Featured News http://cbaclelegalconnection.com/?p=35929 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/xMoZ0B3Anec/ Community Colorado Gives Colorado Gives Day dependency and neglect domestic relations law family law juvenile law Colorado Gives: Rocky Mountain Children’s Law Center Transforms the Lives of Abused and Neglected Children Through Compassion For over thirty years, the Rocky Mountain Children’s Law Center has provided compassionate legal advocacy and clinical services to children who have been abused or neglected. Through a team of legal professionals and social workers, the Children’s Law Center serves at-risk children and considers the whole child with each recommendation regarding the child’s best interest. Fri, 02 Dec 2016 16:27:34 Z http://cbaclelegalconnection.com/2016/12/colorado-gives-rocky-mountain-childrens-law-center-transforms-lives-abused-neglected-children-compassion/#respond Susan Hoyt <div class="pf-content"><p><em><strong>Colorado Gives:</strong></em><em> CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.</em></p> <p><a href="http://cbaclelegalconnection.com/2016/12/colorado-gives-rocky-mountain-childrens-law-center-transforms-lives-abused-neglected-children-compassion/childrens-law-center-logo-g/" rel="attachment wp-att-35931"><img class="alignleft size-medium wp-image-35931" src="http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G-300x115.png" alt="childrens-law-center-logo-g" width="300" height="115" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G-300x115.png 300w, http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G-150x58.png 150w, http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G-768x294.png 768w, http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G-1024x393.png 1024w, http://cbaclelegalconnection.com/wp-content/uploads/2016/12/Childrens-Law-Center-Logo-G.png 1200w" sizes="(max-width: 300px) 100vw, 300px" /></a>For over thirty years, the <a href="http://www.childlawcenter.org/">Rocky Mountain Children’s Law Center</a> has provided compassionate legal advocacy and clinical services to children who have been abused or neglected. Through a team of legal professionals and social workers, the Children’s Law Center serves at-risk children and considers the whole child with each recommendation regarding the child’s best interest.</p> <p>The Children’s Law Center also works for public policy change, working to make children a political priority at the local, state, and national levels. The Children’s Law Center has made great progress in this area. They created the first Colorado Child Protection Ombudsman Program, promoted a 2013 Senate Bill to reduce the number of child abuse fatalities in the state, promoted a 2013 House Bill to streamline the process to report child abuse, and much more.</p> <p>The Children’s Law Center has several programs devoted to legal advocacy for children. The Education Program promotes the adoption of policies and procedures in the schools and legislature to recognize the impact of trauma on children’s learning behaviors, reduce school transfers for children in the child protection system, and redirect children in the school disciplinary system from the school-to-prison pipeline. The Children’s Law Center also has a caregiver advocacy program, a domestic violence program, a trauma-informed yoga program, and a therapeutic garden.</p> <p>The Children’s Law Center relies on donations to continue providing compassionate legal advocacy to abused, neglected, and at-risk children. Their annual operating expenses total over one million dollars per year. Donate on Colorado Gives Day by <a href="https://www.coloradogives.org/RMCLC/overview">clicking here</a> or any day by filling out the form on <a href="https://childlawcenter.org/give/">this webpage</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/xMoZ0B3Anec" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/colorado-gives-rocky-mountain-childrens-law-center-transforms-lives-abused-neglected-children-compassion/feed/ 0 http://cbaclelegalconnection.com/2016/12/colorado-gives-rocky-mountain-childrens-law-center-transforms-lives-abused-neglected-children-compassion/ 2016-12-02 16:27 +00:00 2016-12-02 09:27 -07:00 http://cbaclelegalconnection.com/?p=35925 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/Xk6jMUL3p7o/ Updates adopted rule changes adopted rules changes Colorado Rules of Professional Conduct ethics Rule Change 2016(12) Rule Change 2016(12) Released, Amending the Colorado Rules of Professional Conduct On Thursday, December 1, 2016, the Colorado Supreme Court issued Rule Change 2016(12), amending the Comment to Rule 2.1 of the Colorado Rules of Professional Conduct. Comment [2] of Rule 2.1, "Advisor," was changed by the addition