August 24, 2019

Archives for November 29, 2011

Finalists Selected to Fill Judgeship on Sedgwick County Court

The Thirteenth Judicial District Nominating Commission has nominated three candidates for a Sedgwick County Court judgeship created by the retirement of the Honorable Max E. Carlson, effective February 3, 2012.

The nominees for the bench are Lori Hulbert of Sterling, and Dana LaBarr and James Wittler, both of Julesburg. All finalists were selected by the Committee on Monday, November 28, 2011.

Under the Colorado Constitution, Governor Hickenlooper has until December 14, 2011 to appoint one of the nominees as County Court Judge for Sedgwick County.

Comments regarding any of the nominees can be emailed to the Governor’s Office.

Important Changes to the Federal Rules of Bankruptcy Procedure Effective in December

Editor’s Note: CBA-CLE will be holding a program covering these important changes to the Bankruptcy Procedure Rules on Wednesday, November 30th before the rules go into effect. Every attorney practicing bankruptcy law must understand the new rules to avoid sanctions for failing to timely and completely comply with the new requirements. Click here for more information.

On December 1, 2011, several Federal Rules of Bankruptcy Procedure changes will go into effect. Some of the new rules are also accompanied by revised forms. The U.S. Bankruptcy Court for the District of Colorado requests that practitioners pay particular attention to changes to Rule 3001 and the addition of Rule 3002.1, which relate to proofs of claims and supplements that are required in applicable individual debtor cases.

In order to implement the new rules and forms, there will be additional filing events added in the online case filing/ECF system:

  • Notice of Mortgage Payment Changes – Form B 10 (Supplement 1)(12/11)
  • Notice of Postpetition Fees, Expenses, and Charges – Form 10 (Supplement 2)(12/11)
  • Notice of Final Cure Mortgage Payment
  • Response to Notice of Final Cure Payment
  • Motion to Determine Mortgage Fees and Expenses Motion to Determine Final Cure and Mortgage Payment Rule 3002.1.

Further information about changes to bankruptcy forms can be found here.

CBA-CLE invites anyone interested in getting more information about the changes to Rules 3001 and 3002.1 to attend a program covering the new rules on November 30, 2011. The presentation will focus on the changes to the forms and rules affecting proofs of claims filed by secured creditors on the principal place of residence of debtors, including the information required in the initial proofs of claims, supplements, the all-important timelines of supplements, and the final cure payment. Registration information is provided below.

CLE Program: Federal Rules Changes on Secured Proof of Claims

This CLE presentation will take place on Wednesday, November 30. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in two formats: video on-demand and mp3 download.

[UPDATED] Corporate Practice Update: Patent Reform, Social Media Policy, and Tax Topics for Privately-Held Businesses

The America Invents Act, which was signed into law this fall, is the first major overhaul of our nation’s patent law in almost 50 years. Among its many significant provisions, the Act will change the United States patent system from “first-to-invent” to “first-to-file,” aligning the United States with the international standard. New procedures will be also established for third-party challenges to patent and applications, and changes will be made regarding who can file, when they can file, and what prior art can be used against them.

The Corporate Practice Update Series has been postponed.

The effects of the changes will be of particular importance for corporate counsel and privately held businesses, and will be discussed at a CLE program on December 7, 2011 as part of the Corporate Practice Update Series. Along with these developments, the Privately Held Businesses program will cover other issues, including legal issues in social media, social media policy for a privately-held company, and tax topics for small businesses.

The program is being presented by some of Colorado’s leading business entity experts:

  • Fern O’Brien, Esq.
  • Henry Smith, Jr., Esq.
  • Liane Heggy, Esq.

And, don’t miss the other great sections of the Corporate Practice Update Series, covering the Civil Access Pilot Project, Business Entity Update, Securities, Franchises, M&A, and Ethics.

