Divorce Law Journal

Ky AAML Awards To Hon. Bruce Petrie and Steven Kriegshaber

The Kentucky Chapter of the American Academy of Matrimonial Lawyers presented its 11th Annual Family Law Seminar on April 17 and 18, 2008. We enjoyed the presentations by our national President-Elect, Gary Nickelson, and the provocative and dynamic duo of Lynne Gold-Bikin and Dr. Jonathan Gould. The seminar was well attended and included several of our Family Court Judges. The day long custody piece likely changed the face of custodial evaluations in Kentucky. We were also delighted to have Mel Frumkes return to speak on divorce taxation issues.

Hon. Bruce Petrie of Boyle and Mercer Counties was presented the 2008 Judge of the Year Award.

Steven Kriegshaber, Louisville, (on the right) was honored with the 2008 “Raising the Bar Award.”

This is a photo of some of our members and speakers.

And, finally, a snapshot of some in the crowd taking in Dr. Gould's presentation.
.

ABA-APA Joint Conference, No Respect For The Kentucky Derby

The ABA-APA Joint Conference, Reconceptualizing Child Custody: Past, Present and Future, will be April 30-May 3, 2008 in Chicago. The summary provided by the ABA: Family lawyers and psychologists are often confronted with issues of mutual concern, including working with high-conflict families; participating in custody evaluations; relocation; representation of children; and allegations of alienation, sexual abuse, and domestic violence.

The 34 plenaries and breakout sessions will span three full days and allow attendees the opportunity to learn from judges, lawyers, psychologists, researchers, and academicians in a number of settings, including a mock hearing.
Register online here. The tentative agenda is here.

AICPA/AAML National Conference on Divorce

The fourth Biennial AICPA/AAML National Conference on Divorce will be May 8-9, 2008 at Caesar’s Palace in Las Vegas. There will be an optional Wednesday afternoon pre-conference workshop. The stellar lineup is as follows: Emerging Issues in Discount Rates, Capitalization Rates and Valuation Discounts, Types of Business Organizations and Related Tax Attributes, Case Law Update, Computer Forensic Techniques, Dissecting a Business Valuation Report, Clash of Tax and Divorce Planning, Hot Tips Panel, Ethical Conundrums, Reading Tax Returns, Collaborative Law, Review of Rules of Evidence, and Asset or Income, Double Dip; Concept of Income in Divorce.

For more information call 1-888-777-7077.

Reflections on 17th Anniversary of Domestic Relations Update

It is with surprise and pleasure as I reflect on the 17th anniversary of the Domestic Relations Update that it remains a vibrant, successful and integral CLE to Jefferson County family law practitioners.
When Alan T. Slyn and Retired Judge Richard A. Revell first presented this seminar in 1991 few attorneys limited their practices to divorce law. The Jefferson Family Court Pilot Project was just beginning, with Judge Revell sworn in as its first Chief Judge. Continuing legal education had just been mandated. The Annual Domestic Relations Update seemed to fit a great niche of bringing general practitioners up-to-date on Kentucky divorce law once a year and providing the venue for discussion among this nascent family law community.
Today we have a large family court bar and dedicated family courts. Presumably the many lawyers limiting practices to divorce and family law stay up-to-date. All new decisions are available on the internet as they are published. Three years ago when Alan Slyn asked me to present in his place, I feared this seminar may have become a dinosaur. It was my happy discovery in accepting the invitation to participate that this seminar remains a fabulous opportunity for the family court bench and bar to brainstorm cases and to debate the nuances of the law. Presenting is as exhilarating as Supreme Court oral arguments, for the questions are consistently insightful and provocative.
I invite you to join Judge Revell and me on March 14, 2008 from 11:00 a.m. to 1:00 p.m. for the 17th Annual Domestic Relations Update at the Louisville Bar Association. Sadly, Alan’s health will not permit him to attend even though he has requested the material and no doubt read every word of every case backward, forward, and upside down. I wish he would let us beam him in by hologram, but I guess carrying on the tradition will have to suffice.

Published in Louisville Bar Briefs, March 2008, Volume 08, No. 3

Diana L. Skaggs is President of the Kentucky Chapter of the American Academy of Matrimonial Lawyers. Her firm, Diana L. Skaggs + Associates limits its practice to divorce and family law.

Brochure Available:11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues

The brochures are in the mail for the 11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues to be held at the Louisville Bar Association, about which we posted here. A brochure can be downloaded here:Download aaml_2008_final.pdf

11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues

Here is the seminar schedule. Short speker bios are at the end.
Mastering the Tough Issues: Child Custody,
Divorce Taxation, QDROs, and Preparing for the Difficult Mediation

Thursday, April 17, 2008

8:00 a.m. Registration and Continental Breakfast

8:30 a.m. Jonathan W. Gould, PhD, Charlotte, NC and Lynne Z. Gold-Bikin, Norristown,
PA
Mastering Child Custody Evaluations

Conducting Scientifically Crafted Child Custody Evaluations

Use of Psychological Tests

Deconstructing the Evaluation Report

How to Cross Examine an Expert’s Custody Evaluation

(Break 10:30-10:45)

12:00 p.m. - Lunch with the Psychologists and Judges. Family Court Judge of the Year Award and Raising the Bar Award will be presented

1:00 p.m. Mastering Child Custody Evaluations
Dr. Gould and Ms. Gold-Bikin, continued:

Clinicians In Court: A Guide to Subpoenas, Depositions, Testifying and Everything Else the Expert Needs to Know

