Calendar Call: Recent Episodes
CT Judicial Branch
A Judicial Branch Podcast hosted by Mike Bowler. By listening to this podcast, attorneys can earn MCLE credits in Connecticut. Stay tuned for new Podcasts!
Episode 101: Pro Bono
This month on Calendar Call, Matt Berardino talks Pro Bono with Attorney Jenn Shukla, Director of Access to Justice Initiatives and Interim Director of DEI at the Connecticut Bar Association and Attorney Dan Brody, Co-Chair of the CBA’s Pro Bono Committee. Matt, Attorney Shukla, and Attorney Brody discuss a number of topics including why do pro bono, pro bono obligations, potential MCLE credits for pro bono, and critical areas of need for pro bono. Other topics include opportunities available through the CBA, training for practitioners, concerns and issues, as well as many resources available.
Rule 6.1 of Professional Conduct
CTbar.org/volunteer
Episode 100: Office of the Victim Advocate
This month on Calendar Call, Paul Bourdoulous talks with Attorney Natasha Pierre, the State Victim Advocate, about the work of the Office of the Victim Advocate. Paul and Attorney Pierre discuss what the OVA is, the role of the OVA, and constitutional rights of victims. Additional topics include interactions between the OVA and the various parts of government, common pitfalls, and advice to those who interact with victims.
CGS Sec. 1-1k
Office of the Victim Advocate
Episode 99 – Escheatment of Funds from Attorney IOLTA Accounts
This month on Calendar Call, Matt Berardino talks with Michelle Seagull, Assistant Treasurer for the State of Connecticut, and Elizabeth Rowe, First Assistant Bar Counsel for the Connecticut Judicial Branch, about the escheatment of funds from attorney IOLTA accounts. Matt, Michelle, and Elizabeth discuss the regulation of IOLTA accounts, common issues, and the process of escheatment. Additional topics include best practices, scenarios where escheatment would not be appropriate, and more.
Sec. 3-56a
CT Big List
Email: CTHolderReport@ct.gov or Call: 860-702-3293
Episode 98 – Americans with Disabilities Act (ADA)
This month on Calendar Call, Paul Bourdoulous talks with Sandra Lugo-Gines, Program Manager for the Superior Court Operations Division about the Americans with Disabilities Act with a specific focus on Title II and public services offered by the Connecticut Judicial Branch. Paul and Sandra discuss what the ADA is, the scope of disability, and the requirements of the Judicial Branch to comply with Title II. Additional topics include common services provided, requests for accommodation, service animals, and more.
Title II
ADA.gov
Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
Centralized ADA Office
Email: ADAprogram@jud.ct.gov or Call: 860-706-5310
Episode 97 – Basics of G.A. Practice
This month on Calendar Call, Matthew Berardino talks with Attorney Robert Dwyer about the basics of practice in Connecticut’s Geographical Area Courts. Matt and Attorney Dwyer discuss numerous topics including an overview of the process involving clients in criminal court, arraignments, protective orders, and plea bargains. Additional topics include diversionary programs, trials, jury selection, and more.
Episode 96 – Recent Changes to CT Paid Leave
This month on Calendar Call, Matthew Berardino once again engages in talks with Chief Executive Officer of the Connecticut Paid Leave Authority, Erin Choquette, about the recent updates to Connecticut Paid Leave. Matt and Erin discuss changes to municipalities, family violence, and employees of tribal governments and businesses. Matt and Erin also talk about recovering overpayments and the employers requirements.
P.A. No. 24-5
Episode 95 – Pretrial Services and Diversionary Programs
This month on Calendar Call, Paul talks with Robert Cristiano, Regional Manager in the Court Support Services Division about pretrial services and diversionary programs. Paul and Robert discuss what the pretrial services process entails, the many different diversionary programs offered, and resources that are available.
Special Sessions and Diversionary Programs
Episode 94 – Attorney Succession Planning
This month on Calendar Call, Matt talks with Attorney Elizabeth Rowe, First Assistant Bar Counsel, about attorney succession planning. Matt and Attorney Rowe discuss the first steps to winding down a practice, the types of retirements for attorneys, and options to consider when retiring. Additional topics include duties to former clients, plans for unexpected events, common mistakes, resources available, and more.
Retirement FAQ’s
Rules of Professional Conduct
Episode 93 – Attorney Regulation and Discipline
This month on Calendar Call, Paul talks with Attorney Christopher Slack, Statewide Bar Counsel and Attorney Brian Stains, Chief Disciplinary Counsel, in the Legal Services Unit of the Connecticut Judicial Branch. Paul and Attorney’s Chris Slack and Brian Staines discuss an overview of the Legal Services Unit as well as the process when an attorney has been grieved. Additional topics include advice to attorneys to avoid getting grieved, most common complaints and violations, and more.
CT Practice Book
Rule 1.15
Episode 92 – Municipal Liability
This month on Calendar Call, Matt talks with Attorney John Diakun, City Attorney for New Britain in the Corporation Counsel’s Office about municipal liability. Matt and Attorney Diakun discuss topics including what entails municipal liability, common issues, and exceptions. Matt and John talk about the many nuances of liability including defects, qualified immunity, and much more.
