August 18, 2017

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: 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.

Top Ten Programs and Homestudies of 2016: Ethics

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’s Top Ten Programs and Homestudies are all about ethics. In addition to the programs featured below, CBA-CLE has several interesting and informative books about ethics and professional responsibility, and many great programs and homestudies not listed here. Find out more at cle.cobar.org/Practice-Area/Ethics-Professional-Responsibility. And now, your featured presentation.

10. Ethics and Professionalism in the Practice of Law 2016
It’s time for the always popular annual Ethics and Professionalism Program. The Program that brings you CLE through legal “theater” presented by a distinguished panel of experts in an interactive format. This program presents ethical and professional situations through a carefully crafted series of interactive vignettes to give you the tools to improve the professionalism in your law practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits, including 4 ethics credits.

9. Ethical Duties of Attorneys Serving on Nonprofit Boards
Lawyers 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 exercise their legal training, with potential ethical implications. This seminar will review the most troublesome of those ethical considerations, including issues relating to whether simply serving as a director can create a lawyer-client relationship, present conflicts of interest, or raise concerns regarding competence. Order the Video OnDemand here and the MP3 here. Available for 1 general credit, including 1 ethics credit.

8. Lawyers’ Duty of Candor to the Tribunal and Remedial Measures in Civil Actions and Proceedings
This program will address the prohibition against offering false evidence, the duty to take remedial measures, and the duty to correct false statements by the lawyer set forth in Rule 3.3 of the Colorado Rules of Professional Conduct. The program will address the knowledge and materiality elements of the Rule, the duration of the lawyer’s duties under the Rule, and the steps that the lawyer must take when confronted with this problem of material false evidence. These steps include remonstration with the client, withdrawal from the representation, and if withdrawal from the representation does not undo the effect of the false evidence, then further remedial measures sufficient to undo the effect of the false evidence. Order the Video OnDemand here and the MP3 here. Available for 1 general credit, including 1 ethics credit.

7. Information Security & Ethics for Solo/Small Firm Practitioners
Cybersecurity and data breaches seem to always be in the news. Increasingly, law firms are becoming victims of data breaches and even targets of sophisticated cyberattacks. Attorneys and commentators alike worry that law firms’ IT systems and tools may be a weak point in the protection of their clients’ sensitive and confidential information. This talk will explore attorneys’ ethical obligations to protect confidential client information in the IT context, and discuss the tools and practices solo and small-firm practitioners can leverage to better fulfill those obligations. Specifically, Colorado Rules of Professional Conduct 1.1, 1.4, 1.6 and 5.1 will be discussed. Order the Video OnDemand here and the MP3 here. Available for 1 general credit, including 1 ethics credit.

6. Managing Risks: Preventing Legal Malpractice 2016
Managing risks is an important way to prevent legal malpractice claims. This program will discuss avoiding accidental attorney-client relationships, such as when making conversation at parties or talking to friends and family; tech traps for practitioners; trends in legal malpractice, including rules, cases, and statutes; and the Top Ten Ethics Complaints. Each Homestudy includes a copy of the CBA-CLE book, Lawyers’ Professional Liability in Colorado, 2016 Edition. 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 4 ethics credits.

5. Inadvertent Disclosure: Professional Liability Series
The problem of the inadvertent disclosure of communications or information that is privileged or protected is not new. However, the risk of such disclosures has increased dramatically in recent years as a result of rapid communication such as e-mail, and in the litigation context, with the production of large volumes of documents and information, especially electronically stored information. Consequently, the rules governing inadvertent disclosure have been evolving rapidly to keep up or catch up with the problem. Order the Video OnDemand here and the MP3 here. Available for 1 general credit, including 1 ethics credit.

4. Ethically Inspired Marketing: The Boundaries of Chasing Success / Ethics Lessons From the Trenches
Ethically Inspired Marketing: Every lawyer wants to have a great career, but only a few can transcend modest success and become a “rock-star lawyer.” In this program, Stuart Teicher explains how you can rise to the top by following a new paradigm he calls, “Ethically Inspired Marketing,” a concept based firmly in the rules of professional conduct. Since every push toward greatness has its limitation, Stuart will also educate us about the boundaries of chasing success. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits, including 3 ethics credits.

Ethics Lessons From the Trenches: The scariest stories are those tales where responsible lawyers who care about acting in an appropriate manner get into disciplinary trouble. In this program, we learn about the common missteps that are made by otherwise responsible attorneys. After hearing this program you’ll embark upon your career as a safer, stronger attorney. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 3 general credits, including 3 ethics credits.

3. Staying Above the Line: Preventing Legal Malpractice 2016
This half-day program provides practitioners with practical tips to avoid legal malpractice in the litigation practice. Topics covered include intra-firm privilege, trends in legal malpractice cases and statutes, preservation and spoliation of evidence, federal rules update, and more. Each attendee receives a PDF e-Book copy of the CBA-CLE book Lawyers’ Professional Liability in Colorado, 2016 Edition. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 4 general credits, including 4 ethics credits.

2. Ethics 7.0 2016
Practice at your very best. Attend this program and get the latest information on a wide variety of legal ethics issues. Your distinguished faculty will address current, common and challenging ethical issues you routinely encounter, or will encounter at some point in your practice years. At the end of the day, you will know both the conduct that will gain you respect, and the pitfalls that will jeopardize your practice. Order the Video OnDemand here, the CD homestudy here, and the MP3 here. Available for 7 general credits, including 7 ethics credits.

1. Annual Ethics Revue at Lannie’s Clocktower Cabaret
Much anticipated and annual, “The Ethics Revue”, is unlike any other CBA-CLE continuing legal education ethics program. It is produced and performed by members of the famous (or infamous!) Law Club and the Ethics Committee of the Colorado Bar Association. Each year, it is an all new CLE musical extravaganza. Attend a performance and learn ethical conduct in an engaging and memorable way. With a unique combination of wit, song, and commentary, the cast of multi-talented attorneys will heighten your awareness of a variety of ethics issues, which arise in the practice of law. This live-only program occurs each year in November, and is the can’t-miss ethics event of the year. Look for this great event in November 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.