A Call for Clinical Humility and Judicial Diligence

Is the Child’s Therapist Part of the Problem? What Attorneys, Judges and
Mental Health Professionals Need to Know About Court Ordered Treatment
for Children

(Break 3:00-3:15)

3:15 p.m. Panel of Child Custody Evaluators “Top Ten Tips for Family Law Practitioners
and Judges”
4:15 p.m. Lynn Gold-Bikin, “Ethical Issues in Child Custody Cases”

Steven Kriegshaber, “AAML and ABA Ethical Guidelines and Authorities for
Guardians Ad Litem in Custody and Access Disputes”

5:15 p.m. - Cocktails

Friday, April 18, 2008

8:00 a.m. Continental Breakfast

8:30 a.m. Gary L. Nickelson, “How to Prepare for the Difficult Mediation”

9:30 a.m. - Melvin Frumkes, Miami, FL, “Divorce Taxation”
10:30 a.m.

10:30 a.m. - Break
10:45 a.m.

10:45 a.m. Melvin Frumkes, continued, “Divorce Taxation”

11:45 a.m. Melanie Straw-Boone “QDRO Tips for Lawyers to Put in Agreements and
Courts to Put in Judgments”

12:30 p.m. Adjourn

Lynne Z. Gold-Bikin, Norristown, PA, has authored numerous books in the field of Family Law and has authored and co-authored numerous articles, including The Divorce Practice Handbook, Michie, 1994; and The Divorce Trial Handbook. She was also Assistant Editor of Pennsylvania Family Lawyer, 1980-83. She has been a lecturer in law at various law schools and is an Adjunct Professor at University of Houston, School of Law.
Ms. Gold-Bikin has served on the ABA Board of Governors: she has served as an Advisor to the American Law Institute, Family Law Project; Chairperson of the American Bar Association, Family Law Section (ABA/FLS), 1994 to 1995; ABA House of Delegates, Delegate at Large, 1995 to present; Montgomery County Bar Association Board of Directors, 1992 to 1995; Chairperson of the Pennsylvania Trial Lawyers Association, Family Law Section, 1988 to 1990; Commissioner, ABA, Commission on Domestic Violence; Pennsylvania Future Commission on Justice in the 21st Century. She is on the Editorial Board of The Matrimonial Lawyer and has served on the Editorial Boards of Family Advocate, FariShare, The Practical Lawyer,
She is a fellow of American Academy of Matrimonial Lawyers; International Academy of Matrimonial Lawyers, the American Academy of Matrimonial Law Foundation, and American College of Matrimonial Trial Lawyers.
****

Jonathan W. Gould, PhD, Charlotte, NC, practices forensic psychology with a specialization in issues related to family law, including child custody, and is board certified in forensic psychology by the American Board of Professional Psychology. He performs court-appointed custody evaluations and consults with attorneys and psychologists in the areas of child custody and professional ethics and standards. Dr. Gould also consults with attorneys in the areas of criminal child sexual abuse and other forms of child maltreatment.
His books include Child Custody Evaluations and Child Maltreatment, Guilford Publishers, (under review), Conducting Scientifically Crafted Child Custody Evaluations, 2nd Edition, Professional Resource Press, (in press), Clinicians in Court: A guide to subpoenas, depositions, testifying and everything else you need to know, Guilford Press, (2002), Conducting Scientifically Crafted Child Custody Evaluations, Sage Publications (1998).
****

Gary L. Nickelson, Ft. Worth, TX, is the president elect of the American Academy of Matrimonial Lawyers and is a frequent author and lecturer for the AAML, State Bar of Texas, and other organizations.
****

Melvin Frumkes, Miami, Fl, is a past President of the Florida Chapter of the American Academy of Matrimonial Lawyers and is Associate Editor of the Journal of the American Academy of Matrimonial Lawyers. He is past chairman of the Family Law Section of The Florida Bar. He has been on the faculty of the National Judicial College in Reno, Nevada for 18 years where he taught Divorce Taxation. He is on the Board of Editors of the Journal of the American Academy of Matrimonial Lawyers, and the Family Advocate (ABA, Family Law Section) and was a contributing Editor to Fair$hare. He is Board Certified in Marital and Family Law by The Florida Bar.
Mr. Frumkes was elected to membership in the American Law Institute in 1990 and served as a member of the Consultative Group to its project to develop Principles on the Law of Family Dissolution. He is a Diplomate of the American College of Family Trial Lawyers and a Fellow of the International Academy of Matrimonial Lawyers.
He has been listed in the Best Lawyers in America since its inception in 1983.
His book Frumkes on Divorce Taxation, James Publishing, Inc., is an indispensible resource for every family law library.
****

Steven Kriegshaber, Louisville, KY, is a past President of the Kentucky AAML Chapter and past Chair of the Louisville Bar Association Family Law Section. He is the author of “Representing Children in Divorce Litigation,” The Advocate, July/August 1997, and for many years was a member of the AAML Special Concerns of Children Committee.
****

Melanie Straw-Boone, Louisville, KY (a/k/a “QDRO Queen”), is Membership Chair of the AAML Kentucky Chapter. She is past chair of the Lousiville Bar Association Family Law Section and current chair of the LBA Pro Bono Consortium. She is a partner in the Louisville firm of Pregliasco Straw-Boone, which specializes in family law.

Child Custody Seminar

The Louisville Bar Association Family Law Section will be featuring three local evaluators at a seminar December 11, 2007. Here is registration info for the presentation by Stephen Free, JD, PhD, Jennifer Cebe, PhD, and
Kathryn Berla', Ed.D.

