August 23, 2017

Top Ten Programs and Homestudies of 2016: Family 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 Family Law Programs and Homestudies of 2016. In addition to the programs and homestudies listed below, CBA-CLE offers multiple great books for family law practitioners, and there are many other great programs and homestudies as well. Find out more here – cle.cobar.org/Practice-Area/Family. And now, for our Top Ten Family Law Programs and Homestudies.

10. Confluence of Family Law and Bankruptcy
It is not unusual for family law clients to also be going through bankruptcy. This program explores the intersection of family law and bankruptcy law. It explains bankruptcy law and the interplay with family law. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

9. The Difficult Client: Annual Advanced Family Law Institute 2014
The directive for the majority of the speakers on this program was to address the problems faced by a lawyer who is (by choice or by chance) representing a difficult client without falling back on the discussions of how to avoid such clients in the future or withdraw from their cases. Professionals who believe they have succeeded in eliminating difficult clients from their practice will also want to attend this program. For every lawyer representing a difficult client there is a lawyer on the other side of the case whose representation is also more challenging as a result and there are experts and judicial officers who are also impacted. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 1.1 ethics credit.

8. Civility, Cultural Competence, and Controversy: Family Law Fall Update 2015
Cultural competence refers to an ability to interact effectively with people of different cultures and socio-economic backgrounds. Get the LGBT and other perspectives and learn about effectively representing families from different cultures and nationalities. Have you ever handled a military divorce? Get an overview of how to handle a military divorce, as well as an update on recent changes in the law. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 1 ethics credit.

7. Unbundled Representation in Family Law Cases
When an attorney provides unbundled legal services, he or she is providing the client only certain components of the full bundle of services during the course of the representation. In most traditional attorney-client relationships, the attorney and client contract for the full bundle of legal services. Unbundled legal services afford the attorney and client the flexibility of addressing the client’s legal needs and financial limitations by contracting for something less than the full bundle of legal services. Unbundled legal services provide another avenue for citizens to gain access to justice to resolve their disputes. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits, including 1 ethics credit.

6. Counselor’s Focus on the Child, Client, and the Court: Family Law Spring Update 2016
Your Program Co-Chairs, Steve Epstein and Bill King, have done it again: they have put together a Family Law Spring Update that you simply cannot miss! Whether you attend for the Case Law or Legislative Update, or whether you register to hear about fee collection or to get the many ethics credits offered, here is your chance to stay up to date on all the latest developments in Colorado family law matters. There will also be topics on special needs children, neurobiology, accounting and tax issues for the non-accountant, and an opportunity to ask Judges your most pressing questions. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 2.6 ethics credits.

5. Continuing Issues in Family Law
Start your day with The Ethics Game Show! Test your knowledge of our Rules of Professional Conduct. Then get a refresher on the interplay of issues between criminal and family law Cases, including the 5th Amendment, among others. Next, we have all learned never to ask a question in trial to which we don’t know the answer. With all respect to Professor Younger, you’ll hear a different approach: how to ask cross examination questions you don’t know the answers to. Over lunch, learn the critical differences between a Title 14 paternity action, and a Title 19 allocation of parental responsibilities action. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1.6 ethics credits.

4. Evidence: Getting Beyond He Said/She Said
Evidence in family law and protection order cases is often reduced to “He said/She said.”  This seminar explores evidence, such as digital evidence, child hearsay, and evidence of power and control. But evidence is not helpful, if your client is unable to assist in the case because of trauma. A practicing lawyer explains how to deal with the client who is traumatized and how to keep that client engaged in their case. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

3. Annual Advanced Family Law Conference 2016
Each year, CBA-CLE presents an Advanced Family Law Conference. The 2016 conference contained interesting discussions regarding guardians ad litem and the intersection of Title 15 with family law cases, whether consideration of the best interest standard constitutes representation of children, defining competency from a psychologist’s point of view, the family law practitioner’s guide to social security benefits, and a tax law update for family law practitioners. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

2. Family Law Basic Skills 2016
Why should you attend Family Law Basic Skills? Because nowhere else will you get the comprehensive toolkit you need to take on family law cases. In two days, some of the most experienced and knowledgeable family law practitioners and experts in Colorado will gather to bring you every step you need to handle a family law case from start to finish. Don’t miss your chance to build a foundation upon which you will build your successful family law practice! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 17 general credits, including 2 ethics credits.

1. Annual Family Law Institute
Each year, CBA-CLE spends a weekend in the mountains with Colorado’s family law practitioners at the annual Family Law Institute. This live-only program provides comprehensive discussions of family law practice. The 2016 Institute offered such topics as Vicarious Trauma and Being Trauma-Resistant, Intake and Triage Assessment, CFI vs. PRE: What’s the Difference and What Do I Need – When Do I Need It?, the Indian Child Welfare Act, Income Issues on Support and Maintenance, and more. Save the date! The 2017 Annual Family Law Institute will take place August 18-20, 2016, at the Vail Marriott Resort & Spa. Find out more information at FamilyLawInstitute.org.

Top Ten Programs and Homestudies of 2016: Litigation

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 Litigation Programs and Homestudies. Litigation encompasses several practice areas, including commercial litigation, tort/insurance, civil litigation, and more, but some things are common to all trial attorneys. CBA-CLE offers many great programs for litigators, and our litigation library contains both helpful treatises and reference guides. Find the program, homestudy, or book you need at cle.cobar.org/Books/Litigation.

And now, for the Top Ten Litigation Programs and Homestudies of 2016.

