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Attorneys 2009 Boulder County

Profiles & Reference Book


Our firm has earned its reputation for excellence by providing innovative, high quality, and timely legal services. We offer large firm expertise and small firm service: accessibility, personal attention, and cost effectiveness. We utilize our attorneys’ wide range

PRACTICES

of experience to serve the needs of our clients.

Accidents & Personal Injury Workers’ Compensation Water Law & Litigation School Districts & Special Districts Family Law & Litigation Estate Planning, Probate & Litigation Business Entities, Transactions & Litigation Real Estate, Land Use, Development & Conservation Employment Law & Litigation Civil Litigation Liquor Licensing

Richard N. Lyons, II Jeffrey J. Kahn John W. Gaddis Bradley A. Hall Steven P. Jeffers Anton V. Dworak Adele L. Reester

Eve I. Canfield Scott E. Holwick Matthew Machado Madoline Wallace-Gross Chad A. Kupper

Daniel F. Bernard Senior Counsel

Catherine A. Tallerico Special Counsel

5 1 5 K i m b a r k S t r e e t · S e c o n d F l o o r · P. O. B o x 9 7 8 · L o n g m o n t , C O 8 0 5 0 2 P h o n e : 3 0 3 - 7 7 6 - 9 9 0 0 · Fa x : 3 0 3 - 4 1 3 - 1 0 0 3 · w w w. b l g l a w. c o m

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Attorneys 2009 Boulder County

Profiles & Reference Book

Table of Contents

4 Boulder County program and office resources

8 Branding a product with a trademark

10 Benefits of a Revocable Living Trust 11 10 tips for planning for death and disability 13 Learn what probate is 14 The foundations of elder law 16 Things to consider before signing a contract 18 Selection of a fiduciary in estate planning 19 U.S. immigration law 21 Survey review contingency in buying real estate 23 Child custody and support in Colorado 25 Workers’ compensation in Colorado 26 Obtaining a liquor license 28 Freeze your credit files 30 Is your non-compete agreement enforceable?

Welcome to the 2009 Boulder County Attorneys Profiles & Reference Book. This publication was designed as a reference to consumers finding legal assistance. Within this useful resource, readers will find an array of comprehensive articles written and submitted by local legal professionals, as well as supplied by local legal resources. The publication will help you make informed decisions when it comes to your legal needs. The 2009 Boulder County Attorneys Profiles & Reference Book is a publication of the Longmont Times-Call. This book can be accessed in its entirety online at www.TimesCall.com.

Editor

Kristi Ritter

303-684-5275, kkritter@times-call.com

Assistant Editor

Summer Stair

720-494-5429, sstair@times-call.com

Cover Design

Travis Claussen

Advertising Director

John DiMambro

32 A look at end of life medical decisions

Advertising Display Manager

34 How to choose and use a lawyer

Sales

Tanya Aschenbrenner

38 Changes of bankruptcy

Sales

Frank Leyhe

39 A blended family arrangement

303-684-5282, fleyhe@times-call.com

40 Dealing with a neighborhood dispute

The 2009 Boulder County Attorneys Profiles & Reference Book is a copyrighted product of the Longmont Times-Call. All graphics, artwork, typography and editorial may not be reproduced without permission. Guest article authors must be contacted for any reproduction rights. For advertising information, call 303-776-2244.

36 Financial assistance for hard times

42 Employees beware of wrongful discharge 44 Prepare for an auto collision 46 Equal housing opportunities 48 Protect yourself from identity theft Los artículos españoles: 52 Inmigración

Penny Dille

303-684-5309, taschenbrenner@times-call.com

54 Escoger un Abogado 56 Recursos Legales en el Condado de Boulder 2009 Boulder County Attorneys

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Local Resources

Boulder County Legal Resources

Access Counseling Boulder: 303-546-9100 Longmont: 303-776-8211 Shared Parenting: 303-546-9100 www.accessboulder.org info@accessboulder.org Access Counseling provides early intervention counseling, education and referral services to adult individuals, families, couples, children and adolescents in Boulder County regardless of their ability to pay. Blue Sky Bridge, Child and Family Advocacy Program P. O. Box 19122, Boulder, CO 80308 303-444-1388 www.blueskybridge.org info@blueskybridge.org Blue Sky Bridge is a child and family advocacy program dedicated to providing a comprehensive approach to child abuse investigation and child sexual abuse prevention. Boulder City Attorney P. O. Box 791, Boulder, CO 80306 303-441-3020 www.bouldercolorado.gov/cao The Office of the Boulder City Attorney advises and represents the City Council of Boulder, Boards and Commissions, and city departments in all legal matters involving these entities. This office also drafts ordinances for the City Council’s approval. Additionally, this office prosecutes violations of municipal ordinances. Parties involved in landlord/tenant and community disputes may request mediation services through the Housing and Human Services Department at 303-441-4364. 24-hour citizens’ information line is available at 303-441-4060. Call 303-441-3025 for municipal court prosecution matters. Boulder County Aids Project 2118 14th St., Boulder, CO 80302 303-444-6121 ext. 105 – English 303-444-7181 – Spanish 82 21st Ave., Suite C, Longmont, CO 80501 303-774-8827 www.bcap.org The mission of the BCAP is: to provide 4

support, advocacy and education to those in the community who are infected with or affected by HIV/AIDS; and to serve as an outreach and informational center to prevent the further transmission of HIV. Boulder County Bar Association 1942 Broadway, Suite 205, Boulder, CO 80302 303-440-4758 www.boulder-bar.org The Boulder County Bar is a voluntary membership organization of attorneys practicing in Boulder County. It provides educational programs to its members, the community, the school district, the media and public interest organizations. The bar arranges speaker presentations for community groups at no charge. A professionalism committee is available to respond to clients who have ethical questions with their legal representation. It does not refer lawyers or give legal advice, but maintains a Find A Lawyer section on its Web site. Boulder County Legal Services 315 W. S. Boulder Road, Suite 205 Louisville, CO 80027 303-449-7575 www.ColoradoLegalServices.org Boulder County Legal Services, an office of Colorado Legal Services, is a private, nonprofit corporation whose mission is to provide meaningful access to high quality civil legal services in the pursuit of justice for as many low income persons and members of vulnerable populations throughout Colorado as possible. BCLS provides legal assistance through its staff attorney; pro bono coordinator; secretary/ receptionist; approximately 10 volunteer paralegals; and a cadre of approximately 300 private, volunteer lawyers to whom clients are referred, if accepted for service. Center For People With Disabilities 1675 Range St., Boulder, CO 80301 303-442-8662 www.cpwd-ile.org CPWD provides information, resources and advocacy to assist people with disabilities in overcoming barriers to independent living. CPWD is committed to the full integration of people with disabilities into all aspects of community life, offering core services to guide people in their pursuit of independence, home Continued on 5

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health services to support activities of daily living, and training in self-advocacy skills for maintaining independence. The Center’s Legal Initiatives Project The Gay, Lesbian, Bisexual & Transgender Community Center of Colorado 1050 Broadway, Denver, CO 80203 Legal Hotline, 303-282-6524 (Monday-Friday) www.glbtcolorado.org clip@glbtcolorado.org CLIP is the legal outreach project of The Gay, Lesbian, Bisexual & Transgender Community Center of Colorado. CLIP’s mission is to defend and expand the civil and legal rights of GLBT persons and those with HIV. The center also promotes and expands civil and legal rights of GLBT persons and those with HIV. They strive to promote understanding and tolerance by educating the public about discrimination against the GLBT community and those with HIV. CLIP pursues high-impact litigation that establishes legal precedents in the courts to improve the lives of GLBT people. City of Boulder Community Mediation Service City of Boulder Housing and Human Services P. O. Box 791, Boulder, CO 80306 303-441-4364 www.ci.boulder.co.us/cyfhhs/mediation The Boulder Mediation Service provides low fee mediation services to City of Boulder residents in the areas of landlord/tenant, parent/teen, neighborhood, community, nonprofit, youth, restorative justice, racial and multicultural issues. Mediators are available during the day, evenings and weekends in order to accommodate all schedules. Clinical Education Program University of Colorado at Boulder Wolf Law Building Campus Box 404, Boulder, CO 80309-0404 303-492-8126 www.colorado.edu/law/clinics/legalaid/ clinic.htm The University of Colorado Clinical Education Program offers free legal services in certain kinds of civil, criminal, juvenile and non-litigation business matters. The program is staffed by licensed, clinical faculty members who supervise volunteer law student attorneys. 2009 Boulder County Attorneys

Courts of the 20th Judicial District Boulder County Court

Civil & Small Claims Longmont Branch 1035 Kimbark St., Longmont, CO 80501 720-564-2522 Hours: Monday through Friday, 8 a.m. to 5 p.m.

Boulder Justice Center 1777 Sixth St., Boulder, CO 80306 303-441-3750 Hours: Monday through Friday, 8 a.m. to 5 p.m. The Colorado Court system is divided into 22 judicial districts. Each district has a court and each county within the judicial district has a county court. The 20th Judicial District is comprised of Boulder County. The courts of the 20th Judicial District have two locations: Longmont and Boulder. All District Court and some County Court cases are handled at the Boulder Justice Center. These include civil, domestic, probate, mental health, adoptions, criminal, juvenile and all county court cases: traffic, misdemeanor, civil and small claims. The Longmont Branch of the County Court handles traffic infractions, misdemeanors, civil claims up to $15,000 and small claims up to $7,500. Continued on 6

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Local Resources

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Office of the District Attorney Boulder County Justice Center P.O. Box 471, Boulder, CO 80306 303-441-3700 www.co.boulder.co.us/da The Boulder County District Attorney’s office is responsible for prosecuting all violations of state law occurring in Boulder County, including misdemeanors, traffic offenses, drunk driving crimes and felony offenses. The office also maintains a victim witness division. The division addresses itself to the needs of victims, providing crisis intervention, counseling, advocacy, and where possible, restitution.

El Comité de Longmont 455 Kimbark St., Longmont, CO 80501 303-651-6125 elcomite@qwestoffice.net Se habla español; somos bilingue y bicultural El Comité de Longmont is a human rights and advocacy organization whose mission is to assist Latinos and others in our community through direct client services (in the office and by phone), programs and through an extensive referral network. They assist in areas such as: unemployment and lost/unpaid wages; translation of legal documents (carte de poder, marriage licenses and birth certificates, etc.); immigration issues; family issues (divorce, funeral, limited mediation, etc.); court and justice system concerns (restraining orders, traffic and other citations, etc.); education; and mediation. They are not a legal services agency, but do refer clients to appropriate resources which usually serve them based on their ability to pay. Immigrant Legal Center of Boulder County/ Centro Legal Para Los Inmigrantes Del Condado de Boulder 948 North St., Suite 8, Boulder, CO 80304 6

303-444-1522 www.boulderayuda.org laurel@boulderayuda.org The Immigrant Legal Center is a 501(c)(3) non-profit organization providing assistance with immigration matters in both English and Spanish. El Centro Legal para los Immigrantes es una organizacion de Colorado sin fines lucrativos especializada en asuntos de inmigracion. La abogada, Laurel Herndon, es proficiente en el espanol. Office of the Longmont City Attorney 408 Third Ave., Longmont, CO 80501 303-651-8619 The Longmont City Attorney’s Office provides legal advice to the City Council upon matters that come before the Council. The office gives legal advice to and represents city officials, departments, boards and commissions. Staff attorneys are responsible for prosecuting all violations of municipal ordinances including municipal traffic matters. Parties involved in landlord/tenant, housing, neighborhood and community disputes may contact the Community Relations Office at 303-651-8445 to obtain an informational pamphlet or request a free mediator. Longmont Mediation Services 350 Kimbark St., Longmont, CO 80501 303-651-8444 www.ci.longmont.co.us Mediation is an effective alternative to fighting, suing or giving up. Tax-payer supported services are available at no cost to members of the Longmont community. The services work in the areas of landlord/tenant, neighbor-to-neighbor, animal control, code violations, consumer/merchant, family issues, community issues, fair housing, inter-cultural issues and parent/teen issues. Nosotros hablamos español, tambien. Office of the Public Defender 1881 Ninth St., Suite 200, Boulder, CO 80302 303-444-2322 www.state.co.us/defenders boulder.pubdef@state.co.us The Boulder Office of the Colorado State Defender is staffed by lawyers, secretaries, paralegals, investigators, intern law students Continued on 7

2009 Boulder County Attorneys


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supervise visits with their children.

and volunteers. The attorneys in this office defend persons charged in felony, misdemeanor and juvenile cases in Boulder and Broomfield counties.

Safehouse Progressive Alliance for Nonviolence Inc. Crisis Line: 303-444-2424 Administrative offices: 303-449-8623 info@safehousealliance.org www.safehousealliance.org SPAN is a human right organization committed to ending violence against all women, transgender people, youth and children through support, advocacy, education and community organizing. The SPAN Legal Advocacy Program assists victims with obtaining Civil Protection Orders, answering questions about the criminal, civil and immigration legal processes, accompanying victims to court and providing an immigration issues clinic and a drop-in legal issues clinic.

Shared Parenting Program 303-546-9100 www.accessboulder.org The Shared Parenting Program addresses the need for a low-cost neutral and safe site where divorced or separated parents, grandparents and others with parental rights can exchange/visit their children without violence or hostility. Neutral exchange sites prevent conflict by providing staggered schedules so the parent delivering the child(ren) does not see or talk to the parent picking up the child(ren). Trained personnel in a home-like family oriented atmosphere monitor the children while they wait for the other parent. Services include exchanges, supervised parenting time and therapeutic parenting. Safe Shelter of St. Vrain Valley 303-772-0432 303-772-4422 - 24 hour crisis line www.safeshelterofstvrain.org info@safeshelterofstvrain.org Safe Shelter provides protection, intervention and support to those whose lives have been affected by domestic violence. The legal advocate provides free assistance to those seeking protection orders and information and referrals for divorce and custody cases. Safe Shelter provides empowerment-based counseling, education and referral services to families in need. St. Vrain Valley Family Services - S.A.F.E. Services Meeker Center 839 Meeker St., Longmont, CO 80501 303-776-5348 www.stvrainfamilycenter.org The center promotes healthy parenting and family relationships by providing educational opportunities, supportive services and resources in a safe and nurturing environment. The center’s S.A.F.E. Services provides a safe location for the exchange of children between divorced or separated parents and supervised parenting time for parents who are required to have a third party 2009 Boulder County Attorneys

Student Legal Services 311 University Memorial Center Box 206 UCB, Boulder, CO 80309-0206 303-492-6813 www.colorado.edu/studentaffairs/legal/ Student Legal Services provides low-cost legal services to full-time students at the University of Colorado (both undergraduate and graduate). The office represents students in a variety of areas including traffic tickets, criminal matters, DUI/DWAI, landlord/tenant and consumer problems. VORP 3910 Table Mesa Drive, Boulder, CO 80305 303-442-6040 www.bouldervorp.org info@bouldervorp.org The Victim Offender Reconciliation Program of Boulder County is an independent, non-profit mediation program serving the community, victims and offenders involved in crimes or disputes. The VORP mediation process involves meetings between parties in a structured and safe environment. YWCA 2222 14th St., Boulder, CO 80304 303-443-0419 www.ywcaboulder.org The YWCA is a nonprofit organization that offers drop-in childcare, career counseling, computer classes, a family resource center and more. 7


Business Law

The Importance of Branding a Product

By Rick Martin Trademarks can live as long as America. Their collective value, such as Coca Cola and Chevrolet, are a thousand times more valuable than all the patents in America. Do you know the difference between a strong, weak or mediocre trademark? The majority of manufacturing executives suffer from one common malady. They want to name the product exactly what it is. A new grass seed would be named, “slow grow no water grass seed.” Most executives believe they gain extra leverage by describing the essence of their product in the trademark. That might be Martin true. However, today’s free society does not condone the monopolization of descriptive common words for new products. The English language is public property. Most executives forget this basic fact when considering a new trademark. Trademark rights are a form of permanent monopoly for particular words, slogans or logos. It would not be fair to grant a monopoly to a firm whose logo was simply a drawing of the Rocky Mountains, for example. This would forbid others from ever using a similar logo for like products. The society believes the Rocky Mountains, like the English language, are public treasures to be shared by all. Therefore, society will not enforce any law that gives a monopoly on descriptive words or logos (a few narrow exceptions exist). Arbitrary Trademarks What shall you do? The heavy hitters in the history of the American economy have chosen arbitrary trademarks. Prior to the creation of these arbitrary trademarks, they were meaningless words. Prime examples include Exxon, Xerox and Kodak. Choosing an arbitrary trademark takes guts. The manufacturing executives gain absolutely no descriptive value from the mere mention of the trademark at the beginning of the product life cycle. 8

When I heard the word Exxon, I thought it was a kindergarten writing tablet upon which you place an “x”. Advertising and exposure to gas stations nationwide imbedded a new meaning for the trademark, Exxon. Following this example, people can choose an arbitrary trademark which is best illustrated by coining a new word. For those people with less guts than the executives at Standard Oil, there exists an entire world of trademarks which might provide a compromise between strong arbitrary trademarks and weak descriptive ones. Suggestive Trademarks This mediocre class of trademarks is classified as suggestive trademarks. A classic example is, “Tennis in the round.” What is the product? If a person envisioned a circular tennis work out arena having pie-shaped courts and a central multi-barreled ball machine to allow multiple single players to rebound off a central column, then he or she is right. The idea for a suggestive trademark is to tease a prospective buyer with tantalizing hints at what the product is without disclosing pertinent details.

The idea for a suggestive trademark is to tease your prospective buyer with tantalizing hints at what your product is without disclosing pertinent details. A gentleman with a mechanical hearing aid shaped much like a sea shell wanted to name it the shell hearing aid. The United States Patent and Trademark Office would not grant a monopoly to this gentleman for all time for the use of those descriptive words for his shell hearing aid. After tossing around a few ideas, the following trademark, “Ear Awake,” was created. This little name and the gentleman’s marketing and manufacturing talents have earned customer acceptance of a simple mechanical device. If a person has real guts, he should go for the alphabet soup trademark. If he is like most of people and wants to be creative and reach a compromise, go for the suggestive trademark. Rick Martin is a patent attorney, inventor, and author who received his Juris Doctorate in Law from Nova University in 1986 after15 years of marketing experience in the computer industry. He can be reached at rmartin@ patent colorado.com or by stopping by 385 Main St. in Longmont.

2009 Boulder County Attorneys


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9


Living Trusts

Benefits of a Revocable Living Trust

By Marc Carlson A revocable living trust is an agreement that creates a legal entity to hold title to most or all assets. It’s designed to receive life insurance and retirement proceeds at death, and then distribute them to chosen beneficiaries in a timely manner with the lowest tax expense and lowest administrative expense. A RLT also provides lifetime disability planning. Creating a RLT before disability or death helps to save most delays, expenses, legal fees and problems for loved ones. Who Is It For? A RLT should be used by a person who is at an age where disability or death might occur within the next 10 to 20 years, or retirement age is near. The size of the estate isn’t the primary issue; Carlson the issue is the likelihood of a lifetime disability and/or death. What Are The Benefits? • Control: Most, if not all, of the property a person or couple owns is titled in the name of the RLT. However, the creator of the trust keeps full control of everything in it. The RLT can be changed or even terminated, and property can be removed or added. The creator invests its assets, manages them and spends them. • Easy to Fund and Easy to Change: Attorneys work with individuals or couples to place present assets into the RLT and to give clear instructions for adding future assets. It’s easy to periodically change without redoing the entire document. • Avoids Probate at Death: A RLT saves most expenses and lawyer fees when death occurs because there are no court (probate) proceedings. • Avoids Delays: A RLT substantially reduces most delays in handling an estate. • Avoids Need for Conservator and Guardian: If a person becomes disabled or incapacitated there is normally no need for a conservator (finances) and guardian (control of a person) 10

to be appointed by and report to the court. Related expenses and lawyer fees are generally eliminated when people become disabled. • Lifetime Disability: If a person becomes disabled or incapacitated, a chosen successor trustee uses the RLT assets to provide care and pay bills under the terms of the RLT. • Death: The RLT creator chooses how and when the assets will pass to loved ones with maximum death tax savings and with a full step-up in tax basis to loved ones. After the creator’s death, the person who was designated as the successor trustee distributes the RLT’s assets according to the creator’s written instructions. • Privacy: A RLT provides complete privacy when a person becomes disabled or passes away. A person’s assets are not disclosed to the public, and the distribution of assets is confidential. • Avoids Gift Tax Issues: A RLT avoids the gift tax issues associated with the creation of joint tenancies or lifetime gifts of assets. • Avoids or Reduces Death Taxes to Uncle Sam: When properly structured and funded, a RLT is an easy way to reduce or avoid death taxes. • Works in All States: If a person owns assets, like real estate, in more than one state, the RLT can avoid probate in that state too if the assets are titled in the name of the trust. If a person moves to another state, the RLT still applies. • Income Tax Neutral: A RLT is income tax neutral and requires no additional taxes or tax returns. • Reasonable Cost: Each person has different circumstances and assets. The RLT is customized or tailored to specific situations, desires and goals. The cost of the planning will vary depending on the nature, extent and complexity of an estate plan. Many attorneys who specialize in estate planning offer a free consultation that includes an advance determination of the reasonable legal fees for the proposed plan before the interested person decides to authorize the legal services. Marc Carlson is an attorney (Of Counsel) with Hopp & Associates, P.C., at 1002 17th Ave. in Longmont. His practice is limited to estate planning, charitable planning, insurance law, and trust and estate administration. Contact him by calling 303-776-4045.

2009 Boulder County Attorneys


By Jennifer M. Spitz By planning ahead, an individual can make it easier for family members and loved ones to cope with the individual’s death or disability. The following are 10 tips on how to best prepare in advance for death and disability. 1. Have a Last Will and Testament A will directs distribution of probate assets, nominates a personal representative (executor) and contains other important provisions regarding administration of an individual’s estate. Probate assets are assets held by an Spitz individual which are not held in joint tenancy or with a beneficiary designation (other than one’s estate named as beneficiary), as further discussed below. Having a will prepared by an attorney can ensure the will is valid and properly carries out the person’s wishes. 2. Have a General (Financial) Power of Attorney A general power of attorney allows an agent to deal with property for the person signing the document (the principal), and can prevent the need for a conservator to be appointed by a court if the principal becomes incapacitated. Typically a power of attorney should be durable, meaning that it will remain effective even after the principal becomes incapacitated. However, a power of attorney is only effective during the life of the principal. 3. Have a Medical Power of Attorney A medical power of attorney gives an agent the authority to consent to or refuse medical treatment on behalf of the principal. Having a medical power of attorney in place can prevent the need for a guardian to be appointed by a court for the principal who becomes incapacitated. The medical power of attorney may be durable, and can even be combined with the general power of attorney into one document. 4. Have a Living Will A living will directs when life-sustaining procedures and artificial nourishment will be withdrawn if an individual is unconscious for a certain amount of time and has a terminal 2009 Boulder County Attorneys

condition. The living will can provide clarity and direction to loved ones who might otherwise not be able to agree on what steps should be taken. 5. Nominate a Guardian for Minor Children If a person is the parent of minor children, he or she can nominate a guardian for the minor children in a properly executed will or in another document that meets certain criteria. 6. Safekeeping of Estate Planning Documents It is important to keep estate planning documents in a safe place and let the nominated personal representative and agents know where the original documents are located. Copies of these documents are rarely sufficient, so it is important to keep track of the originals. A safe deposit box is an excellent place to keep a will and duplicate originals of other estate planning documents. For powers of attorney and living wills, it is also a good idea to keep at least one original of each document outside of the safe deposit box so that the agent has immediate access to the documents in times of emergency. The agent should also know where to find the safe deposit box key.

Estate Planning

10 Tips for Planning for Death and Disability

7. Maintain a List of Financial Information Every person should compile a list of assets and the names and contact information for financial advisors, and let the nominated personal representative and agent know where to find this information when necessary. 8. Limit Co-Ownership of Property Generally, it is best to avoid co-owning Continued on 12

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property with anyone other than one’s spouse because it can be complicated to deal with property that is owned by two or more individuals. In addition, any property held in joint tenancy with right of survivorship will pass to the surviving co-owner as a matter of law, even if that result is contrary to the deceased co-owner’s will. Many of the disputes over the administration of decedents’ estates stem from a person holding property in joint tenancy “for convenience” with one child. In such a situation, that child will receive that entire joint tenancy asset in addition to his or her inheritance under the will, with the result that the child usually receives a larger share of the estate than the other children. Due to tax laws and other considerations, it can be complicated to correct this result even if everyone agrees that the estate should be distributed equally. 9. Be Careful with Beneficiary Designations The designation of beneficiaries for a person’s assets should be carefully coordinated with his or her overall estate plan. If a beneficiary, such as a payable-on-death (POD) beneficiary, is named on an asset, that beneficiary will receive

the asset at death even if it is contrary to the directions in the will. Generally, a will does not control the distribution of property that has a named beneficiary, unless the decedent’s estate is named as the beneficiary. Also, for assets such as life insurance, retirement assets and annuities, there are income tax considerations and/or creditor protection reasons that may make it advisable to name an individual or a trust as the beneficiary of those assets. 10. Review Existing Estate Planning Documents It is a good idea to review estate plans about every three to five years, or earlier if there are significant changes in family, financial situation or the tax laws. As circumstances change, an estate plan that was ideal for one stage of life may no longer be suitable. Having an attorney make any changes to your estate planning documents can ensure that new documents are valid and effective. Proper planning is individualized, and consulting with an attorney can ensure that the necessary estate planning documents will properly carry out the person’s wishes. Jennifer M. Spitz is an attorney with Stover & Spitz LLC in Longmont, 303-682--0433, jspitz@stoverlawcolorado.com. She practices primarily in the areas of estate planning, probate and trust administration.