Electronic Evidence

Spousal team Sharon D. Nelson and John Simek of Sensei gave a great presentation at the AAML annual meeting in Chicago last week. I had been following Sharon's blog, Ride The Lightning for a few weeks, so I was surprised and delighted to meet her and learn forensic electronic evidence tips from them. If you check out her blog, please note that the colorful and shameful stories about the wayward lawyer disciplined are NOT about one of our members!

KY AAML 2008 Spring Seminar

Save the dates of April 17-18, 2008 for the American Academy of Matrimonial Lawyers Kentucky Chapter 11th Annual Family Law Seminar. We already have Melvin Frumke from Florida to talk about income tax ramifications in divorce cases. Also, Lynne Z. Gold Bicken and Dr. Jonathan Gould are confirmed to present a substantial piece on child custody evaluations. Please mark your calendars now.

The Battle Between Abuse and Alienation:Assessment, Diagnosis and Interventions

Association of Family and Conciliation Courts presents at
University of Baltimore, Maryland, The Battle Between Abuse and Alienation:Assessment, Diagnosis and Interventionson December 5-6, 2007. From the brochure description:

A two-day training for judges, lawyers, custody evaluators, mediators and other professionals who work with high-conflict families.
Frequently in complex child custody cases the sides line up with allegations of abuse in one corner and allegations of alienation in the other. Often people take sides and they find themselves lost in the battle and in so doing, they lose sight of the children, as it becomes a war between the two A’s – abuse and alienation. How do we know the Truth that is behind why a child rejects his or her parent? Once we know that, there is even more to know, and that is what to do about it and how to intervene. This workshop will address these issues, current research, and describe best practices for evaluating these families and the interventions that best serve them.
Participants in this two-day training will:
• Learn how to assess alienation and abuse and to make a distinction between the two;
• Learn where on the continuum of abuse and of alienation behaviors a particular family falls;
• Learn ways to assess for safety issues and how to put the child first;
• Learn ways to help facilitate a “child-centered” custody evaluation;
• Learn how to delineate a child’s vulnerabilities and strengths dependent upon his or her age and stage of development;
• Understand the research on abuse and alienation and what we know from it about children, parenting, and attachment issues;
• Learn how to apply the AFCC Model Standards, APA’s Guidelines for Evaluations of Parenting Responsibility, APA’s Specialty Guidelines for Forensic Psychology and APA’s Ethics Code as well as state and local rules of court to cases with these complex issues; and
• Facilitate the creation of interventions in these cases that emphasize accountability, accountability, and even more accountability.
AGENDA
Wednesday, December 5, 2007, 8:30 am-4:00 pm
1. Context and Definitions: Why do children reject parents? The possible roots of rejection. What is abuse, estrangement, alienation?
2. Investigation, Assessment, and Evaluations: Safety first, the child’s perspective, best interests, and a Decision Tree approach while looking for strengths and vulnerabilities.
3. Resources and Research: what we know and how to use it.
Thursday, December 6, 2007, 8:30 am-4:00 pm
1. Application of professional ethics, guidelines and standards.
2. Application of What We Know: Creating interventions that work.
3. Practical Application to Cases – The How To’s: How to prevent a child rejecting a parent and how to fix it when they do.
Presented by Leslie M. Drozd, Ph.D., editor of Journal of Child Custody and a psychologist in
private practice. She has authored, co-authored, or co-edited numerous books and articles
including Psychological Testing in Child Custody Cases, Child Sexual Abuse Allegations in Child Custody Cases, Relocation Issues in Child Custody, Self as the Mediator in the Psychopathology of Children of Alcoholics; Safety First: A Model for Understanding Domestic Violence in Child Custody and Access Disputes; Is It Abuse, Alienation, and/or Estrangement? Domestic Violence: True or False, and the National Council of Juvenile and Family Court Judges’ Bench Book for Family and Juvenile Court Judges on Navigating Domestic Violence in Child Custody Cases.

Registration and info (608)664-3750, afcc@afccnet.org, www.afccnet.org

Parenting Coordination: Helping High Conflict Parents Resolve Disputes

Association of Family and Conciliation Courts is presenting a two day seminar December 3-4, 2007 at the
University of Baltimore, Maryland, titled Parenting Coordination: Helping High Conflict Parents Resolve Disputes. It will be presented by Joan B. Kelly, Ph.D., clinical psychologist and former Executive Director of the Northern California Mediation Center. Dr. Kelly has published more than 80 articles and chapter, and her book, Surviving the Breakup: How Children and Parents Cope with Divorce, remains a classic resource Here is the description of the program:

