May 23, 2019

Two Law Legends and CBA-CLE Recognized by International CLE Organization for Legal Publication: Limited Liability Companies & Partnerships in Colorado

StarburstAwardsLogoThe Association for Continuing Legal Education (ACLEA), an international continuing legal education organization, awarded Colorado Bar Association CLE (CBA-CLE) with the Award of Outstanding Achievement in the publication category for its business law book Limited Liability Companies and Partnerships in Colorado.

Lidstone-SparkmanAttorneys Herrick Lidstone, Jr. and Allen Sparkman, two business law legends in Colorado, have taken a complex subject and written a clear, concise treatise on how to structure a business. The criteria for an ACLEA award include excellence in style, innovation, and content, in addition to the book’s appeal to a broad spectrum of the legal community. CBA-CLE Assistant Executive Director Dawn McKnight says, “We are extremely honored to win this award and grateful to have as authors two legends in the field, Herrick Lidstone and Allen Sparkman. Their vast experience, diligence, and thoroughness are evident throughout the book. They spent countless hours researching, writing, and revising this treatise to make it a comprehensive guide for practitioners.”

ABOUT THE BOOK:

Partnerships and other business entities have a fascinating history going back thousands of years.  Now in the twenty-first century, the variety of ways in which a new business may be formed and operated has made this a complex and especially important practice area.  Limited Liability Companies and Partnerships is a business law treatise for practitioners as they advise clients on issues from the time of a business’s formation to the time of dissolution. Topics include: choice of entity, formation and dissolution of the entity, creditor rights, securities and tax issues, as well as ethical considerations.

ABOUT THE AUTHORS:

Lidstone_HerrickHerrick Lidstone, Esq. is a shareholder and managing director of Burns Figa & Will, P.C. in Greenwood Village, Colorado. Mr. Lidstone practices in the areas of business transactions, including partnership, limited liability company, and corporate law, federal and state securities compliance, mergers and acquisitions, contract law, tax law, real estate law, and natural resources law. Mr. Lidstone’s work includes the preparation of securities disclosure documents for financing transactions, as well as agreements for business transactions,

limited liability companies, partnerships, lending transactions, real estate and mineral property acquisitions, mergers, and the exploration and development of mineral and oil and gas properties.

SparkmanAllenAllen Sparkman, Esq. practices law in Denver and Houston as a partner of Sparkman + Foote LLP. Mr. Sparkman’s practice includes the areas of business transactions, securities, tax, and professional responsibility. Mr. Sparkman’s work includes the preparation of securities disclosure documents for start-up companies in a variety of fields, including offshore oil and gas exploration, foreign mining operations, real estate, and comic book certification. He also regularly prepares LLC and partnership documents, and represents buyers and sellers of businesses, including preparing or reviewing all necessary legal documents.

ABOUT CBA-CLE:
Colorado Bar Association CLE (CBA-CLE) is the nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association. We produce high-quality continuing legal education programs and legal publications for attorneys and legal professionals.

So You Want to Self-Publish?

I’ve read some terrific books written by Colorado lawyers—fiction, non-fiction, and history books. Lawyers are a talented, creative group and many love to write as a hobby, writing even when spare time is limited—finding time at night and on the weekend to fulfill a passion. If you decide to take the plunge to publish a book or even several, it’s time to get serious. Getting a traditional publishing contract can be difficult, however, and self-publishing has become very popular in the past several years.

Jon Tandler, an attorney with Ryley, Carlock & Applewhite, practices corporate, intellectual property, and publishing law. He works extensively in the publishing industry, representing publishers, distributors, agencies, trade associations, authors, and others as to content acquisition, contracts, licenses, and other legal matters. Jon says that there are many considerations to self-publishing, including one that many people fail to do—creating a business plan. A business plan includes researching the market for your publication, setting a publishing schedule, finding assets, and researching sales and distribution channels.

On March 18, Jon is speaking on self-publishing at a CBA-CLE presentation. The program will be a practical tutorial on several business and legal aspects of self-publishing books and other literary content. He’ll also touch on the issue of plagiarism, which seems to be an increasing problem in the industry.

So, if you’ve seriously thought about self-publishing or just want more information, this seminar will provide some critical, concrete steps to take—before you start.

