April 19, 2019

Archives for September 25, 2015

Learn to Negotiate Effectively – Gain the Edge!®

Everyone negotiates. If you are a lawyer – regardless of your practice area – your ability to negotiate effectively may be one of the most critical skills you possess.

Like any skill we possess, our negotiation techniques will grow and develop as we feed them. Our upcoming Gain the Edge!® Negotiation Strategies for Lawyers seminar with Marty Latz will help lawyers hone their skills and become more effective negotiators. The video clip above shows you just one of Marty’s tips for handling negotiations successfully.

As Marty explained to us “There’s basically a right way to negotiate, and there’s a wrong way to negotiate.” While most of us tend to wing it while negotiating, Marty will share decades of proven expert research to help you sharpen your negotiating skills by navigating away from an instinctive or intuitive mindset towards a more strategic method.

This program has something for everyone. “Everybody benefits. Negotiation is truly a life skill,” as Marty says. Whether you are a litigator, family lawyer, or real estate practitioner, negotiations come into your practice. Perhaps you are trying to close a business deal, encountering discovery disputes, trying to solve a taxation issue, or negotiating your office lease. Whatever it is that you do, this program will provide you tips for negotiating in any professional legal environment. By attending, you’ll gain tools to negotiate more successfully with all of the people you encounter: your bosses, co-workers, employees, clients, and other lawyers.

We hope you’ll join us and Marty for Gain the Edge! ® Negotiation Strategies for Lawyers. You can learn more about the topics Marty will cover by viewing the program brochure. As a bonus, each attendee will receive a copy of Marty’s book, Gain the Edge! Negotiating to Get What You Want. To reserve your spot now, click here to register online or call (303) 860-0608.

Then mark your calendar and come prepared to improve your skills and have fun at the same time. Marty’s other seminar attendees have told him that they “not only find [the information] useful, practical, and interesting but they also really enjoy themselves.”

We hope you’ll enjoy it too!

CLE Program: Gain the Edge! ® Negotiation Strategies for Lawyers

This CLE presentation will take place Friday, October 2, 2015 at the CLE offices. All class attendees will receive a copy of Marty Latz’s book, Gain the Edge! Negotiating to Get What You Want. Live program only – click here to register.

Editor’s Note: A version of this post originally appeared on the blog of the Legal Education Society of Alberta on July 28, 2015. Reprinted with permission.

Application Period Open for Several Judicial Nominating Commission Vacancies

On Thursday, September 24, 2015, the Colorado State Judicial Branch announced several upcoming vacancies on Judicial Nominating Commissions. The application period for these vacancies is now open. Applications must be submitted online at https://www.colorado.gov/pacific/governor/boards-and-commissions-application, and will be accepted through October 31, 2015. The vacancies will open December 31, 2015.

Judicial nominating commissions are comprised of seven members from their respective judicial districts, of whom no more than four can be of the same political party. In voting districts with populations greater than 35,000, no more than three judicial nominating commission members can be attorneys. The Supreme Court Nominating Commission consists of one attorney and one non-attorney from each of Colorado’s seven congressional districts, plus one at large member who is not an attorney. The nominating commissions vacancies are listed here.

  • Supreme Court Nominating Commission – One vacancy for a non-attorney in the Fifth Congressional District.
  • First Judicial District Nominating Commission – One vacancy for an attorney in Gilpin County.
  • Second Judicial District Nominating Commission – One vacancy for an attorney.
  • Third Judicial District Nominating Commission – Two vacancies for attorneys.
  • Fourth Judicial District Nominating Commission – Four vacancies, one attorney and three non-attorneys. No more than two appointees may be registered as Democrat, no more than three may be registered as Republican, and one must reside in Teller County.
  • Fifth Judicial District Nominating Commission – Two vacancies, one for an attorney and one for a non-attorney. No more than one of the appointees may be registered as Democrat.
  • Seventh Judicial District Nominating Commission – Three vacancies, one for an attorney and two for non-attorneys. One appointee must be from San Miguel County and one must be from Gunnison County, and no more than two appointees may be registered as Republican.
  • Eighth Judicial District Nominating Commission – Three vacancies, one for an attorney and two for non-attorneys. No more than two appointees may be registered as either Democrat or Republican.
  • Ninth Judicial District Nominating Commission – One vacancy for an attorney.
  • Tenth Judicial District Nominating Commission – One vacancy for a non-attorney.
  • Fifteenth Judicial District Nominating Commission – One vacancy for an attorney.
  • Sixteenth Judicial District Nominating Commission – Two vacancies, one for an attorney and one for a non-attorney.
  • Seventeenth Judicial District Nominating Commission – Three vacancies, one for an attorney and two for non-attorneys. No more than one appointee may be registered as Democrat.
  • Eighteenth Judicial District Nominating Commission – Two vacancies, one for an attorney and one for a non-attorney. No more than one appointee may be registered as Republican.
  • Nineteenth Judicial District Nominating Commission – Two vacancies for non-attorneys.
  • Twentieth Judicial District Nominating Commission – Two vacancies for non-attorneys.
  • Twenty-First Judicial District Nominating Commission – Two vacancies, one for an attorney and one for a non-attorney. No more than one appointee may be registered as Republican.
  • Twenty-Second Judicial District Nominating Commission – One vacancy for a non-attorney. The appointee may not be registered as Republican.

For more information about nominating commissions, click here. For more information about the vacancies, click here.

Tenth Circuit: Sentence Enhancement Based on Elements of Actual Convicted Offense

The Tenth Circuit Court of Appeals issued its opinion in United States v. Castro-Gomez on Monday, July 6, 2015.

Luis Carlos Castro-Gomez pleaded guilty to one count of illegal reentry by a removed alien. Castro-Gomez objected to the Presentence Report’s classification of his prior Illinois conviction for attempted murder as a crime of violence, and argued that since Illinois’ statutory definition of murder is broader than its generic counterpart and requires only the intent to do harm, his conviction for attempted murder should not count as a crime of violence. The district court disagreed and sentenced Castr0-Gomez to 35 months in prison. Castro-Gomez appealed.

On appeal, Castro-Gomez argued that since Illinois’ definition of murder requires only the intent to do bodily harm, it is broader than the generic definition and therefore does not constitute a crime of violence for purposes of the 16-level sentence enhancement. And if murder does not qualify as a crime of violence, then attempted murder must not qualify either. The Tenth Circuit rejected Castro-Gomez’s reasoning. The Tenth Circuit found persuasive a Ninth Circuit opinion with a similar fact pattern, where the Ninth Circuit determined that the actual crime of conviction should be evaluated in determining sentencing enhancements. Using the Ninth Circuit’s reasoning, the Tenth Circuit evaluated the intent requirement of attempted murder under Illinois law and found it corresponded to its generic counterpart, thereby qualifying as a crime of violence.

The Tenth Circuit rejected Castro-Gomez’s challenge and affirmed his sentence.

Tenth Circuit: Unpublished Opinions, 9/24/2015

On Thursday, September 24, 2015, the Tenth Circuit Court of Appeals issued one published opinion and two unpublished opinions.

Trujillo v. Colvin

United States v. Sahagun-Ramirez

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.