Schedule and Faculty

Monday, March 28

 

8:00 – 8:45 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

WELCOME

– Institute Co-Chairs Pamela J. Waggoner & Steven H. Snyder

9:00 – 9:45 a.m.

 KEYNOTE ADDRESS

Minnesota’s Courts and the Budget Crisis

The 2011 Family Law Institute is pleased to welcome Chief Justice Lorie S. Gildea as our keynote speaker. Chief Justice Gildea will address the impact of the state’s looming budget crisis on the court system.

– Chief Justice Lorie S. Gildea

9:45 – 10:30 a.m.

How Budget Cuts are Affecting Our Courts and the Practice of Family Law: A Judicial Panel Discussion

An in-depth discussion of how budget cuts may impact the practice of family law around the state and what family lawyers can do to assist the judiciary to diminish the threat the shrinking budget has on the practice of family law and the families we serve.

– Judge Leland O. Bush, Judge Marybeth Dorn & Judge Sally L. Tarnowski
– Judge James T. Swenson (moderator)

10:30 – 11:00 a.m.

BREAK

11:00 – 12:00 p.m.

Thou Shalt Not Lie, Cheat or Steal: The Ten Commandments for Avoiding Ethical Problems as a Lawyer

1.0 ethics credit

Far too often, legal ethics seminars are filled with convoluted hypos that demonstrate conflicts of interests and ethical dilemmas that will never occur in the real world. Yet, the truth of the matter is that legal ethics really isn’t that complicated. There are a few very basic things that lawyers must do (and not do) to avoid disciplinary problems. In this presentation, Mr. Carter delivers a "sermon" on The Ten Commandments for Avoiding Ethical Problems as a Lawyer.

– Sean Carter

12:00 – 1:15 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE)

1:15 – 2:15 p.m.

 BREAKOUT SESSION A

 

1. Divorce from Start to Finish: Pleadings

The presenters will discuss information gathering, drafting and other important considerations at the beginning of the case.

– William Casey, Judith Oakes, Rebecca M. Picard, Nancy Zalusky Berg & David C. Gapen
– Karen T. Kugler (moderator)

 

2. Closure and Uncoupling Therapy: What Family Lawyers Should Know

Closure therapy is a process in which parties involved in divorce or relationship dissolution can disengage emotionally and focus on forgiveness, acceptance and moving forward. It is a time-limited process of 4-6 sessions that includes meeting together and individually, reading, journaling and creating a commitment to relate differently. It is particularly helpful for high conflict couples who are emotionally and financially exhausted and are motivated to change their relationship dynamics.

– Karen K. Irvin & Judy R. Sherwood

 

3. Antenuptial and Postnuptial Agreements: Careful Drafting in the Event of Litigation

Practitioners need to be careful when drafting antenuptial and postnuptial agreements to make sure they are enforceable and have the intended result. This session will address how to draft antenuptial and postnuptial agreements that comply with procedural and substantive fairness requirements while making sure your client gets the intended result.

– James J. Vedder

 

4. Spousal Maintenance Modification

How do you know when it is the right time to seek modification of a spousal maintenance obligation? You will learn the legal standard for spousal maintenance modification with an examination of case law, statutes and practice tips.

– Ben M. Henschel & Joani C. Moberg

 

5. Family Law Neutrals: What They Can and Can’t Do

1.0 ADR credit applied for

Divorces often involve professionals beyond just the lawyers and the judge, such as parenting time expeditors, parenting consultants, custody evaluators and guardians ad litem. What authority does each have? How are they appointed or selected? Can they testify? Are their notes discoverable? How are their roles defined and limited by the courts or the parties? Attend this presentation for answers to these questions and your own.

– Angie Banga

 

6. 7 Things Every Family Lawyer Should Know About Juvenile Court

– Jody M. Alholinna

 

7. Divorce Issues When Representing Business Owners

Unique issues arise when a business owner is a party in a divorce action, including working with the owner’s employees and corporate counsel, minimizing the disruptions to the ongoing business, as well as the normal issues related to valuing the business and determining income available for child support and spousal maintenance. An experienced family lawyer and financial expert will review the special issues in these complicated cases: advance planning that can be done; special confidentiality, valuation and property division issues; the importance of legal documents; and special care needed to avoid problems when representing the business owner.