CLE Program: Self-Publishing—Business and IP—Important Things to Know Before You Start

This CLE presentation will take place on Monday, March 18, 2013, at 12:00 p.m. (noon). Click here to register for the live program, and click here to register for the webcast.

Can’t make the live program? Click here to order the homestudy.

Book Review — “Losing Twice: Harms of Indifference in the Supreme Court”

Losing Twice: Harms of Indifference in the Supreme Court
by Emily M. Calhoun

In Losing Twice, University of Colorado Law School Professor Emily Calhoun argues that the way judicial opinions are written can cause losing stakeholders to suffer additional, unnecessary harms. Given the topic, the book will be of interest to judges and others who write judicial opinions; however Professor Calhoun’s intended audience is “ordinary citizens.”

Calhoun’s thesis is non-ideological. Debates about originalism, minimalism, and activism are refreshingly absent from her book. Instead, Losing Twice focuses on people—most narrowly the non-prevailing parties in Supreme Court constitutional-rights disputes, and broadly, an array of stakeholders affected negatively by court decisions. These stakeholders come to the court in good faith, with much at stake, making the judicial choice to rule against them “essentially [a] tragic choice.”

Judicial opinions can be written in a way that honors losing stakeholders’ status as citizens or that demeans them; that acknowledges their continuing role in constitutional democracy or that shuts them out; or that respectfully articulates their views on an issue or that trivializes those views. For Calhoun, properly honoring losing parties and positions in judicial opinions is more than just a nice thing for judges to do. Opinions that demean losing litigants, that ignore them (willfully or inadvertently), or that hide behind hyper-technical rationality or “the doctrine made me do it” rhetoric create real harms, not only to the immediate parties but also to judicial legitimacy and democracy.

Calhoun offers the judicial opinions for two abortion cases, Roe v. Wade and Gonzales v. Carhart, as examples of opinions causing harm. Although the outcome in the first case is viewed as a pro-choice victory and the outcome in the second a pro-life one, Calhoun argues that both opinions show an indifference to the constitutional stature and autonomy of women.

Held up as an example of a well-written opinion is retired Denver Judge Jeffrey Bayless’s opinion in Romer v. Evans. According to Calhoun, Judge Bayless carefully laid out the arguments of each side and made a “special effort to address all citizen stakeholders,” not just those identified in the parties’ briefs. Judge Bayless also acknowledged the difficulty and impermanence of his decision and “put himself and his judgments about the legitimacy of the decision at the mercy of his audience.”

Calhoun’s claims are not beyond critique. Given how seldom lawyers—let alone “ordinary citizens”—actually read judicial opinions (something Calhoun seems to acknowledge in her discussion of Roe), the composition of opinions may have little effect on our public knowledge of their meaning, or on how their language is paraphrased and summarized by the media or by other instant and historical intermediaries. Nevertheless, judges, lawyers, and armchair Supreme Court enthusiasts will find Losing Twice to be a thought-provoking read that sheds new light on famous constitutional law decisions and that may inform their own written expression.

Derek Kiernan-Johnson is a legal writing professor at the University of Colorado in Boulder. He teaches legal writing, appellate advocacy, and judicial-opinion writing — (303) 492-5863, derek.kiernan-johnson@colorado.edu.Reproduced by permission. ©2011 Colorado Bar Association, 40 The Colorado Lawyer 114 (August 2011). All rights reserved.

CLE Program: Losing Twice – Harms of Indifference in the Supreme Court with Emily Calhoun

This CLE presentation took place on Monday, October 1. The program will be available as a homestudy in two formats: video on-demand and mp3 download.

Team CBA-CLE Scores a “Hat Trick” with Three International Awards, Including One for Legal Connection

The staff of Colorado Bar Association Continuing Legal Education (CBA-CLE) has so many enthusiastic hockey fans (including recreational players, coaches, referees, and those who just watch) that we thought it appropriate to have a hockey theme to celebrate when we won three awards in 2011. The “Hat Trick” from the international organization, the Association for Continuing Legal Education (ACLEA), included awards in the categories of Publications, Technology (for this blog!), and Public Interest.