A two-day training for parenting coordinators, mediators, custody evaluators, lawyers and other professionals who work with high-conflict families.
Parents with continuing disputes and chronic litigation about their children, following separation or divorce, present a difficult problem for courts, lawyers and mental health professionals. This training will focus on the parenting coordination structure and process, including the range of disputes resolved, practical and ethical issues, effective court orders, case examples, and the parenting coordinator role in cases with alienated children and relocation issues. Participants in this two-day training will:
• Understand the most recent empirical research on who high conflict parents are, and why they continue to have entrenched disputes regarding their children;
• Identify the types of conflict most destructive for children, and what buffers have been identified that help protect children from parental conflict;
• Understand the rationale for combining education, mediation, and arbitration in the Parenting Coordination models used for continuing g high conflict parents;
• Understand the relationship between the authority described in the order or consent agreement for the PC and the types of disputes typically addressed by Parenting Coordinators;
• Distinguish between Parenting Coordination and psychotherapy/assessment or serving as a representing lawyer and the role boundaries in functioning as a Parenting Coordinator;
• Understand the value of including children in Parenting Coordination processes, from research, interview material, and discussion;
• Learn the importance of precise, clear writing of decisions for court orders or consent agreements by discussing examples written by several PCs following either mediation or arbitration of parenting disputes;
• Identify the various ways in which Parenting Coordinators can intervene effectively in relocation, child alienation, and special needs cases; and
• Describe ethical situations that arise in Parenting Coordination practice, and the need for case consultation and mentoring.
AGENDA
Monday, December 3, 2007, 8:30 am-4:00 pm
1. Continued Parental Conflict after Divorce – Who and Why?
2. Empirical Research on Impact of High Conflict on Children’s Adjustment
3. Parenting Coordination: Definitions, Objectives, Disputes, Roles and Qualifications
4. Legal Frameworks and Models of Parenting Coordination
5. Critical Elements in Court Orders for Parenting Coordination
6. Referrals, Setting up Cases, Parental Informed Consent and Beginning the Case
Tuesday, December 4, 2007, 8:30 am – 4:00 pm
1. Including Children in the Parenting Coordination Process
2. Negotiation, Decision-making and Drafting Decisions
3. Ethical and Clinical Issues in Serving as Parenting Coordinators
4. Types of Parenting Coordination Cases
5. Specialized Interventions with Parents to Reduce Conflict
6. Parenting Coordination in Child Alienation and High Conflict Relocation Cases.

Registration and info (608)664-3750, afcc@afccnet.org, www.afccnet.org

Building a Successful Family Law Practice: ABA Tel Seminar September 26, 2007

Over lunch a few years ago at an ABA Family Law Section meeting in Seattle, I remember Mark Chinn singing the praises of his business coach, Atticus. You can hear Mark Chinn and Mark Powers of Atticus in a telephone seminar on Wednesday, September 26. Registration here. Info on Mark Chinn from his website:

Mark Chinn operates a four lawyer firm in Jackson, Mississippi dedicated solely to Family Law and is author of How to Build and Manage a Family Law Practice, published by the American Bar Association in 2006, and The Constructive Divorce, published by the ABA in 2007. He is also a contributing author in How to Capture and Keep Clients, published by the American Bar Association General Practice Solo Section in 2005 and 101 Practical Solutions for the Family Lawyer, published by the ABA Family Law Section.

AAML Chicago Annual Meeting And Seminar, November 7-10, 2007

Here is the seminar agenda for the AAML Chicago meeting:

THURSDAY, NOVEMBER 8, 2007

8:30 – 9:45 a.m.

Topic: “IMPAIRMENT AFFECTING THE CLIENT LITIGATOR, Or SELF INCLUDING BIPOLAR DISORDER, DEPRESSION, BORDERLINE PERSONALITY DISORDER and SUBSTANCE ABUSE (Prescription Drugs, Designer Drugs, Street Drugs and alcohol)”

Speaker: Barbara Nunneley
Hurst, TX

9:45 – 10:15 a.m. PANEL DISCUSSION

Topics: “DRUG TESTING INVOLVING URINALYSIS, 5 PANEL HAIR FOLLICLE TESTS and the SWEAT PATCH”

“RECOGNIZING, TREATING and DEALING WITH the IMPAIRED CLIENT
(OR OPPOSING COUNSEL)”

“ISSUES and SOLUTIONS FROM the LAWYER’S PERSPECTIVE, the PSYCHIATRIST'S PERSPECTIVE, and the HEALTH CARE PROVIDER’S PERSPECTIVE”

Speakers: Phyllis Ambile
Chicago, IL

Barbara Handschu
Buffalo, NY and NYC

Barbara Nunneley
Hurst, TX

FRIDAY, NOVEMBER 9, 2007

8:30 – 10:00 a.m. “FINDING and ANALYZING ELECTRONIC EVIDENCE”

Speaker: Sharon D. Nelson, Esquire
John Simek
Seinsei Enterprise, Inc.
Fairfax, VA

10:15 – 11:00 a.m. “ADMISSIBILITY OF ELECTRONIC EVIDENCE”

Speaker: Professor Kenneth Broun
University of North Carolina
School of Law
Chapel Hill, NC

11:00 – 12:00 noon “IDENTITY THEFT”

Speaker: Detective Bruce Peterson
Fairfield Police Department
Fairfield, CT

SATURDAY, NOVEMBER 10, 2007

8:30 – 12:00 noon

Topic: “LATEST DEVELOPMENTS in FAMILY LAW TAXATION MATTERS”

Speaker: Melvyn Frumkes
Miami, FL

Topic: “COLLABORATIVE LAW vs. TRADITIONAL CLIENT REPRESENTATION –
PROS AND CONS”

Speakers: Joan Jenkins
Houston, TX

Charles Shainberg
Philadelphia, PA

16th Biennial Family Law Institute

University of Kentucky College of Law
Lexington, Kentucky
Thursday, November 1, 2007

Here’s the lineup for this always outstanding seminar:

8:20 a.m. Welcome and Announcements
Tracy J. Taylor
Assistant Director, UK/CLE
Mike Davidson
Davidson & Oeltgen, PLLC
Lexington, Kentucky

8:30 a.m. Biennial Case Law and Legislative Update in Family Law
Professor M. Louise Graham
University of Kentucky
College of Law
Lexington, Kentucky
Professor Andrea Dennis
University of Kentucky
College of Law
Lexington, Kentucky

9:30 a.m. Estate Planning Issues for the Domestic Relations Attorney
Eugene L. Mosley
Mosley, Sauer & Townes
Louisville, Kentucky