Sec. 52-557n
Sec. 10-220
Sec. 13a-149
42 U.S. Code § 1983
Episode 91 – Name, Image, Likeness (NIL) Pt. 2
This month on Calendar Call, Matt talks with Attorney Nate LaVallee in part 2 of the NIL podcast. Part 2 topics include practical advice for attorneys regarding NIL, issues regarding income and reporting requirements, as well as disclosure laws. Additional topics include NIL and Title IX, upcoming rule changes, and more.
House v. NCAA
Episode 90 – Name, Image, Likeness (NIL) Pt. 1
This month on Calendar Call, Matt talks with Attorney Nate LaVallee, Deputy General Counsel for UConn, about the evolving area of law concerning Name, Image, and Likeness rules for student athletes.Matt and Nate discuss what NIL is, the legal history of NIL, and cases that jump started NIL in college sports. Part 1 topics also include what states are doing regarding NIL laws and policies, NIL requirements across the board, collectives, and more.
O’Bannon v. NCAA
NCAA v. Alston
Episode 89 – Appellate Briefing
This month on Calendar Call, Matt talks with Attorney Luke Matyi, Assistant Clerk for Supreme and Appellate Courts about Appellate briefing. Matt and Luke discuss various topics including the Appellate process, changes to the rules, and content and formatting. Additional topics include reasons for return, deviation, and self-help resources.
CT Practice Book
Self-help Resources
Episode 8 – The Great Writ
This month on Calendar Call, Paul talks with Attorney Arnold Amore, Assistant Public Defender for the CT Innocence Project, Post-Conviction Unit about Habeas Corpus, commonly referred to as The Great Writ. Paul and Attorney Amore discuss what a Habeas is, the difference between an appeal and Habeas petition, and ineffective assistance of counsel cases vs lapse plea cases. Paul and Attorney Amore also talk about common mistakes that lead to ineffective assistance of counsel claims, what happens over the course of a Habeas proceeding, the role of the Public Defender in the Post-Conviction Unit, and more.
Artl.S9.C2.1 Suspension Clause and Writ of Habeas Corpus
Connecticut Constitution, Article 1, Sec. 12
Amdt6.6.5.1 Overview of the Right to Effective Assistance of Counsel
Magna Carta: Muse and Mentor
Habeas Corpus FAQ
Episode 87 – Healthcare Advance Directives
This month on Calendar Call, Matt talks with Probate Court Administrator, Judge Beverly Streit-Kefalas, about Healthcare Advance Directives. Matt and Judge Streit-Kefalas discuss the purpose of advance directives, execution requirements, and issues clients might face. Additional topics include incapacity, revocation, conservators, and more.
CGS 19A-570 through 580(i)
Rule 1.14
Rule 1.2
In Re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976)
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990)
Bush v. Schiavo, 885 So. 2d 321 (2004)
Episode 86 – Office of Victim Services
This month on Calendar Call, Paul talks with Mary Kozicki, Director of Victim Services for the Connecticut Judicial Branch. Paul and Mary discuss the many services within OVS including the Victim Compensation Unit, the Victim Services Unit, the Sexual Assault Forensic Examiners Program, the Fiscal Administrative Unit, and the Training and Education Unit.
OVS Homepage
CT SAVIN
Victim Services Unit
Episode 85 – Connecticut Unfair Trade Practices Act (CUTPA)
This month on Calendar Call, Matt talks with Attorney Scott Madeo at the Department of Consumer Protection and Attorney Jeremy Pearlman at the Division of Enforcement and Public Protection. Matt, Scott, and Jeremy discuss the complaint process, investigation, and enforcement. Additional topics include the hearing process, state vs. private actions, jurisdiction, and the statute of limitations.
CUTPA
CGS Sec. 42-110
Per Se CUTPA Violations
Department of Consumer Protection
Episode 84 – Small Claims
This month on Calendar Call, Paul talks with Attorney Yujia (Julia) Xia, Program Manager for the Superior Court Operations Division, about the process of small claims, the scope that is covered, and the differences between traditional civil matters and small claims actions. Included in this podcast is a brief history of small claims in CT, the Online Dispute Resolution Program, updates and changes, and more.
CGS Sec. 47a-21 Security Deposits
2023 CT Practice Book Ch. 24, pg. 289 Small Claims
Small Claims FAQ’s
Episode 83 – Temporary Restraining Orders and Civil Protection Orders
This month on Calendar Call, Matt talks with Johanna Greenfield, Deputy Director of Court Operations for the Family Division, and Rebecca Schmitt, Deputy Director of Court Operations for the Civil Division about temporary restraining orders and civil protection orders respectively. Matt, Johanna, and Becky discuss distinct situations for filing a TRO vs a CPO, the application process, and possible relief outcomes. Additional topics include coercive control, stalking, resources for applicants, and much more.
CT Gen. Statutes on Orders of Protection and Relief
Episode 82 – Office of the Healthcare advocate
This month on Calendar Call, Matt talks with Attorney Sean King, General Counsel at the Office of the Healthcare Advocate, about the duties and services of the OHA, common issues, and health insurance denials. Matt and Attorney King discuss recent legislation, other comparable state agencies, and resources for consumers.
P.A. 99-284
P.A. 22-47
H.B. 6669
OHA
Episode 81 – Cannabis Erasure
This month on Calendar Call, Paul talks with Attorney Ralph Dagostine, Deputy Director of Criminal Matters for the Connecticut Judicial Branch, about Cannabis Erasure. Paul and Attorney Dagostine discuss the new law, automatic erasures versus erasures by petition, and various nuances. Additional topics between Paul and Ralph are what happens to the record, clean slate, and more.
