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October 2008

CBA LITIGATION COUNCIL
OCTOBER 4, 2008 MEETING MINUTES
LOCATION: CBA offices, Denver, CO

COUNCIL MEMBERS PRESENT:

In Person:

Chair: Peter Black

Vice Chair: Alden Hill

Secretary: Lorraine Parker

Sandra Wick Mulvany

Mickey Smith

Larry Schoenwald

Andy Toft

Kathie Riley

Mark Kraynak

Via Phone: None

CBA Personnel: Michael Valdez; Brock Wood, CBA-CLE

OTHERS PRESENT: Bill Walters, CBA President; John Gleason, Attorney Regulation Counsel

1. CALL TO ORDER: 9:08 AM

2. APPROVAL OF MINUTES: The September 6, 2008 Meeting Minutes were approved by unanimous vote.

3. FINANCIAL REPORT. The attached financial report and budget was distributed. The 2008 Budget was approved by unanimous vote.

4. BILL WALTERS, CBA PRESIDENT. Bill expressed his appreciation for the work of the Council, and encouraged Litigation Council members to participate in the Our Courts program, in which a litigator teams with a judge to do community outreach. Those interested should contact Carolyn Gravit at the CBA Office.

5. JOHN GLEASON, ATTORNEY REGULATION COUNSEL. Attorney Regulation Counsel’s Office is emphasizing outreach to lawyers statewide. He is seeking support for some of their programs, such as practice monitors.
New rule effective 1/1/09 will require mandatory disclosure of whether private practice attorneys have professional liability insurance, and whether the attorney intends to keep it in effect. Questions will be added to attorney registration questionnaires for 2009. The Attorney Regulation Counsel website gets 68,000 hits per month. ARC will post on the website whether the attorney has malpractice insurance. Oregon is the only state which has mandated professional liability insurance; John believes this will become a trend. The reason it is not more widespread is cost and the elimination of attorneys from the practice of law who cannot get insurance.
Change is on the way for the attorney registration process as they will no longer use paper registrations. The cost of registering 33,000+ attorneys was $100,000 last year; cost can be cut significantly by doing it online. Attorneys will receive an email in November from Colorado Supreme Court Attorney Registration which will inform attorneys of the new process for registering in January.
The baby boom bubble is moving through the Bar. Bar demographics: ages 53-63 are 40% of the bar, 53 and above are 60% of the bar. Increasing problems with lawyers who become disabled, abandon their practice, etc. Problem is expected to increase; ARC needs help, need attorneys to do inventory of practices. Currently have 11 inventories going on. ARC needs the CBA to put on more programs about retirement. ARC gets calls, for example, from spouses whose lawyer spouse has died and they do not know what to do with the files. We need program to be available at no cost for solo practitioners so they can get a plan in place to provide for a reasonable transition of their clients and files in case of their death or incapacity. Problem is consuming more and more of the ARC’s resources.

6. COMMITTEE AND SUB-COMMITTEE REPORTS:

A. Supreme Court Rules Committee. No report.

B. Board of Governors. Jon Sands not present; next BOG meeting is November 1, so next Council meeting will be moved to November 8th.

C. CBA Task Force on Judicial Performance. Alden Hill had no report.

D. Securities Sub-Section. No report. Lorraine Parker will call Rich Caschette about staying on the Council following his appointment to the Arapahoe bench.

E. Appellate Practice Sub-section. Still no representative.

F. Class Action Sub-Section. No report.

G. Consumer Law Sub-Section. Mark Kraynak reported that not too much is going on; are doing outreach to publicize the subsection’s existence. Peter Black suggested putting something in the newsletter.

H. Section Newsletter. Council suggests that Kim Schutt prepare a feature on the demographics problem for the newsletter, should also be an article in the Colorado Lawyer. Michael Valdez will get together with Kim Schutt to put together a proposed feature. Kim Schutt would like for someone to take over the newsletter.

I. CLE update. Brock Woods reported on litigation CLE events which have been announced and those which are in the planning stages. He suggests doing crossover programs with other sections, such as real estate. Brock’s email address is bwood@cobar.org if anyone has additional ideas. He also suggests doing shorter programs, one-hour presentations that are recorded and can be available for download or done as internet programs. Internet CLEs are becoming a bigger part of CBA-CLE. Brock again asks that the Council send ideas for energizing CLEs to him. Boot Camp this past year for Litigators had poor attendance, even though surveys have indicated people want trial skills seminars. Perhaps more of a workshop approach would be more successful, but competes with NITA.

7. OLD BUSINESS.

A. E-filing issues. Andy Toft had nothing new to report.

B. Judicial Performance Issues. No report.

C. Litigation Section Tech Support. The electronic suggestion box is still on hold due to glitches in the website conversion.

8. NEW BUSINESS

A. Updated Litigator’s Handbook. There have been a number of new judges appointed; Litigator’s Handbook on hold while website conversion issues worked out.

B. Speakers for upcoming meetings. Andy Toft had no response from State Judicial so will just start contacting Chief Judges and scheduling them for meetings. Suggestion: someone to speak about the judicial nomination process.

C. Confirm future meeting schedule: November 8th, December 6th, January 10th, February 7th.

9. ADJOURNED at 11:31 a.m. Next meeting to be November 8, 2008 at CBA offices, at 9:00 AM.

Prepared by:

/s/ Lorraine Parker

Lorraine Parker, Secretary

Approved: _________________________

(date)