September 22, 2017

Colorado Court of Appeals: UCCJEA Required Trial Court to Conduct Further Inquiries Before Assuming Jurisdiction

The Colorado Court of Appeals issued its opinion in People in Interest of C.L.T. on Thursday, September 7, 2017.

Termination of Parental Rights—Dependency and Neglect—Jurisdiction—Uniform Child Custody Jurisdiction and Enforcement Act—Emergency Jurisdiction.

C.L.T., a child, was adjudicated dependent and neglected. Thereafter, the Denver Department of Health and Human Services moved to terminate the parental rights of mother and father, alleging that they had not complied with their treatment plans and that both of them were unfit parents. The trial court found that although reasonable efforts had been made to rehabilitate mother, her treatment plan had not been successful, she was not fit to parent the child, and she was not likely to become fit within a reasonable period of time. The court made similar findings regarding father. Then it terminated the parental rights of both mother and father.

On appeal, mother contended that the trial court lacked jurisdiction to terminate her parental rights because it failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). She argued that because a child welfare case remained open in Texas when the Colorado case was filed, the Colorado court could exercise only emergency jurisdiction unless and until it acquired ongoing jurisdiction under the UCCJEA. The information in the record, which was limited but contained at least some indication that the court may not have had the requisite jurisdiction, was insufficient to establish whether the trial court had jurisdiction to enter any order beyond the temporary emergency order.

The judgment was vacated, and the case was remanded for the trial court to undertake further inquiries about proceedings concerning the child in other states, confer with courts in other states as appropriate, and make express findings about its UCCJEA jurisdiction.

Summary provided courtesy of Colorado Lawyer.

Discovering Discovery: Building Your Case, Deposition Tips, Expert Witnesses, and More

“Reduced to its essence, discovery is the process of identifying, collecting, producing and/or receiving relevant, nonprivileged materials in connection with pending or reasonably foreseeable litigation. With the advent of notice pleading, civil discovery provides access to the relevant information that litigants and their counsel require to make informed decisions about the merits of their case and the potential for settlement.” -Magistrate Judge Craig B. Shaffer

Discovery is a crucial component of every litigation case. In the last 10 years, civil litigation has changed significantly. The proliferation of electronic data and new rules on both the state and federal level create increasingly difficult challenges for preserving, managing, and producing electronically stored information. Conducting discovery outside Colorado has become mainstream as civil litigation has become more national—even global.

This Friday, CBA-CLE will debut the newest title in our litigation library, Discovery in Colorado, at a full-day program, “Discovering Discovery.” Discovery in Colorado is a practical guide to discovery that brings to life the application of the Colorado and Federal Rules of Civil Procedure governing the discovery process. Discovery in Colorado was written by a variety of different practitioners, overseen by Magistrate Judge Nina Y. Wang and Natalie Hanlon Leh, Esq. Attorneys and judges with backgrounds in private, in-house, and government practice authored individual chapters.

Learn different approaches to discovery and hear distinct perspectives from some of the most experienced trial attorneys and judges in Colorado. Each class attendee receives Discovery in Colorado, 1st Edition, as course materials. Explore the ever-changing state of discovery through this valuable course and companion book. Register using the links below, or call (303) 860-0608.

 

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CLE Program: Discovering Discovery

This CLE presentation will occur on Friday, July 28, 2017, at the CLE Large Classroom (1900 Grant St., 3rd Floor) from 8:30 a.m. to 4:45 p.m. Register for the live program here and the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here — Video OnDemandMP3 Audio

Post-Decree Modifications of Parental Responsibilities — Best Interests, Endangerment, and More

Sometimes, after a decree of dissolution is entered, parents seek to modify their allocation of parental responsibilities. The standard for modification of decision-making is found in C.R.S. § 14-10-129(2)(a) through (d). Subsection (a) allows for modification when the parties agree, but in practice this rarely or never happens. Subsection (b) allows modification when the child has been integrated into the family of the moving party with the consent of the other party — this, too, rarely happens. Subsection (c) addresses relocation and lists specific criteria for modification. The “meat” of the statute, however, is in subsection (d).

Subsection (d) allows modification of decision-making when “The child’s present environment endangers the child’s physical health or significantly impairs the child’s emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child.” Many cases have interpreted “endangerment” as it relates to the modification of decision-making; it is where attorneys get creative with their arguments. Typically, though, “endangerment” is when the parent fails to make decisions or when the parents cannot agree on even the most minor of decisions and it harms the child.

The standard to modify parenting time is the best interest of the child standard, which is slightly less onerous to meet than the endangerment standard. Learn more about the interplay of the two standards and practical applications of the standards in case law from Marie Moses, a partner at Lass Moses Ramp, LLP. Ms. Moses presented a program, “Mastering Post-Decree Modification Standards: Best Interests Versus Endangerment,” which is available here:

Ms. Moses discusses the difference between the best interests and the endangerment standards, and how courts apply the two in practical situations.

