Day 1 – Monday, March 21, 2022

8:00 – 8:45 a.m.
JOIN ONLINE  - OR -  CHECK IN IN-PERSON

8:45 – 9:00 a.m.
WELCOME & ANNOUNCEMENTS

9:00 – 10:00 a.m.
Keynote Presentation: How to Work with High Conflict People 

• Understanding the Dynamics of 5 High Conflict Personality Types
• 4 Key Skills of the CARS Method® for Working with High Conflict People
• Connecting with Empathy, Attention and Respect 
• Analyzing Options and Proposals
• Responding to Hostility and Misinformation
• Setting Limits on High Conflict Behavior

– Bill Eddy

10:00 – 10:10 a.m.
BREAK

10:10 – 10:55 a.m.
2022 Family Law Update
Gary Debele presents a broad overview of significant developments in Minnesota family law and an update on national trends. 
– Gary A. Debele

10:55 – 11:05 a.m.
BREAK

11:05 a.m. – 12:05 p.m.
Elimination of Bias: Understanding Gender Identity Issues in Your Clients and Their Children
1.0 elimination of bias credit applied for
Persons who are transgender have become far more visible, which reflects greater societal acceptance. Still, of the letters in the “LGBTQ alphabet” the “Ts” (transgender persons) more often face unique challenges relative to personal relationships, public interactions, and other things that many take for granted. With this presentation, audience members learn the basics about what it means to be transgender or nonbinary. Being transgender herself, and as someone who formerly practiced family law, Ellie Krug can speak firsthand about the challenges that arise when a spouse or partner comes out as trans. She’s also well aware of the issues that arise with a transgender or nonbinary child and parents who aren’t mutually supportive. This is difficult work for legal professionals who may for the first time be meeting or interacting with someone who identifies as trans or nonbinary. Ellie shares guidance and tips for lawyers who are dealing with these challenges.
– Ellie Krug

12:05 – 12:15 p.m.
BREAK

12:15 – 12:45 p.m.
Where in the World Is Ellen Abbott?
– Ellen A. Abbott

12:45 – 1:45 p.m.
LUNCH (provided by Minnesota CLE for in-person attendees at the RiverCentre)

1:45 – 4:45 p.m.
(includes one 15-minute break)
The Eugene L. Kubes Annual Case Law and Legislative Update
A comprehensive and indispensable review of the most important cases, issues and trends in family law and legislation.
– Ryan D. Anderson, Jenna M. Bartelt, Michael P. Boulette, Kelsey B. Daniels, Michael D. Dittberner, Lisa D. Kontz, Zachary A. Kretchmer, Mary C. Lauhead, Dana K. McKenzie & Victoria M.B. Taylor

Day 2 – Tuesday, March 22, 2022

8:15 – 9:00 a.m.
JOIN ONLINE

9:00 – 10:00 a.m.
BREAKOUT SESSION A

101
Your First Divorce: Overview of Your First Divorce
2-hour session
– Laurie A. Mack-Wagner & Lymari J. Santana

102
2022 Social Science Update: What the Latest Research Tells Us About Kids and Parenting
– Mindy F. Mitnick 

103
How to Work with High Conflict People in Mediation
2-hour session
2.0 ADR credits

• Understanding 4 Key Differences of Mediation with High Conflict Clients
  
• Some Brain Science that Explains High Conflict Thinking
• The 4-Stage Method of New Ways for Mediation® 
• Guiding Clients Through the 4 Key Tasks of New Ways for Mediation® 

– Bill Eddy

104
Tax Issues in Divorce – What You Should Be Thinking About in 2022 and Beyond
This session will highlight important tax issues to keep in mind when assisting clients in the dissolution process, including: Filing Status; Maintenance Payments; Dependent Status; Child Tax Credits; Home Sales; Asset Transfers; And More!
– Ben M. Henschel & Howard D. Kaminsky