CGS Sec. 21a-279c
Episode 80 – Connecticut Paid Leave
This month on Calendar Call, new co-host Matthew Berardino engages in talks with Chief Executive Officer of the Connecticut Paid Leave Authority, Erin Choquette. Matt and Attorney Choquette engage in discussions about the similarities and differences between FMLA and CT Paid Leave. Matt and Erin discuss requirements, the application process, the appeal process and more.
S.B. 1179
P.A. 19-25 as amended by P.A. 19-117 (sections 232 through 235)
Episode 79 – Connecticut Parentage Act
This month on Calendar Call, new co-host Paul Bourdoulous engages in talks with Professor Douglas NeJaime of Yale Law School on the Connecticut Parentage Act. Paul and Doug discuss parentage in Connecticut before and after the CPA, the Uniform Parentage Act, and the many different parent-child paradigms the CPA entails. Other topics include the history of what brought this act forward along with other states that have adopted similar laws.
Public Act No. 21-15
Uniform Parentage Act
Episode 78 – Cybersecurity, Data Privacy, Data Protection Pt. 3
This month on Calendar Call, Mike continues talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. The final part in this series includes discussions about ABA Formal Opinion 477R; Securing Communication of Protected Client Information and 483; Lawyers’ Obligations after an Electronic Data Breach or Cyberattack. Other topics include language used in fee agreements, email systems, virtual law firms, and more.
ABA Formal Opinion 477R
ABA Formal Opinion 483
Rule 1.4
Episode 77 – Cybersecurity, Data Privacy, Data Protection Pt. 2
This month on Calendar Call, Mike continues talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. Part 2 of this series include discussions about safeguarding social security numbers, breach of computerized data containing personal information, competence, confidentiality, and House Bill 6607; An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses.
CGS Sec. 52-471
CGS Sec. 36a-701b
House Bill 6607
Rule 1.1
Rule 1.6
Episode 76 – Cybersecurity, Data Privacy, Data Protection Pt. 1
This month on Calendar Call, Mike talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. Mike, Dena, and Tara identify and define the terms Cybersecurity, Data Privacy, and Data Protection. Additional topics in part 1 of this series include biometric data, comprehensive consumer data privacy legislation, and safeguarding personal information.
Episode 75 – Lawyers Concerned for Lawyers Updates
This week on Calendar Call, Mike talks with Attorney David Williams, Executive Director of Lawyers Concerned for Lawyers, about LCL updates since 2019 and the services it provides. Mike and Attorney Williams discuss the LCL mission, where to go for LCL services, what to expect as a participant, the updated website, and much more following the impact from COVID.
Lawyers Concerned for Lawyers
Episode 74 – GAL/AMC Training
This week on Calendar Call, Mike talks with Attorney Susan Hamilton and Attorney Damon Goldstein about GAL/AMC training. Mike, Attorney Hamilton, and Attorney Goldstein discuss the role of a GAL/AMC, the evolution of training from pre pandemic to what it looks like today, fees and contracts, as well as why lawyers should get on the list.
P.B. Sec. 25-62
Episode 73 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 4.
This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. On the final part of this series, Mike and Attorney Atkins discuss scope, do’s and don’ts, joint representation, termination of representation, and much more.
Episode 72 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 3.
This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. On part 3 of this series, Mike and Attorney Atkins continue to discuss controlling expectations, minimizing dissatisfied customers, and minimizing claims.
Episode 71 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 2.
This week on Calendar Call, Mike continues to talk with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. Mike and Attorney Atkins discuss the scope, structure, and reasonable fees of the client engagement agreement.
Episode 70 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 1.
This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. Mike and Attorney Atkins discuss the initial client conference, screening for conflicts, reasons for disputes, and more.
Episode 69 – Child Protection Matters
This week on Calendar Call, Mike talks with the Honorable Dawne Westbrook about Child Protection Matters. Mike and Judge Westbrook discuss an overview of the Juvenile Court. They discuss delinquency matters and child protection matters. Additionally, they discuss the role of the Department of Children and Families and more.
Episode 68 – Workers’ Compensation Pt. 4
This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers’ compensation. This is the final part in a four-part series. Mike and Attorney Maurizio discuss claims regarding permanent and total disability, disfigurement and scarring, and even death. They discuss reasonable and necessary care as well as curative vs palliative treatment. Additionally, they discuss the role of the workers’ compensation commission and hearing processes.
Episode 67 – Workers’ Compensation Pt. 3
This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers’ compensation. Mike and Attorney Maurizio continue walking through a chronological handling of a claim. They discuss categories of benefits and impairment ratings.
Episode 66 – Workers’ Compensation Pt. 2
This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers’ compensation. Mike and Attorney Maurizio discuss COVID 19 and occupational disease and the statute of limitations for workers’ compensation claims. They also discuss the difference between employees and contractors and begin going through a chronological handling of a claim.
Episode 65 – Workers’ Compensation Pt. 1
This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers’ compensation. Mike and Attorney Morizio discuss the history of the workers’ compensation act and define what a workers‘ compensation claim is. This is the first of a multi-part series, which was recorded at the request of a listener.
Episode 65 – Workers’ Compensation Pt. 1
This week on Calendar Call, Mike talks with Attorney Lawrence Maurizio about worker’s compensation. Mike and Attorney Maurizio discuss the history of the workers’ compensation act and define what a workers compensation claim is.