The materials and homestudy are available for purchase here.

Ethics in the Electronic Age: Social Media Guidance for Attorneys

Do you have a LinkedIn account? How about a Facebook page? Twitter handle? Instagram? Blog? All of the above?

Have you ever considered the Rules of Professional Conduct when commenting on someone else’s Facebook post, or sharing a clever tweet, or even writing on your personal blog? If not, then you should.

Most lawyers are probably aware that there could be ethical implications to their professional use of social media, but personal use can also implicate the Rules. Learn more from Katrin Miller Rothgery of Brownstein Hyatt Farber Schreck in the video, below.

Ms. Rothgery’s presentation on Ethics in the Electronic Age was just one part of the 2017 Real Estate Spring Update. Purchase the full homestudy here, or call (303) 860-0608. CLE Pass Holders can access the MP3 and Video OnDemand homestudies for free. Find out more about the CLE Pass here.

Why Good Lawyers Do Bad Things – Think It Can’t Happen to You?

High-Profile Lawyer Charged with Punching Client in Court,” Above the Law, October 30, 2015.

Storied Plaintiffs Lawyer Disbarred in Kentucky Over Excessive Fees,” National Law Journal, March 21, 2013.

Lawyer Charged with Forging Signatures of 7 Judges on Over 100 Court Documents,” Above the Law, February 24, 2016.

Biglaw Partner and Associate Destroyed Evidence, Suborned Perjury,” Above the Law, June 24, 2015

Headlines like these grab our attention, but they don’t give us much cause for concern. After all, we would NEVER do anything like that. But what about these?

“[Lawyer] agreed to represent a client in his immigration and criminal matters. On [Lawyer]’s advice, his client pleaded guilty to felony sexual assault. The client later regretted his decision to plead guilty, hired other counsel, successfully withdrew his plea, went to trial, and was acquitted.” People v. Romero, 16PDJ057, December 9, 2016.

“[Lawyer] was convicted five times of driving under the influence (DUI) or driving while ability impaired (DWAI). His most recent conviction took place in 2011. Through this conduct, [Lawyer] violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).” People v. Condon, 16PDJ050, December 23, 2016.

“In October 2015, [Lawyer] sought a $1,000.00 loan from a client to address cash flow problems. The client agreed, so [Lawyer] executed a promissory note in favor of the client, providing for 8% per annum interest and providing that the principal and interest would be due one month hence, in November 2015. The terms of the loan were fair and reasonable. But [Lawyer] did not advise the client in writing of the desirability of seeking independent legal counsel as to the transaction. Nor did he obtain the client’s written, informed consent to [Lawyer]’s role in the transaction, including whether [Lawyer] was representing the client in the transaction. [Lawyer] failed to pay the client by the agreed-upon date, though [Lawyer] did fully repay the client in March 2016. At that time, the client had not yet reported [Lawyer] to disciplinary authorities.” People v. Foster, 17PDJ018, March 15, 2017.

Do these still sound too far-fetched to you? How about these ones?

“Lawyer accepts $5,000 ‘flat fee,’ expecting a complex dispute, but skillfully resolves the matter in one hour. He then keeps the entire fee.”

“While [Lawyer] served as county attorney, he worked on legal issues involving third parties’ management of dirt track racing at El Paso County’s fairgrounds. He was involved with drafting a memorandum of understanding between the County and one of those third parties to address issues that exposed the County to liability. After [Lawyer] left the employ of El Paso County, the County faced ongoing legal issues with that same third party. In 2013, [Lawyer] began representing that party against El Paso County.”

“[Lawyer] is subject to several orders entered in Arapahoe County requiring him to pay child support, various child-related expenses, and child support arrearages. [Lawyer] paid just over half of the child support obligations he owed between June 2015 and November 2016. [Lawyer]’s failure to satisfy these obligations violated Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).”

“[Lawyer] failed to obey a court order to pay monthly child support and to satisfy child support arrearages. Her failure to honor her court-mandated obligations tarnished the integrity of the legal system and harmed her child. Her conduct violated Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).”

“[Lawyer] was retained by a client in March 2016 in a paternity case. Because he failed to pay registration fees, [Lawyer] was placed on administrative suspension on May 2, 2016. While suspended, [Lawyer] participated in a telephone conference with the court and set a status conference for June 2016.”