10. Expert Witness Introduction for Colorado Practitioners: Top 10 Tips
This CLE covers key basics of Colorado expert witness practice: who is an expert witness (CRE 702);  what are the requirements of being an expert (CRE 702); when may an expert witness testify (CRE 702); what are the discovery requirements applicable to expert witnesses (CRCP 26(a)(2)(B); what is the timing for required disclosure of expert witnesses (CRCP 26(a)(2)(C) and the sanctions for failing to disclose expert witnesses properly and timely (CRCP 37(c)(1))? This CLE will be based on Colorado law, but will present a comparison to federal law, and identify key federal cases under analogous Rules where Colorado law is absent. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

9. Making Your Record: The Why, When, and How of Appellate Advocacy in Trial Court
Learn how to “make your record” in state and federal court to preserve your issue on appeal in the Pre-trial, Trial, and Post Trial phases. Attorney Kendra Beckwith will cover Pleadings, Pre-Trial Motions, Discovery Disputes, Trial Objections and Motions, Jury Instructions and Verdict Forms, Post-Trial Motions, and Notice of Appeal. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

8. Deposition Practice: Nuts and Bolts
You will leave this half-day program immediately prepared to plan and implement more effective depositions. This is a skills building program that covers every aspect of the deposition process, filled with tips on questions that will draw out information, obtain admissions, support motion practice and set up successful cross examination at trial. You will also learn how to prepare your witness to be deposed, conveying information truthfully while avoiding manipulation. Your seasoned presenter and litigator has extensive knowledge and experience, and will provide you with invaluable pointers and information. Trial lawyers of all experience levels will pick up tips, ideas, and insights. This program is about the art as well as the science of discovery practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

7. Direct & Cross Examination and Opening & Closing: Top To-Dos
You know from many a sleepless night and anxious day that your examinations of witnesses, and your openings and closings at trial must be independently effective and collectively coordinate as part of a winning strategy. The best part is that you don’t have to change your style and personality to develop the skills to become more effective in court! This program will be full of tips, methods and suggestions about how to build immediately on your abilities as a litigator to be that much more effective and persuasive right now in your trial practice. This program will help you be a better trial lawyer now and set you on the path to be an even better lawyer as you continue to work on what you will learn in this program. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

6. New Technology for Evidence Preservation: Drones, Black Boxes, and More
Drones, computers in vehicles, and Event Data Recorders (EDRs) have evolved in popularity and sophistication. This program will focus on data to be collected and preserved following an accident, including physical data, electronic data, and photographs. In addition, there will be a review of some of the ethical issues involved including the use of investigators, data collected, and privacy issues.  Relevant Case law and the Colorado Rules of Professional Conduct will be referenced. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

5. Courtroom Technology & Voir Dire
If you are a litigator, you are always looking for ways to gain the edge in the courtroom: with the judge, with the jury, and with opposing counsel. From pre-trial discovery and depositions through jury instructions and closing argument, every step is vital to winning your case. Watch this half-day homestudy on courtroom technology and voir dire that will give you the edge in your next case. Find out the latest in courtroom technology, voir dire tips, and hear the fascinating case study of the voir dire in the Oklahoma City bombing case! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

4. Preparing the Case for Trial: Motions, Mock Trials, and Motions In Limine
This program explains the benefits of mock trials, including how to prepare for a mock trial and what you will learn; motions practice and oral advocacy, including organization and presentation of arguments, how to interact with the judge, how to handle questions, and how to effectively implement oral persuasion skills; and Schreck challenges and motions in limine, including laying the foundation for admission or striking of expert testimony, the different standards for Schreck challenges and Daubert motions, and how to make effective motions in limine. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

3. E-Discovery 2016
Law and technology intersect on a continuing – and accelerating – basis.  Attorneys in all areas of practice must become familiar with new electronic devices and the media through which they and their clients communicate and conduct business.  At the same time, existing state and federal rules that govern civil and criminal proceedings and the Rules of Professional Conduct must address technologies such as social media, webpages, and shared work places.  Electronic information impacts all aspects of an attorney’s practice, whether litigation, transactional, or otherwise. For example, electronically stored information affects all employers and information governance professionals.  This program is a must-attend for any attorney practicing today and tomorrow. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 1 ethics credit.

2. Collecting Judgments: Strategies for Success
This program presents a practical approach to maximizing your ability to collect judgments within the bounds of the law and ethics rules. Your expert faculty will guide you through the process and let you know the options that are available. They will tell you how, when, and why to select one strategy over another. In addition, you receive a primer on the Fair Debt Collections Practices Act and the perspective of the court. Learn the dos and don’ts of effective and ethical collections practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits and 1 ethics credit.

1. Winning at Trial 2016: Practical Pointers
This is your annual one day trial advocacy program presented by the Colorado Chapter of the American College of Trial Lawyers. Its distinguished faculty are highly experienced litigators and strategists who will share with you practical pointers for winning your clients’ cases. Topics include Jury Selection, Creating Trial Themes and Graphics, Taking Depositions, Opening Statement, Direct Examination, Cross Examination, and Social Media. Don’t Miss This Opportunity to Learn from Those Who Know Trial Law Inside and Out! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

Top Ten Programs and Homestudies of 2016: Real Estate 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, we are featuring the Top Ten Programs and Homestudies for Real Estate Law. There are many great programs offered in the Real Estate area, and CBA-CLE offers several informative books authored by some of Colorado’s preeminent real estate attorneys. Visit cle.cobar.org/Practice-Area/Real-Estate to find the real estate program, homestudy, or book you need.

