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Donald Eby Nominated as Colorado Rising Star

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Donald Eby, a Colorado real estate lawyer at Robinson and Henry, was selected to the 2016 Colorado Rising Stars List Super Lawyers Magazine. This is the second time he has received the ‘Rising Star’ distinction and we are very proud of him.

This honor is reserved for attorneys who exhibit the utmost excellence in their practice. According to Super Lawyers Magazine, only about 2.5% of lawyers in Colorado receive this award. This is a very prestigious honor and we couldn’t be more proud to have Donald as part of our team serving the great people of Colorado.

Meet Denver Real Estate Lawyer, Donald Eby

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Donald Eby is known throughout Denver and Castle Rock as a professional real estate law expert to both his colleagues and clients. Around here, we call him ‘Corky’. Donald is a partner at Robinson and Henry, and for good reason. He is an authority in a multitude of real estate issues, has been published in the Colorado Real Estate Journal, was appointed as a Planning Commissioner for the Castle Rock Planning Commission, and actively speaks at events concerning brokerage and real estate investing.

Contact Your Experienced Colorado Real Estate Attorney

There are quite a few things that can happen when dealing with real estate. You don’t have tackle of any these issues alone though. All of our real estate lawyers are experienced in handling landlord-tenant disputes, zoning disputes, realtor defense, and all other areas of real estate law. When a real estate issue comes up, you can rest assured that we can help. Contact our experienced real estate team for more information.


How Non-Disclosure Agreements and Non-Compete Clauses Can Protect Your Business

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Owning and operating a profitable business requires a heavy investment of both time and money. You and your employees work hard to develop innovative new ideas, products, and technologies to ensure your business is successful. Unfortunately, those you work with and meet in the course of conducting your business often share the same competitive playing field, and it is not uncommon for employees, partners, and associates to try and capitalize on your success by ‘borrowing’ your ideas and using them elsewhere. Our Colorado business attorneys understand that while some business innovations are meant to be shared, it should be up to you to decide when and how that happens. Non-disclosure agreements and non-compete clauses play an important role in protecting your business and the time and money you have invested in it.

Why Your Business Needs Non-Disclosure Agreements

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Performance and innovation are at the heart of most successful businesses. You or your team has likely spent considerable time and effort in developing new products and approaches to make your business more effective, and it is a smart move to protect these developments against being misappropriated by others. According to a March 2016 Forbes article on non-disclosure agreements, there are five important ways these agreements can be used to protect your ideas:

  1. When presenting new and innovative products or practices to potential new partners or investors;
  2. When sharing sensitive or private information about your business with potential buyers;
  3. When demonstrating a new product or practice to prospective buyers or licensees;
  4. When receiving services from outside agents who may have access to sensitive information;
  5. When allowing your employees access to confidential information during the course of their job.

Key elements that should be included in the non-disclosure agreement include the names of the parties involved, a thorough description of the product, technology, or idea to be protected, possible exceptions to the agreement, and the term or length of time the agreement is in force.

Protecting Yourself Through Non-Compete Clauses

In addition to protecting your products and ideas from outside competitors, it is a good idea to look out for your own interests in terms of your employers. There is nothing worse than spending valuable time and money in training workers, only to have them take that training elsewhere, or even use the information they have gleaned from your business to compete against you in the same market. Under Section 8-2-113 of the Colorado Revised Statutes, employers are not permitted to threaten, harass, or otherwise prevent a worker from engaging in another occupation or business venture at any time they see fit. At the same time, having employees sign a non-compete clause in their employee contract protects your business in the following ways:

  • Prevents the unauthorized spread of valuable trade secrets;
  • Allows you to recoup money spent on educating or training an employee if they remain with your business for less than two years;
  • Allows a specified term of employment for executive and upper management personnel and officers.

Get the Professional Legal Advice You Need From Our Colorado Business Attorneys

Your business is your livelihood, and may represent an entire lifetime of investments. Get the professional legal representation you need to ensure your rights and interests are protected and contact Robinson & Henry, P.C. today. Our experienced Colorado business attorneys can advise you on the legal tools you need to assist you in making sure your business is a success. We have offices in Denver, Castle Rock, and Colorado Springs; don’t hesitate to call or contact our office online today to consult with one of our attorneys.

