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| Thursday, November 20, 2008 |
8:00 AM - 9:00 AM | Continental Breakfast - Sponsored by Warner Norcross & Judd LLP | | |
| 9:00 AM - 9:15 AM | Welcome and Introduction |
| Carlo J. Martina Carlo J Martina PC; Plymouth
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| 9:15 AM - 10:15 AM | Understanding and Working with the New Child Support Formula |
| - The rules have changed dramatically. Learn the new formula, the intricacies of interpretation, and how it impacts your clients and your practice.
Carlo J. Martina Carlo J Martina PC; Plymouth
Kent L. Weichmann Mediation and Arbitration Services; Ann Arbor
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| 10:15 AM - 11:15 AM | Perjury from the Witness Stand and During ADR - Do We Really Care? |
| - Perjury isn't limited to newspaper headlines or the witness stand. Whether it's opposing counsel, a key witness or one of the parties at mediation, false testimony undermines the very foundations of our legal system. Hear three perspectives on perjury, your duties when it surfaces, and how to react without getting yourself in trouble!
Hon. James C. Kingsley 37th Circuit Court; Battle Creek
Robert L. Agacinski Grievance Administrator Attorney Grievance Commission; Detroit
Kenneth M. Mogill Mogill Posner & Cohen; Lake Orion
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| 11:30 AM - 12:30 PM | Domestic Relations Caselaw and Statutory Update and Analysis |
| Hon. Marilyn Kelly Justice Michigan Supreme Court; Detroit
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| 12:30 PM - 2:00 PM | Networking Lunch on Premises - Sponsored by Stout Risius Ross Inc. |
| - Catch up with friends and colleagues in a leisurely, uninterrupted lunch
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| 2:00 PM - 2:40 PM | Everything You Ever Wanted to Know About COBRA and Divorce: Don't Let COBRA Bite You |
| - As more employees lose their jobs in a depressed Michigan economy, hanging on to health care benefits through COBRA becomes ever more critical. Don't resolve your next case without insuring health care protection for your clients and their loved ones.
John F. Mills Williams Williams Rattner & Plunkett PC; Birmingham
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| 2:00 PM - 2:40 PM | View from the Appellate Bench - Advice to Trial Court Practitioners |
| - Regardless of whether you handle cases on appeal, you'll want to attend this session. Four appellate judges share insight and advice for trial lawyers on preserving the record, making final orders final, what to tell clients about the appellate process, what cases are being appealed, where family law is heading, and ADR. Take advantage of a golden opportunity to communicate with the bench outside the context of a contested matter.
Hon. Kirsten Frank Kelly Michigan Court of Appeals; Detroit
Hon. Peter D. O'Connell Michigan Court of Appeals; Lansing
Hon. Michael J. Talbot Michigan Court of Appeals; Detroit
Hon. Jane M. Beckering Michigan Court of Appeals; Grand Rapids
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| 2:00 PM - 2:40 PM | Making Sense of the UCCJEA |
| - In a changing economy, Americans are on the move, sometimes taking their children along. When custody is at issue, know which state has jurisdiction, what to do in a "vacuum," convince courts with exclusive jurisdiction to yield, and how to approach modification of orders. Learn registration, enforcement, habeas, full faith and credit, and, when a court should order payment of all or most of the attorney fees, costs, and expenses. The UCCJEA is increasingly a factor in custody cases.
Jeanne M. Hannah Jeanne M. Hannah Law Offices; Traverse City
Traci L. Rink Referee Oakland County Friend of the Court; Pontiac
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| 2:48 PM - 3:30 PM | Admitting Exhibits in Evidence with Confidence - A "Show and Tell" Demonstration |
| - A practical approach to the admission of evidence in a bench trial - how to approach basic and more complex issues using the four keys to admissibility (relevance, competence, authenticity, and reliability). Preparation tips to avoid evidentiary issues at trial, common evidentiary problems, making sustainable objections, and protecting the record will also be discussed.
Elizabeth K. Bransdorfer Mika Meyers Beckett & Jones PLC; Grand Rapids
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| 2:48 PM - 3:30 PM | Alimony: It Still Matters |
| - Discover why alimony continues to matter. Are you missing a bet? Learn theories of alimony, criteria for awarding, when alimony should be modifiable, the role of guidelines, and what it takes to persuade the judge. Pro or con, you want to understand and meet all your client's needs.
Meri Anne Stowe Law Offices of Meri Anne Stowe; Okemos
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| 2:48 PM - 3:30 PM | What Factors Most Influence Custody Determinations |
| - Three trial court judges share their decision-making process when evaluating "best interest" factors in custody disputes. Learn which factors are the most decisive, how client's testimony can be influential in weighing the factors, and what evidence is compelling.
