September 22, 2017

Archives for March 28, 2012

State Judicial Issues New Forms for Mobile Home FED Actions

The Colorado State Judicial Branch developed and released several new forms related to mobile home forcible entry and detainer (FED)/eviction actions. Practitioners should begin using the new forms and instructions immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Download the new forms from State Judicial’s individual forms pages or below.

County CivilDistrict Civil

  • JDF 140 – “Instructions for Mobile Home FED” (3/12)
  • JDF 141 – “Notice to Quit Mobile Home Tenancy Contrary to Rules and Regulations of Park” (3/12)
  • JDF 142 – “Notice to Quit Owner Occupied Mobile Home” (3/12)
  • JDF 143 – “Demand Notice Owner Occupied Mobile Home for Nonpayment of Rent” (3/12)
  • JDF 144 – “Writ of Restitution Mobile Home” (3/12)
  • JDF 145 – “Motion for Entry of Judgment Mobile Home FED” (3/12)
  • JDF 146 – “Mobile Home FED Notice” (3/12)
  • JDF 147 – “Complaint in Forcible Entry and Detainer Owner Occupied

New Instructions to Request Reduced Mediation Fees Released by State Judicial

The Colorado State Judicial Branch has issued a new Filing Fees form. The new form provides instructions on how to complete a request to reduce mediation fees under JDF 211. Practitioners should begin using the new instructions immediately.

Download the new form from State Judicial’s individual forms pages, or below.

Filing Fees

  • Instruction – “Instructions to Complete Request to Reduce Mediation Fees (JDF 211)” (3/12)

State Judicial also continues to update many forms to include the new time computation (“Rule of 7”) rules and filing fee requirements. Check the State Judicial website for the most up-to-date forms. State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Coach’s Corner: Q&A Law Firm Sale Transactions

I can attest from personal experience that interest in the sale of law practices continues strong and unabated. This may reflect continued economic stress, the aging of the profession or simply greater desire to look for greener pastures outside the law. No matter what the reason, lawyers regularly contact me for help in selling their practices, given that I have helped hundreds of lawyers sell and buy a law practice through my book Selling Your Law Practice: The Profitable Exit Strategy, my articles, my presentations and my hands-on consulting. The questions that I’m asked about practice sales often reflect how little even experienced lawyers know about such transactions. Here are some typical ones from recent conversations.

  • Do I need a nondisclosure agreement (NDA) before holding discussions with a buyer? While circumstances may vary, my general answer is no, because an NDA does not become an issue until later in the process, if at all. However, if a lawyer is more comfortable having one, taking a general version from texts typically found in any law library should suffice.

  • What kind of information would a buyer require? Financial information on the practice is of course essential, and lawyers selling a practice should be fully prepared to provide it. A list of current and past clients is also a necessity for conflicts checks. And remember that selling your practice is no time to be modest or reticent. If you have kept technology up to date, invested in new office space with modern infrastructure, maintained strong referral relationships, be sure to communicate those facts up front. Their value may not be easily quantifiable, but they definitely support the firm’s goodwill: its reputation, client base and client loyalty.

  • What type of contract should I have? Contract is really a misnomer. Typically an attorney for either the buyer or the seller will draft a buy/sell agreement, which both parties will review. Some negotiation occurs, but the agreement must follow the deal memorandum drafted earlier in the process – something that I do whenever I’m asked to advise on the sale.

  • How do I set the selling price? This can literally be the million dollar question. The value to you in selling your practice must be significant, or you would not be interested in selling your goodwill and a buyer would not be interested in buying your practice. Price is normally based on expected future earnings, but may also be affected by revenues that will be earned from the buyer’s talents. Many buyers want to pay a percentage of revenues collected rather than a fixed sum for the practice. However, it is generally preferable to sell (and buy) on a fixed, set sum. Setting that sum is where an experienced negotiator assists both sides in the deal. I have found that I can help buyer and seller reach their mutual objectives better than they could have on their own, simply because of how many transactions I have seen, and my unique approach to the negotiating process.

Ed Poll is a nationally recognized coach, law firm management consultant, and author who has coached and consulted with lawyers and law firms in strategic planning, profitability analysis, and practice development for over twenty years. Ed has practiced law on all sides of the table and he now helps attorneys and law firms increase their profitability and peace of mind. He writes the LawBiz® Tips E-zine, where this post originally appeared on March 13, 2012.

Attorneys to Be Surveyed About Colorado Bankruptcy Court Judges

The Bankruptcy Judges of the United States Bankruptcy Court for the District of Colorado have asked the Federal Judicial Center (FJC) to survey attorneys who have practiced in the district to assess the performance of each of the Bankruptcy Judges. The surveys are a part of the court’s ongoing commitment to provide the highest level of public service possible. The FJC is the research and education organization for the federal courts.

The start-date of the surveys will be staggered over the next eleven weeks. Click here to view the schedule for each judge.

On the start date for each survey, the FJC will send an email to attorneys who have practiced before the particular Bankruptcy Judge. The email will explain how to access and complete an online questionnaire.

The FJC will compile and analyze the survey responses and will provide each judge a report, including a statistical summary and a compilation of the comments that are received. No identifying information about survey respondents will be given to the judges. The results are exclusively for the judge’s use in improving his or her performance; they will not be provided to anyone other than the judge and will not be used in the reappointment process.

If you do not receive an email from the FJC and want to participate, please contact Ms. Beth Wiggins of the FJC at (410) 308-3751 or (202) 502-4076 or by email at fjc_survey@fjc.gov.

