Calendar Call

Episode 101: Pro Bono This month on Calendar Call, Matt Berardino talks Pro Bono with Attorney Jenn Shukla, Director of Access to Justice Initiatives and Interim Director of DEI at the Connecticut Bar Association and Attorney Dan Brody, Co-Chair of the CBA's Pro Bono Committee. Matt, Attorney Shukla, and Attorney Brody discuss a number of topics including why do pro bono, pro bono obligations, potential MCLE credits for pro bono, and critical areas of need for pro bono. Other topics include opportunities available through the CBA, training for practitioners, concerns and issues, as well as many resources available. Rule 6.1 of Professional Conduct CTbar.org/volunteer

Episode 100: Office of the Victim Advocate This month on Calendar Call, Paul Bourdoulous talks with Attorney Natasha Pierre, the State Victim Advocate, about the work of the Office of the Victim Advocate. Paul and Attorney Pierre discuss what the OVA is, the role of the OVA, and constitutional rights of victims. Additional topics include interactions between the OVA and the various parts of government, common pitfalls, and advice to those who interact with victims. CGS Sec. 1-1k Office of the Victim Advocate

Episode 99 – Escheatment of Funds from Attorney IOLTA Accounts This month on Calendar Call, Matt Berardino talks with Michelle Seagull, Assistant Treasurer for the State of Connecticut, and Elizabeth Rowe, First Assistant Bar Counsel for the Connecticut Judicial Branch, about the escheatment of funds from attorney IOLTA accounts. Matt, Michelle, and Elizabeth discuss the regulation of IOLTA accounts, common issues, and the process of escheatment. Additional topics include best practices, scenarios where escheatment would not be appropriate, and more. Sec. 3-56a CT Big List Email: CTHolderReport@ct.gov or Call: 860-702-3293

Episode 98 – Americans with Disabilities Act (ADA) This month on Calendar Call, Paul Bourdoulous talks with Sandra Lugo-Gines, Program Manager for the Superior Court Operations Division about the Americans with Disabilities Act with a specific focus on Title II and public services offered by the Connecticut Judicial Branch. Paul and Sandra discuss what the ADA is, the scope of disability, and the requirements of the Judicial Branch to comply with Title II. Additional topics include common services provided, requests for accommodation, service animals, and more. Title II ADA.gov Rehabilitation Act of 1973 Americans with Disabilities Act of 1990 Centralized ADA Office Email: ADAprogram@jud.ct.gov or Call: 860-706-5310

Episode 97 – Basics of G.A. Practice This month on Calendar Call, Matthew Berardino talks with Attorney Robert Dwyer about the basics of practice in Connecticut's Geographical Area Courts. Matt and Attorney Dwyer discuss numerous topics including an overview of the process involving clients in criminal court, arraignments, protective orders, and plea bargains. Additional topics include diversionary programs, trials, jury selection, and more.

Episode 96 – Recent Changes to CT Paid Leave This month on Calendar Call, Matthew Berardino once again engages in talks with Chief Executive Officer of the Connecticut Paid Leave Authority, Erin Choquette, about the recent updates to Connecticut Paid Leave. Matt and Erin discuss changes to municipalities, family violence, and employees of tribal governments and businesses. Matt and Erin also talk about recovering overpayments and the employers requirements. P.A. No. 24-5

Episode 95 – Pretrial Services and Diversionary Programs This month on Calendar Call, Paul talks with Robert Cristiano, Regional Manager in the Court Support Services Division about pretrial services and diversionary programs. Paul and Robert discuss what the pretrial services process entails, the many different diversionary programs offered, and resources that are available. Special Sessions and Diversionary Programs

Episode 94 – Attorney Succession Planning This month on Calendar Call, Matt talks with Attorney Elizabeth Rowe, First Assistant Bar Counsel, about attorney succession planning. Matt and Attorney Rowe discuss the first steps to winding down a practice, the types of retirements for attorneys, and options to consider when retiring. Additional topics include duties to former clients, plans for unexpected events, common mistakes, resources available, and more. Retirement FAQ's Rules of Professional Conduct

Episode 93 – Attorney Regulation and Discipline This month on Calendar Call, Paul talks with Attorney Christopher Slack, Statewide Bar Counsel and Attorney Brian Stains, Chief Disciplinary Counsel, in the Legal Services Unit of the Connecticut Judicial Branch. Paul and Attorney's Chris Slack and Brian Staines discuss an overview of the Legal Services Unit as well as the process when an attorney has been grieved. Additional topics include advice to attorneys to avoid getting grieved, most common complaints and violations, and more. CT Practice Book Rule 1.15