There are many great programs and homestudies for real estate practitioners, but our top ten are as follows.

10. Landlord Tenant Law: What to Do When Vacancy Rates are Low and Rents are High
While the media focuses on higher rents, the truth is that as inventory in housing grows, more and more Landlords are offering concessions such as free month’s rent and $1000 gift card to offset rent for qualified renters willing to sign a 1 year lease. To stay competitive with amenities in Denver, landlords are adding putting greens, outdoor living areas, composting gardens, dog washes, dog runs, bike maintenance stations, yoga classes, gourmet kitchens, and specialty pools. So landlord and tenant attorneys need to be educated on the current “higher rent” market as well as the coming “overbuilt” market which will again change the dynamics of the housing market tremendously. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

9. Mineral Interests: Real Estate Fall Update 2015
Whether you practice in the area of mineral interests or not, if you are a real estate lawyer, you need to know about this area of the law. Although the focus of this program is not fracking, the issue has brought mineral interests to the forefront of the Rocky Mountain legal landscape, and fracking will certainly be a part of the day’s discussion. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

8. Anatomy of a Residential Real Estate Transaction: Know the New CFPB Regulations
Some of the most experienced real estate professionals in Colorado explain residential real estate practice – from offer and acceptance to closing. This is a course not only for the practitioner who is new to the area of real estate, but for anyone who needs to know about the new CFPB regulations. Whether you represent the buyer or seller, you need the right tools. The faculty takes you through common problems that need to be solved, including the appropriate forms, title policy issues, types of conveyance deeds, how to read and land survey … and more. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 1 ethics credit.

7. Anatomy of a Commercial Real Estate Transaction: Real Estate Spring Update 2015
When it comes to a commercial real estate transaction, there is a complex array of materials, forms and buyer/seller due diligence that you need to be aware of to properly and effectively represent the best interests of your clients. The knowledge base of a commercial real estate lawyer comes from many years of training and transaction experience, and involves a general understanding of technical matters. Whether it’s the areas of construction, zoning, environmental issues, leasing or site plan approval, if you’re going to be involved in a commercial real estate transaction, you’ll have to be aware of these many areas, along with the legal ones. The faculty members at the Real Estate Spring Update are the area experts for this myriad of issues in commercial real estate transactions. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

6. Foreclosure Law – All the Latest and Greatest
In 2011, Colorado had among the 10 highest foreclosure rates in the nation, according to a report from RealtyTrac Inc. Since then, rising home prices fueled by one of the strongest economies in the nation and low interest rates have caused foreclosures to wane in Colorado and the Denver area. Despite the improvement in Colorado’s economy, and the decrease in foreclosures, real estate lawyers and professionals still need to be aware of Colorado’s foreclosure process, because it is unique compared to other states, and foreclosure is always a consideration when representing clients. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

5. HOA Basics: Common Interest Communities
If your clients have purchased a condominium, townhouse or other type of property in a planned development or subdivision, chances are they are obligated to join that community’s homeowners’ association (HOA) and pay monthly or annual HOA fees for the upkeep of common areas and the building. If you represent, or are considering representing, clients who own these types of properties, there are many facets you should be aware of – how do homeowners’ associations work, and what are the rules and regulations if something goes wrong?  This seminar  provides not only an overview of common interest communities, but also the details of collection actions, covenant enforcement, transparency and governance, 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.

4. Advanced HOA Issues: Triple Crown, Developer Trifecta, & Changes on the Horizon
Your day will begin with a comprehensive case law and legislative update on the latest in HOA issues. Then you will hear some of the areas of CCIOA that have proven difficult or open to interpretation or are simply messier than some of us might prefer. Next, find out what strategies to use in the case of a stalled development: for example, when a property is foreclosed unfinished or unannexed. Learn what you need to know about Triple Crown, Vallagio and local construction defect ordinances. And that’s not all – learn the latest trends in document drafting in owner-controlled Associations: marijuana, emotional support animals, water/mold Issues, individual assessment, and more. Finally, what changes do the experts see on the horizon? Get the regulatory, developer, and Association perspectives on condominium conversions. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

3. 25 Cases Every Real Estate Lawyer Should Know – With Fred Skillern
From the obscure attorney disciplinary case (who would know?) that declares the law on the recording of attorney liens, to the well-publicized Lazy Dog Ranch case that revolutionized how we think about easement disputes (with the assistance of the new Restatement) … from statutory interpretation cases dealing with our common interest communities to cases in equity that at times seem to “rewrite” our statutes … our appellate courts have given us a healthy menu of cases on which real estate lawyers of all stripes can and should feast.  Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits.

2. Quiet Title Actions: The Basics Plus Selected Advanced Topics
An action to quiet title is brought to establish a party’s title to real property, thereby “quieting” any challenges to the title. When the cloud on the title is removed, the plaintiff is free of claims against the property. Experienced experts will walk you through the quiet title process. You will learn the mechanics of the quiet title lawsuit, and about the more advanced issues when handling a quiet title case. From service of process and identification of the parties, to the most successful strategies in defending a quiet title action, you will get what you need to best serve your clients. Each homestudy order receives a copy of the CLE book, Colorado Quiet Title Actions, 3rd Edition, as part of the course materials for this program. Please note the book will be provided in PDF. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits.

