Washington Divorce Law 101 (2021 Edition)

Mark Baumann | Law P.S.

Brewe Layman, P. S. | Brewe Layman, P. S.

Kevin Scudder | Seattle Collaborative Law Center, PLLC

Heather E. Forrler | Compass Legal Services, P.S.

Brian Edwards | McKinley Irvin

On-Demand: November 3, 2021

$245.00 6 hour CLE

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Program Summary

Session I – Client counseling with the Integrative Client-Centered Model – Mark Baumann

Client counseling involves complex relationship skills which take years to develop. The learning process can be sped up with a general organizing framework. We’ll look at two frameworks, one for understanding the psychology, neurobiology and social aspects which describe the underlying reasons why people act, think, and make decisions. Then we’ll look at a framework for the general elements of relationship skills to help you efficiently begin to organize learning lessons from any theory, model or experience. Then we’ll get more specific and look at emotions, the 10 elements of CSI’s Integrative Listening model for lawyers, and equipoise for lawyers. This session will be useful for both newer lawyers with less skill in legal matters, and experienced lawyers seeking to move their skills to a higher level.

Integrative Client Counseling Model, https://www.conflictscienceinstitute.com/csi-concepts/iccm/
CSI’s Integrative Listening model, https://www.conflictscienceinstitute.com/csi-concepts/integrative-listening/
Equipoise for lawyers, https://www.conflictscienceinstitute.com/equipoise-is-the-art-of-balancing-opposing-interests-during-conflict/

Key Topics

Identify frameworks for understanding conflict dynamics
Identify a framework for the elements of client counseling
Learn some unique and essential client counseling tools

Session II – Prenuptial Agreements – Kenneth Brewe
A survey of Washington Law as it relates to drafting and reviewing Prenuptial Agreements.

Key Topics

Drafting tips for prenuptial agreements
Utilizing the same in litigation
Enforceability

Session III – Collaborative Law – Kevin Scudder

Collaborative Practice is one of the dispute resolution options available to consumers who find themselves in conflict, and the process option most likely unfamiliar to attorneys. This program is designed to introduce attendees to the Collaborative Law Process through a discussion of the fundamentals of the process both through the statutory foundation (RCW 7.77) of Collaborative Practice and through an exploration of the process itself through examples and discussion.

Key Topics

An introduction to Washington State’s Uniform Collaborative Law Act (RCW 7.77)
Understanding Collaborative Practice as a consensual dispute resolution process
Understanding Collaborative Process through case studies and examples
Understanding how the Rules of Professional Conduct come up in Collaborative Practice

Session IV – Parenting Plans – Heather E. Forrler

Too many people, including attorneys new to family law, rely too heavily on the statutes and forms when creating a parenting plan. The parenting plan form covers the mandatory statutory issues, but there is far more to a parenting plan than the statutes. This presentation will cover matters to consider when creating a parenting plan; how Domestic Violence can be addressed in parenting plans; and when you can change a parenting plan.

Key Topics

Things to know when creating a parenting plan
Effects of Domestic Violence on parenting plans
When there is a change in circumstances
Useful outside resources

Session V – Alternative Dispute Resolution – Heather E. Forrler

Litigation is frequently not the best course of action in family law. Unless the parties are too adversarial and cannot reach agreements with each other, there are other options that keep the power in the hands of the parties, rather than a stranger. Using alternative dispute resolution options can be less expensive, but also less stressful for all involved.

Key Topics

How and when to use mediation
Whether arbitration is the right course of dispute resolution
Educational resources to help parties understand and make better informed decisions

Session VI – Restraining Orders – Brian P. Edwards

Attorney’s can expect to learn about when obtaining a restraining order in the course of a family law case is appropriate. Discussion of the various limitations of restraining orders, and the impact that restraining orders can have on clients will also be covered.

Key Topics

The statutory requirements of restraining orders
The limits on when they can be obtained
The impacts that they can have on clients
The benefits, drawbacks and alternatives to restraining orders

This course is co-sponsored with myLawCLE.

Date / Time: November 3, 2021

1:00 pm – 7:00 pm Eastern
12:00 pm – 6:00 pm Central
11:00 am – 5:00 pm Mountain
10:00 am – 4:00 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Mark Baumann | Mark K. Baumann, Attorney at Law P.S.

