Contempt of Court

Contempt of Court

Colorado Rule of Civil Procedure 107 (C.R.C.P. 107) governs contempt proceedings in Colorado. Carefully review and learn that rule. Chances are, you are working with indirect contempt that happened outside of the courtroom. Be sure about which type of contempt you are bringing and what relief you are asking the court to impose. Direct versus Indirect Contempt It is not very often that direct contempt occurs. Once, a very well-respected Judge in Colorado had a young man appear before him in a shirt that said, “F— you.” The real word was printed on his shirt, but for decency here, you know enough. … Read more

Why Not Early Neutral Assessment?

Why Not Early Neutral Assessment?

The Early Neutral Evaluation or Early Neutral Assessment (ENA) process has its roots in Hennepin County, Minnesota. The process assists families to resolve child related matters early on in a contested divorce or allocation of parental responsibilities case. The hope was to get the matters related to children settled early so as to lessen the impact on the children while also ensuring these concerns did not become conflated with financial matters. The process and team was designed with care. Team members possessing a strong background in family law matters and parenting disputes are essential. Each team member is a highly … Read more

Trial – How to Prepare When You are Representing Yourself Part 2

Trial – How to Prepare When You are Representing Yourself Part 2

Representing yourself at trial can be daunting. This article is intended to help you prepare to represent yourself at a hearing or trial by providing information about evidence and exhibits. You might start with our previous post on preparing for trial when you are representing yourself. EVIDENCE Remember when you learned the scientific method in grade school? The Colorado Rules of Evidence somewhat mirror the scientific method—they help you marshal all the clues into one large coherent story. The Colorado Rules of Evidence are the rules that govern how each party’s story will be told and they apply to each … Read more

Trial – How to Prepare When You are Representing Yourself

Trial – How to Prepare When You are Representing Yourself

Representing yourself at trial? Here are a few pointers for planning your time and witness preparation.  It may sound difficult, but if you allow yourself enough time, you can prepare yourself for your hearing. TIME FOR TRIAL and PREPARATION To plan your case, you MUST know how much time is allotted for your hearing. It should be printed on your Notice, in a Pre-Hearing Order, or in your Case Management Order. If you do not have such a Notice or Order, call the Court Clerk and ask how much time is allotted for the hearing, and how much of that … Read more

Top 10 Divorce Mistakes

1. Hiding Money The Court will look with extreme disfavor on any party who hides money in anticipation of a separation or divorce. Always play fair with the other party. You will be disclosing all your financials as a requirement under Colorado law. Hiding assets is rarely successful. Remember that upon service of a Petition for Dissolution (divorce papers) temporary injunctions go into effect and specifically prohibit this type of behavior. Violation of the temporary injunctions is a very serious offense and could result in being found in contempt of court and lead to fines and/or time in jail. 2. … Read more

Do I Need a Lawyer?

Do I Need a Lawyer?

My grandmother lived in the same small South Dakota town since the end of World War II and died at the age of 92 in 2013. My mother was tasked with administering her estate. Even I assumed the process would be relatively easy. My grandmother had a small amount of assets and had a will. Wrong! South Dakota required the personal representative of the estate (i.e. the “executor”) to hire an attorney. When another family member died in late 2016, a brief inquiry by his personal representative revealed that the law in South Dakota remains unchanged. To administer even a small … Read more

5 Advantages of Settlement

5 Advantages of Settlement

1.  You remain in charge of the settlement instead of giving it over to a 3rd party decision maker. Who knows the most about your relationship history and your family? The answer to this question is always the two parties involved in the dispute. A judicial officer will never understand your family the way you do. Clients often say, “I want my day in court,” and sometimes continue to insist on that when they could achieve a better and more satisfying outcome by negotiating in good faith. 2.  You save the cost of having to go to court. Even a very … Read more

Assisted Self-Representation… Unbundled Legal Services…. Rule 11(b) Representation… Limited Scope Representation…

Assisted Self-Representation…  Unbundled Legal Services…. Rule 11(b) Representation… Limited Scope Representation…

Confused Yet? All of the terms above refer to the same thing in Colorado. Unbundled Legal Services is a way for an individual to obtain legal services and/or legal advice without hiring an attorney for full representation. There is a component of the Colorado Rules of Professional Conduct which allows a lawyer to provide limited representation to self-represented parties. This is permitted by Colorado Rule of Civil Procedure 11(b). Legal services can be “unbundled” so that an individual can obtain just the services needed. If you are thinking, “I am representing myself. Why in the world would I want an attorney involved at all?” … Read more

Estate Planning When You Own a Second Home

Estate Planning When You Own a Second Home

What should you do with that vacation home in Florida, your little cabin in the woods of Michigan, your timeshare at the Las Vegas Casino, or your sunbird condo in Arizona when you are planning your estate or writing your will? With the decrease in the need for tax planning trusts, and the relatively streamlined probate process in Colorado, many clients are choosing not to use a trust when they visit us about their estate planning needs. One pesky issue usually remains: their out-of-state second home. If they do not attend to it prior to their death, ancillary probate will … Read more

How to Choose a Divorce Lawyer in Colorado

How to Choose a Divorce Lawyer in Colorado

10 Things to Consider When Scouting for Legal Representation It can be difficult to try to choose a lawyer during the emotional upheaval that often accompanies the start of a divorce. It might be the first time you have really needed to hire an attorney and you may have no idea of what is reasonable for a rate. How will you afford an attorney? How will you find one? What questions should you ask? Choosing the right attorney is important to assure your matter moves forward smoothly and efficiently and at a reasonable cost. This article has some strategies to get you … Read more