Real estate gone awry, gone away? Lately I’ve met with several clients who have discouraging real estate problems. In almost every case, these problems could have been avoided by checking with a lawyer before a transaction was completed. Here are some examples of the types of cases I’m talking about. I have met with several […]
A condominium HOA with a no-pet rule was found liable for violating the Fair Housing Act after refusing to allow an owner suffering from depression and anxiety to keep his dog. The owner provided a letter from his psychiatrist documenting his disability and need for the dog, but the HOA refused to negotiate or provide […]
The use of alternative of dispute resolution techniques has become an integral part of the legal system in Colorado. Its presence requires understanding and vigilance by Colorado lawyers. Not only will courts be ordering ADR in a greater number of cases, clients will be requesting it. The use of ADR offers ways to provide creative […]
Arbitration is a process whereby One or more neutral and impartial expert third parties hear and consider the evidence and testimony provided by the disputants and issue a binding or non-binding decision. In arbitration, the parties to a dispute agree to use privately selected decision maker(s) to resolve their case. Arbitration is most frequently accessed via a […]
Med-Arb is a process whereby: -a neutral and impartial third party -facilitates communication between negotiating parties and, -failing settlement, receives evidence and testimony provided by the parties and issues a binding decision. Med-Arb is a hybrid of two very different ADR processes, mediation and arbitration. By selecting a neutral to serve as both mediator and […]
Alternative Dispute Resolution – Summary Jury Trial A summary jury trial is a process whereby -summary presentations in complex cases -are made before a jury empaneled to make findings -which may or may not be binding. The summary jury trial is the only ADR method which provides for case presentation before a jury. Although the […]
ALTERNATIVE DISPUTE RESOLUTION – MINI TRIAL A mini-trial is a process whereby -a neutral and an official with settlement authority from each party -listen to the evidence and conduct settlement negotiations. The mini-trial uses elements of negotiation, mediation and adjudication to facilitate settlement. Parties or their representatives are exposed in the non-binding mini-trial to the […]
Organization of the Judicial Branch The Colorado Supreme Court is the state’s court of last resort. Requests to review decisions of the Colorado Court of Appeals constitute a majority of the Supreme Court’s filings. The Colorado Court of Appeals is the state’s intermediate appellate court. The Court of Appeals has jurisdiction, with exceptions, over appeals […]
Who will pay me for serving as a juror? Your employer has a duty under state law (§ 13-71-126, C.R.S.) to pay regular wages up to $50 per day if you are regularly employed. Employers may pay more than $50 by mutual agreement. If you are self-employed, you must compensate yourself for the first three […]
Alternative Dispute Resolution Techniques – Early Neutral Evaluation Early Neutral Evaluation is a process whereby an evaluator is appointed by the court or chosen by the parties to intervene in a lawsuit for the purpose of narrowing the issues, assisting in case planning and management and assisting in settlement, if appropriate. Early Neutral Evaluation (“ENE”) is […]
What evidence is used in paternity cases to prove the existence of a parent-child relationship? -Evidence of sexual intercourse between the mother and the alleged father at any time that would make it possible for the child to have been conceived during that encounter; -An expert’s opinion that based on the duration of the mother’s […]
Frie, Arndt & Danborn proudly announces our newest attorney, Matt Ratterman. Mr. Ratterman’s practice will include Estate Planning, Probate, Edler Law, Family Law, and Real Estate.
Do I still have to serve on jury duty if I am a dependant of OR an active duty member serving in the military and do not claim residency in Colorado? Military members are not exempt from jury duty in Colorado. If you are living in the County you are summoned for, you must report […]
Alternative Dispute Resolution Techniques – Settlement Conference A Settlement Conference is a process whereby: -a neutral and impartial legal professional -hears both sides of the case and conducts an informal assessment and negotiation session -may advise the parties on the law and precedent relating to the dispute and suggest a settlement. Settlement conferences may be held […]
Who is allowed to go to court in order to determine who the father of a child is? -The child; -The natural or biological mother; -The man presumed to be the father; -The State of Colorado; -The Colorado Department of Human Services; -A county department of social services. When can they file a case with […]
What if my employer doesn’t want to pay me for the first three days of service? Your employer has a duty under state law (§ 13-71-126, C.R.S.) to pay regular wages up to $50 per day if you are regularly employed. Employers may pay more than $50 by mutual agreement. If you are a part-time […]
Check your insurance policies and your mail At Frie, Arndt and Danborn, we’ve had lots of experience with insurance companies in terms of settling claims for injuries or other losses. Most insurance companies take a dim view of paying much money out to settle claims, so attorneys usually have to work hard for compensation for […]
Alternative Dispute Resolution Techniques – Mediation Mediation is a process whereby -a neutral and impartial third party (the mediator) -facilitates communication between negotiating parties which -may enable the parties to reach settlement. Mediation is recommended when the parties’ emotions or positional bargaining have restricted their ability to negotiate with each other, but they do not want […]
What is the definition of the parent-child relationship? The legal definition of a parent-child relationship is established either with proof of a biological relationship or proof of legal adoption by the parent or parents. Does the relationship between the parent and child depend on the parents’ marital status? No, the legal parent-child relationship exists […]
Jury Service “Why do I receive [jury] summonses year after year, when other people don’t? Since the summons process is random, there is no easy explanation to this question. Each name goes into the system with a different random number attached to it each year. In some counties with small populations, almost every qualified citizen […]
Probate – When Someone Dies #5 “Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need […]
Alternative Dispute Resolution – Negotiation Negotiation is a process whereby -disputants communicate with each other, directly or indirectly, -about the issues in disagreement -in order to reach a settlement of their differences. Negotiation is the process people use most often to settle disputes. We negotiate all types of disagreements in our personal lives and in […]
Probate – When Someone Dies #4 “Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need […]
Estate Planning – Avoiding Probate – Transfer of Assets Outside of Probate – What is a Living Trust? Living Trusts A living, or intervivos, trust may be revocable or irrevocable, and it may be funded or unfunded. A funded living trust is an alternative to a will and to probate. In a funded living […]
Community issues – The Neighboring Movement The number of disputes between neighbors are increasing. There are many reasons for such disputes including things as simple as leaves falling in the neighbor’s yard. Even more common as metropolitan areas increase in size and people buy and sell property faster is that we do not really know […]
Selecting a third-party neutral or provider of ADR services is like choosing any other professional. The person(s) must meet the requirements of the case and of the parties. At a minimum, the neutral cannot favor any of the parties. Furthermore, the neutral must be impartial and may not have a “stake in the outcome of […]
“Coping with the loss of a loved one is difficult. We hope this information will help you focus on what you need to do and what you may wish to delegate to friends and family. This brochure will provide you with some basic information on what you may need to know in the first few […]
Life Insurance Life insurance proceeds pass to whomever you have named to receive those benefits; that person is the beneficiary. The insurance company will have a record of the beneficiary you chose when you purchased your policy. You also should keep a record of the current beneficiaries of each life insurance policy. You have the […]
Access to ADR Techniques The use of ADR techniques may be initiated by the parties or ordered by the Court. Court-ordered ADR is available in both state and federal courts. The Dispute Resolution Act, C.R.S. §13-22-301 et seq., establishes the Office of Dispute Resolution and grants authority to Colorado courts of record to refer a […]
Joint Tenancy How are taxes affected by joint tenancy? The laws of estate and gift taxes are considered to be very complicated. You should consult with an attorney or Certified Public Accountant. Estate and gift taxes are being evaluated for changes effective Jan. 1, 2013. Estate tax—Owning property in joint tenancy does not avoid estate […]
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