“[Lawyer], a bankruptcy attorney, was retained by a lawyer who had been disbarred for knowing conversion. The lawyer’s disbarment order required him to pay restitution to several former clients, as well as more than $220,000 to a medical lienholder. On the client’s behalf, [Lawyer] filed a Chapter 13 bankruptcy petition. He did so to stall a foreclosure sale on the client’s house in the hopes of protecting from creditors up to $105,000 in equity under the homestead exemption, and to avoid entangling the client’s second property in Crested Butte in a Chapter 7 bankruptcy. The petition showed that the client’s debt was over 99% of the allowable limit for Chapter 13 cases. The petition did not, however, list the $220,000 debt to the lienholder; instead, it characterized the amount of the debt as “unknown,” “unliquidated,” and “disputed.” Had that debt to the lienholder been included in the client’s total debt, the amount would have exceeded the Chapter 13 debt limit.”

Are you starting to feel uncomfortable? These situations and others are published monthly in The Colorado Lawyer. Although many of the disciplinary situations are too egregious to relate to, others could happen to anyone – even good lawyers like you.

If you ask any random group of people to rank how ethical they are on a scale of one to one hundred, responses will average about 75, meaning almost everyone is misjudging how they would react to actual ethical dilemmas. Studies regularly show a gap between an ethical goal (how ethical we aspire to be) and ethical judgment (what we actually do). This has been called “bounded ethicality,” and it examines why individuals fail to recognize that external influence and self-interest impact their ethical thinking.

Ethical decisions can be hard for anyone, but the stakes are higher for lawyers because the Colorado Rules of Professional Conduct dictate lawyers’ ethical responsibility. The preamble to the Rules states, “Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system, and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living. . . . The Rules do not . . . exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules.” There are plenty of shades of grey in determining the ethical path, in other words.

On May 15, 2017, Christopher P. Montville of Wheeler Trigg O’Donnell will present a one hour lunch program, “Why Good Lawyers Do Bad Things (And What to Do About it).” This can’t-miss program will explore the reasons why good people sometimes make bad choices, and how to avoid becoming a disciplinary summary in The Colorado Lawyer. Register today by calling (303) 860-0608 or clicking the links below.

 

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CLE Program: Why Good Lawyers Do Bad Things

This CLE presentation will occur on May 15, 2017, at the CLE Large Classroom (1900 Grant St., 3rd Floor) from noon to 1 p.m. Register for the live program here and the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here — Video OnDemandMP3 Audio

Be an IP Superhero at the 15th Annual Rocky Mountain Intellectual Property & Technology Law Institute

Be an IP Superhero like Nate and Molly!

Evil trolls are coming to destroy our patents —

Ransomware and robots are taking over our computers —

Unfair competition is just, well, UNFAIR! —

Virtual reality has gone rogue —

 

But who can we call?

The IP Superheroes!

You can be an IP Superhero, too. Find out how by registering today for the 15th Annual Rocky Mountain Intellectual Property and Technology Law Institute. This year’s Institute features three plenary sessions:

  1. Mile High Sports Law with major team general counsels,
  2. Trends in IP law and litigation, presented by a panel of national federal court judges, and
  3. Ethics of Artificial Intelligence and Ethics and Disclosure Exposure.

Plus much more! The chief judges of the PTAB and TTAB will discuss new developments, and attorneys will present the Year in Review for the PTAB and TTAB. There will be sessions on Six Things You Can Do to Protect your Company and Clients • Cannabis and Marijuana Update • Hot Topics in Bio-Pharma Prosecution • Big Data, Data Breaches, Open Source, and More • Trademarking Pop Culture • Ransomware, Robots, and Raging Machines • Getting Indemnity Agreements Right • and Many More!

The 15th Annual Rocky Mountain Intellectual Property and Technology Law Update will take place on June 1-2 at the Westin Westminster, 10600 Westminster Blvd., Westminster, CO 80020. Click here to register today!

Experience Interactive “People in Crisis” Exercise at the Criminal Law Spring Update

Often, people come to lawyers during a period of crisis, looking to their lawyer for assistance and comfort. Perhaps they are newly unemployed, or have lost a loved one, or are going through a contentious divorce. Or perhaps the client is experiencing poverty and all its attendant problems. While lawyers may be familiar intellectually with the statistics of poverty, many have not actually experienced it.

This year’s Criminal Law Spring Update is a unique interactive simulation of clients in crisis. Each participant will assume the role of a family member with limited resources. Some participants will be newly unemployed, some will have been recently deserted by the “breadwinner,” and some will be senior citizens living on fixed incomes or raising grandchildren. The participants will be tasked with providing for basic necessities and shelter with limited resources.

This program is designed to provide perspective to attorneys whose clients may be experiencing similar situations. The exercise will let participants experience some of the emotional stresses and frustrations created by having limited resources, as well as the difficult choices people with few resources feel they may need to make in order to survive. The program will begin with an introduction, move into the simulation, and then have a debriefing period in which participants will have the opportunity to share their experiences and talk about what they have learned during the exercise. The afternoon will be a more traditional CLE program, where we will discuss bond and sentencing issues, and how poverty affects these issues.

Register now for this unique opportunity to experience the effects of poverty on legal issues from the client’s perspective. Call (303) 860-0608 to register or click the links below.