This is the first of a multi-part series, which was recorded at the request of a listener.
Episode 64 – Divorce Mediation Pt. 2
This week on Calendar Call, Mike talks with attorneys Deborah Noonan and Frances Calafiore in this second episode of our two-part series on divorce mediation. Attorneys Noonan and Calafiore talk about the screening process to start a couple down the path of mediation and the process of mediation once a couple has retained a mediator.
Episode 63 – Divorce Mediation Pt. 1
This week on Calendar Call, Mike talks with attorneys Deborah Noonan and Frances Calafiore about divorce mediation. This is the first part in a two-part series. After defining divorce mediation, Deb and Fran discuss mediation training for attorneys and what makes a good mediator. There is a discussion about who mediation is good for and what makes a successful mediation. Additionally, Deborah and Frances weigh in on consulting counsel, having realistic expectations and how do people find out about mediation.
Connecticut Council For Non-Adversarial Divorce
Episode 62 – Collaborative Divorce pt. 2
This week, Mike talks with Attorney Eva DeFranco and Dr. Elizabeth Thayer about the collaborative divorce process. In this second episode on collaborative divorce, Eva and Liza define the members of the team and what is involved in a six-way meeting. Lastly, they discuss benefits to virtual meetings and how collaborative divorce compares to other methods of divorce in terms of time and money.
Episode 61 – Collaborative Divorce pt. 1
This week, Mike talks with Attorney Eva DeFranco and Dr. Elizabeth Thayer about the collaborative divorce process. This is the first of a two-part series. After defining collaborative divorce the panel discusses how divorcing parties start the collaborative divorce process and what kind of divorcing couples are a good fit for collaborative divorce.
Episode 60 – Identifying and Using Expert Witnesses Pt. 4
This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the final part in a four-part series. Attorney Amarante and Mike get into the specifics of being on trial and calling on your expert witness to testify. Finally, Mike and Erika go through the sections in the Code of Evidence that cover expert witnesses and the use of objections at trial.
Episode 59 – Identifying and Using Expert Witnesses Pt. 3
This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the third part in a four-part series. Attorney Amarante discusses taking and defending expert depositions. Attorney Amarante talks about experts who are not board certified, defending the deposition of your own expert and using technology for the testimony of expert witnesses.
52-184C - Standard of care in negligence against health care provider
Episode 58 – Identifying and Using Expert Witnesses Pt. 2
This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the second part in a four-part series. Attorney Amarante discusses how to handle "hired gun" experts, expert fees, consulting experts versus testifying experts and first steps after an expert has reviewed a case.
Practice Book Section 13-4 - Experts
Episode 57 – Identifying and Using Expert Witnesses Pt. 1
This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. Erika explains what experts are used for in preparation for trial and at trial, as well as qualities of a good expert and identifies when experts are good to have and when they are required. Lastly, Mike and Erika discuss how to find an expert, reusing experts and when to bring an expert onto your case.
Episode 56 - Housing Court During the Pandemic and Executive Order 12D Pt. 2
This week on Calendar Call we have the second of a two-part series in which Mike discusses changes in the housing court process and the effects of Executive Order 12D with Presiding Judge of Housing in Fairfield and Stamford, Walter Spader and Deputy Director II of Superior Court Operations, Nancy McGann.
Episode 55 - Housing Court During the Pandemic and Executive Order 12D Pt. 1
Episode 55 - Housing Court During the Pandemic and Executive Order 12D
This week on Calendar Call we have the first of a two-part series in which Mike discusses changes in the housing court process and the effects of Executive Order 12D with Presiding Judge of Housing in Fairfield and Stamford, Walter Spader and Deputy Director II of Superior Court Operations, Nancy McGann.
Calendar Call Episode 7 - Housing and Small Claims
Episode 54 - Conducting a Residential Real Estate Closing in CT Pt. 2
This week on Calendar Call, Mike is discussing the ins and outs of residential real estate closings with Attorney Richard Florentine. We finish this series discussing the responsibilities of the attorney for the seller, short sales and getting to closing.
Episode 53 - Conducting a Residential Real Estate Closing in CT Pt. 1
This week on Calendar Call, Mike is discussing the ins and outs of residential real estate closings with Attorney Richard Florentine. The first part of this discussion focuses on the responsibilities of an attorney for the purchaser of residential real estate. Next episode will cover the responsibilities of the attorney for the seller.
Episode 52 – Rule 1.15 Liens and Other Interests in Personal Injury Cases Pt. 2
This week, Mike is finishing his discussion with Lincoln Woodard, principal in the firm Walsh Woodard LLC, about Rule 1.15 liens and other interests in personal injury cases. They cover Rule 1.15 and the commentary before covering 5 examples that you may come across in your personal injury practice.
Episode 51 – Rule 1.15 Liens and Other Interests in Personal Injury Cases
This week, Mike is talking with Lincoln Woodard, principal in the firm Walsh Woodard LLC, about Rule 1.15 liens and other interests in personal injury cases. They cover Rule 1.15 and the commentary before covering 5 examples that you may come across in your personal injury practice. This is the first part of a two-part series.
Episode 50 – Having Difficult Conversations with Clients and Others
This episode is the last in a series between Mike and Doug Brown, an attorney and executive coach. Mike and Doug talk finally about having difficult conversations with clients, staff and others. Doug shares tools for attorneys to have those hard conversations, even if you are someone who avoids conflict.