Donald Eby at the 2016 IROC Legal Panel

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Real Estate Lawyer Don Eby will be a contributing speaker at the Independent Rental Owners Council’s (IROC) 2016 Legal Panel! He will be joined by: Phil Klass of the Klass Law Group, Victor Sulzer of Tschetter Hamrick Sculzer, and Debbie Wilson of Springman Braden Wilson & Pontius. During this panel, the attorneys will discuss how rental property owners can ensure they stay compliant with the law.

They will be covering topics including: evictions, landlord-tenant litigation, collections, reasonable accommodations and other areas related to rental property law. Each of the panelists will be giving a talk. Afterwards, there will be an opportunity for attendees to ask any specific questions they have, which weren’t covered.

Join us for this great and informational event on Tuesday, October 25th at 4:00 PM at the AAMD Education Center. The center is located at 7100 E. Belleview Avenue in suite 305 in Greenwood Village. The IROC would also like to thank ARA, a Newmark Company, ABC Supply Company, and Arbor Contract Carpet for their sponsorship and support of this great event!

If you’re interested in attending, please contact Lisa Godbehere at (303) 329-3300 for more information.

Meet Colorado Real Estate Attorney Donald ‘Corky’ Eby

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Don Eby is well known throughout the Denver area for his knowledge and expertise in real estate law. He has helped countless clients with issues regarding landlord-tenant law, evictions, realtor defense, zoning issues, and just about any other legal complication that could be related to real estate. He frequently speaks at events and panels and is a top contributor to The Colorado Real Estate Journal. We are proud to have Don Eby as a partner here at Robinson and Henry and we look forward to seeing what he can do for you.

Contact an Experienced Denver Real Estate Lawyer

If you have any further questions in regards to real estate or if you are unable to make it to the panel, please give us a call at your earliest convenience at (303) 688-0944. Our experienced team of real estate lawyers is here to help with all of your legal issues concerning Colorado real estate.

James Townsend Awarded 10 Best Family Law Attorneys for Client Satisfaction

Q&A with Family Law Attorney James Townsend

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As a grandparent, how can I insure that I see my grandchildren after a divorce?

That’s a great question; the fact of the matter is that grandparent visitation in the state of Colorado is very difficult to get. There is a Colorado Supreme court case that put into place the standard that was handed down in a US Supreme Court case called Troxel v. Granville. That case held that fit parents are entitled to a presumption that they act in the best interest of the children. So, if a grandparent is trying to preserve their right to continue to see the child, or if they are trying to preserve any sort of parenting time, they will have to fight hard to show the parents are not fit to make decisions in the best interest of the child.

 

My spouse is in the military, are these types of divorces more difficult?

They can be. I know that a sort of a lawyer-like answer, but quite often they are more difficult because with military divorces you are not only dealing with the local state statutes but you’re also dealing with federal statutes. So your lawyer needs to understand how those statutes essentially work together in order to determine certain decisions. For example, the division of military retirement benefits are governed by federal statutes. There are also federal statutes that govern what’s supposed to happen regarding parenting time if one of the spouses is deployed. So, in all, military cases can often be, and often are, much more complicated because of the overlap of state and federal statutes.

 

I heard the courts order 50/50 in the division of assets no matter what, is it possible to get more?

The courts are required to split the assets EQUITABLY not evenly. The difference is that equitably means fairly. They are required to split the property fairly based on the evidence and testimony submitted at trial.

Q&A with Family Law Attorney James R. Garts III

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Picture of Denver divorce lawyer James Garts

Do the courts always divide assets in half 50/50?

No, the division of assets under Colorado law is an equitable division. There are arguments for both contribution as well as need, each of which could make the proportional allocation of marital assets and debts something other than 50/50. Say one person contributes more to the marriage, or alternately one person has a limited capacity to earn or generate income after the marriage. It could be the person who contributed more receives more or it could the person who contributed significantly less receives more because they can’t recover after the divorce. The results will be either a consequence of compromise of the parties in settlement or a Judge’s Order after a trial.

 

My spouse makes all the money, I cannot afford divorce, my spouse said I would lose everything, Is that true?

Part of the courts job in a divorce case is to ensure the parties receive an equitable division of the marital assets and to the extent one party doesn’t have the capacity to meet their reasonable needs, spousal maintenance (alimony) would be available. Spousal maintenance is intended, both to allow the down-side party to potentially to raise their post-divorce standard of living to that which they enjoyed during the marriage, or if there just isn’t sufficient income or assets available to so, then at least to avoid their having to resort to government assistance.