AG-122279

PURVIS • GRAY, LLP Bill Gray or John Purvis or both are included in these

Best Lawyers in America 2009 Categories:

Mass Tort Litigation Personal Injury Litigation Product Liability Litigation Professional Malpractice Law 2009 Marks the 20th Year John’s peers have selected him for inclusion in this prestigious publication.

Both Have Been Elected to: JOHN PURVIS

The American College of Trial Lawyers; the International Society of Barristers; The International Academy of Trial Lawyers; the American Board of Trial Advocates; Colorado Super Lawyers. Bill was President of the Barristers 2008 2008-2009.

www.purvisgray.net

BILL GRAY 12

BOULDER

DENVER

4410 Arapahoe Ave Suite 200 Boulder, CO 80303 (303)442-3366

2150 W 29th Ave Suite 500 Denver, CO 80211 (303)458-6337

STEAMBOAT SPRINGS

Sundance at Fishcreek PO Box 880340 Steamboat Spgs, CO 80488 (970)879-4114

2009 Boulder County Attorneys


By R. Lee Elsberg Probate is technically the court process of determining whether a decedent died with a valid will and appointing a personal representative (executor). However, the term is frequently used to encompass the entire estate administration process whereby assets are collected and valued, notice is given to creditors, debts are paid, tax returns are filed and assets are distributed to the decedent’s heirs or devisees. Probate is essential and beneficial in many respects. It provides a mechanism for the decedent’s affairs to be settled in an orderly manner and for the decedent’s wishes to be carried out. Despite the lore about probate, it should not necessarily be avoided. When is Probate Required? In Colorado, probate is required if: • The decedent owned real property other than in joint tenancy, or • The decedent owned probate assets totaling more than $50,000. Probate assets are assets owned by the decedent at death, and not held in joint tenancy or with a named beneficiary. Even if probate is not required, Colorado law requires a decedent’s will to be filed (lodged) with the court. Probate Avoidance The primary means of avoiding probate are: • Create a revocable (living) trust and transfer essentially all assets to the trust during life • Hold all assets in joint tenancy or with named beneficiaries. In some circumstances, these are useful techniques. For example, a married couple who intend for the surviving spouse to receive all of the assets of the first spouse to die, can generally use the second probate avoidance technique. Holding assets in joint tenancy and with beneficiary designations often does not coordinate with the person’s estate plan, especially for non-married individuals, second marriages and married couples with estate tax considerations. Sometimes people avoid probate at the price of having their assets distributed in a manner they did not intend and with negative tax consequences. Probate Myths Some of the myths include: • Myth 1 – Probate is expensive. In Colorado, the court fees for probate are minimal. The court fees are listed at the Self Help Center 2009 Boulder County Attorneys

at www.courts.state.co.us. Currently, the fee to apply for probate is $164, plus $20.75 to receive certified copies of “Letters” showing the appointment of the personal representative. While there may be attorney fees, accounting fees, appraisal fees and other such costs, most of these costs would be required with or without probate. • Myth 2 – Probate is time-consuming. In Colorado, a probate estate can be closed six months after it is opened with the court, but most estates are administered in seven to 12 months. The length of the process depends upon several factors including the types of assets involved, the type of estate plan in the will, the filing of tax returns, the personal dynamics of the family and whether there are any disputes concerning the will or other matters. • Myth 3 – Probate involves government meddling. Colorado has a simplified probate process that can be used in most cases. Court appearances are not normally required. Documents need to be filed with and issued by the court, but unless requested to do so the court does not generally interfere with the personal representative’s management of the estate. • Myth 4 – Creditors and taxes can be avoided if probate is avoided. Avoiding the probate process does not avoid the need to pay the decedent’s final bills or to file tax returns, including a final personal income tax return. Probate will also not affect whether an estate tax return is due. • Myth 5 – It is easier on the family to avoid probate. There are several legal and tax matters that must be dealt with when a person dies. Avoiding probate does not avoid the need to take care of such matters. Sometimes probate avoidance techniques actually make matters more difficult and expensive for the family, such as equalizing distributions when the decedent has held assets in joint tenancy with just one of his or her children. Probate can appear daunting, especially since most people have little experience with the estate administration process in general, with or without probate. An attorney can help the personal representative in all aspects of the estate administration process.

Probate

What is Probate?

R. Lee Elsberg is an attorney at Flanders, Elsberg & Dunn, LLC, 401 Main St., Suite 1, Longmont. Contact him by calling 303-776-5380 or e-mailing info@flanderslaw.com.

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Elder Law

The Foundations of Elder Law

By Daniel P. Kapsak Elder law is best understood as a holistic approach to addressing the needs of older persons rather than as any one discipline or area. In fact, the foundations of elder law are distinct, complementary and to some degree redundant. Beginning with estate planning, this foundation establishes a base-line plan for all persons with capacity. The components of estate planning include both dispositive planning and disability planning. Complementing these components are end of life decisions/ directives, and the creation of a life testament, sometimes called an ethical will. Medical considerations Kapsak cannot be ignored, and it is important to coordinate with health care providers. With age comes loss of physical and/or mental capacity and abilities. Frank and honest discussions with health care providers insure that both the individual and health care providers understand physical and mental conditions. Furthermore, people are due intelligible and honest diagnoses and prognoses, and should be assured compassionate support regarding our personal and informed end of life decisions. Medical directives, such as Do Not Resuscitate (DNR), Allow a Natural Death (AND) or No Code (NC) orders require the collaboration of physician(s). These directives become standing physicians’ orders to be placed in medical charts and all health care providers are obligated to follow these orders. Medical considerations should always include end of life planning. Hospice is the source for support, assistance and education when people face the end of life. The transition from health care’s curative role to palliative care is difficult without the support from and assistance by this group. People may need to remind health care providers (and well-intentioned loved ones) that appropriate care does include the recognition that heroic or extraordinary 14

efforts are not always what should be done, that palliative care is acceptable and desired. If people cannot make appropriate decisions on their own any more, they have hopefully created comprehensive disability planning documents called Durable General and Health Care Powers of Attorney. People are threatened by any potential loss of independence or control, so by utilizing these documents, people can insure they are being cared for in the manner they wish. If people have not taken these steps, the court system may step in to protect and oversee care through conservatorships and/ or guardianships.

The foundation of elder law is time: taking the time to visit; taking the time to explore needs and fears, hopes and realizations; taking the time to just be with another person without pressure or demand – honoring a person’s life and experiences with dignity. Family considerations are perhaps the most difficult since in many circumstances there will be tension within the family and other loved ones. All involved must give their best efforts to insure the people receiving care have a voice that is heard and dignity that is protected. Family and other loved ones need to act in the best interest of the ones they care for. Nontraditional relationships must be addressed since legal structures and systems may or may not recognize bonds forged throughout years of love and companionship. Most importantly, Continued on 15

2009 Boulder County Attorneys


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loved ones need to remember to acknowledge and show dignity for people receiving care, even though they may not be as active as they once were. The interplay between an individual and available governmental assistance has never been more important. Resources are widespread to insure that appropriate care through available public benefits, such as Social Security, SSDI, SSI, Medicaid and VA benefits are known and accessed as necessary. As people age, the need for social connections cannot be underestimated. Community resources are available through county senior centers, resource centers, the County Aging Services program and the like. Above all, the foundation of Elder Law is time: taking the time to visit; taking the time to explore needs and fears, hopes and realizations; taking the time to just be with another person without pressure or demand – honoring a person’s life and experiences with dignity. Daniel P. Kapsak, JD, M.Div. is an attorney at law at The Kapsak Law Firm, LLC, 1610 Hover St., Suite 203 in Longmont. Contact him by calling 303-651-9330.

NEED A LAWYER?

SANDERSON LAW, P.C.

QUIETLY ACHIEVING VICTORIES THROUGH PREVENTION,

MITIGATION, AND CREATIVE SOLUTIONS SINCE

1991.

303-444-8846

WWW.SANDERSONLAW.NET AG-122339

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ATTORNEYS AT LAW

PETER C. DIETZE JOEL C. DAVIS ROBYN W. KUBE KATHLEEN E. HADDOCK KARL. F. KUMLI III CARMEN S. DANIELSON STAR L. WARING

DAVID J. THROWER JOEL C. MAGUIRE CHRISTOPHER E. PETERSEN FERN O’BRIEN JILL A. ZENDER DANA S. BICKHAM ED R. PERKINS

Experienced, Effective, Insightful. Serving Colorado for over 30 Years. 2009 Boulder County Attorneys

� APPEALS � BUSINESS FORMATION � CIVIL LITIGATION � CONSTRUCTION LAW � EMPLOYMENT LAW � ESTATE PLANNING & ADMINISTRATION � LAND USE & ZONING

� LOCAL GOVERNMENT LAW � PUBLIC UTILITY LAW � BUSINESS PURCHASE/SALE � REAL ESTATE � TITLE INSURANCE � WATER LAW

Siena Square Building 2060 Broadway, Suite 400 Boulder, Colorado 80302 Phone 303.447.1375 www.dietzedavis.com

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Business Law

Eight Things to Consider Before Signing a Contract

By Mark Cohen A contract governs the rights and duties of the parties to it. Contracts may be oral, but lawyers like written contracts to help eliminate misunderstandings. This article summarizes eight issues people should consider before signing any contract. 1. Determine the Parties to the Contract There are two parties to most contracts. Make sure the contract accurately identifies them. A common error is to use the name of an entity’s representative rather than the name of the entity. If a business is a corporation, make sure the contract identifies the corporation as the party, not an individual personally. If people sign a contract in an individual capacity, rather than as the corporation’s Cohen representative, they will be bound by the contract and will lose the limited liability that was probably one of the reasons for forming the corporation in the first place. 2. Make Sure the Contract Clearly States the Rights and Duties of the Parties The contract should specify what each party will do and when they will do it. A good contract clearly states what goods or services will be provided and when and how the other party will make payment. Make sure the contract clearly defines all relevant terms, leaving no room for misunderstanding. 3. Determine What Remedies the Contract Contains for Breach of the Contract People generally enter into a contract believing the other party will uphold its end of the bargain, but sometimes this does not happen. The contract should specify what remedies will be available if there is a breach. Generally, if one party breaches the contract, the other party is entitled to seek damages and/ or a court order directing the other party to perform (specific performance). In some instances, the parties know that damages may be difficult to determine; in such 16

cases, they sometimes include a “liquidated damages” clause – a clause that specifies in advance the amount of money damages one party will be entitled to if the other party breaches the contract. 4. Specify How Disputes Will Be Resolved Disputes may be resolved by mediation, arbitration or litigation. Mediation is a nonbinding process where the parties try to resolve their dispute with a mediator’s help. Typically, each party pays half of the mediator’s fees. Arbitration is a binding process where the parties tell their stories and the arbitrator makes a ruling. Arbitration can sometimes facilitate a quick decision, but the right to issue subpoenas or take depositions is limited. Litigation is a fancy word for a lawsuit. If a contract anticipates that disputes will be resolved in court, the contract should specify which court will resolve any disputes. To avoid being dragged into court in another state or a faraway county, the contract should specify that the exclusive venue for any litigation will be in the county where the person resides. 5. Consider Attorney’s Fees In Colorado, the general rule is that each party to a lawsuit pays its own attorney’s fees, however, the parties can alter this rule. Frequently, the parties include a clause that provides that in any litigation the losing party shall pay the prevailing party’s attorney’s fees. 6. Include a Merger / Integration Clause The purpose of a written contract is to make sure there are no misunderstandings, but what happens when one party claims the other made oral promises not included in the contract. To prevent such claims make sure the contract states that it represents the entire agreement of the parties, that all prior Continued on 17

2009 Boulder County Attorneys


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discussions are merged into the contract, and neither party has made promises or representations that are not set forth in the contract. The contract should also state that it may only be modified in a document signed by both parties. 7. Consider Consequential Damages A party who has been the victim of a breach of contract has the right to seek damages. For instance, one party may seek to make the breaching party pay the costs incurred to complete the work the breaching party failed to complete. However, the law also recognizes something called consequential damages, which includes damages such as lost profits. A contract may specify that neither party may seek consequential damages from the other. Such clauses are common in construction contracts. 8. Address When and How the Contract Will Terminate A good contract should make clear when the contract will terminate. The parties may want the contract to remain in effect until terminated by one party. Or they may want it to

A contract governs the rights and duties of the parties to it. Contracts may be oral, but lawyers like written contracts to help eliminate misunderstandings. terminate on a specific date or upon completion of a specified task or the happening of a certain event. Have an Attorney Review the Contract An ounce of prevention really is worth a pound of cure. Years ago there was a TV commercial for an automotive repair service that featured a mechanic saying, “You can pay me now or pay me later.” His point was that it is cheaper to pay for preventative maintenance than to pay for expensive repairs that would not have been needed if the preventative maintenance had been done in the first place. It is the same in the legal profession. Mark Cohen practices law at The Cohen Law Group, P.C., at 1942 Broadway in Boulder. He specializes in agri-law, business, real estate and IP litigation. You may contact him at 303-546-7937 or mark@cohenslaw.com.

THE COHEN LAW GROUP Mark Cohen and Jeffrey D. Cohen, J.D., LL.M., C.P.A., Of Counsel • Agricultural Law • Boundary Disputes • Business Law and Litigation • Contracts • Easement Litigation • Equine Law • Estate Planning • Farm and Ranch Law • Leases • Real Estate Law and Litigation • Regulatory Matters • Farm and Ranch Income Tax Returns • Oil & Gas Income Tax Returns • Family Farm Estate Planning • Agricultural Business Planning • Income Tax Planning

Sunset by Gina Grundemann • www.ginagrundemann.com

303-546-7937

1942 Broadway, Suite 314, Boulder, Colorado 80302 Start Early. Work Hard. Finish.™ www.cohenslaw.com 2009 Boulder County Attorneys

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Estate Planning

Selection of a Fiduciary in Estate Planning

By David Sonnesyn With the population aging, blended and extended families are more common, markets and people are in fluctuation, and a wise selection of fiduciaries is critically necessary in your estate planning. What is a Fiduciary? A fiduciary is a person or entity, like a bank, that acts in a position of trust and for the benefit of another person. Fiduciaries include personal representatives, trustees and agents acting under a power of attorney. Duties of fiduciaries are defined by statute Sonnesyn and case law. Generally, a fiduciary is required to manage and protect the property, pay taxes and claims, and invest and manage the assets in such a manner as a prudent investor and manager would by exercising reasonable care, skill and caution. A fiduciary is to be loyal to the person he, she or it represents, to avoid self dealing, to delegate when reasonably necessary and to account for the assets under its care. The fiduciary must be impartial and personally solvent. It must also carefully seek appropriate counsel including attorneys, investment advisors and accountants. The fiduciary may need to wind down or otherwise preserve ongoing businesses. In other words, a fiduciary must carefully treat your property as if it were its own. These tasks seem daunting to most people. Therefore, the selection of a fiduciary in estate planning is of utmost importance. What Fiduciaries are Needed? The fiduciaries that most people will need at some point in their lives are personal representatives, trustees, agents and guardians. A personal representative manages a deceased personâ&#x20AC;&#x2122;s estate. A trustee is fiduciary for a trust fund which can either be established during a personâ&#x20AC;&#x2122;s lifetime or by their will on their death. One is able to name their fiduciaries in a will or trust. In the absence of a will or revocable living trust the District (probate) Court will appoint the fiduciary. Thus, one reason for having 18

a will is to assure that oneâ&#x20AC;&#x2122;s wishes are carried out by someone who is trusted and qualified. What Might be Needed for Minor Children? Consideration should be given for a guardian who will have physical custody of minor children. Parents should also provide for a trustee for minor children under their wills. The trustee could pay funds monthly to the guardian for the expenses incurred on behalf of the children. When Would a Person Need an Agent? Most people need durable general powers of attorney designating an agent to act for them should they be unavailable or incapacitated. This is especially important in the case of health caregivers who need to exercise appropriate and timely decisions for older parents. Sometimes it is helpful to share duties so that one child is not burdened with both the physical and financial management of the parent. Medical directives or living wills can be helpful to guide end of life decisions. Who Should be the Fiduciary? Normally, spouses will name each other and, if they do not survive, one of their adult children. Parents are often reluctant to select children except in order of birth. However, it is better to appoint a child who will carefully deal with legal matters, accounting and taxes, and who has the ability to kindly communicate with the other beneficiaries. If he or she is too busy to serve, another person, bank or trust company should be alternatively selected. It is usually not advisable to name two or more children together as this creates unnecessary paperwork. It is advisable to name a bank or trust company in case none of the children are qualified or wish to act. Reluctance to use banks has arisen out of the many mergers, acquisitions, name changes and financial difficulties on Wall Street; nonetheless it is possible to find good trust companies that have officers willing and able to serve. Should a person tell adult children who they have selected to act? It is a good idea if it can be done without creating any animosity. If acrimony is anticipated between the children, it is advisable to name a bank or trust company. This avoids questions of favoritism. Thus, appropriate estate planning, with careful selection of fiduciaries, smooths the transition for our family and friends. Dave Sonnesyn has been practicing law for 44 years in Longmont and has his office at 655 Fourth Ave., Suite B. Contact him at 303-776-5077 or e-mail sonnesyn@qwestoffice.net.

2009 Boulder County Attorneys


By Lisa E. Battan Immigration lawyers help businesses, families and individuals obtain immigration documents which allow foreign nationals to live and work in the United States legally. Many of the benefits of living in the United States are only available to those who have a proper visa, permanent residence (also known as a green card) or U.S. citizenship. These benefits include obtaining a social security number, applying for a driverâ&#x20AC;&#x2122;s license, opening a bank account, securing a good job, receiving public benefits and traveling in and out of the United States. Foreign nationals can be lawfully present in the United States in non-immigrant or immigrant status. Non-Immigrant Status Non-immigrant status allows a foreign national to remain in the United States for a defined period of time and for certain defined purposes. Non-immigrants with permission

to work in the United States are either sponsored by a U.S. employer based on a specific job offer and must work only for that employer, or have work permission for specific objectives. Laws limit some work-authorized categories by annual levels and some visas have a minimum wage requirement. There are many categories of non immigrant status; among the most common are visitors, students, seasonal workers, professional workers, multinational managers and transferees, professional Battan athletes, entertainers and entrepreneurs. Each type of work visa has specific requirements which must be met by both the employer and the employee. Work visas are not available for all types of work â&#x20AC;&#x201C; only those that fit particular criteria. Because it can take many months to arrange a work visa, employers and employees should start the legal immigration process well in advance of when the worker is needed in the United States. Immigrant Status Immigrant status allows a foreign national to reside permanently in the United States, as long as that person does not violate his/her status. Permanent resident status is commonly referred to as a green card, but it is not truly permanent. Permanent residence status can be revoked or abandoned. Most foreign nationals gain permanent residence status through a family relationship. This means that the foreign national is sponsored by his or her U.S. citizen or permanent residence fiance, spouse, adult child (older than 21 years of age), parent or sibling. Some foreign nationals wait many years to immigrate to the United States based upon a family relationship. Some foreign national gain their permanent residence through an employment relationship. And a small percentage of foreign nationals gain their permanent residence through asylum and refugee programs. U.S. Citizenship A foreign national must hold permanent residence for a certain number of years and meet a number of criteria, before the person can apply for U.S. citizenship. Once a person

Immigration

U.S. Immigration Law

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is a U.S. citizen, that person is entitled to a U.S. passport and all of the benefits of U.S. citizenship. Employer Verification U.S. employers must comply with a number of immigration related requirements when hiring any worker. These requirements apply whether the employer has any foreign workers or not. Under federal law, employers are required to review documents presented by employees demonstrating identity and work authorization within three business days of hire. Employers are required to attest on Form I-9 that they have reviewed the documents and that they appear genuine and authentic. Human Resource professionals encounter a number of challenges complying with the employment verification requirements. A skilled immigration lawyer can help companies navigate this complicated process. Beginning Jan. 1, 2007, Colorado law imposes a separate employment verification requirements for new hires in Colorado. The state may impose penalties on those who recklessly disregard these requirements. AG-122338

U.S. immigration laws are restrictive and complicated. Not everyone who wants to live and work in the United States is allowed to do so. The process usually involves a substantial amount of paperwork and significant processing time. Some companies are required to use an electronic system called E-Verify to verify an employee’s immigration status. Other employers may voluntarily choose to use this electronic verification system. U.S. immigration laws are restrictive and complicated. Not everyone who wants to live and work in the United States is allowed to do so. The process usually involves a substantial amount of paperwork and significant processing time. A qualified immigration lawyer can help businesses, families and individuals navigate our complex immigration system. Lisa E. Battan is the Managing Attorney of Lisa E. Battan, P.C. Contact her by calling 303-444-8668 and or visiting www.battanlaw.com.

FLANDERS, ELSBERG & DUNN LLC Attorneys At Law

TEL (303) 776-5380 Fax (303) 776-8102

401 Main Street, Suite 1 Longmont, Colorado 80501

info@flanderslaw.com Toll Free 866-385-3506

ESTABLISHED 1871

Flanders, Elsberg & Dunn LLC is one of the oldest law firms west of the Mississippi and probably the oldest Colorado firm in continuous existence. Throughout the firm’s history, the philosophy has been to provide the highest quality legal services as professionally and efficiently as possible. The firm analyzes each case on a comprehensive basis, taking into account the client’s personal situation in relation to the various laws and regulations (including, specifically, the tax aspects as this is the firm’s main area of expertise) that may apply to his or her unique situation. We provide legal services in the following areas: Estate and Trust Planning and Administration, Tax Law (Estate and Gift Taxation, Fiduciary and Personal Income Taxation, Real Estate Law (Land Title and Transfers, Development, Zoning, Oil and Gas, Water), Business Law (Corporate, Partnership and Business Planning, Entity Formation), Banking Law and General Civil Litigation. Our attorneys are John C. Flanders (a fourth generation attorney with the firm), R. Lee Elsberg, Scott W. Dunn and Elizabeth A. Montague. 20

2009 Boulder County Attorneys


By Ronald D. Jung Contracts for the sale of real estate must be in writing in Colorado. While there is no written form required for a real estate transaction in Colorado, most parties will utilize the standard forms promulgated by the Colorado Real Estate Commission. A licensed real estate broker is only authorized to complete the standard forms by Statute, C.R.S. § 12-61803(4). The standard forms are available on the State of Jung Colorado’s Web site at www. dora.state.co.us/real-estate/ contracts/contracts.htm. One of the contingencies contained in the standard form real estate contract is for survey review. The parties may determine whether the seller or buyer shall order and pay for a survey and determine what kind of survey is to be performed. The contract may be made conditional on an acceptable survey. There are provisions for the deadline for completion of the survey and the survey objection deadline. The type of survey to be ordered and reviewed depends greatly upon the nature of the real estate being acquired. Surveys are useful in determining field locations of deed lines or entire property boundaries. Surveys locate physical monuments so improvements can be built in relation to property boundaries within setback requirements. A survey can determine whether there are encroachments on the subject property or whether improvements on the subject property may encroach on neighboring properties. Surveys can locate easements for roads or utilities. Surveys can also reflect off record issues, such as the failure of a legal description to close. They can be utilized to determine acreage and current code compliance for improvements, such as setback requirements and flood plain location. Many governmental entities require a survey, or at least an improvement location certificate, prior to issuing a permit to erect a fence. Depending upon the type of survey, the costs 2009 Boulder County Attorneys

can vary from several hundred dollars to several thousand dollars. Typically, a lender requires at least an improvement location certificate to ensure the improvements being collateralized are actually located on the legally described property. Title companies may also require survey review as a condition of the title commitment, especially for vacant land. Types of Surveys The following are types of surveys, which are referred in the industry: 1. Improvement Location Certificate (actually not a survey); 2. Construction Survey; 3. Boundary Survey; 4. Land Survey Plat; 5. Improvement Survey Plat; 6. ALTA Land Survey; and 7. Subdivision Plat. Land survey plats, improvement survey plats and improvement location certificates are statutorily defined. Together with boundary surveys, these will be the typical surveys in a consumer transaction and are discussed below. Subdivision plats are statutorily defined and typically have added requirements from local authorities.

