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Tristan Kenyon Schultz

Tristan Kenyon Schultz

IN TOTO Legal Services
  • Divorce, Family Law, Tax Law...
  • Colorado
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Summary

IN TOTO Legal Services: IN TOTO Legal Services is designed to be an efficient and client-centered law firm. IN TOTO provides reasonably priced, high quality legal advice that is tailored to meet your needs. We maintain continuous updates with your legal needs and quickly reply to your communications. Other benefits include a free initial consultation and ability to travel to your home, office or other meeting place at no additional cost. Biography: Tristan graduated Summa Cum Laude from Colorado State University in 2003. He received his legal training at the University of Washington in Seattle and was awarded a Juris Doctorate and a concurrent degree in Intellectual Property Law in 2007. He was also named the Intellectual Property Fellow from 2006-2007. Following his graduation from law school, Tristan received a post-doctorate degree (Master of Legal Letters) in Taxation from the University of Denver in 2008. Tristan worked for the University of Washington dividing his work between providing legal advice to faculty and staff and assisting in the developments of startups originating from the University. While at Washington, he drafted agreements between the outside parties and the University on matters related to employment, intellectual property assignments, joint ventures, and international law. Following his graduation from the University of Denver, Tristan was general legal counsel at Property Renovation and Management. There he provided tax advice and handled real estate transactions and valuations.

Practice Areas
  • Divorce
  • Family Law
  • Tax Law
  • Business Law
  • Intellectual Property
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Colorado
10th Circuit
Tax Court
Languages
  • English: Spoken, Written
  • Japanese: Written
Professional Experience
Attorney
IN TOTO Legal Services
- Current
Staff attorney providing legal services in Northern Colorado
In House Counsel managing property acquisitions and site management
Property Renovation and Management
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Negotiated purchase and service agreements; drafted and reviewed property valuations; supervised and worked with subcontractors; and handled all in-house finance and legal matters.
Technology Associate
Center for Commercialization, University of Washington
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Drafted domestic and international intellectual property licenses/assignment agreements, met with faculty; reviewed licensing contracts for compliance; reviewed suitability of copyrightable material; and filed copyrights.
Education
The University of Denver Sturm College of Law
LL.M. / Taxation (2008)
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Honors: FFEL Grant and Golden Key Award
University of Washington School of Law
J.D. / J.D. with Concurrent Law in Intellectual Property Law (2007)
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Honors: 6 merit-based scholarships, and 3 published articles.
Activities: Press Officer, Technology and Law Society
Colorado State University
B.A. / History (2003)
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Honors: Summa Cum Laude, Phi Beta Kappa, Dean’s List 1999-2003, and 9 merit-based scholarships
Professional Associations
Colorado Bar Association, Young Lawyers Division
Member
Current
Larimer County Bar Association
Member
Current
State Bar of Colorado # 48080
Member
Current
Publications
Articles & Publications
Understanding Open Source
Licensing Law
Why Does The GPL Need Revising?
Licensing Law
Can Canada Regulate the Internet?
LawNow
Are Ads Invisible to the Law?
CASRIP Newsletter (Featured Article)
Certifications
Tax Preparer
IRS
Websites & Blogs
Website
Home of IN TOTO Legal Services
Legal Answers
1713 Questions Answered