– Stephen G. Dennis & Edward L. Winer

 

8. How to Prepare and Argue Motions in Family Court

Valuable advice on family law motion practice from two district court judges.

– Judge Sharon L. Hall & Judge Stephen M. Halsey

 

9. This May Not Be Florida, but It Isn’t Texas, Either: Same-Sex Divorce in Minnesota

Last year, a Hennepin County District Court granted a declaratory judgment to two female Minnesota residents who had been legally married in California prior to moving to Minnesota. The court declared the two women to be "single individuals." This session will discuss declaratory judgment and other possible legal paths to dissolve a same-sex marriage in Minnesota.

– David E. Ahlvers & Morgan Holcomb

 

10. Virtual Law Offices, Real Ethics Rules

1.0 ethics credit applied for

Technology changes much faster than the Rules of Professional Conduct. Eric Cooperstein will fire up his scanner and discuss the ethical implications of paperless offices and so-called "virtual" law practices.

– Eric T. Cooperstein

 

11. Cleaning Up the Stress Mess: Stress Management Advice for Family Lawyers

Have you ever found yourself so stressed out at work that you’ve had to lock yourself in your office and say the Serenity Prayer? "Lord, grant me the serenity to accept the things that I cannot change, the courage to change the things that I can, and the wisdom not to punch opposing counsel in the parking lot." If so, then perhaps you need to hear Sean Carter’s tips on how to clean up the stress mess. Let’s face it. Being a legal professional is not easy. The demands of dealing with judges, clients, and opposing counsel can make even the most balanced person want to go "legal." In Cleaning Up the Stress Mess, Mr. Carter draws on his decade of experience in both law firms and in-house legal departments to share his advice for building a more stress-free career.

– Sean Carter

 

12. Safety Practices for Family Lawyers

Family lawyers and staff, who interact daily with the public, need to identify personal safety issues. In the context of the attack on lawyer Terri Melcher, this session will focus on domestic violence lethality factors as well as methods of lowering risk. 

– Judge Mary Louise Klas, retired & Cynthia Vermeulen

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

 BREAKOUT SESSION B

 

13. Divorce from Start to Finish: Discovery

The presenters will discuss written discovery in divorce cases and demonstrate a deposition.

– William Casey, Judith Oakes, Rebecca M. Picard, Nancy Zalusky Berg & David C. Gapen
– Karen T. Kugler (moderator)

 

14. Child Support in Split-Custody Situations

Minnesota law does not specifically state how to calculate child support when the parents have split custody of their children, that is, when each parent has at least one, but not all of the children, for most of the overnights in a year. Various approaches from other states will be presented using the Minnesota Child Support Guidelines.

– Magistrate Jodie Metcalf & Pamela J. Waggoner

 

15. Hot Topics in Farm Divorces

Are stored crops or unsold agricultural produce that are divisible in a property settlement also includable in calculating farm income? Why or why not? What is economic depreciation? How it is calculated? How do you challenge it? Do self-employment income calculations differ for maintenance and child support? 

– Raymond Walz

 

16. Top 10 Tricky Tax Topics in a Divorce

Why would my client want to pay non-deductible spousal maintenance? How do we handle all of these loss carryovers? When can my client deduct interest on a property settlement? All of these questions and more will be answered by Tom Harjes, CPA/ABV/CFF, CVA, and Adam Landvik, CFP, CDFA.

– Thomas W. Harjes & Adam Landvik

 

17. Low-Cost Alternatives to Trial: Arbitration and Consensual Special Magistrates

1.0 ADR credit applied for

With the courts underfunded and overwhelmed, family lawyers may want to consider divorce arbitration or the appointment of a CSM. Learn when these alternatives are appropriate in family cases and the advantages and disadvantages of each.

– Stephen B. Schmidt

 

18. 7 Things Every Family Lawyer Should Know About Criminal Law

– Jason C. Kohlmeyer

 

19. Retirement Benefit Twists and Turns: Not Just Filling in a Form

In-depth discussion of some advanced and unusual considerations in dividing retirement benefits in your cases. How to determine the survivor benefits available and how to draft orders to address them. How to divide IRAs, deferred compensation and government plans. QDRO timing and other issues.