105
How to Handle Vaccination Disputes in 2022
Two experienced family lawyers discuss the case law and statutory considerations regarding parental disputes over vaccination and share strategies for handling them effectively.
– Carlo E. Faccini & Katie M. Jarvi 

106
Trial Strategies for Successful Zoom or In-Person Appearances
District court judges share their preferences, dislikes, and provide tips to heighten your next virtual or courtroom trial experience.
– Judge Francis Green III, Judge Mark Ireland & Judge Arlene M. Ascenio Perkkio
– Samantha J. Gemberling (moderator)

107
Honke v. Honke:  The Impact on Spousal Maintenance Modification
Join us for a discussion on: How district courts are applying the Honke decision; How practitioners are utilizing the Honke decision in their spousal maintenance arguments; and Potential arguments about how the principal of after-acquired assets “may” or “should” be considered in modification cases.
– Kristy A. Mara & Joani C. Moberg 

108
The Ethics of Hiring Experts and Working with Experts’ Records
1.0 ethics credit applied for
Two experienced family lawyers tackle a number of ethical questions related to hiring experts and working with experts’ records, including: 

• Is the work of experts protectable under the work product doctrine? 
• How should lawyers respond to subpoenas of their experts’ records? 
• What ethics rules apply to mandated reporters hired by family law attorneys? 
• For lawyers working as experts, how should fees be handled? 

– Johanna P. Clyborne & Zachary A. Kretchmer

10:00 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION B

Overview of Your First Divorce, continued

How to Work with High Conflict People in Mediation, continued

201
What Every Lawyer Needs to Know About Drafting Parenting Plans 
A step-by-step approach to crafting parenting plans for all families, including updated case law, an expanded holiday section, pandemic considerations, useful communication protocols, and practical, real-world considerations. 
– Zak Chesson, Kathryn M. Lammers & Rachel S. Lipkin

202
The Decree Says What? Issues to Avoid in Dividing Retirement Benefits
You have come up with a fantastically creative and tax efficient approach to the division of marital property and debt that involves one or more retirement benefits.  Will a retirement plan implement that as you and the parties intend?   Learn what common issues lead to a division of benefit taking longer than you could imagine.  Discuss possible pitfalls in trying to pay current debt with retirement benefits and other similar challenges. Come away with a cleaner approach to dealing with these issues.
– Thomas M. Hughes 

203
What’s in a Name? A Review of Name Changes and Related Issues
This presentation addresses name changes for adults and their children (contested and uncontested), and other related issues and questions. The presentation will go over applicable statutes and case law as to name changes, advising clients on the same in addition to providing information and checklists on things to do after a name change, in addition to covering other related topics.
– Joshua N. Brekken

204
Is This an Emergency?
A judicial perspective on the appropriate motions to file in urgent situations.  You learn to decipher if your case warrants an ex parte motion, accelerated hearing, order for protection, chambers conference, or something else entirely.
– Referee Holly B. Knight & Referee Richard Stebbins

205
Lessons from Challenging Cases: Dealing with Trauma, Safety Issues, Difficult Personalities and the Media
Lisa Elliott reflects on her career and shares the hard-earned lessons she has learned from the difficult, high-profile cases she has worked on.
– Lisa M. Elliott

206
Don’t Join the Jerks: Professional Ethics, Common Sense and Common Decency
1.0 ethics credit applied for
Being a jerk is easy. It’s especially easy if our opponents are jerks first. It’s also a pretty lousy way to practice law. Being advocates doesn't mean lawyers need to be rude, sneaky, obstructionist or condescending – no matter how tempting or satisfying it may feel in the moment. Ethics rules call on us to make meritorious claims, expedite cases, and act with candor and fairness toward courts, parties and opposing lawyers. In this session, we'll discuss how lawyers best serve their clients, the judicial system, and our profession by following both the letter and the spirit of those rules.
– Chad A. Snyder

11:15 – 11:30 a.m.
BREAK

11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION C

301
Your First Divorce: Custody, Parenting Time, and Screening for Domestic Violence Issues
– Joy Nissen Beitzel & Mary Pat Byrn 