Hon. Cheryl A. Matthews 6th Judicial Circuit Court; Pontiac
Hon. Richard M. Skutt 3rd Judicial Circuit Court; Detroit
Hon. Lisa Sullivan Clinton County Probate Court; Saint Johns
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| 3:45 PM - 4:30 PM | Change of Domicile: Move Away or Stay, Either Way, There's a Price to Pay! |
| - Gain a keen understanding of the interplay between the 100 mile rule and school of choice on change of domicile. Develop a strategic approach to pursue or defend change of domicile by knowing the caselaw and statutory background necessary for successful ADR or litigation. Take home practical tips learned the hard way.
Richard A. Roane Warner Norcross & Judd LLP; Grand Rapids
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| 3:45 PM - 4:30 PM | Special Problems in Admitting Electronic Evidence |
| - Learn to admit that juicy email, cell phone photos, business spreadsheet with the REAL numbers, evidence of internet misconduct, or any other evidence you find in the spouse's computer. Turn the tantalizing or bizarre into cogent and persuasive exhibits that turn the tables at trial.
Lorne B. Gold Adkison Need & Allen PLLC; Bloomfield Hills
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| 3:45 PM - 4:30 PM | Grappling with Religious and Lifestyle Disputes |
| - Parents struggle over the religious upbringing and church-going of their kids, over schooling, over the new special friend's desire to sleep over, when dating morphs into co-habitation, whether to allow a motorcycle, and non-traditional families and life-styles. If divorced, sooner or later parent differences land in the judge's lap.
Hon. Antonio P. Viviano Macomb County Circuit Court; Mount Clemens
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| 4:38 PM - 5:30 PM | Tax Tips for the Practitioners |
| - Not a tax expert? Concerned about what you don't know? Our panel of expert practitioners who are NOT tax specialists allay those concerns and make you more tax savvy by sharing their most important tax tips.
James J. Harrington III Law Offices of James J. Harrington III PLC; Novi
Blaine B. Johnson Jr. Blaine B Johnson Jr PC; Jackson
Thomas L. Saxe Rhoades McKee PC; Grand Rapids
Karen S. Sendelbach Nichols Sacks Slank Sendelbach & Buiteweg PC; Ann Arbor
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| 4:38 PM - 5:30 PM | Strategies that Work for the Debt-Burdened Marital Estate |
| - When divorce clients come to you with significant debt in the marital estate - as happens more and more - are you prepared to provide all the help they need? Learn the wide variety of legal and common sense tools you can use to help clients, negotiate settlements, and draft judgements and agreements to cope with marital debt.
Diana Raimi Moran Raimi & Goethel PC; Ann Arbor
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| 4:38 PM - 5:30 PM | The Cooperative Parent Pilot Project: Kent County's Efforts to Reduce Conflict |
| - Kent County is developing a pilot program to study the effectiveness of non-adversarial language in pleadings - "mother" or "parent" instead of "plaintiff" - and require submission of parenting time plans to encourage settlement and reduce post-judgment litigation. Find out how the program got started, how it will work, and how it can help in your county.
Hon. Maura D. Corrigan Justice Michigan Supreme Court; Detroit
Hon. G. Patrick Hillary 17th Circuit Court; Grand Rapids
Susan W. Keener Keener Law Offices PLC; Grand Rapids
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| 5:30 PM - 7:00 PM | Networking Reception on Premises - Sponsored by Plante & Moran PLLC |
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| Friday, November 21, 2008 |
8:00 AM - 9:00 AM | Continental Breakfast | | |
| 9:00 AM - 9:45 AM | Bankruptcy Tips for Family Law Attorneys |
| - The current economic climate demands familiarity with the 2005 Amendments to the Bankruptcy Code and how it impacts your clients. Learn about automatic stay changes, effect of amendments on property settlements, non-dischargeability in Chapter 7 proceedings, procedures for non-debtor spouses, and more.
Lisa Sommers Gretchko Howard & Howard Attorneys PC; Bloomfield Hills
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| 9:00 AM - 9:45 AM | Unraveling the Mysteries of Business Tax Returns |
| - Whether you're determining income for support, seeking hidden income, or evaluating cash flow, you must understand business tax returns. You may hire experts, but you want to know what the numbers mean yourself to ask the right questions. Join tax guru Joe Cunningham to know what to look for and understand what you find.
Joseph W. Cunningham Plante & Moran PLLC; Southfield
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| 9:00 AM - 9:45 AM | Property Division Made Simple |
| - The resolution of "high-stakes" divorce matters requires an accurate accounting of the marital estate. The use of a simple Excel spreadsheet can assist in identifying and then ascribing value to a couple's assets and liabilities, tracking claims and defenses made for each, and ultimately determining an equitable distribution of property. A sample marital balance sheet will be provided.
