IAP NETWORK JUNE - JULY 2010 IAP Network June IAP Newsletter.pdf · IAP NETWORK JUNE - JULY 2010 PAGE 1 President’s Message By Lauren Paul IN THIS FAMILY LAW ISSUE... News From

I A P N E T W O R K J U N E - J U L Y 2 0 1 0

PAGE 1

President’s Message By Lauren Paul

I N T H I S F A M I L Y

L A W I S S U E . . .

News From Around

the Nation 4

Article on Marriage 7

Membership News 10

Current CLE

Opportunities 12

IAP NetworkJ U N E - J U L Y 2 0 1 0 I D A H O A S S O C I A T I O N O F P A R A L E G A L S

"IAP Network" is published

bi-monthly by the Idaho

Association of Paralegals, Inc.

and is provided as a service to

all members.

Articles and submissions are

welcome.

Opinions expressed in this

publication are those of the

authors and do not

necessarily represent the

opinions of the association or

its members.

Idaho Association of Paralegals, Inc. P.O. Box 1254

Boise, ID 83701 www.idahoparalegals.org

I hope you are ready for summer because it is on it’s way – slowly but surely! It was wonderful seeing so many of you during the Spring Seminar at the Owyhee Plaza on May 14th. I hope you enjoyed the Seminar and as always, look forward to your feedback. I would like to personally thank Greg Bradford for all his hard work in organizing and planning the Seminar. From arranging speakers and the venue to preparing attendee packets, giveaways and food – he did an outstanding job! Thank you Greg! Our next event will be a CLE Brown Bag Luncheon on Thursday, July 15, 2010 from 11:45 p.m. – 1:00 p.m. at the Idaho State Bar, 525 W. Jefferson, Boise, ID 83702. Our speaker is Debra Irish, Esq. of Irish, Cardon & Bernhardt, LLP, who will be speaking on Social Security/Disability Claims. I look forward to seeing some of you there. Some other exciting news – the Idaho Association of Paralegals will be spotlighted in Paralegal Today magazine

in the July/September edition! The article highlights our mission, benefits of membership, pro bono and community service activities in the community, along with upcoming events. I hope you will check it out! If you are interested in participating on the Board of the IAP, please contact me at [email protected]. It is a great opportunity to support the IAP and to learn about serving on the Board of an organization at the same time. Lastly, if you have ideas for topics or speakers that you would like to see at a Seminar or CLE, please email me or Greg Bradford at [email protected].


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BOARD MEMBERS

2009-2010

LAUREN PAUL, PRESIDENT [email protected] 208-386-5030

KENDRA RAVER VP OF POLICY & PUBLIC AFFAIRS [email protected] 208-350-0016

GREG BRADFORD, VP OF EDUCATION [email protected] 208-466-0030

LISA WARREN, VP OF MEMBERSHIP [email protected] 208-332-7984

ANNETTE BOTTARO-WALKLET SECRETARY [email protected]

KATHRYN BRANDT, TREASURER [email protected] 208-343-5454

LISA HOAG, NATIONAL AFFAIRS REPRESENTATIVE [email protected] 208-855-2200

IAP Board meetings are held monthly and are open to all members. The Board welcomes your comments, ideas and

suggestions. Please call any of us at the above phone numbers.

IAP regularly emails job opportunity announcements to

IAP members. For additional job opportunities, check the Idaho State Bar’s website at http://

www2.state.id.us/isb/job_announce/

The concerts you enjoy together

Neighbors you annoy together

Children you destroy together

That make a marriage a joy.

~Stephen Sondheim, Company


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WIN

MO

VIE

TIC

KETS

The THIRD IAP member to e m a i l K e n d r a R a v e r ([email protected]) with the correct answer to: When is Kendra Raver getting m a r r i e d ? will win two free movie tickets! (Only one email per member, please.)

Congratulations to Colleen Kohler, who won movie tickets in April for the correct answer—Wash Sale Rule.

I am a success

today because I

had a friend who

believed in me and I

didn’t have the

heart to let him

down.

