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Learn during this informative CLE the techniques for identifying and navigating those with atypical personalities in the context of family law matters.
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Is Minnesota’s current youth justice system meeting its statutory intent? At its core, is it meeting the needs of youth, our community, or broader conceptions of “public safety”? If not, what can be done? Join restorative practitioners for a conversation about transformative justice and the current work happening to reimagine Minnesota’s youth justice system and apply frameworks of transformative justice to interactions with youth.
Join the leaders of the Child Support Magistrate Program as they discuss the basics and complexities of Parentage cases in Minnesota. Attendees will learn about what is required in a parentage order, competing presumptions, issues related to the Recognition of Parentage, cases that have involvement in both family court with a parentage case and juvenile court with a child protection case, and some interesting stories from their years of experience working with cases as both attorneys and judicial officers. There will be time for questions.
The Administrative Process was deemed Unconstitutional in 1999 and the Expedited Process (Ex Pro) was born. With this change to a judicial process to establish and enforce child support came new Court Rules and Child Support Magistrates (CSMs). Come learn about the Ex Pro Rules, what to expect from CSMs, and our observations of best practices from two Child Support Magistrates who have been involved in this process from the beginning.
A CLE collaboration and presented by Lawyers Concerned for Lawyers (LCL)
An introduction to the trauma-informed lawyering framework which will help legal professionals identify and acknowledge trauma and triggers in their lives. This session will increase our awareness of the impacts trauma has on the legal profession as a whole, and on each of us personally and professionally. Attendees will walk away with strategies for self-reflection, self-regulation, self-critique, and self-awareness which could improve their personal and professional relationships.
On June 13, 2022 Governor Walz signed a bill establishing a juvenile guardianship process for at-risk youth ages 18-21. Before, the state of Minnesota only had a process in place for youth under the age of 18. This new law created an avenue for immigrant youth 18-21 years old attempting to gain immigration protection under Special Immigrant Juvenile Status.
The objective of this program is to educate attorneys in Minnesota to identify and eliminate biases against formerly incarcerated clients, who are disproportionately Native, Black, and poor. We will familiarize attorneys with incarceration and post-release issues in Minnesota, encourage attorneys to actively inspect their own and others’ biases, and provide practical training on how to address and eliminate these biases through a better and deeper understanding of the reentry experience.
The Thirteenth Annual Children and the Law Summit.
Co-sponsored by the Children and the Law Section and Criminal Law Section.
Under Minnesota law, children as young as 10 years old can be required to register as predatory offenders. In 2021, the Minnesota Legislature enacted the creation of the Predatory Offender Statutory Framework Working Group to comprehensively assess the predatory offender statutory framework” in Minn. Stat. § 243.166. The working group submitted its report to the Legislature on February 1, 2022, and there has been press coverage regarding that report.
During the 2022 legislative session, more than 130 bills addressing rights of transgender youth, their parents, and their communities were brought forward at state legislatures across the country. With few exceptions, these efforts were intended to limit young people’s access to medical care; to ban their participation on gender-congruent sports teams and in gender-congruent public spaces; to limit their cultural acceptance within their educational communities; and more.
Young humans who identify as transgender or nonbinary have become far more visible, which is reflective of greater parental and societal acceptance. Still, of the letters in the “LGBTQ+ alphabet” (lesbian, gay, bisexual, transgender, questioning/queer), it’s the “Ts” (transgender and nonbinary humans), especially those who are younger, who more often face unique challenges relative to personal relationships, public interactions, and many other things that non-transgender persons (the technical phrase is “cisgender”) take for granted.
A panel of young people will speak on their experiences as transgender or non-binary. These young people have also experienced the foster care system.
The last few years have disrupted lawyers’ professional and personal lives. Attorneys may feel like their lives seem out of control, yet they are not alone in feeling the effects of a pandemic, economic downturn, or political divisiveness. Clients are affected too. Attorneys must manage their own emotions while simultaneously being sensitive and responsive to their clients. This program will identify normal feelings, reactions, and behaviors, and recognize when they are cause for concern. For some clients, reactions may rise to the level of impairment. Impairment comes in many forms, including substance use, addiction, or other mental impairments. It is not a lawyer’s job to diagnose, yet a lawyer must act accordingly.
The purpose of the seminar is to review basic Medical Assistance rules under current laws including assets, income and transfers.