 

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CLE Program: Criminal Law Spring Update – LIVE ONLY!

This CLE presentation will occur on May 2, 2017, at the Ralph L. Carr Judicial Center (2 E. 14th Ave. in Denver), from 9 a.m. to 4:45 p.m. Register for the live program here. You may also call (303) 860-0608 to register.

Class Action Headaches: The Intersection of Mild Traumatic Brain Injury and Sports Concussion Litigation

Iron Mike Webster

“Iron Mike” Webster played for the Pittsburgh Steelers from 1974-1988 and the Kansas City Chiefs from 1989-1990, and played in 245 games during his career. He died at the age of 50 in 2002 from a heart attack. At his death, Iron Mike was suffering from dementia, self-mutilating, and living out of his pickup truck. A doctor named Bennet Omalu performed his autopsy, which showed chronic traumatic encephalopathy, or CTE. Dr. Omalu examined the remains of several other former NFL players who had similar symptoms to Iron Mike, including Terry Long, Andre Waters, and Justin Strzelczyk. He presented his findings to the NFL Commissioner, Roger Goodell, but was largely ignored until Chris Henry of the Cincinatti Bengals died in 2006 at age 26 due to CTE.

Will Smith and Alec Baldwin starred in a December 2015 movie, “Concussion,” which detailed Dr. Omalu’s findings and his struggle to be taken seriously by the NFL. In April 2015, a federal district court judge approved a class-action settlement of former NFL players for long-term neurological problems associated with repeated concussions. All eligible retired former NFL players will receive a baseline neuropsychological and neurological examination, and additional medical testing, counseling, or treatment if they are diagnosed with moderate cognitive impairment. The settlement also provides for monetary awards, conceivably into the millions of dollars, for diagnoses of certain neurocognitive diseases or impairments, such as ALS, Parkinson’s disease, Alzheimer’s disease, or certain levels of dementia. Fewer than 200 retired NFL players have opted out of the settlement.

Other sports organizations have filed class actions, as well. A number of former college athletes have filed suit against the NCAA, alleging long-term injuries from concussions experienced while playing NCAA sports. The U.S. Soccer Federation, U.S. Water Polo, the NHL, and the World Wrestling Federation have also been the subjects of concussion-related lawsuits. Many states, including Colorado, have passed measures intended to protect young athletes from second-impact syndrome, a rare and potentially fatal consequence of repeated concussions.

Reid Neureiter of Wheeler Trigg O’Donnell has researched concussion litigation extensively. On Thursday, March 9, from noon to 1 p.m., he will present “Concussions in the Courts,” a one-hour lunch program to highlight the continuing litigation between athletes and athletic organizations. Register by calling (303) 860-0608 or by clicking the links below.

 

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CLE Program: Concussions in the Courts

This CLE presentation will occur on March 9, 2017, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 12 p.m. to 1 p.m. Register for the live program here or register for the webcast here. You may also call (303) 860-0608 to register.

Can’t make the live program? Order the homestudy here: MP3Video OnDemand.

Top Ten Programs and Homestudies of 2016: The Best of the Rest

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Best of the Rest: the top programs and homestudies in the areas of law not previously covered, including construction law, disability law, agricultural law, water law, natural resources law, immigration law, and marijuana law. Although these practice areas are varied, the homestudies and programs featured below are top-notch. For practitioners in these areas of law, visit cle.cobar.org/Practice-Area to find more programs and homestudies in your area of practice, and visit cle.cobar.org/Books to search our selection of books.

Construction Law — Residential Construction Defect Law 2016: Intermediate to Advanced Class
The program will highlight significant construction defect liability, damages and insurance developments occurring over the past two years and described in the Fifth Edition of Residential Construction Law in Colorado (CLE in Colo., 2015) written by Ronald M. Sandgrund, Scott F. Sullan and Leslie A. Tuft. A copy of the book is included as part of the course materials. No written materials other than a list of cases and statutes discussed will be supplied. This program is an advance program and is not intended to provide a general overview of construction defect law or practice. Each Homestudy includes a PDF copy of the CLE book, Residential Construction Law in Colorado, 5th Edition. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

Immigration Law — Immigration Law 2016
Attend this program and you will receive practical training for representing individuals in immigration proceedings, including juveniles and survivors seeking asylum and other humanitarian relief. Topics covered include: Immigration Law 101, Special Immigrant Juvenile Status, U Visas, T Visas, and VAWA, Cancellation of Removal and Trial Advocacy Skills in Immigration Court, Asylum Law, and Model Asylum Hearing. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Water Law — Water Law 101 in 2016
This is the eighth in a series of courses related to Colorado water law and administration. This particular course will introduce you to the basic legal framework governing Colorado water law, rights, and administration as of 2016. You will become familiar with court cases, matters and issues critical to your understanding of water and water law in Colorado. You will learn about Colorado’s different types of water rights, how they are administered, the role of the State and Division Engineers, and what is required for changes of water rights. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Environmental Law — Colorado’s Future Energy Economy: Legal Landscape
Attend this program and hear perspectives of officials and leaders at national and state and federal government levels on the direction of Colorado’s energy industry. Plus, gain invaluable insights on such from environmentalists, the energy industry, academia, and private firm practitioners. Take advantage of this unique opportunity to learn about the latest developments in the legal landscape behind Colorado’s energy and natural resources industries. Attend this program and personally unravel the issues with the experts. AND, at the same time, you will sharpen your practice skills and expand your knowledge to better serve your clients! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