302
Child Support: A Preview of Upcoming Changes
The Child Support Guidelines Task Force created by the legislature in 2016 worked for several years to come up with recommendations included in the Legislative Report. Some of those recommendations related to updating the child support guidelines with a new guideline table and address other issues to best serve Minnesota children and families, considering the changing dynamics of families. Ramsey County took the lead in bringing the recommendations of the Task Force to the Legislature in the 2020 and 2021 sessions. With a few modifications the recommendations were included in the Omnibus Health and Human Services Policy and Finance bill signed by the Governor on May 25, 2021. This session will provide highlights of the changes that will occur in child support calculations beginning in January 2023, explain the child support guideline table updates, and the changes that stop the accrual of interest on child support arrears effective August 2022.
– Amy A. Anderson & Melissa A. Rossow

303
How to Work with High Conflict People in Virtual Settings
1.0 ADR credit

• Importance of Individual Sessions Focused on Client Skills
• Increased Activity Level of Head and Hands 
• When to Do Joint Sessions and When to Do Breakout Sessions
• Working with Domestic Violence Screening, and Separate or Joint Virtual Sessions

– Bill Eddy

304
How to Avoid the Top 7 Tax Mistakes Family Lawyers Make
Tax law is complicated, and mistakes in divorce cases can be very costly. A family law attorney and a C.P.A. review the top 7 mistakes that family lawyers make in divorce cases from the simple (filing status elections) to the more complex (protecting your clients from a spouse's bad tax acts). You’ll learn how to avoid making these mistakes and gain a greater understanding of how the tax code impacts divorcing couples.
– Jason C. Brown & Dax V. Stoner

305
How to Set Boundaries and Stay Safe in Family Law Practice
A panel of family lawyers discuss the risks they face in dealing with clients and others in times of crisis. They will share advice for setting boundaries with clients; including policies for phone, social media, and in-person contacts. They will discuss the security measures they have implemented in their offices and homes. They will also share their thoughts about coping with the emotional/mental-health toll that safety/boundary issues can sometimes have on a practitioner when they arise.
– Suzanne M. Remington, James J. Vedder & M. Sue Wilson
– James R. Todd (moderator)

306
Top Tips for Successfully E-filing Documents and Navigating MCRO
This session will help you learn the ins and outs of the public access rules, court rules pertaining to filing requirements, document security, and MCRO system updates.
– Patrick D. Busch

307
The Intersection of Family Law and Intellectual Property Law: What to Watch For
In the world of family law, if you've ever represented a business owner, content creator or brand, it's likely there were IP issues at play, whether they were known to you or not. With this presentation, family law practitioners can learn the basics of IP issues in family law cases, so they can best advise their clients on preserving their products, processes, or ideas.
– Karolina M. Brekken-Hoerl

308
Enough Is Enough! The Ethics of Withdrawing from Representation
1.0 ethics credit 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

12:30 – 1:00 p.m.
LUNCH BREAK

1:00 – 2:00 p.m.
BREAKOUT SESSION D

401
Your First Divorce: Property Division
– Katherine E. Merkel & Michelle L. Travers

402
Who Gets the Check? Your Guide to the New Child Tax Credits
From tax filing status to dependents to the American Rescue Plan Act, this session will teach family law attorneys what they need to know about these important changes.
– Theresa A. Farrell-Strauss & Tifanne E.E. Wolter

403
10 Things You Need to Know About Stepparent and Second-Parent Adoptions
In order to complete a successful second-parent or stepparent adoption, one must navigate the issues of who is entitled to notice, whether the consent of both biological parents is needed, and what background checks and assessments may be required.  This session will address the overall adoption process for both voluntary and contested second-parent or stepparent adoption matters as well as practical considerations unique to LGBTQ families.
– Marian E. Saksena