 

Does my child get to choose who they live with?

Whether a child has input upon where and with whom they reside depends highly on the child’s age and maturity as it relates to their ability to express a reasoned preference for their parenting schedule.

The child doesn’t get to decide, but the extent of the child’s input on where he wants to stay is a matter of whether the child’s rationale is reasonable to the Court and the parties. For example, A child may want to stay somewhere that is more comfortable financially, or more comfortable emotionally, but for proper development, the Court and/or the parents may require that the child need spend time in both households and with both parents under Colorado’s best interest standard.  Alternately, the child may want to reside primarily with a parent who is unhealthy for the child’s emotional development.  In such cases the child’s wishes may be ignored entirely and the Court Order that the child’s time with such parent may even be supervised by a mental health professional.

 

My spouse has an attorney and says I do not need one, is that okay? why/why not?

You need to at least have a consultation with a lawyer to help with your review of the financial disclosures, proposed parenting plans, and proposed division of assets and debts. This is true, and maybe particularly so, even if everything is agreed upon. It may be that you do not need an attorney to appear in Court with you if everything is agreed upon and fair, but you will need an attorney to help you understand what is fair under the law and to assist to make sure you are not taken advantage of or miss benefits or arguments which could benefit your case

If everything isn’t agreed upon then you need an attorney to understand whether the proposals are fair, and if you end up in trial over the disputed issues, you’ll need an attorney to go to trial with you. It is highly advisable to have an attorney with family law trial experience go to trial with you.

Q&A with Family Law Attorney Jennifer Carty

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Picture of Denver Divorce Attorney Jennifer Carty

What are some concerns same sex couple going through a divorce?

One of the biggest concerns for same-sex couples is that you have relationships that have extended over many years, although same sex marriage itself has only been legally recognized since 2014. The downside party, the person whose name isn’t on the property or the person in the relationship who doesn’t make as much money, is greatly disadvantaged.

For example, courts are reluctant to order spousal maintenance (alimony) for marriages that are less than 3 years in length. Same sex marriage hasn’t even been legal that long, so it’s hard to ask the court to issue spousal maintenance.

Common concerns I hear are “Am I going to be able to survive financially after we get this divorce?” or  “Is this court going to be willing to offer me some sort equitable support”?

Likewise, marital property only includes property that was acquired by the couple after the marriage began. Again, although sex couples may have been together for years and purchased property together, depending on the titling it may be that only property purchased in the past couples of years is going to subject to equitable division under the law.

 

What characteristics should I look for in an attorney when going to court with a difficult spouse?

Level headedness and attention to detail. These traits go hand in hand because a difficult spouse is going to cause a spike in the emotional intensity in something that’s already a highly emotional event. You need an attorney who is not going to get sucked into the emotional power plays and lose awareness because an attorney that loses awareness and cannot maintain focus becomes an ineffective advocate.

 

I want a divorce but my spouse wont engage in the paperwork that has been served, What do I do?

As people tend to say these days “You do You!” A client whose spouse is not going to engage in the dissolution of marriage process actually has a fairly easy road. If we follow the rules, complete the documents, and attend the required meetings we will be fine. You can still get a divorce when your spouse won’t engage at all.  As always, there are exceptions but generally this circumstance is better than the partially participating spouse.

It is the spouse who is only partially participating who can create much more complication. You can have a spouse that only participates sometimes when it is convenient or is seen as valuable to them personally. This can increase the volume of work for your lawyer and therefore the cost of litigation.  That behaviour can even get the courts quite frustrated. An attorney can help to move the proceedings along and ask for attorney’s fees when a party causes unnecessary delay.

 

My spouse won’t pay the court ordered child support/alimony. What are my options?

If child support or alimony (called “maintenance” in Colorado) is court ordered and not being paid then there are a couple options for enforcement. To manage future payments, you can file an income assignment to ensure that future payments are made. This should address the concern that the history of non-payment will also mean that the future payments are also not going to be paid.

You can also submit a verified entry of support judgment to recover money that has been previously owed.  This allows you to use normal collection devices such as wage garnishments, bank levies, and liens.

Finally, you can initiate a contempt action, but these are very difficult and complicated legal matters. Contempt can be remedial or punitive.  Remedial contempt is designed to compel compliance with the order that was for your benefit.   Punitive contempt is designed to vindicate the dignity of the court, and is very sparingly used.  Because of the complexity of contempt proceedings, it is imperative to speak with a lawyer before engaging in this type of litigation.