Tame Your To-Do List and Take Control & Say No Without Being Negative
Episode 49 – How To Avoid Common Mistakes Made By Appellate Attorneys Pt. 2
This week, Mike finishes up his conversation with Attorney Carl Cicchetti, chief clerk of the appellate system about common mistakes made by appellate attorneys. This is the second part of a two-part series and this week they discuss transcripts, new readability requirements for appellate briefs, procrastination, being prepared and knowing the panel who will be hearing your case.
Episode 48 – Beating Burnout
This week Mike meets back up with Doug Brown, an attorney and executive coach. Mike and Doug talk about attorney burnout: what is it, strategies for avoiding burnout and resources if you are feeling burned out.
Episode 47 – How To Avoid Common Mistakes Made By Appellate Attorneys Pt. 1
This week, Mike talks with Attorney Carl Cicchetti, chief clerk of the appellate system about common mistakes made by appellate attorneys. This is a two-part series and this week they discuss proofreading, consulting current reference materials, being in the moment and tracking deadlines.
Episode 46 – Organizing Your Practice for Maximum Success
Mike sits down with Connecticut attorney and executive coach Doug Brown to talk about the organizational side of the practice of law. Doug shares tips and tricks to optimize your time, make your schedule work for you and learn to focus on the most important aspects of your practice.
Tame Your To-Do List and Take Control & Say No Without Being Negative
Episode 45 – Conservatorships in Connecticut
This time on Calendar Call, Mike and Probate Court Administrator Beverly K. Streit-Kefalas discuss the ins and outs of conservatorships in Connecticut. From the average conserved person, to the role of attorneys in conservatorships, this is a deep dive into the process in Connecticut Probate Court.
Episode 44 – New Practice Book Section Re: Attorney Registration and MCLE
Today, Mike and Alison discuss a revision to the practice book rules regarding MCLE and Attorney Registration. Beginning on January 1, 2022, attorneys who have not registered and/or who have not completed their MCLE are subject to administrative suspension until compliance with the rule can be shown.
Episode 43 – Social Media Dos and Don’ts Pt. 3
This is the third and final part of our three part series on social media and, more broadly, technology Dos and Don’ts. This week, Mike discusses the use of email security, texting and remote video technology with attorneys Stephen J. Conover, Marcy Tench Stovall and Brendon P. Levesque.
Episode 42 – Social Media Dos and Don’ts Pt. 2
This is the second part of a three part series on social media and, more broadly, technology Dos and Don’ts. This week, Mike discusses the use of technology to research opponents in litigation, preservation of evidence and advertising on social media with attorneys Stephen J. Conover, Marcy Tench Stovall and Brendon P. Levesque.
Episode 41 – Social Media Dos and Don’ts Pt. 1
This is the first part of a three part series on social media and, more broadly, technology Dos and Don’ts. This week, Mike discusses the impact of the Rules of Professional Conduct on an attorney’s interaction with technology as well as personal and professional use of social media with attorneys Stephen J. Conover, Marcy Tench Stovall and Brendon P. Levesque.
Episode 40 – Jury Selection Task Force Pt. 2
In this episode of Calendar Call, Mike sits down with Chief Justice Richard A. Robinson, former Chief Justice Chase T. Rogers and Judge Omar Williams to talk about the Jury Selection Task Force. In this final part of the podcast, they discuss the Juror Summoning Subcommittee and the Juror Outreach & Education Subcommittee.
Jury Selection Task Force Final Report
An Act Concerning The Recommendations Of The Jury Selection Task Force.
Episode 39 – Jury Selection Task Force Pt. 1
In this episode of Calendar Call, Mike sits down with Chief Justice Richard A. Robinson, former Chief Justice Chase T. Rogers and Judge Omar Williams to talk about the Jury Selection Task Force. They discuss the history of Batson v. Kentucky and the decision from State v. Holmes. They also discuss two subcommittees from the Task Force: the Implicit Bias in the Jury Selection Process and Batson Challenges Subcommittee and the Data, Statutes & Rules Subcommittee.
Episode 38 – Revisions to the Connecticut Practice Book 2021
This week, Mike discusses changes to the Connecticut Practice Book with Attorney Joseph Del Ciampo, director of Legal Services. They discuss the effects of the pandemic on the rules-making process and the resulting new and amended rules that have been published in the Practice Book.
This podcast counts for 45 minutes toward the ethics/professionalism requirement for attorneys.
Episode 37 - Code of Evidence: Materiality and Relevance Pt. 1
This week in our continued dive into the Code of Evidence, Mike and Judge Prescott are talking about materiality and relevance. They will define each term and explain the difference between the two. They also discuss relevant inferences, successive inferences and adverse inferences. Judge Prescott also touches on cumulative evidence, character evidence and propensity evidence.
Note to Our Listeners:
We're back! We have resumed recording Calendar Call virtually and will be releasing episodes on a less strict schedule than our every-other-week pre-pandemic schedule. Thank you so much for bearing with us, we hope you're all well. Now, on with the show!
Episode 36 - Succession Planning
This week, Mike talks with Judge Kimberly Knox about everything lawyers need to know about succession planning. Who should have a plan in place? What kinds of things should that plan entail? Who needs to know about the plan?