Natural Resources Law — Oil, Gas, and Mining: Current Legal Issues
This Oil, Gas and Mining Law program is the one to attend to get up to speed on energy issues currently affecting Colorado and the West. You will leave this seminar with a better understanding of the latest regarding pertinent litigation, regulations and solutions for quieting title, financing, and distressed companies. Taught by experts, this program will provide you with an opportunity to network with colleagues and experts, and to catch up on hot topics in the energy law arena. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 9 general credits, including 1 ethics credit.

Disability Law — Social Security Disability: Advanced Practice
Your distinguished panel of Judges, ODAR and Colorado Disability Determination Services Officials, a vocational expert, and seasoned private firm SSDI practitioners will provide you with the latest information on: Changes, Statistics, and Findings of the Colorado Disability Determination Services Office, What’s Happening in Region 8 and at Headquarters – Office of Disability Adjudication and Review?, State of the Denver Regional Office of Disability Adjudication and Review, Attorney Fee Agreements and Fee Petitions, How-to’s of Vocational Expert Examination, Perspectives of the Appeals Council, Appeals Council and Federal District Court Arguments, Case Law and Rulings, and How to File in Federal Court and Win! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits.

Agricultural Law — Rural Land Transactions: Contract Issues
Whether you represent the buyer or seller of ranch land, cattle, timber or recreational ranches, farms or other rural lands, this program is for you! Attend and your faculty of seasoned real estate attorneys and brokers will guide you through the nuances of rural land transactions, and help you avoid mistakes and potential pitfalls. You will receive straightforward guidance on Buyer Entity Pros and Cons, Federal Grazing Permits, Water, Mineral and Wind Rights, Growing Crops, and much more. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

Marijuana Law — Enforcing Cannabis Contracts, Including the Use of Arbitration in the Cannabis Industry
A key fear in the cannabis industry is the extent to which cannabis-related contracts are enforceable. This goes beyond contracts for the sale of cannabis itself and may include any number of legal instruments that touch a cannabis business. Although a number of recent court decisions in the Colorado state and federal courts indicate a trend toward the enforcement of cannabis-related contracts, and these cases will be discussed, many doubts remain regarding the enforceability of cannabis-related contracts. Arbitration provides a unique forum for the resolution of cannabis-related disputes that may provide greater legal certainty and enforceability. This CLE presentation covers the nuts and bolts of arbitration law relevant to the enforcement of purportedly illegal contracts, and goes beyond to identify techniques counsel should consider when drafting arbitration clauses for cannabis businesses and their partners. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

Top Five Programs and Homestudies of 2016: Elder Law

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Top Five Elder Law Programs and Homestudies. CBA-CLE offers many great programs of importance to elder law practitioners, and also has some great books. Find out more here – cle.cobar.org/Practice-Area/Elder.

5. Elder Law Basics – Shifting Our Perspectives to Our Elders
Aging isn’t just a biological process — it’s also a legal, financial and cultural one. Different cultures have different attitudes and practices around aging and death, and these cultural perspectives can have a huge effect on our experience of getting older. While many cultures celebrate the aging process and venerate their elders, in western cultures, where youth is idolized and preserved at all costs, the elderly are commonly removed from the community and relegated to hospitals and nursing homes.  Physical signs of human aging tend to be regarded with distaste, and aging is often depicted in a negative light in popular culture, if it is depicted at all. Has the western fear of aging kept our elders from living full lives? Is it time to change our perspective? We as a profession and society may have to shift our perspective and our attention as the American population ages. The Elder Law Basics Seminar is not only for you if you are new to elder law, it is  for you if you practice law at all, because there is not a practice area that elder law does not touch. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

4. When the Diagnosis is Alzheimer’s: Issues and Solutions for Counselors and Caregivers
This innovative program will speak to attorneys who are dealing with aging and disabled clients as well as attorneys who are caregivers for persons with dementia in their own families. Providing an in-depth look at the issues and solutions presented by Alzheimer’s disease, the program will start with an overview of dementia from Karen Moravek, Community Education Coordinator with the Colorado Chapter of the Alzheimer’s Association. The program will then shift into the legal issues facing your clients and families. The program concludes with a panel discussion and opportunity for questions about Alzheimer’s Resources, Social Security Disability, Geriatric Care Management and Long-Term Care Insurance. This dynamic and informative program promises to answer your questions about Alzheimer’s disease, whether you are a counselor or a caregiver! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits, including 1 ethics credit.