Real Estate

Survey Review Contingency in Buying Real Estate

Improvement Location Certificate Improvement location certificate (“ILC”) means a representation of the boundaries of a parcel of land and the improvements thereon prepared pursuant to C.R.S. § 38-51-108. An ILC is relatively inexpensive compared to other surveys. Typically, ILCs are utilized by financial Continued on 22

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institutions to verify that improvements are located on the property that is legally described. By its own terms, ILCs are not to be used as land survey plats. Boundary Survey In most instances, a boundary survey must meet the requirements of a statutory land survey plat. Some surveyors are willing to perform variations of boundary surveys at a lesser cost to show only one boundary line as opposed to the entire boundary. Most surveyors will prefer to stake all corners of the property so an accurate plat can be drawn and since the location of the corners will probably be required even if only one boundary line is requested. Land Survey Plat The requirements for a Land Survey Plat are established by C.R.S. § 38-51-106. The Land Survey Plat requires the establishment of all boundaries, monuments, corners and provides dimensions of the property, discloses recorded and apparent rights-of-way and easements and establishes necessary measurements and bearings to properly locate and describe the property. It requires a written property descrip-

tion and the signature and seal of the professional land surveyor. Any conflicting boundary evidence must be noted. Improvement Survey Plat The Improvement Survey Plat is a land survey plat, which also includes the location of all structures, easements, encroachments and other improvements on the property. Its terms are set forth in C.R.S. § 38-51-102(9). ALTA Land Survey The American Land Title Association defines this survey at www.acsm.net/ALTA2005.pdf. The ALTA survey is the most comprehensive, and typically is required to show nearly every aspect of the property, which can be investigated or shown on a survey. Due Diligence Buyer’s counsel should review the survey with a light to the intended property use. If there are any unsatisfactory conditions or conditions that require further investigation, then notice to the seller should be provided triggering an obligation to attempt to cure the unsatisfactory survey condition under the contract. Ronald D. Jung is with Jung & Associates, P.C., 6630 Gunpark Drive, Suite 212, Boulder, CO 80301. Contact him by calling 303-581-7961 or visiting www.legalrealty.com.

Shea Linn Burchill, P.C. Family Law Attorney torney I offer my clients experienced ced representation and strong aadvocacy dvocacy in family law matters, including: uding: • Divorce • Child custody • Child support • Paternity • Modifications

• Adoption on • Guardianships ansh an s ip sh i s • Domestic tic violence ce ma m matters tter tt erss er

231 Coffman Street Longmont, CO 80501 Telephone: 720-494-0861 | Fax: 720-494-0501 sheaburchill@msn.com | http://www.burchillfamilylaw.com

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By Shea L. Burchill Parental Responsibilities Colorado no longer uses the term “custody” when allotting time and decision making authority between parents. Instead, the term “parental responsibilities” is used to describe decision making and parenting time. Decision making involves making decisions about how the child will be raised. This may include matters involving the child’s health, religion, schooling and extra-curricular Burchill activities. Decision making authority is awarded to both parents as joint decision making, or to just one parent as sole decision making. Parenting time can be thought of as the place where the child physically spends his or her time. If the parents cannot agree, the court will independently determine how many overnights the child will spend with each, often with the assistance of a court-appointed child expert.

The amount of overnights each parent has with the child will affect child support. The court decides all parental responsibility issues based on what is in the child’s best interest. In deciding between joint or sole decision making, a court will inquire: • Whether there is credible evidence of the parents’ ability to cooperate with each other; • Whether the past pattern of involvement suggests an ability as mutual decision makers to provide a positive and nourishing environment for the child; • Whether joint decision making will promote more frequent contact between the child and each parent; and • Whether one of the parents has been the perpetrator of child or spousal abuse. The court may treat each area separately when allocating decision making. For example, the court might award sole decision making to the mother on education issues, award joint decision making to both parents on the child’s involvement in extracurricular activities, and sole decision making to the father on medical issues. Factors used by the court to determine what amount of parenting time is in the best interest of a child include: • The wishes of each parent; • The wishes of the child if he or she is mature enough to express a preference; • The relationships and interaction of the child with his parents, siblings and other important people in the child’s life; • The child’s adjustment to his or her home, school and community; • The mental and physical health of the individuals involved; • The ability of each parent to encourage the sharing of affection between the child and the other parent; • Past patterns of involvement between all parties involved; • The ability of each parent to place the needs of the child ahead of his or her own needs; • The physical proximity of the parents; and • Whether one of the parents has been a perpetrator of child or spousal abuse. Colorado courts will not presume either parent is better equipped to serve the best

Child Custody

Child Custody and Support in Colorado

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interests of the child based simply on that parent’s sex. Child Support In Colorado, child support is calculated based on published guidelines. This formula takes into account the gross income of both parents and the number of overnights the child spends with each parent. Unemployed or underemployed parents may have monthly gross income imputed to them by the court based on their potential income earning ability. Income from self-employment is determined by gross receipts minus ordinary and necessary business expenses. Income from additional jobs that result in employment over and above 40 hours per week and discretionary overtime are typically excluded from consideration.

The focus on the best interest of the child and the use of the guidelines for child support help foster parents’ abilities to successfully co-parent children after separation.

We are a Debt Relief Agency as that term is defined in the United States Bankruptcy Code. We have 25 years of experience in guiding those in financial distress through the process of bankruptcy. We pride ourselves in offering practical, realistic “cradle to grave” services for businesses and their owners.

Kennedy & Kennedy, P.C. 308 E. Simpson Street Lafayette, CO 80026

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Also part of the child support calculation is the amount of overnights each parent has with the child. When a parent has more than 92 overnights, the guidelines presume that he or she is contributing more directly to the child’s support while the child is in his or her own home, which means that the child support obligation owed to the other parent decreases. Courts hesitate to deviate from the child support guidelines except in extraordinary circumstances that do not typically apply to most parents. Child support may be modified upon the motion of either parent when the parent can show that a substantial and continuing circumstance has occurred resulting in a change in the amount of child support greater than 10 percent. A relationship break-up is a traumatic and emotional time for everyone involved. However, the focus on the best interest of the child and the use of the guidelines for child support help foster parents’ abilities to successfully co-parent children after separation. Shea L. Burchill is an attorney practicing at 231 Coffman St. in Longmont. Reach her by calling 720-494-0861, e-mailing sheaburchill@msn.com or visiting www.burchillfamilylaw.com.

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2009 Boulder County Attorneys


By Brad Hall If you have ever been hurt on the job, you probably know just how frustrating it can be to navigate through the workers’ compensation system. Doctor’s appointments, lost wages, unpaid bills and the uncertainty of how you are going to deal with the financial woes brought on by the injury can make the experience overwhelming. If you have been unfortunate enough to have a work-related injury that results in permanent physical restrictions that limit your ability to work, or even to work at all, the financial consequences for you and your family can be devastating. Further aggravating the situation is that your employer’s workers’ compensation carrier knows the law and how to use it to its Hall advantage, while most injured workers have no clue what rights they have. Having a basic understanding of the system can start to level the playing field. The rights and duties of an employer and its insurer, as well as those of the employee, are set out in the Colorado Statutes. The statutory system was designed to provide fast and efficient health care and disability benefits to workers injured on the job. The system provides these benefits without regard to fault. Even if the employer is not at fault for a workrelated injury, the benefits provided under the system are available to the employee. The only requirement is that the injury happened while the employee was acting within the course and scope of employment. In return for the benefits provided, the employee gives up the right to sue the employer for negligence if the employer has workers’ compensation insurance. If the employer does not have insurance, the employee may elect to proceed with a negligence suit or pursue the matter as a workers’ compensation claim and seek penalties for the employer being uninsured. When an employee is hurt on the job it should be reported in writing to the employer within four working days. Failure to do so may result in a penalty being assessed against the 2009 Boulder County Attorneys

employee’s wage benefits. The employee should be sure to keep a copy of the report if possible. The employer should then report the injury to its insurance carrier. If the injury requires medical care, the employer is obligated to provide a choice of two medical providers. If no choice is provided, the employee may choose any physician. If the injury requires emergency care, a trip to any emergency facility is allowed. However, once a treating doctor is chosen that doctor controls the care for the remainder of the case. The primary treating physician then determines when an employee needs to be off work, what care is needed, when the employee is released, and what restrictions are eventually assigned. If the employee is taken off work due to the injury, the insurance carrier must pay two-thirds of the average weekly wage until returned to work, subject to a maximum amount that is set every year. If the employee is returned to part-time or reduced pay work, the carrier is obligated to pay two-thirds of the difference between the average weekly wage and the weekly wage actually earned. Wage benefits must continue until the doctor releases the employee to full-time work or until the employee is released from care. Once an employee is released from care and placed at maximum medical improvement, the treating physician will assign a medical impairment rating based on guidelines established by the American Medical Association. It is imperative that the physician has correctly figured the rating because any disability benefit is calculated using that rating. Also, strict deadlines apply at that time, which if not followed can result in the employee being unable to pursue any further claim. It is important that the employee understand these rules or the economic consequences can be disastrous. In the rare circumstance that the employee is killed by the accident, the survivors also have significant rights to benefits. The statutes provide who is allowed to seek those benefits and for what time period they will be paid. It is during these times it is essential to have trusted counsel to guide you through the system and ensure that your rights are protected.

Employment Law

Workers’ Compensation in Colorado

Brad Hall has 18 years of experience in helping injured employees protect their rights as an attorney at Bernard Lyons Gaddis & Kahn P.C. in Longmont. Call him at 303-776-9900.

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Business Law

Obtaining a Liquor License

By Adele Reester Have a liquor license or thinking about getting one for your business? Knowing the ins and outs can make all the difference. Liquor licensing of restaurants, taverns, stores and other establishments is governed by a variety of state laws and regulations, legal decisions and local rules established by individual Local Licensing Authority. Each municipality or county establishes its own LLA, which may be its judge, a hearing officer, the city council, the county commissioners or even an appointed citizen board like the one used by the City of Boulder. In Longmont, the city utilizes its municipal judge, while outside city limits Boulder County’s Board of County Commissioners has appointed a hearing officer. Starting the liquor license Reester process, the applicant will need to complete the state application forms and also comply with any locally established rules. While there are uniform requirements that apply across the board to all applicants throughout the state, having knowledge of the local rules is essential for a smooth application route from start to finish. Longmont is a prime example where local rules create additional burdens on an applicant; some of the city’s local rules include: completion of a city application and other financial release forms; submission of three letters of reference that address the applicant’s (and perhaps registered manager’s) moral character and financial abilities; and deadlines for submitting neighborhood survey results and other evidence prior to the public hearing. Applicants need to assure that applications are complete or they will be rejected. Following the submission of a completed application, the LLA will establish neighborhood boundaries to be used for the public hearing on the application. These neighborhood boundaries become important when the applicant presents evidence concerning the neighborhood’s needs and desires, which is usually the most important evidence submitted. LLA’s set these neighborhood boundaries using a variety 26

of methods; some use a set radius around the applicant’s business location, while others seek applicant input into defining the neighborhood. Whatever method is used, it should encompass both residential and commercial properties, as well as take into consideration the terrain, including natural and artificial boundaries around the future establishment. In Longmont, the city publishes notice of the hearing date in the newspaper and on the applicant’s future business site so any “party-ininterest” can attend the hearing to support or oppose the granting of the liquor license. At the hearing, the applicant has the burden of proving what is called the prima facie case. Through the introduction of evidence the elements in the prima facie case must be established before the LLA and if these elements are not met then the application must be denied. Once established, the burden shifts to any opposition to establish why the license should not be granted. If the opposition fails, then the application for the license is granted. The four elements an applicant must prove include: • That the reasonable requirements of the neighborhood are not being met (this is the “needs” element); • That the adult inhabitants of the neighborhood desire that the license be granted (this is the “desires” element); • That the number, type and availability of other liquor outlets located in or near the neighborhood does not preclude issuance; and, • That the applicant is of good moral character and is qualified to conduct this type of business. Usually the needs and desires elements are proven by the introduction of survey results from petitions that have been circulated throughout the designated neighborhood or by live testimony of adult inhabitants or business Continued on 27

2009 Boulder County Attorneys


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owners in the designated neighborhood. Additional testimony and evidence is then needed to establish that the number of other licensed establishments will not preclude the issuance of the license, as well as to show the good character and financial abilities of the applicant. After the LLA has approved a liquor license application, it forwards its approval information to the State of Colorado’s Department of Revenue, Liquor and Tobacco Enforcement Division for consideration. If the applicant has paid an additional $100 fee for concurrent review, the time for the state to process the application should theoretically be shorter. In general, a concurrently reviewed application will allow an applicant to receive the license approximately one week after the public hearing. Otherwise, the state’s process can sometimes take up to three weeks after the public hearing. Once the state license has been issued, then the city may issue its license, as well. Overall from start to finish, an applicant should allow for at least 90 days to complete this process. Adele Reester is an attorney at law at Bernard Lyons Gaddis & Kahn, P.C. in Longmont. Contact her by calling 303-776-9900.

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27


Business Law

Freeze your Credit Files

By Boulder County District Attorney Consumer Division Consumers in Colorado may elect to place a security freeze on their credit file/consumer report. The security freeze is designed to prevent a credit-reporting agency from releasing your credit information without your consent, except when exempted by law. An unknown third party will not be able to obtain credit, loans and services approved in your name without your knowledge, thus helping to prevent identity theft. This option may be beneficial to people who do not anticipate applying for credit in the near future, or at all. If a consumer wishes their consumer report to be accessed by a specific entity, they can contact the credit reporting agency, request that the freeze be temporarily lifted (usually requires a fee) and provide identifying information as required by the credit reporting agency, including a personal identification number or password issued to the consumer. All consumers should be aware that using a security freeze to control access to personal and financial information in a credit report may delay, interfere with or prohibit acquiring the timely approval of any request or application made that involves access to a credit report. This may include new loans, credit, mortgages, insurance, rental housing, government services, utilities, employment or other services including instant credit at a point of sale. How can I request a security freeze? To request a freeze on your credit report, you must write to each of the three credit reporting agencies. You must provide identifying information. If you are an identity theft victim, provide a copy of your police report. A credit-reporting agency must place a security freeze on your consumer report no later than five business days after receiving the written request. According to Colorado law, the credit-reporting agency may not charge a fee for the first request. Write to the following addresses: Equifax Security Freeze P.O. Box 105788, Atlanta, GA 30348 28

Send by certified mail Include full name, with middle initial and Jr./Sr., etc. • Social Security number and date of birth • Include current address and proof of current address such as a current utility bill • www.equifax.com • •

Experian Security Freeze P.O. Box 9554, Allen, TX 75013 • Send by certified mail • Include full name, with middle initial and Jr./Sr., etc. • Social Security number and date of birth • Include current address and previous home addresses for the past two years • One copy of a government issued identification card (driver’s license, state ID, military ID card, etc.) • One copy of a recent utility bill, bank or insurance statement that displays your name and current address and date of issue • www.experian.com TransUnion Security Freeze P.O. Box 6790, Fullerton, CA 92834-6790 • Send by regular or certified mail • Include full name, with middle initial and Jr./Sr., etc.

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Social Security number and date of birth Current home address and addresses for past five years • www.transunion.com Do I have to freeze my file with all three credit-reporting agencies? Yes. Different credit issuers may use different credit reporting agencies. If you want to stop your credit file from being viewed, you need to freeze it with Equifax, Experian and TransUnion. How long does it take for a security freeze to take effect? Credit reporting agencies must place the freeze no later than five business days after receiving your written request. Are there fees associated with placing and/or lifting a security freeze? As a resident of Colorado, there is no fee for placing the initial security freeze. There is a fee if you want to lift the freeze temporarily while you apply for a new credit account. If you lift the security freeze for one specific business entity, the charge cannot exceed $12. If the lift is for a certain period of time (three to 30 days), it will cost you no more than $10 for each request. If my files are frozen, can I apply for a new credit account? Yes. If you want to open a new credit account or obtain a new loan, you can temporarily lift the freeze in order to apply for credit or for any other transaction that requires that a third party have access to your personal credit history. You can lift it for a certain period of time to allow a third party (with your permission) to receive your credit report. Or you can lift it for a specific creditor for three to 30 days. After you send your letter requesting the freeze, each of the credit bureaus will send you a confirmation notice and a Personal Identification Number (PIN). You will also get instructions on how to lift the freeze. You can lift the freeze by phone, using your PIN. The credit reporting agencies must lift your freeze within three business days after receiving your request. How long does a security freeze last? A security freeze will remain in place until you request in writing that it be removed. Can a creditor see my files if they are frozen? No. The only thing a creditor would see is a message or a code indicating that the files have • •

2009 Boulder County Attorneys

been frozen. Your report can still be released to your existing creditors or to other entities exempt by state statute. What are the security freeze exemptions? According to state laws, there are situations and organizations that are exempt from the security freeze. Your credit report may be released to companies that have a current financial relationship with you, state or local law enforcement, the courts, child support agencies, governmental agencies investigating fraud, the Department of Revenue, insurance agencies processing a claim, private collection agency acting on a court order, the consumer’s pension plan entity, and most entities with whom the consumer may have a financial obligation or debt. Can I order my own credit report while my file is frozen? Yes. The federal Fair and Accurate Credit Transactions Act of 2003 (FACT Act) will allow you to get one free credit report annually. As a resident of Colorado, you are entitled to receive one free credit report annually from each credit-reporting agency. We recommend obtaining one credit report from each agency every four months. Can an employer do a background check on me if I have a freeze on my credit file? No. You would have to lift the freeze to allow a background check. If I freeze my file will that stop those pre-approved credit offers? Most of the credit offers are made with information obtained through the creditreporting agencies, so freezing your credit files should stop most of them. You can also call 888-5OPTOUT (888-567-8688) or online at www.optoutprescreen.com. It’s good for five years or you can make it permanent. Will my request for a credit freeze also freeze my spouse’s file? No. You and your spouse have separate credit files. The credit-reporting companies maintain credit files on individuals only. They do not maintain joint files for spouses. Both spouses have to freeze their separate credit files, via separate letters requesting the freeze, in order to get the benefit. What is the Colorado Statute regarding the security freeze? The law on security freeze is Colorado Revised Statute 12-14.3-106 which became effective July 1, 2006. 29


Employment Law

Is Your Non-Compete Agreement Enforceable?

By Carmen S. Danielson In Colorado, non-compete agreements are not enforceable unless they fall within narrowly defined circumstances. A naked covenant not to compete – which refers to a prohibition that is primarily aimed at restricting competition rather than protecting legitimate business interests – is not enforceable in this state. The reason for this is that Colorado’s public policy favors free trade and a person’s right to receive compensation for performance of skilled or unskilled labor for any employer. Under Colorado law, both the geographic scope and duration of the non-compete agreement must be reasonDanielson able. The courts closely scrutinize these two requirements. Covenants not to compete that are one year or even longer have been approved by the Colorado courts. Typically, a one or two year duration is considered reasonable. A longer duration may also be reasonable depending on the facts. The geographic scope must be limited to the area in which the employer legitimately competes, or plans to compete, for business. In addition to the issues involving scope and duration, the non-compete agreement must also satisfy the requirements of a Colorado statute which governs non-competes. The statute provides that non-compete agreements are void unless one of the following exceptions applies: (a) Any contract for the purchase and sale of a business or the assets of a business; (b) Any contract for the protection of trade secrets; (c) Any contractual provision providing for recovery of the expense of educating and training an employee who has served an employer for a period of less than two years; (d) Executive and management personnel and officers and employees who constitute professional staff to executive and management personnel. These exceptions have been the subject of numerous lawsuits. For example, the trade 30

secret exception has generated many disputes over what constitutes a trade secret and whether the non-compete agreement is reasonably limited to protecting those trade secrets. A trade secret provision in an employment agreement does not validate an unrelated restrictive covenant whose sole purpose is to prohibit all competition. The validity of the non-compete agreement is determined at the time the agreement is signed. For example, if the employer is relying on the “executive and management personnel exception,” then the employee must have held an executive or management position at the time they entered into the agreement. Moreover, Colorado courts will narrowly construe the phrase “professional staff to executive and management personnel.” The phrase “professional staff to executive and management personnel” is limited to those persons who, while qualifying as professionals and reporting to managers or executives, primarily serve as key members of the manager’s or executive’s staff in the implementation of management or executive functions.

The validity of the non-compete agreement is determined at the time the agreement is signed. For example, even if an employee qualifies as a “professional,” they may not fall within the exception of “professional staff to executive and management personnel” if their duties are not primarily related to management or executive functions. In one case, a Colorado court found that an employee – whose time was mostly spent in a sales support role – did not qualify as “professional staff to executive and management personnel” and that, therefore, his non-compete agreement was unenforceable. The question of whether a non-compete is enforceable can be complicated and difficult to answer. It is highly recommended that employers and employees consult with their attorney for guidance and advice, preferably before signing these types of agreements. Carmen S. Danielson is an attorney with the Boulder County law firm of Dietze and Davis, P.C. Her practice focuses on employment law. Contact her by calling 303-447-1375 or visiting www.dietzedavis.com.

2009 Boulder County Attorneys


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31


Living Wills

A Look At End Of Life Medical Decisions

By Justin Dituri People have the right to refuse medical treatment. Doctors and other medical care providers cannot treat people without their consent. This is known as informed consent. It comes from the common law tradition that no one can touch another person without their consent. People get to decide whether or not they want medical treatment, as well as what type. For people who are given only weeks, days or hours to live, with no hope of treatment available for prolonging life, at what Dituri point do they decide to stop treatment? Furthermore, what if people can’t say what they want? Perhaps they’re unconscious or even brain dead. What happens then? Who gets to make the decision about whether or not to continue medical treatment – the doctors or the person’s family? Many people are troubled by the thought that a doctor may not follow their family’s wishes. Now that medical techniques allow doctors to keep people alive to an extent that was unknown years ago, people are aware of these questions and issues. And, in response to these developments and some high-profile cases such as Karen Anne Quinlan, Nancy Cruzan and Terry Schiavo, the courts and legislatures of the states have attempted to set guidelines to answer these questions. Generally, each state has passed a law that allows people to make known ahead of time their wishes about discontinuing medical treatment. A person can do this with a living will (also called advanced medical directive), which is a statement of desire regarding the termination of medical treatment if the person is ever in a position where they cannot communicate. Many people feel strongly that they want to minimize the financial and emotional burden of watching doctors expend heroic efforts when death is inevitable. Here are some considerations for that situation. 32

What a Living Will Is Not There is some confusion around the term “pull the plug,” and many people believe that a living will is a statement of “if my condition gets like so, then go ahead and kill me.” This is not a living will. What a living will does is clarify the conditions when a person would want to say, “stop the medical treatment and let me go.” Get It In Writing No matter what state a person lives in, if discontinuing heroic medical treatment in a terminal illness is important to them, then they should find out what constitutes a living will in that state, prepare one in writing and sign it. In the Quinlan, Cruzan and Schiavo cases there was nothing in writing. Each state has its own unique laws regarding living wills. Colorado law requires that the signing of the living will be witnessed by two witnesses. As well as a living will, people should sign a health care power of attorney. In a health care power of attorney a person names someone to make health care decisions for them, called an agent. A health care power of attorney covers more situations than just discontinuing medical treatment. People should read the health care power of attorney to be sure it allows their agent to discontinue medical treatment. People could also write a letter to their health care agent giving them specific directions as to how they want to be treated in different situations. Consider Your Desires For Nutrition and Hydration Neither Cruzan or Schiavo needed medical treatment to stay alive. Both of them lived for many years in what was declared to be a “persistent vegetative state” or “brain death.” They stayed alive through artificially provided nutrition and hydration. Part of the debate in this area is over whether withdrawing nutrition and hydration from someone who is “brain dead” amounts to killing them. If a person feels strongly about either side of this debate, it is a good idea to make clear their desire to have nutrition and hydration continued or discontinued if they should end up brain dead. Colorado addresses issues such as this by first allowing for the termination of medical treatment when someone “is in a terminal condition and either unconscious or otherwise Continued on 33

2009 Boulder County Attorneys


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incompetent to decide whether any medical procedure or intervention should be accepted or rejected.” It also allows someone to state that if “the only procedure being provided is artificial nourishment,” then either discontinue artificial nourishment, continue artificial nourishment for a declared number of days or continue artificial nourishment indefinitely. It would also be wise to have a statement in people’s health care power of attorney giving their health care agent the power to either continue, or discontinue, hydration and nourishment if they are brain dead. Make It Accessible If a person prepares and signs a living will or health care power of attorney, and no one can find it when the time comes, it will do no good. It is a good idea to give copies to a health care provider. There are also services that will keep copies of a living will and health care power of attorney on file, and provide them to medical providers when they are needed. Justin Dituri is a Colorado attorney who has focused his law practice to estate planning issues since 1995. Contact him by calling 303-774-1976 or visiting www.estateplansthatwork. com.