To our listeners:
We would like to thank you all for listening to our podcast. We want to let you know that we have stopped production of Calendar Call until further notice. We have a list of topics we hope to tackle when we get back, so please keep an eye out for new episodes and e-mail us at CalendarCall@jud.ct.gov if you have suggestions for future episodes.
Be well and thank you for your continued support.
Sincerely,
Mike Bowler and Alison Chandler
Episode 35 – Code of Evidence: Hearsay Pt. III
In this final episode on hearsay and its exceptions, Mike and Judge Prescott discuss the exceptions in which the declarant’s availability is required or not required. Before diving into the exceptions in which the declarant’s availability is required, Mike and Judge Prescott discuss business records and photographs.
Exceptions when the declarant’s availability is required:
Prior inconsistent statements (State v. Whalen)
Identification of a person
Exceptions where the declarant must be unavailable:
Former testimony
Dying declaration
Statement against civil interests
Statement against penal interest
Private boundary dispute
Reputation of a past generation
Statement of pedigree and family relationships
Forfeiture by wrongdoing
Lastly, they discuss the residual exception and the tender years exception.
Episode 34 – Code of Evidence: Hearsay Pt. II
This week, Mike and Judge Prescott move on from the definition of hearsay into some of its many exceptions. The exceptions to the hearsay rule are set up by delineating whether the declarant’s availability is required, not required or if the declarant’s availability is immaterial. Judge Prescott lays out the policy reasons for having exceptions in the first place then delves into the exceptions.
In this episode they discuss the following exceptions in which a declarant’s availability is immaterial:
A statement by a party opponent.
A spontaneous utterance
A statement for purposes of obtaining medical diagnosis or treatment
Recorded recollection
Public records and reports
Statements in ancient documents
Published compilations
Statement in a family Bible
Personal identification
Statements in learned treatises
Sec. 8-3. Hearsay Exceptions: Availability of Declarant Immaterial
Episode 33 - Code of Evidence: Hearsay Pt. I
This week in our continued dive into the Code of Evidence, Mike and Judge Prescott are talking about the hearsay rule. The Code of Evidence defines hearsay as, “a statement other than one made by the declarant while testifying at the proceeding offered in evidence to establish the truth of the matter asserted.”
The Code defines a statement as, “any written or oral assertion, or nonverbal conduct of a person, if it is intended by the person as an assertion.” The important thing here is the subjective intent of the declarant in whether or not they intend the statement to be an assertion.
An assertion is a communication, made by a person, which is intended to convey information.
When it comes to “the truth of the matter asserted,” you need to look at why the statement is being offered. If it is being offered as proof of the contents of the statement, then it is hearsay.
What we are really after in this analysis is if the statement is hearsay because if it is hearsay, there are concerns about its reliability.
Episode 32 – Jury Administration
This week, Mike sits down with Esther Harris to discuss how juries are summoned in Connecticut. The Jury Administrator is responsible for summoning jurors and making sure the jurors are qualified to serve on a jury. The names of potential jurors are compiled from four source lists. Those lists come from the Department of Revenue Services, the Department of Labor, the DMV and the registrar of voters. Each year, more than a half million people are summoned to serve on a jury in Connecticut. This is how those jurors are summoned.
Episode 31 – What Are Incubator Programs (and Who Are They For)?
In this week’s episode, Mike talks with attorneys Alicia Kinsman of The Justice Legal Center at The Center for Family Justice, Inc. and Eva Jacobson of the Connecticut Community Law Center. Attorneys Kinsman and Jacobson describe their path to the incubator programs and how they learned incubators are not solely for new practitioners. Both attorneys had established careers before entering their respective programs with the hopes of transitioning to solo practices.
This week’s episode lays out a road map for attorneys interested in working with the incubator programs.
Connecticut Community Law Center
Mark Schreier – 860-570-5156
Law Offices of Eva Jacobson PLLC
The Justice Legal Center at The Center for Family Justice, Inc.
Jennifer A. Ferrante – 203-334-6154 ext. 165
Episode 30 – Code of Evidence: The Structure
This episode focuses on the structure and overview of the code. In this episode, Mike and Judge Prescott don’t dive deep into the code, but talk broadly about how the code interacts with statutes, Practice Book sections and the Connecticut Constitution.
The code applies to all proceedings in the Superior Court in which facts in dispute are to be found. There are currently seven instances in which the code does not apply to Superior Court proceedings in which facts in dispute are to be found. Grand jury proceedings and proceedings involving sentencings are two examples of these exceptions.
Tidbits from this episode:
When the Code of Evidence applies in a certain proceeding, it gives way to statutes, practice book provisions and constitutional provisions if there is any conflict or if any of those other sources of law say that they apply.
The commentary for the Code of Evidence is “official.” As such, the commentary is an important source of information as to how the actual Code provisions should be interpreted.
The savings clause is a recognition by the adopters of the code that there will be gaps in the code.
Episode 29 – A Primer on the Law Libraries
The Judicial Branch has twelve Law Libraries, which are run by a staff of expert librarians who are there to help members of the bar and the public. In this episode of Calendar Call, Mike talks with Christopher Roy, who is the law librarian in the New Britain Judicial District Law Library. The work of a law librarian now is largely about curating the enormous amount of information that is available to the public through not only the books resources, but the online resources as well.
In addition to the resources available at the law libraries are the resources on the website. The librarians curate a blog, which covers new Supreme and Appellate opinions, updates to research guides and the Connecticut Law Journal. The librarians also produce about 80 legal research guides, which are updated annually.