– Thomas M. Hughes

 

20. How to Draft an Order for the Court’s Review

Attend this session for valuable drafting tips from a family court referee.

– Referee Timothy T. Mulrooney

 

21. Cohabitation Agreements and Other Planning Issues for Non-Traditional Families

Planning for unmarried couples is especially important as more couples don’t marry because of choice or legal inability. This session will focus on planning for these couples, including providing legal protections with legal documents and important related tax planning. 

– Shane Swanson

 

22. Ethically and Effectively Working with Pro Se Litigants

1.0 ethics credit applied for

Attorneys have ethical duties and boundaries when representing a client against a pro se party and a trial court has a duty to ensure fairness to a pro se litigant. Where does that leave you when you are the only attorney involved? Participants will gain a better understanding of the ethical considerations involved when representing a client against a pro se party, the legal information they can provide to an opposing pro se party, what the Court might expect of them as the only attorney involved, how the Court might treat the opposing pro se party, and tips for managing and presenting a case when a pro se party is involved.

– Walter W. Burk, Judge William H. Koch & Regina A. Wagner
– Deborah M. Gallenberg & Katie C. Ketcher (moderators)

 

23. Maintaining Boundaries in Family Law Practice

Do you give clients your cell phone number? Do you work for clients who are not paying you? Do you accept gifts from clients? Have you ever represented a friend or family member in a divorce? There are no right answers, but using audience voting technology, you can share your opinions on these important practice questions and participate in the discussion with the panel.

– Jill I. Frieders, Scott M. Rodman & Lymari J. Santana
– Jack E. Setterlund (moderator)

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

 BREAKOUT SESSION C

 

24. Divorce from Start to Finish: Social Early Neutral Evaluation

1.0 ADR credit applied for

The presenters will demonstrate a social ENE.

– William Casey, Judith Oakes, Rebecca M. Picard, Nancy Zalusky Berg, David C. Gapen, Susan De Vries & Michael J. Goldfarb
– Karen T. Kugler (moderator)

 

25. Developing Creative Parenting Time Schedules

Dr. Harrington will discuss variations on the traditional parenting time schedule that fit the schedules of both parents and meet the developmental needs of the children involved.

– Beth Painter Harrington

 

26. Handling Military Family Law Cases: Navigating the Booby Traps and Minefields Without the Flak Jacket

In today’s military operating environment, it is more likely than ever that practitioners will deal with Servicemembers as clients or opposing parties. Do not miss this riveting presentation which will help practitioners avoid malpractice traps and understand the common issues in family law cases involving military members. Topics including the Servicemembers Civil Relief Act, specific jurisdictional issues, pension division, military pay, and child support, as well as the various benefits available to service members and their families. 

– Johanna Clyborne & Captain Lyndsey M.D. Olson

 

27. Advanced Property and Maintenance Issues

Lump sum maintenance, unequal property awards, and other atypical financial issues will be explored. Of particular importance will be suggestions from other sophisticated attorneys who have tried and settled cases that fall outside the more usual parameters. We will consider both creative settlement options and techniques for getting courts to listen to requests for lump sum maintenance and unequal marital property divisions while looking at such techniques as alternatives and/or in addition to invasion of nonmarital property under ‘unfair hardship’ standards.

– Judge Stephen C. Aldrich, retired & Jana Aune Deach

 

28. Preparing Your Clients for ICMCs, SENEs and FENEs

1.0 ADR credit applied for

Advice from a judicial officer, a therapist and a financial expert on the best practices for preparing your clients for these new settlement processes.

– Referee Mary Madden, Judy R. Sherwood & Dax V. Stoner

 

29. 7 Things Every Family Lawyer Should Know About Estate Planning and Probate

– Michael P. Sampson

 

30. Spousal Maintenance in 2011

Minnesota has seen many changes, and changing tides, in the issue of spousal maintenance over the years. This session will explore the latest in court decisions, tax effects, settlement scenarios and negotiation techniques.