10:30 a.m. Morning Break

10:45 a.m. Top Ten Guide/Procedural Primer of Basics in Divorce Practice
Anita M. Britton
Stoll Keenen Ogden PLLC
Lexington, Kentucky

11:30 a.m. 39 Ways to Improve Your QDRO Practice
David Clayton Carrad
QDRO Solutions, Inc.
Augusta, Georgia

12:30 p.m. Lunch Break

1:30 p.m. What’s the Difference?
Corporate, Military and Civil Service Plans
David Clayton Carrad
QDRO Solutions, Inc.
Augusta, Georgia

2:15 p.m. Best Practices for the Difficult
Ethical Dilemmas in Family Practice
Bonnie M. Brown
Attorney at Law
Louisville, Kentucky

3:15 p.m. Afternoon Break

3:25 p.m. Income Tax Refresher for the Domestic
Relations Attorney
Mike Reynolds
Darling & Reynolds, P.S.C.
Lexington, Kentucky

4:15 p.m. Revisiting Fenwick
Louis I. Waterman
Fore, Miller & Schwartz
Louisville, Kentucky
Other Panelists To Be Announced

5:15 p.m. Adjourn Institute

For more information and registration call (859) 257-2921.

ABA Family Law CLE, Memphis, October 10-13, 2007

2007 Fall CLE Conference, The Peabody, Memphis, TN
Online registration here.
Now for the lineup:

Plenary Sessions

It's Not Just About E-mail: What the Family Trial Lawyer Needs to Know About Electronic Evidence Prior to and During a Trial
This session will address the duties of the client and counsel regarding electronic evidence, what to look for during discovery, and related ethical considerations including preventing the spoliation of electronic evidence. This program will discuss trial admissibility issues that arise concerning electronic evidence as well as issues regarding the Federal Electronic Signatures Act.

Now I Know That the Retainer Was Set Too Low . . . Handling Difficult Substance Abuse and Mental Health Issues
Even difficult issues can be easy to handle when opposing counsel is settlement oriented and the parties are reasonable. However, a substance abuse or mental health issue can make any case a nightmare to handle. With insight from substance abuse and mental health professionals, as well as advice from the trenches, this program will address how to recognize, confront and handle these difficult issues, whether they are occurring with the opposing party, your client, or even opposing counsel.

Family Law—The Intersection with Federal Law
This program will provide the family law lawyer with tools regarding what to do when presented with a family law case that intersects with federal issues such as bankruptcy, immigration, QDROs and QMESCOs.

Committee CLE Programs

Same-Sex Couples and Interstate Recognition: Family Today, Strangers Tomorrow

Post-Divorce Instructions That Your Client Needs to Know—How to Shape Them Up and Ship Them Out

Hidden Assets in the Military Divorce Cases

Beyond Basic Child Support: Financial Planning for Children

I Worked for It, Nurtured It, Sweated for It: It's Mine!

Law Office Management for Divorce Lawyers or How to Look Out for Those Who Look Out for You

Child Custody Jurisdiction: Navigating the Statutory Maze

The Details of a Domestic Violence Trial

A Financial Primer for the Family Law Attorney

ABA Family Law Section October 10-13, 2007 CLE

You can register here for the American Bar Association October 10-13, 2007 meeting in Memphis. This is the line-up:

Plenary Sessions
It's Not Just About E-mail: What the Family Trial Lawyer Needs to Know About Electronic Evidence Prior to and During a Trial
This session will address the duties of the client and counsel regarding electronic evidence, what to look for during discovery, and related ethical considerations including preventing the spoliation of electronic evidence. This program will discuss trial admissibility issues that arise concerning electronic evidence as well as issues regarding the Federal Electronic Signatures Act.

Now I Know That the Retainer Was Set Too Low . . . Handling Difficult Substance Abuse and Mental Health Issues
Even difficult issues can be easy to handle when opposing counsel is settlement oriented and the parties are reasonable. However, a substance abuse or mental health issue can make any case a nightmare to handle. With insight from substance abuse and mental health professionals, as well as advice from the trenches, this program will address how to recognize, confront and handle these difficult issues, whether they are occurring with the opposing party, your client, or even opposing counsel.

Family Law—The Intersection with Federal Law
This program will provide the family law lawyer with tools regarding what to do when presented with a family law case that intersects with federal issues such as bankruptcy, immigration, QDROs and QMESCOs.

Committee CLE Programs
Same-Sex Couples and Interstate Recognition: Family Today, Strangers Tomorrow
Post-Divorce Instructions That Your Client Needs to Know—How to Shape Them Up and Ship Them Out
Hidden Assets in the Military Divorce Cases
Beyond Basic Child Support: Financial Planning for Children
I Worked for It, Nurtured It, Sweated for It: It's Mine!
Law Office Management for Divorce Lawyers or How to Look Out for Those Who Look Out for You
Child Custody Jurisdiction: Navigating the Statutory Maze
The Details of a Domestic Violence Trial
A Financial Primer for the Family Law Attorney

National Center for Family Law’s First National Family Law Symposium: State of the Family 2007

The link for info on the National Center for Family Law’s First National Family Law Symposium: State of the Family 2007 can be found here.

The University of Richmond School of Law and Virginia CLE have combined their resources to provide a national symposium on family law that will bring together family law attorneys, GALs for children, judges, professors, and mental health experts from across the country.