1. 34th Annual Real Estate Symposium
For the past 33 years, the Real Estate Symposium has been established as an institution not to be missed by any real estate professional in the Rocky Mountain region. Join more than 400 of your friends and colleagues for this once-a-year opportunity to talk about the most important issues you face in your real estate practice today. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 16 general credits, including 3 ethics credits. SAVE THE DATE! The 35th Annual Real Estate Symposium will be held July 13 through 15, 2017, at the Vail Marriott Resort and Spa.

Top Ten Programs and Homestudies of 2016: Trust and Estate 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.

The Top Ten Programs and Homestudies for Trust and Estate practitioners are featured today on Legal Connection. There are many, many other great Trust and Estate programs, and CBA-CLE also offers a wide array of great books for Trust and Estate practitioners. Visit cle.cobar.org/Practice-Area/Trust-and-Estate to peruse our selection of books and programs. And now, without further ado, here are the Top Ten Programs and Homestudies for Trust and Estate Lawyers.

10. Advanced Estate Administration: Complexities Explained
When are third party payors liable for distributions made to fiduciaries? How do you file a portability tax return? Will your malpractice insurance cover you if there is a tort claim for breach of fiduciary duty? Get answers to these complex questions and more from this Advanced Estate Administration homestudy! Also get tips on locating and collecting digital assets in our digital world. Also included: uncertainty regarding the legal test for capacity in Colorado, and ethics on conflicts of interest issues that arise in estate administration. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

9. Decanting, Digital Assets Act, and the Determination of Heirship Act — Trust & Estate Fall Update 2016
The name of the game for the program is NEW, NEW NEW! Attend to find out everything you need to know about the new decanting rules, the new determination of heirship statute, Colorado’s new Fiduciary Access to Digital Assets Act, and IRS Form 8971 and the new basis consistency rules. There will also be a discussion about the recent ATF regulation changes in the transference of firearms. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits.

8. Counseling Trustees on their Duties
This program defines “fiduciary,” including trustees, personal representatives, agents under powers of attorney, and others; explains the basic statutes, principles, and requirements of fiduciary administration; explains who can and cannot serve as a fiduciary; and provides an in-depth discussion of a trustee’s duties. Order the Video OnDemand here and the MP3 here. Available for 4 general credits.

7. Understanding Benefits — Trust & Estate Fall Update 2015
The Trust and Estate Fall Update is your guide for understanding benefits in its many forms for the estate planning practitioner.  Get the latest information on the available resources for long term placement in nursing homes, as well as the ethics of privity in estate planning. Whether it’s Medicaid, Medicare, Social Security or the Veteran’s Administration, this CLE has it all. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 6 general credits, including 1 ethics credit.

6. 30 Cases Every Trust & Estate Lawyer Should Know
What are the cases you thought of when you read the title of this program? Spencer Crona dives into the cases that every trust and estate lawyer should know. He explains the holdings, and gives you analysis and key insights. Armed with this case list, you’ll never have to phone mother to say you won’t be a lawyer after all. Order the Video OnDemand here and the MP3 here. Available for 2 general credits.

5. Funding the Revocable Living Trust
The revocable living trust has been an important estate planning tool for those seeking to avoid probate and protect their privacy. The effectiveness of this strategy depends largely on proper funding of assets, without which the primary purpose of utilizing a revocable living trust rather than the traditional will, is defeated. Each type of asset owned by the client will have different challenges in preparing for transfer to the trust. Mr. Schmidt  reviews the issues encountered for the most commonly encountered types of transfers. You’ll also receive a PDF copy of the CBA-CLE book, Funding the Revocable Living Trust, authored by L. William Schmidt, Jr. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

4. No Contest Clauses — Current Perspectives on Estate Planning and Litigation
With the rise in post-mortem estate planning and the increasing ability to modify estate planning documents after death, clients are becoming more and more unsure of the finality of their estate planning. As a result, practitioners are experiencing an increase in the use and enforcement of in terrorem or “no contest clauses.” Similar to most states, Colorado law has long provided for the enforceability of no contest clauses subject to a probable cause exception. Taking into account the public policy considerations, risk analyses, and increasingly litigious nature of estate and trust beneficiaries, estate planning attorneys and probate litigators alike can benefit from learning more about no contest clauses and how they play out under Colorado law. Order the Video OnDemand here and the MP3 here. Available for 1 general credit.

3. Understanding and Using Trusts — A Nine Program Series
This series consists of nine programs, each dedicated to a key area of trust law. The expert members of the faculty will explain the purposes, mechanisms and key clauses included in a wide variety of trusts typical for a Colorado trust and estate practice. They will explain the client needs that each trust addresses and how each type of trust meets those needs. The faculty will also point out common errors that practitioners sometimes make when working with these trusts. Other important issues that concern trusts, such as taxation, ethics, liability, and malpractice will also be covered. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Entire series available for 36 general credits.

2. Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration
Through this course and his comprehensive treatise, Mr. Wade provides a thorough commentary on the law of wills, trusts, and fiduciary administration, focusing on leading Colorado cases, the probate code, and related fiduciary statutes. Each homestudy order receives a copy of the CBA-CLE book Wade/Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, 7th Edition, as part of the course materials for this program. Please note the book will be provided in PDF. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits, including 1 ethics credit.

1. 36th Annual Estate Planning Retreat
This annual three-day conference is a can’t-miss event for trust and estate practitioners. A wide range of topics are discussed each year. Last summer’s event covered such topics as “Advising Clients on the Mandatory Reporting of Abuse,” “Just Say No! Don’t Leave Your Client with Outdated Discretionary Distribution Language,” “Insurance Coverage Issues in Estate, Trust, and Fiduciary Litigation,” and much more. Although the event is live-only, planning is well underway for the 2017 program. Save the date! The 37th Annual Estate Planning Retreat will take place from June 8-10, 2017, at the Vail Marriott Resort & Spa. Look for registration information at EstatePlanningRetreat.org.