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Choosing a Lawyer

How to Choose and Use a Lawyer

By Colorado Bar Association The legal system can be intimidating, but it doesn’t have to be. The system of laws is there to protect every American citizen. It was revolutionary when it began, and now people tend to take it for granted. But it’s still about freedom, protecting the individual and turning to a better way of settling disputes. Should I think about talking to or hiring a lawyer? If you answer “yes” to any of the following statements, you should consider talking to or hiring a lawyer. • I tried to resolve this matter by speaking directly with “the other side” and it didn’t work. • I’m being threatened with legal action by a person or company, or I’m involved in a situation where I might get sued. • I need someone to champion my cause or speak for me. • I have been served with papers (summons, complaint, warrant, subpoena, etc.). • The “other side” has a lawyer. • The outcome is worth the cost of hiring a lawyer. • This is an important matter, such as signing a contract, starting a business, writing a will, buying or selling a home. How do I find the right lawyer? It is important to find the right lawyer and it is in your best interest to shop around. Here are some ways to find a lawyer: • Ask friends, relatives and co-workers who have used a lawyer or know a lawyer for their recommendations. If that lawyer can’t handle your kind of case, they may be able to provide a recommendation for someone who can. • Use a Lawyer Referral Service listed in the telephone book or call Metropolitan Lawyer Referral Service at 303-831- 8000 for Denver and Boulder. • Search the Colorado Bar Association Web site at www.cobar.org. Select “find a lawyer,” then select “practice areas and cities,” and the directory will provide names and phone numbers of lawyers who practice in the city you live in and handle cases like yours. • Go to the local library and consult a legal 34

directory. • If you might qualify for legal assistance based on your income, call the Colorado Legal Services Office nearest you. If you can’t find the number, call the Colorado Bar Association at 303-860-1115 or 800-332-6736. Factors to consider when first contacting an attorney: • Experience • Does he or she normally handle cases like yours • Does the lawyer seem familiar with the area of law involved in your case • How many cases like this has the lawyer handled and how successful has he or she been? • How long has the lawyer been in practice? • Has the lawyer had complaints about past performance? • Is the lawyer involved in the community? Client’s Rights: Communication and More • Your lawyer should respond to you promptly and clearly. • Your lawyer should keep you informed about progress. • Your lawyer should discuss your expectations for the case. • Your lawyer should return your calls in a reasonable amount of time. • Your lawyer should discuss with you how long he/she expects the case to last. • Your lawyer should discuss alternatives with you. • Your lawyer should discuss possible outcomes of the case. What should I expect when I hire a lawyer? • Enthusiastic and competent representation of your case. • Copies of all important documents. • A written fee agreement and detailed Continued on 35

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billing statements. • The whole truth, even if it hurts. • To be kept fully informed. • To be treated with respect. • A negotiated settlement if both sides reach a fair agreement. • Agreement with your goals and an understanding of your objective. • No conflict of interest with the opposing side. • Timely return of phone calls. Your Responsibilities as a Client • Provide the lawyer with any information you have about the case and be completely honest about all facts in your case, whether the information is favorable to you or not. • Follow agreed-upon advice. • Ask questions when you don’t understand; to speak up when you disagree. • Be on time for appointments or notify your lawyer if you need to cancel or reschedule an appointment. • Notify your attorney about changes in your case; take responsibility for keeping your attorney informed. • Pay your attorney a reasonable fee promptly for the work performed. What are my alternatives to hiring an attorney and going to court? Prevention of legal problems is the best alternative and can save you time, money and needless worry – and often, a lawyer can help you with this. If you do have problems that appear to need legal solutions, there are alternatives to hiring an attorney and going to court. Here are some of your options: Representing yourself and using self-help materials: It’s legal for you to represent yourself in court and handle your own legal matters, but judges and court personnel aren’t allowed to give you any legal advice. If you represent yourself, you must be aware of all court procedures, filing requirements and deadlines – you will be held to the same standards as an attorney. If you do not follow the rules that apply to your case, the court may not allow you to get what you want, you could be fined, or you could be ordered to pay the costs or attorney fees of the other side. No court employee is allowed to give you legal advice. You can ask the court clerk about forms, fees and court rules. Libraries have copies of state and local laws, including court 2009 Boulder County Attorneys

procedures. You can buy self-help packets (for instance, on divorce) at many bookstores. You can go to Small Claims Court for a civil matter that’s under $7,500. A small claims action starts with filing of a short statement of the facts and payment of a filing fee and the cost of service on your opponent. Once the action is filed, the clerk will set a date and location for a trial. There is no right to a jury in Small Claims Court, and you will not be able to gather information from the other side prior to a small claims trial. Attorneys are not allowed unless the attorney is a party, is a full-time officer or an employee of a company that is a party. You are limited to filing two claims per month and 18 claims per calendar year. Small Claims Court does not hear cases involving libel or slander, eviction, class actions, traffic disputes and certain other types of cases. Visit the Judicial Branch Web site for information. If you represent yourself in any of the Colorado courts, keep these points in mind: • All information filed with the court must be complete and legible. • The court staff cannot fill out forms for you. • Direct contact with the judge or magistrate is not allowed. • Your case number must be on anything you file with the court. • You must give the other side copies of anything you file with the court and note at the end of anything filed how and when you provided those copies. • You will need to cooperate with the other side to set hearings, trial dates and other events. • Be prepared and organized when presenting your case. • Dress appropriately and be polite in court. Wait until it is your turn to speak, and stand when speaking if you are able to do so. Address the judge as “your honor.” Stand when the judge or magistrate comes into or leaves the room. Before you decide to represent yourself, consider whether you can get your story across to the judge or jury without help. Ask yourself if the cost of hiring a lawyer is worth the added effectiveness the lawyer might bring to arguing your case. Consider the value of your time which might be saved if you hire a lawyer. For more information on varying legal topics, visit the Colorado Bar Association Web site at www.cobar.org. Click on For the Public at the right, then on Educational Materials.

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Elder Law

Financial Assistance for Hard Times

By Joel R. Hayes, Jr. Boulder County Legal Services Most people know about programs such as Social Security Disability, Retirement and Early Retirement, because their payments for these programs come out of their monthly paychecks. Supplemental Security Income and Colorado’s Old Age Pension are benefits people may not know about, but should in these hard times. Supplemental Security Income Supplemental Security Income (SSI) is a welfare benefit administered by the Social Security Administration. It provides a cash benefit to low-income people who are aged, blind or disabled persons. Aged is defined as Hayes 65 and older. Disabled means the sustained inability to hold down full-time work. In Colorado the disability test is applied strictly and often requires an administrative appeal process that can last months or even years. Benefits can be paid back to the application date if the appeal is successful. Many attorneys are willing to take those cases for 25 percent of the back award when and if benefits are awarded. In 2009, SSI pays up to $674 per month for an individual or $1,011 for an eligible couple. Income from a legally responsible relative, such as a parent or spouse, may be deemed available to the SSI recipient. Most sources of unearned income, including deemed income, as well as other Social Security benefits, reduce the above amounts dollar for dollar, after the $20 general disregard. Income includes anything received in cash or in kind that can be used to meet needs for food or shelter, unless specifically exempted by federal or state law. The first $65 and half of any remaining gross earned income is also disregarded. The remaining amount reduces the above payment dollar for dollar from the above maximum grant amount. Earned income includes gross wages, net earnings from self-employment, and other payments received for a person’s labor. This provides a small incentive to work part time for 36

people who continue to be disabled. To qualify for SSI, a recipient must also have countable resources of less than $2,000 for one person, $3,000 for a couple. SSI generally does not count a home, burial plans and life insurance worth up to $1,500, burial plots and a car that a household member uses. For example, a disabled man with less than $2,000 in countable resources who receives only Social Security Disability of $500 per month may receive SSI of about $194. He could earn $65 per month in gross income before his check would be reduced. After that he would lose $1 for each $2 in gross earned income. Receipt of even $1 of SSI in Colorado entitles the recipient to Medicaid. So even if you have countable income that is close to $674 it may still be in your best interest to apply for SSI. You can apply at your local Social Security office or by telephone at 800-772-1213.

Supplemental Security Income (SSI) is a welfare benefit administered by the Social Security Administration. It provides a cash benefit to low-income people who are aged, blind or disabled persons. Old Age Pension The Old Age Pension (OAP) is a Colorado program which pays low-income Colorado residents age 60 and older (disabled or not) up to $699 per month. OAP is computed on an individual basis, although a spouse’s income is considered income to the applicant (after deducting the $699 OAP standard and medical expenses from the spouse’s income). In this regard, OAP is slightly more generous to married couples than SSI, which discounts the payment to a couple by 25 percent. OAP’s slightly higher payment often means that it supplements SSI payments by paying an additional $25 per month to SSI recipients who are 60 or older. In most other regards OAP mirrors SSI, except that only one spouse can use the $20 income disregard. The resource limits are the same as SSI, as are earned income exclusions. Thus, the above single elderly person could receive $25 in OAP, along with $174 in SSI, so long as he did not gross over $65 per month in earned income. Continued on 37

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A person who is 60 and not disabled may qualify for an OAP payment of up to the full $699. People 60 and older who are appealing an SSI denial may qualify on the issue of disability for OAP while their appeal is pending. As with SSI, OAP recipients who are disabled or elderly (65 and older) qualify for Medicaid. Other OAP recipients may receive medical coverage from the OAP Health Care Program. The OAP medical program is similar to Medicaid, but offers fewer services and pays providers considerably less. You can apply for OAP at your local Boulder County Housing and Human Services office. Like other welfare programs, recipients must be legal residents of the United States, must maximize other possible sources of income before applying, and must honestly report all income and resources. Joel R. Hayes, Jr. is the Managing Attorney for Boulder County Legal Services, the local office for Colorado Legal Services Inc. Boulder County Legal Services helps low-income and elderly people with many kinds of civil legal matters, all at no charge. (Because SSI disability cases allow for payment to an attorney of up to 25 percent of the back award, those cases are referred to the private bar.) Apply for assistance at BCLS by calling 303-449-7575.

Law Office of

Shirley Thomas, PhD. Licensed Child & Family Psychologist 630 Kimbark St. Longmont ★ Serving Families of Divorce and Separation for Over 30 Years ★ Parenting Plan Consultation ★ Therapy, Mediation, Evaluation ★ Author of 3 Coparenting Books Available on Amazon.com ★ Frequently Appointed by Local Courts ★ Provider of Court Certified Parent Education Classes

303-772-4450 www.ParentsAreForever.com AG-125824 AG-125804

Herber&Nash, P.C. Herber & Nash, P.C. is a law firm offering big firm services in a small firm setting. We have clients ranging from private individuals to large national corporations. We are committed to providing quality legal services, in a timely manner, at a reasonable cost. Clinton K. Nash / Theodore J. Finn / Mark A. Herber Elizabeth A. Raba / Crystal M. Merlau

Real Estate - Residential, Commercial, HOA, Condemnation, Zoning, Environmental Litigation, Aquifer & Water Well Contamination

Personal Injury - Wrongful Death, Auto, Motorcycle & Truck Accidents, Premises Liability, Insurance Disputes, Bad Faith

Corporate - Formation, Contracts, Commercial Litigation, Shareholder Suits, Arbitration

Family Law - Divorce, Separation, Child Support

Criminal Law - Felony, Misdemeanor, DUI, DWAI

Construction - Defects, Mechanic’s Liens, Payment/ Contract Disputes, Collection

Creditors/ Debtors Rights - Collection, Contract Disputes, Consumer Protection

385 Main Street • www.Herber-Nash.com • (303) 774-0509 2009 Boulder County Attorneys

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Bankruptcy

The Changes of Bankruptcy

By Paul Stuber Many changes have taken place in the area of bankruptcy in the past few years and more are being proposed. It is sometimes reported that it is not possible to file a bankruptcy with credit card debt. That is not true. Anyone can file a chapter 7 bankruptcy as long as they can pass a means test (your income is less than the mean income in your area, ask your attorney for the latest numbers) or you have qualified expenses to bring down your disposable Stuber income. The package of paperwork has increased (now averages more than 45 pages) and credit counseling is required. Before you file for bankruptcy each person must complete a special credit counseling session. There are many companies that will work with you. It can be done in person, over the Internet and by phone. After you file, you will have to go through a financial management session. They are offered by the same companies. Each of these classes average less than three hours. Once you file a bankruptcy a trustee and judge will be assigned to your case. There will be a section 341 meeting of creditors scheduled for you to appear and meet with the trustee with a date set about a month after the

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date you filed the petition. You will most likely never go before a judge. The trustee is one of a panel of local attorneys set for that half day docket. Your case will be set in a half-hour time slot with four or more other cases. You will be sworn in under oath and asked if all the information in the petition is correct. You will need to show that you are who you say that you are with a driverâ&#x20AC;&#x2122;s license and social security card. You will be asked to send, ahead of time, a copy of your latest tax return to the trustee and you will be asked to provide to the trustee a copy of your pay stub just before and after the date of filing, bank statement showing the balance of all your bank accounts for the date of filing and you will be asked to fill out an information sheet including information about any support obligation you may have. The trustee will be looking to see if you have any assets that are not exempted by law. If there are enough assets the trustee will ask you to turn over the assets or the value of the assets. Most cases are no asset cases and the person filing will keep everything they have. Secured debts, like a mortgage or loan on a car, will need to be paid in order to keep the property secured. Otherwise most debts will be discharged two months after the meeting with the trustee and you will not have to pay anything on them again. Paul Stuber is an attorney in private practice in Boulder for more than 25 years. A large part of his practice is representing people in filing for and following through on personal bankruptcy. Contact him by calling 303-442-6448.

2009 Boulder County Attorneys


By Brandon S. Culter Blended families, that is, a family where one or both spouses have children from a previous marriage, now outnumber traditional nuclear families. Given the rate of divorce in the United States, the number of blended families will continue to grow at a high rate. These families face many challenges in their day-to-day lives in making this new family entity work, not the least of which are the estate planning issues Culter surrounding ex-spouses, protecting the children born of the previous marriage, and providing for the new spouse. There are a couple of main estate planning issues that arise with an ex-spouse. First is whether the ex-spouse is still on any retirement benefits as the beneficiary and therefore still in line to inherit, a detail which is actually more overlooked than one might think. Although state law treats an ex-spouse as having predeceased the benefit owner, thereby precluding the ex-spouse from inheriting, federal law, more particularly ERISA, does no such thing and in fact trumps state law. Thus, an ex-spouse under ERISA can still inherit. The other issue revolving around the exspouse is control of the assets left to minor children. Without proper planning, the exspouse will more than likely be appointed by the court as the individual who will manage and control the assets left to the minor children of the prior marriage. Additionally, if a child then dies with no spouse or children, under state law, the exspouse will inherit everything originally left to the child. Providing for children of a previous marriage and a new spouse is another sticky issue if not dealt with properly. State laws give a new spouse certain rights in an estate; certain titling of property can effectively disinherit children from a previous marriage of a large part of the blended family wealth. For example, if everything passes to the new 2009 Boulder County Attorneys

spouse under joint tenancy, the new spouse now owns all joint property and can dispose of it how he or she sees fit, including passing it on to the stepchildren. Effective planning can provide the appropriate balance in the division of assets between a new spouse and children of a prior marriage. Proper planning now can also protect children from future issues related to their potential blended families. By designing a plan that allows assets to pass to oneâ&#x20AC;&#x2122;s children, and then to their childrenâ&#x20AC;&#x2122;s children and so on, you can keep future spouses and ex-spouses of the children from taking those assets out of the family bloodline. Such planning can also protect children from themselves, particularly as young adults.

Family Law

Understanding a Blended Family Arrangement

Given the rate of divorce in the United States, the number of blended families will continue to grow at a high rate. Overall, effective estate planning for blended families can be done fairly simply. First, all previous planning, including powers of attorney, should be reviewed and updated by an attorney who focuses on estate planning. Then, all beneficiary and ownership designations should be reviewed to coordinate with the updated planning. Every couple of years the planning should then be reviewed to make sure goals and intent are still being met. Brandon S. Culter is an attorney at law at Donelson Ciancio & Goodwin, P.C., 8001 Arista Place, Suite 400 in Broomfield. Contact him by calling 303-450-1665.

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Mediation

Help, I’m in a Neighborhood Dispute

By Robin N. Amadei My next door neighbor has several junk cars out front. The unsightly mess is ruining my property value. That teenager across the street is driving me crazy with his stereo running full blast and his loud friends slamming car doors at all hours of the night. My neighbor borrowed my lawn mower and broke it. Now he is avoiding me and I am out a $500 lawn mower. Amadei My neighbor is so picky. Every little noise that we make gets her in a tizzy. My neighbors’ shed encroaches on my property. I’m sure of it. That dog barks day and night. Even in the summer I have to close the window just to get some peace and quiet. Do these situations sound at all familiar to you? If so, you are not alone. We all would like to have considerate and perfect neighbors. Unfortunately, one neighbor’s lifestyle is another neighbor’s nightmare. So, how can we handle these and other types of neighborhood annoyances? Try Problem Solving on Your Own The first and best option is to discuss the issue directly with the neighbor, using effective communication and problem-solving techniques. Two main communication tools that will revolutionize the effectiveness of your communication, not only with your neighbors, but with your colleagues, spouses, friends and others in your life, include active listening and the use of ‘I’ messages. The purpose of active listening is to demonstrate to the speaker that he or she has been heard, to encourage further communication, to enable venting to take place and to help the other person clarify his or her thoughts. It is difficult to listen, especially when you may disagree with what is being said. Truly listening is critical, however, if you want to get your problem solved. Specific active listening techniques include: 40

Maintain good eye contact Pay full attention to speaker • Match speaker’s body language • Do not interrupt the speaker • Provide verbal and body responses such as saying “mhmm,” nodding head • Encourage further sharing • Paraphrase or summarize what you have heard Effective speaking using ‘I’ messages. The purpose of speaking effectively is to enable the other person to really hear what you have to say, to prevent the listener from going on the defensive, to enhance the likelihood that the problem will be resolved and to focus on the problem instead of the person involved in the situation. You need to be in a calm, centered state when entering into the communication. Venting your rage will only exacerbate an already difficult situation. The process to use is: • Describe the behavior/situation factually • Describe why the behavior is unacceptable to you • Describe what you would like to see differently in the future I would advise practicing these skills in less volatile situations first, so you are ready to engage in a difficult neighborhood situation with aplomb. Then, use these skills to enter into problem solving, using the following model. • •

When involved in a neighborhood or community dispute, the first step is to try to work the conflict out on your own using the communication skills of active listening and effective speaking. If it is not possible to resolve the issues yourselves, try mediation. Steps to resolving a conflict: 1. Think of a constructive way to deal with the situation before you speak 2. Both people should agree to ground rules a. No interrupting b. No name calling or put-downs c. Speak for yourself, not the other person 3. One person tells his/her view of the Continued on 41

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situation, using effective speaking techniques 4. Second person actively listens and restates what the problem is for the first person (Steps three and four are repeated with the second person telling his/her view and the first person restating) 5. Both people suggest and list possible solutions 6. Both people agree on a resolution that most meets their needs by choosing from the list generated in step five. 7. How did it go? What might work better next time? Mediation In the event that, despite your best efforts, the problem can not be solved on your own, try mediation. In mediation a neutral third party (the mediator) facilitates the negotiation between the people in conflict. The mediator uses various techniques to enable the parties to truly understand each othersâ&#x20AC;&#x2122; needs so that effective problem solving can take place. The mediator keeps the discussion focussed on the issues pertinent to the dispute, ensures that effective communication is used and assists the

parties in moving the negotiations forward to resolution. The dispute and eventual resolution remains in the partiesâ&#x20AC;&#x2122; hands because the mediator does not make any decisions, although he or she may have some options for the parties to consider. Mediation is an informal, timely, relatively inexpensive, flexible and psychologically satisfying process to be considered when in a dispute with your neighbor. Many communities have mediation services that use volunteer mediators to provide free mediation for many types of community disputes. Otherwise, you can contact a private mediator to discuss your situation and determine whether mediation is appropriate for your conflict. Conclusion When involved in a neighborhood or community dispute, the first step is to try to work the conflict out on your own using the communication skills of active listening and effective speaking. If it is not possible to resolve the issues yourselves, try mediation. Robin Amadei, J.D., Director of Common Ground Mediation Center, 303-604-1960, is a mediator, facilitator, trainer and coach in the family, real estate, education, business and employment areas.

For over 100 years, the law firm of Schey, Piller, Alspaugh, & Wong, P.C. [formerly, Schey & Schey, P.C.] has served the greater Longmont Community and Northern Colorado. The firm continues to carry on the tradition of providing a wide range of high quality legal representation for the Longmont Community and beyond. Areas in which the firms specializes include Elder Law, Medicaid/Medicare counseling and planning, fundamental and complex estate planning and administration; wills; trusts; charitable foundations; corporate organization, consulting, and commercial transactions; real estate development and transactions; water law; commercial, real estate and construction litigation in all courts including appeals courts. The firm also emphasizes representation of clients injured in accidents. More than six million dollars has been recovered for injured clients the firm has represented. For more information and attorneyâ&#x20AC;&#x2122;s profiles, visit www.spawlaw.com. 2009 Boulder County Attorneys

Attorneys Neil E. Piller Donald H. Alspaugh Phillip S. Wong James H. Nelson

Telephone 303-776-3511 FAX 303-772-2297 636 Coffman Street, Suite 200 Longmont, CO 80502

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Employee Law

Employers Beware of Wrongful Discharge Against Public Policy

By Carmen S. Danielson Public-policy wrongful-discharge claims constitute one of the least understood exceptions to the doctrine of at-will employment. The claim arises when an employer’s termination of an employee contravenes an important public policy under Colorado law. In fact, most states in this country recognize some form of the publicpolicy exception to employment at-will. Employers are particularly vulnerable to public-policy claims because they have significant jury appeal and they permit recovery of compensatory and punitive Danielson damages. In Colorado, there is a rebuttable presumption that an employee hired for an indefinite period of time is an at-will employee who may be terminated for no cause at any time. Since 1959, many states – including Colorado – have carved out an exception to the at-will employment doctrine known as the public-policy exception. In 1992, in the case of Martin Marietta Corp. v. Lorenz, the Colorado Supreme Court first held that such a cause of action is cognizable in the State of Colorado. In Martin Marietta Corp. v. Lorenz, the court held that the plaintiff Lorenz stated a claim where he alleged that he was fired for refusing

to participate in his employer’s fraud in the performance of a contract with NASA. The plaintiff relied on a federal fraud statute, 18 U.S.C. § 1001, which read: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.” The Colorado Supreme Court noted that: (1) that plaintiff Lorenz had a duty as principal investigator of several NASA projects to report quality control deficiencies; (2) that he refused his superior’s order to misrepresent to the government such deficiencies, as well as unrealistic cost assessments resulting in false contract prices; (3) that carrying out his superior’s orders would have violated the specific provisions of 18 U.S.C. § 1001; and (4) that the reason for Lorenz’s termination was his refusal to obey his employer’s direction. In the court’s words, “an employee, whether at-will or otherwise, should not be put to the choice of either obeying an employer’s order to violate the law or losing his or her job.” The court also pointed out that the publicpolicy exception would apply in the context of an employee’s performance of an important public function, such as serving jury duty, or when the employee exercises a statutory right or privilege granted to workers, such as the right of an employee to file a workers’ compensation claim. Thus the law was developed to prohibit the discharge of an employee (1) for refusing to carry out an employer’s order to commit an illegal act, (2) for the performance of a public duty, or (3) for exercising a workrelated right or privilege. Since 1992, the public-policy exception has undergone further developments. For instance, Colorado courts have confirmed that employers may be liable for discharging employees who report violations of Colorado law because they have a public duty to do so, such as where an employee reports a suspected violation of law, or who file a claim for worker’s compensation in connection with a job-related injury. Continued on 43

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AG-122337

Make

There are limits to employer liability under the public-policy exception. Since Lorenz, court rulings have established that privately promulgated standards and ethical codes (such as those promulgated by the American Nurses Association) are not sufficient to sustain a public-policy wrongful discharge action. Moreover, an employee who participates in the illegal activities and does nothing to oppose them until after the termination will not maintain a claim. Several issues related to the exception remain unclear, such as whether adverse employment actions other than a termination give rise to employer liability, or whether the employee’s own misconduct extinguishes any protection they may have otherwise had. What is clear is that the public-policy exception to the at-will employment doctrine will continue to be a significant source of liability for employers in years to come. Carmen S. Danielson is an attorney with the Boulder County law firm of Dietze and Davis, P.C. Her practice focuses on employment law. Contact her by calling 303-447-1375 or visiting www.dietzedavis.com.