-Abraham Lincoln


PAGE 4

News From Around the Nation By: Lisa Hoag, National Affairs Representative

Interesting websites:

For Investing Information: It helps to research companies, read blogs about investing, and keep investment op-portunities current. Here are a few some suggested websites to get you started. http://www.finra.org/ http://beginnersinvest.about.com/ http://www.morningstar.com/ http://www.businessweek.com/finance/

Money Saving Tips:

Family budgets are stretched to the maxi-mum. Here are some suggested websites to help stretch what hasn’t been stretched.

http://familyfinances.suite101.com/

http://www.thesimpledollar.com/2008/02/06/little-steps-100-great-tips-for-saving-money-for-those-just-getting-started/

http://www.doughroller.net/smart-


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News - cont’d

Budget calculator: Here are some budget calculators to help you determine where you can find surplus money. http://www.aarp.org/money/toolkit/articles/home_budget_calculator.html?CMP=KNC-360I-GOOGLE-MON&HBX_OU=50&HBX_PK=budget_calcula-tor&utm_source=Google&utm_medium=cpc&utm_term=budget%2Bcalculator&utm_campaign=Money%2BSection%2B-%2BContent http://www.calculatorweb.com/calculators/budgetcalc/ http://www.youcandealwithit.com/budgeting_tools/budget_calculator.shtml http://mappingyourfuture.org/money/budgetcalculator.htm

College Planning: Planning to attend college? Plan to help your children go to college or university? Here are some helpful websites. http://www.collegeplan.org/cpnow/collplan.htm http://www.offtocollege.com/ http://www.collegeplanningguide.com/ http://www.khake.com/page51.html


PAGE 6


PAGE 7

Marriage By Kendra Raver, VP of Policy and Public Affairs

If you read this article on June 12th at 3:00 p.m., I will be on a beach in Oregon getting married. Saying things like ‘we are gathered here today’ and ‘do you take’ and ‘I will’. It will b e a b s o l u t e l y wonderful! The dress, the cake, the handsome groom, perfect, right? Well, perfect to me, it is love first and foremost. But lets not forget that marriage is a legal bond and to the state of Idaho – it is a legal bond first and foremost. Idaho Code Section 32- reads in part:

“Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by the issuance of a license and a solemnization as authorized and provided b y l a w . M a r r i a g e created by a mutual assumption of marital rights, duties or

obligations shall not be recognized as a lawful marriage”.

It is not good enough to the state that two people profess their undying love for each other, you have to have the license, pay the fee and notify the federal government of your ‘change of status’ But what really changes? Hopefully not much for the newlyweds prima face. However, the behind the scenes of a marriage consists of finances, medical care, children, taxes, pre or post nuptials, in short, a whole bunch of legal considerations before you say I do.

My fiance’, Chris, proposed last July and since that time we have had conversations including a prenuptial agreement, joining our

f i n a n c e s , disclosure of debt, adoption of my child, whether or not to have more c h i l d r e n , sav ing for r e t i r e m e n t ,

how we spend money, and how we hope to age

and care for each other.

Finance is a big one and probably the number one cause of divorce when financial issues arise. Sometimes couples have the best intentions of keeping their finances separate and or maintaining their separate property following a divorce.

In a recent case before the Supreme Court of the State of Idaho, Dunagan v. Dunagan, 147 Idaho 599, 603, 213 P.3d 384, 388 (2009); the high court was asked to review the lower’s court’s decision as to the following issues; partial performance of an oral prenuptial agreement, separate property, and equalizing the distribution of community assets.

In Dunagan v Dunagan, the parties had verbally agreed to keep their finances separate and did so except on two occasions with minor amounts involved. In addition, wife had a residence which she claimed as her separate property


PAGE 8

Marriage - cont’d. By Kendra Raver, VP of Policy and Public Affairs

however, in the process of a refinance in 2003, wife signed a quit claim deed as part of the closing documents for the bank. This issue comes up quite often where, in the process of o b t a i n i n g f i n a n c i n g w h e r e a husband and wife are involved, the bank will i n s i s t o n s o m e paperwork, usually a quit claim deed, to be signed when one of the two parties does not have an ownership interest. It is advisable to consult with an attorney before signing a quit claim deed in this type of situation.