404
10 Things All Family Attorneys Need to Know About Farm Divorces
Unlike other closely held business interests, farming operations not only serve as commercial ventures but also as the family home, complicating division of the estate. Considering the longstanding ties to the land that come into play, efforts to preserve the family farm take on renewed importance in a divorce. This session will lead you through 10 important aspects of farm divorce, including non-marital claims, farm income, and assets you may not think to ask about.
– Sonja Trom Eayrs, Jill I. Frieders & D. Patrick McCullough

405
The Intersection of CHIPS and Family Law 
This session will provide an overview of juvenile protection rules and procedures, and practice pointers, including venues to adjudicate paternity, competing motions, orders for protection, and what happens to a family law case when the parties are involved in a Child in Need of Protective Services file is opened.
– Mallory K. Stoll 

406
Mediation Around Minnesota: What Family Lawyers Should Know
1.0 ADR credit
A panel of mediators and advocates from around Minnesota discuss how mediation practices and styles vary and how advocates can succeed when they’re mediating in an unfamiliar setting.
– Brenda S. Denton, Michael J. Dolan, Carol M. Klaphake & Kathryn M. Snyder
– Katrina I. Wass (moderator)

407
Joint Ownership of Real Property in the Family
This seminar will cover topics including: differences in the types of joint ownership of real property; options for removing a non-owner from a home, including eviction; actions in partition to terminate joint ownership; and issues arising from financing provided by family members.
– Julie N. Nagorski

408
Elimination of Bias: Mapping and Acknowledging the Hidden Histories of Race and Privilege in the Twin Cities
1.0 elimination of bias credit applied for
Attorneys Maria Cisneros and Jared Shepherd will describe how historical practices in real estate transfers (the use of racially restrictive property deeds and covenants and redlining by federal housing administrators, loan officers and banks) in the first half of the 20th century led to racial prejudice and racial disparities that negatively impacted minorities in the Twin Cities and still resonate today.  The attorneys will discuss the work of the Mapping Prejudice project from the University of Minnesota in mapping these covenants.  The attorneys will also introduce the Just Deeds Project, which provides free legal and title services to discharge discriminatory covenants.  The Project is designed to acknowledge discriminatory housing practices and foster anti-racist action in Minnesota communities. 
– Maria T. Cisneros & Jared D. Shepherd

2:00 – 2:15 p.m.
BREAK

2:15 – 3:15 p.m.
BREAKOUT SESSION E

501
Your First Divorce: Spousal Maintenance
– Victoria J. Brenner & Anne R. Haaland

502
Baby in the Middle: How to Handle Custody Cases Involving Infants
Panel discussion with family law stakeholders about handling custody cases involving infants. How do we act in the best interests of children while also fostering the relationship with both parents (especially the non-birthing parent) during the unique and intense period of infancy. What special issues arise in infant custody cases? How do courts want them handled? How can you prepare your client? Panelists will include a judicial officer, custody evaluator, Parenting Consultant, therapist, breastfeeding advocate, and practitioner(s) well-experienced representing fathers.
– Dr. Jordan Hart, Referee Joshua J. Ogunleye, Judge Arlene M. Ascenio Perkkio & Matthew Shore
– Linda R. Allen & Jacquelyn S. Lutz (moderators)

503
Contested State Ward Adoption: Case Law Updates and Procedure 
Learn about the niche practice area of contested state ward adoption cases. We will discuss the mechanics of a contested state ward adoption action, case law developments and how to navigate the various parties and players to such an action.
– Rachel L. Osband

504
Who Pays for College?: Demystifying College Cost Planning for Divorced or Separated Parents
Financial aid application forms seem to assume that students have happily married parents who will work together to provide the information colleges and universities request to determine a student's eligibility for aid.  But parents who are divorced or separated often have complex relationships that don't seem to fit into these forms--and who might not be willing to cooperate with each other.  In this session, we'll review the two financial aid applications used by colleges and universities--the FAFSA and the CSS Profile--and discuss issues common to divorced or separated parents so you can draft divorce decrees that are responsive to them, including: Who is the parent?  What about step-parents?  Other guardians?  What if a parent refuses to complete a form?  Or isn't supposed to have contact with a child?  We'll also canvass the changes that will take effect with the new FAFSA that will become available in 2022 for the 2023-24 academic year.
– Jenny Buyens, Julie T. Ekkers & Dana K. McKenzie