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2595 Canyon Boulevard, Suite 200 Boulder, CO 80302-5620 303-447-0450 2009 Boulder County Attorneys

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Auto Accidents

Prepare for an Auto Collision

By Brad Hall Every day across the country people get ready. They get ready for work, school, dinner, vacation, church, exams and a myriad of other things. But one thing no one gets ready for is an auto accident. The main reason people don’t get ready is because they never see it coming. No one anticipates a careless driver will run the stop sign down at the corner, try to beat the light, fail to see you stopped in front of them and all the other careless things that people do because of inattention. But it happens all the time. Ambulances race across town daily to busy intersections where broken glass and leaky fluids show where two cars collided. Unfortunately it is all too often that the people on the receiving end of the collision find that they weren’t ready Hall for the aftermath of the collision. Who is going to pay the medical bills? Who will replace the lost wages? Who will compensate them for the back that needs surgery? Colorado law requires that every driver maintain liability insurance on their vehicle with monetary limits of liability of no less than $25,000 payable to one person and $50,000 total. Unfortunately, not everyone complies with that requirement. And, a large percentage of drivers who do comply do so at that minimum limit. Twenty-five thousand dollars may sound like a lot until an ambulance has to transport you to the hospital where you spend a couple of days in the ICU at $10,000 or so per day. Even if you have health insurance to cover that amount, your carrier is going to want its money back when you eventually resolve your claim against the careless driver. And, the remainder of that minimum limits policy doesn’t go far when the doctor restricts you to lifting no more than 20 pounds, but your job requires you to lift 50 on a regular basis. What can you do to protect yourself from a financial disaster brought on at the hands of the careless driver? Colorado law requires auto 44

insurance carriers to offer underinsured motorist coverage in an amount equal to the liability limits purchased by the driver. Underinsured motorist coverage allows you to turn to your own carrier when the careless driver doesn’t have enough liability insurance to pay your damages. Underinsured motorist coverage is added to the liability coverage of the careless driver to arrive at the total amount of coverage available to cover your damages. Colorado law also requires auto insurance carriers to offer you at least $5,000 of medical payment coverage. While the coverage may be rejected by the policy holder, it is a good idea to get this coverage, especially if you don’t have health insurance. Medical payment coverage will provide payment of your medical bills as they are incurred. The liability carrier for the careless driver will not pay your bills as they are incurred, nor will your underinsured motorist coverage. Liability coverage and underinsured motorist coverage will not pay for medical bills until you settle your claim or a verdict is entered by a court. Not surprisingly, doctors don’t want to wait that long to get paid, so an injured driver is often left in the unfortunate position of not being able to get medical care for Continued on 45

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their injuries. So the next time you get your premium notice from you carrier, ask yourself a few questions. What would I lose if I was out of work for a year? What if I was only capable of earning half of what I am earning now due to my injury? What does that amount to over my work life? Who would pay the medical bills if I was laid up for a month? Who pays for the permanently damaged arm of leg? If the answers to these questions requires much more than the minimum limit of $25,000, you need to have a talk with your insurance agent. And remember that one policy doesn’t fit all. Don’t just blindly accept what your agent offers. Ask about the cost of higher limits of underinsured and liability coverage. You might also want to ask what an umbrella policy would cost. If you ask yourself these questions, and answer them honestly, you will be prepared for the unexpected. Brad Hall has been helping the victims of careless drivers for 18 years. He’s an attorney at Bernard Lyons Gaddis & Kahn P.C. in Longmont. Contact him by calling 303-776-9900.

JAMES A. LIONBERGER

ATTORNEY

• Family Law • Mediation • Evictions 27 years experience as a litigator 17 years experience as a mediator

303-776-8888 2907 17th St. Ste. B, Longmont

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UNLESS WE WIN Automobile Accidents Uninsured/Underinsured Motorist Claims Motorcycle Accidents Trucking Accidents Bicycle Accidents Wrongful Death Slips and Falls Nursing Home Neglect/Abuse Workers' Compensation

The Law Office of

Edward Smith 303-682-2944

www.edsmithlaw.com 2009 Boulder County Attorneys

• Family Law • Adoption • Child Support • Dissolution of Marriage • Mediation • Wills & Estates

720-684-6182

11891 N. 75th Street Hygiene, CO 80533 45


Home Sales

Equal Housing Opportunity

By Colorado Bar Association Do I Need a Lawyer? Generally, buying or selling a home is the largest financial transaction of one’s life. These real estate transactions give rise to a number of legal questions that a lawyer with real estate background and experience is best equipped to answer. Only a lawyer and not a lender, title company, real estate broker or Realtor can give people legal advice. How Much Will a Lawyer Cost? There are no set fee schedules for lawyers, and individual lawyers charge different fees for different services. Before hiring a lawyer, people should ask the lawyer to explain what fees they can expect. People may also wish to discuss limiting the lawyer’s involvement in the transaction to specific tasks such as reviewing the contract, reviewing the title commitment and related title documents, and reviewing the closing documents. What if I Don’t Have a Lawyer? If people don’t have a lawyer, there are many ways to find one. They can ask friends, associates at a job, a broker or Realtor, consult with a lawyer referral service in the Colorado Bar Association, or confer with a member of the Real Estate Section of the Colorado Bar Association. Can I Rely on Others? • Lenders – Since a lender wants primarily to protect its loan and security, the lender’s position is mostly compatible with that of the buyer. However, the lender’s and the buyer’s interests may differ. For example, lenders receive different types of title insurance coverage and documentation than buyers. Also, a lender often orders and receives for its own records important items such as a survey, environmental report (if appropriate), and appraisal on the property being bought. Frequently, these items are not delivered to the buyer unless requested. A lender’s evaluation of these documents quite often is not as stringent as a buyer’s review should be. • Title Insurance Companies – Title insurance is not strictly speaking insurance. It is a contract which agrees to indemnify the holder of the insurance policy, within the policy limits, for loss sustained by reason of certain defects in the title, provided the loss does not result 46

from a defect excluded by the policy provisions. However, title insurance policies contain many exclusions and exceptions, which leave gaps in the buyer’s protection. It is important for buyers to understand what these exclusions and exceptions are, to review the actual documents and to evaluate their effect on a buyer’s title (and the scope of title insurance coverage). A lawyer can often help a buyer or seller understand these important documents and to negotiate for the elimination of some of these exclusions and exceptions from the title policy. Typically, as a service to (and for a small fee paid by) the real estate brokers, title companies prepare the deed and bill of sale conveying title to the real estate and inclusions. A lawyer can review these documents and ensure their compliance with the contract terms. Furthermore, title companies prepare numerous other documents which parties are asked to sign at closing, many of which protect the title company. • Real Estate Brokers/Realtors – In transactions where real estate brokers act as agents or transaction brokers and receive only a commission, the Colorado Supreme Court allows contracts to be prepared by brokers/Realtors under specific circumstances. These must be prepared on standard contract forms approved by the Colorado Real Estate Commission Continued on 47

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generally by filling in the blanks with information obtained from the usual sources. Real estate brokers/Realtors are not lawyers, and cannot give legal advice. The buyer should always remember that in real estate transactions, several forms of brokerage relationships exist. These include exclusive seller or buyer agent, dual agent and transaction broker. Sometimes due to circumstances arising during a transaction, these relationships can change. Therefore, each person working with a broker/Realtor should clearly understand the relationship that the broker/Realtor has in the transaction. This includes such important things as confidentiality of that party’s negotiating considerations and motives. Parties should request and review the Brokerage Relationship Disclosure forms with the broker/Realtor before proceeding. When Should I Consult a Lawyer? In General – When making the decision about whether or not to consult a lawyer, remember the advice printed on the Colorado Real Estate Commission approved real estate contracts: • Always check the top left corner of the document to determine if it has been approved. Examples of contracts, which usually have not been approved, include builder contracts, construction contracts, most contract addenda and leases (including attachments and exhibits). Whether approved forms or not, these are all legally binding documents which have important legal consequences that a lawyer can help you understand before you sign. • Sellers – Sellers who decide to consult a lawyer should do so before signing the listing contract with the broker/Realtor to sell. • Buyers – Buyers who decide to consult a lawyer should do so before or as part of preparing an offer to purchase. The purchase offer contains the terms of the home purchase, as well as the rights and obligations of both the buyer and seller. The purchase offer signed by the buyer becomes a legally binding contract when accepted and signed by the seller. Once the contract is signed, it is typically too late to make changes. Buyers should also consider consulting a lawyer before signing an Exclusive Right to Buy Contract with a buyer broker or transaction broker. From Listing or Purchase Contract to Closing The brokerage or purchase contract sets the scene for the remainder of the transaction. 2009 Boulder County Attorneys

Many issues need attention in the purchase or sale of a house. These issues may impact your legal rights and responsibilities. A lawyer can help you address these issues during preparation or review of the listing contract and the Contract To Buy and Sell Real Estate. A lawyer can also help in the review and analysis of the title commitment and related title documents. These title documents are important. Furthermore, a lawyer can aid in preparation for closing or settlement. Communicate Clear communication among all parties and their representatives is the key to a troublefree real estate transaction. Although there are occasions (such as with brokers acting as dual agents or transaction brokers) where confidentiality issues should be understood and closely examined before doing so, generally speaking complete sharing of all information and pertinent documents will help the broker/ Realtor and lawyer do a better job for the buyer or seller and help them avoid later disputes. Contributing Organizations • Colorado Bar Association – The Colorado Bar Association is a voluntary membership association of Colorado attorneys, although not inclusive of all licensed practitioners. The association’s purposes include advancing the legal profession’s service to the public through high professional standards and ongoing educational programs. Cooperation with the real estate brokerage industry and regulatory agencies include the kinds of activities that further those goals. • Colorado Association of Realtors – The Colorado Association of Realtors is a voluntary trade association. It is important to note that the terms real estate licensee, broker, salesperson, agent and Realtor are not the same. The term Realtor refers to a voluntary member of the National Association of Realtor who agrees to follow a 17 article Code of Ethics. • Colorado Real Estate Commission – The Real Estate Commission, as a division of the Department of Regulatory Agencies, is charged with regulating the real estate industry. The primary objective of the commission is protection of the public through licensing of real estate brokers, salespeople and subdivision developers and enforcement of the License Law and Subdivision Developers Act. The Real Estate Commission should not be confused with the Colorado Association of Realtors, a private organization composed of industry members. 47


Identity Theft

Protect Yourself from Identity Theft

By Boulder District Attorney Identity thieves are creating new ways of obtaining personal information every day – be on your guard in every aspect of your life. The number one way to avoid identity theft is to hit delete. Billions of e-mails hit computers each day. Many look legitimate or even threatening – don’t engage, don’t reply – forward to the anti-spam/anti-phishing site provided by your Internet provider, or to abuse@ and then the name of the organization that was imitated. Other suggestions for avoiding identity theft follow. Phone • Be sure you are on the no-call list for your home and cell phone. To sign up, visit www. donotcall.gov or call 888-382-1222. • Be aware that although political and charitable organizations are exempt from the no-call list there are people who pose as charities or political parties – always check the legitimacy of any caller. Credit / Credit Cards • Check your credit report via www.Annual CreditReport.com. If you do not have access to the Internet call 877-322-8228. The Boulder District Attorney’s office recommends making three separate requests during the year (one request per year from each credit reporting agency is free), so there is more opportunity to monitor activity on your report. Check your credit report before making a big purchase, such as a house or car, so you can clear up any problems before applying for credit. To report fraud contact one of the big three credit reporting agencies and a fraud alert will be forwarded to the other agencies: • Equifax – www.equifax.com. To report fraud, call 888-766-0008 and write: P.O. Box 740241, Atlanta, GA 30374-0241 • Experian – www.experian.com. To report fraud, call 888-EXPERIAN (397-3742) and write: P.O. Box 9532, Allen TX 75013 • TransUnion – www.transunion.com. To report fraud, call 800-680-7289, fax 714-4476034, e-mail fvad@transunion.com or write: Fraud Victim Assistance Department, P.O. Box 48

6790, Fullerton, CA 92634-6790 • Consider putting a security freeze on your credit report if you do not anticipate applying for credit in the near future, or at all. Notify all three credit reporting agencies in writing. See the Security Freeze information on the Consumer Web site at www.boulderda.org, call 303-441-3700 or see page 28 of this book. • Monitor bills and credit card activity carefully each month. Report any discrepancies immediately. You have 60 days to report a discrepancy once an erroneous charge appears on your bill.

• Make sure there are no identifying numbers or personal information on receipts and make sure only the last four numbers of your credit card appear on any credit receipt. • When applying for credit make sure you know how the business disposes of all personal information – business dumpsters are favorite targets of identity thieves. Computer / Internet • Do not respond to any e-mail that purports to be from an agency needing your personal information (credit card company, e-bay, bank look-alike, etc.). Look-alike sites may tell you your information has been compromised, they need more information or need to update information. • Do not engage by replying to bogus e-mails, and do not click on any message that suggests you “unsubscribe.” A reply may give hackers access to your information or allow a virus to contaminate your computer. • E-mails may pretend to be from familiar agencies or may say they are from organizations

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such as the IRS, FBI or Homeland Security. They may threaten to ruin your credit for an unpaid bill, or issue penalties for not paying taxes – don’t fall for any of these scams – they are all “phishing” for your financial information. Hit delete, or forward to your anti-spam/antiphishing site. • Never give out personal information over the phone or the Internet unless you initiate the contact and are certain you are dealing with a secure site. Be aware of scams directing people to look-alike sites that attempt to “pharm” your personal information. • When purchasing items on the Internet, check out the seller thoroughly and don’t buy more than you can afford to lose. It is difficult for law enforcement to assist in recovering your money when it is across state lines. Phony cashier’s checks appear frequently in Internet purchases – be careful, and use secure payment options available. • Deal with locked/encrypted sites only (https) (look for the padlock) when transacting business on the computer. Be aware that con artists are “pharming” private information off the Internet by directing consumers to look-

alike sites that mimic legitimate companies. • Social Networking Sites: Educate your children so they aren’t giving any personal information in chat rooms as they are often the province of predators. Adult chat rooms and Internet dating sites are also being used by thieves posing as love interests in need of transportation, operations, money or other handouts. • Update your virus, spy ware, anti-spam and filtering protection software regularly. • Use a strong password – a combination of upper and lower case letters, numbers and symbols. • Avoid using an automatic login feature that would allow easy access to any personal information stored on a computer. • Read Web site privacy policies to learn about the access to and control of personal information. • Make sure your wireless Internet is protected. Identity thieves cruise neighborhoods looking for open wireless access. • To opt-out of receiving unsolicited commercial e-mails use the Direct Marketing Association’s on-line form at www.dmaconsumers.org/ offemaillist.html. This request will be effective Continued on 50

EVAN FREIRICH P.C.

FOR MEN AGGRESSIVE EXPERIENCED

Family Law • Divorce Parental Rights Parenting Time Child Support - Maintenance Complex Financial Matters

303-444-3029

1911 11TH ST STE 203, BOULDER

Lawyer@EFPC.US

Free Initial Consultation 2009 Boulder County Attorneys

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for one year. • Destroy old computers – use a strong overwrite program or consider physically hammering the hard drive and any disks containing financial information before recycling them or throwing them away. If you are giving them away, use a strong program to overwrite the hard drive. • When upgrading your computers, consider saving the old one and dedicating it to the Internet – the new one will stay virus and hacker free. Charities • Do not give to any charity without making sure it is legitimate. Check it out through the Better Business Bureau Wise Giving Alliance at www.give.org, the IRS Web site at www.irs.gov or call the Boulder District Attorney’s office. • The Colorado Secretary of State Web site is equally important – you can use the site to make sure a charity is licensed and research how much a charity actually gives to those it purports to serve at www.sos.state.co.us. Mail • Reduce the amount of mail you receive by calling the national credit bureaus’ opt-out line at 888-5-OPT-OUT (888-5-678-688) or visiting www.optoutprescreen.com. This action will reduce the number of pre-approved credit offers you will receive. There is an option to make this temporary or permanent and we recommend making the option permanent. • Cross-shred all mail and any other information containing personal identification and account numbers (especially the pre-approved credit offers). Further reduce the amount of mail by writing to the following address: Mail Preference Service, Direct Marketing Association, P.O. Box 282, Carmel, NY 10512. You can also visit the Web site at www.dmaconsumers.org/ offmailinglist.html - though there is a fee for using the Web site. • If your mailbox is in a vulnerable location, and unlocked, consider renting a post office box. • Do not put outgoing mail in your personal mailbox unless it is secure. Putting a flag up to alert your carrier to mail also alerts crooks to the fact that mail is available for the taking in that box. Pick up your mail immediately so thieves have less opportunity to steal it. • Have your mail held when you are on vacation by calling the U.S. Postal Service at 50

800-275-8777 or make arrangements through their Web site at www.ups.gov. • Thieves use change of address cards to divert mail to another location – get to know your mail carrier. Banking • Use passwords or photo identification on credit cards and bank accounts – encourage businesses to request photo identification with credit card use. • There have been frequent reports of fraudulent cashier’s checks and money orders, particularly in response to items sold on the Internet. Be especially careful when accepting and depositing this tender – ask for help from your financial institution in determining whether they are counterfeit. Many who offer these fraudulent checks or money orders indicate the check is for an amount greater than the amount requested and ask you to send the difference. • Thieves will post apartments and houses for rent on the Internet and accept money orders for deposits and rent – when they don’t even own the house. Make sure you are giving any money in person and can verify that the person you are meeting actually manages or owns the property. • Use caution when using an ATM machine, both for personal safety, and for password surfers who may be trying to see your password. (Phony ATM machines have appeared in the U.S.). • If you use online banking or automatic withdrawals, make sure your banking institution limits withdrawals to those authorized and the times authorized. Make sure you only have an amount in that account minimally necessary to cover monthly bills. • Make sure PIN numbers are not obvious. • Have your checks sent to your bank or credit union and pick them up there if your mailbox is in a vulnerable location. At Home • Make sure you know any contractor working in your home, do not leave anyone alone in your home, and make sure your personal information is secure. • Do not put your trash out the night before – identity thieves can help themselves. • Make sure you have secured information from credit cards and licenses (such as photocopying or writing down phone numbers and account numbers) so any loss can be reported Continued on 51

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immediately. • Beware of door-to-door solicitations. Never give information or money at the door without researching the magazine salesperson, charitable solicitor or contractor first. Con artists thrive after disasters in particular. Research any organization prior to giving. Call the Better Business Bureau at 303-758-2100 and the Boulder Dictrict Attorney’s office at 303-441-3700. The Secretary of State’s Web site tracks how much a charity actually gives to the charitable organization, and whether the charity is registered.

What to do If Identity Theft Happens to You • If the identity theft has seriously and substantially affected you financially, or through criminal impersonation, contact the local law enforcement agency that has jurisdiction where the crime was committed. A report will be taken and that law enforcement agency will investigate, pursuant to Colorado Revised Statutes 16-5-103(3). This statute also provides for a victim to petition the court with jurisdiction to make a factual finding of innocence – and that court order, along with the police report, may be necessary to file with credit reporting agencies. This may be especially necessary if someone has assumed your identity while committing a crime. You can find the motion to petition the court at the Colorado Courts self-help Web site at www.courts.state.co.us/ Self_Help/Forms. • Report the identity theft immediately to one of the credit reporting agencies and ask them to place a fraud alert on your account. The alert will remain on your report for about 90 days unless you choose to extend the alert or ask for a security freeze. If you call one agency, they will forward the fraud alert to the others: TransUnion, 800680-7289 or www.tuc.com; Equifax, 800525-6285 or www.equifax.com; Experian, 888-397-3742 or www.experian.com. • Fill out the ID Theft Affidavit online at the FTC site and send it to each credit reporting agency and to any affected creditors

2009 Boulder County Attorneys

• Don’t fill out surveys – the fine print may hold a surprise obligation such as a subscription, a new long-distance carrier or exemption from no-call lists. • Make sure you take advantage of the privacy or opt-out policy of every company you deal with – mortgage companies, credit card companies and banks. Ask how each company safeguards and disposes of their information. • Do not carry your Social Security number with you unless you are going to need it that day. Check your earnings and benefits statements at 800-772-1213.

immediately. Call 877-ID-THEFT (877438-4338) or visit www.ftc.gov/bcp/conline/ pubs/credit/affidavit.pdf. • Consider putting a security freeze on your credit report. Information on security freezes can be obtained at www.boulderda .org or call the office for a printed copy of the information. • Close any affected accounts and stop payment on any stolen checks. Consider putting additional layers of security on any accounts that might be vulnerable. • Do not use the same passwords and personal identification numbers that were on the compromised accounts – choose new ones. • Notify the Department of Motor Vehicles if your driver’s license has been stolen. • If your checkbook has been stolen notify your financial institution and check approval agencies: Telecheck, 800-710-9898 or www.telecheck.com; Certegy, Inc. (previously Equifax Check Systems), 800-437-5120. • Notify the postal inspector and your carrier if mail is involved. • Call the Social Security fraud hotline at 800-269-0271 if you believe your Social Security information has been compromised. • If an identity thief has used your personal information to create tax problems call the IRS at 877-777-4778, or visit www.irs.gov/advocate • For more information on identity theft prevention log onto the Federal Trade Commission Web site at www.ftc.gov. Report Internet fraud to the Internet Crime Complaint Center at www.i3c.gov. 51


Inmigración

Ley Migratoria de EEUU

Por Lisa E. Battan Los abogados de la inmigración ayudan los negocios, las familias y los individuos obtener documentos de inmigración que permiten a ciudadanos extranjeros a vivir y trabajar en los Estados Unidos legalmente. Muchos de los beneficios de vivir en los Estados Unidos están disponibles sólo a los que tienen una visa apropiada, residencia permanente (también conocido como una “tarjeta verde”) o ciudadanía estadounidense. Estos beneficios incluyen obtener un número del seguro social, solicitar un licencia de conducir, abrir una cuenta bancaria, asegurar un trabajo bueno, recibir beneficios públicos y viajar dentro y Battan fuera de los Estados Unidos. Los ciudadanos extranjeros pueden presentar lícitamente en los Estados Unidos en el estatus de no-inmigrante o de inmigrante. Estatus del No-inmigrante El estatus de No-inmigrante permite a un ciudadano extranjero quedarse en los Estados Unidos por un espacio de tiempo definido y propositado con todas las seguridades definidas. Los no-inmigrantes deben tener permiso para trabajar en los Estados Unidos o ser patrocinados por un empleador estadounidense basado en una oferta de empleo específica y deben trabajar sólo para ese empleador, o tener permiso del trabajo para objetivos específicos. Las leyes limitan algunas categorías autorizadas por el trabajo utilizando niveles anuales y algunas visas tienen un requisito de salario mínimo. Hay muchas categorías de estatus de noinmigrante; entre los más común son visitantes, estudiantes, los temporeros, trabajadores profesionales, directores y cesionarios multinacionales, atletas profesionales, los artistas y los empresarios. Cada tipo de visa de trabajo tiene requisitos muy específicos que deben ser encontrados por el empleador y el empleado. Las visas del trabajo no están disponibles para toda clase de trabajo – sólo los que reúnen criterios particulares. Porque puede tomar muchos meses para arreglar una visa del trabajo, los empleadores y los empleados deben comenzar 52

el proceso legal de inmigración bien en avance de cuando el trabajador sea necesitado en los Estados Unidos. Estatus del Inmigrante El estatus del inmigrante puede mantener el permiso a un ciudadano extranjero para residir en los Estados Unidos, siempre que esa persona no viole su estatus. El estatus permanente del residente se refiere comúnmente como una tarjeta verde, pero no es sinceramente “permanente”. El estatus permanente de la residencia puede ser revocado o puede ser abandonado. La mayoría de las ganancias del estatus permanente de un ciudadano extranjero de residencia sale por una relación familiar. Esto significa que el ciudadano extranjero es patrocinado por su ciudadano de los Estados Unidos o es un novio permanente del residente, el esposo, niño adulto (más de 21 años de la edad), el padre o el hermano. Algunos ciudadanos extranjeros esperan muchos años para inmigrar a los Estados Unidos basado en una relación familiar. Algunos ciudadanos extranjeros ganan su residencia permanente por una relación de empleo. Y un pequeño porcentaje de ciudadanos extranjeros ganan su residencia permanente por refugio o un programa refugiado. Se continúa en la 53

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Ciudadanía Estadounidense Un ciudadano extranjero debe tener residencia permanente para un cierto número de años y encontrar varios criterios, antes que la persona pueda solicitar ciudadanía estadounidense. Una vez que una persona es un ciudadano de los Estados Unidos, esa persona tiene derecho a un pasaporte estadounidense y todos los beneficios de ciudadanía de los Estados Unidos. Comprobación de Empleador Los empleadores del EEUU deben conformarse con varias requisitos del inmigración relacionados al emplear a cualquier trabajador. Estos requisitos se aplican si el empleador tiene a un trabajador extranjero o no. Bajo la ley federal, los empleadores son requeridos a revisar documentos presentados por empleados que demuestran identidad y trabajo autorización dentro de tres días hábiles de emplea. Los empleadores son requeridos a atestiguar en Fórmula I-9 que ellos han revisado los documentos y que ellos parecen verdaderos y auténticos. Los profesionales humanos del Recurso se encuentran con varios desafíos de conformár con los requisitos de comprobación de empleo. Un abogado hábil de la inmigración puede ayudar la as compañías navegar este proceso complicado. Principio el 1 de enero, 2007, la ley del Colorado impone unos requisitos separados de comprobación de empleo para nuevo emplea en Colorado. Hay obligaciónes y penas en los que muestran “descuidadamente indiferencia” en estos requisitos. Algunas compañías son requeridas a utilizar un sistema electrónico llamado E-Verifica para verificar estatus de la inmigración de un empleado. Otros empleadores pueden escoger voluntariamente a utilizar este sistema electrónico de comprobación. Las leyes inmigratorias del EEUU son restrictivas y complicadas. No todos los que quieren vivir y trabajar a los Estados Unidos son permitidos en hacerlo. El proceso implica generalmente una cantidad substancial del papeleo y procesamiento significativo en relación del tiempo. Un abogado calificado de la inmigración puede ayudar los negocios, las familias y los individuos en navegar nuestro sistema complejo de inmigración.