 

Q&A with Family Law Attorney Joseph Brown

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Picture of lawyer Joseph Brown taken in Castle Rock, Colorado

I think my spouse is hiding assets, how do I find what they have?

Hidden assets are a common concern for our clients. Fortunately, however, the laws in Colorado require mandatory financial disclosures. Both parties are required by to disclose all their assets as well as all their liabilities, regardless of where they are titled or held.

If, after reviewing your spouse’s mandatory disclosures, you believe that your spouse is still hiding assets, there are steps we can take.  For example, to the extent you have statements from the accounts that are not being disclosed, obviously we have the proof we need to catch your spouse red handed, and we can then subpoena the records and use that information in court to impeach your spouse during cross examination.

There are also additional discovery options we can use, such as interrogatories and document production requests. We can also take a deposition of your spouse to try to expose those hidden assets.

It is important not to lose track of the bottom line, though.  A cost benefit analysis can help put in perspective whether it is worth it to go through these additional steps.  Additional discovery can be time consuming and expensive, so it might end up costing more than the hidden assets are worth to try to track them down. In that case, it may be in your best interest not to go down this path, but there are certainly means within the Colorado rules of civil procedure and Colorado domestic relations law to discover hidden assets.

I want to move out of state. Am I allowed to do so without telling my spouse?

You are certainly allowed to move if you feel so inclined, but that answer becomes more complicated if kids are involved. You can move out state, but you cannot move out state and take your kids with you unless you have permission of the opposing party or a court order.

A court order allowing a spouse to relocate with the children out of state is not something you can just get immediately after filing a divorce. If the parties are unable to agree, the living arrangements of the children and the parenting time is a decision that will be made by the Judge at trial, often times with the involvement of expert witnesses who investigate and evaluate so they can make recommendations to the Court in the best interests of the children.

My spouse and I assumed we were common law married but now he is saying we are not, what do I do?

A lot of people think that if you have been together and lived together for 7 years without getting married, then you are now common law married. In Colorado, there is actually no threshold or time limit.

The standard in Colorado is whether you held yourselves out to the public as being married.  As attorneys, we will look for evidence of your common-law marriage by asking your employer, your family members, neighbors, friends, church community, etc – that is, the people that know you best and would be most likely to know whether you hold yourselves out to be husband and wife.  It is really your reputation in the community as to whether you hold yourselves out to be married rather than whether or not one party says so.

I have been tracking my spouse’s activity and he has been cheating on me. What should I do?

Infidelity is not illegal, but stalking people is. I would caution against going overboard “tracking your spouse’s activities” so you do not risk a protection order being filed against you and/or criminal charges being brought against you.  Ultimately, Colorado is a no-fault divorce state, so you do not need to be able to prove grounds for a divorce.  All that is required is for one party to allege that the marriage is irretrievably broken. There is no need to allege or prove infidelity or any other grounds for a divorce beyond that.  Simply file the paperwork to get the process started.


Q&A with Family Law Attorney Hannah Van Roekel

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Picture of Attorney Hannah Van Roekel Divorce Attorney

Can’t I just go to mediation and have the mediator decide what’s fair?

For a divorce it is a more complicated question than it initially may appear. The mediator is a neutral; they do not represent either party’s best interest. A mediator’s job is to act as a neutral and see if there is any common ground between the parties, but they will not determine what is “fair”.  So, if the parties can’t reach an agreement then the court will decide parenting them, support payments, and the division of assets during a contested hearing

The court will order you to go to mediation subject to a few minor exceptions such as the in case of domestic violence, even if you have an attorney.  The court will also require you to attend mediation prior to going to any kind of contested hearing on any disputed issues in your case.

When you go to mediation with an attorney, the parties are generally in two separate rooms so that the client can talk to their attorney and tell the mediator their side of the story. The mediator generally goes back and forth trying to find common ground on their positions and what is fair and try to come up with an agreement that benefits both parties in some way.

How does the court award alimony?

During a divorce, one of the first steps that you must do within the first 42 days is exchange mandatory financial disclosures. The court orders both parties to provide sworn financial statements, which is like a worksheet that states your income, the taxes that you pay, your expenses, all your assets and debts. You will also have to exchange supporting documentation with the opposing party which is called your mandatory financial disclosures. Disclosures include tax returns, pay stubs, retirement information, and all other relevant documentation for your financial life.