Mark Baumann has practiced law for 30+ years and specializes in family law. He is also the director of the Conflict Science Institute. He has studied many models describing human emotions, behavior, and thinking, and over the last 10 years he has focused on advanced biopsychosocial models of human information processing in the context of danger.

https://markbaumann.com/

https://www.conflictscienceinstitute.com/

Kenneth Brewe | Brewe Layman, P. S.

Private practice focusing primarily on complex family law and civil litigation matters for over 40 years. Has appeared in Superior Courts throughout Washington State and before the Court of Appeals, Washington State Supreme Court and in Federal District Court. Serves as a private mediator/arbitrator in family law matters. Editor/author of various family law chapters in Washington Practice and in the Washington Family Law Deskbook. Frequent CLE speaker.

CURRENT PRACTICE
Brewe Layman, P.S. Everett, Washington

Areas of Practice

Trial Practice with emphasis in Complex Domestic Relationship Law
General and Civil Trial Practice
Private Mediation

HONORS/ PROFESSIONAL AFFILIATIONS

Martindale-Hubbell AV Rating (very high to preeminent)
American Academy of Matrimonial Lawyers Fellow™
Selected by Washington Law and Politics as a Super Lawyer™ (2001-2021)
Selected as a Washington Top 100 Super Lawyer™ by Washington Law and Politics (2015, 2016, and 2018)
Selected as a Best Law Firm™ by U.S. News and World Report in Family Law (2013- 2021)

HONORS/ PROFESSIONAL AFFILIATIONS

Cont. Selected to Best Lawyers™ in the area of Family Law (2012 – 2021)
Selected as Best Lawyers™ Attorney of the Year in Family Law for Seattle area (2014) by U.S. News and World Report National Board of Trial Advocacy

BAR ASSOCIATION MEMBERSHIPS

Washington State Bar Association Member
United States Supreme Court Bar Member

REPORTED CASES

In Re the Marriage of Bulicek v. Bulicek, 59 Wn.App. 630, 800 P.2d 392 (1990)
In Re the Marriage of Harrington v. Harrington, 85 Wn.App. 613, 929 P.2d 1159 (1997)
Talley v. Talley, 97 Wn.App. 1077, 991 P.2d 94, (1999)
In Re the Marriage of Grigsby v. Grigsby, 110 Wn.App. 1026 (2002)

Kevin Scudder | Seattle Collaborative Law Center, PLLC

Kevin R. Scudder is a Collaborative Attorney, Mediator, Writer, Trainer, and inspiration behind the Seattle Collaborative Law Center, PLLC based in Seattle, WA. He is a Board Member of the International Academy of Collaborative Professionals (IACP; www.collaborativepractice.com), regular contributor to the Collaborative literary community [http://www.be.fulfilled.org/ and http://theworldofcollaborativepractice.com/], and Past President of Washington State’s state-wide Collaborative organization, the Collaborative Professionals of Washington. Kevin is a contributing author to the book issued by the American Bar Association co-edited by Adam Cordover and Forrest “Woody” Mosten on developing a satisfying and profitable peacemaking practice.

Kevin can be reached at [email protected] or through his Seattle Collaborative Law Center, PLLC website at https://www.seattleclc.com/.

Heather E. Forrler | Compass Legal Services, P.S.

Heather Forrler is the Managing Attorney at Compass Legal Services, P.S., a Kitsap County based law firm located in Silverdale, WA. Heather has been practicing law since 2002 and working in the legal industry since 1996. In her practice, Heather provides legal counsel and client representation in areas of Family Law, Divorce, Estate Planning, Personal Injury, as well as Business Structure formation. She champions individual and family diversity through the equal application of the principles of law, promoting stability and protection for all people.

Ms. Forrler’s personal and professional experience regularly provides her the opportunity to support members of alternative communities through difficult times and uncomfortable conversations. She also has the privilege of helping members of the community plan and create mechanisms for security and peace of mind. In addition to understanding the reality of personal circumstances and the law, she understands the emotional needs of her clients, serving with empathy, integrity, and efficiency.

Heather is a member in good standing of the Washington State Bar Association, Kitsap County Bar Association, and the US District Court for the Western District of Washington.