505
The Intersection Between Immigration Law and Family Law
This session will cover popular areas of immigration that you will see in family law cases, including; custody issues when one or both parents are undocumented;Special Immigrant Juvenile Status (SIJS) Petitions; custody documents to have prepared in the event of ICE involvement; US citizen children living in a households with undocumented parents, and US Passport issues for children.
– Mirella Ceja-Orozco & Nysha Operana

506
How to Properly Prepare Yourself and Your Clients for Mediation
1.0 ADR credit
Two experienced professionals – a mediator and an advocate – share valuable tips for preparing yourself and your clients for mediation.
– Janeen L. Massaros & Susan J. Mundahl 

507
Answers to 15 Weird Questions You Get from Clients 
Answers to the odd, quirky and tricky questions that lawyers are often asked by family law clients.
– Leah L. Fisher & Brent R. Olson

508
Elimination of Bias: The Continuing Journey Towards Cultural Awareness – An African-American Lens to Family Court and ADR
1.0 elimination of bias credit applied for
DeAundres Wilson will explore how African-American cultural norms may impact family court matters, make suggestions for family law professionals on approaches to better serve African-American families through resolution of family conflict, and identify what can be done to improve ADR access for African-American families, both in the metro area and out-state.
– DeAundres D. Wilson

3:15 – 3:30 p.m.
BREAK

3:30 – 4:30 p.m.
BREAKOUT SESSION F

601
Your First Divorce: Determining Child Support
– R. Leigh Frost & James R. Todd

602
Custody Evaluations Around Minnesota
Custody evaluators from Minnesota will discuss how practices vary among counties, and how attorneys can successfully navigate small town and rural issues in evaluations.
– Shari Frey, Anna M. Solheid & Denise A. Sollund
– Kelsee Macintosh-Ellig (moderator)

603
The Indian Child Welfare Act and Your Practice:  What You Need to Know 
This presentation will consist of an overview of nationwide trends and developments by a national ICWA expert, a review of Minnesota developments, including the Minnesota Indian Family Preservation Act, and a discussion of how ICWA and MIFPA could impact your adoption, parentage, third party custody, and child protection proceedings. 
– Gary A. Debele, Professor Kathryn E. Fort & Shannon Smith 

604
Everything Family Lawyers Need to Know About Digital Assets:  Cryptocurrency, NFTs, and Their Role in Divorce
This session will cover the basics of cryptocurrency, NFTs, and how they are identified and valued.  Most importantly, you will learn the practical implications and what information you need to be aware of when a divorce client owns these assets.
– O. Joseph Balthazor, Jr. & Michael P. Boulette

605
Cyberstalking 101: Safety Planning and Evidence Collection Strategies
As family law practitioners, we know that batterers and offenders use whatever means available to abuse, harass, stalk, and monitor victims. Today technology has provided offenders with tools to accomplish these tasks without even having to leave the comfort and security of their own homes. In this interactive workshop, Steven Bradley will explore the risks and benefits of technology for victims. Attendees will learn safety planning and evidence collection strategies for phone technology, location apps and social networking sites. Non-technical language will be used to describe the privacy levels of each area and how to safely navigate the world of technology.
– Steven Bradley

606
The Art of Providing Competent Advocacy to Support Clients in Mediation
1.0 ADR credit
Mediation works best when clients have access to legal advice from attorneys who will support the mediation process, regardless of whether the attorneys are present during mediation or consulting with clients after mediation sessions. Nevertheless, many mediators are reluctant to refer clients to attorneys, fearing that they will get aggressive advice that will run counter to the goals expressed by the client during mediation. On the other hand, because mediators are not allowed to give legal advice, many good mediators recognize the benefits of having clients get competent advice so that the clients can make truly informed decisions about the settlement proposals made during the mediation.  This workshop, taught by an experienced Collaborative attorney and mediator who has supported hundreds of mediations, and a new practitioner who has focused a significant portion of her growing practice on providing mediation support and drafting mediation agreements, will provide insights and ideas on the fine art of providing competent advocacy to mediation clients.
– Ron Ousky & Megan Yates 