of a sentence regarding allocations of parental responsibilities. Fri, 02 Dec 2016 16:09:47 Z http://cbaclelegalconnection.com/2016/12/rule-change-201612-released-amending-colorado-rules-professional-conduct/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, December 1, 2016, the Colorado Supreme Court issued <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/Rule%20Change%202016(12).pdf" target="_blank">Rule Change 2016(12)</a>, amending the Comment to Rule 2.1 of the Colorado Rules of Professional Conduct. Comment [2] of Rule 2.1, &#8220;Advisor,&#8221; was changed by the addition of a sentence regarding allocations of parental responsibilities:</p> <blockquote><p>[2] Advice couched in narrow legal terms may be of little value to a client, especially where practical considerations, such as cost or effects on other people, are predominant. Purely technical legal advice, therefore, can sometimes be inadequate.<span style="text-decoration: underline;"><span style="color: #0000ff; text-decoration: underline;"> In a matter involving the allocation of parental rights and responsibilities, a lawyer should consider advising the client that parental conflict can have a significant adverse effect on minor children.</span></span> It is proper for a lawyer to refer to relevant moral and ethical considerations in giving advice. Although a lawyer is not a moral advisor as such, moral and ethical considerations impinge upon most legal questions and may decisively influence how the law will be applied.</p></blockquote> <p>For the full text of Rule Change 2016(12), <a href="https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Rule_Changes/Rule%20Change%202016(12).pdf" target="_blank">click here</a>. For all of the Colorado Supreme Court&#8217;s adopted and proposed rule changes, <a href="https://www.courts.state.co.us/Courts/Supreme_Court/Rule_Changes.cfm" target="_blank">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/Xk6jMUL3p7o" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/rule-change-201612-released-amending-colorado-rules-professional-conduct/feed/ 0 http://cbaclelegalconnection.com/2016/12/rule-change-201612-released-amending-colorado-rules-professional-conduct/ 2016-12-02 16:09 +00:00 2016-12-02 09:09 -07:00 http://cbaclelegalconnection.com/?p=35927 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/1DbfIAkl8Ss/ Updates bankruptcy law employment law federal law immigration law U.S. District Court for the District of Colorado Courthouse of the U.S. District Court Closed on Friday, December 9, 2016 The U.S. District Court for the District of Colorado announced a courthouse closure. On Friday, December 9, 2016, from 12:45 to 6 p.m., the courthouse will be closed for business due to a law enforcement training exercise. Fri, 02 Dec 2016 16:09:27 Z http://cbaclelegalconnection.com/2016/12/courthouse-u-s-district-court-closed-friday-december-9-2016/#respond Susan Hoyt <div class="pf-content"><p>The U.S. District Court for the District of Colorado announced a courthouse closure. On Friday, December 9, 2016, from 12:45 to 6 p.m., the courthouse will be closed for business due to a law enforcement training exercise. The Alfred A. Arraj Courthouse will be closed to the public. The Byron G. Rogers Courthouse will remain open, but no court business will be conducted. Court business in the Durango and Grand Junction courthouses will be conducted as scheduled. All electronic systems to include CM/ECF and PACER will remain in operation during this time period. For more information, <a href="http://www.cod.uscourts.gov/" target="_blank">click here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/1DbfIAkl8Ss" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/courthouse-u-s-district-court-closed-friday-december-9-2016/feed/ 0 http://cbaclelegalconnection.com/2016/12/courthouse-u-s-district-court-closed-friday-december-9-2016/ 2016-12-02 16:09 +00:00 2016-12-02 09:09 -07:00 http://cbaclelegalconnection.com/?p=35923 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/mJOIErPSS1I/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 12/1/2016 On Thursday, December 1, 2016, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions. Fri, 02 Dec 2016 15:59:47 Z http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-1212016/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, December 1, 2016, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-5146.pdf" target="_blank"><em>Martin v. City of Tulsa</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-6144.pdf" target="_blank"><em>Blueberry v. Comanche County Facilities Authority</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-5049.pdf" target="_blank"><em>United States