Top Ten Programs and Homestudies of 2016: Business 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 we are featuring the Top Ten Business Law Programs and Homestudies of 2016. These programs represent only a sampling of the wide array of business law programs and homestudies available; visit www.cba-cle.org/Practice-Area/Business to see a great selection of business-related books and programs.

10. M&A World in 15 & 2016: What Did Your CO Investment Bankers See in 15 & What Do They Expect in 2016
Investment bankers from five of Denver’s investment banking firms discussed their thoughts on what they expected to see in the M&A world in 2015, what they actually saw in 2015 and what they expected to see in 2016. The panel will provide their insights on the M&A market, trends in structuring and negotiating M&A transactions, legal issues arising in M&A transactions, particular trends in the Colorado M&A market, and their expectations going forward in 2016. Watch this  Video OnDemand homestudy (or listen to the MP3 audio homestudy) to find out if the investment bankers’ predictions were correct. Available for 2 general credits.

9. How to Understand and Analyze Financial Statements: What Lawyers Need to Know
Complex financial issues are involved in nearly every area of law, and it is your responsibility to master the skills and knowledge necessary to handle those issues effectively. This detailed program provides you with the financial literacy required to protect yourself and your clients by guiding you through an understanding of accounting concepts, terminology, and financial statements. Beginning with an examination of Generally Accepted Accounting Principles and continuing with an overview of an actual financial statement, you will gain hands-on-experience from Doug Smith, one of the nation’s leading experts in the field. Order the Video OnDemand here, the CD homestudy here, or the MP3 here. Available for 6 general credits.

8. Business Document Drafting Series: Drafting Compensation and Other Employment Agreements
Learn about the various agreements employers enter into with their current and former employees. Learn about the mechanics of these agreements, the legal parameters that apply to these agreements, how employers use these agreements to protect intellectual property and retain key employees, and the challenges posed by M&A activities. Our experienced practitioner will also teach about the important provisions in executive compensation agreements, including change in control provisions, non-competition and other restrictive covenants, and separation agreements. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 2 general credits.

7. Business Document Drafting Series: Drafting LLC and Partnership Agreements
This program provides an overview of the primary drafting considerations in both LLC and partnership agreements. Learn about the key provisions and issues in drafting the LLC operating agreement as well as how to prepare the Articles of Organization. Also, learn about the most important drafting issues for a partnership, such as capital and partnership interests, profit, loss, cash flow, management and dissolution. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 2 general credits.

6. Business Contracts — The Fundamentals
Drafting contracts is the bread and butter of business law attorneys. In this program, twelve Moye White attorneys discussed various aspects of contract drafting, from compliance with state and federal securities laws to sponsorship agreements and sweepstakes events to mergers and acquisitions. As a bonus, the ePDF of CBA-CLE’s book, Business Contracts, is provided with every homestudy. Order the Video OnDemand here, the CD homestudy here, or the MP3 here. Available for 6 general credits.

5. Business Document Drafting Series: Boilerplate and Drafting Business Documents
This program provides practical advice on the perils of boilerplate in document drafting. Hear specific examples of drafting issues when you use forms. Learn the importance of keeping provisions current with case law, and knowing the definition of terms you use in your agreements. Better understand the value of silence, ambiguity, and knowing for whom you are drafting provisions. Know when to avoid “overdrafting.” Learn from a practitioner with a wealth of experience in preparing the many, many different documents required of a business lawyer. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 2 general credits.

4. Advising Entrepreneurs
Whether you are new to the business law arena, expanding your practice, or simply need a refresher to get up to date on advising entrepreneurs, this homestudy provides current and expert guidance on the issues, questions, and documents you will most likely encounter when representing the entrepreneur.  Develop and fine tune the lawyering skills needed to better advise entrepreneurs and start-up companies. Order the Video OnDemand here, the CD homestudy here, or the MP3 here. Available for 6 general credits, including 1 ethics credit.

3. Business Document Drafting Series: Drafting IP Licenses, InfoTechnology Contracts, and Related Documents
Businesses are focusing more and more on their intellectual property assets, and license agreements are used both to protect those assets and to leverage those assets as a source of revenue. You don’t have to be an intellectual property specialist to benefit from a fundamental understanding of how and why licenses for software, trademarks, copyrights, patents and other types of intellectual property are created. In addition, software and information technology services are increasingly a part of every type of business, so it is important to understand the company’s rights with respect to IT services and software that it receives from third parties. Learn the basics of drafting and reviewing these documents in this information-packed program! Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 2 general credits.

2. Limited Liability Companies in Colorado
The limited liability company (LLC) has been a very popular choice of entity for many types of business since the Internal Revenue Service adopted the “check-the-box” regulations in December 1996. Because of the combination of limited liability for all owners of the LLC, pass-through tax treatment, and ease and flexibility in customizing the relationships between the owners, the LLC is seen by many as providing the best of all worlds. Of course, there are specific disadvantages to using an LLC, and the specific facts of each matter must be analyzed before making a decision to move forward with organizing an LLC. Each homestudy order receives a copy of the CBA-CLE book, Limited Liability Companies and Partnerships in Colorado, First Edition as part of the course materials for this program. Please note the book will be provided in PDF. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 8 general credits, including 1 ethics credit.