This Elder Law 101 series seminar will focus on recognizing and proactively planning for Elder Law issues that often arise as Estate Planning clients age. During the course of the presentation, we will discuss the following important considerations:• How to prepare clients for probate avoidance;• Preparation of legal documents to provide incapacity planning assistance;• Introduction to Minnesota’s Medical Assistance Program; and• Overview of proactive and crisis planning strategies to protect assets against long-term-care costs.
This annual CLE focuses on current and emerging issues related to long-term care, particularly in the assisted living and nursing home settings, that are of interest to Elder Law attorneys and related professionals as well as the clients they serve.
Estate recovery under Medical Assistance involves more than just the nursing home context. This session will review two pending cases involving Estate Recovery litigation in the home and community-based services setting. Each presenter will walk through the procedural posture of their current matter, the issues that are in dispute, the legal support for the elder law client’s position, as well as “best practice” tips for elder law attorneys handling estate recovery cases.
The IRS is an extremely powerful and effective debt collector. If your client owes the IRS taxes from joint returns filed with their ex-spouse, simply allocating the debts to the ex-spouse in the divorce decree, by itself, will not protect your client from IRS collection efforts related to the debts, including filing of federal tax liens and levies against wages, bank accounts, retirement accounts, or home foreclosure action.
The purpose of this training session is to help attorneys better understand the patterns and complexities of cases involving resist/refuse (RR) dynamics and parental alienating behaviors (PABs). This one-hour will cover various approaches to assessing the severity of the resistance, why resistance builds, and why it can be so intractable. Specific risk factors for resist/refuse dynamics will be covered so that attorneys can better identify the likelihood of resistance and PABs in their clients.
The presentation examines the intergenerational trauma of federal American Indian policies that led to the Indian Child Welfare Act (ICWA). It also explores current policies and practices that impact Indian child welfare and their influence on the relational experience with the American Indian children and families we serve. We will hear perspectives from practitioners and the bench that illustrate the nuances of policy and practice.
Effective July 1, 2005, the State of Minnesota passed a Statute which stated that all irrevocable trusts will be deemed revocable when a person applies for Medical Assistance (originally codified as Minn. Stat. § 501B.895 and recodified as § 501C.1206 with the adoption of the Uniform Trust Code in 2016). This effectively eliminated the ability, in the State of Minnesota, to use irrevocable trusts to shelter assets from being counted in a Medical Assistance eligibility determination, even if such trust was created and funded prior to the look-back period for uncompensated transfers.
As part of a Justice for Families grant, Hennepin County Family Court conducted multi-cultural listening sessions with the goal of creating a more culturally responsive legal system for all communities struggling with domestic violence. This program will share feedback obtained from those sessions about current gaps, barriers and needs in the legal process for those experiencing domestic violence in family court cases; and will discuss the process of developing and holding those listening sessions and its replicability in other communities around the State.
It’s never fun to lose, and trying to steal victory from the jaws of defeat can be a risky proposition. Though post-trial motions remain critical to correcting errors and positioning your case for appeal, if they are misused they can take your case from bad to worse. In this session, we’ll review the common forms of post-decisions motions, the best uses of each, their necessity (or not) for keeping issues alive on appeal, common mistakes lawyers make in post-trial motions, as well as tips and tricks for how to most effectively and strategically deploy these motions in your practice.
As lawyers, our duties under the Rules of Professional Conduct underpin our service to clients. We are accustomed to quiet withdrawals, transfers of representation, and serving clients well, even when clients are at their most difficult. We work in the midst of looming deadlines, mountains of cases, negativity, and other stressful conditions. Our duties as advocates frequently put us in the line of fire with difficult parties and opposing counsel, while requiring us to maintain the integrity of the profession and respect the rights of others. Learn how stress, negativity, and ethical duties interact and how we can better manage our practice, our lives, and our ethical obligations.
Using a Medicaid Compliant Annuity for a married couple is a great way to accelerate eligibility while preserving assets in the process. However, considering all the case facts, choosing the appropriate strategy, and properly structuring the annuity are all key to achieving the best outcome. Join Krause Financial Services’ President and CEO as he explains how a Medicaid Compliant Annuity can be used for your senior clients, the best practices he’s learned through his years of experience, and the major pitfalls every attorney should be on the lookout for. Plus, Dale will discuss a real-life case study to show the strategies in action.
Speaker Brett Leschinsky will provide a handbook for attorneys that will walk them through the options for clients wanting to keep their current rate post-divorce. It will include multiple client scenarios (cooperative, spiteful, etc.) in order from best-case to worst-case.