Both parties essentially put everything on the table. If one party is not currently working, attorneys frequently argue that the non-working spouse should work full time and the court should consider the non-working spouse’s earning potential. The court uses statutory guidelines with the financial disclosures to determine maintenance (alimony), but it is just a guideline for the court.  The court will also consider any mitigating circumstances that will warrant a spouse getting a lesser or greater amount of maintenance (alimony) or over a shorter or longer duration. It is the job of each party to convince the judge to adopt his or her position by using testimony, evidence, and Colorado case law.

How can I afford to move out?

A lot of folks are faced with the question of how to move out or to get support at the beginning of a case when there are no court orders for support. Especially if they’ve been a stay at home mom or dad for many years, have a limited ability to go out and earn an income right away, or limited funds aside from the marital funds moving out can be very difficult.

In that case, we highly suggest filing a motion for temporary orders and seeking some temporary family support from the other party if the other party earns more. The court will generally order the parties to go to mediation first to see if an interim agreement can be reached on spousal support or child support so that the non-earning party can afford move out of the home.  After mediation, if the parties can’t come to an agreement, the court will hold the temporary orders hearing.

My spouse has been abusive, I am afraid to get a divorce but I know I need to do it for my children. What should I do?

It is important to talk to an attorney right away if you are being physically or mentally abused. There are a lot of avenues for relief available to you.

First, once you file your petition for dissolution of marriage there is an automatic temporary injunction in place once the other party is served.  The court order prohibits the abusive party from harassing you, disturbing the peace, or even destroying any property that you may have together or as part as retribution.

Additional avenues for relief that are available to parties, particularly victims of domestic violence include a protection order. We recommend getting a protection order as part of the dissolution of marriage case if abuse is an issue. If you do fear for your well being or your safety then the protection order can include the children if necessary.

A final avenue for relief is restriction of parenting time. You can a request temporary orders hearing where the judge will enter temporary orders as to how often this other parent can see the children particularly if that parent is unsafe.

Case Study: Caitlyn & Thomas

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Caitlyn and Thomas were married for 13 years and had 2 children. Thomas had a good job which paid almost double the amount of Caitlyn’s earnings.  During their marriage, they had purchased the home in which the family lives.  And, they owned a few other assets.  Unfortunately, Caitlyn grew concerned for the safety of the children and overall wellbeing of the family.

According to Caitlyn, “My biggest concern was making decisions that were the least impactful to my children. Having Robinson and Henry on my side I was able to have my children protected from this stressful time in my life. Robinson and Henry had myself and my children’s best interest at heart during my divorce process.”

In contemplating divorce Caitlyn recognized that her primary concerns were financial and retaining custody of the children.   Thus, Caitlyn retained the experienced family law attorneys at Robinson and Henry, P.C. Attorneys James Townsend and Joseph Brown immediately developed a legal strategy focused entirely on obtaining the best possible result for Caitlyn.  The goal was to obtain the majority of parenting time, a substantial amount of spousal maintenance (alimony), considerable monthly child support payments to Caitlyn, and to allow her to keep the majority of the assets. According to attorney James Townsend,

“Caitlyn came to us as most potential clients do – in the midst of a very difficult time in her life, as well as, in the lives of her children.  We helped her through the divorce process, explaining each step in such a way that she could maintain focus on achieving a result which promised a better quality of life and future for her and her children.  We made sure that she received a majority of the parenting time which also created monthly child support payments, kept the marital home, and divided the remaining assets and liabilities in a way that eased her transition to being a single Mom capable of supporting her family.”

Robinson & Henry successfully negotiated a parenting plan through mediation which awarded Caitlyn 70% parenting time, possession of the marital home  and the joint bank accounts. Thomas had to take 100% of the marital debt, pay 66% of the extracurricular and medical expenses for the children as well as $2,100 a month in spousal maintenance and child support. James and Joe also negotiated a communication and parenting plan that met their family’s needs.

I was highly satisfied with the outcome of my divorce case. All decisions were made in order for my children and me to be successful and able to move on in a positive direction with our lives. “

Caitlyn and Thomas completed the dissolution of marriage process without either party having to appear in court. The divorce was finalized in only three months, start to finish.

 

*Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson and Henry Family Law case, the names of both the client and the opposing party have been changed to protect the privacy of both parties.