Here are a few of the reasons you will want to attend this Symposium:

• Unique opportunity to learn, discuss, and debate the law, the research, and social policies impacting children, marriages, and families
• Special pre-publication release of the new Ackerman and Ackerman child placement and custody study
• All-star faculty of attorneys, judges, professors, and mental health professionals from across the country, and special presentation on foster care by First Lady of Virginia Anne B. Holton
• Mock mediation session with professional actors and Chief Judge of the Virginia Court of Appeals, plus small-group workshops with opportunity to put new theories and approaches into practice
• Opportunity to network with other family law professionals from across the country and to hear legal humorist Sean Carter on dealing with stress
• Great location and great price (two dinners, three lunches, and two continental breakfasts included with Symposium fee)

LOCATION AND DATE: Richmond / Sunday, September 16–Tuesday, September 18
University of Richmond

Video: PR and Law Firm Marketing -Blogs

PR and Law Firm Marketing was the video clip about blogs that was presented at the March, 2007 American Academy of Matrimonial Lawyers meeting and seminar at Grand Cayman, Island about which I posted here. President Gaetano Ferro gave me permission to post it, commenting that it was well received and deserved to be disseminated. So, here goes. Download EditedBlogVideo.wmv

Why not post until now? Wouldn't you know, I discovered a small error. My video savvy nephew filmed and edited the original in November, 2006. After the death of Richard Shapero, about which we posted here, I realized my video comment about his famous case was a tad off and I didn't want to post an over-statement on the internet. It is impossible to corner a 17 1/2 year old teenager outside of holidays and now Joey is at an advanced digital film camp at UCLA. So, our IT assistant, Christina Howard, edited the end of the film in-house but told me it was a bit choppy. When I finally had a chance to look at it, I realized it was actually OK, and you can't even tell where she clipped out a piece. So, now you have it. Thanks, Christina.

Fact or Fiction: Is Child Sexual Abuse Often Alleged in Custody Cases?

Check out this ABA tele-seminar June 19, 2007, noon-1:30, Eastern time, Fact Or Fiction: Is Child Sexual Abuse Often Alleged in Custody Cases?

10th Annual AAML/LBA Seminar Highlights

The 10th Annual “Kicking Off Our Next Decade of Cutting Edge Topics” presented by the American Academy of Matrimonial Lawyers Kentucky Chapter and the Louisville Bar Association received great reviews. The seminar kicked off with a panel of family court judges presenting “Top 10 Tips for Domestic Relations Practitioners.”

Hon. Stephen M. George, Chief Judge, Jefferson Circuit Court, Family Division, was the 2007 recipient of the 1st Annual Family Court Judge of the Year Award. Judge George was honored for his efforts in improving the excellence of Jefferson Family Court, for addressing the needs of pro se litigants, and for fostering open lines of communication between the bench and the family law bar. Steve Kriegshaber, CLE Chair presented the award to Judge George.

The recipient of the 1st Annual Raising the Bar Award was William L. Hoge, III. Mr. Hoge was instrumental in establishing the AAML Kentucky Chapter and initiating its annual statewide family law seminar and bringing in nationally renowned speakers for it each year.

Keeping with tradition, the President-Elect of the AAML, James M. Hennenhoefer, Vista, CA attended. He presented “Representing the Economically Disadvantaged Spouse.”

Stephen Stark, Speaking To Win

One of the highlights of the American Academy of Matrimonial Lawyers CLE last week was Steven D. Stark who presented on public speaking. When I returned to Louisville I checked his website and found this synopsis of one of his presentations, which is very similar to what he delivered to the AAML, but we only had the benefit of a one-half day presentation. I can highly recommend him as a great speaker and one who has much to offer lawyers in every field. It would be a joy to participate in another, longer session. I never realized how very different speaking is than writing and how dull lawyers can be when talking. It will be fun practicing sound bites and repetition for a future presentation. We all spend so much time trying to stay abreast and ahead of the substantive areas of our fields that it is difficult to budget the time and money to tackle all the non-legal information and education we need. This is one presentation that was clearly worth the time and money.

Weary of glazed eyes, I did not mention the word "blog" but once or twice, in confidence, during this trip. Yet, in checking Steve's website I learned that he hosts a blog, Tote Board 2008, about the upcoming presidential election. Sorry to have missed the opportunity to have talked a little about blogging with him. Next time.

The Role of the Lawyer in Relation to the Client: Boss, Humble Servant, or Dr. Phil?

Register online for The Role of the Lawyer in Relation to the Client: Boss, Humble Servant, or Dr. Phil?,
sponsored by the American Bar Association Section of Family Law and the Center for Continuing Legal Education. The 90 minute teleseminar is Wednesday, March 28, 2007, noon, Eastern time. Here is the course description:

The normal client-lawyer relationship is based on the assumption that the client, when properly advised and assisted, is capable of making decisions about important matters. When the client is a minor or suffers from a diminished mental capacity, however, maintaining the ordinary client-lawyer relationship may not be possible in all respects.

What decisions does the client control? At what point does the attorney have the right to decline to carry out client requests that are not illegal or unethical? Can one make enforceable rules regarding such an intimate relationship? Join our expert panel as they address some key ethical issues presented when representing clients in family law proceedings.

Divorce Tax Seminar, Louisville, KY

The LBA Family Law Section is offering a divorce tax seminar on March 28, 11am-1pm and you can register here.

A Few Comments About 16th Annual Domestic Relations Update: Is A Legislative Solution In Order On The Vexing Paternity Issues?

A few lawyers in Kentucky may know as much about family law as retired Chief Judge Richard A. Revell, but none knows more. What is so fascinating about this field of law is the constant movement within it reflecting our changes in society. The seminar at the Louisville Bar Association last Friday was spectacular not only because of Judge Revell’s breadth of knowledge, but because of the great questions the audience peppered us with. There were a number of questions particularly about the DNA/paternity/father/child support/custody quagmire we find ourselves presented with in Kentucky. I felt like I was at a Supreme Court oral argument. The bottom line on this direction of the law is “we don’t know.”

