Family Law CLE - Complex Issues and Updates

November 17, 2016

Administration Building, Olathe
Program Overview

Time
8-8:30 am / Registration
8:30-9:20am / Representing Clientsin High-Conflict Cases:What older, wiser, seasoned attorneys have to teach younger attorneys(ethics)
9:30-10:20am / Guardians ad Litem: We really “need” a Guardian ad Litem… Don’t we? - Practices, procedures, and working with a Guardian ad Litem in High Conflict Family Law
10:20-10:45am / Break
10:45-11:35am / Child Support: Advanced Issues in Dealing with Kansas Child Support and Guidelines
11:45am-12:35pm / Keeping Legal Minds Intact: Identifying, Preventing or Mitigating Compassion Fatigue (ethics)
12:35-1:30pm / Lunch
1:30-2:20pm / Advocacy and Ethics: When the Opposing Party is Self-Represented (ethics)
2:30-3:20-pm / Judge’s Panel: What family court judges want every practitioner to know–Evidence, Argument, and Civility
3:30pm-5pm / Reception – JCBA Offices

8-8:30amRegistration
Coffee and pastries

8:30-9:20am
Representing Clientsin High-Conflict Cases:What older, wiser, seasoned attorneys have to teach younger attorneys(ethics)

Facilitators: Galamba, Bressel and Lucansky

Interacting with opposing counsel should incorporate a relatively cooperative process. Unfortunately, in Family Law matters, a client’s emotions can influence an attorney’s advocacy, which can result in an emotionally and financially expensive case. Whether you’re a young or seasoned attorney, the Rules of Professional Responsibility impose a duty on you to ask questions, avoid abusive discovery, be candid with your clients, and maintain professional courtesy with opposing counsel. This presentation will address how you can fulfill your ethical responsibilities while advocating for your client in a manner that creates unnecessary conflict between attorneys.

9:30-10:20am
Guardians ad Litem: We really “need” a Guardian ad Litem… Don’t we? - Practices, procedures, and working with a Guardian ad Litem in High Conflict Family Law

Facilitators: Ashyn Yarnell, Stephanie Goodenow and Amy Vinton

What type of third-party service is appropriate to request when a child’s position needs examination? Guardian ad Litem? Domestic case manager? Child Interview? Home Study? Psychological Evaluation? A session for attorneys evaluating the best possible fit for intervention in high-conflict co-parenting cases, issues relating to child representation and advocacy, and limiting exposure to trauma for children.

10:20-10:45 - Break

10:45-11:35am
Child Support: Advanced Issues in Dealing with Kansas Child Support and Guidelines

Facilitators: Katie McClafin

  1. 2016 Changes to the Child Support Guidelines
  1. Review of Significant Changes:
  1. Income- Wage Earner (added VA Disability payments, Social Security Disability payments, employer provided or private disability insurance payments)
  2. Imputed Income- Can be imputed to either parent, value of both in-kind payment and reimbursement of certain expenses must be added to gross income
  3. Factors when decided which parent pays direct expenses
  4. Extended Parenting Time Adjustment
  5. Extraordinary Expenses removed
  6. Sanctions for Failure to Disclose material changes of circumstances
  1. Extended Income Formula
  1. Case Law Summary
  2. Tax Is How does the increase in child support schedules affect extended income formula analysis?
  1. Tax Issues
  1. Affordable Care Act
  2. Income from LLC or S-Corporations
  3. Child Tax Credit & Phase out
  4. Exemption Phase out
  5. Exclusion from income of Dependent Care benefits
  1. Case Law Update
  1. In the Matter of the Marriage of Fuller

11:45am-12:35pm
Keeping Legal Minds Intact: Identifying, Preventing or Mitigating Compassion Fatigue(ethics)

Facilitators: Anne McDonald, KLAP

People often go to law school hoping to make the world a better place. Many lawyers pursue that goal – representing victims of domestic violence, defending those facing homelessness because of foreclosure, those accused of crime who also suffer from addiction or mental illness or assisting immigrants facing deportation, for example. Yet over time, this work can lead to compassion fatigue. Compassion fatigue is defined as the cumulative physical, emotional and psychological effects of being continually exposed to traumatic stories or events when working in a helping capacity. It has been studied extensively in social workers, nurses, doctors and therapists who work with victims of trauma. Recently researchers have begun to examine the impact upon legal professionals. This seminar will look at which legal professionals are most at

risk, the development of compassion fatigue, the interface between attorney impairment and discipline and what individual and organizational measures can prevent and mitigate compassion fatigue.