2009 Boulder County Profiles & Reference Book

View this book in its entirety online at www.TimesCall.com Boulder County Attorney Profiles and Reference Book presents attorneys in all specialties of the legal profession with pictures, profiles, articles and advertising. The book includes content focusing on various areas of law, general legal information, tips on finding an attorney and more. The book also includes some pertinent and exclusive pages of information presented in Spanish.

2009 Boulder Co

unty Profiles & Referen

ce Bo

Lisa E. Battan es la Abogada Directora de Lisa E. Battan, P.C. Contáctela llamando 303-444-8668 y o visite www.battanlaw. com.

2009 Boulder County Attorneys

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Escoger un Abogado

Cómo Escoger y Utilizar a un Abogado

Por la Asociación de Abogados de Colorado El sistema legal puede intimidarle a uno, pero no tiene que ser así. El sistema de leyes está allí para proteger a cada ciudadano norteamericano. Fue revolucionario cuando empezó, y ahora personas atienden a darlo por hecho. Pero es todavía acerca de la libertad, la protección del individuo, y la búsqueda de a una mejor manera de asentar disputas. ¿Debo pensar yo de hablar con o contratar a un abogado? Si usted contesta que “sí” a cualquiera de las declaraciones siguientes, usted debe considerar hablar con o contratar a un abogado. • Traté de resolver este asunto hablando directamente con “el otro lado” y no funcionó. • Soy amenazado con acción legal por una persona, o una compañía, o participando en una situación donde yo quizás sea demandado. • Necesito alguien para defender mi causa o hablar por mí. • He sido servido con papeles (citación, queja, autorización, etc.). • El “otro lado” tiene un abogado. • El resultado vale el costo de contratar a un abogado. • Esto es un asunto importante, como firmar un contrato, comenzar un negocio, escribir un testamento, o comprar o vender a una casa. ¿Cómo encuentro yo al abogado correcto? Es importante encontrar al abogado correcto y está en su mejor interés de comparar precios. Aquí están algunas maneras de encontrar a un abogado: • Pregunta a amigos, los parientes, los colegas que han utilizado a un abogado o conocen a un abogado para sus recomendaciones. Si ese abogado no puede manejar su clase de caso, ellos pueden poder proporcionar una recomendación para alguien que pueda. • Utiliza un Servicio de Referencia del Abogado en la guía telefónica o llama el Servicio de Referencia Metropolitano del Abogado por 303-831- 8000 para Denver y Boulder. • Busca el sitio web de la Asociación de Abogados de Colorado en www.cobar.org. Seleccione “encuentra a un abogado,” entonces seleccione “áreas de práctica y ciudades,” y la 54

guía proporcionará nombres y números de teléfono de abogados que practican en la ciudad que usted vive y maneja casos tal como lo suyo. • Vaya a la biblioteca y consulte un directorio legal. • Si usted quizás califique para la ayuda legal basada en sus ingresos, llame el Atiende del Colorado Legal a la Oficina más cercana de usted. Si usted no puede encontrar el número, llama la Asociación de Abogados de Colorado en 303-860-1115 o 800-332-6736. Los factores para considerar al contactar un abogado por primera vez: • Experiencia • Si maneja normalmente casos como el suyo • Si el abogado parece familiarizado con el área de la ley implicada en su caso • ¿Cuántos casos semejantes ha manejado el abogado y cuán exitoso ha sido él o ella ? • ¿Cuánto tiempo ha estado practicando? • ¿Ha tenido el abogado quejas acerca de su desempeño pasado? • ¿Es dedicado el abogado en la comunidad? Los Derechos del cliente: La comunicación y más • Su abogado debe responder a usted inmediatamente y claramente. • Su abogado debe mantener informado acerca del progreso. • Su abogado debe discutir sus esperanzas para el caso. • Su abogado debe devolver sus llamadas en un periodo de tiempo razonable. • Su abogado debe discutir con usted cuánto tiempo él/ella espera que el caso dure. • Su abogado debe discutir alternativas con usted. • Su abogado debe discutir resultados posibles del caso. ¿Qué debo esperar yo cuando contrato a un abogado? • Representación apasionada y competente. • Copias de todos documentos importantes. • Un acuerdo escrito de honorario y detallado facturando declaraciones. • Toda la verdad, incluso si duela. • Ser mantenido para ser informado. • Ser tratado con respeto. • Un arreglo negociado si ambos lados alcanzan un acuerdo justo. • Acuerdo con sus objetivos y una comprensión de su objetivo. • Sin conflicto de intereses con el lado Se continúa en la 55

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opuesto. • Regreso Oportuno de llamadas telefónicas. Sus responsabilidades como un Cliente: • Proporcionar al abogado con cualquier información usted tiene acerca del caso y ser completamente honesto acerca de todos hechos en su caso, si la información es favorable a usted o no. • Siguir aceptando el consejo. • Hacer preguntas cuando usted no comprende; hablar cuando usted no conviene. • Sea puntual por citas o notifica a su abogado si usted necesita cancelar o reprogramar a una cita. • Notificar a su abogado acerca del cambios en su caso; tomar responsabilidad para mantener a su abogado informado. • Pagar a su abogado un honorario razonable inmediatamente para el trabajo realizado. ¿Cuáles son mis alternativas a emplear a un abogado y incluyendo a cortejar? La prevención de problemas legales es la mejor alternativa y le puede guardar tiempo, dinero y preocupación innecesaria — y a menudo, un abogado le puede ayudar con esto. Si usted tiene problemas que parecen a la necesidad de soluciones legales, hay alternativas a emplear a un abogado y incluyendo a cortejar. Aquí están algunos de sus opciones: Representarlo y utilizar materias de autoayuda: Es legal para usted representarlo en tribunal y manejar sus propios asuntos legales, pero el personal de jueces y tribunal no es permitido darle asesoramiento jurídico. Si usted lo representa, usted debe ser consciente de todos los procedimientos del tribunal, archivando requisitos y fechas topes – usted será tendido a los mismos estándares como un abogado. Si usted no sigue las reglas que aplican a su caso, el tribunal no le puede permitir conseguir lo que usted desea, usted podría ser multado, o usted podría ser ordenado pagar los honorarios de los costos o del abogado del otro lado. Ningún empleado del tribunal es permitido darle asesoramiento jurídico. Usted puede preguntar al empleado del tribunal acerca de formas, los honorarios y reglas. Las bibliotecas tienen copias del estado y leyes locales, inclusive procedimientos del tribunal. Usted puede comprar paquetes de autoayuda (por ejemplo en el divorcio) en muchas librerías. Usted puede ir a tribunal de instancia para un asunto civil que está bajo $7,500. 2009 Boulder County Attorneys

Una pequeña acción de reclamos comienza con expediente de una declaración corta de los hechos y el pago de un honorario de la clasificación y el costo de servicio en su adversario. Una vez que la acción es archivada, el empleado pondrá una fecha y la ubicación para un ensayo. No hay derecho a un jurado en Pequeños Reclamos Corteja, y usted no podrá reunir información del otro lado antes de un pequeño ensayo de reclamos. Los abogados no son permitidos a menos que el abogado sea un partido ni sea un oficial ni el empleado de jornada completa de una compañía que es un partido. Usted es limitado al expediente dos reclamos por mes y 18 reclamos por año común. Pequeños Reclamos Cortejan no oye casos que implican la difamación o la calumnia, el desahucio, acciones de clase, disputas de tráfico, y ciertos otros tipos de casos. Visite el sitio web Judicial de Rama para la información adicional. Si usted se autorepresenta en cualquiera de los tribunales de Colorado, mantenga estos puntos en la mente: • Toda información archivada con el tribunal debe ser completa y legible. • El personal del tribunal no puede llenar formas para usted. • Contacto Directo con el juez o el magistrado no es permitido. • Su número de caso debe estar en algo usted archiva con el tribunal. • Usted debe dar las otras copias de lado de algo usted archiva con el tribunal y la nota a fines de algo archivó cómo y cuando usted proporcionó esas copias. • Usted necesitará cooperar con el otro lado para poner audiciones, el ensayo fecha y otros acontecimientos. • Sea preparado y organizado al presentar su caso. • Vestido apropiadamente y es cortés en el tribunal. Espere hasta que le toque a usted hablar, y para pararse al hablar si usted puede hacer así. Diriga al juez como “su honor”. Párese cuando el juez o el magistrado entran en o dejan el cuarto. Antes que usted decida representar usted mismo, considere si usted puede transmitir su historia al juez o el jurado sin ayuda. Pregúntelo si el costo de contratar a un abogado vale la eficacia agregada que el abogado quizás traiga a discutir su caso. Considere el valor de su tiempo que quizás sea guardado si usted contrata a un abogado. 55


Recursos Locales

Recursos Legales en el Condado de Boulder

Access Counseling Boulder: 303-546-9100 Longmont: 303-776-8211 Crianza compartida: 303-546-9100 www.accessboulder.org info@accessboulder.org Proporciona consejos para la intervención temprana, servicios de educación y de remisión para individuos adultos, familias, parejas, niños y adolescentes en el Condado de Boulder sin importar su capacidad de pagar. Blue Sky Bridge, Programa de la defensa del niño y de la familia P. O. Box 19122, Boulder, CO 80308 303-444-1388 www.blueskybridge.org info@blueskybridge.org Blue Sky Bridge es un programa de apoyo para niños y familias dedicado a proporcionar un enfoque integral a la investigación de abuso de niños y la prevención de la pederastia. Abogado Municipal de Boulder P. O. Box 791, Boulder, CO 80306 303-441-3020 www.bouldercolorado.gov/cao La Oficina del Abogado de la Ciudad Boulder aconseja y representa el Ayuntamiento de Boulder, sus Consejos y Comisiones, y los departamentos de la Ciudad en todos asuntos legales que implican estas entidades. Esta oficina también redacta ordenanzas para la aprobación del Ayuntamiento. Adicionalmente, esta oficina procesa infracciones de ordenanzas municipales. Los partidos implicados en disputas de propietario/arrendatario y comunidad pueden solicitar servicios de mediación por medio del Departamento Housing and Human Services al 303-441-4364. La línea de información al público a las 24 horas está disponible en 303441-4060. Llame 303-441-3025 para asuntos de prosecución ante la corte municipal. El Proyecto de SIDA del Condado del Boulder 2118 S. 14th St., Boulder, CO 80302 303-444-6121 ext. 105 – inglés 303-444-7181 – español 82 21st Ave., Ste. C

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Longmont, CO 80501 303-774-8827 www.bcap.org La misión del BCAP es: apoyar, defender, y educar a los de la comunidad que son infectadas con o afectado por VIH/SIDA; y para servir como un alcance y centro de información para prevenir la transmisión adicional del VIH. La Asociación de Abogados del Condado del Boulder 1942 Broadway, Suite 205, Boulder, CO 80302 303-440-4758 www.boulder-bar.org que La Asociación de Abogados del Condado de Boulder es una organización de membresía voluntaria de abogados que practican en el Condado de Boulder. Les proporciona programas educativos a sus miembros, la comunidad, el distrito escolar, los medios de comunicación y organizaciones públicas de interés. La Asociación arregla presentaciones de orador gratis para grupos comunitarios. Un comité del profesionalismo está disponible para responder a clientes que tengan preguntas éticas con su representación legal. No se refiere a abogados ni da asesoramiento jurídico, pero mantiene un sección de Encontrar un Abogado en su sitio de internet. Servicios Legales del Condado del Boulder 315 W. S. Boulder Road, Suite 205 Louisville, CO 80027 303-449-7575 www.ColoradoLegalServices.org Servicios Legales del Condado del Boulder, una oficina de Servicios Legales de Colorado, es una corporación privada sin fines de lucro cuya misión es de proporcionar acceso significativo a servicios legales, civiles y de alta calidad en la persecución de la justicia para tantas personas de escasos recursos y miembros de poblaciones vulnerables a través de Colorado como sea posible. BCLS proporciona ayuda legal por medio de su propio abogado; el coordinador profesional pro bono; la secretaria/ recepcionista; aproximadamente 10 asistentes de abogado voluntarios; y un cuadro de aproximadamente 300 abogados privados y voluntarios a quienes se refieren clientes, si éstos son aceptados para tal servicio. Se continúa en la 57

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Centro Para Personas Con Incapacidades 1675 S. Range St, Boulder, CO 80301 303-442-8662 www.cpwd-ile.org CPWD proporciona información, recursos y apoyo para ayudar a personas con incapacidades a superar barreras a la vida independiente. CPWD es comprometido a la integración de personas con incapacidades en todos aspectos de la vida comunitaria, ofreciendo servicios para guiar a personas en su búsqueda de independencia, servicios en casa de sanidad para apoyar actividades de la vida diaria, y entrenamiento para habilidades de auto-apoyo para mantener independencia. El Proyectode Iniciativas Legales del Centro Centro de Communidad de Colorado Homosexual, Lesbiana, Bisexual y Transexuales 1050 Broadway, Denver, CO 80203 Línea Directa Legal, 303-282-6524 (lunes a viernes) www.glbtcolorado.org clip@glbtcolorado.org Es el proyecto legal del Centro de la Comunidad Homosexual, Lesbiana, Bisexual y Transexual de Colorado. La misión de CLIP es defender y expander los derechos civiles y legales de personas de HLBT y de personas con VIH. El centro también promueve y expande los derechos civiles y legales de personas de HLBT y de ésos con VIH. Ellos se esfuerzan por promover la comprensión y la tolerancia educando el público acerca de discriminación contra la comunidad de HLBT y contra ésos con VIH. CLIP persigue casos de alto-impacto que establecen precedentes legales en los tribunales para mejorar las vidas de personas de HLBT. Servicio de Mediación de la Ciudad de Boulder Vivienda y Servicios Humanos de la Ciudad de Boulder P. O. Box 791, Boulder, CO 80306 303-441-4364 www.ci.boulder.co.us/cyfhhs/mediation El Servicio de Mediación de Boulder les proporciona servicios de mediación a residentes de Boulder en las áreas de propietario/ arrendatario, el padre/joven, el vecindario, comunidades sin fines de lucro, no lucrativo, la 2009 Boulder County Attorneys

juventud, la justicia reconstituyente, asuntos raciales y multiculturales. Los mediadores están disponibles durante el día, las tardes y los fines de semana para acomodar todos horarios. Programa de Educación Clínica University of Colorado at Boulder Wolf Law Building Campus Box 404, Boulder, CO 80309-0404 303-492-8126 www.colorado.edu/law/clinics/legalaid/clinic. htm El programa de Educación Clínica de la Universidad de Colorado ofrece servicios legales en ciertas clases de usuntos de negocios civiles, criminales, de juventud y no-administrativo. El programa es proveído por miembros de la facultad licenciados y clínicos que supervisan estudiantes de derecho. Los Tribunales del Vigésimo Distrito Jurídico de Boulder Corte del Condado de Boulder Rama de Longmont, Civil & Pequeños Reclamos 1035 S. Kimbark, Longmont, CO 80501 720-564-2522 Horas: De lunes a viernes, 8 a.m. a 5 p.m. El Centro de Justicia de Boulder 1777 Sixth St., Boulder, CO 80306 303-441-3750: Horas: De lunes a viernes, 8 a.m. a 5 p.m. El sistema del Tribunal de Colorado es dividido en 22 distritos judiciales. Cada distrito tiene un tribunal y cada condado dentro del distrito judicial tiene un juzgado de primera instancia. El Vigésimo Distrito Judicial es comprendido del Condado de Boulder. Los Tribunales del Vigésimo Distrito Judicial tienen dos ubicaciones: Longmont y Boulder. Cada Tribunal de distrito y algunos casos del Juzgado de primera instancia son manejados en el Centro de la Justicia de Boulder. Estos incluyen casos de juzgado civiles, domésticos, de protocolización, de salud mental, de adopciones, criminales, juvenil y todos los casos de primera instancia: tránsito, delito, y pequeños reclamos civiles. La Rama de la Corte en Longmont administra infracciones de tránsito, los delitos, reclamos civiles hasta $15,000 y pequeños reclamos hasta $7,500. Se continúa en la 58

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La oficina del Fiscal de Distrito del centro de la justicia del bondado Boulder P.O. Box 471, Boulder, CO 80306 303-441-3700 www.co.boulder.co.us/da que La oficina del Fiscal de Distrito del centro de la justicia del condado Boulder es responsable para procesar todas infracciones de la ley de estado que ocurre en el Condado de Boulder, inclusive delitos, ofensas de tráfico, conducir hebrio, y ofensas de crimen grave. La oficina también mantiene una división de testigo de víctima. La división se dirige a las necesidades de víctimas, proveyendo intervención de crisis, consejos, apoyo, y donde posible, la restitución. El Comité de Longmont 455 Kimbark St., Longmont, CO 80501 303-651-6125 elcomite@qwestoffice.net El Comité de Longmont es una organización de derechos humanos y apoyo cuya misión es de ayudar los latinos y otros en nuestra comunidad por servicios directos de cliente (en la oficina y por teléfono), los programas y por una red extensa de referencia. Ellos participan en áreas tàl como: el desempleo y los sueldos perididos/impagados; traducción de documentos legales (carta de poder, las licencias de matrimonio y los certificados de nacimiento, etc.); inmigración publica; la familia publica (el divorcio, el funeral, mediación limitada, etc.); el tribunal y preocupaciones del sistema de justicia (refrenando órdenes, el tráfico y otras citaciones, etc.); la educación; y la mediación. Ellos no son una agencia legal de servicios, pero se refieren a clientes para apropiar recursos que sirven generalmente alos basados en sus recursos. Inmigrantes el Centro Legal del Condado de Boulder 948 North St., Suite 8, Boulder, CO 80304 303-444-1522 www.boulderayuda.org laurel@boulderayuda.org El Centro de Inmigrante Legal es una organización 501(c)(3) sin fines de lucro que proporciona ayuda con asuntos de inmigración en inglés y español. El Centro legal para los inmigrantes es una organizacion de Colorado sin fines lucrativos 58

especializada en asuntas de inmigración. La abogada Laurel Herndon, es proficiente en hablar en español. La oficina del Abogado de la Ciudad de Longmont 408 Third Ave., Longmont, CO 80501 303-651-8619 La oficina del Abogado de la Ciudad de Longmont proporciona asesoramiento jurídico al Ayuntamiento sobre asuntos que vienen antes del Concilio. La oficina da asesoramiento jurídico representa funcionarios de la ciudad, los departamentos, las tablas y las comisiones. Los abogados personales son responsables de procesar todas infracciones de ordenanzas municipales inclusive asuntos municipales de tráfico. Los partidos implicaron en el propietario/arrendatario, albergar, disputas de vecindario y comunidad pueden contactar la Oficina de Relaciones de Comunidad en 303-651-8445 para obtener un folleto de información o solicitar a un mediador sin costo. Servicios de Mediación de Longmont 350 Kimbark, Longmont, CO 80501 303-651-8444 www.ci.longmont.co.us La medición es una alternativa efectiva a luchar, demandar o abandonar. Servicios apoyados por impuestos están disponible sin ningún costo a miembros de la comunidad de Longmont. Los servicios trabajan en las áreas de propietario/arrendatario, vecino a vecino, control animal, infracciones de código, el de consumo/comerciante, asuntos de familia, asuntos de comunidad, envoltura de feria, asuntos entierra-culturales y padre/joven. Nosotros hablamos espanol, tambien. La oficina del Defensor de Oficio 1881 Ninth St., Suite 200, Boulder, CO 80302 303-444-2322 www.state.co.us/defenders boulder.pubdef@state.co.us La Oficina de Boulder del Defensor de Estado de Colorado es proveída por abogados, los secretarios, los asistentes de abogado, los investigadores, estudiantes de derecho de interno y voluntarios. Los abogados en esta oficina defienden a personas cargadas en el crimen grave, casos de delito y joven en los condados de Boulder y de Broomfield. Se continúa en la 59

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Crianza Compartida 303-546-9100 www.accessboulder.org que El Programa Compartido del cuidar a los niños dirige la necesidad para un sitio de bajo costo, neutral y seguro donde padres divodiados o separados, los abuelos y otros con derechos puedan cambiar/visitar los padres a sus niños sin violencia u hostilidad. Los sitios neutrales de intercambio previenen el conflicto entre el padre o la madre que entrega al niño(s) para que no hable con el padre que le(s) recoge. En un ambiente familiar y hogareño, el personal orienta a los niños mientras ellos esperan al otro padre. Los servicios incluyen intercambios, tiempo supervisado de crianza, cuidado de niños y crianza terapéutica. El Refugio seguro de St. Vrain 303-772-0432 303-772-4422 - línea de crisis a las 24 horas www.safeshelterofstvrain.org info@safeshelterofstvrain.org El Refugio Seguro proporciona la protección, la intervención y el apoyo a ésos cuyas vidas han sido afectadas por violencia doméstica. El partidario legal proporciona ayuda sin costo a esas órdenes de la protección y que buscan y la información y las referencias para casos de divorcio y custodia. El Refugio seguro proporciona aconsejar, basados en empoderamiento servicios de educación y referencia a familias necesitadas. Servicios Famiiliares de St. Vrain – Servicios S.A.F.E. El Centro Meeker 839 Meeker St., Longmont, CO 80501 303-776-5348 www.stvrainfamilycenter.org El centro promueve la crianza sana de niños y las relaciones familiares proporcionando oportunidades educativas, servicios y recursos sostenedores en un lugar seguro y que alimenta. Los Servicios S.A.F.E. del centro proporcionan un lugar seguro para el cambio de niños entre padres divorciados o separados y tiempo de crianza supervisada para padres que son requeridos a tener visitas supervisadas con sus niños. Alianza Progresiva “Safehouse” para No-Violencia (SPAN) 2009 Boulder County Attorneys

Línea de crisis: 303-444-2424 Oficinas Administrativas: 303-449-8623 info@safehousealliance.org www.safehousealliance.org SPAN es una organización para los derechor humanos comprometida a terminar violencia contra todas las mujeres, los transexuales, la juventud y los niños por medio de apoyo, educación y organización comunitaria. El Programa SPAN para Apoyo Legal ayuda a víctimas para obtener Ordenes Civiles de Protección, contesta preguntas acerca de los procesos criminales, civiles y migratorias, acompañando a la víctimas al jucio, y proporcionándoles una mesa redonda de ausntos migratorios y un lugar para resolver asuntos legales. Servicios Legales Estudiantiles 311 University Memorial Center Box 206 UCB, Boulder, CO 80309-0206 303-492-6813 www.colorado.edu/studentaffairs/legal/ Servicios Legales Estudiantiles proporciona servicios legales a costo bajo para estudiantes de tiempo completo en la Universidad de Colorado (ambos no graduado y posgrado). La oficina representa a estudiantes en una variedad de áreas inclusive los partes de tránsito, asuntos de criminal, DUI/DWAI, el propietario/ arrendatario y problemas del consumidor. VORP 3910 Table Mesa Drive, Boulder, CO 80305 303-442-6040 www.bouldervorp.org info@bouldervorp.org El Programa de Reconciliación de Víctima y Ofensor del Condado de Boulder es un programa de mediación independiente y sin fines de lucro que sirve la comunidad, las víctimas y sus ofensores implicados en crímenes o disputas. El proceso de la mediación de VORP implica reuniones entre partidos en un ambiente estructurado y seguro. YWCA 2222 14th St., Boulder, CO 80304 303-443-0419 www.ywcaboulder.org que El YWCA es una organización sin fin de lucro que ofrece crianza de niños, consejo de carrera, clases de computadora y un centro de recursos familiares y más. 59


Boulder

Bankruptcy/DUI/Estate Planning Paul Drew Stuber Paul Drew Stuber Law Office

Miller & Harrison, LLC

2322 Vineyard Place Boulder, CO 80304 303-442-6448 www.paulstuber.com paulstuber@aol.com

2305 Broadway Boulder, CO 80304 303-449-2830 www.millerandharrison.com bob@millerandharrison.com

Areas of Practice: Bankruptcy, DUI Defense, Estate Planning and Trusts Education & Credentials: Undergrad at the University of Michigan, Juris Doctorate at Detroit College of Law Admitted to Practice In: Colorado

Areas of Practice: Criminal and Civil Trial Work, Personal Injury, DUI Education & Credentials: Bachelor of Arts and Juris Doctorate from University of Colorado-Boulder Admitted to Practice In: Colorado, Federal and State courts

Number of Years in Practice: Paul Drew Stuber has been practicing law for 26 years. Consumer Benefits: Payment terms, set fees, personal attention, free phone consultation.

Number of Years in Practice: Robert B. Miller has been practicing law for more than 30 years. Association Memberships: Colorado Trial Lawyers Association, American Trial Lawyers Association, Colorado Criminal Defense Bar, listed in Colorado Super Lawyers Consumer Benefits: Flexible appointment times Non-Legal Organizations Involved With: Boulder Rugby Club, National Old Timers Rodeo Association, YMCA, Mendelhall School of Auctioneering graduate

Civil Litigation Michael J. Thomson

Criminal Law Phil Clark

Purvis-Gray, LLP

The Clark Law Firm, P.C.

