Agenda
Friday, August 17, 2018
7:15 am
Registration
8:00 am
Welcoming Remarks
Robin Beattie, Esq., Family Law Institute Chair, and Heidi Ray, Esq., Assistant Executive Director, Colorado Bar Association CLE
8:05 – 9:30 am
Breakfast with Paula Kohut and Bob Barret: Advancing Cultural Effectiveness for 21st Century Practitioners - an LGBTQ Perspective – Sponsored by JAMS
Given the increasing diversity of both clients and their familial relationships, substantive and cultural effectiveness in the practice of law is becoming an essential for lawyers, particularly family law practitioners. Whether in private practice, legal aid or public service, cultural competence with diverse populations is important to effective representation. Bob Barret and Paula Kohut will discuss diversity, implicit bias, and cultural effectiveness from a perspective of personal and professional experiences as members of the LGBTQ community. Substantive resources for the practitioner will be provided.
Paula Kohut, Esq., and Bob Barret, PhD., Professor Emeritus
1.7 CLE CREDITS
9:30 – 10:40 am
Oops, Your Implicit Bias is Showing
While explicit bias in the court system is unlikely to explain, in total, unjust negative outcomes for minority litigants, implicit bias offers a more prevalent and complex explanation. This program will explore the neuroscience of decision making and how unconscious or implicit bias is intimately integrated into our daily decision making. While the national trends are a result of compounding social and institutional issues, attorneys representing parties, in particular, have an obligation to ensure their representation and decision making is free from blind spots.
Presentation Learning Objectives/Goals:
- Define implicit bias;
- Learn the neuroscience of decision making and the potential impact of implicit bias; and
- Discuss through personal experience and case studies how implicit bias shows up in everyday decision making, both professional and personal, and how to address the ethical considerations when examining implicit bias in practice.
Brenidy Rice, Colorado State Problem Solving Court Coordinator, State Court Administrator’s Office
1.4 CLE CREDITS
10:40 am - 10:50 am
Networking Break – Please Visit Your Sponsors!
10:50am – 12:00pm
Come Play Family Feud Ethics!
Come play the Feud and explore the ethical issues facing attorneys representing parties in actions for dissolution of marriage or allocation of parental responsibilities. Rules 2.1, 3.4, 3.3, 3.1, 3.2, and 1.15 will be discussed. Audience participation included! Over 100 attorneys surveyed say do not miss this session!
Chris Radeff, Esq., and Mark Chapleau, Esq.
1.4 CLE CREDITS, INCLUDING 1.4 ETHICS CREDITS
12:00 – 12:15 pm
Pick up Box Lunches
BREAKOUT SESSIONS BEGIN (SESSIONS 1 THROUGH 3 are Working Lunches)
SESSION 1
12:15 – 1:05pm
When the Bough Breaks; Strained Parent-Child Relationships in High-Conflict Divorce
Kathleen McNamara, PhD, and Kimberly Utesch, Esq.
1 CLE CREDIT
SESSION 2
12:15 – 1:05pm
A Lawyer, a Judge and an Ethics Expert Walk into a Bar: Meritorious Claims, Terminating Representation, and Clients with Diminished Capacity
Lynne Weitzel, Esq., Honorable Ed Moss, and Honorable Frederick Martinez
1 CLE CREDIT, INCLUDING 1 ETHICS CREDIT
SESSION 3
12:15 – 1:05pm
WTF – Is That for Real? Quirks in Statutes and Case Law
William (Bill) Vincent, CPA, Eric Six, CPA, and Jordan Fox, Esq.
1 CLE CREDIT
SESSION 4
1:10 - 2:00 pm
Mental Issues in Family Law: DSM for Dummies
Kevin Albert, Psy.D.
1 CLE CREDIT
SESSION 5
1:10 - 2:00 pm
Ethical Traps in Mediation: Confidentiality and Best Practices
Terri Harrington, Esq., and Elizabeth Henson, Esq., Attorney/Mediator
1 CLE CREDIT
SESSION 6
1:10 - 2:00 pm
New Tax Laws and Their Impact Upon Family Law Issues
Preston Hofer, CPA, and Nathan Bucar, Esq.
1 CLE CREDIT
SESSION 7
2:05 - 2:55 pm
Representing Traumatized Victims: Another World of Competence. Are You Equipped?
Maria-Vittoria Carminati, Esq.
1 CLE CREDIT
SESSION 8
2:05 - 2:55 pm
Deal or No Deal: When is a Settlement Agreement Final and Enforceable or Contingent and Unenforceable?
John Tatlock, Esq., and Rhonda White-Mitchell, Esq.
1 CLE CREDIT
SESSION 9
2:05 - 2:55 pm
Divorcing After Retirement
Halleh Omidi, Esq., and Kathleen Hogan, Esq.
1 CLE CREDIT
2:55 – 3:15pm
Networking Break – Please Visit Your Sponsors!
