Schedule and Faculty

Tuesday, March 23

 

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 – 11:00 a.m.

Personality Disorders: How to Help the Most Difficult Litigants Without Losing Your Mind

Legal professionals and judicial officers deal with difficult, personality-disordered clients and litigants every day. The stress of Family Court proceedings often brings out the worst in these troubled people. Through demonstration, discussion, and practical application, this session will refine your skills in spotting the most common personality disorders quickly. You will learn basic techniques for handling personality-disordered people in the office and courtroom. You will improve your strategies for helping them navigate the Family Court process while minimizing your own stress. The session will emphasize Cluster B disorders – the Dramatic and Emotional – especially Borderline Personality Disorder.

– David McPhee, Ph.D

11:00 – 11:30 a.m.

BREAK

11:30 – 12:30 p.m.

 BREAKOUT SESSION A
 

1. The Basics of Client Relations: Handling the Initial Client Call and Meeting

– Rodney H. Jensen

 

2. Interstate and International Custody and Parenting Time Issues

Repeated at session 53

This seminar will provide both a concise overview of the legal considerations and a helpful outline of how to proceed when that interstate or international custody or parenting time dispute comes into your office. The goal will be to provide practical direction on how to address these increasingly common and often complex legal disputes. 

– Gary A. Debele

 

3. How, What and When Parents Should Tell Children About Their Divorce

Repeated at session 45

Telling the kids you’re getting a divorce is right up there with telling them about the birds and bees for most parents. Two experienced child therapists talk about how to answer your clients’ questions on timing, setting, cast of characters, the words to use, and the words to avoid. Factors to be discussed include the child’s age, domestic violence, and parents’ physical separation.

– Peggy Cottrell & Susan De Vries

 

4. Health Care Coverage and Family Law – Complicated Enough Without Any Federal Reform

Does federal or state law apply to your case? What is the correct cost of coverage? How long is the coverage available? What about the kids? What’s a "self insured" plan? What difference does it make as to what type of health plan it is? Attend this session for answers to these difficult coverage questions.

– Thomas M. Hughes & Tina Armstrong

 

5. The Rules of Family Court Procedure: Are They Changing?

In October 2009, judges, court administrators and lawyers from around the state gathered to discuss potential changes to the Rules of Family Court Procedure. Learn about the discussion and where it might go from here. 

– Susan C. Rhode & Debra E. Yerigan

 

6. Effective Use of Neutrals

1.0 ADR credit applied for

Neutrals are being used on more cases now than ever before. Find out how to cost-effectively utilize experienced financial, parenting, and ADR neutrals to resolve family law issues.

– Thomas W. Harjes & Steven Schmidt

 

7. A New Regime in Power: 2010 Tax Law Update for Family Lawyers

Discover the latest developments in the tax law and how they will impact your divorce cases.

– Stephen G. Dennis

 

8. Division of Business Goodwill in Light of Baker v. Baker

Repeated at session 58

The division of business goodwill in marital dissolution can be complicated, and while subjective, is dependent on several discrete factors. The session leader was involved as a neutral business appraiser in the seminal Baker case. He will discuss the common factors to consider when dividing business goodwill in a marital dissolution setting.

– Patrick K. Schmidt

 

9. When Bad Things Happen to Good Lawyers

1.0 ethics credit applied for

From embezzlement of funds to office fires, hear how unexpected events can affect your law practice, and what your ethical responsibilities are when they occur.

– Edward F. Kautzer & Linda A. Olup
– Dana McKenzie, moderator

12:30 – 1:30 p.m.

LUNCHEON (provided by Minnesota CLE)

1:30 – 2:30 p.m.

 BREAKOUT SESSION B

 

10. The Basics of Child Support

– Laurie A. Mack & Lymari J. Santana

 

11. Judges’ Panel on Joint Physical Custody

Four judges from around the state discuss the implications of creating a presumption of joint physical custody for divorcing families in Minnesota.

– Judge Stephen C. Aldrich
– Judge Sharon L. Hall
– Judge Thomas M. Neuville
– Judge Linda S. Titus
– Marna L. Anderson, moderator

 

12. Dealing with Bullying Family Lawyers and Clients: Why Do They Act That Way and What Can I Do About It?

Workplace trainer and consultant, Fran Sepler explores commonly asked questions about litigation bullies and their behavior, including: What are some common traits of litigation bullies? How common is bullying by adults? Can you set rules for interacting with bullies to limit or discourage their bullying behavior?