v. Langham</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/mJOIErPSS1I" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-1212016/feed/ 0 http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-1212016/ 2016-12-02 15:59 +00:00 2016-12-02 08:59 -07:00 http://cbaclelegalconnection.com/?p=35919 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/mKW4RxxqT_g/ Community business law Colorado Gives Colorado Gives Day health law Wheels of Justice Colorado Gives: Wheels of Justice Cycling Team Pedals for Pediatric Cancer Patients Each year, the Wheels of Justice Cycling Team rides in Colorado’s Courage Classic, a challenging 2-day bicycle tour covering 157 miles of mountain passes, in order to raise money for Children’s Hospital Colorado’s Center for Cancer and Blood Disorders. The Wheels of Justice has contributed over $3 Million toward treating and researching cancer, as well as supporting patients suffering from cancer. Thu, 01 Dec 2016 16:15:47 Z http://cbaclelegalconnection.com/2016/12/colorado-gives-wheels-justice-cycling-team-pedals-pediatric-cancer-patients/#respond CBA-CLE Staff <div class="pf-content"><p><strong><em>Colorado Gives:</em></strong><em> CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.</em></p> <p><a href="http://cbaclelegalconnection.com/2016/12/colorado-gives-wheels-justice-cycling-team-pedals-pediatric-cancer-patients/woj-logo/" rel="attachment wp-att-35920"><img class="alignleft size-full wp-image-35920" src="http://cbaclelegalconnection.com/wp-content/uploads/2016/12/WOJ-logo.jpg" alt="woj-logo" width="160" height="149" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2016/12/WOJ-logo.jpg 160w, http://cbaclelegalconnection.com/wp-content/uploads/2016/12/WOJ-logo-150x140.jpg 150w" sizes="(max-width: 160px) 100vw, 160px" /></a>Each year, the <a href="http://www.wheelsofjusticecycling.org/">Wheels of Justice Cycling Team</a> rides in Colorado’s Courage Classic, a challenging 2-day bicycle tour covering 157 miles of mountain passes, in order to raise money for Children’s Hospital Colorado’s Center for Cancer and Blood Disorders. The Wheels of Justice has contributed over $3 Million toward treating and researching cancer, as well as supporting patients suffering from cancer.</p> <p>The Wheels of Justice Team was created in 2005 by Heather Purcell and Aaron Bradford. They formed a team of attorneys to participate in the Courage Classic with the underlying goal of being the top fundraising team each year. In its first three years, the Wheels of Justice Team raised more than $500,000 for Children’s Hospital Colorado. Since then, the Wheels of Justice Team has raised more than 3 million dollars. In 2016, the team raised $345,000 with 238 riders from various law firms, corporations, and nonprofit organizations.</p> <p>The Wheels of Justice Team is always happy to accept new riders, be they experienced cyclists or weekend warriors. To join for the team, email <a href="mailto:info@wheelsofjusticecycling.org">info@wheelsofjusticecycling.org</a> or call (720) 323-2538.</p> <p>The Team also accepts sponsorships. In 2016, Denver’s top law firms and businesses stepped up as sponsors, adding more than $110,000 to the team’s total raised for Children’s Hospital Colorado. Sponsorship information is available at <a href="mailto:info@wheelsofjusticecycling.org">info@wheelsofjusticecycling.org</a>.</p> <p>Individual donations are also accepted. Each team member is required to raise $300 in addition to paying the race’s registration fee, so donations can be made to individual riders or the team as a whole. Contact <a href="mailto:info@wheelsofjusticecycling.org">info@wheelsofjusticecycling.org</a> for more information.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/mKW4RxxqT_g" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/colorado-gives-wheels-justice-cycling-team-pedals-pediatric-cancer-patients/feed/ 0 http://cbaclelegalconnection.com/2016/12/colorado-gives-wheels-justice-cycling-team-pedals-pediatric-cancer-patients/ 2016-12-01 16:15 +00:00 2016-12-01 09:15 -07:00 http://cbaclelegalconnection.com/?p=35900 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/Kr1FkfkDuw4/ Case Law business law Colorado Court of Appeals employment law unemployment unemployment benefits Colorado Court of Appeals: Cafeteria Plan Deductions Should Not Be Included in Unemployment Compensation Calculations The Colorado Court of Appeals issued its opinion in <em>Meyer v. Industrial Claim Appeals Office</em> on Thursday, November 17, 2016. Thu, 01 Dec 2016 16:10:48 Z http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-cafeteria-plan-deductions-not-included-unemployment-compensation-calculations/#respond Susan Hoyt <div class="pf-content"><p>The Colorado Court of Appeals issued its opinion in <em><a href="https://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/16CA0369-PD.pdf" target="_blank">Meyer v. Industrial Claim Appeals Office</a></em> on Thursday, November 17, 2016.