LSND Annual Summer CLE

Program Agenda:

8AM-9:30AM Guardian Ad Litem 101: Understanding the Distinctions Between Lay and Attorney GALs

Many attorneys (and clients) struggle to understand the critical differences between lay guardians ad litem (GALs) and attorney guardians ad litem. These roles serve distinct functions, yet confusion often arises regarding their duties, ethical responsibilities, ability to testify, and who they truly represent.

This CLE will provide a clear breakdown of the differences between lay and attorney GALs, including:

• The legal authority and role of each type of GAL
• Who the "client" is for lay and attorney GALs
• The scope of advocacy vs. neutral fact-finding
• The ability (or inability) of a GAL to testify in court
• Common misunderstandings among attorneys and clients
• Best practices for working with GALs in litigation

Through real-world examples and case law, this program will help attorneys better navigate cases involving GALs, ensuring clarity in representation and court proceedings. Whether you serve as a GAL, represent a party in cases involving GALs, or even preside over these cases, this CLE will enhance your understanding of these critical roles in the legal system.

9:45AM-11:15AM Navigating Domestic Violence Situations in Residential Responsibility Cases

This overview covers domestic violence from both legal and social perspectives, contrasting statutory definitions with expert views on abuse beyond physical violence. It explores the impact on children, the legal framework for parental rights in domestic violence cases (focusing on relevant statutes), and related case law. It also addresses strategies for identifying domestic violence during intake, gathering evidence, and the roles of parenting investigators and GALs. If time allows, gender issues in domestic violence, including challenges for male victims and power imbalances, will be discussed.

The objectives of this program include:

• Compare legal vs. social definitions of domestic violence, including non-physical abuse and impacts on children.
• Review relevant statutes on domestic violence in parental rights cases (e.g., 14-09-06.2(j), 14-09-29, 14-09-31, 14-09-32).
• Summarize key case law interpreting those statutes.
• Explore strategies for identifying domestic violence during intake and interviewing clients.
• Discuss evidentiary issues: records, child testimony, roles of parenting investigators and GALs.
• If time permits, address gender dynamics, male victims, and co-offender scenarios.

11:30AM-12:30PM Profit Loss, Burnout, Attrition—All Symptoms of One Problem

Across the legal field, firms and organizations are all struggling with similar issues. From budgets tightening, to professionals burning out, to a perceived lack of lawyers, to promising talent walking away, everyone seems to have the same problems. Whether you’re in private practice, legal aid, public service, or the courts, the challenges look different, but they often stem from the same core issue. This session tackles the root cause most legal organizations are still avoiding. We have outdated systems, inefficient processes, and a reluctance to rethink how we do things. It’s not about chasing shiny new tools. It’s about adapting with intention to meet the demands of today’s legal landscape.

We’ll cover how innovation, when done right, can reduce burnout, improve outcomes, and create more sustainable careers across the legal profession, including:

• Why resistance to change is more expensive than most realize
• How strategic use of automation, remote staffing, and legal tech can alleviate pressure points
• What today’s workforce actually wants—and why it matters
• Real-world examples of tools and approaches that are working in high-stress legal environments, from solo practices to statewide systems

If you’re tired of putting out fires and ready to explore what’s possible when we stop doing things the way they’ve always been done, this session is for you.