I. Ethical Rules of Conduct Impacted by Attorney Impairment.

II. Defining compassion fatigue. What is it? How does it play out?

III. Interface between impairment and ethical violations.

IV. Review of the Research on Attorneys and Compassion Fatigue.

  1. Mitigating compassion fatigue; what is the formula for staying fit to practice.

12:35-1:30pm - Lunch

1:30-2:20pm
Advocacy and Ethics: When the Opposing Party is Self-Represented (ethics)

Facilitators: Keven M.P. O'Grady

  1. Title: Pro Se Litigants, Limited Scope Representation & Family Law in a DIY World. Who are they and how do we ethically and effectively Serve with them
  2. Learning Outcomes
  3. Gain a greater understanding of the explosion in unrepresented litigants including
  4. who they are,
  5. why they are choosing not to be represented and
  6. how the unrepresented litigant perceives the legal process.
  7. Understand the law applicable to unrepresented litigants
  8. Recognize the ethical dilemmas and traps inherent in working with an unrepresented opposing party including
  9. Conflicts of interest
  10. Neutrality
  11. Candor toward the tribunal
  12. Fairness to opposing parties
  13. KRPC 1.7, 2.3, 3.3, 3.4, 4.1, 4.3, 4.4 and 8.4
  14. Understand how the lawyer’s role differs from the judge’s
  15. Practical suggestions for dealing with an unrepresented party
  16. An introduction to limited scope practice as a way to expand legal practice to those who might not otherwise hire an attorney.
  17. Speaker: Keven M. P. O’Grady, District Court Judge, Division 1, Olathe, Kansas. B.A. Rockhurst College, 1984 and J.D. University of Kansas, 1987. Appointed by Governor Sam Brownback in August 2012. Private practice from 1987 to 2012 working mostly in family law with the firm of Ferree, Bunn, O’Grady & Rundberg, Chtd. Johnson County Bar Association's Family Law Bench-Bar Committee, member 1988 to present, Chair 1997-2012. Kansas Supreme Court Access to Justice Committee (formerly known as the Self Represented Party Committee) member August 2008 to 2013. Founding member and current President of the Johnson County Family Law American Inn of Court. Kansas Bar Association Family Law Section (past president and board member). CASA of Johnson & Wyandotte County, Kansas Attorney of the Year, 2005. Recipient of the Kansas Bar Association Pro Bono Certificate, 2010. Assists in the implementation and operation of the Johnson County District Court Help Center. Member of the Johnson County Bar Association, Kansas Bar Association, Association of Family and Conciliation Courts, Kansas District Judges Association, and American Judges Association.

2:30-3:20-pm
Judge’s Panel: What family court judges want every practitioner to know–Evidence, Argument, and Civility

Facilitators:Judge Keven M.P. O’Grady and other Johnson County Family Court judges