– Gerald Williams

 

31. How to Cross-Examine Parties and Experts in Divorce Trials

Advice from an experienced litigator on the art of cross-examination, including tips on strategy, preparation and handling objections.

– Susan M. Lach

 

32. How to Ethically Collect Fees from Clients

1.0 ethics credit applied for

Even the best lawyers cannot succeed unless their clients pay their invoices. This session will focus on the best practices for ethically drafting fee provisions in representation agreements, managing retainers and using various fee collection tools.

– R. Leigh Frost & Dan Van Loh
– Eric T. Cooperstein (moderator)

 

33. Can’t We All Just Get Along?

1.0 elimination of bias credit applied for

In this provocative and entertaining presentation, Mr. Carter explores the issues involved in recruiting and retaining minority and women employees. More importantly, he debunks some of the common myths surrounding the issue of diversity: Why "politically correct" behavior is anything but correct; Why green is everyone’s favorite color; Why diversity must start from the bottom up.

– Sean Carter

 

34. Managing High-Conflict Family Law Disputes as Problem Solvers

Lawyers should be first and foremost problem solvers. This is never more evident than in high conflict family law matters. The two speakers will present and discuss the variety of roles and approaches that attorneys take in their family law practices and offer practical suggestions for being better problem solvers regardless of the level of experience of the individual attorney.

– Gary A. Debele & Zachary Kretchmer

4:45 – 5:45 p.m.

Reception Sponsored by Our Family Wizard

All 2011 Family Law Institute attendees are invited to stay for refreshments, snacks and conversation with faculty, colleagues and friends.

 

Tuesday, March 29

 

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 11:30 a.m. (includes 15-minute break)

Annual Case Law and Legislative Update

A comprehensive review of the most important cases and the latest legislation, issues and trends in family law.

– Michael D. Dittberner, Bruce D. Kennedy, Dana McKenzie & Suzanne M. Remington

11:30 – 11:45 a.m.

QUESTIONS & ANSWERS

11:45 – 1:00 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE)

1:00 – 2:00 p.m.

 BREAKOUT SESSION D

 

35. Divorce from Start to Finish: The Trial

3-hour session

The presenters will demonstrate a divorce trial, including direct and cross-examination of witnesses.

– William Casey, Judith Oakes, Rebecca M. Picard, Nancy Zalusky Berg, David C. Gapen, Donna Cairncross, Karen Kritta & Jan Lowe
– Karen T. Kugler (moderator)

 

36. Child Support and Expedited Process Panel

2-hour session

– Magistrate Jan Craig Nelson (moderator)

  • When Should County Attorneys Be Involved in Dissolution of Marriage Cases?
    – Melissa A. Rossow

  • How to Calculate Income for Those Receiving Military Pay
    – Steven S. Collins

  • Recent Developments in the Parenting Expense Adjustment
    – Magistrate Steven J. Running

  • When and How to Argue Deviation Factors in Child Support Cases
    – Magistrate Maria K. Pastoor

37. Valuing the Small Business in Divorce

The appraisal of a small business in a divorce setting has its own set of issues and challenges. Learn about the special treatment of certain issues in small company valuation, including data collection, key person treatment, personal goodwill, and current cap rates, as well as Minnesota precedent and its impact from an appraiser’s point of view.

– Patrick K. Schmidt

 

38. Understanding and Making Use of Mental Health Testimony in Family Court

This presentation will address the general area of better understanding and effectively using mental health testimony in family law. Specific topics will include credentials, qualifications, and expertise of mental health experts, limits of mental health testimony, the significance of mental health diagnoses and the use of psychological testing in family court. We will discuss ways to make mental health data legally useful and effective questioning of mental health experts on direct and cross examination.

– Scott A. Fischer

 

39. Negotiating and Litigating International Child Abduction Cases

In a dynamic, multicultural society such as ours, it is becoming more common for child custody disputes to cross international borders. International child custody disputes require an understanding of the Hague Convention on the Civil Aspects of International Child Abduction, the Uniform Child Custody Jurisdiction and Enforcement Act, and the practicalities of enforcement of foreign orders on custody and parenting time. Learn how to navigate the intricacies of international child custody to be able to negotiate the return of a child or litigate the dispute in state or federal court.