Fraudulent Lien

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Andrew Kupanek was originally hired to help me with a fraudulent lien that had been filed on my Father’s house. Andrew was extremely expeditious in handling that head on. As I had another lawyer dealing with eviction proceedings and could no longer help me any further in the case, I asked Andrew if it were possible to help me in a very unusual situation. He made a suggestion I had never heard of and would solve my problem. I retained him for this legal matter as well. The eviction went very well thanks to Andrews legal knowledge of the situation. The Lien will be resolved in the future I am certain. I am so happy that I had Andrew to work with and would highly recommend him in the future.

Taxes under Trump : Opportunities & Enforcements

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How your business will change under the Trump Administration
Join Robinson & Henry P.C. for a Networking & Tax Conference hosted by the South Denver Metro Chamber of Commerce!

Marijuana – What the CO Real Estate Broker needs to Know

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While there are no requirements to disclose a previous marijuana growth operation within a property, there are other considerations of which all Realtors and Property Managers must be aware. In this infographic, you will learn how to protect you and your clients from the pitfalls of participating in this growing and lucrative market.

Click here to download the full infographic!

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MariaJose Delgado Joins Robinson & Henry as Associate Family Law Attorney

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MJ b&w pngRobinson & Henry P.C. announced today that Ms. MariaJose Delgado has joined the firm’s family law practice in the Denver office. Ms. Delgado joins Robinson & Henry from Delgado & McCoy, LLC, where she was a partner primarily practicing in family law.

Ms. Delgado assists clients across the Denver Metro area with separation, post-decree, and child custody matters. She has deep expertise with all aspects of family law such as child custody, spousal maintenance, post-divorce modifications and stepparent adoption.

Ms. Delgado has a B.A. degree from the University of Virginia and a J.D. degree from Temple University Beasley School of Law. She has been ranked by the National Advocates as a member of the Top 40 Under 40 attorneys in Colorado.

“We are very pleased and excited that MariaJose has joined Robinson & Henry” noted Bill Henry, Managing Partner of Robinson & Henry. ““Her expertise and experience will add to Robinson & Henry’s goal in achieving the highest-level representation for our clients.”. We will continue to add talent strategically across Robinson & Henry’s firm to better serve our clients in the Denver Metro area.”

“I am delighted to join Robinson & Henry and its exceptional team of family law attorneys,” noted Ms. Delgado “I look forward to introducing my clients to the firm and to serving Robinson & Henrys client base.”

Donald Eby Designated as Super Lawyers 2017 Colorado Rising Star

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Picture of Eviction and Real Estate Attorney Donald EbyCongratulations to Robinson and Henry real estate attorney Donald Eby, on his designation as Super Lawyers – 2017 Colorado Rising Star, this is his third consecutive year of selection by Super Lawyers! The Super Lawyers selection process is arduous and is reserved for attorneys who exhibit the utmost excellence in their practice, only about 2.5% of lawyers in Colorado receive this award. Don’s selection to the Super Lawyers list as well as his selection to the 5280 Top Lawyers list in 2017 serves proof that Robinson and Henry attorneys are the best and most qualified attorneys in Colorado.

 


Jennifer Carty to be a Panel Host at ACBA CLE Event

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Picture of Denver Divorce Attorney Jennifer Carty“Robinson & Henry’s Family Law Associate, Jennifer Carty, will be a panel host at the Arapahoe County Bar Association and LGBT Bar Association CLE event! She will be joined by Professor Rebecca Aviel of University of Denver Sturm College of Law, Karen J. Langsley of Gutterman Griffiths P.C., and Rachel Catt of Harrington Brewster & Clein, P.C. During this two-hour panel, the attorneys will be covering Retroactivity of Common-Law, Same-Sex Marriage in Colorado: Reconciling Concepts, and Clarifying Issues.

They will be answering questions such as: What effect does the retroactivity of the 10th Circuit Kitchen case decision, and the U.S. Supreme Court’s decision in Obergefell, have as a practical matter in Colorado? Could Colorado recognize same-sex common-law marriages to the date common-law marriage was recognized? How will probate cases and the accrual of marital property change by allowing same-sex marriage?

Please join us for this cutting-edge and instructive CLE on Friday, March 31st at 12:00 PM at the Burns & Wilcox Center Conference Room. The center is located on the first floor at 7807 E Peakview Avenue in Centennial.

