CASEYFRANK

Family Law

Nina was married for several years and had a small child. Her marriage was ending, and she needed help in navigating the minefields on the road to divorce.

My approach is always to firmly and relentlessly advocate for her - but only while avoiding inflaming her husband and his attorney. Civility and consideration for all parties serves everyone. No one "wins" a divorce. But if divorce undertaken in a mean-spirited manner everyone loses more than their marriage - also their equilibrium and their mental health.

Peter's marriage was ending, and he was especially concerned that his soon-to-be ex-spouse would file for bankruptcy. Bankruptcy has been used as a weapon in the war of the sexes, and he wanted to protect himself from any possible consequences.

If Peter's wife, in the divorce settlement, retained the family home, and Peter received a promissory note in return, the note may later be discharged in bankruptcy, while the home could be kept, at least as to the homestead exemption. We helped Peter structure the settlement to make it resistant to such maneuvers.

I represent clients facing many family law issues, including divorce, property settlements, child custody disputes, modification of child support and spousal maintenance, and prenuptial agreements. I also obtain restraining orders in cases of physical abuse, and litigate contempt actions. I also handle adoptions.

Health Care Law

Mary had several frozen embryos created with her ex-husband. She wanted to use them personally after the divorce because they were so difficult and expensive to create. Failing that, she wanted to donate them to someone who would use them. Her ex-husband wanted them destroyed.

The family and probate courts across the U.S. have struggled with this issue. In this case, a compromise was reached, where the embryos were donated to a fertility clinic, which could donate them to another couple or as a last resort use them for research.

A family physician, Jim, asked: "My patient just told me her boyfriend murdered someone. Do I have to call the police, can I call the police, should I call the police?"

Should is a moral question, but the first two are governed by laws surrounding the confidentiality of personal medical information. In this case, the information did not warn of a future crime, requiring disclosure, but it was given gratuitously, not for the purpose of treatment, so it was not confidential in the first place. Thus the physician could report it, but did not have to.

Another family physician, Helena, had a teen aged patient with one kidney who wanted to play football. She asked: "Does the Americans with Disabilities Act require me to certify my patient as able to play?"

The ADA requires reasonable accommodation, so for example, if the patient would be safe playing while wearing a flack jacket, the school might be required to allow it. However, it is not the physician's responsibility to design the accommodation, only to advise on the medical consequences of the options proposed.

No area of human activity is more complex, fast-changing, or vital. My health law practice includes advance medical planning; patient confidentiality and reporting crime; legal imperatives in patient care; patient incapacity, and guardians. On medical ethics committees, I have worked on policy and care decisions.

The Business of America Is Business

David headed a thriving family-owned business in Denver. Morale was great until one employee became too verbally flirtatious towards another employee. David had to deal protect employees from harassment, while respecting other employees' first-amendment right to express themselves -- to a degree. The business had been run informally for years, since it was owned by a tight-knit family.

I helped them to balance these competing rights, by publishing an employee manual to provide notice as to where the boundaries are, and conducting classes for both owners and employees, to create a mutual understanding, and clear procedures for dealing with these issues.

Amelia ran a specialty footwear and accessory store in Boston which marketed to animal-rights and vegan shoppers who did not wear leather. Those consumers tend to the young, hip and energetic, and Amelia wanted to sponsor and market a line of skateboarding shoes endorsed by a known athlete.

I drafted an Endorsement Contract, advised her on U.S. Trademark Registration, financing, and marketing agreements. What was needed was frank discussion and recommendations about risk versus gain, control versus capital investors, and quick sales performance versus fiscal stability.

James was a designer, builder and entrepreneur who wanted to participate in the development of part of LODO. He was trying to leverage his vision by assembling a team that could undertake the project.

James was not based in an established firm, but was one step removed. In other words, he wanted to develop the team to develop the project. This required contracts between all partiers. I analyzed contracts proposed by others, such as the real estate broker, and drafted contracts for James to propose to others with whom he was negotiating.