– Allison W. Maxim

 

40. The Effect of Federal Health Care Legislation on Family Law

The presenter will discuss the 2010 National Healthcare Law – Individual Health Insurance – Mandate, Subsidy, Penalty – and how it affects family law matters, including marital termination agreements, dissolution of marriage judgments and decrees, and child medical support orders.

– Ronald B. Sieloff

 

41. Digital Forensics: How Producing Text Messages and Facebook Can Assist with OFPs, Restraining Orders, and Discovery in Divorce Cases

New technology relentlessly thrusts itself into the lives of our clients and their families and many of them adopt it with gusto. Do you find yourself ignoring potentially revealing sources of evidence due to the challenges of keeping up with it? This session will show the value of digital forensic approaches for collecting hard-to-find, but relevant evidence that can make the difference for your clients. Come and learn what family attorneys need to know about mobile phones and Facebook in 2011.

– John J. Carney

 

42. Refresher Training for Financial Early Neutral Evaluators

2-hour session
2 ADR credits applied for

A fast-paced review of the fundamentals of FENEs designed for evaluators who have completed the initial FENE training. The session will cover gathering information, affording parties an opportunity to be heard, formulating an evaluative opinion, and delivering the message. It will also offer an opportunity for evaluators to discuss and share strategies for overcoming common issues in FENEs.

– Kevin McGrath & Tanja K. Manrique

 

43. Intimate Partner Violence Best Practices: The Uniform Collaborative Law Act Raises the Bar for Lawyers, Mediators, and Early Neutral Evaluators

The proposed Uniform Collaborative Law Act (UCLA) breaks new ground by creating statutory domestic violence-related obligations for collaborative lawyers.  Participants will become familiar with the new provisions and explore the extent to which they embody best practices for family lawyers (collaborative and non-collaborative), mediators, and early neutral evaluators. No matter what your role, a new definition of domestic violence and clarified professional obligations may be coming your way – are you ready?

– Nancy Ver Steegh

 

44. Cultural Marriage and Divorce in Minnesota: Implications of Ceremonial Practices Occurring Within and Outside the State

2.0 hour session
2.0 elimination of bias credits applied for

The goal of this session is to further explain intricacies in the Islamic and Hmong cultural marriage and divorce practices, and how cultural considerations may impact client decisions at the time of the initiation or dissolution of the marriage. A panel of four attorneys will address how to verify the legality of a marriage occurring outside the United States, look at the reasons why individuals may choose cultural marriage as opposed to a "legal" marriage within the state, and examine how cultural marriages are analyzed by the state when arising in issues of child custody, child support and domestic violence.   

– Anna P. Andow, Ilean Her & Imani Jaafar-Mohammad
– Kirsten L. Olson (moderator)

 

45. Law and Literature Discussion – Ethics #1

1.0 ethics credit applied for
Limited to 25 participants. Pre-registration required.

This innovative program uses literature as well as the experiences of the participants to foster discussion of ethical issues facing family lawyers. The reading for this session is "Witness" by Madison Smartt Bell. Materials will be mailed in advance to the first 25 who register for this session. Check the place on the registration form to ensure your place in this special session.

– Timothy J. Baland & Gary A. Debele

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

 BREAKOUT SESSION E

 

Divorce from Start to Finish: The Trial, cont.

Child Support and Expedited Process Panel, cont.

Refresher for Financial Early Neutral Evaluators, cont.

Cultural Marriage and Divorce in Minnesota, cont.

 

46. Bankruptcy and Divorce: Winning Strategies for Dealing with Debt

Can child support and alimony be discharged? How can I force the other side to pay the marital debt? Is there any way to protect the cabin/boat/car in a bankruptcy? How should tax debt be divided? Should my client file for bankruptcy before or after filing for divorce? How can I protect my fees if my client files for bankruptcy protection? Answers to these questions and yours.

– Barbara J. May

 

47. Evidence in Family Cases

Advice for handling evidentiary issues in motion practice, trial and appellate practice, and tips for avoiding errors commonly made by family lawyers.