Dawn McKnight, Assistant Executive Director of CBA-CLE says, “Our staff does an incredible job and we could not have won the awards without the help of the hundreds of attorneys and legal professionals in Colorado who contribute their time and resources to the projects.  There are too many people to name that volunteer countless hours for us, but we are extremely grateful and lucky to work with such talented and dedicated people. It’s very rewarding to be recognized by this international organization for the work we do and especially to win three in one year!  We’ll continue to work hard to achieve our ‘goals’ of providing quality legal education programs and publications for our legal community.”

2011 ACLEA AWARDS

  • Public Service Category:   Senior Law Day Project
  • Senior Law Day is an annual event for the public, held in several different locations each year around the state and offers workshops taught by attorneys and other professionals on critical topics  to seniors including Medicare, Medicaid, Social Security, Estate Planning and many other issues.
  • Publications Category:   Residential Construction Law in Colorado, Third Edition
  • Written by noted attorneys Ronald M. Sandgrund, Scott F. Sullan, and Leslie A. Tuft, this timely and well-written book reviews critical issues with homeowners’ legal rights and remedies arising from the design, construction, marketing, and sale of single-family homes and multi-family communities.
  • Technology Category:   CBA-CLE Legal Connection Blog – www.cbaclelegalconnection.com
  • A free resource for the Colorado legal community to get the latest Colorado legal news easier and faster from one centralized, searchable resource.

DEFINITION OF A HAT TRICK: Three goals scored by one player in a single game.

ABOUT ACLEA: Established in 1964, ACLEA is an international association providing educational opportunities and professional interaction for its members.  The organization includes members in the United States, Canada, the United Kingdom, Australia, New Zealand, Africa, and Mexico. Administrators, trainers, managers, educators, publishers, programmers and meeting professionals are all members of ACLEA.

ABOUT CBA-CLE:  Colorado Bar Association CLE [CBA-CLE] is the nonprofit education arm of the Colorado Bar Association and the Denver Bar Association. We produce high-quality continuing legal education programs and legal publications for attorneys and legal professionals in Colorado and the Rocky Mountain Region.

Uniform Power of Attorney Highlighted in Newly Revised Orange Book Handbook

The Sixth Edition of the Colorado Estate Planning Handbook (Orange Book Handbook) was released last month and provides practitioners with a treatise on a vast collection of legal topics. The completely revised edition was reviewed and updated to conform with Colorado law through 2010 and is directed toward intermediate and advanced level practitioners. The Handbook is designed to be used in conjunction with Colorado Estate Planning Forms (Orange Book Forms), also published by CBA-CLE.

The newly revised edition also includes seven new chapters, including one centered on powers of attorney, written by Tom Rodriguez. In 2009, Colorado adopted the Uniform Power of Attorney Act; this chapter provides an overview of the Financial and Medical Powers of Attorney and the implications of the new act.

Provided below is the newly revised Power of Attorney form that complies with the new act, as featured in the Orange Book.

Orange Book Handbook: Powers of Attorney

Details and purchase information regarding the Sixth Edition Orange Book Handbook can be found at the CBA-CLE publications website.

Designated Beneficiary Agreements Highlighted in Newly Revised Orange Book Handbook

The Sixth Edition of the Colorado Estate Planning Handbook (Orange Book Handbook) was released last month and provides practitioners with a treatise on a vast collection of legal topics. The completely revised edition was reviewed and updated to conform with Colorado law through 2010 and is directed toward intermediate and advanced level practitioners. The Handbook is designed to be used in conjunction with Colorado Estate Planning Forms (Orange Book Forms), also published by CBA-CLE.

The newly revised edition also includes seven new chapters, including one centered on non-traditional families written by Elizabeth Bryant and Erica Johnson.

The legal representation of those in non-traditional relationships often involves complex and overlapping issues that are not present in the representation of legally married couples. Many of these issues are difficult for lawyers to address given the lack of statutory law that applies to such relationships. This new chapter addresses these complex issues and gives guidance on “non-traditional couples” or same-sex couples that cannot marry under Colorado and federal law, and opposite-sex couples who choose not to marry.

Provided below is a section of this chapter, detailing one of the newest legal developments in Colorado regarding non-traditional families, the Designated Beneficiary Agreement.

Orange Book Handbook: Designated Beneficiary Agreements

Details and purchase information regarding the Sixth Edition Orange Book Handbook can be found at the CBA-CLE publications website.