1. Annual Institute on Advising Nonprofit Organizations in Colorado/A Primer on Advising Nonprofits
This annual program provides a comprehensive overview of issues related to advising nonprofit organizations. Although it is not available as a homestudy, the live program is worth attending every year. Visit ColoradoBusinessLawInstitute.org for more information and registration information for the 2017 program.

Jury Selection in a High-Profile Death Penalty Case

On April 19, 1995, a Ryder truck filled with explosives parked outside the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, and detonated. The blast damaged 324 buildings in a 16-block radius, 168 people were killed in the attack, and 680 were injured. Many of the deceased were children; an “America’s Kids” child care center was inside the federal building, and 15 of the 21 infants and children at the child care center were killed.

Approximately 80 minutes after the attack, Timothy McVeigh was pulled over for a missing registration tag on his 1970s yellow Mercury. When the officer stopped McVeigh’s vehicle, McVeigh got out of the car and the officer could see the outline of a gun under his jacket. McVeigh admitted he had the weapon and it was loaded, and the trooper arrested him and booked him into jail. Within days of the attack, the Ryder truck was linked to McVeigh and his friend Terry Nichols, McVeigh’s Army buddy.

McVeigh and Nichols were charged with eleven counts: (1) conspiracy to use a weapon of mass destruction; (2) use of a weapon of mass destruction; (3) destruction by explosive related to the Murrah building; and (4) through (11) first degree murder, for the deaths of seven federal law enforcement officers who died in the Murrah building. McVeigh and Nichols were tried separately.

Both defendants moved to disqualify the federal judge presiding over the case. Only Nichols appealed for mandamus from the denial; the Tenth Circuit found that because the judge’s own chambers were destroyed in the blast, it would be difficult for the judge to be fair and impartial. Venue was moved in Nichols’ case to Colorado.

N. Reid Neureiter represented Nichols in his death penalty case. He faced many difficult issues in jury selection and during trial. On Wednesday, December 21, 2016, he will discuss the case and the voir dire issues as part of a half-day program, “Courtroom Technology and Voir Dire.” To register, call (303) 860-0608 or click the links below.

 

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CLE Program: Courtroom Technology and Voir Dire

This CLE presentation will occur on December 21, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 9 a.m. to 12 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: CD • MP3Video OnDemand.

Ethical Issues for Lawyers Serving on Nonprofit Boards

nonprofitLawyers are invited to join the boards of nonprofit corporations for a variety of reasons, the best of which relate to the judgment and analytical and communication skills lawyers may bring to bear. Service on nonprofit boards, however, often presents lawyers with irresistible opportunities to their exercise their legal training, with potential ethical implications.

One of the primary ethical concerns for attorneys serving on nonprofit boards is whether the attorney is perceived as representing the organization or actually represents the organization. Lawyers serving on nonprofit boards must take care to avoid establishing an accidental attorney-client relationship. If a lawyer does not want to enter into an accidental attorney-client relationship, he or she would be wise to make it clear from the beginning of his or her service, perhaps in writing, that there is no attorney-client relationship. Similarly, attorneys serving on nonprofit boards should emphasize their roles to the other board members.

Conflicts of interest are another ethical pitfall for attorneys serving on nonprofit boards. The lawyer’s independent professional judgment may be compromised by his or her obligation to respect the conduct of the organization regardless of whether that conduct complies with the Colorado Rules of Professional Conduct. There is also the potential for conflict between the organization and the attorney’s law firm.

Although serving on boards of directors for nonprofit organizations presents unique ethical concerns, attorneys provide valuable contributions to boards. Good practices, such as clarifying the lawyer’s role before beginning board service or refraining from voting on issues involving the lawyer’s firm, can help avoid ethical dilemmas.

Ericka Houck Englert, Of Counsel at Davis Graham & Stubbs, will present a one-hour lunch program on December 20, 2016, to discuss ethics for attorneys sitting on nonprofit boards. Register by calling (303) 860-0608, or click the links below.

 

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CLE Program: Ethical Issues for Attorneys Serving on Nonprofit Boards

This CLE presentation will occur on December 20, 2016, 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.

When Your Client’s Kid Needs Help: Juvenile Criminal Justice for Every Attorney

pow6qw4fks1i955Every lawyer has had the experience of their client asking questions about an area of law in which they don’t practice. A tax lawyer may field questions about her client’s DUI matter. An immigration attorney may receive a question from his client about preparing an estate plan. A domestic relations attorney may hear questions about her client’s business. Regardless of an attorney’s area of expertise, clients will ask legal questions and expect informed answers.

So what do you do when your client tells you his kid might be in trouble with the law? Because few matters are more important to a parent than the well-being of his or her child, knowing what to say and when to recommend that your client seek a juvenile defense attorney is vital.

From the legalization of marijuana in Colorado to the perils of social media, kids live in a different world than a generation ago. These days, it seems there are more and more ways for kids to find themselves in trouble with the law, not because of criminal intent, but because the children or their families do not understand what behavior the law criminalizes. The pitfalls kids face in the criminal system and school disciplinary settings can be extraordinary, and the consequences can be far-reaching—even lifelong.

In seeking to protect the client’s children from lifelong consequences, it is imperative and ethically required for an attorney to fully understand the laws applicable to the matter, or to find someone who specializes in juvenile law to provide guidance. The Criminal Code and Children’s Code are complex, and children are frequently treated differently than adults in regard to criminal matters.