Episode 92 – Municipal Liability This month on Calendar Call, Matt talks with Attorney John Diakun, City Attorney for New Britain in the Corporation Counsel's Office about municipal liability. Matt and Attorney Diakun discuss topics including what entails municipal liability, common issues, and exceptions. Matt and John talk about the many nuances of liability including defects, qualified immunity, and much more. Sec. 52-557n Sec. 10-220 Sec. 13a-149 42 U.S. Code § 1983

Episode 91 – Name, Image, Likeness (NIL) Pt. 2 This month on Calendar Call, Matt talks with Attorney Nate LaVallee in part 2 of the NIL podcast. Part 2 topics include practical advice for attorneys regarding NIL, issues regarding income and reporting requirements, as well as disclosure laws. Additional topics include NIL and Title IX, upcoming rule changes, and more. House v. NCAA

Episode 90 – Name, Image, Likeness (NIL) Pt. 1 This month on Calendar Call, Matt talks with Attorney Nate LaVallee, Deputy General Counsel for UConn, about the evolving area of law concerning Name, Image, and Likeness rules for student athletes.Matt and Nate discuss what NIL is, the legal history of NIL, and cases that jump started NIL in college sports. Part 1 topics also include what states are doing regarding NIL laws and policies, NIL requirements across the board, collectives, and more. O'Bannon v. NCAA NCAA v. Alston

Episode 89 – Appellate Briefing This month on Calendar Call, Matt talks with Attorney Luke Matyi, Assistant Clerk for Supreme and Appellate Courts about Appellate briefing. Matt and Luke discuss various topics including the Appellate process, changes to the rules, and content and formatting. Additional topics include reasons for return, deviation, and self-help resources. CT Practice Book Self-help Resources

Episode 8 – The Great Writ This month on Calendar Call, Paul talks with Attorney Arnold Amore, Assistant Public Defender for the CT Innocence Project, Post-Conviction Unit about Habeas Corpus, commonly referred to as The Great Writ. Paul and Attorney Amore discuss what a Habeas is, the difference between an appeal and Habeas petition, and ineffective assistance of counsel cases vs lapse plea cases. Paul and Attorney Amore also talk about common mistakes that lead to ineffective assistance of counsel claims, what happens over the course of a Habeas proceeding, the role of the Public Defender in the Post-Conviction Unit, and more. Artl.S9.C2.1 Suspension Clause and Writ of Habeas Corpus Connecticut Constitution, Article 1, Sec. 12 Amdt6.6.5.1 Overview of the Right to Effective Assistance of Counsel Magna Carta: Muse and Mentor Habeas Corpus FAQ

Episode 87 – Healthcare Advance Directives This month on Calendar Call, Matt talks with Probate Court Administrator, Judge Beverly Streit-Kefalas, about Healthcare Advance Directives. Matt and Judge Streit-Kefalas discuss the purpose of advance directives, execution requirements, and issues clients might face. Additional topics include incapacity, revocation, conservators, and more. CGS 19A-570 through 580(i) Rule 1.14 Rule 1.2 In Re Quinlan, 70 N.J. 10, 355 A.2d 647 (1976) Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990) Bush v. Schiavo, 885 So. 2d 321 (2004)

Episode 86 – Office of Victim Services This month on Calendar Call, Paul talks with Mary Kozicki, Director of Victim Services for the Connecticut Judicial Branch. Paul and Mary discuss the many services within OVS including the Victim Compensation Unit, the Victim Services Unit, the Sexual Assault Forensic Examiners Program, the Fiscal Administrative Unit, and the Training and Education Unit. OVS Homepage CT SAVIN Victim Services Unit

Episode 85 – Connecticut Unfair Trade Practices Act (CUTPA) This month on Calendar Call, Matt talks with Attorney Scott Madeo at the Department of Consumer Protection and Attorney Jeremy Pearlman at the Division of Enforcement and Public Protection. Matt, Scott, and Jeremy discuss the complaint process, investigation, and enforcement. Additional topics include the hearing process, state vs. private actions, jurisdiction, and the statute of limitations. CUTPA CGS Sec. 42-110 Per Se CUTPA Violations Department of Consumer Protection