– Judge Edward Toussaint

 

48. Revisiting Parenting Plans for Young Children

Whether parents are divorcing or were never married, working out parenting plans for very young children can be challenging. Child development experts will present essential information about factors to consider in helping clients to set up plans that really are in the child’s best interests. The presentation will cover the most recent research on what young children need in parenting schedules.

– Kirsten Lysne & Mindy F. Mitnick

 

49. Mortgages, Foreclosures and Shortsales: Real Estate in a Troubled Economy

– Kevin J. Dunlevy

 

50. Family Law Practice: There’s an App for That

1.0 law office management credit

Join a group of tech-savvy lawyers for a roundtable discussion of the latest gadgets and apps for family law practice. Come prepared to share your favorite app, tool or tip.

– Thomas W. Tuft

 

51. Having the Tough Conversation About Coercive Controls and Abuse in Your Client’s Intimate Relationship: Increasing Your Interviewing Comfort Level

Recent research on the presence and impact of coercive controlling intimate relationships, some of which include sexual or physical violence, increases our understanding of how important it is that attorneys be able to ask about and discuss these critical and often unexplored issues with clients. There is a wide range of abusive behaviors and the presence of coercion in relationships can have dramatic effects on the client’s actual legal and practical needs and the attorney-client relationship. This session will introduce the participants to new tools for having the difficult but critical conversations that are more likely to expose clients’ real needs.

– Loretta M. Frederick

 

52. Law and Literature Discussion – Ethics #2

1.0 ethics credit applied for
Limited to 25 participants. Pre-registration required.

This innovative program uses literature as well as the experiences of the participants to foster discussion of ethical issues facing family lawyers. The reading for this session is "Shooting an Elephant" by George Orwell. Materials will be mailed in advance to the first 25 who register for this session. Check the place on the registration form to ensure your place in this special session.

– Timothy J. Baland & Gary A. Debele

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

 BREAKOUT SESSION F

 

Divorce from Start to Finish: The Trial, cont.

 

53. Representing a Disabled Client or Protecting a Dependent Disabled Child

This presentation explores strategies for protecting maintenance, child support, and property settlements while preserving Medical Assistance and SSI benefits in a dissolution proceeding for clients over the age of 65, blind, or disabled or who have disabled children.

– Cathryn D. Reher

 

54. Preparation of a Cash Flow Analysis for Self-Employed Individuals

Self-employed individuals have unique circumstances that yield various sources of cash flow. Learn to identify the various sources and understand the differing tax consequences of each. Sources include W-2 compensation, pass-through income, distributions, shareholder loans, passive real estate investment, and personal expenses paid by their businesses.

– Jennifer L. Loeffler

 

55. Trying a Custody Case on a Shoestring Budget

– Referee James J. Street

 

56. Managing Complex Non-Marital Issues

Marital dissolutions invariably include non-marital claims made by one or both divorcing parties. The calculation of these claims can be quite complex. This session will provide expert insight regarding advanced aspects of non-marital claims from a financial perspective.

– Rick C. Berning & John H. Heidebrecht

 

57. Knowing the Law: The Top 10 Minnesota Family Law Cases Every Attorney Should Know

A review of the top 10 cases and their progeny that every family law attorney in Minnesota should know by heart. There will be a lively discussion of how these cases can affect your practice on a regular basis, including, but not limited to, court appearances, during settlement discussions with opposing counsel and at mediation. A helpful introduction for new attorneys, or a review for more experienced litigators.

– J. Lee Novelli & Michele K. Schorbahn

 

58. Family Law Appellate Mediation: The Program and the Process

1.0 ADR credit applied for

Judge Klaphake and the Family Law Mediation Program Coordinator will discuss how the appellate mediation program works, what the results have been, and how you can best represent your clients in the process.

– Maggie Hawkins & Judge Roger Klaphake

 

59. Law and Literature Discussion – Elimination of Bias

1.0 elimination of bias credit applied for
Limited to 25 participants. Pre-registration required.

This innovative program uses literature as well as the experiences of the participants to foster discussion of bias issues facing family lawyers. The reading for this session is "Change" by Stuart Massad. Materials will be mailed in advance to the first 25 who register for this session. Check the place on the registration form to ensure your place in this special session.

– Timothy J. Baland & Gary A. Debele