On Monday, December 12, 2016, attorney Lara Marks Baker will deliver a one-hour breakfast presentation on guiding your client through juvenile criminal justice issues. This program is a great way to learn about what to do when your clients need help with their kids. Lara will highlight the federal and state laws which are frequently implicated in matters of juvenile justice, and when to signal a client that criminal or disciplinary matters may be forthcoming. Register by calling (303) 860-0608 or by clicking the links below.

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CLE Program: When Your Client’s Kid Needs Help

This CLE presentation will occur on December 12, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 8:30 a.m. to 9:30 a.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.

Privileges and Confidentiality in the Attorney-Client Relationship

EthicsConfidentiality is one of the cornerstones of the attorney-client relationship. It allows clients to feel comfortable discussing sensitive issues with their attorney without fear of disclosure. Colorado Rule of Professional Conduct 1.6 provides, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted [in certain enumerated circumstances].” The counterpoint to this is the privilege that protects attorney-client communications. The attorney-client privilege in Colorado is governed by C.R.S. § 13-90-107(1)(b), which states, “An attorney shall not be examined without the consent of his client as to any communication made by the client to him or his advice given thereon in the course of professional employment.”

These seemingly straight-forward rules have many nuances, including the scope of confidentiality versus the attorney-client privilege, the lawyer’s responsibility to reveal information to prevent a client’s misconduct, the lawyer as witness, the lawyer’s duty to prevent the disclosure of client information, and the extension of the attorney-client privilege to others in the attorney’s office.

The Colorado Bar Association Ethics Committee has tackled some of these issues in Formal Opinion 108, “Inadvertent Disclosure of Privileged or Confidential Documents,” and Formal Opinion 90, “Preservation of Client Confidences in View of Modern Communications.” As this guidance suggests, attorneys must always be aware of when issues of privileges and confidentiality may arise in their practices.

At 8:30 am on Wednesday, December 14, 2016, attorney John Palmeri will discuss the intricacies of privileges and confidentiality in one-hour CLE program co-sponsored by the CBA Lawyers Professional Liability Committee. Attendees will also receive a copy of Mr. Palmeri’s chapter inLawyers’ Professional Liability in Colorado with further discussion of the topic. Register here or by clicking the links below.

 

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CLE Program: Privileges and Confidentiality

This CLE presentation will occur on December 14, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 8:30 to 9:30 a.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.

Candor to the Tribunal and the Duty of Confidentiality: How to Broach This Ethical Pitfall

qtq80-uSztbKRule 3.3 of the Colorado Rules of Professional Conduct provides that a lawyer shall not “make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer” or “fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.” But what exactly does this mean in the everyday practice of attorneys in Colorado?

Suppose the lawyer faces a client who intends to give false testimony or who refuses to correct a misstatement. What is material? May or must the lawyer withdraw from representation? Must the lawyer take further remedial measures? What must the lawyer do in an ex parte situation? In sum, how must the lawyer balance his or her duties to the client (particularly the attorney-client privilege) and the tribunal?

The Colorado Bar Association Ethics Committee addressed these questions in Formal Opinion 123, “Candor to the Tribunal and Remedial Issues in Civil Proceedings.” Opinion 123 requires the attorney to first remonstrate with the client. If that is unsuccessful, the attorney may be required to withdraw from representation. As a final measure, the attorney may make disclosure to the tribunal under certain circumstances. However, “the disclosure to remedy such a false statement must be limited to the extent reasonably necessary to achieve such ends and must be made in the manner that is the least harmful to the client while satisfying the commands of Colo. RPC 3.3.”

At noon on Tuesday, December 6, 2016, attorney Paul Gordon will delve into the intricacies involved with Colo. RPC 3.3 in a timely one-hour CLE. Mr. Gordon will bring his expertise in representing plaintiffs in malpractice claims against lawyers throughout the United States. Attendees will also receive a copy of Mr. Gordon’s chapter in Lawyers’ Professional Liability in Colorado with further discussion of the topic. Register here or by clicking the links below.

 

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CLE Program: Lawyers’ Duty of Candor to the Tribunal and Remedial Measures in Civil Actions and Proceedings

This CLE presentation will occur on December 6, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from noon 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.

When Your Client’s Kid Needs Help — Advising Clients Whose Children are in Trouble

On Thursday, November 17, 2016, the Colorado Court of Appeals issued its opinion in People in Interest in R.C. When R.C. was 14 years old, he took a picture of his friend, L.P., during class one day. R.C. used Snapchat to draw a picture of a penis ejaculating near L.P.’s face. R.C. showed the picture to L.P. and three other friends, giggling. One other friend laughed, but L.P. felt bad. The class ended and the boys went to lunch. In the cafeteria, R.C. showed the altered pic to a few more people. L.P.’s friends could tell he was upset and asked R.C. to apologize, which he tried to do, but L.P. pushed him away. After lunch, L.P. and his friends reported the incident to the school’s principal.

R.C. was charged with disorderly conduct, and, after a trial, the court found that R.C. had committed disorderly conduct and sentenced him to three months’ probation, therapy, and eight hours of work crew.

R.C. appealed, arguing the prosecution failed to prove every element of disorderly conduct and that his drawing was protected speech under the First Amendment, because only “fighting words” were banned and the altered photo did not qualify as “fighting words.” The Colorado Court of Appeals noted that “fighting words” are words that by their very utterance tend to provoke retaliatory conduct in others. The court remarked that the Colorado statute does not prohibit utterances or displays that inflict injury, but only those that tend to incite an immediate breach of the peace.