4410 Arapahoe Avenue, Suite 200 Boulder, CO 80303 303-442-3366 www.purvisgray.net mthomson@purvisgray.net

2969 Baseline Road, Second Floor Boulder, CO 80303 303-444-4251 www.philclarklaw.com phil@philclarklaw.com

Areas of Practice: Personal Injury, Product Liability, Civil Rights, Heavy Truck Accidents Education & Credentials: Undergrad at Center Michigan University, Juris Doctorate from University of Colorado-Boulder School of Law Admitted to Practice In: Colorado Number of Years in Practice: Michael J. Thomson has been in the Boulder area practicing in civil litigation for seven years. Association Memberships: Colorado Bar Association, Boulder County Bar Association, Colorado Trial Lawyers Association Consumer Benefits: Consumers can receive one-hour free consultation. Non-Legal Organizations Involved With: President of Lafayette Girls Softball Association, Head coach fast pitch softball team

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Civil & Criminal Litigation Robert B. Miller

Areas of Practice: Criminal Law, DUI, Traffic, All Criminal Charges, Division of Motor Vehicles Hearings, Suspensions, Probationary Licenses, Misdemeanors and Felonies, Assault, Drugs, Theft, Sealed Records Education & Credentials: Undergrad at Colorado State University, Juris Doctorate from University of Denver Law School Admitted to Practice In: Colorado, United States Court of Appeals Number of Years in Practice: Phil Clark has been practicing law for 20 years throughout metro Denver and the Front Range. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Criminal Defense Bar Consumer Benefits: Free consultations; available to represent people prior to charging during police investigations. Non-Legal Organizations Involved With: Colorado State University Alumni Association, Boulder Chamber of Commerce 2009 Boulder County Attorneys


Criminal Defense Leonard I. Frieling

Miller & Harrison, LLC

Leonard I. Frieling, P.C.

2305 Broadway Boulder, CO 80304 303-449-2830 www.millerandharrison.com dave@millerandharrison.com

1942 Broadway, Suite 314 Boulder, CO 80302 303-666-4064 www.lfrieling.com lfrieling@lfrieling.com

Areas of Practice: Criminal Defense, DUI, Traffic, Domestic Violence, Drug Cases, Felonies, Misdemeanors

Areas of Practice: Criminal Defense including all Drugs, Driving, Violence, Theft and others

Education & Credentials: Bachelor of Arts and Juris Doctorate from University of Colorado-Boulder

Education & Credentials: Bachelor of General Studies from Ohio University, Juris Doctorate from Rutgers University Law School

Admitted to Practice In: Colorado Number of Years in Practice: David B. Harrison has been practicing law for 26 years. Association Memberships: Boulder County Bar Association (past president), Colorado Criminal Defense Bar, Colorado Bar Association Consumer Benefits: Quality representation at a fair price. Non-Legal Organizations Involved With: Boulder International Film Festival, Fast Forward Sports

Criminal Defense David S. Sanderson

Admitted to Practice In: Colorado and Federal, including United States Supreme Court Number of Years in Practice: Leonard Frieling has been practicing law for 32 years based in Boulder. Association Memberships: Life member of Colorado Criminal Defense Bar, life member of NORML Legal Committee, Colorado Bar Association Consumer Benefits: Calls returned, accepts credit cards, extensive experience Non-Legal Organizations Involved With: Boulder Handweavers Guild, Denver Mad Scientists

Divorce/Family Law Evan Freirich

Sanderson Law, PC

Evan Freirich, P.C.

4845 Pearl East Circle, Suite 101 Boulder, CO 80301 303-444-8846 www.sandersonlaw.net dss@sandersonlaw.net

1911 11th Street, Suite 203 Boulder, CO 80302 303-444-3029 www.EFPC.US Lawyer@EFPC.US

Areas of Practice: Criminal Defense, Drug Offenses, DUI, Domestic Violence Education & Credentials: Undergrad at Pennsylvania State University, Juris Doctorate from Fordham University in New York City

Areas of Practice: Family and Divorce Law including Parental Rights, Parenting Time, Child Support, Maintenance, Complex Financial Matters and others Education & Credentials: Juris Doctorate from University of Denver

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado, U.S. District of Colorado

Number of Years in Practice: David S. Sanderson has been practicing law for 20 years. Association Memberships: United States Supreme Court Bar Association, Colorado Bar Association, Boulder County Bar Association, National Association of Criminal Defense Lawyers, Colorado Criminal Defense Bar Association Non-Legal Organizations Involved With: Board member of Chester House in Longmont

Number of Years in Practice: Evan Freirich has been practicing law for 20 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association Consumer Benefits: Free initial consultation, credit cards accepted Non-Legal Organizations Involved With: Community Cycles

2009 Boulder County Attorneys

Boulder

Criminal Law David B. Harrison

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Boulder

General Civil Law Alexander Halpern Alexander Halpern LLC

Lisa E. Battan, P.C.

1426 Pearl Street, Suite 420 Boulder, CO 80302 303-449-6180 www.hapernllc.com ahalpern@halpernllc.com

1909 26th Street, Suite 1F Boulder, CO 80302 303-444-8668 www.battanlaw.com Lisa.Battan@battanlaw.com

Areas of Practice: Non-Profit Law; General Business and Real Estate; Wills, Trusts and Estates

Areas of Practice: Immigration

Education & Credentials: Bachelor of Arts from Brandeis University, Juris Doctorate from University of Denver

Education & Credentials: University of Colorado-Boulder Law School, past president of Colorado Chapter of American Immigration Lawyers Association

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado

Number of Years in Practice: Alexander Halpern has been practicing law for 33 years. Association Memberships: Colorado Bar Association, Asian Pacific American Bar Association

Number of Years in Practice: Lisa Battan has been practicing law for 14 years. Association Memberships: American Immigration Lawyers Association, Colorado Bar Association, Boulder County Bar Association Consumer Benefits: Reduced fee consultations, payment plans, credit cards accepted Non-Legal Organizations Involved With: Tango Colorado, Rocky Mountain Dressage Society

Personal Injury James R. Christoph

Personal Injury/Products Liability William R. Gray

McCormick & Christoph, P.C.

Purvis-Gray, LLP

1406 Pearl Street, Suite 200 Boulder, CO 80302 720-308-4534 www.lawyers.com/mccormickchristophpc christophlaw@qwestoffice.net

4410 Arapahoe Avenue, Suite 200 Boulder, CO 80303 303-442-3366 www.purvisgray.net bgray@purvisgray.net

Areas of Practice: Personal Injury, Civil Litigation, Criminal Defense, Mediation and Arbitration

Areas of Practice: Personal Injury, Products Liability and Professional Negligence

Education & Credentials: University of Colorado-Boulder School of Law, Martindale Hubbel AV rated, Colorado Super Lawyer 2007-2009

Education & Credentials: Bachelor of Arts degree from University of Colorado-Boulder, Juris Doctorate from University of Colorado-Boulder School of Law

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado, Federal Courts, United States Court of Appeals for the Tenth Circuit

Number of Years in Practice: James R. Christoph has been practicing law for 26 years. Association Memberships: Colorado Trial Lawyers Association (past president), Boulder County Bar Association (past president), Colorado Bar Association, International Society of Barristers Consumer Benefits: Personal and friendly service, and a strong advocate. Non-Legal Organizations Involved With: Boulder Road Runners, Trout Unlimited, Sierra Club 62

Immigration Lisa Battan

Number of Years in Practice: William R. Gray has been practicing law for 43 years. Association Memberships: Colorado Bar Association, American College of Trial Lawyers, International Society of Barristers, International Academy of Trial Lawyers, American Board of Trial Advocates Consumer Benefits: Free consultations, contingent fee agreements, firm will advance litigation costs Non-Legal Organizations Involved With: All volunteer work is for Supreme Court agencies or indigent persons needing legal assistance. 2009 Boulder County Attorneys


Personal Injury Gerald C. Sloat

Purvis-Gray, LLP

Sloat & Nicholson, PC

4410 Arapahoe Avenue, Suite 200 Boulder, CO 80303 303-442-3366 www.purvisgray.net jpurvis@purvisgray.net

1823 Folsom Street, Suite 100 Boulder, CO 80302 303-447-1144 www.sloatlaw.com gcs@sloatlaw.com

Areas of Practice: Catastrophic Injuries, Professional Negligence, Product Liability, Fires and Explosions, Personal Injury and Mass Torts

Areas of Practice: Auto and Truck Accidents, Motorcycle Accidents, Bicycle Accidents, Medical Malpractice, Wrongful Death, Insurance Disputes

Education & Credentials: Bachelor of Arts from Harvard University, Juris Doctorate from University of Colorado-Boulder School of Law

Education & Credentials: Undergrad at the University of Rochester, Juris Doctorate from Syracuse University College of Law

Admitted to Practice In: Colorado, United States District Court for Colorado, United States Court of Appeals for the Tenth Circuit

Admitted to Practice In: Colorado and New York

Association Memberships: American College of Trial Lawyers, International Academy of Trial Lawyers, International Society of Barristers, Colorado Bar Association, Boulder County Bar Association, American Board of Trial Advocates Consumer Benefits: Free initial consultations, contingent fees Non-Legal Organizations Involved With: Brain Trust

Number of Years in Practice: Gerald C. Sloat has been practicing law in the Boulder area for 38 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Trial Lawyers Association, American Bar Association, American Association for Justice Consumer Benefits: Free initial consultation, contingency fee available Non-Legal Organizations Involved With: Bicycle Colorado, Boulder Community Hospital

Real Estate Litigation Ronald D. Jung

Trial Attorney & General Practice Andrew Spiegel

Number of Years in Practice: John Purvis has practiced law for more than 25 years.

Jung & Associates, P.C.

Andrew Spiegel, P.C.

6630 Gunpark Drive, Suite 212 Boulder, CO 80301 303-581-7961 www.legalrealty.com ron@legalrealty.com

1113 Spruce Street Boulder, CO 80302 303-473-9103 andrewspiegelpc@qwest.net

Areas of Practice: Real Estate and Commercial Litigation Education & Credentials: Bachelor of Arts degree from Adams State College, Alamosa, Colo.; Juris Doctorate from Washburn University School of Law, Topeka, Kansas Admitted to Practice In: Colorado, United States District Court for the District of Colorado, United States Court of Appeals for the Tenth Circuit, United States Supreme Court Number of Years in Practice: Ronald D. Jung has been practicing law for 21 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Real Estate Section Member, Colorado Trial Lawyers Association Consumer Benefits: Free consultation up to one-half hour. Accept Visa and Mastercard.

2009 Boulder County Attorneys

Boulder

Personal Injury/Products Liability John A. Purvis

Areas of Practice: Civil Litigation including Trials and Appeals in State and Federal Courts; Mediation and Arbitration; Business and Consumer Representation; Real Estate and Commercial Transactions; Wills and Probate; Landlord and Tenant; Bankruptcy and Collections Education & Credentials: Associates Degree in forestry from Hocking College; Bachelor’s Degree in political science and Juris Doctorate from University of Cincinnati Admitted to Practice In: Colorado and Ohio (inactive) Number of Years in Practice: Andrew Spiegel has been practicing law for 20 years in Colorado. Association Memberships: Colorado Bar Association, Boulder County Bar Association Consumer Benefits: Ten minute free telephone consultations, reduced fee/sliding scale available, by the task representation and /pro se support (“unbundled services”) 63


Broomfield-Denver-Frederick-Hygiene

Estate Planning and Administration Brandon Culter

Immigration Law David A. Harston

Donelson Ciancio & Goodwin, P.C. 8001 Arista Place, Suite 400 Broomfield, CO 80021 303-450-1665 www.colo-law.com brandonculter@colo-law.com Areas of Practice: Estate Planning and Administration, Probate, Business Planning

Stern Elking Currary & Alterman 650 S. Cherry Street, Suite 900 Denver, CO 80246 303-692-0111 www.secaalaw.com david.harston@secalaw.com Areas of Practice: Immigration Law including Business, Family, Asylum and Deportation Defense

Education & Credentials: Bachelor of Arts degree from Colorado State University, Juris Doctorate from University of Tulsa

Education & Credentials: Masters degree in international studies and Juris Doctorate from the University of Denver

Admitted to Practice In: Colorado

Number of Years in Practice: David A. Harston has been practicing immigration law for 10 years. Association Memberships: American Immigration Lawyers Association, Colorado Bar Association, Boulder County Bar Association Consumer Benefits: Fluent in Spanish

Number of Years in Practice: Brandon Culter has been practicing law for 16 years. Association Memberships: Colorado Bar Association, Boulder County Bar Association, Rocky Mountain Estate Planning Council Consumer Benefits: Free estate planning consultation Non-Legal Organizations Involved With: Board member, of Rock Creek Homeowners Association, Leadership Denver Class of 2002-2003, Metro Denver Partners past board president

Family Law/Divorce Ellen M. Jenkins Ellen M. Jenkins, Attorney at Law P.O. Box 998 Frederick, CO 80530 303-500-5116 www.rossjenkinslaw.com ellen@rossjenkinslaw.com Areas of Practice: Family Law including Divorce, Guardianship, Child Support, Parenting Time and Alimony/Maintenance; Wills and Trusts Education & Credentials: Undergrad at Howard University, Juris Doctorate from Case Western Reserve Law School Admitted to Practice In: New York 1996, Colorado 2008 Association Memberships: Colorado Bar Association, Boulder County Bar Association, Weld County Bar Association Consumer Benefits: Free consultation. Committed to offering unparalleled personal service. Non-Legal Organizations Involved With: Carbon Valley Rotary

64

Admitted to Practice In: Colorado

Family Law Peter Rogers Peter Rogers, Lawyer 11891 N. 75th Street Hygiene, CO 80533 720-684-6182 peterogers45@mac.com Areas of Practice: Family Law including Adoption, Child Support, Dissolution of Marriage, Post-Decree Modification, Mediation, Arbitration, Parental Decision Making, Wills and Estates Education & Credentials: Bachelor of Arts degree from The Colorado College, Juris Doctorate from University of ColoradoBoulder School of Law, adjunct professor University of ColoradoBoulder School of Law from 1987 to 2002 Admitted to Practice In: Colorado Number of Years in Practice: Peter Rogers has been serving Boulder County and the Front Range since 1970. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Boulder County Bar Foundation Consumer Benefits: Offices in Boulder and Hygiene, Visa and Mastercard accepted. Non-Legal Organizations Involved With: Joyful Learning LLC, Colorado Public Radio, Farm Trust Development Group LLC 2009 Boulder County Attorneys


Kennedy & Kennedy, P.C. 308 E. Simpson Street Lafayette, CO 80026 303-604-1600 kandkatlaw.com ctk@kandkatlaw.com Areas of Practice: Bankruptcy including Consumer, Commercial and Real Estate; Litigation

Mediation Robin N. Amadei Common Ground Mediation Center, LLC 2536 Columbine Circle Lafayette, CO 80026 303-604-1960 www.commongroundmediation.com ramadei@aol.com Areas of Practice: Mediation of Employment, Family, Business and Real Estate Cases. Mediation Training and Facilitation.

Education & Credentials: Undergrad from University of Colorado-Boulder, Juris Doctorate from University of ColoradoBoulder Law School

Education & Credentials: Juris Doctorate, Mediator since 1990, Mediation trainer since 1994

Admitted to Practice In: Colorado

Number of Years in Practice: Robin N. Amadei has been a mediator for 19 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Council of Mediators, Association for Conflict Resolution. Consumer Benefits: Resolve disputes amiably and less expensively. Non-Legal Organizations Involved With: Adjunct Professor of Mediation & Negotiation at University of Denver. Visiting Program Manager and Executive Assessor and Coach for Western Management Development Center, Office of Personnel Management (federal government)

Number of Years in Practice: Cynthia T. Kennedy has been practicing for 27 years. Association Memberships: Colorado Bar Association, Boulder Bar Association, American Bankruptcy Institute Consumer Benefits: Low end flat fee bankruptcies Non-Legal Organizations Involved With: All Together Now International, Colorado Independent Publishers Association, Colorado Film and Video Association

Bankruptcy/Business/Tax Resolution Steven M. Dye, Esquire The Dye Law Firm, LLC 353 Main Street Longmont, CO 80501 303-678-7358 www.DyeLawFirm.com Steven@Dyelawfirm.com Areas of Practice: Business Law, Business Planning and Entity Formation, Estate and Trust Planning and Administration, Probate, Real Estate, Fiduciary and Personal Income Taxation, Estate and Gift Taxation, IRS Representation and Negotiation, Intellectual Property, Bankruptcy Education & Credentials: Bachelor of Arts in accounting from Colorado State University, Juris Doctorate from Texas Tech University School of Law Admitted to Practice In: Colorado Number of Years in Practice: Steven M. Dye, Esquire has been practicing law for 12 years. Association Memberships: Boulder County Bar Association, Colorado Bar Associations Consumer Benefits: $99 same day will service, $99 tax resolution assessment, one hour free consultation for any practice area. Non-Legal Organizations Involved With: Longmont Area Chamber of Commerce, Latino Chamber of Commerce 2009 Boulder County Attorneys

Lafayette-Longmont

Bankruptcy Law Cynthia T. Kennedy

Admitted to Practice In: Colorado

Business Law/Real Estate Anton V. Dworak Bernard Lyons Gaddis & Kahn, P.C. 515 Kimbark Street Longmont, CO 80501 303-776-9900 www.blglaw.com adworak@blglaw.com Areas of Practice: Business Law, Real Estate, Estate Planning and Probate Education & Credentials: Bachelor of Arts in Economics from Emory University; Juris Doctorate from University of Denver College of Law; Master of Laws, Taxation from University of Denver College of Law and Daniels School of Business Admitted to Practice In: Colorado Number of Years in Practice: Anton V. Dworak has been practicing law for 15 years Association Memberships: Boulder County Bar Association, Colorado Bar Association, Boulder County Estate Planning Council Consumer Benefits: Stable, long-standing Longmont firm with a variety of practice areas to ably serve its clients Non-Legal Organizations Involved With: Longmont Cemetery, Twin Peaks Rotary, Tiny Tim, Longmont Chamber 65


Longmont

Business/Corporations/Partnership Scott Oliver

Business Law John R. Mehaffy

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com soliver@spmlawyers.com Areas of Practice: Business Transactions and Formation, Contracts, Civil Litigation, Probate, Trusts and Estates

John R. Mehaffy Attorney at Law 811 Main Street P.O. Box 1177 Longmont, CO 80502 303-442-3375 jrmehaffy@gmail.com Areas of Practice: Business - Corporations, Partnerships and LLCs; Estate Planning including Wills and Trusts; Real Estate

Education & Credentials: Bachelor of Arts from Colorado State University, Master of Arts from Colorado State University, Juris Doctorate from University of Denver

Education & Credentials: Bachelor of Science in economics from Michigan State University, Juris Doctorate from University of Colorado-Boulder

Admitted to Practice In: Colorado

Number of Years in Practice: John R. Mehaffy has been practicing law throughout Colorado for more than 30 years. Association Memberships: Colorado Bar Association, Boulder County Bar Associations Non-Legal Organizations Involved With: OUR Center, Imagine Foundation, University of Colorado School of Music, Downtown Boulder Inc.

Number of Years in Practice: Scott Oliver has spent 17 years in risk management, and has been practicing law in Boulder County for three years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, American Bar Association Consumer Benefits: Flat fee for corporate formation Non-Legal Organizations Involved With: The Providence Foundation of Law and Leadership, Longmont Area Chamber of Commerce, Trout Unlimited

Business Litigation Richard A. Marsh

Criminal Law Jeffrey D. Larson

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com ramarsh@spmlawyers.com Areas of Practice: LLC/Corporate, Contracts, Creditor Remedies, Unfair Competition, Fraud, Non-Compete, Trade Secret. Federal, State, Bankruptcy Courts

Jeffrey D. Larson Attorney at Law 515 Kimbark Street, Suite 105 Longmont, CO 80501 303-776-4400 www.jdlarsonlaw.com office@jdlarsonlaw.com Areas of Practice: Statewide, all areas of Criminal Law, including DUI, Traffic, DMV, Misdemeanors, Felonies, Domestic Violence and Restraining Orders

Education & Credentials: Bachelor of Arts from Northwestern University; Juris Doctorate from IIT-Chicago Kent College of Law (cum laude). Peer Review Rated-Martindale Hubbell.

Education & Credentials: Bachelor of Arts degree from University of Colorado-Boulder, Juris Doctorate from University of Baltimore Law School

Admitted to Practice In: Colorado, Illinois, Colorado federal

Admitted to Practice In: Colorado

Number of Years in Practice: Richard A. Marsh has been practicing law for 29 years, 11 years in Boulder County.

Number of Years in Practice: Jeffrey D. Larson has been practicing law for 31 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Criminal Defense Consumer Benefits: Free phone consultation Non-Legal Organizations Involved With: Longmont Chamber of Commerce

Association Memberships: American, Colorado, Boulder County Bar Associations, Colorado Trial Lawyers Association, POETS. Consumer Benefits: Mention code LTC103 for 20 percent discount from published fee on first engagement. Non-Legal Organizations Involved With: General Counsel for Rocky Mountain Conference of United Methodist Church. Boards: YMCA, Chambers of Commerce, Twin Peaks Rotary. 66

2009 Boulder County Attorneys


Elder Law/Estate Planning Daniel P. Kapsak

Stephan A. Wall, LLC

Kapsak Law Firm, LLC

410 Main Street Longmont, CO 80501 303-772-7232 walllaw.com walllaw@comcast.net

1610 Hover Street, Suite 203 Longmont, CO 80501 303-651-9330 www.kapsaklaw.com dkapsak@kapsaklaw.com

Areas of Practice: Criminal Law, DUI, Felonies and Misdemeanors, Family Law, Divorce and Post Divorce, Business Law

Areas of Practice: Elder Law, Estate Planning, Estate and Trust Administration, Disability Planning, Guardianships and Conservationships

Education & Credentials: Bachelor of Science from University of Florida, Juris Doctorate from University of Miami

Education & Credentials: Bachelor of Arts at St. Josephâ&#x20AC;&#x2122;s College, STB and MDiv at Loyola University, Juris Doctorate from Creighton University

Admitted to Practice In: Colorado, Florida Number of Years in Practice: Stephan Wall has been practicing law for 16 years in Colorado. Association Memberships: Colorado Bar Association, Boulder County Bar Association Consumer Benefits: Free initial consultation, convenient hours, Visa/Mastercard accepted

Estate Planning/Wills/Probate Marc Carlson

Admitted to Practice In: Nebraska, 1987; Colorado, 1992 Number of Years in Practice: Daniel P. Kapsak has been practicing law for 22 years. Association Memberships: Nebraska and Colorado State Bar Associations; NAELA; Colorado Healthcare Ethics Forum; Longmont United Hospital Ethics Committee; Boulder County Adult Protective Services Review Team; American Society of Law, Medicine and Ethics Consumer Benefits: Free initial consultation available Non-Legal Organizations Involved With: Longmont Rotary, Childrenâ&#x20AC;&#x2122;s Hospital

Estate Planning Justin Dituri

Hopp & Associates, PC

Dituri Law Offices, P.C.

1002 17th Avenue Longmont, CO 80501 303-776-4045 mcarlson@hopplaw.org carlsonesq@gmail.com

541 Main Street Longmont, CO 80501 303-774-1976 www.estateplansthatwork.com

Areas of Practice: Wills, Trusts and Estate Planning; Probate and Estate Administration; Gift and Estate Tax Planning; LLC and Corporation Setup; Asset Protection; Special Needs Planning

Areas of Practice: Estate Planning, Elder Law, Estate Settlement, Asset Protection, Business Formation, Charitable Planning

Education & Credentials: University of Colorado-Boulder Law School

Education & Credentials: Undergraduate in math and economics, graduate degree in industrial engineering, Juris Doctorate from University of Denver Law School

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado

Number of Years in Practice: Marc Carlson has practiced law for 36 years. Association Memberships: Boulder County Bar Association and Colorado Bar Association Consumer Benefits: Consumers can receive a one-hour free consultation. Non-Legal Organizations Involved With: LifeBridge Christian Church, Wealth Counsel, volunteer for Longmont Humane Society

Number of Years in Practice: Justin Dituri has been practicing law for 17 years, emphasizing estate planning since 1995. Association Memberships: National Network of Estate Planning Attorneys, Colorado Bar Association, Trusts and Estates section Consumer Benefits: No obligation initial briefing (two to three hours) on how to do an estate plan that works for your family. Non-Legal Organizations Involved With: Board member of Spirit of Being Human Foundation, Golok Blue Valley Foundation, which supports schools and medical facilities in Tibet, Volunteer Centura Home Health and Hospice Ethics Committee

2009 Boulder County Attorneys

Longmont

Criminal Law Stephan A. Wall

67


Longmont

Estate Planning Jessica J. Garrity

Areas of Practice: Estate Planning including Wills, Trusts and Powers of Attorney

John R. Mehaffy Attorney at Law 811 Main Street P.O. Box 1177 Longmont, CO 80502 303-442-3375 jrmehaffy@gmail.com Areas of Practice: Estate Planning including Wills and Trusts; Real Estate; Business - Corporations, Partnerships and LLCs

Education & Credentials: Bachelor of Arts degree in sociology from University of Colorado-Boulder, Juris Doctorate from University of Denver College of Law

Education & Credentials: Bachelor of Science in economics from Michigan State University, Juris Doctorate from University of Colorado-Boulder

Admitted to Practice In: Colorado Number of Years in Practice: Jessica J. Garrity is a former Jefferson County Deputy District Attorney from 2001 to 2007. Her private practice since then has focused on estate planning. Consumer Benefits: Free initial consultation, flat fee pricing, evening and weekend appointments offered

Number of Years in Practice: John R. Mehaffy has been practicing law throughout Colorado for more than 30 years. Association Memberships: Colorado Bar Association, Boulder County Bar Associations Non-Legal Organizations Involved With: OUR Center, Imagine Foundation, University of Colorado School of Music, Downtown Boulder Inc.