– Fran Sepler

 

13. The Impact of Divorce on Medical Assistance and Estate Planning

Is divorce legitimate or necessary when people want to protect marital assets from being dissipated for nursing home care and medical care? How and when are they structured? When should divorce lawyers refer clients to elder law specialists? How does a divorce affect an estate plan? When should divorce lawyers consult with an estate planning attorney? On what topics? How are living trusts, irrevocable trusts, health care directives and short form durable powers of attorney affected by divorce?

– Stuart E. Schmitz

 

14. Keynote Follow-Up: Personality Disorders Workshop

Through demonstrations and role plays, Dr. McPhee will engage the participants in a deeper exploration of the themes raised in his keynote presentation.

– Dr. David McPhee

 

15. Hot Topics in Family Law ADR

1.0 ADR credit applied for

Hot topics for 2010 include confidentiality in mediation, attorneys as consumers of ADR, what documents you should bring to mediation, domestic violence issues, and more.

– Susan S. Chambers, Maureen Holman & Chris Leick
– Ellen A. Abbott, moderator

 

16. 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

 

17. What Happens to Spousal Maintenance When an Obligor Retires? 

The landmark Nardini decision established a precedent that favored permanent spousal maintenance. Now, just over 20 years later, the post-Nardini obligors are retiring, prompting a spate of spousal maintenance modification requests. Explore the legal standard for reduction and elimination of spousal maintenance on retirement, particularly in the wake of Lee and Hemmingsen.

– Ben M. Henschel & Joani C. Moberg

 

18. Evidence for Family Lawyers

2-hour session

An evidence tool-kit for the family law advocate that will explore general principles and particular problems of judicial discretion, relevancy, Rule 403 exclusions, waiver of error, foundation, opinion evidence, impeachment, best evidence and hearsay. The focus will be on recurring evidentiary issues and solutions in the family law context.

– Judge Gordon W. Shumaker

 

19. Enough is Enough: The Ethics of Closing a File

1.0 ethics credits applied for

At some point, every lawyer has a client they would like to divorce. But no one wants to leave their client in the lurch, let alone risk an ethics investigation. Learn how the ethics rules regarding withdrawal apply to clients who do not pay their fees, fail to follow orders (yours and the court’s!), and are just too difficult to work with. 

– Eric T. Cooperstein

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

 BREAKOUT SESSION C

 

Evidence for Family Lawyers (cont.)

 

20. The Basics of Spousal Maintenance

– William Casey

 

21. Smokescreen or Fire: Assessing Allegations of Sexual Abuse During Parenting Disputes

2-hour session

Assessing allegations of child sexual abuse during parenting disputes offers one of the most difficult challenges facing professionals who work with families. This presentation will look at the different contexts in which allegations arise and the impact of context on evaluating the reliability of the allegation. Research on founded and unfounded allegations will be presented, offering an alternative view to the commonly held misconception about the frequency of false reports. We will review assessment protocols in these cases and specific techniques to assist in representing clients in these contentious cases. The presentation will focus on the appropriate roles of professionals involved in these cases and how to avoid "tribal warfare" among the interveners.

– Judge Kathleen R. Gearin & Mindy F. Mitnick

 

22. Recognizing and Working with the Victim of Stalking

2-hour session

Stalking is often misunderstood, minimized or missed entirely. Participants will learn about the crime of stalking; including stalking law, behaviors, prevalence and lethality. Training about the impact of stalking on victims and ways practitioners can incorporate threat assessment and safety planning into their work.

– Dierdre Keys

 

23. Watch Out for the Potholes – 10 Commonly Missed Issues in Property Awards of Retirement Benefits and the QDROs that Follow

– Mary Kate Kelley-Scheidler

 

24. Co-Parent Court: A New Hennepin County Initiative for Low-Income, Unmarried Parents

Family courts now see many more unmarried than married parents, yet specialized services for the distinct challenges faced by these parents are rare. Hennepin County Judge Bruce Peterson and community partners will discuss unmarried parenting and describe how Hennepin County’s newest problems-solving court is attempting to meet this need. Participants at this workshop will obtain a better understanding of the characteristics of unmarried parents, the legal and social issues they present, and some of the strategies to support co-parenting, including the most current curriculum developed specifically for unmarried parents.

– Judge Bruce A. Peterson

 

25. Update on Early Neutral Evaluation Programs Around Minnesota

1.0 ADR credit applied for

Join four judicial officers for an update on new ENE programs around the state; including Ramsey County, Anoka County, Washington County and St. Louis County. 