Learning Outcomes/Topics

  1. Recent family law cases that impact everyday family court practice
  2. Common problems in child support
  3. Shared residency
  4. Worksheets
  5. Domestic relations affidavits
  6. Divorces and Parentage case differences
  7. Understanding the jurisdictional differences between the UCCJEA and UIFSA
  8. Motions to Compel Discovery
  9. Mistakes in offering exhibits
  10. Mass introductions
  11. Ex parte orders and requests for emergency relief
  12. The differences and purposes
  13. Suggestions that will help you get a faster decision
  14. Completed and filed pretrial orders
  15. Joint Property division worksheets
  16. DRAs and cover sheets
  17. Rule 170
  18. Suggestions that will streamline your interaction with Admin. Assistants and clerks
  1. Speakers:
  2. Christina Dunn-Gyllenborg, District Court Judge, Division 9, Olathe, Kansas. B.A. University of Kansas, 1994, J.D. University of Kansas 1994. Appointed by Governor Sam Brownback, July 2012. Private law practice, Gyllenborg & Dunn, 2004-2012, Assistant District Attorney, Johnson County, Kansas, 1994-2004, Law Student Intern Prosecutor, Johnson County, Kansas, 1992-1994, and Congressional Intern, Senator Robert J. Dole, Office of the U.S. Senate Majority Leader, 1991. •National Council of Juvenile and Family Court Judges. Johnson County Bar Association (Member, 1994-present; Ethics & Grievance Committee, 2007-2012; Board of Directors Secretary-Treasurer, 2010-present; Nominating Committee, 2010; Criminal Law Bench/Bar Committee, 2004-present). Johnson County Bar Foundation (Member, 1994-present; Board of Trustees Treasurer, 2010-present; Finance Committee, 2010-present; Gold Fellow, 2003-present; Legacy Celebration Committee, Member, 2007-present and Chairperson 2009-2010), Kansas Bar Association, Johnson County Family Law American Inn of Court, 2012 to present. Earl E. O'Connor American Inn of Court, Member, 2010-present, Kansas Association of Criminal Defense Lawyers, Member, 2008-present, Kansas District Judges Association, Kansas County & District Attorneys Association, Member, 1994-2004, Johnson County Regional Police Academy, Instructor, 2000-2004, Ladies of Charity of Metropolitan Kansas City, Member 2012-present.
  3. Neil B. Foth, District Court Judge, Division 16, Olathe, Kansas. B.A. University of Kansas, 1981, J.D. University of Kansas 1984. Appointed by Governor Kathleen Sebelius, January 2009. Third Judicial District Public Defender's Office (Shawnee County), 1984-1987, Couch & Pierce, Chtd., 1987-1988, Foth & Orrick, LLP (and predecessors), 1988-2009. Johnson County Bar Association, Johnson County Family Law Bench-Bar Committee, Kansas Bar Association, Kansas District Judges Association, Association of Family and Conciliation Courts, National Council of Juvenile and Family Court Judges, American Judges Association, Johnson County Family Law American Inn of Court.
  4. Keven M. P. O’Grady, District Court Judge, Division 1, Olathe, Kansas. B.A. Rockhurst College, 1984 and J.D. University of Kansas, 1987. Appointed by Governor Sam Brownback in August 2012. Private practice from 1987 to 2012 working mostly in family law with the firm of Ferree, Bunn, O’Grady & Rundberg, Chtd. Johnson County Bar Association's Family Law Bench-Bar Committee, member 1988 to present, Chair 1997-2012. Kansas Supreme Court Access to Justice Committee (formerly known as the Self Represented Party Committee) member August 2008 to 2013. Founding member and current President of the Johnson County Family Law American Inn of Court. Kansas Bar Association Family Law Section (past president and board member). CASA of Johnson & Wyandotte County, Kansas Attorney of the Year, 2005. Recipient of the Kansas Bar Association Pro Bono Certificate, 2010. Assists in the implementation and operation of the Johnson County District Court Help Center. Member of the Johnson County Bar Association, Kansas Bar Association, Association of Family and Conciliation Courts, Kansas District Judges Association, and American Judges Association.
  5. Robert J. Wonnell, District Court Judge, Division 6, Olathe, Kansas. B.S. Phillips University, 1998, J.D. University of Kansas, 2001. Appointed by Governor Sam Brownback January 2015. Private Practice with McAnany, Van Cleave and Philips, P.A. 2001-2015. Member Johnson County Bar Association (Board of Directors 2009-2011), Kansas Bar Association, Kansas District Judges Association, Johnson County Family Law Inn of Court and American Association of Family and Conciliation Courts. Elder, Fellowship Bible Church. Board of Directors, Living Waters Canoe Ministry.

3:30-5pmNetworking Reception at JCBA offices.

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