Estate Planning Rick Samson

Estate Planning and Administration David N. Sonnesyn

Jessica J. Garrity, Attorney at Law Longmont, CO 303-875-7051 www.coloradoflatfeewills.com jess@coloradoflatfeewills.com

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com res@spmlawyers.com Areas of Practice: Municipal Law including Land Use and Subdivisions; Civil Litigation; Social Security Disability; Probate and Estate Planning Education & Credentials: Bachelor of Arts from Bethany College in Lindsborg, Kansas; Juris Doctorate from Washburn University in Topeka, Kansas Admitted to Practice In: Kansas, Colorado, U.S. District Courts for Kansas and Colorado; United States Court of Appeals for the Tenth Circuit Number of Years in Practice: Rick Samson has been practicing law for 27 years. Association Memberships: American, Colorado and Boulder County Bar Associations; Boulder County Bar Foundation; Boulder County Legal Aid Society; Colorado Municipal League Non-Legal Organizations Involved With: Partners of Boulder County Inc.; Board of Directors for Longmont Area Chamber of Commerce 68

Estate Planning John R. Mehaffy

The Sonnesyn Law Firm 655 Fourth Avenue, Suite B Longmont, CO 80501 303-776-5077 Martindale.com sonnesyn@qwestoffice.net Areas of Practice: Estate Planning and Administration, Real Estate, Water Law Education & Credentials: Bachelor of Arts and Juris Doctorate from the University of Colorado-Boulder; Storke Scholar; Martindale Hubbell AV peer reviewed (highest rating, awarded to approximately 5 percent of attorneys) Admitted to Practice In: Colorado Number of Years in Practice: David N. Sonnesyn has been practicing law for 44 years. Association Memberships: Colorado Bar Association (Board of Governors from 1973 to 1975), Christian Legal Society Non-Legal Organizations Involved With: LifeBridge Christian Church, teacher of apologetics, Christian financial principles and Precept Ministries International Bible studies; Sertoma Club of Longmont

2009 Boulder County Attorneys


Shea L. Burchill, P.C. 231 Coffman Street Longmont, CO 80501 720-494-0861 burchillfamilylaw.com sheaburchill@msn.com Areas of Practice: Family Law including Divorce, Custody, Modifications, Child Support, Legal Separations, Protection Orders and Paternity. Criminal Law including DUI and Domestic Violence Education & Credentials: Bachelor of Arts from University of Colorado-Boulder; Juris Doctorate from University of Wyoming Admitted to Practice In: Colorado Number of Years in Practice: Shea L. Burchill has been practicing law for nine years. Association Memberships: Boulder County Bar Association, Colorado Bar Association

Family Law/Mediation/Evictions James A. Lionberger Law Office of James A. Lionberger

Longmont

Family Law/Criminal Law Shea L. Burchill

2907 17th Street, Suite B Longmont, CO 80501 303-776-8888 jim@lionbergerlaw.com Areas of Practice: Divorce, Paternity, Modification of Prior Orders; Serving as a Mediator in Divorce and all Legal Matters; Evictions Education & Credentials: Bachelor of Arts and Juris Doctorate at University of Missouri. Clerked for Missouri Supreme Court after completion of law school. Admitted to Practice In: Colorado and Missouri Number of Years in Practice: James A. Lionberger has been practicing law for 27 years, and has been serving as a mediator for 17 years. Association Memberships: Colorado Bar Association, Boulder County Bar Association Consumer Benefits: In-office initial consultation only $60 Non-Legal Organizations Involved With: St. Vrain Family Servicesâ&#x20AC;&#x2122; SAFE Services Consulting Committee

Family Law Stephan A. Wall Stephan A. Wall, LLC

General Civil/Trial Practice John W. Gaddis, Sr.

Areas of Practice: Family Law including Divorce and Post Divorce, Child Custody, Criminal Law, DUI, Felonies and Misdemeanors, Business Law

Bernard Lyons Gaddis & Kahn, P.C. 515 Kimbark Street Longmont, CO 80501 303-776-9900 www.blglaw.com jgaddis@blglaw.com Areas of Practice: Divorce, Business Transactions, Estate Planning and Probate, Real Estate, Farm and Ranches, Trials, Personal Injury, Problem Solving

Education & Credentials: Bachelor of Science from University of Florida, Juris Doctorate from University of Miami

Education & Credentials: Juris Doctorate from University of Colorado-Boulder

Admitted to Practice In: Colorado, Florida

Admitted to Practice In: Colorado, United States District Court for Colorado, United States Court of Appeals for the Tenth Circuit

410 Main Street Longmont, CO 80501 303-772-7232 walllaw.com walllaw@comcast.net

Number of Years in Practice: Stephan Wall has been practicing law for 16 years in Colorado. Association Memberships: Colorado Bar Association, Boulder County Bar Association Consumer Benefits: Free initial consultation, convenient hours, Visa/Mastercard accepted

2009 Boulder County Attorneys

Number of Years in Practice: John W. Gaddis has been practicing law in Boulder County for 34 years Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Trial Lawyer Association Consumer Benefits: John will conduct an initial phone conference free of charge Non-Legal Organizations Involved With: Longmont Community Foundation and John provides services for numerous churches and non-profit organizations 69


Longmont

Injury Law/Employment/SSDI Tessa Alexander Alexander Law Office 627 Kimbark Street Longmont, CO 80501 303-684-8300 www.tessaalexanderlawoffice.com teatome@netzero.net Areas of Practice: Personal Injury, Workers’ Compensation, Employment Discrimination (Sexual Harassment, Race, Color, Disability, Gender, Religion, Wrongful Discharge and Age), Social Security Disability

Bernard Lyons Gaddis & Kahn, P.C. 515 Kimbark Street Longmont, CO 80501 303-776-9900 www.blglaw.com areester@blglaw.com Areas of Practice: Liquor Licensing, Education Law, Special District Law, Employment Law, Contracts and Litigation

Education & Credentials: Undergraduate at the University of Colorado-Denver, Juris Doctorate from University of Denver Law School

Education & Credentials: Bachelor of Arts from State University of New York at Binghamton, with high honors; Juris Doctorate from Washington College of Law at the American University, with high honors; Phi Betta Kappa; Golden Key National Honor Society

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado

Number of Years in Practice: Tessa Alexander has been practicing law for 14 years. Association Memberships: Workers’ Compensation Education Association, Plaintiff Employment Law Association, Social Security Lawyers Association Consumer Benefits: Receive a one-hour free consultation. Non-Legal Organizations Involved With: Board member of The Inn Between in Longmont

Number of Years in Practice: Adele Reester has been practicing law for 12 years Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Association of School Boards Non-Legal Organizations Involved With: Girl Scouts of Colorado; Colorado Women’s Golf Association; Lake Hollow Home Owners Association; Messiah Lutheran School

Patents/Trademarks Rick Martin

Personal Injury Bradley A. Hall

Patent Law Offices of Rick Martin, P.C. 385 Main Street, Suite 200 Longmont, CO 80501 303-651-2177 www.patentcolorado.com rmartin@patentcolorado.com Areas of Practice: Patents, Trademarks, Copyrights, Civil Litigation

Bernard Lyons Gaddis & Kahn, P.C. 515 Kimbark Street Longmont, CO 80501 303-776-9900 www.blglaw.com bhall@blglaw.com Areas of Practice: Personal Injury including Auto, Truck and Motorcycle accidents; Premises Liability – Slip and Fall; Wrongful Death; Workers’ Compensation; Social Security Disability

Education & Credentials: Bachelor of Science degree in physics from Bucknell University, Juris Doctorate from Nova Law School Admitted to Practice In: United State Patent and Trademark Office, Colorado and Florida Number of Years in Practice: Rick Martin has been practicing law for 20 years. Association Memberships: Rockies Venture Club, Rocky Mountain Inventors Association, Boulder County Bar Association, Colorado Bar Association Consumer Benefits: Entrepreneurs will receive a free 10-minute consultation Non-Legal Organizations Involved With: Longmont Rotary, volunteer work with Alpine Angelfish synchronized swimmers

70

Liquor Licensing Adele Reester

Education & Credentials: Juris Doctorate from University of Nebraska with highest honors Admitted to Practice In: Colorado, United States District Court for Colorado Number of Years in Practice: Bradley A. Hall has been practicing law for 18 years in Colorado Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Trial Lawyer Association Consumer Benefits: Initial consultation without charge; contingent fees available Non-Legal Organizations Involved With: Former board member and president of Ed & Ruth Lehman YMCA 2009 Boulder County Attorneys


Personal Injury Edward Smith

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com mpipis@spmlawyers.com Areas of Practice: Personal Injury; Auto, Truck, Motorcycle and Pedestrian accidents; Uninsured Motorists; Neck, Shoulder, Traumatic Brain and Other Serious Injuries; Wrongful Death Claims; Workers’ Compensation and Social Security Disability Claims

The Law Offices of Edward Smith 825 Delaware Avenue, Suite 201 Longmont, CO 80501 303-682-2944 edsmithlaw.com edsmithlaw@hotmail.com Areas of Practice: Personal Injury including Motor Vehicle Accidents, Motorcycle, Bicycle, Pedestrian Accidents, Workers’ Compensation, Slip and Fall Accidents

Education & Credentials: Bachelor of Arts from University of Michigan, Juris Doctorate from University of Toledo College of Law

Education & Credentials: Undergrad at the University of Colorado-Boulder, Juris Doctorate from University of Denver College of Law

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado

Number of Years in Practice: Michael J. Pipis has been practicing law for 32 years. Association Memberships: American, Colorado and Boulder County Bar Associations; American and Colorado Trial Lawyers Associations; Workers’ Compensation Education Association Consumer Benefits: Free one-hour consultation, code LTC102. Non-Legal Organizations Involved With: Twin Peaks Rotary, Colorado Mountain Club, St. Stephen’s Episcopal Church, Board of Directors for Hover Manor, Tiny Tim Center and Family Extension

Number of Years in Practice: Edward Smith has been practicing law for 17 years. Association Memberships: Colorado Bar Association, Boulder County Bar Association, Colorado Trial Lawyers Association Consumer Benefits: Former insurance company attorney

Real Estate/Criminal Law Diane Goldenstein

Real Estate Richard A. Marsh

Diane Goldenstein, P.C. 500 Coffman Street, Suite 106 Longmont, CO 80501 303-684-8188 golde@svvi.net Areas of Practice: Real Estate, Criminal Law, DUI, Small Business, Liquor Licensing Education & Credentials: Bachelor of Arts in International Affairs from the University of Colorado-Boulder, Colorado Law Enforcement Training Academy, Juris Doctorate from University of Colorado Law School Admitted to Practice In: Colorado, United States Court of Appeals for the Tenth Circuit Number of Years in Practice: Diane Goldenstein has been practicing law for 23 years in the Longmont area. Association Memberships: Colorado Bar Association Non-Legal Organizations Involved With: Inn Between Board of Directors, Longmont Artist Guild, Twin Peaks Rotary Board of Directors

2009 Boulder County Attorneys

Longmont

Personal Injury Michael J. Pipis

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com ramarsh@spmlawyers.com Areas of Practice: Commercial and Residential, including Contracts, Landlord/Tenant, Workout, Title Insurance, Land Use, Condemnation. Litigation in State, Federal, Bankruptcy Courts. Education & Credentials: Bachelor of Arts from Northwestern University; Juris Doctorate from IIT-Chicago Kent College of Law (cum laude). Peer Review Rated-Martindale Hubbell. Admitted to Practice In: Colorado, Illinois, Colorado federal Number of Years in Practice: Richard A. Marsh has been practicing law for 29 years, 11 years in Boulder County. Association Memberships: American, Colorado, Boulder County Bar Associations, Colorado Trial Lawyers Association, POETS. Consumer Benefits: Mention code LTC103 for 20 percent discount from published fee on first engagement. Non-Legal Organizations Involved With: General Counsel for Rocky Mountain Conference of United Methodist Church. Boards: YMCA, Chambers of Commerce, Twin Peaks Rotary. 71


Longmont

Real Estate John R. Mehaffy

Real Estate Cyril R. Vidergar

John R. Mehaffy Attorney at Law 811 Main Street P.O. Box 1177 Longmont, CO 80502 303-442-3375 jrmehaffy@gmail.com Areas of Practice: Real Estate; Estate Planning including Wills and Trusts; Business - Corporations, Partnerships and LLCs

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com cvidergar@spmlawyers.com Areas of Practice: Land Use/Zoning, Real Estate, Property Tax, Landlord/Tenant, HOAs, Probate/Trusts and Estates, Beer Law, TM/Copyrights, Collections, Municipal, Special Districts

Education & Credentials: Bachelor of Science in economics from Michigan State University, Juris Doctorate from University of Colorado-Boulder Number of Years in Practice: John R. Mehaffy has been practicing law throughout Colorado for more than 30 years. Association Memberships: Colorado Bar Association, Boulder County Bar Associations Non-Legal Organizations Involved With: OUR Center, Imagine Foundation, University of Colorado School of Music, Downtown Boulder Inc.

Education & Credentials: Bachelor of Arts from University of San Diego, Juris Doctorate from Santa Clara University School of Law Admitted to Practice In: Colorado Number of Years in Practice: Cyril R. Vidergar has been practicing law for five years. Association Memberships: Boulder and Douglas/Elbert County Bar Associations, Colorado and American Bar Associations Consumer Benefits: Consumers can receive 1-hour free consultation with code LTC105 Non-Legal Organizations Involved With: Member of Longmont Area Chamber of Commerce and Left Hand Brewery Homebrew Club, Advisor for Longmont Entrepreneurial Network

Social Security Rick Samson

Workers’ Compensation Michael J. Pipis

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com res@spmlawyers.com Areas of Practice: Municipal Law including Land Use and Subdivisions; Civil Litigation; Social Security Disability; Probate and Estate Planning

Samson, Pipis & Marsh, LLC 255 Weaver Park Road, Suite 200 P.O. Box 1079 Longmont, CO 80502 303-776-8499 www.spmlawyers.com mpipis@spmlawyers.com Areas of Practice: Workers’ Compensation; Serious on the job Injuries including Neck, Back, Shoulder, Traumatic Brain and Other Serious Injuries; Wrongful Death Claims; Uninsured Employer Claims; Auto and Social Security Disability Claims

Education & Credentials: Bachelor of Arts from Bethany College in Lindsborg, Kansas; Juris Doctorate from Washburn University in Topeka, Kansas Admitted to Practice In: Kansas, Colorado, U.S. District Courts for Kansas and Colorado; United States Court of Appeals for the Tenth Circuit Number of Years in Practice: Rick Samson has been practicing law for 27 years. Association Memberships: American, Colorado and Boulder County Bar Associations; Boulder County Bar Foundation; Boulder County Legal Aid Society; Colorado Municipal League Non-Legal Organizations Involved With: Partners of Boulder County Inc.; Board of Directors for Longmont Area Chamber of Commerce 72

Education & Credentials: Bachelor of Arts from University of Michigan, Juris Doctorate from University of Toledo College of Law Admitted to Practice In: Colorado Number of Years in Practice: Michael J. Pipis has been practicing law for 32 years. Association Memberships: American, Colorado and Boulder County Bar Associations; American and Colorado Trial Lawyers Associations; Workers’ Compensation Education Association Consumer Benefits: Free one-hour consultation, code LTC102. Non-Legal Organizations Involved With: Twin Peaks Rotary, Colorado Mountain Club, St. Stephen’s Episcopal Church, Board of Directors for Hover Manor, Tiny Tim Center and Family Extension 2009 Boulder County Attorneys


Mediation/Arbitration Martha L. Ridgway

Tienken & Hill, LLP

Martha L. Ridgway, P.C.

801 Main Street, Suite 120 Louisville, CO 80027 303-673-9373 www.tienkenhill.com jctienken@tienkenhill.com

357 S. McCaslin Boulevard, Suite 200 Louisville, CO 80027 303-827-2474 www.MarthaRidgwayLaw.com mridgway@MarthaRidgwayLaw.com

Areas of Practice: Civil Litigation, Commercial Litigation, Aviation Law, Business Formation, Personal Injury, Real Estate Education & Credentials: Undergrad at South Dakota State University, Juris Doctorate from University of Colorado-Boulder Law School

Areas of Practice: Inter-Generational Facilitation and Mediation; Expert Witness in Elder and Probate Law; Guardian Ad Litem for Impaired Adults Education & Credentials: Undergrad at Washburn University, Juris Doctorate from University of Kansas School of Law

Admitted to Practice In: Colorado state and federal courts

Admitted to Practice In: Colorado, 1988; Kansas, 1981

Number of Years in Practice: Jim Tienken has been practicing law in the Boulder-Louisville-Denver area for more than 28 years. Association Memberships: Boulder County Bar Association, Colorado Bar Association Consumer Benefits: Free initial consultation

Number of Years in Practice: Martha L. Ridgway has been practicing law for 28 years; 20 in the Boulder area. Association Memberships: Colorado Bar Association, CBA Elder Law Committee, Boulder County Bar Association, National Academy of Elder Law Attorneys Inc. Consumer Benefits: Complimentary 15-minute phone consultation Non-Legal Organizations Involved With: Provide pro bono services through Boulder County Legal Services; politically active; educating and speaking to senior groups; former member of several non-profit agencies serving seniors.

Non-Legal Organizations Involved With: Volunteer work as director of Louisville Downtown Business Association, legal advisor for The Louisville Preschool

Personal Injury/Family Law Sherri A. Murgallis Murgallis Law Firm, LLC 945 Front Street Louisville, CO 80027 303-444-4353 www.murgallislaw.com smurgallis@murgallislaw.com Areas of Practice: Personal Injury, Divorce, Family Law, Child Custody, Child Support, Criminal, DUI, Traffic, DMV Education & Credentials: Bachelor of Arts in philosophy from St. Thomas University (summa cum laude), St. Paul, Minn., Juris Doctorate from University of Denver Law School

Criminal/Personal Injury/Domestic Richard N. Carlson Warren, Carlson & Moore, LLP 6964 N. 79th Street, Suite 3 Niwot, CO 80544 303-652-2433 www.niwotlaw.com rnc@niwotlaw.com Areas of Practice: Criminal, Personal Injury, Family Law including Dissolution of Marriage, Juvenile, Child Support, Modification Education & Credentials: Bachelor of Arts degree from Luther College, Juris Doctorate from University of Iowa Law School

Admitted to Practice In: Colorado

Admitted to Practice In: Colorado, Iowa (inactive)

Number of Years in Practice: Sherri A. Murgallis has been practicing law for eight years.

Number of Years in Practice: Richard N. Carlson has practiced law for 35 years, the last 22 of which have been in Colorado Association Memberships: Boulder County Bar Association, Colorado Bar Association

Association Memberships: Colorado Trial Lawyers Association, Colorado Bar Association, Family Law Section, Colorado Criminal Defense Bar, Colorado Lesbian and Gay Bar Association

Louisville-Niwot

Civil Litigation/Personal Injury Jim Tienken

Consumer Benefits: Free consultation Non-Legal Organizations Involved With: International Martial Arts Association 2009 Boulder County Attorneys

73


Niwot-Westminster

Estate Planning/Real Estate/Business Thomas J. Moore

Estate Planning Bruce W. “Biff” Warren

Warren, Carlson & Moore, LLP 6964 N. 79th Street, Suite 3 Niwot, CO 80544 303-652-2433 www.niwotlaw.com tmoore@niwotlaw.com Areas of Practice: Estate Planning including Probate, Wills and Trusts; Real Estate; Contracts and Review; Business; Formation and Contracts

Warren, Carlson & Moore, LLP 6964 N. 79th Street, Suite 3 Niwot, CO 80544 303-652-2433 www.niwotlaw.com bwarren@niwotlaw.com Areas of Practice: Estate Planning including Wills, Trusts, Estates, Probate, Power of Attorneys, Living Wills; Elder Law; Real Estate; Business; Family Law

Education & Credentials: Bachelor of Arts degree from Arizona State University, Juris Doctorate from Willamette University College of Law

Education & Credentials: Bachelor of Arts degree from the University of Nebraska, Juris Doctorate from University of Nebraska Law School

Admitted to Practice In: Colorado, District Court for Colorado

Admitted to Practice In: Colorado, Nebraska (inactive)

Number of Years in Practice: Thomas J. Moore has been practicing law for 15 years. Association Memberships: Boulder County Bar Association Non-Legal Organizations Involved With: Meals on Wheels of Boulder, Niwot Youth Sports, Homestead Homeowners Association

Number of Years in Practice: 34 years in Colorado Association Memberships: Boulder County Bar Association, Colorado Bar Association Consumer Benefits: We meet clients out of the office when necessary. Our estate planning fees are very affordable. Non-Legal Organizations Involved With: Niwot Business Local Improvement District Advisory Committee, Niwot Cultural Arts Association, Niwot Business Association, Niwot Baseball, Left Hand Valley Courier, Niwot Community Band

Intellectual Property Sara A. Gossman A Law Firm, P.C. 8753 Yates Drive, Suite 215 Westminster, CO 80031 303-301-2650 www.alawfirmpc.com sara@alawfirmpc.com Areas of Practice: Patents, Copyrights, Trademarks, Intellectual Property Litigation Education & Credentials: Undergrad at Southwest Minnesota State University, Juris Doctorate from University of Nebraska College of Law Admitted to Practice In: Colorado, U.S. Patent Bar, U.S. District Court for the District of Colorado Number of Years in Practice: Sara A. Gossman has been practicing intellectual property law in Colorado for five years. Association Memberships: Boulder County Bar Association, Colorado Bar Association, Colorado Women’s Bar Association Consumer Benefits: Consumers can receive a free 10-minute telephone consultation. Non-Legal Organizations Involved With: Volunteer for the We the People program

74

2009 Boulder County Attorneys


Patent Law Offices of Rick Martin, P.C. 385 Main St., Suite 200 Longmont, CO 80501 www.patentcolorado.com

A SMALL PATENT LAW FIRM WITH AN INTERNATIONAL REPUTATION

NO PATENT LEFT BEHIND Provisional Patent/Applications from $1500 Utility Patent/Applications from $4500 to $5000 max. (plus costs)

(plus costs)

Trademark Filing $275 (plus costs) Licensing/Litigation from $200/hour

Representative U.S. Patents Among Over 500 Patents 7011171 6313436 5911884 6684948 6653494 6531430 5867379 5483161

Reconnaissance robot patent formed basis for company takeover by large firm. Thermark attracted millions in venture financing for marking systems. Avante Water & Ice protects its water purifier systems. IEP attracted millions in investment for leading edge shale/oil processing. Rick is also an inventor of a ski binding. Agro Management crankcase oil made from vegetable oil. University of Colorado Electronics. Spy Stuff. Go to Google advanced patent search and key in Rick Martin

We're a small firm, specializing in intellectual property law. We serve business clients and independent inventors located throughout the United States as well as clients based in Europe and the Far East. Our attorneys and technical specialists have backgrounds and degrees in a variety of technical disciplines including electrical engineering, computer science, physics and chemistry.

FREE CONSULTATION

303-651-2177

Rick Martin

Bennett Sigmond

Rick authored

â&#x20AC;&#x153;Democrat Justiceâ&#x20AC;?

www.authorhouse.com


THE CLARK LAW FIRM We help you get your hope back

CRIMINAL, DUI AND MOTOR VEHICLE DEFENSE – ALL CHARGES We provide over twenty years experience in the criminal law; expert criminal defense; over two thousand cases negotiated and well over a hundred criminal trials performed in two decades of service. We also provide deep insight into the thinking and processes of law enforcement with Mr. Clark’s status as a former top prosecutor and former member of the Colorado State District Attorney’s Council Governing Board where he served with the elected Colorado District Attorneys, members of the Governor’s Office, members of the Attorney General’s Office and other high ranking government officials. Call for a free consultation and see how we can bring the law to your side.

Criminal law isn't just a practice area, it is our expertise. THE CLARK LAW FIRM 2969 Baseline Road, 2nd Floor Boulder, CO 80303

303.444.4251 303.870.4900 www.philclarklaw.com

PHIL CLARK

2009 Boulder County Legal Professionals  

A guide legal issues and legal PROFESSIONALS IN BOULDER COUNTY and Northern Colorado

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