The El Paso County Bar Association

Proudly Serving the Pikes Peak Region Since 1902


Family Section Lunch:The Durie Case

  • 18 Feb 2020
  • 11:30 AM - 1:00 PM
  • Jack Quinn's, 21 S Tejon St, Colorado Springs, CO 80903

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Durie Case and the Impact on 16.2 Disclosures

Rule 16.2 was a sea change in how the courts and family law practitioners handle cases.  It recognized for the first time that “Family members stand in a special relationship to one another and to the court system.”  The Rule embraces the principle that spouses and parents are in a fiduciary role to each other and to their children.  It was aspirational in its goals to make the process less adversarial and to provide families with “…a just, timely and cost effective process.”

We are now fifteen years down the road with Rule 16.2.  The verdict on whether it has met its goals is mixed.  Lawyers could do a better job of meeting deadlines and making sure their clients update their disclosures. Lawyers could do a better job with the JTMC.  Judges struggle with finding time to do meaningful case management given their busy dockets but those who do so see favorable results with fewer contested trials or trials on narrower issues.  Enforcement of the Rule is uneven at best and lacking at worst.  But, as one judge said: “What’s the point in having the Rule if we don’t follow it.”  Everyone would benefit if those involved would focus on defining what the important issues are and tailoring the process to the needs of each case.

Speaker: David Johnson

David M. Johnson has practiced law for more than 42 years. He has practiced family law exclusively for over 35 years. His background includes serving as a family court magistrate judge in El Paso County and representing children in juvenile cases and bitter divorce battles over children. His practice concentrated on complex cases involving children’s issues and high value marital estates. He has handled many cases involving business valuations, complex trust issues, and spouses with substantial wealth. He has drafted prenuptial agreements and post nuptial agreements involving multimillion dollar estates.

Jack Quinn's CLE menu

Due to recent changes, there will no longer be individual checks. Pre-orders and refunds must be done 3 business days in advance. Orders may be placed after 3 business days and food may be ordered at the event, though late orders will be served after pre-orders. "No-shows" will still be charged for their meal if not cancelled on time.

The lunch is held on the 2nd floor of Jack Quinn’s. We apologize for the inconvenience, but there is no elevator access, only stairs. Please let us know if you need accommodation.

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El Paso County Bar Association is a 501(c)6 non-profit organization.

Colorado, P.O. Box 429, Colorado Springs, CO 80901-0429

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