Click here for more information about the survey process.

State Judicial Issues Revised List of Statewide Parenting Classes

The Colorado State Judicial Branch has issued a new list of Colorado parenting seminar providers for family law consideration. Practitioners should begin using the new list immediately.

Domestic/Family

Governor Hickenlooper Signs Several More Bills into Law

Many bills have reached the Governor’s desk this legislative session, and on Thursday, March 22 and Saturday, March 24, 2012, Governor Hickenlooper signed several more bills into law.

Eighteen bills were signed into law on Saturday, March 24; five are highlighted below. A complete list of the legislation signed into law Saturday can be found here.

  • SB 12-011: Concerning the Differential Response Pilot Program for Child Abuse or Neglect Cases of  low or Moderate Risk.
  • Sponsored by Sen. Nancy Spence and Rep. Ken Summers. The bill extends the Differential Response Pilot Program beyond the five counties that were originally designated and allows families with low or moderate risk to engage in voluntary programs rather than involuntary and expensive court intervention.
  • SB 12-064: Concerning the Colorado Children’s Trust Fund.
  • Sponsored by Sen. Jeanne Nicholson and Rep. Tom Massey. The bill extends the sunset of the Colorado Children’s Trust Fund until July 1, 2022, and clarifies that the moneys in the fund are to be used for child abuse/neglect prevention, not intervention.
  • HB 12-1029: Concerning an Economic Stimulus Through a Property Tax Exemption for Business Personal Property and, in Connection Therewith, Enacting the “Save Colorado Jobs Act.”
  • Sponsored by Rep. Chris Holbert and Sen. Mark Scheffel. The bill changes the caps for statutory business incentive agreements for counties, municipalities, and special districts.
  • HB 12-1169: Concerning a Clarification of the Circumstances Under Which Voting to Elect Leadership of a Public Body May be Held by Secret Ballot in Accordance with the State Open Meetings Law.
  • Sponsored by Rep. Bob Gardner and Sen. Greg Brophy. The bill amends the state’s open meetings law to prohibit public bodies from taking certain actions by secret ballot unless they are in full compliance with the State Open Meetings Law.
  • HB 12-1249: Concerning the Manner in Which Tobacco Litigation Settlement Monies are Allocated to the State Auditor’s Office for the Costs of Conducting Program Reviews and Evaluations of the Performance of Tobacco Settlement Programs.
  • Sponsored by Rep. Cheri Gerou and Sen. Pat Steadman. The bill, which was recommended by the Joint Budget Committee, changes the funding allocations for tobacco Master Settlement Agreement funds.

For a full list of bills signed into law by Governor Hickenlooper on March 24, click here.

Governor Hickenlooper also signed seventeen bills into law on Thursday, March 22, 2012. Five of those bills are summarized here; for a complete list, click here.

  • HB 12-1033: Concerning Conditions on the Authority of the Director of the Division of Workers’ Compensation to Impose Administrative Fines as a Result of Compliance Audits Finding Instances of Late Reporting of Injuries Under the “Workers’ Compensation Act of Colorado.”
  • Sponsored by Rep. Spencer Swalm and Sen. Linda Newell. The bill restricts the circumstances in which the Director of the Division of Workers’ Compensation can inpose a fine for non-reporting or late reporting of industrial injuries.
  • HB 12-1047: Concerning the Waiver of Non-Safety Licensing Standards for Kinship Foster Care.
  • Sponsored by Rep. John Kefalas and Sen. Linda Newell. The bill allows county departments of social services to waive certain non-safety licensing requirements for kinship foster care. Previously, the state Department of Human Services had this waiver power, but it was rarely exercised due to the fact that most children are removed under emergency circumstances and there generally is not time to obtain a state waiver prior to placement.
  • HB 12-1074: Concerning Access to Data to Assist the Courts in Overseeing Persons Appointed to Manage the Affairs of Persons Under Disability.
  • Sponsored by Rep. Jim Kerr and Sen. Steve King. The bill allows a court to access data maintained by state agencies in order to contact guardians and conservators who have failed to file reports, as long as the courts keep the personal information private.
  • SB 12-024: Concerning the Obligations of a Residential Nonprofit Corporation to its Residential Members and, In Connection Therewith, Clarifying Open Meeting Provisions and Limiting the Conditions Under Which the Corporation Must Refund Moneys Paid by a Residential Member.
  • Sponsored by Sen. Ted Harvey and Rep. Chris Holbert. The bill specifies that residential membership fees for nonprofit corporations must only be refunded when the membership is transferred, and clarifies that all members must receive notice and be allowed to attend meetings whenever final action will be taken on the board’s behalf.
  • SB 12-097: Concerning a Simplified Procedure for the Adjudication of Certain Changes of the Points of Diversion of Water Rights.
  • Sponsored by Sen. Mary Hodge and Rep. Jerry Sonnenberg. The bill sets forth a simplified procedure for applications to change a point of diversion of water rights. The bill creates a presumption that there will not be a change in the amount of decreed water rights, which may be challenged in court.

For a complete list of legislation signed into law by Governor Hickenlooper on March 22, click here.

For a complete list of Governor Hickenlooper’s 2012 legislative decisions, click here.

 

 

Tenth Circuit: Unpublished Opinions, 3/27/12

On Tuesday, March 27, 2012, the Tenth Circuit Court of Appeals issued no published opinions and five unpublished opinions.

Unpublished

United States v. Andrews

United States v. Lake

United States v. Rutherford

Rockefeller v. Chu

United States v. Cano

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.