</p> <p>Lizabeth A. Meyer (Claimant) received unemployment compensation benefits in the amount of $500 per week, effective March 11, 2012, and continuing until May 19, 2012, when she obtained full-time employment. During the majority of that period, she worked part-time at Coach, and for the last two weeks she worked full-time at Sutrak. A deputy for the Division of Unemployment Insurance conducted an audit of Claimant&#8217;s file and determined that she had been overpaid unemployment compensation benefits in the amount of $1,712 for the period from March 18, 2012, through May 19, 2012. The deputy found that claimant had underreported her hours and earnings for certain weeks during that period, and assessed a monetary penalty of $1,112.80 against her.</p> <p>Claimant appealed the deputy&#8217;s determination and an evidentiary hearing was held, at which Claimant conceded that the hours reported on her paystubs, rather than those she reported online, accurately reflected the hours she worked. However, she asserted that she was only required to report her taxable earnings, not her gross earnings. The Division&#8217;s hearing officer accepted Claimant&#8217;s concessions about the hours worked but held that she was required to report her gross earnings. The hearing officer found that because Claimant knowingly misrepresented her gross earnings, she was overpaid $1,890.64 in unemployment compensation, and assessed a monetary penalty of $1,228.91. Claimant appealed to the Industrial Claim Appeals Office, and the Panel affirmed. Claimant then appealed to the Colorado Court of Appeals.</p> <p>Claimant contended the Panel erred in determining she was required to report her gross earnings rather than her taxable earnings, arguing she was not required to report any contributions to her 26 U.S.C. § 125 cafeteria plan. The court of appeals agreed. The court found that the Division required Claimant to report her gross earnings, but that was in contravention of the definition of &#8220;wages&#8221; in C.R.S. § 8-70-142. The court held the Division erred in requiring Claimant to report her gross wages without deducting contributions to her § 125 cafeteria plan.</p> <p>Claimant next contended that the Panel erred in upholding the hearing officer&#8217;s determination that she knowingly failed to report her earnings accurately, and that both the Panel and hearing officer erred in determining she had received an overpayment and imposing a monetary penalty. The court of appeals agreed in part. The court found that, for the period from May 6 through May 21, 2012, Claimant was not eligible for unemployment compensation benefits and therefore was overpaid $1,000 for this period. The court found the Division did not err in imposing the 65% penalty for this period, in the amount of $650. However, for the period for which Claimant worked for Coach, she was eligible for benefits. Because the Division calculated Claimant&#8217;s overpayment based on her gross earnings rather than her taxable wages, the Division erred in its calculations. The court of appeals analyzed Claimant&#8217;s taxable wages and found an overpayment of $76 for the period in which she worked for Coach. The 65% penalty for this amount is $49.40, for a total of $125.40 owed for the period in which Claimant worked for Coach.</p> <p>The court of appeals affirmed in part, reversed in part, and remanded with directions for the Panel to issue a new order regarding the $76 overpayment.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/Kr1FkfkDuw4" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-cafeteria-plan-deductions-not-included-unemployment-compensation-calculations/feed/ 0 http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-cafeteria-plan-deductions-not-included-unemployment-compensation-calculations/ 2016-12-01 16:10 +00:00 2016-12-01 09:10 -07:00 http://cbaclelegalconnection.com/?p=35917 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/IoFGkv4EX08/ Case Law Colorado Court of Appeals Colorado Court of Appeals: Announcement Sheet, 12/1/2016 On Thursday, December 1, 2016, the Colorado Court of Appeals issued six published opinions and 23 unpublished opinions. Thu, 01 Dec 2016 16:10:17 Z http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-announcement-sheet-1212016/#respond Susan Hoyt <div class="pf-content"><p>On Thursday, December 1, 2016, the Colorado Court of Appeals issued five published opinions and 24 unpublished opinions.