Episode 84 – Small Claims This month on Calendar Call, Paul talks with Attorney Yujia (Julia) Xia, Program Manager for the Superior Court Operations Division, about the process of small claims, the scope that is covered, and the differences between traditional civil matters and small claims actions. Included in this podcast is a brief history of small claims in CT, the Online Dispute Resolution Program, updates and changes, and more. CGS Sec. 47a-21 Security Deposits 2023 CT Practice Book Ch. 24, pg. 289 Small Claims Small Claims FAQ's

Episode 83 – Temporary Restraining Orders and Civil Protection OrdersThis month on Calendar Call, Matt talks with Johanna Greenfield, Deputy Director of Court Operations for the Family Division, and Rebecca Schmitt, Deputy Director of Court Operations for the Civil Division about temporary restraining orders and civil protection orders respectively. Matt, Johanna, and Becky discuss distinct situations for filing a TRO vs a CPO, the application process, and possible relief outcomes. Additional topics include coercive control, stalking, resources for applicants, and much more.CT Gen. Statutes on Orders of Protection and Relief

Episode 82 – Office of the Healthcare advocate This month on Calendar Call, Matt talks with Attorney Sean King, General Counsel at the Office of the Healthcare Advocate, about the duties and services of the OHA, common issues, and health insurance denials. Matt and Attorney King discuss recent legislation, other comparable state agencies, and resources for consumers. P.A. 99-284 P.A. 22-47 H.B. 6669 OHA

Episode 81 – Cannabis Erasure This month on Calendar Call, Paul talks with Attorney Ralph Dagostine, Deputy Director of Criminal Matters for the Connecticut Judicial Branch, about Cannabis Erasure. Paul and Attorney Dagostine discuss the new law, automatic erasures versus erasures by petition, and various nuances. Additional topics between Paul and Ralph are what happens to the record, clean slate, and more. CGS Sec. 21a-279c

Episode 80 – Connecticut Paid LeaveThis month on Calendar Call, new co-host Matthew Berardino engages in talks with Chief Executive Officer of the Connecticut Paid Leave Authority, Erin Choquette. Matt and Attorney Choquette engage in discussions about the similarities and differences between FMLA and CT Paid Leave. Matt and Erin discuss requirements, the application process, the appeal process and more.S.B. 1179P.A. 19-25 as amended by P.A. 19-117 (sections 232 through 235)

Episode 79 – Connecticut Parentage Act This month on Calendar Call, new co-host Paul Bourdoulous engages in talks with Professor Douglas NeJaime of Yale Law School on the Connecticut Parentage Act. Paul and Doug discuss parentage in Connecticut before and after the CPA, the Uniform Parentage Act, and the many different parent-child paradigms the CPA entails. Other topics include the history of what brought this act forward along with other states that have adopted similar laws. Public Act No. 21-15 Uniform Parentage Act

Episode 78 – Cybersecurity, Data Privacy, Data Protection Pt. 3 This month on Calendar Call, Mike continues talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. The final part in this series includes discussions about ABA Formal Opinion 477R; Securing Communication of Protected Client Information and 483; Lawyers' Obligations after an Electronic Data Breach or Cyberattack. Other topics include language used in fee agreements, email systems, virtual law firms, and more. ABA Formal Opinion 477R ABA Formal Opinion 483 Rule 1.4

Episode 77 – Cybersecurity, Data Privacy, Data Protection Pt. 2 This month on Calendar Call, Mike continues talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. Part 2 of this series include discussions about safeguarding social security numbers, breach of computerized data containing personal information, competence, confidentiality, and House Bill 6607; An Act Incentivizing the Adoption of Cybersecurity Standards for Businesses. CGS Sec. 52-471 CGS Sec. 36a-701b House Bill 6607 Rule 1.1 Rule 1.6

Episode 76 – Cybersecurity, Data Privacy, Data Protection Pt. 1 This month on Calendar Call, Mike talks with Attorneys Dena Castricone and Tara Trifon about Cybersecurity, Data Privacy, and Data Protection. Mike, Dena, and Tara identify and define the terms Cybersecurity, Data Privacy, and Data Protection. Additional topics in part 1 of this series include biometric data, comprehensive consumer data privacy legislation, and safeguarding personal information.