Brian Edwards | McKinley Irvin

Brian Edwards is a senior attorney with McKinley Irvin, the Pacific Northwest’s largest family law firm. Edwards earned his B.A. degree from University of California, Santa Barbara, his M.A. in Clinical Psychology from Argosy University, and his J.D. from Seattle University School of Law. He has been distinguished as a Washington Rising Star by Super Lawyers®, is Peer Review Rated AV® Preeminent™ by Martindale Hubbell®, and listed in Best Lawyers: Ones to Watch in the field of family law. He is an adjunct professor at Seattle University School of Law and serves as a court appointed special advocate for CASA of King County.

Agenda

Session I – Client counseling with the Integrative Client-Centered Model | 1:00pm – 2:00pm
I. Key topics | 1:00pm – 1:12pm
II. Ethical counseling | 1:12pm – 1:24pm

a. The client said “I want a parenting plan which gives me no rights.” Now what do I do?

III. Frameworks for conflict dynamics | 1:24pm – 1:36pm

a. Traditional models
b. Advanced biopsychosocial models

IV. A Framework for the elements of client counseling | 1:36pm – 1:48pm

a. 12 Elements of the Integrative Client Counseling Model

V. Client counseling tools | 1:48pm – 2:00pm

a. Emotions, identifying and managing
b. 10 Element’s of CSI’s Integrative Listening
c. Equipoise for lawyers

Break | 2:00pm – 2:10pm

Session II – Prenuptial Agreements | 2:10pm – 2:40pm
I. Drafting tips for prenuptial agreements | 2:10pm – 2:20pm
II. Utilizing the same in litigation | 2:20pm – 2:30pm
III. Enforceability | 2:30pm – 2:40pm

Session III – Collaborative Law | 2:40pm – 3:50pm
I. Introduction | 2:40pm – 2:50pm
II. Stu Webb and The Start of Collaborative Practice as a Consensual Dispute Resolution Process | 2:50pm – 3:00pm
III. Uniform Collaborative Law Act (Uniform Law Commissions) | 3:00pm – 3:10pm

a. Duty to Disclose All Process Options
b. Duty to Assess for Suitability of Process
c. Duty to Assess for DV and Coercion

Break | 3:10pm – 3:20pm

IV. Collaborative Practice Basics | 3:20pm – 3:30pm

a. Participation Agreement
b. Disqualification Provision
c. Team Members

V. Neutral Team Members | 3:30pm – 3:40pm

a. Coach
b. Financial Neutral
c. Child Specialist

VI. Resources | 3:40pm – 3:50pm

Session IV – Parenting Plans | 3:50pm – 4:45pm
I. Things to know when creating a Parenting Plan | 3:50pm – 4:02pm

a. Thinking outside the box
b. Statutes and Forms cover MINIMUM requirements
c. Parents need a break
d. Kids need both parents
e. Your imagination is your only limit
f. The “Other” Section(s)

II. Effects of Domestic Violence on Parenting Plan | 4:02pm – 4:20pm

a. DV between the parents
b. DV involving others
c. RCW 26.09.191

Break | 4:20pm – 4:30pm

III. When There is a Change in Circumstances | 4:30pm – 4:38pm

a. Adjustment to Parenting Plan Schedule to reflect actual situation
b. Modification of Parenting Plan Schedule due to substantial change in circumstances
c. Modification of Decision-Making due to substantial change in circumstances
d. Modification to Restrict or Limit the Other Parents Time, due to substantial change in circumstances

IV. Useful outside resources | 4:38pm – 4:45pm

a. Guardians Ad Litem
b. Dispute Resolution Center
c. Co-Parenting Class

Session V – Alternative Dispute Resolution | 4:45pm – 5:30pm
I. Mediation – how and when to use it | 4:45pm – 4:57pm

a. Parties are in charge of decisions made
b. Encourages organization of goals and evidence
c. Can help get to the “why” of what is requested
d. Provides insight into the other party’s goals

II. Arbitration – is this a good option for the case | 4:57pm – 5:08pm

a. If the other parties just cannot agree
b. Can save time and money

III. Combined mediation and arbitration | 5:08pm – 5:20pm

a. Imperative to have a trustworthy and thoughtful mediator/arbitrator
b. Allows the parties to reach the agreements they can, and have resolution of the matters they cannot resolve by agreement

IV. Other Professionals – taking a page from the collaborative law practice | 5:20pm – 5:30pm

a. Must be neutral
b. Financial professionals
c. Divorce coaches
d. Child Specialists

Lunch break | 5:30pm – 6:00pm