Calendar Call

Latest Episodes:

Code of Evidence: The Structure Feb 18, 2020

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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. <a href="https://jud.ct.gov/Publications/Code2000_0218.pdf" target="_blank">Connecticut Code of Evidence</a>

A Primer on the Law Libraries Feb 03, 2020

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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. <a href="https://www.jud.ct.gov/lawlib/" target="_blank">Connecticut Judicial Branch Law Libraries</a> <a href="https://jud.ct.gov/LawLib/LawLibNews/" target="_blank">NewsLog</a> <a href="https://jud.ct.gov/lawlib/selfguides.htm" target="_blank">Research Guides</a>

Inside the Court Service Centers Jan 21, 2020

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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.<a href="https://www.jud.ct.gov/csc/default.htm" target="_blank">Court Service Centers</a>

An Introduction to the Code Of Evidence Jan 06, 2020

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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. <a href="https://jud.ct.gov/Committees/code_evidence/" target="_blank">Code of Evidence Oversight Committee of the Supreme Court</a> <a href="https://www.jud.ct.gov/Publications/code2000.pdf" target="_blank">Code of Evidence</a> <a href="https://www.cga.ct.gov/2014/sum/pdf/2014SUM00120-R01SB-00456-SUM.pdf" target="_blank">Summary of PA 14-120</a>

Season 2 Preview Dec 31, 2019

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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.

Limited Scope Representation in Practice Dec 23, 2019

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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: <a href="https://www.ctfairhousing.org/">https://www.ctfairhousing.org/</a> , 860-263-0731 The law firm of Pullman & Comley: <a href="https://www.pullcom.com/">https://www.pullcom.com/</a>

Nuts and Bolts of Limited Scope Representation Dec 09, 2019

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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: <a href="https://www.jud.ct.gov/WebForms/forms/CL121.pdf" target="_blank">Limited Appearance Form</a> <a href="https://www.jud.ct.gov/WebForms/forms/CL122.pdf" target="_blank">Certificate of Completion of Limited Appearance</a> General Provisions Sections in Connecticut Practice Book: <a href="https://jud.ct.gov/Publications/PracticeBook/PB.pdf#page=174" target="_blank">P.B. Sec 3-8(B), and 3-9(C)</a> <a href="https://jud.ct.gov/Publications/PracticeBook/PB.pdf#page=178" target="_blank">P.B. Sec 4-2(C), Ghost writing</a> Rules of Professional Conduct: <a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=11" target="_blank">Sec 1.0 Definitions</a> <a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=14" target="_blank">Sec 1.2 (C), Scope of Representation Rule</a> <a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=17" target="_blank">Sec 1.5 (B) and (D) Fees</a> <a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=54" target="_blank">Sec 4.2 Communications with Parties Represented by Counsel</a> <a href="https://www.jud.ct.gov/committees/access/" target="_blank">Access to Justice Commission</a>

Top 10 Ethical Pitfalls, pt. 2 Nov 25, 2019

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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.<a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=8" target="_blank">Rules of Professional Conduct</a>

Top 10 Ethical Pitfalls, pt. 1 Nov 13, 2019

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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 <a href="mailto:Statewide.Grievance@jud.ct.gov">Statewide.Grievance@jud.ct.gov</a>. 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: <a href="https://www.jud.ct.gov/podcast/Posts/Post.aspx?Id=7" target="_blank">Episode 5 – Opening and Maintaining a Clients’ Funds Account, Part 1</a> <a href="https://www.jud.ct.gov/podcast/Posts/Post.aspx?Id=9" target="_blank">Episode 6 – Opening and Maintaining a Clients’ Funds Account, Part 2</a> <a href="https://www.jud.ct.gov/Publications/PracticeBook/PB.pdf#page=8" target="_blank">Rules of Professional Conduct</a>

A Primer on Criminal Orders of Protection Oct 28, 2019

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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.<a href="https://www.jud.ct.gov/lawlib/Law/domesticviolence.htm" target="_blank">Law Librarians CT Law By Subject - Domestic Violence</a><a href="https://www.jud.ct.gov/lawlib/Law/victimsrights.htm " target="_blank">Law Librarians CT Law By Subject - Victims Rights</a>

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