Perhaps now is the time to begin studying the Uniform Parentage Act, which can be found here. According to the legislative fact sheet found here it has been endorsed by:
ABA Family Law Section
ABA Section of Individual Rights and Responsibilities
ABA Steering Committee on Unmet Legal Needs of Children
National Child Support Enforcement Association
National Association of Public Health Registrars
American Association of Matrimonial Attorneys

For years we can allow our families to go to lawyers who will have to give them "I don't know" answers to many questions and work our way though the courts dealing with this on a slow case-by-case basis, or we can get down to work and ask our legislature to act.

Dr. Dan Shapiro From Harvard Negotiation Project Returns To KY

Thanks to Kentucky Cases for giving the "heads up" on Navigating Emotional Roadblocks for Effective Mediation set for April 17, 2007 in Lexington, KY. It is bound to be a fabulous program, featuring Dr. Dan Shapiro, associate director of the Harvard Negotiation Project, and author of Beyond Reason: Listening To Emotions As You Negotiate. The brochure is here.

AFCC Conference

AFCC’s 44th Annual Conference to be held May 30-June 2, 2007 in Washington, D.C.

Professionals who work with children and families will not want to miss AFCC’s 44th Annual Conference, Children of Separation and Divorce: The Politics of Policy, Practice and Parenting, May 30-June 2, 2007. The conference will take place at the Capital Hilton in the heart of Washington D.C. and will bring together more than 700 family court, dispute resolution and mental health professionals. Click here for program information and registration form.

April 19-20, 2007 AAML/LBA Seminar Brochure Available

You may download the April 19-20, 2007 AAML/LBA 10th annual seminar brochure for info and registration here:Download seminarbrochureaaml_072nd.pdf

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Ben Cowgill Booked for Kentucky AAML/LBA April seminar

Benjamin Cowgill, Lexington, Kentucky, is the former Chief Bar Counsel for the Kentucky Bar Association, where he was responsible for the investigation and prosecution of all disciplinary cases against members of the bar. He has also taught professional responsibility as an adjunct professor at the University of Louisville Brandeis School of Law. Since his return to private practice in 2003, he has counseled and represented lawyers in a wide variety of ethical matters and has served as an expert witness and given opinion testimony regarding conflicts of interest, alleged unethical conduct, the unauthorized practice of law, and legal negligence. We are delighted he will speak at the LBA/AAML seminar on April 19 on Top Ten Ethical Risks for Domestic Relations Practitioners.
Those familiar with the blawgosphere know Ben Cowgill's Legal Ethics Newsletter. His latest post, KBA moves Client Assistance Program into Office of Bar Counsel, is of interest to all Kentucky practitioners, but especially to domestic relations attorneys, because they are especially vulnerable to bar complaints. However, much of his site is highly relevant to those interested in legal ethics all over the U.S., in all practice areas. Ben also publishes SoloBlawg, about technology-leveraged solo practice.

More On AAML/LBA Upcoming Seminar

On April 19, 2007 the Kentucky Chapter of the American Academy of Matrimonial Lawyers will welcome back James A. Hennenhoefer, Vista, CA, the President-Elect of the AAML. He will speak this year on Representing the Economically Disadvantaged Spouse. Also back by popular demand is Norman D. Levin, an AAML Fellow from Orlando, FL who will teach a session on law practice management. In a prior post we told you about Professor Mary Beck and David H. Levy presenting. A panel of Family Court Judges from Louisville, LaGrange, and Paducah will tell us their 10 Top Tips for Practitioners. We have more topics and speakers to announce soon. If you have not done so already, save the dates of April 19-20, 2007. We will post the registration brochure as soon as it is available. This CLE is likely to sell out quickly.

Kicking Off Our Next Decade With Cutting Edge Topics

The Kentucky Chapter of the American Academy of Matrimonial Lawyers is hosting its 10th annual seminar April 19-April 20, 2007 in Louisville. Highlights this year include:
Prof. Mary M. Beck, Missouri University Law School presenting "Fathers' Registries - Why Every State Needs One" and "Putative Fathers or Pop Up Pops" and David H. Levy, "Use and Abuse of Trusts and Other Financial Devices - A Perspective from Both Sides."
Prof. Beck works with legislators in multiple states and Congress to develop state and national adoption laws, and David H. Levy of Berger Schattz in Chicago is a prolific author and speaker in matters of divorce law. His presentation will include what we need to know about off-shore trusts.
Save the date. You'll soon be hearing more about others on this outstanding faculty.

16th Annual (KY) Domestic Relations Update

The 16th annual Domestic Relations Update will be February 23, 2007, 11-1 at the LBA, hosted by Hon. Richard A.Revell and yours truly. For blog readers, you already have the cases and digests. The best part of this CLE, though, is always the discussion about these cases. Click here for info on the seminar and how to register.

Tax Issues Relating to Asset Division in Divorce

Tax Issues Relating to Asset Division in Divorce, sponsored by the American Bar Association Section of Family Law and the Center for Continuing Legal Education will be presented Wednesday, January 24, 2007
The online session will cover the following:

Valuation issues in a closely held business
Tax issues relating to the asset division
Allocation of carryover tax attributes to include net operating losses, capital losses, passive losses
Alimony versus property settlements -- excess front loading
Home ownership and marital residence issues
Promissory notes in an asset division
Latest trend in splitting retirement plans
Section 529 Plan issues
IRS notice and recordkeeping requirements

Click here to register online.