– Judge Sharon L. Hall, Referee Mary Madden, Judge Sally L. Tarnowski & Judge Richard C. Ilkka
– Jack E. Setterlund, moderator

 

26. Dealing with Foreclosure, Short Sales and Deeds in Lieu of Foreclosure in Minnesota

This will be highly interactive presentation on the basics of the foreclosure process and alternatives thereto (such as deeds in lieu of foreclosure and forbearance agreements) that lenders may utilize, and property owners need to understand when in default.  Come learn what family law practitioners need to know about foreclosure, short sales, and selling/purchasing foreclosed real estate. This presentation will prepare you to spot the issues so you can discuss those issues with your clients. 

– Thomas F. Alexander

 

27. Family Law Confidential: Sealing Court Files and Protecting Sensitive Information 

The panel will discuss how to seal court files, and how to best protect a client’s sensitive information using Minnesota General Rule of Practice 308.03. They will also discuss what is and is not protected in mediation and what steps attorneys and mediators can take to ensure the confidentiality of mediation records.

– Alan C. Eidsness, Judge Tanya K. Manrique & Steven B. Schmidt

 

28. Hot Ethics Issues for Family Lawyers: Fees, Retainers, Credit Cards and More

1.0 ethics credits applied for

Office of Lawyers Professional Responsibility attorney, Patrick Burns, explains the rules and best practices for charging fees and retainers, accepting credit cards, and other important accounting issues. Plus, he will answer your questions about these hot topics.

– Patrick R. Burns

3:45 – 4:00 a.m.

BREAK

4:00 – 5:00 p.m.

 BREAKOUT SESSION D

 

Assessing Allegations of Sexual Abuse (cont.)

Working with the Victim of Stalking (cont.)

 

29. The Basics of Property Division

– Bruce D. Kennedy

 

30. Status Report on Health Care Reform and Its Potential Impact on Family Law

The Director of the Health Law Institute at Hamline University’s School of Law discusses the status of the health care reform legislation and how it might affect family law issues; including insurance costs, health care continuation coverage, and more.

– Lucinda E. Jesson

 

31. Dealing with Difficult People – Clients, Opposing Counsel, Pro Se Litigants, Involved Professionals and Oppositional Children

How to retain your compassion, your composure, and your civility when representing revengeful, raging clients and working with cranky, caustic counsel as well as overworked, underappreciated judges. 

– Mary C. Lauhead, Dr. David McPhee & Susan D. Olson
– Ann B. Barker, moderator

 

32. Identifying and Resolving Tax Controversies with the IRS

What do you do with an outstanding tax liability to the IRS or the Minnesota Department of Revenue (MDR) that is owed by one or both of the parties to the divorce? How does it play into the calculations of resolving a case? How do the claims and liens by the IRS and the MDR encumber the marital and non marital property? Knowing your client’s options and his or her spouse’s options for dealing with outstanding tax obligations is important to obtaining the best result for your client. This presentation will provide you with a broad view of the many ways to resolve these obligations and protect your client.

– Thomas M. Regan

 

33. 2010 Nonmarital Case Law Update

How can you successfully present nonmarital claims and tracing following the Baker decision? This year’s update will cover recent decisions addressing nonmarital claims including the Baker decision. Several examples will be provided demonstrating tracing methods you may wish to consider in your cases.

– Thomas W. Harjes & Ben M. Henschel

 

34. Managing Documents in Complex Family Law Litigation

Document and discovery management has become a significant challenge and one which can be extremely costly. Attend this practical presentation on document management in complex cases with extensive documents and discovery; such as cases with multiple and complex nonmarital claims, cases where there has been substantial dissipation of marital assets, and cases where the establishment of the marital standard of living requires assembling records from multiple accounts.

– Marilyn J. Michales

 

35. How to Effectively Represent Clients in Early Neutral Evaluations

1.0 ADR credit applied for

Learn how to effectively represent clients in the non-traditional context of Social and Financial Early Neutral Evaluations, from assessing the case, being prepared as an advocate, preparing the client, and then successfully participating in the process.

– Referee Kevin McGrath, Joani C. Moberg & Thomas W. Tuft

5:00 – 5:30 p.m.

RECEPTION

All 2010 Family Law Institute attendees are invited to stay for refreshments, snacks and conversation with faculty, colleagues and friends.