The Supreme Court understood that the division of community property is strictly within the discretion of t h e t r i a l c o u r t . However, following the wife’s appeal to the District Court which affirmed the lower court’s decision, the Supreme Court used the following “three tiered inquiry: (1) whether the lower court rightly perceived the issue as

one of discretion; (s) whether the court acted within the outer boundaries of such d i s c r e t i o n a n d consistently with any l e g a l s t a n d a r d s applicable to specific

choices; and (3) whether the court reached its decision by an exercise of reason.” Id.

The parties tried and almost succeeded to keep their finances separate. In Idaho, the court’s have not yet recognized partial performance as to oral prenuptial agreements and the high court affirmed. As to the issue of wife’s separate property, the high court was able to help. The S u p r e m e C o u r t determined that, at a minimum, the lower court has discretion to review the facts and c i r c u m s t a n c e s surrounding wife’s separate prope rty residence and the loan documents that led her to sign away half. Thus, the lower court’s decision to award husband an equalization payment was reversed

a n d t h e m a t t e r remanded to the District court for further review.

Dunagan v. Dunagan is interesting because some prenuptial best efforts are just not enough. Marriage is one big fat comingling of life, joy, kids and funds and it is hard, if not impossible, to keep it all separate. Further, the issue of quit claim is really quite common. E s s e n t i a l l y i f husband and wife attempt to take a loan together as co-borrowers, the bank insists on co-ownership as well. This line of thinking is not bad but as a borrower, the signing of a quit claim deed must be strictly calculated. When they say in jest, “signing your life away” it is not always far from the truth.

For a full text copy of the decision in Dunagan v. Dunagan please visit: http://www.isc.idaho.gov/opinions/Opinion%20II.Dunagan%20v%20Dunagan.pdf

“When they say in jest, “signing your life away” it is not

always far from the truth.”


PAGE 9

MARK YOUR CALENDARS:

July 15, 2010; CLE Brown Bag Lunch

September 9, 2010; Paralegal Day Luncheon

October 15, 2010; Fall Seminar

Education Challenge – go to http://www.isc.idaho.gov/opinions/

and read a recent opinion on a subject of your choosing. Strive to read one new case each week!

Upcoming Events

The next IVLP NIGHT SESSION is scheduled for THURSDAY, August 5, 2010. Special thanks to Lou Engelhardt – our volunteer at the May session – THANK YOU! Please email Kendra at [email protected] to volunteer. Your time is so appreciated!

EDUCATION NEWS By: Greg Bradford, Vice President of Education


PAGE 10

Membership News By Lisa Warren, Vice President of Membership

At the May 6, 2010 board meeting, the board approved Maria Chilson as an Active Status Pending member. Maria has earned an Associates Degree and paralegal certificate from the University of Alaska Anchorage (2009) and is a certified nursing assistant. Maria completed an internship with the state Attorney General’s Consumer Protection Unit and is currently seeking employment. The board is pleased to welcome Maria to the Association.

IAP currently has 57 members: 49 Active members, 5 Active Status Pending members, 1 Student member, 1 Retired member and 1 Supporting member.

As a reminder, all Active and Active Status Pending members are required to obtain at least six hours of continuing legal education each fiscal year (October 1 to September 30). If you have attended non-IAP-sponsored CLEs, please remember to fill out the CLE form that can be found on the IAP website (www.idahoparalegals.org) prior to submitting the CLE materials to IAP for credit. You can e-mail your completed CLE information at any time during the year to [email protected]. Furthermore, IAP Bylaws require CLE forms to be submitted with proper documentation to receive credit.

Finally, please remember to let me know if you have a change of address, e-mail address, employer or telephone number to ensure that you continue to receive IAP news, seminar information and job bank notifications.

~ BE ON THE LOOKOUT ~

During the month of June, each Active and Active Status Pending Member will be notified of their CLE hours to date.


PAGE 11

IDAHO LEGAL STAFFING, LLCIDAHO LEGAL STAFFING, LLC

Now accepting applications and resumes from paralegals seeking part-time or full-time employment

with Treasure Valley law firms and other organizations.

