This presentation begins the 2019 program series on family law trials. The first installment is “Trial Briefs” presented by Hon. Garen Horst (Placer County) and retired Commissioner Glenn P. Oleon (Alameda County) and moderated by Fredrick S. (Rick) Cohen. This free-flowing “round table” covers whether judges want trial briefs, are they helpful, how attorneys should focus their briefs, whether attorneys should include requested or proposed statements of decision, what makes for a good trial brief, what is unhelpful in a trial brief, and how to organize a trial brief for success. This program will leave every attorney with key takeaways to consider for their next trial brief. Presenters: Judge Garen Horst and Commissioner Glenn P. Oleon This presentation is approved for 1.5 hours of specialization and recertification credit in family law and MCLE credit. January 22, 2019 105 minutesView
MCLE course credit not available for courses more than 5 years old, even if a certificate is generated.
“Less Marsden” Be prepared to present and defend the best position for your client with a Moore/Mardsen calculation: Ron and Brian answer these questions and more: Must every Grinius refi breed the bizarre “Branco Bump”? How were our Supreme Court’s IRMO Moore pro tanto fractions informed by the fractions the Court had adopted only 82 days earlier in IRMO Lucas? When representing the Separatizer, can you cite authority supporting your contention that the property’s date-of-marriage value, not its lower purchase price, should comprise thepro tanto denominators? When representing the Non-Separatizer, can you cite authority supporting your contention that the pro tanto fractions should ignore the unpaid mortgage balance?View
Accounting/Tax Issues in Family Law” Be prepared to present and defend a tax return presented as evidence: What is a complete tax return? How to tell? What about information that comes with the tax return that really isn’t part of it? Why look at the state tax return? Always look! What detail is presented in the Schedules, Statements or Other Information. Review the Schedule K-1 with the DissoMaster worksheet. The materials include a sample tax return to follow and search out the information in the presentation to effectively present or cross examine from a tax return presented as evidence. Presenter: Roland Hamilton, CPA/ABV, CVA This presentation is approved for 1 hour of specialization and recertification credit in family law and MCLE credit. October 23, 2018 67 minutesView
Separate Trials: A Practitioners Guide to Litigating the Issues That Make Or Break A Case; Part 2 – Date of Separation: Its Importance & Application from Petition Through Judgment.View
Selecting a Return Rate – Investment Theory and Rate of Return Considerations in Divorce Proceedings
A knowledge of Rate of Return theory and application is important when you have issues to: 1. Impute income to investment assets to determine support; 2. Apply a discount rate for lump-sum buy outs of spousal support or assets; 3. Determine amount of life insurance as secutity for support; 4. Determine whether a party can maintain Marital Standard of Living from their assets. The program provides a general overview of investment concepts, the factors considered and case authority. With this understanding follows the different approaches for determining rates of return. Visual charts and examples of the different methods are provided to supplement the written materials. The pros and cons of the concepts and approaches are shown is various case studies. Invest an hour to enhance your ability to negotiate your case or examine the experts.View
An exploration of issues that impact attorney competency, including, common impairments, as well as how to protect clients when competency or capacity issues develop. Among the topics discussed: addiction, physical and mental disabilities, incapacity, what can happen to a practice / clients when competency and incapacity occur. Dealing with the impaired lawyer and related ethical responsibilities, creating a succession plan for sudden incapacity or disability.View