</p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/13CA2024-PD.pdf" target="_blank"><em>People v. Delgado</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/14CA0710-PD.pdf" target="_blank"><em>People v. Hardin</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/14CA1321-PD.pdf" target="_blank"><em>Hawg Tools, LLC v. Newsco International Energy Services, Inc.</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/15CA1327-PD.pdf" target="_blank"><em>Przekurat v. Torres</em></a></p> <p><a href="http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2016/15CA2063-PD.pdf" target="_blank"><em>Grant Brothers Ranch, LLC v. Antero Resources Piceance Corp.</em></a></p> <p>Summaries of these cases are forthcoming.</p> <p>Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is <a href="https://www.courts.state.co.us/Courts/Court_Of_Appeals/Case_Announcements/Files/2016/BD099A12-01-16.pdf" target="_blank">available here</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/IoFGkv4EX08" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-announcement-sheet-1212016/feed/ 0 http://cbaclelegalconnection.com/2016/12/colorado-court-appeals-announcement-sheet-1212016/ 2016-12-01 16:10 +00:00 2016-12-01 09:10 -07:00 http://cbaclelegalconnection.com/?p=35915 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/8iGGv7QDAwM/ Case Law 10th Circuit Tenth Circuit: Unpublished Opinions, 11/30/2016 On Wednesday, November 30, 2016, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions. Thu, 01 Dec 2016 16:04:28 Z http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-11302016/#respond Susan Hoyt <div class="pf-content"><p>On Wednesday, November 30, 2016, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.</p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-3029.pdf" target="_blank"><em>Patterson v. Colvin</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/15/15-4112.pdf" target="_blank"><em>Griffeth v. United States</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-3120.pdf" target="_blank"><em>United States v. Lopez</em></a></p> <p><a href="http://www.ca10.uscourts.gov/opinions/16/16-4139.pdf" target="_blank"><em>Tillman v. Bigelow</em></a></p> <p>Case summaries are not provided for unpublished opinions. However, some published opinions are <a href="http://cbaclelegalconnection.com/tag/10th-circuit/">summarized and provided by Legal Connection</a>.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/8iGGv7QDAwM" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-11302016/feed/ 0 http://cbaclelegalconnection.com/2016/12/tenth-circuit-unpublished-opinions-11302016/ 2016-12-01 16:04 +00:00 2016-12-01 09:04 -07:00 http://cbaclelegalconnection.com/?p=35910 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/KaoRsVO9kOA/ Community Colorado Gives Colorado Gives Day criminal law immigration law juvenile law Colorado Gives: Rocky Mountain Immigrant Advocacy Network Promotes a More Humane Immigration System The Rocky Mountain Immigrant Advocacy Network (RMIAN) is a nonprofit legal services organization that believes justice for immigrants means justice for all. RMIAN provides life-changing legal services to vulnerable immigrant children in Colorado, and to adults in immigration detention. Without this assistance from RMIAN’s attorneys, RMIAN’s child clients and individuals in detention would be forced to face immigration court hearings entirely on their own, an injustice by any standard. Wed, 30 Nov 2016 16:29:56 Z http://cbaclelegalconnection.com/2016/11/colorado-gives-rocky-mountain-immigrant-advocacy-network-promotes-humane-immigration-system/#respond CBA-CLE Staff <div class="pf-content"><p><strong><em>Colorado Gives:</em></strong><em> CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.</em></p> <p><a href="http://cbaclelegalconnection.com/2016/11/colorado-gives-rocky-mountain-immigrant-advocacy-network-promotes-humane-immigration-system/rmian/" rel="attachment wp-att-35911"><img class="alignleft size-full wp-image-35911" src="http://cbaclelegalconnection.com/wp-content/uploads/2016/11/RMIAN.png" alt="rmian" width="245" height="144" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2016/11/RMIAN.png 245w, http://cbaclelegalconnection.com/wp-content/uploads/2016/11/RMIAN-150x88.png 150w" sizes="(max-width: 245px) 100vw, 245px" /></a>The Rocky Mountain Immigrant Advocacy Network (RMIAN) is a nonprofit legal services organization that believes justice for immigrants means justice for all. RMIAN provides life-changing legal services to vulnerable immigrant children in Colorado, and to adults in immigration detention. Without this assistance from RMIAN’s attorneys, RMIAN’s child clients and individuals in detention would be forced to face immigration court hearings entirely on their own, an injustice by any standard. A national study, headed by a federal judge, found that immigrants with lawyers are five times more likely to win their cases than those without. For many, a loss in immigration court means deportation and a forced return to the persecution, abuse, or other violence from which they fled. For many others, it signifies a permanent and heartbreaking separation from spouses, partners, children, siblings, and other loved ones.  