Episode 75 – Lawyers Concerned for Lawyers Updates This week on Calendar Call, Mike talks with Attorney David Williams, Executive Director of Lawyers Concerned for Lawyers, about LCL updates since 2019 and the services it provides. Mike and Attorney Williams discuss the LCL mission, where to go for LCL services, what to expect as a participant, the updated website, and much more following the impact from COVID. Lawyers Concerned for Lawyers

Episode 74 – GAL/AMC Training This week on Calendar Call, Mike talks with Attorney Susan Hamilton and Attorney Damon Goldstein about GAL/AMC training. Mike, Attorney Hamilton, and Attorney Goldstein discuss the role of a GAL/AMC, the evolution of training from pre pandemic to what it looks like today, fees and contracts, as well as why lawyers should get on the list. P.B. Sec. 25-62

Episode 73 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 4. This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. On the final part of this series, Mike and Attorney Atkins discuss scope, do's and don'ts, joint representation, termination of representation, and much more. Rule 1.5 Rule 1.15 Rule 1.16

Episode 72 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 3. This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. On part 3 of this series, Mike and Attorney Atkins continue to discuss controlling expectations, minimizing dissatisfied customers, and minimizing claims. Rule 1.5 Rule 1.6

Episode 71 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 2. This week on Calendar Call, Mike continues to talk with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. Mike and Attorney Atkins discuss the scope, structure, and reasonable fees of the client engagement agreement. Rule 1.5

Episode 70 – Red Flags and Screening New Clients Using the Client Engagement Agreement as a Risk Management Tool Pt 1. This week on Calendar Call, Mike talks with Attorney David Atkins about red flags and screening new clients using the client engagement agreement as a risk management tool. Mike and Attorney Atkins discuss the initial client conference, screening for conflicts, reasons for disputes, and more. Rule 1.2

Episode 69 – Child Protection Matters This week on Calendar Call, Mike talks with the Honorable Dawne Westbrook about Child Protection Matters. Mike and Judge Westbrook discuss an overview of the Juvenile Court. They discuss delinquency matters and child protection matters. Additionally, they discuss the role of the Department of Children and Families and more. Sec. 46b-120 Sec. 17a-112

Episode 68 – Workers' Compensation Pt. 4This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers' compensation. This is the final part in a four-part series. Mike and Attorney Maurizio discuss claims regarding permanent and total disability, disfigurement and scarring, and even death. They discuss reasonable and necessary care as well as curative vs palliative treatment. Additionally, they discuss the role of the workers' compensation commission and hearing processes. Workers' Compensation Statutes Workers' Compensation Pt. 1 Workers' Compensation Pt. 2 Workers' Compensation Pt. 3

Episode 67 – Workers' Compensation Pt. 3 This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers' compensation. Mike and Attorney Maurizio continue walking through a chronological handling of a claim. They discuss categories of benefits and impairment ratings. Sec. 31-308(b) Compensation for partial incapacity Workers' Compensation Pt. 1Workers' Compensation Pt. 2

Episode 66 – Workers' Compensation Pt. 2 This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers' compensation. Mike and Attorney Maurizio discuss COVID 19 and occupational disease and the statute of limitations for workers' compensation claims. They also discuss the difference between employees and contractors and begin going through a chronological handling of a claim. Workers' Compensation Pt. 1 Sec. 31-310 Determination of average weekly wage of injured worker. Concurrent employment. Payments from Second Injury Fund. Publication of wage tables.

Episode 65 – Workers' Compensation Pt. 1 This week on Calendar Call, Mike talks with Attorney Lawrence Morizio about workers' compensation. Mike and Attorney Morizio discuss the history of the workers' compensation act and define what a workers‘ compensation claim is. This is the first of a multi-part series, which was recorded at the request of a listener.

Episode 65 – Workers' Compensation Pt. 1 This week on Calendar Call, Mike talks with Attorney Lawrence Maurizio about worker's compensation. Mike and Attorney Maurizio discuss the history of the workers' compensation act and define what a workers compensation claim is. This is the first of a multi-part series, which was recorded at the request of a listener.

Episode 64 – Divorce Mediation Pt. 2 This week on Calendar Call, Mike talks with attorneys Deborah Noonan and Frances Calafiore in this second episode of our two-part series on divorce mediation. Attorneys Noonan and Calafiore talk about the screening process to start a couple down the path of mediation and the process of mediation once a couple has retained a mediator.Divorce Mediation Pt. 1The Connecticut Council for Non-Adversarial Divorce

Episode 63 – Divorce Mediation Pt. 1 This week on Calendar Call, Mike talks with attorneys Deborah Noonan and Frances Calafiore about divorce mediation. This is the first part in a two-part series. After defining divorce mediation, Deb and Fran discuss mediation training for attorneys and what makes a good mediator. There is a discussion about who mediation is good for and what makes a successful mediation. Additionally, Deborah and Frances weigh in on consulting counsel, having realistic expectations and how do people find out about mediation.Connecticut Council For Non-Adversarial DivorceCalendar Call - Collaborative Divorce Pt. 1Collaborative Divorce Pt. 2