Immigration Law: DHS – Pilot Project for Deportation Case Review in Denver

Editor’s Note: The new CBA-CLE book Immigration Law for the Colorado Practitioner is now available for purchase. In addition to federal laws and regulations, lawyers must understand specific Colorado immigration laws and policies being implemented, and how they can affect their clients. This comprehensive reference covers an incredible range of practice issues, providing the necessary orientation, analysis, and authorities. It’s a new “must have” for the Colorado general practitioner, lawyers who focus their practice in areas that overlap with immigration law, as well as for lawyers who focus exclusively on immigration law. Click here for more information and to order.

The Department of Homeland Security will conduct a review of all pending deportation cases around the country to conduct a triage of the courts’ overwhelmed dockets. The review is intended to focus resources on deporting those who have committed serious crimes or pose national security risks.

The review will include six-week pilot projects in the immigration courts in Denver and Baltimore. During the pilot projects, teams of immigration agency lawyers will evaluate each case pending before those courts. Those cases which are not determined to fit with the government’s priorities may be administratively closed but will not be dismissed. The fact that a person’s case is administratively closed will not entitle him to any work permit or any other immigration status. Additionally, the administratively closed deportation case can be reopened in the future at any time the government chooses.

Click here to see the New York Times article on the review of deportation cases.

Aaron Hall is an associate attorney at the Joseph Law Firm and focuses his practice on immigration law. Aaron contributes to the Immigration Issues blog, where this post originally appeared on November 17, 2011.

Coach’s Corner: What Is a Successful Lawyer?

Develop the Right Perspective

Successful lawyers tend to work long hours and are focused and passionate about what they do. But in the effort to excel, made more intense by the pressure of economics, trying too much to succeed can cause problems for lawyers. Those who don’t have the right perspective can see their striving for success become counterproductive.

Our Success Motivation

Success is not just a matter of hard work – the thought of 2,000 or more billable hours a year proves that. But the billable hour is only a method of accounting; it is not the reason for working long hours. Our success motivation comes from loving what we do, from wanting to help people and from needing to take care of our families and ourselves.

A Checklist for Success

So, in this context, what is a successful lawyer? The answer lies, not in earning more money or racking up more billable hours, but in moving your professional life down as many of these paths as possible.

  • Do what you love. Passionate, satisfied attorneys perform better, feel better about their careers and themselves. Attorneys who are not happy need to refocus.

  • Put the client first, by treating every client like your only client. Grateful and appreciative clients will always be there for a committed lawyer.

  • Think like an owner. Everything that occurs in the firm’s day-to-day operation important and a focus on increasing revenues and profits is a sure recipe for personal success.

  • Be a problem-solver. Instead of just reacting or being busy with immediate concerns, look ahead for solutions to future problems.

  • Never stop learning. That means going beyond the minimum CLE requirements and continuing to learn new trends and update old thinking.

  • Develop business competency so you can speak the language of your business clients. Presenting advice in this language builds the client’s trust and confidence.

  • Treat colleagues as clients and integrate your practice with others in the firm to benefit from the variety of relationships that they have with the outside world.

  • Make yourself invaluable to clients. If you go the extra mile, providing the service they need and anticipating their problems, you will always compete successfully for their business.

Treat Everyone With Respect

A final thought is implicit in traveling each path. Treat everyone – clients, colleagues and contacts alike – with the same civility and respect you wish to receive. The truly successful person never has to worry about the comments made by others when out of earshot.

Ed Poll is a nationally recognized coach, law firm management consultant, and author who has coached and consulted with lawyers and law firms in strategic planning, profitability analysis, and practice development for over twenty years. Ed has practiced law on all sides of the table and he now helps attorneys and law firms increase their profitability and peace of mind. He writes the LawBiz® Tips E-zine, where this post originally appeared on September 20, 2011.

Colorado Supreme Court: Week of November 27, 2011 (No Opinions)

The Colorado Supreme Court issued no opinions for the week of November 27, 2011.

Tenth Circuit: No Opinions, 11/28/11

On Monday, November 28, 2011, the Tenth Circuit Court of Appeals issued no opinions.