$50 cash reward for information leading to placement by Idaho Legal Staffing of a paralegal candidate in a

temporary or regular paralegal position.

Contact Merrily Munther at (208) 724-3838 or MaryLou Brewton-Belveal at (208) 344-4566.


PAGE 12

CURRENT CLE OPPORTUNITIES

Idaho State Bar and Idaho Law Foundation and Other

6/2/10 - Common and Not so Common Family Law Issues and Answers, (Teleconference),

Teleconference. Course #10-1308. 1.5 MCLE, 0 Ethics credits. Call National Business Institute,

(715) 835-8525.

6/2/10-6/5/10 - NADCP 16th Annual Training Conference, (Live Presentation), Boston,

MA. Course #10-1499. 16.75 MCLE, 2.75 Ethics credits. Call National Association of Drug Court

Professionals, .

6/2/10 - Anatomy of Design Patent Litigation, (Online - Live), Online. Course #10-1581. 1.5

MCLE, 0 Ethics credits. Call American Intellectual Property Law Association, (703) 415-0780.

6/3/10 - Preparing for Depositions, (Teleconference), Teleconference. Course #10-0891. 1.5

MCLE, 0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/3/10 - Commercial and Residential Evictions, (Live Presentation), Salt Lake City, UT. Course

#10-0956. 6.75 MCLE, 1 Ethics credits. Call Sterling Education Services, (715) 855-0495.

6/3/10 - Family Limited Partnership in Estate Planning, (Teleconference),

Teleconference. Course #10-1144. 1.5 MCLE, 0 Ethics credits. Call Lorman Business Center, Inc.,

(715) 833-3940.

6/3/10 - Legal Ethical issues, (Teleconference), Teleconference. Course #10-1145. 1.5 MCLE,

1.5 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.

6/3/10 - Common Pitfalls of Certificates of Insurance, (Teleconference),


(715) 833-3940.

6/3/10 - Marital Deduction and Credit Shelter Planning, (Teleconference),


(715) 835-8525.

6/3/10 - Adversary Proceedings and Contested Matters in Bankruptcy, (Teleconference),


(715) 835-8525.

June


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6/4/10-6/5/10 - Understanding, Attacking and Winning DUI Cases, (Live Presentation), Boise,

ID. Course #09-3590. 12 MCLE, 1 Ethics credits. Call Fact Finder Investigations, Inc, 208-340-

2933.

6/4/10 - Pro Bono Military Legal Assistance, (Live Presentation), Pocatello, ID. Course #10-

1385. 2 MCLE, 0 Ethics credits. Call Idaho Volunteer Lawyers Program, (208) 334-4510.

6/7/10 - Creditor Actions Allowed During Bankruptcy, (Teleconference),


(715) 835-8525.

6/8/10 - Estate and Financial Planning for Clients Living with Chronic Illness, (Teleconference),


(715) 833-3940.

6/8/10 - Enforcement of Judgments, (Teleconference), Teleconference. Course #10-1261. 1.5

MCLE, 0 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.

6/8/10 - Body Language in Voir Dire - Yours and the Jurors', (Teleconference),


(715) 835-8525.

6/8/10 - Attorney's Guide to Finding Company Information Online, (Live Presentation),


(715) 835-8525.

6/8/10 - Police Liability Claims, (Teleconference), Teleconference. Course #10-1420. 1.5 MCLE,

0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/9/10 - Navigating a Short Sale, (Teleconference), Teleconference. Course #10-1417. 1.5


6/9/10 - A View From the Bench: Top 10 Mistakes Attorneys Make in the Courtroom,

(Teleconference), Teleconference. Course #10-1423. 1.5 MCLE, 0 Ethics credits. Call National

Business Institute, (715) 835-8525.

6/9/10 - Understanding UCC Article 9 Foreclosures, (Teleconference), Teleconference. Course

#10-1428. 1.5 MCLE, 0 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.


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6/9/10-6/23/10 - Certified Idaho Workers Compensation Specialist, (Live Presentation), Boise,

ID. Course #10-1565. 17.75 MCLE, 4.5 Ethics credits. Call Idaho Industrial Commission, (208) 334-

6000.