I counsel entrepreneurs in forming businesses; Draft employment contracts and resolve conflicts between employees, employers, vendors, customers, and regulatory agencies; Draft commercial rental and purchase leases, and handle evictions and collections.

Building America: Construction and Development

Lloyd built a one-of-a-kind home for his family in the Boulder foothills, with $250,000.00 worth of distinctive custom cabinetry. He achieved the look he sought, but not the durability, as the cabinets began to fall apart within the year.

Disputes over unique creations are problematic, since there is no other product to directly compare them to. However, at this level of supposed quality, reputation is precious, and a public trial disastrous. The filing of a civil lawsuit prompted swift and earnest negotiations, ending in satisfaction for the homeowner.

Susan was an experienced subcontractor who built the concrete foundation of a branch of a national supermarket chain, but the general contractor did not pay her. The workmanship was not at issue, but the complexity of such a building project led to disputes about the nature of the cash flow and responsibility between the hundreds of workers for dozens of contractors.

I had to technically understand the applicable standards of good construction, the building code, analyze the contracts between the parties, and apply legal issues like mechanics liens and unjust enrichment, to help Sam recover his due. Since I was a builder for many years, I bring a comprehensive and realistic understanding to the resolution of these issues.

Tommy had renovated Damien's home. Tommy was a straight-up veteran who wanted to be a policeman, and Damien was a devoted biker-gang member. When the relationship soured, they landed in court, unwilling to settle - or even discuss the case.

I represented Tommy, but most of my task consisted of (successfully) disabusing him of his unrealistic expectations, so that he could see this case as a business transaction -- and not as a fundamental struggle between order and chaos. A settlement was reached just before trial.

I negotiate construction contracts, and construction settlement agreements after disputes are settled; I create Americans with Disabilities Act compliance opinions which settle issues of building access for the disabled; I also serve as an expert witness in trials involving construction disputes and the Americans with Disabilities Act.

Making Peace: Construction Mediation and Arbitration

Robert bought a nice new townhouse, but no one told him it had a fire during construction, and before his purchase. Although he and his family liked the home, he did not trust the builder, reasoning that since he was lied to about the fire, what other defects were covered up?

Drawing on my background as a building inspector, for many years, I first determined that there was no structural danger in the repaired building. Then I mediated between Robert and the developer (who were not on speaking terms) to reach a reasonable settlement.

Glen and Anne were building their dream home, but before they even moved in, the design and quality began to decline. Retaining walls, stairs, and electrical lines were some of their concerns, and those can become major headaches if not done just right.

Because the house was in mid-construction, there were many more parties interested in the outcome, including the architect, the developer, the contractor, and the sub-contractors, in addition to the homeowners - and their individual attorneys. I was able to mediate a settlement.

I speak everyone's language in mediation and arbitration. Since I was a builder for many years, I understand how difficult a contractor's job is; since I was a craftsman, I don't like shoddy work, and I support the consumer; since I was a private building inspector, I am used to ferreting out problems; and as an attorney, I can speak with them. Thus I'm usually able to reach a satisfactory settlement.

Research in Cyberspace

The medical ethics committee at University Hospital in Denver is often asked to resolve a family dispute over the treatment of a comatose patient. The proxy statute that outlines the procedure states that a "consensus" much be reached as to treatment. The meaning of that word is no mere technical issue, because if it means unanimous agreement, it would make it difficult to resolve contentious disputes.

An apt description of law school is remedial reading and writing. Thus, I was asked to advise what "consensus" meant in choosing a proxy for medical decision making. Consensus sometimes means unanimity ("consensus of the jury"), and sometimes a majority ("societal consensus about taxes"). Research about the proxy law, court cases, and dictionaries led me to conclude that in this case, a simple majority was all that was required.

I have been hired by law firms to research the Americans with Disabilities Act, bankruptcy, construction, civil court procedures, divorce, easements, land use and other issues. Research is best done in the seamless, digital realm. Cases and laws are available on-line, depositions and court transcripts are imported as digital files, and so the process of research and composing, thinking and editing, is merged into an integrated process.