If you are interested in attending this event go to www.ArapahoeCountyBar.org to sign up online.”

 

Robinson & Henry P.C. Presents Taxes Under Trump at the South Denver Metro Chamber of Commerce

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Robinson and Henry, P.C. would like to thank the attendees for joining us at Taxes Under Trump: Opportunities & Enforcements hosted by the South Denver Metro Chamber of Commerce.

The seminar was a success as well as informative and worthwhile to the attendees. The primary goal of this seminar was to bring awareness to the possible tax opportunities and enforcements with the new administration. Robinson & Henry P.C. brought along our expert attorneys in tax, estate planning, and bankruptcy to discuss the possibilities facing our state’s small business owners and to plan possible strategies as to how these changes can either help or hurt the future of their business.

To our attendees: Your presence helped to make this event a great success and your enthusiasm and positive spirit helped make our time together both productive and fun. We wish you all the best and hope that you continue to be engaged with the Robinson and Henry P.C. and any upcoming events.

Couldn’t make it to Taxes Under Trump? Check out the highlights video here:

Speak to an Experienced Denver Attorney

Need help or representation for your case? Contact the attorneys at Robinson & Henry, P.C. today for help with your real estate, criminal defense, personal injury, or family law needs. Our experienced and knowledgeable team will ensure that you deserve the compensation you deserve!

Robinson & Henry P.C. Makes List of Top 50 Denver Area Law Firms

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R&H is ecstatic to announce that Robinson & Henry P.C. was ranked number 50 on the Denver Business Journal’s list of the 50 largest Denver area law firms. This is the first time that Robinson & Henry made the list, which ranks firms by the number of attorneys. “Making this list is a recognition of the rapid growth our firm has enjoyed over the past several years,” said managing partner Bill Henry. “We are proud of all that we’ve accomplished and we’re very excited about the future.” You can read the full press release here.

Practicing Water Safety

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Summer is almost here and that means that it is time to pull out your old swimsuits and head to the pools! May is National Water Safety Awareness Month and the CDC reported that there have been over 3,500 drowning deaths in the United States in the past year! It was also reported that one in five of those deaths was a child under the age of 14. That being said, the personal injury team at the Robinson and Henry Law Firm wanted to do their part in helping to prevent drowning accidents this Summer. We teamed up with some of the top swimming instructors and schools in the state of Colorado to better understand what people can do to prevent drowning accidents from happening to both themselves and those around them, here’s what they had to say.
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Ocean First

  • Actively supervise children whenever around water; remain vigilant even when a lifeguard is present.
  • Swim in lifeguard-supervised beaches, lakes & pools.
  • Always stay within arm’s reach of young children in bodies of water; don’t trust your child’s life with swim aids such as floaties.
  • Always have your children wear a life a jacket.
  • Talk to your children about proper swimming and safety skills.
  • Learn proper swimming and safety skills before age 3.

Underwater Connection

As a long time aquatic professional, lifeguard trainer and swim teacher my main goal is to impart safety skills in, on and around the water. For every child that gets into trouble or drowns, there is an adult or someone who has turned their back even for just a minute. Early swim lessons and water adaptation (6 months & up) with a certified swim teacher is key to water safety and survival-it’s a life skill and can save a life.

Aqua Star

Teach children water safety and swimming skills early, start no later than 3 years of age, the longer you wait the harder it is to work through the fear. Never use a lifeguard or flotation device as a substitute for supervision. Every parent should know infant, child and adult CPR & First Aid.

Smile Fish Swim School

I’ve been doing this swimming thing for 45 years. The single most important thing is to watch your kids. Virtually every accident I’ve ever seen was a child getting into a pool without someone who should be watching noticing. Drowning IS NOT the screaming, arm waving event depicted on TV or the movies. Drowning is silent, kids simply slip under. Kids make noise. If they aren’t making noise, something is wrong. There is nothing that will keep kids safer than “eyes on”. DO NOT assume someone else is watching. DO NOT assume some sort of floatation device will take care of them.