607
Confidentiality and Divorce: The Conflict between the Public’s Right to Know and the Client’s Right to Privacy
1.0 ethics credit applied for 
Angela Heart reviews the rules and forms governing the privacy of client information and discusses several important questions that arise for family lawyers, including:

• Do you have a duty to inform your clients about public access to divorce documents and proceedings?
• Is there a correct way to submit confidential information?
• Do you need a motion to request confidential status?
• And more

– Angela E. Heart

Post-Institute Webcasts

Friday, March 25  |  12:00 – 1:00 p.m.
School Law 101 for Family Lawyers
– Elizabeth D. Hartwell & Andrea Lynn Jepsen

Tuesday, March 29  |  12:00 – 1:00 p.m.
Elimination of Bias: Mental Health, Well-Being, and Implicit Bias in a Post-COVID Environment
– Joan M. Bibelhausen

Thursday, March 31  |  9:00 – 10:00 a.m.
Negotiating Spousal Maintenance in 2022: Tools, Case Law and Statutory Factors
– Nancy Chausow Shafer 

Thursday, March 31  |  12:00 – 1:00 p.m.
5 Tips to Successfully Prepare Your Clients for Home Loan Financing After Divorce
– David Jamison 

Tuesday, April 5  |  12:00 – 1:00 p.m.
Packing a Punch: How to Grow Your Law Firm Digitally in 2022
– Ryan J. Tauer

LIVE IN-PERSON + LIVE SIMULCAST 

• Monday, March 21, 2022
  Attend in-person
  Saint Paul RiverCentre
  175 West Kellogg Boulevard
  Saint Paul, Minnesota
• Tuesday, March 22, 2022
  Attend online

LIVE SIMULCAST
Monday & Tuesday, March 21 & 22, 2022
Attend online

PLEASE NOTE: When you register – even if you wish to attend in-person – you’ll need to select the “live simulcast” option. You won’t need to do anything to your registration to attend in-person. We will contact you closer to the event to confirm your attendance preference. 

Minnesota CLE has established room rates with the Saint Paul hotels listed below. Be sure to identify yourself with the Minnesota CLE 2022 Family Law Institute to receive these rates, and make your reservations early to ensure room/rate availability.

The Saint Paul Hotel – $149 (plus tax)
350 Market Street
Saint Paul, MN 55102
651-292-9292
Reserve by: Monday, February 21, 2022

Holiday Inn St. Paul Downtown – $129 (plus tax)
175 West 7th Street
Saint Paul, MN 55102
651-225-1515
Reserve by: Monday, February 28, 2022

$495 MSBA members / $495 paralegals / $595 standard rate

Other discounts that may apply:

• Season Pass Discount
  
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

CREDITS – INSTITUTE:

Minnesota CLE is applying to the Minnesota State Board of CLE for 12.0 CLE credits, including 1.0 elimination of bias credit for the 11:05 a.m. session on Day 1. Minnesota CLE also has applied for the following:

• 1.0 ethics credit each for sessions 108, 206, 308 and 607
• 1.0 elimination of bias credit each for sessions 408 and 508

The maximum number of total CLE credits attendees may claim for the Institute is 12.0 credits. 

In addition to CLE credit, sessions 103, 303, 406, 506 and 606 also qualify for ADR credit.

CREDITS – POST-INSTITUTE WEBCASTS:

Minnesota CLE is applying to the Minnesota State Board of CLE for 1.0 standard CLE credit for each of the post-Institute webcasts, except for the March 29 webcast, Mental Health, Well-Being, and Implicit Bias in a Post-COVID Environment, for which we are applying for 1.0 elimination of bias credit.