3. Elder Law Basics: Counseling Our Seniors
Thanks to the baby boomer generation, the number of senior citizens is growing rapidly. As the boomer population reaches age 65, the senior population is projected to reach 83.7 million – almost double the estimated number in 2012, and approximately twenty percent of the total US population. Roughly 10,000 people will turn 65 every day for the next 20 years! This increasing elderly population has and will necessitate more senior legal representation. With a rapidly growing senior population, there is no better time to be a part of this practice area. And CBA-CLE is your essential source for advancing your knowledge, cultivating relationships and sharpening the skills necessary to work with and on behalf of our elders. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

2. Guardianships and Conservatorships: Addressing the Tough Issues
The role of guardian and conservator often involves leading and having difficult conversations. At this CLE Seminar, you will learn from some of the most experienced and knowledgeable practitioners in this field about how best to counsel your clients and their families when these conversations have to take place. Whether the ward must be involuntarily placed after a mental health proceeding, when a criminal matter may arise, or even when the controversial issue of involuntary sterilization or abortion becomes an issue, your trusted faculty will guide you through every step of the way. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

1. 8th Annual Elder Law Retreat
This annual event combines a weekend in the mountains with learning about elder law from some of the state’s top practitioners. Topics covered at the 8th Annual Elder Law Retreat in Vail included Creating a Tax-wise Portfolio for a 3rd Party Special Needs Trust, Post-Adjudication Right to Counsel in Protective Proceedings, Medicaid: Planning With and Valuation of Unique Assets, Undoing What Was Wrongfully Done for Real Estate and Financial Transactions, Mental Health Issues in Guardianships and Conservatorships, and more. Order the CD homestudy here and the MP3 here. Available for 18 general credits, including 3 ethics credits.

Top Ten Programs and Homestudies of 2016: Criminal Law

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today on Legal Connection we are featuring the Top Ten Criminal Law Programs and Homestudies. In addition to today’s featured programs and homestudies, CBA-CLE offers several books for criminal law practitioners and many other programs. Find out more here – cle.cobar.org/Practice-Area/Criminal. And now, for the Top Ten Criminal Law Programs and Homestudies…

10. Cell Phone Privacy in the Age of Surveillance: Location Tracking, Searches, and Smart Phone Privacy
This CLE covers the basics of cell phone tracking technology, limitations on its accuracy, and strategies for cross-examining cell phone experts. It also includes a section on the legality of law enforcement searches of cell phones and strategies to keep information private. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

9. Legal Writing in Criminal Law
This program contains presentations from Robert Mark Russel of the Office of the United States Attorney on Efficient Writing, Honorable Raymond P. Moore of the United States District Court for the District of Colorado on Legal Writing and Motions Practice in Criminal Cases at the Trial Court Level, Honorable Steven L. Bernard of the Colorado Court of Appeals on “Top Ten” Observations About Legal Writing in Criminal Law Cases, Norman R. Mueller of Haddon, Morgan and Foreman, P.C., on Ethics and Legal Writing in Criminal Law Cases, Exploring Efficiency from the Perspective of Both the Reader and the Writer, Motions Practice at the Trial Court Level, and “Top Ten” Observations About Legal Writing in Criminal Law Cases. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 5 general credits, including 1 ethics credit.

8. Felony DUI: The Law and Penalties
Learn the ins and outs of Colorado’s new felony DUI law, which creates a class four felony for a forth offense and also creates new sentencing schemes and alternatives for multiple offenders. Colorado recently became the 47th state to have a felony DUI charge for multiple offenders. Not only does the new law create a felony offense for fourth offenses, but it redefines the sentencing criteria for multiple offenders and gives courts more options for punishment and rehabilitation. Learn about the intricacies of the new law as well as a general DUI law update from one of Colorado’s top criminal and DUI defense attorneys, Jay Tiftickjian. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

7. The NEW Criminal Jury Instructions AND Criminal Law Motions Practice: Criminal Law Spring Update 2015
On September 3, 2014, the Colorado Supreme Court announced the release of new Model Criminal Jury Instructions. The Colorado Supreme Court Model Criminal Jury Instructions Committee developed the new model instructions since its official creation in October 2011, and intends to keep the instructions up to date by issuing periodic supplements or new editions. The entire first half of the Spring Update is devoted to the new instructions. Not only will you hear from the Reporter of Model Criminal Jury Instructions Committee, but you’ll also hear a panel presentation on how the new instructions are working. Knowing how to craft a persuasive pretrial motion is essential to your criminal law practice, whether you sit on the prosecution or defense side of the aisle. The second half is be devoted to persuasive motions practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