Hospice is generally thought of as the last resort for someone near death. But hospice services are increasingly being used by elder law clients as a way to increase quality of care for their loved ones living in a care facility. What are the ramifications of this as attorneys seeking to educate our clients on their rights, options and limitations? How does the care industry handle coordination of care once hospice has been added to a patient’s services?
The Connecticut Department of Children and Families has recently been recognized in the media as paving the way for transformation of the child protection system, including reducing out-of-home placements for children as well as racial disparities in the system. Commissioner Dorantes and Deputy Commissioner Hill-Lilly will share their knowledge, expertise, and experience in Connecticut to combat racial disparities in the child protection system and prevent the trauma of out-of-home placements.
Navigating eligibility for Medical Assistance can be confusing and frustrating. As advocates, we are often tasked with providing the best strategies for clients to maximize the assets they are allowed to keep and still obtain eligibility for Medical Assistance benefits.
Lawyer Wellness CLE Series
Presented by Lawyers Concerned for Lawyers and co-sponsored by the Criminal Law, Civil Litigation, and Solo Small Practice Experience Sections
The stress lawyers face is a predictor for depression, and untreated depression is the #1 predictor for suicide. Lawyers must also deal with the fact that clients can be suicidal. This program will help you understand the facts and myths about suicide; recognize signs and indicators for clinical depression, anxiety, and suicide; and provide resources and a protocol for offering and seeking help to prevent suicide.
The Families and Children Model Code on Domestic and Family Violence is the title of a groundbreaking and useful document recently released by the National Council and Juvenile and Family Court Judges. It has already been the topic of statewide and national trainings and is now the topic of this month's CLE. The presenters will introduce participants to some of the ten sections, including those in the definition of domestic abuse (including coercive control), ADR, and the best interests of the child. In addition, possible implications within MN as well as opportunities for legislative advocacy will be explored.
Not all Medicare appeals are created equal -- the process and rules vary between the various Medicare Parts. Understanding the benefits coverage for each Medicare Part, as well as the rules and procedures is critical for effective advocacy.
During this CLE, the presenters will address the procedure, rules and supporting evidence necessary for an effective Medicare Appeal for each Part. This CLE is designed to provide attorneys with a toolbox for “ready” representation of a Medicare recipient when their insurance benefit has been denied.
This course provides a primer on what we mean when we say trauma, examples of how trauma may appear in family court cases, and what family law lawyers can do to assist clients with trauma.
Community decision-making and peacebuilding efforts around the globe have been and continue to be affected by trauma thus necessitating a trauma-informed approach to conflict resolution, breaking recurrent cycles of violence, and fostering the trust and collaboration required for sustainable project outcomes and stable societies.
In CHIPS and delinquency cases in Minnesota, youths age 10 years and older have the right to a lawyer. Youth’s counsel’s role is to advocate for the stated interests of each youth and to maintain as “normal” a client-lawyer relationship “as far as reasonably possible.” Sometimes, in pursuit of a youth’s stated goals or decisions, the actions of youth’s counsel can at first appear unreasonable, unwise, and not in the youth’s “best interests.” In this CLE, learn from a youth advocate why fidelity to a youth’s stated interests as opposed to the youth’s best interests is so necessary and important in CHIPS and delinquency proceedings.
Being a grief-informed attorney can take time and energy but understanding grief and developing various tools and approaches to providing supportive representation to grieving clients can not only strengthen an attorney's practice but benefit the client immensely as well.
Supported Decision Making is a newer concept for some. This session will explore it as a model for building upon a person’s abilities, support teams, and available community and residential service systems to address vulnerabilities as an alternative to guardianship and as an option to explore in terminating guardianships. Minnesota’s Guardianship statute was recently modified to address the reality that a guardianship may be an overly restrictive tool with sometimes surprising harms.
Lawyers often see clients who appear to be suffering from substance misuse, addiction, or other impairments. While it is not our job to diagnose, what is our role, responsibility, and opportunity? How do our biases govern our actions and behaviors? What if the issue is not with a client but with a colleague? The answers are seldom simple. This program will provide an ethical framework for lawyers facing these questions in addition to practical guidance and resources.
This session will focus on the use of Special Masters in parenting time disputes. The session will discuss the authority for Special Master appointments, the standards for review of Special Master Orders, and the practical realities of such appointments.