National Family Law Symposium

The National Center for Family Law will be presenting the First National Family Law Symposium Sunday, September 16 – Tuesday, September 18, 2007 at the University of Richmond School of Law. It is designed for family law practitioners, judges, professors and mental health professionals interested in the law and social policies impacting families and children.
Presenters will include: Marc J. Ackerman, Ph.D, Clinical and Forensic Psychologist, Milwaukee, WI
Robert E. Emery, Ph.D, Professor of Psychology and Director of the Center for Children, Families, and the Law, University of Virginia, Charlottesville, VA
Catherine “Kit” Holland Peterson, AAML fellow, Norman, OK
Elizabeth E> Scott, Harold R. Medina Professor of Law, Columbia Law School, New York, NY
Lynn D. Wardle, Bruce C. Hafen Professor of Law, J. Reuben Clark Law School, Brigham Young University, Provo, UT
The cost is $425 before April 16, 2005 or $495 regular admission.
Registration can be made at http://www.vacle.org

AAML Annual Meeting CLE and Blogging About Seminars

The AAML annual meeting in Chicago was filled with the best yet CLE. I often return from these meetings feeling the material is indispensable; this year was over-the-top fabulous. I am not unaware of the furor in some circles about blogging the content of paid seminars over the internet. Of more concern to me is the possibility that blogging could chill the candid nature of the discourse. From the outset we have decided to post a synopsis of seminar content only with the approval of the speaker.
I did not even ask two of the fine presenters for permission to post about their remarks because it was obvious I would not have time to do their material justice and we may try to land a couple of them in Louisville for our seminar in April. I did ask Robert H. Mnookin, Williston Professor of Law, Harvard Law School; Director Harvard Negotiation Research Project, Chair, Steering Committee, Program on Negotiation, for permission to post about his talk, “Negotiation Techniques by the Expert”, Negotiating in the Shadow of the Law. A first for me, he asked me to email a draft to him and he said he'd email me back if OK. Since he is "in residence" in California for a year and is limited in his opportunity to travel, I will email him a draft and hope he OKs it. No point stepping on toes. It is exactly the negotiation and mediation content that we seem to desperately need in these parts.
P.S. If you think you missed a week of posts after this seminar was over on November 10, you are correct. Sick. Out for an entire week. Now swamped. Clients come first and there is catching up to do. In the spirit of this thankful season, though, doing the best you can is almost always good enough, and now I know to add health to the long list of things for which I am thankful.

AAML Chicago Seminar

You need not be an Academy Fellow to attend the outstanding seminars the AAML holds each November in Chicago and each March in some warm paradise. Attached is the registration form and here are some of the topics:
Thursday, November 9, 2006 Professor Robert Mnookin from Harvard will present Negotiation Techniques by the Expert
Friday, November 10, 2006 includes a program on alienation, Children Held Hostage
Saturday, November 11, 2006 will be devoted to tracing of assets and an update on same sex marriage and same sex unions.

ABA Family Law Section Seminar

Here's the registration form and the following is the line up for the ABA Family Law Section Seminar October 25-28, 2006 in Santa Fe:
Plenary Sessions:
Efficient Divorce Practice in the 21st Century:
Using Financial Advisors With Any Budget
A panel including financial advisors will explore strategies to use advisors in domestic relations matters and approaches to business valuation and lifestyle.
Phoenix Rising: Rebirth of a Family Law Practice
Learn to use new technologies to prepare for office and community level disasters and rebound quickly when disaster strikes.
The Art of Persuasion
This panel will teach you how to effectively present your client's position, both in oral and written form.
Committee CLE Programs:
Parent Coordinators: Who Are They and Can They Help?
Law Practice Marketing For Those Who Don't Like Marketing
The Second Season: Spending the Gold in the Golden Years
The Indian Child Welfare Act: What You Need to Know
The Role of the Lawyer in Relation to the Client: Boss, Humble Servant or Dr. Phil
Evidence Cranium
Bankruptcy: One Year Later
Defending the Accused: What to Do When Your Client is Accused of Domestic Violence
Avoiding Malpractice Pitfalls and Other Serious Legal Difficulties

NITA Family Law Advocacy Course

Modern Divorce Advocacy course marks NITA’s first foray into family law. I'd be very interested in hearing about the program from attendees. The excellent ABA Family Law Trial Advocacy Institute about which we've posted has such a limited enrollment that other such national programs are needed. Here's the NITA press release:
Louisville, Colo. (PRWEB) October 16, 2006 -- The National Institute for Trial Advocacy (NITA), recognized for more than 35 years as the nation’s leading provider of litigation skills training, today announced it is launching a new client advocacy initiative that employs NITA’s established learning-by-doing teaching techniques to train lawyers and other professionals to effectively represent clients throughout a divorce process. This innovative program marks NITA’s inaugural leap into mediation representation specifically for family law disputes.
“Divorce is such a multifaceted issue. There are complex ethical, financial and psychological components that attorneys, mediators, psychologists and financial experts must first understand in order to successfully advocate for affected clients,” program director and instructor Andrew Schepard said. “Whether in the courtroom or the mediation room, NITA’s experiential training methodology will prepare practitioners serving divorce clients for elements such as the presence of children, continuing relationships between spouses after divorce and the intense emotions that are unique to the marital dissolution process.”

Pauline Tessler and Peggy Thompson Coming to Kentucky to Teach Collaborative Family Law

November 1, 2006: Save the date. The Kentucky Collaborative Family Network is hosting a collaborative family law training featuring national gurus, Pauline Tessler and Peggy Thompson. Details to follow.