QDROs and COAPs: Ethical, Drafting, and Litigation Traps for the Unwary

If you handle divorce cases, then inevitably you will have to address the division of some kind of a retirement account. Whether you are dividing an ERISA-based retirement, military retirement, or civil service retirement, knowing the process and drafting the proper orders can be a daunting task. It is important to know the steps you should take and how to avoid the pitfalls you may encounter.

The speakers will provide you with the Dos and Don’ts of dividing retirement accounts and checklists to ensure that you have covered the important and necessary provisions along with way.

ATTENDING IN PERSON ON SEPTEMBER 8?

The Bobzien-Gaither Education Center in Richmond/Innsbrook is our new state-of-the-art facility designed with your safety in mind. It features a Centurion air filtration system, which quickly and effectively eliminates viruses and bacteria. Additionally, the facility is thoroughly cleaned before each seminar, and face masks and hand sanitizer will be available.

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

 

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $60 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
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COURSE SCHEDULE (September 8) (Eastern Time)

9:00	Welcome, Introduction, and Administrative Announcements Jay B. Myerson, Moderator
9:10	Division of Federal, State, and Military Retirement Plans Allison W. Anders A guide to the Dos and Don’ts.
10:05	Drafting QDROs for Retirement Plans Covered by ERISA Heather A. Cooper How to avoid common drafting errors when dividing defined benefit and defined contribution plans.
11:05	Break
11:15	Ethical Considerations Emily F. Hedrick A discussion of ethical pitfalls, including the permissible scope of work by a paralegal (or other nonlawyer) and the risk of unauthorized practice of law by independent paralegals; what it means to provide competent representation in these matters; how to define the scope of representation; how to identify your client and what kinds of conflicts you may encounter. This will include the application of RPCs 1.1, 1.2, 1.7, 5.3, and 5.5.
12:10	Adjourn
12:15–1:30	Networking Lunch (boxed lunches will be provided at the live-on-site seminar to those attending in person)

• Sign-in for live seminar attendees in Richmond begins at 8:30 a.m.
• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (November 1) (Eastern Time)

10:00	Welcome, Introduction, and Administrative Announcements Jay B. Myerson, Moderator
10:10	Division of Federal, State, and Military Retirement Plans Allison W. Anders A guide to the Dos and Don’ts.
11:05	Drafting QDROs for Retirement Plans Covered by ERISA Heather A. Cooper How to avoid common drafting errors when dividing defined benefit and defined contribution plans.
12:05	Break
12:15	Ethical Considerations Emily F. Hedrick A discussion of ethical pitfalls, including the permissible scope of work by a paralegal (or other nonlawyer) and the risk of unauthorized practice of law by independent paralegals; what it means to provide competent representation in these matters; how to define the scope of representation; how to identify your client and what kinds of conflicts you may encounter. This will include the application of RPCs 1.1, 1.2, 1.7, 5.3, and 5.5.
1:10	Adjourn

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

FACULTY

Allison W. Anders, Chaing Anders, PLLC / Virginia Beach
Heather A. Cooper, Cooper Ginsberg Gray, PLLC / Fairfax
Emily F. Hedrick, Virginia State Bar / Richmond

MODERATOR

Jay B. Myerson, The Myerson Law Group, PC / Reston

ABOUT THE SPEAKERS

Allison W. Anders, Chaing Anders, PLLC / Virginia Beach
Allison Anders received her Juris Doctor in 2001 from Loyola University School of Law at New Orleans. After law school, she returned to Virginia and clerked for an Administrative Law Judge with the Department of Labor in Washington, DC, for one year. Thereafter, she worked as an associate at McKenry, Dancingers, Dawson & Lake from 2003 to 2006, as an associate and partner at Kaufman and Canoles from 2006 to 2015, and as a partner at Parks Zeigler from 2015 to 2022. On May 1, 2022, she started her own firm, Chaing Anders, with her partner Cynthia Chaing. Ms. Anders has exclusively practiced family law since 2006.

Ms. Anders is a Fellow of the American Academy of Matrimonial Lawyers (AAML) and is currently serving as the publicity and membership chairperson of the Virginia chapter of the AAML. She is also a member of the Virginia Beach Bar Association (VBBA), Virginia State Bar Association (VSB), Virginia Trial Lawyers Association (VTLA), and Virginia Bar Association (VBA). She has been very active with the VBBA, serving on various committees since 2003 and is currently the President-Elect. She has also been a member of the VBA Family Law Coalition since November 2015 and on the Executive Committee as a member at-large of the Conference of Local and Specialty Bar Associations (CLSBA) since 2021.

Ms. Anders has been honored and recognized by numerous organizations: she has been recognized by Best Lawyers^®, rated a Super Lawyer by Superlawyers.com, named Legal Elite by Virginia Business magazine, as well as Top Lawyer by Coastal Virginia magazine; AV rated by Martindale-Hubbell; and she has achieved a 10.0 rating by AVVO. She has also served as moderator, presenter, and panelist for Virginia CLE^®, VTLA, and NBI (National Business Institute).

 

Heather A. Cooper, Cooper Ginsberg Gray, PLLC / Fairfax
Heather A. Cooper, Esquire, is one of the three founding partners of Cooper Ginsberg Gray, a family law firm established in 1994 in Fairfax, Virginia. Throughout her career, she has devoted her practice to helping clients navigate through legal and emotional issues inherent in complex family law matters. Ms. Cooper’s courtroom experience includes litigating issues ranging from child custody and distribution of property (including retirement assets, stock options, business interests, and real estate) to alimony and child support. She has also represented clients in protective order hearings, third-party depositions, and those seeking prenuptial agreements. In addition to her trial experience, Ms. Cooper has written briefs and presented arguments in Virginia’s appellate court system in areas such as validity of prenuptial agreements, spousal support modification, equitable distribution, and the effect of Social Security Disability payments on child support obligations.

Outside of the courtroom, Ms. Cooper gives back to the legal community by conducting Continuing Legal Education seminars for other attorneys and paralegals. She speaks on topics including basic divorce law for paralegals, premarital agreements, division of retirement benefits upon divorce, litigation of custody issues, custody evaluations, and enforcement of marital agreements. Ms. Cooper recently served as President of the Board of Directors for the Fairfax Law Foundation, the charitable arm of the Fairfax Bar Association. In her free time (and to help reduce the stress of a busy family law practice), she volunteers as a dog-walker at the Fairfax County Animal Shelter.

 

Emily F. Hedrick, Virginia State Bar / Richmond
Emily Hedrick is Ethics Counsel for the Virginia State Bar and has been at the Bar since 2011. She currently serves as a staff liaison to the Standing Committee on Legal Ethics, the Special Committee on Technology and the Future Practice of Law, and previously worked with the Practice Management Task Force, among other VSB groups and task forces. She also drafts advisory ethics opinions and provides informal ethics advice to members of the bar through the ethics hotline.

Before joining the VSB, Ms. Hedrick was a law clerk fellow at the Supreme Court of Virginia Office of the Chief Staff Attorney. She has a B.A. in philosophy from the University of Virginia and a J.D. from the University of Virginia School of Law.