Justin L. Cherfoli, CPA, ABV Stout Risius Ross Inc; Southfield
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| 9:53 AM - 10:40 AM | Making Use of Parenting Facilitators |
| - Discover the dos and don'ts of an increasingly popular practice. Learn the scope of confidentiality and limits of what parenting facilitators can disclose. Do they have access to psychological records, for example? Get advice about drafting the right orders including whether to add arbitration powers. Hear about differing perspectives among professionals. What should be reported and to whom? Employed thoughtfully and with care, parenting facilitators can be an enormous help.
Kent L. Weichmann Mediation and Arbitration Services; Ann Arbor
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| 9:53 AM - 10:40 AM | Strategies for Litigating Against Difficult Opposing Counsel and Their Impossible Clients |
| - Learn to develop skillful responses to the "dirty tricks" and legal shenanigans of opposing counsel. Recognize their emotionally dysfunctional clients and think proactively to enhance client representation and achieve peace of mind.
James J. Harrington III Law Offices of James J. Harrington III PLC; Novi
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| 9:53 AM - 10:40 AM | Discovery of Mental Health Records |
| - How to obtain mental health records and comply with HIPAA. Learn the consequences if you refuse to release them. Obtaining children's records. Practice tips on working with mental health records. Get two perspectives.
Hon. Archie C. Brown 22nd Judicial Circuit Court; Ann Arbor
Monika U. Holzer Sacks Nichols Sacks Slank Sendelbach & Buiteweg PC; Ann Arbor
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| 10:55 AM - 11:40 AM | Dealing with Confidentiality in Mediation |
| - Can mediation be used for discovery? To hide otherwise discoverable material? Does confidentiality apply to the agreement? How far does confidentiality extend under today's rules? Does it extend too far or not far enough? Several changes are contemplated to court rule confidentiality, including the Uniform Mediation Act. Learn about the rule, proposed changes, and exchange views. Take away practitioner and mediator perspectives and handle your next mediation with confidence and understanding.
Joseph H. Doele Miller Johnson; Grand Rapids
Zena D. Zumeta Mediation Training & Consultation Institute; Ann Arbor
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| 10:55 AM - 11:40 AM | ADVANCED: The Art of Drafting Final Judgments |
| - Drafting final judgments can be a course in itself. In the increasing complexity of our practice, learn drafting skills that solve rather than create problems. Topics covered: incorporating uniform orders by reference, dealing with real estate in a declining market with mortgage issues, deductibility of child care, life insurance, credit concerns, exemptions, and time limits. Attend this session and your judgments will never be the same! Get time-tested sample clauses to take home.
Ronald M. Bookholder Law Offices of Ronald M. Bookholder; Troy
Drew Sygit CMPS, CMLO, CALO, MBA The Lending Edge Team; Rochester Hills
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| 10:55 AM - 11:40 AM | The Nuts and Bolts of Interviewing Children |
| - Whatever your purpose, interviewing child witnesses presents unique challenges and pitfalls for the unwary. Hear Michigan's Forensic Interviewing Protocol explained by a leading expert in the field. Build rapport and improve communication with kids. Learn how to listen and understand what they mean.
Nancy J. Diehl Wayne County Prosecuting Attorney's Office; Detroit
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| 11:48 AM - 12:30 PM | ADVANCED: Business Valuation: Reading Between the Lines of an Expert's Report - With Concrete Examples |
| - An experienced practictioner shares her thought process when reviewing a business valuation report: How does the report work to her advantage? Does she need her own expert? How trustworthy is the appraiser? What type of value analysis was done? How complex and thorough was the review? What assumptions were made? Using concrete examples from real files, discover ways to kick your practice up a notch!
Margaret M. Tobin Tucker & Tobin PC; Detroit
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| 11:48 AM - 12:30 PM | ADVANCED: Enforcement Options - Putting the Array of Enforcement Tools to Use |
| - Learn all you can do as an attorney with a court order: garnishments, subpoenas, FOIA, springing QDROs, 2nd mortgages, life insurance, and security instruments. When all else fails and you need to move to the next level, learn how a receiver operates and works for you.
Henry M. Nirenberg Seyburn Kahn Ginn Bess & Serlin PC; Southfield
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| 11:48 AM - 12:30 PM | "If It Weren't for You" - A Point/Counterpoint Dialogue on What Makes Judges and Lawyers Cranky |
| - Join this interactive, brain-storming session to uncover the underlying interests and needs judges and lawyers bring to the table when setting rules, establishing procedures, handling schedules, appearing in the courthouse, filing pleadings, and the like. Better understanding leads to better practices. Bring your concerns and proposed solutions to share.
Hon. Lita Masini Popke 3rd Judicial Circuit Court; Detroit
Keldon K. Scott Mallory Cunningham Lapka & Scott PLLC; Lansing
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