SESSION 10
3:15 - 4:05 pm
In Case of Emergency … File a Motion to Restrict Parenting Time Under 14-10-29
Hannah Westmont, Esq., Natalie Simpson, Esq., and the Honorable Kelley Southerland
1 CLE CREDIT
SESSION 11
3:15 - 4:05 pm
All Fundamental Liberty Interests are Equal, But Some are More Equal Than Others
Steven Epstein, Esq., and Ann Gushurst, Esq.
1 CLE CREDIT
SESSION 12
3:15 - 4:05 pm
Ethics and Other Things You Need to Know About Dividing Military Retirement Benefits: Applying New Federal Law
Bill Carew, Esq.
1 CLE CREDIT, INCLUDING 1 ETHICS CREDIT
SESSION 13
4:10 - 5:00 pm
Domestic Violence – The Intersection Between Criminal and Domestic Law
Mechelle Faulk, Esq., Rajesh Kukreja, Esq., Honorable Sean Finn and Honorable Ann Gail Meinster
1 CLE CREDIT
SESSION 14
4:10 - 5:00 pm
You Say Colorado, I Say Kentucky … Unraveling UIFSA, the UCCJEA & the UPA
Honorable Angela Arkin (ret.), and Rebecca Goldmanis, Esq.
1 CLE CREDIT
SESSION 15
4:10 - 5:00 pm
Assisted Reproductive Technology Law
Laura Koupal, Esq.
1 CLE CREDIT
5:00 pm
Adjourn
5:00 – 6:30 pm
Annual Wine Tasting Reception – Sponsored by BYN Mellon
Saturday, August 18, 2018
7:45 – 8:35 am
YOGA!
"Yoga Danny" has been teaching gentle, non-stressful yoga for 35 years to all types of people from professional athletes to senior citizens. Everyone is welcome!
8:00 am
Registration Open. Enjoy Breakfast and Please Visit Your Sponsors!
8:40 am
Welcome Back / Announcements
8:45 – 9:45 am
Case Law Update
Presented by Ronald Litvak, Esq., and Timothy R. J. Mehrtens, Esq.
1.2 CLE CREDITS
9:45 - 10:45 am
Maintenance: The Good, the Bad and the Taxes
A Judicial Panel Presentation
- Honorable Paul Dunkelman
- Honorable Gary Kramer
- Honorable Michal Lord-Blegen
- Honorable Bonnie McLean
- Honorable Christopher Seldin
- Honorable Laura Tighe
Moderators: April Jones, Esq., and Kristi Wells, Esq.
1.2 CLE CREDITS
10:45 - 11:00 am
Networking Break – Please Visit Your Sponsors!
11:00 am – 12:00 pm
Lightning Rounds
- Financial Forensics
Dianne Van Voorhees, Esq.
- CRCP 98(f) and Hagen v. Farmers Ins. Exchange
Heather Strack, Esq.
- Same Sex Marriage
Richard Rotole, Esq., Rachel Catt, Esq.
- CFI and Alcohol Evaluators
Julia Purchase, Esq., and Lorraine Bockman, LCSW
- Naming Rights
Emma Palley, Esq., and Lisa Frigo, Esq.
1.2 CREDITS
12:00 – 1:30 pm
Lunch on Your Own
1:30 - 5:00 pm
Cross Examination with Larry Pozner
Reduce anxiety by learning to cross examine witnesses from a master! The “Chapter Method” of Cross Examination will help you use your trial preparation time more effectively and streamline your presentation of witnesses at hearings of every level.
Pozner on Cross is one of America’s most popular CLEs. This innovative program demonstrates the advanced methods of cross and the science behind them. Mr. Pozner will discuss the modern techniques of cross examination in detail with examples, accompanied by an extensive handout drawn from the all-time bestselling book on cross: Cross -Examination Science and Techniques, newly released in its 3rd edition (Pozner and Dodd, LexisNexis). Pozner on Cross has been presented in 48 states, throughout Canada, and recently in Brazil.
Learn the following techniques:
- The Mentality of Advanced Cross
- Making Cross the center of our case
- Dominating the flow of facts
- Our role as storyteller
- Using witness anxiety to compel honest answers
- The Science of Constructive Cross-Examination
- Using cross to prove our case
- Lowering the burdens on our witnesses
- Linking our theme to common experiences
- The Teaching Power of Leading Questions
- Forming questions to achieve control
- Training witnesses to say "yes"
- Becoming the teacher of the case
- Controlling Witnesses One Fact at a Time
- Shaping judges’ perceptions of the facts
- Using simplicity to block escape
- Confronting the evasive question
- Goal-Oriented Questioning Sequences
- Structures designed to keep the witness honest
- Setting up punishing impeachments
- Minimizing risk in difficult areas
- The Chapter Method Cross-Examination
- Breaking cases into understandable stories
- Recognizing events valuable for cross-examination
- Effect of Chapter Method on the opponent’s case
5:00 pm
Closing Remarks and Adjourn
THANK YOU FOR ATTENDING THE ANNUAL FAMILY LAW INSTITUTE!
Please fill out your evaluations and mark your calendars for the 2019 Family Law Institute - August 15-17, 2019
We will see you back in Vail!