Episode 62 – Collaborative Divorce pt. 2 This week, Mike talks with Attorney Eva DeFranco and Dr. Elizabeth Thayer about the collaborative divorce process. In this second episode on collaborative divorce, Eva and Liza define the members of the team and what is involved in a six-way meeting. Lastly, they discuss benefits to virtual meetings and how collaborative divorce compares to other methods of divorce in terms of time and money. Connecticut Council for Non-Adversarial Divorce

Episode 61 – Collaborative Divorce pt. 1 This week, Mike talks with Attorney Eva DeFranco and Dr. Elizabeth Thayer about the collaborative divorce process. This is the first of a two-part series. After defining collaborative divorce the panel discusses how divorcing parties start the collaborative divorce process and what kind of divorcing couples are a good fit for collaborative divorce. Connecticut Council for Non-Adversarial Divorce

Episode 60 – Identifying and Using Expert Witnesses Pt. 4 This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the final part in a four-part series. Attorney Amarante and Mike get into the specifics of being on trial and calling on your expert witness to testify. Finally, Mike and Erika go through the sections in the Code of Evidence that cover expert witnesses and the use of objections at trial. Code of Evidence Sec. 7-2

Episode 59 – Identifying and Using Expert Witnesses Pt. 3 This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the third part in a four-part series. Attorney Amarante discusses taking and defending expert depositions. Attorney Amarante talks about experts who are not board certified, defending the deposition of your own expert and using technology for the testimony of expert witnesses. 52-184C - Standard of care in negligence against health care provider Defense Research Institute Practice Book Sec. 13-4 Experts

Episode 58 – Identifying and Using Expert Witnesses Pt. 2This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. This is the second part in a four-part series. Attorney Amarante discusses how to handle "hired gun" experts, expert fees, consulting experts versus testifying experts and first steps after an expert has reviewed a case.Practice Book Section 13-4 - Experts

Episode 57 – Identifying and Using Expert Witnesses Pt. 1 This week Mike talks with Attorney Erika Amarante from Wiggin and Dana LLP about identifying and using expert witnesses. Erika explains what experts are used for in preparation for trial and at trial, as well as qualities of a good expert and identifies when experts are good to have and when they are required. Lastly, Mike and Erika discuss how to find an expert, reusing experts and when to bring an expert onto your case. CT General Statutes 52-190a CT General Statutes 52-184c

Episode 56 - Housing Court During the Pandemic and Executive Order 12D Pt. 2This week on Calendar Call we have the second of a two-part series in which Mike discusses changes in the housing court process and the effects of Executive Order 12D with Presiding Judge of Housing in Fairfield and Stamford, Walter Spader and Deputy Director II of Superior Court Operations, Nancy McGann.Episode 55 - Housing Court During the Pandemic and Executive Order 12D Pt. 1State of Connecticut Department of HousingExecutive Order 12DExecutive Order 14

Episode 55 - Housing Court During the Pandemic and Executive Order 12DThis week on Calendar Call we have the first of a two-part series in which Mike discusses changes in the housing court process and the effects of Executive Order 12D with Presiding Judge of Housing in Fairfield and Stamford, Walter Spader and Deputy Director II of Superior Court Operations, Nancy McGann. Calendar Call Episode 7 - Housing and Small ClaimsConnecticut State Department of HousingExecutive Order 12DExecutive Order 14

Episode 54 - Conducting a Residential Real Estate Closing in CT Pt. 2This week on Calendar Call, Mike is discussing the ins and outs of residential real estate closings with Attorney Richard Florentine. We finish this series discussing the responsibilities of the attorney for the seller, short sales and getting to closing.

Episode 53 - Conducting a Residential Real Estate Closing in CT Pt. 1This week on Calendar Call, Mike is discussing the ins and outs of residential real estate closings with Attorney Richard Florentine. The first part of this discussion focuses on the responsibilities of an attorney for the purchaser of residential real estate. Next episode will cover the responsibilities of the attorney for the seller.

Episode 52 – Rule 1.15 Liens and Other Interests in Personal Injury Cases Pt. 2 This week, Mike is finishing his discussion with Lincoln Woodard, principal in the firm Walsh Woodard LLC, about Rule 1.15 liens and other interests in personal injury cases. They cover Rule 1.15 and the commentary before covering 5 examples that you may come across in your personal injury practice.Connecticut Practice Book Rule 1.15