RMIAN’s programs are dedicated to ensuring legal representation, due process, and support.</p> <p><strong>RMIAN’s Detention Program</strong> has a daily presence at the immigration detention center in Aurora, Colorado, where over 900 individuals are detained on civil immigration charges every day. RMIAN’s attorneys provide know-your-rights presentations before detained individuals have to go before the immigration judge for the first time, assist with applications and case preparation, refer cases to pro bono attorneys, represent clients, and provide social service support for the most vulnerable detainees. Recent RMIAN cases involving clients in detention include a man from Somalia granted asylum on the basis of his political opinion; a longtime lawful permanent resident granted a second chance by the immigration judge to stay with his family in Colorado; a young man from Honduras granted asylum based on the persecution he would face because of his sexual orientation; and numerous clients who won bond reductions with RMIAN’s representation. <u>In 2015, RMIAN’s Detention Program provided 209 know-your-rights presentations to over 1,700 individuals in detention, conducted over 800 individual intakes, held 33 workshops for over 100 individuals fighting their cases on their own, and provided intensive individual assistance to over 500 detainees. In addition, RMIAN’s staff attorneys and volunteer attorneys represented 59 clients in their complete immigration court cases.</u></p> <p><strong>RMIAN’s Children’s Program</strong> provides immigration legal services to children through Colorado. Recent clients include a young man who was granted a T visa based on being a victim of human trafficking; several children who won Special Immigrant Juvenile Status as a result of being abused, abandoned or neglected; several young crime victims and their family members who were granted U Visas; and numerous youth who were granted Deferred Action for Childhood Arrivals. In the past several years, RMIAN’s Children’s Program has seen an exponential increase in its representation of unaccompanied children who fled horrors in their home countries and who are now seeking asylum and other immigration relief before the Denver Immigration Court. <u>In 2015, RMIAN’s Children’s program directly represented 288 children, conducted 658 intakes and consultations, and referred 205 cases to pro bono attorneys</u>. By providing free legal services to immigrant children, as well as outreach efforts to community partners, RMIAN educates children and their families on the rights and protections to which they are entitled under federal immigration law and works to ensure that Colorado’s communities are safe.</p> <p>In addition to direct legal services, RMIAN provides community education and training about immigration law, particularly as it relates to individuals in immigration detention and immigrant children. <span style="text-decoration: underline;">In 2015, RMIAN gave 66 presentations to 2,210 community members.</span></p> <p>Please consider making a donation to RMIAN today to help us fulfill our values statement, “We believe that justice for immigrants means justice for all.” Donations may be mailed directly to RMIAN at 3489 West 72<sup>nd</sup> Avenue, Suite 211, Westminster, CO 80030 or via RMIAN’s website at <a href="http://www.rmian.org">www.rmian.org</a>  RMIAN is participating in <a href="https://www.coloradogives.org/RMIAN/overview" target="_blank">Colorado Gives Day</a> on Tuesday, December 6, 2016.</p> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/KaoRsVO9kOA" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/11/colorado-gives-rocky-mountain-immigrant-advocacy-network-promotes-humane-immigration-system/feed/ 0 http://cbaclelegalconnection.com/2016/11/colorado-gives-rocky-mountain-immigrant-advocacy-network-promotes-humane-immigration-system/ 2016-11-30 16:29 +00:00 2016-11-30 09:29 -07:00 http://cbaclelegalconnection.com/?p=35907 http://feedproxy.google.com/~r/CBACLELegalConnection/~3/DP7zFXXmOLk/ CLE criminal law ethics litigation professional liability Candor to the Tribunal and the Duty of Confidentiality: How to Broach This Ethical Pitfall Rule 3.3 of the Colorado Rules of Professional Conduct provides that a lawyer shall not “make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer” or “fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.” But what exactly does this mean