Episode 28 – Inside the Court Service Centers
In this episode, Attorney Alexandra Gillett, program manager for the Superior Court Operations division of the Judicial Branch, describes the many services provided by the Court Service Centers to members of the bar and the public. The service centers are in place to provide resources and assistance to court patrons and increase access to court services and information through technology, user-friendly products and personable staff.
Episode 27 – An Introduction to the Code Of Evidence
We start season 2 with the first episode of a multi-part series on the Code of Evidence featuring Appellate Court Judge Eliot Prescott. The first episode will provide an overview of the history and background of the code of evidence. The next episode will give a rough overview of the code and its structure. With our remaining episodes, we will dive deeper into the substance of the code with episodes on hearsay, witnesses and relevancy. We’ll end our series with a dos and don’ts podcast and highlight a few examples of common evidentiary problems.
The code of evidence has its roots in common law dating back to our time as a colony. Over the last two-hundred years, the code has grown with statutory enactments. In 1975, the federal rules of evidence were codified for the first time. Following that, Connecticut began considering adopting its own code of evidence that would be easy to access. Early on, the plan for the code was that it would be a statute that contained all the rules of evidence. Once the process got underway, it became clear that the Judicial Branch would be better suited to make changes to the code than to undergo the process that would be required to change a statute. As such, the code was turned over to the judges of the Superior Court.
Currently, the ultimate authority on the rules of evidence in Connecticut is the Supreme Court.
Season 2 of Calendar Call will kick off with the first episode of a multi-part series on evidence featuring Appellate Court Judge Eliot Prescott. We will also have episodes about Jury Administration and legal incubators, among other topics. If you have suggested topics, please e-mail us at CalendarCall@jud.ct.gov.
Episode 26 – Limited Scope Representation in Practice
Attorney Michael Bowler, Statewide Bar Counsel and Counsel to the Minimum Continuing Legal Education Commission, interviews Attorney Jeff Gentes from the Connecticut Fair Housing Center and Attorney Campbell Barrett from the Law firm of Pullman & Comley on the importance, concerns, complications, and applicability of the Limited Scope of Representation in different legal practices in Connecticut, from marital law to housing.
Mike’s Practice Tips: Every fee agreement should be tailored to the exact issue the LSR is going to involve.
Have an understanding of what you’re signing up for.
If you don’t know the subject area, Limited Scope Representation is not going to help you.
Resources from this episode:
Connecticut Fair Housing Center: https://www.ctfairhousing.org/ , 860-263-0731
The law firm of Pullman & Comley: https://www.pullcom.com/
Episode 25 – Nuts and Bolts of Limited Scope Representation
Attorney Damon Goldstein, Caseflow Management Specialist from Judicial Branch Court Operations, explains Limited Scope Representation in Connecticut, including how it came to be, the different types of LSR and how LSR can be used by attorneys. The different types of Limited Scope Representations are: appearances, counseling, coaching and ghost writing. Appearances can be self-explanatory, but the other areas are a bit more nuanced. For example, counseling is different from coaching in that counseling is generally advisory, whereas coaching is an explanation of a procedural nature. Some examples of coaching are how to examine a witness and how to introduce an exhibit. Lastly, ghost writing is something that is not allowed in other jurisdictions, but is allowed in Connecticut with a notation that a document was prepared with the assistance of counsel.
Mike’s Rule to Remember: Don’t assume that just because there’s a self-represented party appearance that gives you the right to talk to that party about the case.
Resources from this episode:
Certificate of Completion of Limited Appearance
General Provisions Sections in Connecticut Practice Book:
P.B. Sec 4-2(C), Ghost writing
Rules of Professional Conduct:
Sec 1.2 (C), Scope of Representation Rule
Episode 24 – Top 10 Ethical Pitfalls, pt. 2
Attorney Michael Bowler, Statewide Bar Counsel and Counsel to the Minimum Continuing Legal Education Commission, discusses the top 10 ethical pitfalls that new lawyers stumble into.This is part two of a two-part series. The ethical pitfalls discussed in this episode are: competency, civility, personal conduct and confidences.
Mike’s Practice Tips: The commentary to Rule 1.1 requires that attorneys should be competent in technology.
Episode 23 – Top 10 Ethical Pitfalls, pt. 1
Attorney Michael Bowler, Statewide Bar Counsel and Counsel to the Minimum Continuing Legal Education Commission, discusses the top 10 ethical pitfalls that new lawyers stumble into. This is part one of a two-part series. The pitfalls in this episode are: financial matters, fees and fee agreements, electronic communications and social media, non-electronic communications and diligence.
Mike’s Practice Tips: If you are hopelessly lost in trying to maintain your trust account, hire an accountant or book keeper to do it for you. A list of book keepers is held by the Statewide Grievance Committee. The Committee can be reached by phone at 860-568-5157 or by e-mail at Statewide.Grievance@jud.ct.gov.
Having a calendar and being organized with your calendar is a time tested and true method for staying on top of diligence issues.
A good support person is worth his or her weight in gold. And will help with timely communications and deadlines.
Resources from this Episode:
Episode 5 – Opening and Maintaining a Clients’ Funds Account, Part 1
Episode 6 – Opening and Maintaining a Clients’ Funds Account, Part 2
Episode 22 – A Primer on Criminal Orders of Protection
Deputy Director of Criminal Matters in the Superior Court Operations Division Ralph Dagostine outlines the different criminal orders of protection. He explains how and when these orders are put in place, how they come to an end and who might be affected by them.