6. Search & Seizure Law in Colorado: Update and Overview
Not one word of the Fourth Amendment has changed in over 200 years, but search and seizure law is constantly evolving, as new cases are added to the Fourth Amendment mosaic. Staying current on the latest developments in this area of the law can be difficult and overwhelming. This half-day seminar will give practitioners an overview of search and seizure law, while highlighting the latest decisions from the U.S. Supreme Court and Colorado appellate courts. It is designed to be useful for both experienced criminal law experts, as well as new practitioners. Each homestudy order receives a PDF copy of the CBA-CLE book, Search & Seizure Law in Colorado, as part of the course materials for this program. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

5. DUI Basics: A Nuts-and-Bolts Approach
This program is geared for anyone who practices DUI defense. It is a “nuts-and-bolts” approach with a strong emphasis on defending drug-related DUI cases. The information provided will assist attorneys who have never litigated a DUI case before, as well as the most seasoned DUI defenders. With faculty members who are considered some of the best litigators in the DUI criminal bar, as well as county court judges who can explain the intricacies of DUI and sobriety court, this seminar is certain to give you the tools to succeed when representing a client facing a driving under the influence of alcohol or drugs charge. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

4. Restorative Justice
Restorative justice laws have been on the books in Colorado for over a decade. Learn what they are, what restorative justice IS and IS NOT, and how restorative justice practices can serve you and your clients. Restorative Justice Council Members Judge Martin Gonzales, Assistant District Attorney Robert Miller (19th JD) and Public Defender Elizabeth Porter-Merrill (Appellate Courts CO) join Colorado’s Restorative Justice Coordinator, Deb Witzel to dispel myths and answer your questions. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

3. Juvenile Jurisprudence: Criminal Law Fall Update 2016
Join Colorado Supreme Court Justice Brian Boatright as he shares United States Supreme Court jurisprudence on juvenile law with you. Then renowned expert Mark Evans will discuss collateral consequences of a conviction in a juvenile case. Next, Dr. Birgit Fisher will lead a fascinating talk on how the risk-need-responsivity model has been used with increasing success to assess and rehabilitate offenders. Get insight on juvenile transfer hearings, as well as sentencing challenges and the unique ethical challenges in juvenile delinquency cases. Your day will end with a panel presentation of young people who will share their experiences about the juvenile detention system in Colorado, including the legal ramifications. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

2. DUI and DUID: Advanced Practice
Do you represent clients facing driving under the influence of alcohol or drugs charges? This program will assist seasoned DUI and DUID defenders to better represent their clients. It will also provide those of you who want to defend, or who have been asked to defend, DUI or DUID cases, with important knowledge as well as an update on major issues impacting those cases. The typical, and not so typical, nuances and skills in defending alcohol and drug-related DUI cases, will also be addressed by your faculty of experts. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

1. The Art and Science of Jury Selection: Criminal Law Spring Update 2016
The right to trial by jury in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution, as well as the laws of every state. “Voir dire,” is Latin for “to speak the truth.” In voir dire, the judge and attorneys for both sides ask potential jurors questions to determine if they are competent and suitable to serve in the case. Most attorneys would agree there is both a science and an art to voir dire, and that your case can either be won or lost at this stage. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

Top Ten Programs and Homestudies of 2016: Employment Law and Workers’ Compensation

The year is drawing to a close, which means that the compliance period is ending for a third of Colorado’s attorneys. Still missing some credits? Don’t worry, CBA-CLE has got you covered.

Today we are featuring the Top Ten Programs and Homestudies in Employment Law and Workers’ Compensation. In addition to this sampling of programs and homestudies, CBA-CLE offers several other great books and programs for both employment law and workers’ compensation.

10. Non-compete Agreements, Confidentiality Agreements, and Other Restrictions on Employee Competition
When and how should restrictive covenants like non-compete agreements be used? Can they be enforced? How broad can they be? Should the employer try to enforce them? Is a non-solicit agreement subject to the same rules? Can you sue the new employer? Is there any way to protect the company from “raiding?’ Can I hire a person who has signed a non-compete? Can employees prepare to compete while they are still on my payroll? Are employees free to do what they want after they leave if they do not have a non-compete? Are customer lists trade secrets? Why do I need more than a confidentiality agreement? When is injunctive relief likely to be granted or rejected? What can I expect in non-compete trade secret litigation? These and many other questions are explored in this practical program for all those who draft, enforce or seek to avoid restrictive employment covenants. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits.