 


Wednesday, March 24

 

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

9:00 – 11:45 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, Eugene L. Kubes, Dana McKenzie, Glen A. Norton & Suzanne M. Remington

 

 ALTERNATE SESSION

Time Management Skills for Family Lawyers

2.5 law office management credits applied for

  • Managing E-Mail Overload
    Are you overwhelmed with the volume of e-mail you receive daily? Is your BlackBerry or I-phone always with you, vibrating constantly? E-mail has become the primary method of external and internal communications for law firms. It can be a valuable tool or a productivity-sapping burden, depending on how well it is managed. This program helps you cope with the deluge of e-mail and develop systems for managing your in-box, storing e-mails effectively for future retrieval and coordinating time sensitive e-mails with your calendar. Explore the impacts of always being connected and multitasking on your productivity. The program will address tools available in Outlook to get control of your e-mail.

  • Overcoming Procrastination – How to Kick the Habit
    Procrastination creates undue stress. Delaying work can be a form of self-sabotage, affect productivity and result in errors. This session will focus on helping lawyers to complete work with more control and less crisis management. Attendees will learn: how to recognize your individual style of procrastination and overcome it; how to break down legal work into component parts so it doesn’t appear so overwhelming; and, how to focus on what you really need to accomplish.

– Irwin Karp

11:45 – 12:00 p.m.

Recognition Ceremony for Referee Eugene L. Kubes

Join us in honoring Referee Eugene L. Kubes for his 30 years of service to the bar. After this year, he will retire from presenting the annual Case Law and Legislative Update.

12:00 – 1:00 p.m.

LUNCHEON (provided by Minnesota CLE)

1:00 – 2:00 p.m.

 BREAKOUT SESSION E

 

36. Basic Family Law Math: Financial Calculations in Divorce Cases

– Rick C. Berning & John H. Heidebrecht

 

37. Child Support and Expedited Process Panel

2-hour session

  • Turbidity Report: The "Mudification" of Child Support – Unique Language in Orders That May Create Enforcement Problems
    – Magistrate Brad A. Johnson

  • Child Support Forgiveness and Arrears Management
    – Mark J. Ponsolle

  • Parenting Time and Basic Support: When Does It Apply?
    – Magistrate Ronelle L. Anderson

  • New Americans and Undocumented Immigrants: Real World Issues
    – Kathleen A. Kusz

– Magistrate Jan Craig Nelson, moderator

 

38. Debt Collection Tips for Family Lawyers

What do I do once I obtain a judgment for my client? Includes discussion of post-judgment collection remedies, post-judgment asset location resources and current hot topics in judgment recovery; What do you do when a client doesn’t pay you? When should I consider outsourcing a judgment or receivable?

– Heidi L. Staloch

 

39. 7 Things Every Family Lawyer Should Know About Assisted Reproduction Technology Law

– Steven H. Snyder

 

40. Domestic Violence: Family Law and Beyond

Your client may have been routinely raped, injured or terrorized by her/his intimate partner. Your client may be the perpetrator of such violence. How would you know? What should you do about it? Is it malpractice if you cannot answer these questions? We know that domestic violence often occurs in family law cases and can affect many types of legal matters beyond family law. Lawyers and other practitioners can more effectively screen their cases for the presence of this critical factor; to assess the risk of future serious harm; to make appropriate referrals; and to more effectively represent their clients. This workshop will improve attorneys’ ability to screen, identify risks to clients and handle cases involving domestic violence.

– Loretta M. Frederick & Rana S.A. Fuller
– Stephen R. Arnott, moderator

 

41. The Portable Law Office: How to Be Productive, Profitable and Location-Independent

1.0 law office management credit applied for

– Samuel J. Glover

 

42. 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

 

43. The Ethics of Limited Scope Representation

1.0 ethics credit applied for

Discussion of the ethical considerations of using limited scope services to represent clients in family court cases.

– Laura K. Fretland & Referee Timothy T. Mulrooney

 

44. Managing E-Mail Overload

1.0 law office management credit applied for

Are you overwhelmed with the volume of e-mail you receive daily? Is your BlackBerry or I-phone always with you, vibrating constantly? E-mail has become the primary method of external and internal communications for law firms. It can be a valuable tool or a productivity-sapping burden, depending on how well it is managed. This program will help you cope with the deluge of e-mail and develop systems for managing your in-box, storing e-mails effectively for future retrieval and coordinating time sensitive e-mails with your calendar. We will explore the impacts of always being connected and multitasking on your productivity. The program will address tools available in Outlook to get control of your e-mail.