Episode 20 – Probate Court Basics
Probate Court Administrator Beverly Streit-Kefalas discusses the history and functions of the Connecticut Probate Courts. Although many people associate the Probate Court with wills and estates, the function is far broader and includes things such as conservatorships, change of name, adoption proceedings and emancipation of minors. Judge Streit-Kefalas touches on these topics and more in this extended podcast.
Episode 20 – Courthouse Security
O’Donovan Murphy, Director of Judicial Marshal Services, discusses the role of courthouse marshals, and security at Connecticut’s courthouses.
Attorney Damon Goldstein, liaison for the Standing Committee on Guardians Ad Litem and Attorneys for the Minor Child in Family Matters, describes the process by which a GAL or AMC can be removed from the list of approved GAL/AMCs in Connecticut.
Complaint forms and other information can be found at the following links:
Standing Committee on Guardians Ad Litem and Attorneys for the Minor Child in Family Matters
Episode 18 – Connecticut Practice Book Amendments
Attorney Joseph Del Ciampo, Director of Legal Services and Counsel to the Rules Committee of the Superior Court, joins Mike to discuss recent amendments to the Connecticut Practice Book adopted by the Judges of the Superior Court.
Connecticut Practice Book Revisions
This podcast counts for 29 minutes toward the ethics/professionalism requirement for attorneys.
Episode 17 – Sealing Under Local Federal Rule 57
Attorney Allison Near of the Federal Defenders’ Office, discusses the process for sealing materials in federal criminal litigation pursuant to Rule 57 of the Local Rules of Criminal Procedure.
Episode 16 – Personal Identifying Information, Using Pseudonyms, Lodging and Sealing
Attorney Robert Wilock, Chief Clerk for the Fairfield Judicial District, discusses limitations on the use of personal identifying information in court, the proper use of anonymous complaints using pseudonyms and the processes to lodge and seal documents.
Connecticut Practice Book Sec. 7-4B Motion to File under Seal
Connecticut Practice Book Sec. 7-4C Lodging a Record
Connecticut Practice Book Sec. 11-20B Documents Containing Personal Identifying Information
Connecticut Practice Book Sec. 25-59B Documents Containing Personal Identifying Information
Attorney Beth Griffin, Executive Director of Lawyers Concerned for Lawyers, discusses the history and scope of the LCL program in Connecticut. http://www.lclct.org/.
Attorneys Viviana Livesay and Lori Petruzzelli of the Judicial Branch Legal Services Unit, discuss the basics of copyright law and the Fair Use doctrine.
https://www.copyright.gov/fair-use/
Episode 13 – Simplified Divorce
Johanna Greenfield, Deputy Director for Judicial Branch Court Operations, discusses the simplified divorce process in Connecticut.
Episode 12 – Filing an Appeal
Attorney Carolyn Ziogas, Chief Clerk for the Appellate and Supreme Courts, discusses the mechanics of filing an appeal, including the ever increasing role of E-Services in the process.
https://jud.ct.gov/Publications/PracticeBook/PB.pdf#page=434
https://www.jud.ct.gov/lawjournal/Docs/Misc/2018/26/pblj\_7952.pdf
https://jud.ct.gov/HomePDFs/rules\_app\_102618.pdf
https://jud.ct.gov/Publications/Handbook\_Ap\_proc.pdf
Attorney Nancy McGann of the Court Operations Unit discusses the history, process, and success of the Judicial Branch’s foreclosure mediation process and the role of committees for foreclosure.
https://www.cga.ct.gov/2015/pub/chap\_846.htm#sec\_49-31k
https://www.jud.ct.gov/foreclosure/
https://jud.ct.gov/external/super/E-Services/efile/foreclosure\_ad\_inst.htm
https://www.jud.ct.gov/lawlib/law/foreclosure\_mediation.htm
Attorney John DeMeo, chief staff attorney for the Supreme and Appellate courts, discusses the role of his office in the appellate process and what it means to have an appealable "final judgment."
https://www.cga.ct.gov/current/pub/chap\_902.htm#sec\_52-263
https://jud.ct.gov/Publications/PracticeBook/PB.pdf#page=434
https://www.jud.ct.gov/lawjournal/Docs/Misc/2018/26/pblj\_7952.pdf
https://jud.ct.gov/HomePDFs/rules\_app\_102618.pdf
https://law.justia.com/cases/connecticut/supreme-court/1983/11535-2.html
http://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=55150&Type=PartyName
http://appellateinquiry.jud.ct.gov/CaseDetail.aspx?CRN=59690&Type=PartyName
Attorney Paul Bourdoulous, director of Support Enforcement Services for the Judicial Branch, discusses the basics of child support enforcement and the IV-D program.
Attorney Michele Morris, permanent law clerk to the Connecticut Supreme Court, discusses the analysis used by the Connecticut courts for statutory construction. Statutory Construction Podcast Information
Episode 7 – Housing and Small Claims
Roberta Palmer, former Deputy Director of Court Operations, discusses housing session procedure, the housing mediation process and the small claims process.
Housing Procedure, https://www.cga.ct.gov/2015/pub/chap\_834.htm
https://www.jud.ct.gov/housing.htm
Small Claims Procedure, https://www.jud.ct.gov/Publications/PracticeBook/P...