Q. Once a lease has been completed with no incident, does the landlord have the right to force the tenant to sign another
A: If the lease has expired, the normal landlord-tenant negotiations start anew. The landlord is not required to mandate another lease be signed, but similarly the landlord is not prevented from attaching the condition of a signed lease. While you are not required to sign a lease and can become a "hold-over" tenant with a month-to-month lease, the landlord can reject attempts to create a holdover status and move for eviction.
Q. As sellers of a condo under contract, how to terminate the sale?
A: The sales contract defines the terms of termination and associated penalties. If you want to know the specific repercussions of termination you will need to hire an attorney to review the contract or you can review the contract yourself. Be warned, terminations are partially time sensitive, so you should proceed sooner rather than later on reviewing the contract and giving notice (if you decide to terminate).
Q. Contacting co-parent's attorney?
A: There is a lot of bluster here. Yes, it is possible, under the right circumstances, to request and get a no contact order and have the other side pay the fees. HOWEVER, fee paying is rarely granted (in practice it is restricted to really bad acts by a party--say, daily death threats...). As for the no contact order, there is a bit of an issue in requesting no contact. Officially, a party that is represented by an attorney cannot be contacted directly by the opposing party. If you had an attorney, there is no dispute that the attorney could not contact your ex directly. The rules for spouses get complicated. You should not (and arguably cannot) contact your ex to negotiate any litigation matters (say choice of a mediator). In other words, for litigation matters you need to deal with the attorney. However, for matters that do not relate to litigation you should be able to communicate. For example, when exchanging the kids you can be in contact and communicate about non-litigation matters (e.g. calling to say you will be 10 minutes late). The likelihood of successfully getting a no contact order is largely case specific. That is, the actions or the parties (facts of the case) and the judge largely define the overall success of a no contact request. However, the likely outcome for an unrepresented party that is not harassing or threatening the other party is a stern warning from the judge versus a formal order with attorney fees. No comment can be made about the status of your case because an attorney would need to review the case file to see where you are in the litigation process. That said, review the court orders that you have; you should have some documentation with wording like "case management order" or "judge's order". If you cannot find these matters you can request copies from the Clerk's Office (there is a per page fee for requests). For detailed and case specific advice you will need to contact an attorney directly. Expect to pay for the attorney's time.
Q. How do I clear an expired judgement lien in Colorado from 2010? Lien not renewed. Shows on court record as unsatisfied.
A: Judgment liens create a new SoL tolling period beyond the SoL for filing suit. In most situations this is 10 years from the date the lien was authorized by the court. Usually, an additional 10 year renewal is allowed. Colorado also has some case law that under the right circumstances can further extend the tolling period. Justia's Q&A cannot provide an assessment for when your tolling period will expire because this would create an attorney-client relationship. If you want a firmer date you will need to contact an attorney directly. Expect to pay for the attorney's time.
Q. Can the Court consider a father's abuse of one child as relevant to his parental rights with another child?
A: Yes and no. If the abuse can be established as part of pattern of parenting towards all the children, the general pattern of abuse is considered. However, if the abuse is solely directly towards one child (yes, this does happen), the abuse is generally restricted to only the abused child (this does not apply for proven sexual assault towards a child). Overlapping the issue of relevancy, is general admissibility. That is, the abuse consideration is partial conditional on the ability of the parties to get or block the abuse from being admitted into evidence (documents and witnesses). If you have an attorney talk to them about the abuse. If you do not, consider hiring an attorney because an attorney will likely be able to find a way to discuss the abuse in some fashion.
Q. at what point can a walkthrough for damage deposit be considered finished? Landlord is witholding based on new finding
A: The landlord can try and based on the circumstances there could theoretically be a legitimate claim (e.g. the departing tenant could have hidden damage). However, the landlord has a very big problem related to causality. Specifically, with a prior walk thru (with a confirmation) and notice after 2 weeks of a new tenant means that it may difficult to connect the departing tenant with the damage. Based on your facts, the departing tenant (you) has a much stronger case than the landlord. That being said, the landlord can withhold some of the security deposit and force you to sue to get the money back. Note, Colorado allows special damages (of a reasonable amount) when landlords improperly withhold a security deposit. You may need an attorney for assistance, but an attorney is not required.
Q. My daughter is 18 years old and has graduated high school, she starts college soon. Am I still obligated to pay support?
A: Termination of support requires court approval. If you incorrectly terminate support without court approval, you will be subject to interest and penalties like a normal non-paying parent. Based on your facts, the child MAY be emancipated (Justia's Q&A cannot provide legal determination because no attorney-client relationship is created), so future payments may not be due. However, the arrears plus all interest/penalties are still due regardless of the age of the child. For all the details you will need to contact an attorney directly. Expect to pay for the advice.
Q. I'm in a common law divorce in Colorado. I want to know if I'm entitled to my 1/2 of everything?
A: Your potential share of the marital estate is based on many considerations. First, you need to establish that you do have a common law marriage (this requires court approval). If you are not legally married, your interest is limited to jointly held property. Second, Colorado does not automatically divide the marital estate at 50-50% because Colorado is a "common law" state. This means the division must be equitable, but equitable can mean more or less than 50%. Finally, the facts of your situation will greatly impact the listed factors (above) and other considerations. For this reason you are highly encouraged to contact a lawyer to both evaluate you likely interest (if any) in the marital estate. The attorney can also review the offer and provide guidance.
Q. Whats the best way to classify and start a business with 2 owners who have 2 businesses that we want to bring together?
A: To find a paring you will need to meet with a lawyer who can listen to your needs and concerns. Expect to pay for the attorney's time. Be aware that you can contract for advice and filing OR just advice (the far cheaper option for most attorneys). The basic options include separate businesses, parent-subsidiary relationships, and consolidated businesses.
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Contact & Map
Mailing Address
P.O. Box 272285
Fort Collins, CO 80527
USA
Telephone: (970) 227-6265
Main Office, IN TOTO Legal Services
155 E. Boardwalk Drive
Fort Collins, CO 80525
USA
Cell: (970) 227-6265
Loveland Office
1635 Foxtrail Drive
Loveland, CO 80538
USA
Denver Office
1900 Grant Street
Denver, CO 80203
USA