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Oct. 2012

October 2012
From the Colorado Bar Association
Litigation Law Section
In this issue...
Council Notes

Judge Wiley Y. Daniel Spoke to the Litigation Council in September

During the September Litigation Council meeting, Judge Wiley Y. Daniel, Chief Judge of the District Court for the District of Colorado, reflected on the state of the profession, and recalled his more than 41 years of practice. Following his presentation, Judge Daniel opened to floor for questions about issues concerning litigators. Read the full council notes and summary of Judge Daniel’s presentation.

October Litigation Section Council Meeting Includes an Education of the Faculty of Federal Advocates

With the thanks of the Litigation Section, Lino Lipinsky de Orlov, President Elect of the Faculty of Federal Advocates (FFA) accepted the Section’s invitation to enlighten the Section to the history of the FFA and to share some of the ongoing and upcoming programs that the FFA is working on. Read the full meeting notes, including Lino’s presentation along updates on Litigation Section-related business.

In the News

Colorado’s Different Ethics Approach to Litigation Expenses
From the American Bar Association’s Litigation News

The Colorado Supreme Court analyzed the distinction between permissible and impermissible litigation advances that creates a potential disagreement among courts and concern among professional responsibility litigators. In Mercantile Adjustment Bureau LLC v. Flood [PDF], the court in a 5–2 decision held that an attorney does not violate the rules of professional conduct when paying the fees of an appellate attorney retained to represent his client on appeal. Click here to read the full article.

Attorney’s Limited Appearance on Behalf of Pro Se Party Allowed by Rule Change to C.A.R. 5

On Thursday, Oct. 11, the Colorado Supreme Court issued Rule Change 2012(15), containing an amendment to Rule 5 of the Colorado Appellate Rules. The amendment adds subsections (e) and (f) to the rule, as well as a comment to explain the purpose of the new subsections. Read more about the rule change.

C.R.C.P. 120.1, “Order Authorizing Expedited Sale Pursuant to Statute,” Amended

On Tuesday, Oct. 2, the Colorado Supreme Court released changes to Colorado Rule of Civil Procedure 120.1, effective Sept. 20. The changes detail time frames in which expedited hearings must be set pursuant to section 38-38-903, C.R.S. Requirements for personal service are also detailed. The amendments to C.R.C.P. 120.1 were adopted by the court September 20, 2012, effective immediately. View the redline of the changes to C.R.C.P. 120.1, as outlined by Rule Change 2012(13).

ICCES Training Update

The ICCES program for e-filing and e-service went live in the 14th Judicial District on Monday, Oct. 1. The pilot is going smoothly, and customers are receiving prompt, high-quality support from the ICCES Analysts through the support hotline, 303-837-3631. Click here for more information and upcoming pilot live dates. Take advantage of ICCES training now before ICCES begins in your district—classes available live and online.

A New Take on the Top Ten Rules for Court and Professional Life

After the last brief is written, the final scrap of evidence considered, and the list of witnesses prepared, every litigator would be well-served to reflect on how his actions will impact him professionally and whether they will strengthen or lessen respect for our legal institutions. To be sure, the better nuanced his arguments and the more accurate his riposte, the greater the chance of a favorable outcome for his client. And while “favorable facts” and “favorable law” ultimately affect the success of a litigator’s case, what of the myriad exchanges which do not deal with the legal issues per se, but with more ambiguous concepts like respect and integrity? What function do an attorney’s choices in this area of form and procedure have on outcomes, if any, and what impact do they have on respect for the rule of law? How do the carefully choreographed interactions among the parties before and during the hearing influence our notion of a fair legal system of law whereby “justice” is served? What lingers beyond the particulars of the case at hand for the courtroom litigator who will be defined in part by his reputation as a guardian of the rule of law? Indeed, as the following discussion suggests, there is more than one way to successfully walk out of a courtroom. Click here to read the full article.