– Irwin Karp

 

45. How, What and When Parents Should Tell Children About Their Divorce

Repeat of session 3

– Peggy Cottrell & Susan De Vries

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

 BREAKOUT SESSION F

 

Child Support Panel (cont.)

 

46. The Basics of Document Drafting in Divorce Cases

– Herbert C. Kroon

 

47. Getting Paid in Troubled Economic Times

Doing legal work pro bono is commendable, but it should be your choice, not your client’s. Attend this session for practical advice and creative ideas for ensuring that you are paid for your work. Topics will include: retainer strategies, payment options, attorney liens, and collections.

– Jason C. Kohlmeyer

 

48. Grandparent Visitation in Minnesota

This session will address the procedural steps and legal requirements involved in filing an action to establish grandparent visitation pursuant to Minnesota Statute § 257C.08. This session will also include some of the possible defenses a parent may raise in response to an action to establish grandparent visitation.

– Kristin A. Huston

 

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

This presentation will address understanding and effective use of 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 Fischer, PhD.

 

50. Social Networking for Family Lawyers

1.0 law office management credit applied for

A review of the benefits and risks of lawyers joining social networking sites, such as Facebook, MySpace and LinkedIn. Plus, learn how to set up your own Facebook page and control the privacy settings.

– Emily K. Cooper & Tracy L. Reid

 

51. The New Majority: Unmarried Parents in Family Law

Do you know what an ALF is? Attend this session to learn some tips, obtain some treasures (handy reference materials), and receive answers to your vexing questions from this expert panel.

– Walter Burk, Valisa L. McKinney & Referee Timothy T. Mulrooney
– Melissa Froehle, moderator

 

52. Elimination of Bias: Journey to Safety – Live Play and Discussion

2-hour session
2.0 elimination of bias credits applied for

The play places participants in the shoes of immigrant victims of domestic violence as they try to negotiate legal, medical and government resources, and highlights the many obstacles that immigrant women face, including language and cultural barriers. Presented by Pangea World Theater, The Advocates for Human Rights and Battered Women’s Justice Project.

– Mary Ellison & Beatriz Menanteau

 

53. Interstate and International Custody and Parenting Time Issues

Repeat of session 2

– Gary A. Debele

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

 BREAKOUT SESSION G

 

Journey to Safety (cont.)

 

54. Answers to 20 Common Questions About IV-D Child Support Cases and the Expedited Process

Have you ever wondered why the County Attorney’s Office keeps calling you about the language you are using in the stipulation you are drafting to address support? Do you ever question whether you have to serve the county with your motion to change custody? How do you determine whether to file your motion in the Expedited Process? How is a Driver’s License or a Passport connected to payment of Child Support? What is a ROP anyway? There are approximately 247,000 open IV-D Child Support Cases in Minnesota.  Since any case involving child support can become a IV-D case anytime during the life of that case, chances are, you will touch a case or ten that involves the IV-D system in your family law practice over the next year. Come learn about the IV-D system and the Expedited Process from two local experts.  Many questions will be answered as part of their presentation, but participants are invited to ask their own questions as well.

– Theresa A. Farrell-Strauss & Melissa A. Rossow

 

55. Immigration, Marriage Brokers and Human Trafficking

The speakers will discuss what human trafficking and marriage brokering are, how they are implicated in family law cases, and what the state and national trends are. They will also offer tips on immigration issue spotting; including VAWA, U and T Visas, and Affidavits of Support.

– Kirsten L. Olson & Tracy L. Reid

 

56. What Happens to the Children of Same-Sex Couples When They Break Up?

Legal developments in Minnesota and other jurisdictions regarding custody, parenting time, and related issues that are unique to children of same sex couples, including insights on the Minnesota Supreme Court case, Soohoo v. Johnson, 731 N.W.2d 815 (Minn.2007).

– David E. Ahlvers & Michael Perlman

 

57. Overcoming Procrastination – How to Kick the Habit

1.0 law office management credit applied for

Procrastination creates undue stress. Delaying work can be a form of self-sabotage, affect productivity and result in errors. This session will focus on helping lawyers to complete work with more control and less crisis management. Attendees will learn: how to recognize your individual style of procrastination and overcome it; how to break down legal work into component parts so it doesn’t appear so overwhelming; and, how to focus on what you really need to accomplish.

– Irwin Karp

 

58. Division of Business Goodwill in Light of Baker v. Baker

Repeat of session 8

– Patrick K. Schmidt