in the everyday practice of attorneys in Colorado? Wed, 30 Nov 2016 16:22:16 Z http://cbaclelegalconnection.com/2016/11/candor-tribunal-duty-confidentiality-broach-ethical-pitfall/#respond Kate Noble <div class="pf-content"><p><a href="http://cbaclelegalconnection.com/qtq80-usztbk/"><img class="alignleft size-medium wp-image-35908" src="http://cbaclelegalconnection.com/wp-content/uploads/2016/11/qtq80-uSztbK-300x200.jpeg" alt="qtq80-uSztbK" width="300" height="200" srcset="http://cbaclelegalconnection.com/wp-content/uploads/2016/11/qtq80-uSztbK-300x200.jpeg 300w, http://cbaclelegalconnection.com/wp-content/uploads/2016/11/qtq80-uSztbK-150x100.jpeg 150w, http://cbaclelegalconnection.com/wp-content/uploads/2016/11/qtq80-uSztbK-768x511.jpeg 768w, http://cbaclelegalconnection.com/wp-content/uploads/2016/11/qtq80-uSztbK-1024x681.jpeg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Rule 3.3 of the Colorado Rules of Professional Conduct provides that a lawyer shall not “make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer” or “fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel.” But what exactly does this mean in the everyday practice of attorneys in Colorado?</p> <p>Suppose the lawyer faces a client who intends to give false testimony or who refuses to correct a misstatement. What is material? May or must the lawyer withdraw from representation? Must the lawyer take further remedial measures? What must the lawyer do in an <em>ex parte</em> situation? In sum, how must the lawyer balance his or her duties to the client (particularly the attorney-client privilege) and the tribunal?</p> <p>The Colorado Bar Association Ethics Committee addressed these questions in Formal Opinion 123, “Candor to the Tribunal and Remedial Issues in Civil Proceedings.” Opinion 123 requires the attorney to first remonstrate with the client. If that is unsuccessful, the attorney may be required to withdraw from representation. As a final measure, the attorney may make disclosure to the tribunal under certain circumstances. However, “the disclosure to remedy such a false statement must be limited to the extent reasonably necessary to achieve such ends and must be made in the manner that is the least harmful to the client while satisfying the commands of Colo. RPC 3.3.”</p> <p>At noon on Tuesday, December 6, 2016, attorney <a href="http://cle.cobar.org/About/Faculty-Authors/Info/CUSTOMERCD/507233">Paul Gordon</a> will delve into the intricacies involved with Colo. RPC 3.3 in a timely one-hour CLE. Mr. Gordon will bring his expertise in representing plaintiffs in malpractice claims against lawyers throughout the United States. Attendees will also receive a copy of Mr. Gordon’s chapter in <a href="http://cle.cobar.org/Books/Product-Info/productcd/ZLPLIC16B"><em>Lawyers’ Professional Liability in Colorado</em></a> with further discussion of the topic. <a href="http://cle.cobar.org/Seminars/Event-Info/sessionaltcd/ET120616L">Register here</a> or by clicking the links below.</p> <p>&nbsp;</p> <div style="border: 1px solid #999999; background-color: #dadada;"> <table border="0" cellpadding="0"> <tbody> <tr> <td valign="middle"> <h3><a href="http://cbaclelegalconnection.com/about/clelogo-2/" rel="attachment wp-att-6869"><img class="alignleft size-full wp-image-6869" src="http://cbaclelegalconnection.com/wp-content/uploads/2010/03/CLELogo2.jpg" alt="CLELogo" width="141" height="121" /></a></h3> <h3>CLE Program: Lawyers&#8217; Duty of Candor to the Tribunal and Remedial Measures in Civil Actions and Proceedings</h3> <p>This CLE presentation will occur on December 6, 2016, at the CBA-CLE offices (1900 Grant Street, Third Floor), from noon to 1 p.m. Register for the <a href="http://cle.cobar.org/Seminars/Event-Info/sessionaltcd/ET120616L" target="_blank">live program here</a> or register for the <a href="http://cle.cobar.org/Seminars/Event-Info/sessionaltcd/ET120616W" target="_blank">webcast here</a>. You may also call (303) 860-0608 to register.</p> <p>Can&#8217;t make the live program? Order the homestudy here: <a href="http://cle.cobar.org/HomeStudies/Product-Info/productcd/ET120616J" target="_blank">MP3</a> • <a href="http://cle.cobar.org/HomeStudies/Product-Info/productcd/ET120616N" target="_blank">Video OnDema</a><a href="http://cle.cobar.org/HomeStudies/Product-Info/productcd/ET092716N" target="_blank">nd</a>.</td> </tr> </tbody> </table> </div> </div><img src="http://feeds.feedburner.com/~r/CBACLELegalConnection/~4/DP7zFXXmOLk" height="1" width="1" alt=""/> http://cbaclelegalconnection.com/2016/11/candor-tribunal-duty-confidentiality-broach-ethical-pitfall/feed/ 0 http://cbaclelegalconnection.com/2016/11/candor-tribunal-duty-confidentiality-broach-ethical-pitfall/ 2016-11-30 16:22 +00:00 2016-11-30 09:22 -07:00