What to Do When You’ve Made a Mistake—A Five-Minute Mentor Video

Every week during October, in celebration of Legal Professionalism Month, the Colorado Bar Association will share a tip on professionalism. In this video, attorney and CBA Young Lawyers Division Chair-elect Emma Garrison discusses the inevitability of making a mistake at some point in your career, and, more importantly, once you do err how to correct it. Watch the video at the link.

Upcoming CBA-CLE Programs

Unless otherwise noted, all programs are located at the CBA-CLE offices, 1900 Grant St, Ste. 300, Denver, CO 80203.
Call 303-860-0608 or 800-860-2531 with questions.

Winninge Trial Tactics of 2012—Friday, Nov. 9
How to Frame the Issues, Take Control, and Manage a Professional Win of Your Case

This is your opportunity to join some of Colorado’s most outstanding practitioners as they share with you their insight and skills that will maximize your clients' chances of winning at trial, be it to a jury or to the Court. Eight general CLE credits, including one ethics, is offered for this full-day program. Co-Sponsored and presented by the Colorado Chapter of the American College of Trial Lawyers. CBA Litigation section members get a discount! Click here to learn more and register.

Ethics Revue at Lannie’s Clocktower Cabaret 2012—Monday, Nov. 12

Denver’s Law Club and CBA-CLE cordially invite you to the “Ethics Revue at Lannie&rdsuo;s Clocktower Cabaret 2012.” The Ethics Revue is a much anticipated, annual CLE ethics program produced and performed by members of the famous (or infamous!) Law Club and the CBA Ethics Committee. Attending the performance is one of the most unique and entertaining way to fulfill CLE ethics requirements. The program is from 5:30 to 8:30 p.m., and three general credits, including one ethics, is available. See the complete description.

Advanced Constructive Cross-Examination—Thursday, Nov. 29

“Masters of Cross-Examination” Larry Pozner and Roger Dodd will speak on Constructive Cross-Examination, The Only Three Rules of Cross-Examination, The Chapter Method of Cross-Examination, Cross-Examination without Discovery, Page Preparation of Cross-Examination, and more! This is a special opportunity to hear from two of the best in country. Seven general credits available for this full-day program. CBA Litigation section members receive a discount. Review the complete agenda here.

Ethics 7.0—Friday, Nov. 30

Our distinguished faculty of judges, magistrates, legal professionals, and ethics gurus will address the most current and challenging ethical issues facing lawyers and judges today. You will learn the ethical lessons necessary to practice at your best… the conduct that will gain you respect and the pitfalls that will jeopardize your practice. At the end of these presentations, you will be prepared to face your ethical challenges having earned all of your required ethics credits. Seven general CLE credits, including seven ethics credits are offered for the full-day program. Find out more!

Measuring Lost Profits in Litigation—Wednesday, Dec. 5

The Colorado Society of CPAs and CBA-CLE are pleased to announce the next edition of their bi-annual series of jointly sponsored litigation conferences. This year’s one day conference will bring together a team of experienced litigation attorneys and financial experts to discuss the issue of lost profits and lost wages in litigation matters. Eight general CLE credits available for this full-day program. Litigation Section members get a discount for the program. Register now.

Become a More Effective Negotiator—Wednesday, Dec. 12

Featuring National Presenter Ralph Cagle, learn negotiation strategies and tactics; how to assess your own negotiation style and skills; develop skills through hands-on negotiation; and reality test ethical challenges lawyers face in negotiation. Seven general CLE credits, including 1.2 ethics, are available for this program. Litigation Section Members also receive a discount. Learn more and register.

National CLE Conference—CLE & Ski: Civil Litigation Track—Jan. 2–5
At the world-class Westin Snowmass Resort

Now in its 30th year, this CLE & Ski Conference features: top-notch speakers—among the best lawyers in the country; cutting edge topics; 12–16 CLE credits, plus ethics credits, accredited in all MCLE states; opportunities for open discussions; networking with fellow attorneys; outstanding resort location; early morning and late afternoon CLE schedule; and special lodging and lift-ticket discounts. See the complete agenda for the Civil Litigation Track.


Stay up-to-date with the Litigation Section by visiting the CBA Litigation Section website.

This newsletter is for information only and does not provide legal advice.

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