The most shocking one to me was at the end of the summer when nobody was at the pool. Two ladies and one child walked in and set up lounge chairs within a few feet of the pool. The rules stated children under 8 years old MUST be directly supervised by an adult. The lifeguard told the ladies they needed to watch the little girl, not to let the little girl in the big pool without an adult and that he was going to take out the trash. A few minutes later the lifeguard came back to check on things. The ladies were sitting in their lounge chairs chatting away and not 4 feet away the little girl was on the bottom of the pool. The lifeguard jumped in to pick her up. She must have just gone down and was fine. Although the ladies were told to watch the little girl & that the little girl was not allowed in the big pool without an adult they were so busy talking they didn’t notice her getting in and sinking to the bottom. 2-3 minutes later and she would have been gone.

A great example of why swimming lessons save lives – I was fishing up at Wolford Res. There was a boat zipping around, pulling people on tubes, etc. The boat stopped to pick someone up. When the boat took off a little girl (9 years old) fell off the back of the boat. Apparently, nobody noticed she was gone for a couple of minutes. They turned around to look for her. She survived about 10 minutes without any problems because she knew to roll over on her back and back float. They found her alive and well. Without someone teaching her what to do when in trouble she would not have made it.

Swim Float Swim

Judy Heumann at Swim Float Swim and Infant Aquatics has shared with this information PDF document with 10 Water Safety Tips. Please check it out below.

WaterSafety

We’d like to thank everyone for all of their great contributions and their pursuit towards water safety not just in the month of May, but every single day of the year. Drowning is something that happens all the time and it can be prevented with the right knowledge and preventative measures. Help us prevent drowning accidents by sharing this post with your friends and family. If you or a loved one was the victim of a drowning accident, call the Denver Personal Injury Lawyers at the Robinson and Henry Law Firm for representation. Be sure to visit the two links to learn more about water safety and what you can do to prevent drowning accidents.

Tips When Buying a Home

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Here at Robinson & Henry, P.C. we’ve seen plenty of bad deals when it comes to real estate. This is why we’ve devoted one of our practice areas to help people who are struggling with legal issues related to real estate. Whether it be not including something in the disclosures or providing false information in the deed, there are plenty of ways you can get burned when buying a home. That being said, we wanted to do our part in helping people avoid these kinds of situations when buying a home, so we teamed up with a few of Colorado’s top real estate agents to see what tips they have for prospective buyers when buying a home. Here’s what they had to say.
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Colorado’s Finest Real Estate

My best advice to a prospective client encompasses a few points. First, understand the market conditions you’re entering. The last two years in Denver metro has seen exceptionally high demand with little inventory, leading to many multiple offer situations. In order to compete and be the Buyer selected, there’s a myriad of contract elements that have to be considered to give them a competitive edge. Often times, this can put a risk on the Buyer should they waive contingencies, bring additional money to the table, or cater to the Seller in order to be placed at the top of the offer pool. Knowing the contract elements and speaking with a real estate attorney when a purchaser has a more complicated situation is invaluable to creating a successful strategy at the offer stage. For Sellers, having succinct market data ensures listing at fair market value and getting a solid offer quickly.

Secondly, being prepared about what the process entails once under contract ensures timely meeting of deadlines throughout the transaction and better protection of a Buyer’s earnest money.

Lastly, having a knowledgeable, reputable, ethical, and experienced real estate agent, lending, legal, and accounting resource ensures that a purchaser will be well informed from beginning to end of any transaction and therefore make the best decision on their sale/purchase.

Usaj Realty

Selecting the right real estate broker can be one of the most important decisions in your home buying journey. After you find a handful of brokers you like, I’d recommend taking the time to conduct ‘interviews’ over a cup of coffee. This will help narrow your search and allow you to pick a broker with the expertise and demeanor that fits your needs. Once you have selected your real estate broker, make sure to meet with a financial planner or lender to have all your documents in order. With the velocity of sales that we are seeing in this market, getting pre-approved right off the bat will help you get under contract faster when you find the home of your dreams. After meeting with a lender, you and your broker will sit down and make a list of what features you want and need in your next home. As you start to take tours, this list of priorities and preferences will help guide you through the process and keep you focused on the end goal. This document should include the preferred age of a property, number of beds and baths, square footage, architectural style, type of home (e.g. single-family, condo or townhome) and condition of the home. It’s our job to help you find a home that you will love for years to come!

Contact an Experienced Denver Real Estate Lawyer

We want to give special thanks to Joseph Berry at Colorado’s Finest Real Estate and Jenny Usaj at Usaj Realty for their contributions. If you are in need of a real estate agent, please reach out to them for help on your home buying adventure. If you believe you need the assistance of a Colorado real estate lawyer, please contact us today!

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