The court found that the cartoon-like drawing on the photo was not enough to constitute “fighting words.” The court noted that the district court had apparently found the picture to be “fighting words” because it implied that L.P. was gay, and disagreed with this reasoning. The court found no evidence that R.C. intended to imply L.P. was gay, and even if he did, the court remarked, “We disagree with the district court, and the dissent, that the suggestion of homosexuality or homosexual conduct is so shameful and humiliating that it should be expected to provoke a violent reaction from an ordinary person.” The court determined that the average person, even the average 14-year-old, would not be expected to fly into a violent rage by seeing a picture of himself with a penis drawn on it.

The court of appeals agreed with R.C. that his photo did not amount to fighting words, and therefore found that the government failed to prove an element of the offense. The court of appeals reversed the conviction.


It is no surprise that adolescents make bad decisions. Many 14-year-old boys have joked about their friends inappropriately. R.C. did just that. But for R.C., the bad decision had severe consequences. His immature and inappropriate decision to draw a picture of a penis ejaculating near his friend’s face caused him far more than a phone call home from the principal. He faced years of legal troubles. He was charged with a criminal offense, went to trial, and was convicted. Although his conviction was reversed on appeal, he spent many years fighting it.

R.C. could have been any kid who made an immature decision. R.C.’s parents could have been any of us. But what happens when R.C.’s parents happen to be your clients for a business transaction, or estate planning, or even for a domestic dispute? The parents, your clients, are naturally going to call you for advice.

All too often attorneys are contacted by a current client that has a kid accused of wrongdoing. Federal and state laws have increased the number of suspensions, expulsions, probation, and criminal allegations against high school and college students. Educate yourself about how the laws work in Colorado.

On December 12, Lara E. Baker of Foster Graham Milstein & Calisher, LLP will present a one-hour seminar, “When Your Client’s Kid Needs Help,” to discuss the pitfalls young students face in Colorado with attorneys who have routinely handled these kinds of matters. Learn how to guide these children to avoid mistakes that can have lifelong consequences.

  • Avoiding pitfalls in the juvenile justice system, focusing on the perils of social media
  • Drugs and alcohol
  • Sex and the laws of consent
  • School disciplinary consequences
  • Law enforcement interaction with juveniles

This is a program no parent can afford to miss. And if you represent parents of teenagers, you should attend, too. Register by calling (303) 860-0608 or clicking the links below.

 

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CLE Program: When Your Client’s Kid Needs Help

This CLE presentation will occur on December 12, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from 8:30 a.m. to 9:30 a.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.

Inadvertent Disclosure — Damage Control, Recipient Requirements, and More

EthicsInadvertent disclosure of privileged or confidential information is not a new problem for attorneys. However, email and the electronic age have widened the scope of inadvertent disclosure. What happens when you use your email’s auto-fill feature and accidentally fill opposing counsel’s name instead of your client’s? How about when you hit “Reply All” instead of only replying to one party, or when you reply instead of forwarding? These problems are the stuff of nightmares.

To address the problems created by inadvertent disclosure of privileged or confidential information, the Colorado Bar Association Ethics Committee created Formal Opinion 108, adopted on May 20, 2000. Formal Opinion 108 contemplates that a lawyer who receives documents (“receiving lawyer”) from an adverse party or an adverse party’s lawyer (“sending lawyer”) has an ethical duty to disclose the receipt of the privileged or confidential documents to the sending lawyer. If the receiving lawyer realizes the inadvertence of the disclosure before examining the documents, the receiving lawyer has a duty to not examine the documents and follow the sending lawyer’s directions regarding disposal or return of the documents.

In 2008, the Colorado Supreme Court repealed and reenacted the Colorado Rules of Professional Conduct. Rule 4.4(b) provides that “A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender.” Rule 4.4(b) applies to situations in which the sending lawyer accidentally provides privileged or confidential information to the receiving lawyer, such as when someone hits “Reply All” instead of forwarding to the client.

Rule 4.4(c) addresses a far less common scenario, when the sending lawyer realizes the disclosure prior to receipt by the receiving lawyer and contacts the receiving lawyer before the privileged or confidential information is viewed. Rule 4.4(c) requires the receiving lawyer to “abide by the sender’s instructions as to its disposition.” Comments [2] and [3] to Rule 4.4 expand on the receiving lawyer’s duties, including providing that as a matter of professional courtesy the receiving lawyer may inform the sending lawyer of the inadvertent disclosure.

Colorado Rule of Civil Procedure 26(b)(5)(B) also addresses inadvertent disclosure. C.R.C.P. 26(b)(5)(B) imposes on the receiving lawyer a mandatory prohibition on review, use, or disclosure of the information until the privilege claim is resolved, if the sending lawyer informs the receiving lawyer of the inadvertent disclosure. C.R.C.P. 26(b)(5)(B) differs slightly from Fed. R. Civ. P. 26(b)(5)(B); lawyers who practice in both federal and state courts should familiarize themselves with the different rules.

On Monday, November 28, 2016, attorney Cecil E. Morris, Jr., will deliver a lunchtime presentation on inadvertent disclosure, which is available for one general CLE credit and one ethics credit. This program is a great way to learn about what to do in case you inadvertently disclose confidential or privileged information, and also what to do if you receive information inadvertently disclosed. Cecil will discuss the differences between the federal and state rules, and will also address the substantive areas of law most affected by inadvertent disclosure. Register here or by clicking the links below.

 

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CLE Program: Inadvertent Disclosure – Professional Liability Series

This CLE presentation will occur on November 28, 2016, 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.