6/10/10 - Insurance and Retirement Funds Planning, (Teleconference), Teleconference. Course

#10-1069. 1.5 MCLE, 0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/10/10-6/11/10 - Diversity for Success Seminar, (Live Presentation), Chicago, IL. Course #10-

1387. 3.25 MCLE, 0 Ethics credits. Call Defense Research Institute, (312) 795-1101.

6/10/10 - Substance Abuse in the Legal Profession, (Teleconference), Teleconference. Course

#10-1415. 1 MCLE, 0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/10/10 - Wage & Hour Independent Contractor, (Teleconference), Teleconference. Course #10-

1595. 2.5 MCLE, 0 Ethics credits. Call National Employment Law Institute, (303) 861-5600.

6/11/10 - Forensic Toxicology for Attorneys 2010, (Live Presentation), Kansas City, MO. Course

#10-0290. 6 MCLE, 0 Ethics credits. Call Toxicology Labs, Inc., (402) 935-0401.

6/11/10 - Copyright Law 101, (Teleconference), Teleconference. Course #10-1421. 1.5 MCLE, 0

Ethics credits. Call National Business Institute, (715) 835-8525.

6/13/10-6/18/10 - Estate Planning in Depth, (Live Presentation), Online Live. Course #10-

1132. 35.75 MCLE, 0 Ethics credits. Call American Law Institute - American Bar Association, (800)

253-6397.

6/14/10 - 2010 Workplace Law, (Live Presentation), Amelia Island, FL. Course #10-0379. 7.25

MCLE, 0 Ethics credits. Call National Rural Electric Cooperative Association, (703) 907-5659.

6/14/10 - Creditor Claims and Distributions in Bankruptcy, (Teleconference),


(715) 835-8525.

6/14/10 - Using Balance Sheets to Determine a Company's Net Worth, (Teleconference),


(715) 835-8525.

6/14/10 - Shareholder Disputes: When the Love is Gone, (Teleconference),


(715) 835-8525.


PAGE 15

6/15/10 - Grits and Grats for Traditional Family Planning, (Teleconference),

Teleconference. Course #09-3577. 1.5 MCLE, 0 Ethics credits. Call Cannon Financial Institute

Inc., (706) 353-3346.

6/15/10-6/16/10 - 2010 Legal Seminar, (Live Presentation), Amelia Island, FL. Course #10-

0380. 8.5 MCLE, 1 Ethics credits. Call National Rural Electric Cooperative Association, (703) 907-

5659.

6/15/10 - Consumer Bankruptcy: The Basics of Chapters 7 and 13, (Live Presentation), Boise,

ID. Course #10-0799. 6 MCLE, 1 Ethics credits. Call National Business Institute, (715) 835-8525.

6/15/10 - Ten Key Errors in Drafting LLC Operating Agreements, (Teleconference),


(715) 835-8525.

6/15/10 - Handling the Auto Injury Claim, (Live Presentation), Boise, ID. Course #10-1097. 6


6/15/10 - Litigating in the Social Networking Era, (Teleconference), Teleconference. Course #10

-1336. 1.5 MCLE, 0 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.

6/15/10 - Boot Camp: Employment Law Affecting Small Businesses, (Teleconference),


(715) 835-8525.

6/15/10 - Handling Divorce Cases from Start to Finish, (Online - Live), Online Live. Course #10-

1424. 6 MCLE, 1 Ethics credits. Call National Business Institute, (715) 835-8525.

6/15/10 - Retirement and Pension Issues in Divorce, (Teleconference), Teleconference. Course


6/15/10 - Estate Planning for Noncitizens Residing in the U.S., (Teleconference),


(715) 835-8525.

6/16/10 - Best Practices in Life Sciences Prior Art Searching, (Online - Live), Online. Course

#10-0419. 0.75 MCLE, 0 Ethics credits. Call Legal Advantage, LLC, 304-637-6202.

6/16/10 - Establishing and Maintaining Tax Exempt Status, (Teleconference),


(715) 835-8525.