9. Workplace Discrimination
Join the debate Between the ACLU and Focus on the Family on the Intersection of Religious Freedom and Workplace Anti-Discrimination Laws; Federal Court Judge Christine Arguello WIll Moderate a Panel of State Court Judges from across Colorado Who Will Answer Your Questions Concerning How Individual Districts are Preparing for the Potential Increase of Employment Discrimination Case Filings; Be a Fly on the Wall: Find out What Goes on in the Other Room During a Mediation Moderated by Honorable Michael Hegarty, Magistrate Judge, United States District Court for the District of Colorado; and much more. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

8. Workers’ Compensation Basics: Learn How the System Works
Workers’ compensation is a highly specialized area of the law. It is full of detail and nuance that you have to be aware of if you want to be successful. If you would like to add this area to your practice, register for this program today, so you can lay the groundwork on foundational concepts like medical benefits, indemnity and compensability. Additionally, two judges’ panels and essential ethics rules in workers’ compensation arena are included. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

7. Workers’ Compensation Fall Update 2016
If you practice workers’ compensation law in Colorado, the CBA-CLE Workers’ Compensation Fall Update is the place to be. Register now so you can get the latest information from the Division and the Office of Administrative Courts. Get a thorough understanding of joint replacements, the DIME process, and unemployment insurance in the workers’ compensation context. Get the inside track on the Division’s website, and a tour of Medicaid in the workers’ compensation world. Finally, get a clear understanding of your ethical role when it comes to IMEs. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

6. Whistleblower Litigation, Discrimination, and the First Amendment: Employment Law Fall Update
Is sworn testimony outside of one’s ordinary job duties entitled to First Amendment protection? The United States Supreme Court decided this and related issues in Lane v. Franks, and the case will be discussed at the Fall Program. Federal and state whistleblower litigation has been in the headlines. Not only will a judge from the Merit Systems Protection Board be speaking on The Federal Whistleblower Protection Act, but a national panel will be gathered to discuss what employment lawyers need to know about state law qui tam claims. Also, as the American work force ages, never has the issue of age discrimination been more important. Get the most up-to-date information on the ADEA, and hear discussion on a changed discrimination doctrine for our changed social paradigm. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits.

5. The Amended Colorado Anti-Discrimination Act: Best Practices for Small Employers
The Colorado Anti-Discrimination Act (“CADA”) was recently amended to provide enhanced remedies for employees who experience discrimination. Unlike the federal anti-discrimination laws, CADA applies to employers of all sizes, including your firm. Do you know how to prevent and address complaints of discrimination within your firm? This program covers the scope of CADA including the administrative exhaustion process; defenses; and damages, and review best practices for all employers, both to prevent and address claims, including a discussion of real-life examples. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

4. Key Strategies for your Practice: Employment Law Fall Update
Your day begins with TWO tracks! One for attorneys who are new to the area of labor and employment, and one track if you have some experience under your belt. For the New Lawyer’s Track, learn what employment law state and federal statutes are key to your labor and employment law practice from two of the most experienced law professors in the State. Then enjoy a “how-to” workshop on client intake, complete with a YouTube video! On the Advanced Track, get up to speed on the aspects of representing clients in the marijuana industry: the ethics, the payroll, and other employment-related challenges. Finish the morning on the Advanced Track by discovering the nuances in the use of electronic evidence in an employment law case. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

3. Hot Topics in Employment Litigation: Managing High-profile Cases, Implicit Bias, and Other Issues
The practice of law has never been busier. Listen to Jay Tiftickjian’s insights to get some sanity from the myriad of demands that practicing law makes on us. One of these many demands is implicit bias in the courtroom and on your juries. Join the discussion on how to overcome these prejudices in your employment law cases. A highlight of the day will be the panel presentation on managing high-profile cases in the press! Join reporters from all of the major networks, who will give you the information you need to have when you get a case that’s in the news. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 2 ethics credits.

2. Staying Ahead of the Changes: Workers’ Compensation Spring Update 2016
The Planning Committee has been bringing you incomparable CLE programs, and the 2016 Spring Update does not disappoint. As always, get an up-to-the-minute Case Law Update. There is always something new to know about Medicare Set-Asides, so this topic is included on the agenda. Have you ever wondered why the Division of Workers’ Compensation does certain things? Get a glimpse behind the curtain! Then tune in for changes to Rule 9 from the perspectives of the claimant, the respondents and the bench. The all-important medical topic for the Spring Update is about the changes to the upper and lower extremity medical treatment guidelines. Finally, the head of the Office of Attorney Regulation talks about a possible new model of self-regulation in Colorado. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

1. Proactively Prepare for What Lies Ahead: Employment Law Conference 2016
Whether you practice from the plaintiff or defense perspective… Are a solo practitioner or are a member of a large firm… Whether you are new to employment law or a seasoned professional… Choose the Litigation Track, the Counseling Track, or a combination of the two… Your experienced and knowledgeable faculty will give you balanced and comprehensive reviews of cutting-edge topics, regulations, and the most recent cases for you and your clients. Order the CD homestudy here and the MP3 here. Available for 17 general credits, including 1 ethics credit.