PAGE 16

6/16/10 - Meet the Special Needs of Your Elderly Clients, (Teleconference),


(715) 835-8525.

6/16/10 - Analysis and Litigation of Claims Against Stockbrokers and Investment Advisors,



6/17/10 - Fundamentals of Employment Law, (Live Presentation), Yakima, WA. Course #10-

0992. 7.25 MCLE, 0 Ethics credits. Call Sterling Education Services, (715) 855-0495.

6/17/10 - Enforcement of Judgments, (Teleconference), Teleconference. Course #10-1261. 1.5

MCLE, 0 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.

6/17/10 - Medicare Set - Asides in Personal Injury Settlements, (Teleconference),


(715) 835-8525.

6/17/10 - Collection Law Tips and Strategies, (Teleconference), Teleconference. Course #10-

1607. 1.5 MCLE, 0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/21/10 - Bankruptcy: Automatic Stay Relief for Creditors, (Teleconference),


(715) 835-8525.

6/21/10 - Using Cash Flow Analysis to Spot a Company's Financial Problems Early,



6/21/10 - Letters of Intent Fundamentals, (Teleconference), Teleconference. Course #10-

1507. 1.5 MCLE, 0 Ethics credits. Call Lorman Business Center, Inc., (715) 833-3940.

6/21/10 - Effective Evidence Presentation at Trial, (Teleconference), Teleconference. Course


6/21/10 - Employee Discipline and Termination: Tips, Tactics, Do's and Don’ts,




PAGE 17

6/22/10 - Preventing and Defending Bad Faith Claims, (Teleconference),


(715) 835-8525.

6/23/10 - Building a Case from Discovery to Trial and Beyond: Dispositive Motion Practices

and Pre - Trial Motions, (Live Presentation), Boise, ID. Call ISB Young Lawyers Section, (208) 334-

4500.

6/24/10 - Landlord - Tenant Law Update, (Live Presentation), Billings, MT. Course #10-


6/24/10 - Trends in Miranda Rights and Violations, (Teleconference), Teleconference. Course


6/28/10 - Uses and Abuses of In Limine Motions, (Teleconference), Teleconference. Course #10-


6/29/10 - LLC Charging Order Protections, (Teleconference), Teleconference. Course #10-

0999. 1.5 MCLE, 0 Ethics credits. Call National Business Institute, (715) 835-8525.

6/30/10 - 22nd Annual Advanced Estate Planning Techniques, (Online - Live), Online

Live. Course #10-1306. 6.75 MCLE, 1 Ethics credits. Call National Business Institute, (715) 835-

8525.

July

7/7/10-10/23/10 - Legal Leadership Academy: Session 1 and Session II, (Live Presentation),

Arlington, VA. Course #09-2878. 21.25 MCLE, 0 Ethics credits. Call Corporate Executive Board,

571-303-3346.

7/8/10 - Fundamentals of Employment Law, (Live Presentation), Billings, MT. Course #10-


7/8/10 - The Art and Science of Ethically Firing a Client, (Teleconference),

Teleconference. Course #10-1569. 1.5 MCLE, 1.5 Ethics credits. Call Lorman Business Center,

Inc., (715) 833-3940.

7/12/10 - Drafting Document Retention Policies, (Teleconference), Teleconference. Course #10-



PAGE 18

7/13/10 - Conservation Easement Tax Incentives, (Teleconference), Teleconference. Course


Idaho State Bar 208-334-4500 Visit http://isb.idaho.gov/general/menu_cle.html for more information.

Links to additional CLE opportunities: www2.state.id.us/isb/cle/upcoming_courses.htm

www.nbi-sems.com www.halfmoonseminars.com

www.lorman.com www.westlwgaledcenter.com

www.ipe-sems.com http://www.estrinlegaled.com/

One flag, one land, one heart, one hand, One Nation evermore!

~ Oliver Wendell Holmes

Documents

IAP NETWORK JUNE - JULY 2010 IAP Network June IAP Newsletter.pdf · IAP NETWORK JUNE - JULY 2010 PAGE 1 President’s Message By Lauren Paul IN THIS FAMILY LAW ISSUE... News From