2019 April May

P R O U D LY P U B L I S H E D B Y T H E D E N V E R B A R A S S O C I A T I O N

|

A P R I L / M AY 2 0 1 9

IN THIS ISSUE TRAVEL

Best Hot Springs In Colorado

FOOD

Cooking With Counsel

SHORT STORY

Dangerous Times Down Under

A P R I L / M AY 20 1 9

F E AT U R E S

D E PA R T M E N T S

2 From the Editor

Welcome to the new Docket.

4

President’s Letter

Our amazing team at the DBA has been hard at work to update this publication and we hope you like what you see.

6 Briefly

In the contracts case Leonard v. Pepsico, what item did plaintiff Leonard seek to collect in exchange for the 7,000,000 “Pepsi Points” he had purchased?

8

The Family Law Court Program

The greater Denver area has recently seen a rise of indigent clients needing family law legal services.

30

13 A War Between Hover Craft and Scooters, Who Wins?

10 Best Hot Springs in Colorado

Whether you are chilling in a steamy bath, watching the snow fall around you, or soaking after a sweaty summer hike, our many and diverse natural hot springs are all-season haute flings! BY LOREN FAYE

19 Dangerous Times Down Under

Wylie Miller was living the dream. The 20-year-old college dropout was a frustrated adventurer, ever since he listened to the tales told by his uncle Dave... BY THE DOCKET COMMITTEE

Hovercraft, self-driving vehicles, self-driving vehicles, autonomous buses — all modern innovations touted by the Tech Gods as the next greatest technology to hit our city streets.

14 Docket Digest 15 Laszlo Scofflaw, Attorney Curmudgeon 17 A Post Satire World? No Thanks.

23 Heritage Camps: For All Blended Families

20 Cooking With Counsel What is the first step a lawyer should take to win? Consult with co-counsel,

26 Picture This

of course. Why should learning a new skill be any different... BY ELIZABETH

30 Gladdening The Mind

THARAKAN

28 Legal Affairs 32 10 Questions

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

1

FROM THE EDITOR | BY BRENDAN BAKER

Welcome to the new Docket !

We hope you will love our updated design and features. We are committed to bringing you the same high quality content you have come to expect from us, alongside a fresh new focus on community building, conversation starting, and creative expression. The Docket is a place for Denver attorneys to share information and experiences with a select cohort of highly educated, accomplished colleagues, in a fun and mobile format.

Look to these pages for holistic practice tips, highlights on events and entertainment, volunteer opportunities, satirical articles and commentary, and much more.

And, if you’re so inspired, step into the role of a beat reporter, a cultural critic, a restaurant reviewer, a successful side-hustler, or an upcoming literary phe-

2

•

THE DOCKET

•

nom, and contribute your own content to the magazine. The new Docket is your Docket — help us make it what you want!

In addition to the new design and focus of the magazine, we have a new Docket Committee for 2019. Docket Committee members brainstorm ideas for the magazine, identify potential contributors, write regular features and special articles, and attend Docket events. It’s a great way to grow your legal and social networks, develop your communications skills, and provide exposure for yourself as an attorney, all while having a lot of fun in a low-stress environment. We welcome the new Docket Committee for 2019 and thank them for their contributions!

In addition to the print version of the

A P R I L / M A Y 2 01 9

magazine, we remind readers that the Docket is also available online at www. dbadocket.org. You’re only ever a few clicks away — and writing for the Docket is a great way to increase your digital footprint. Check out some of our past articles, and stay tuned for exciting new developments!

Brendan Baker Brendan Baker, Editor bbaker@cobar.org

PRESIDENT’S LETTER | BY MO WATSON

W

elcome to the new Docket! Our amazing team at the DBA has been hard at work to update this publication and we hope you like what you see. This rework is part of the DBA’s ongoing efforts to improve your member experience, in line with our Strategic Plan goals.

One of our other most noticeable changes this year is our new location at

4

•

THE DOCKET

•

1290 Broadway. The shared space for the DBA, the Colorado Bar Association and Continuing Legal Education is nothing short of remarkable. This move has been a long time coming — as many of you may know, we were in our old location for decades! Securing this new space, along with its many technology upgrades, is the result of hard work by a joint building Task Force comprised of Jim Benjamin,

A P R I L / M A Y 2 01 9

Rebecca Dow, Dick Gast, Franz Hardy, and Qusair Mohamedbhai. The Task Force, aided by tireless work from staff at all three organizations, negotiated a stellar lease and helped foster a virtually seamless transition that wrapped up in early 2019. The new space moves these groups into a modern building, equipped with fully upgraded video and teleconferencing services that will help make the DBA more accessible to all our members.

We have hosted numerous open houses, so I hope you’ve had a chance to stop in and see the new digs; if not, please come by soon!

Finally, the DBA is proud to continue its growth and change in the years to come.

In that vein, I would like to introduce and welcome our newly selected leadership slate. The DBA Nominating Committee selected these leaders from a group of impressive applicants, all dedicated to keeping the DBA strong for years to come.

Please join me in congratulating them on their appointments!

Mo Watson Mo Watson, DBA President mwatson@cobar.org

A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, the Docket Committee or the Denver Bar Association, unless expressly stated.

DBA Leadership

OUR MISSION

President-elect

GRAPHIC DESIGNER

Dan Sweetser

To educate and entertain the Denver legal community without being sued!

Clair Smith, csmith@cobar.org ADVERTISING

advertising@cobar.org DOCKET COMMITTEE

Ainsley E. Bochniak, Julie M. Borisov, Jerry R. Bowman, II, Scott H. Challinor, Craig C. Eley, David L. Erickson, Emma E. Garrison, James R. Garts, III, Peter E. Grandey, Ryan T. Jardine, Judith A. Keene, April H. Killcreas, Lauren Lockard, Kyle J. Martelon, Esq, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Paul F. Miller, Jr, Barbara J. Mueller, Kaitlin F. Nares, Heather O’Donnell, Gregory D. Rawlings, Sara C. Sharp, Marshall A. Snider, Daniel A. Sweetser, Erica N. Vargas, Anthony J. Viorst, Rachel L. Young.

2018–19 CHAIR: Paul Miller 2018–19 DBA OFFICERS: Mo Watson, President; Kevin McReynolds, President-Elect; Lino S. Lipinsky de Orlov, First Vice President; Justin L. Cohen, Second Vice President; Franz Hardy, Immediate Past President; Daniel A. Sweetser, Treasurer; Jillian Mullen, YLD Chair; Diversity Bars, Yamini Grema; Executive Director, Patrick Flaherty 2018–19 BOARD OF TRUSTEES: Josh Berry,

Klaralee Charlton, Emma Garrison, Ruchi Kapoor, Matthew Larson, J. Ryann Peyton, April D. Jones and Mario Trimble.

WRITE FOR THE DOCKET: DBA members are

encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content

by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Brendan Baker at bbaker@cobar.org.

1st Vice President Tyrone Glover

2nd Vice President Justin Cohen

Board of Trustees Lara Zarzecki, Katy Dunn and Noah Patterson

Board of Governors Andrew Luxen, Michael Nimmo, Lance Ream, Mallory Hasbrook, Maha Kamal,

Joseph Mark, Trenton Ongert, Sarah

Rice, E. James Wilder, Liz Pope and Cierra Garso

The editor has the right to accept and reject submissions at his discretion.

303-860-1115 • dbadocket.org

Copyright 2019. The Docket (ISSN 1084-7820) is published six times a year by the Denver Bar Association, 1290 Broadway, Suite 1700, Denver, CO 80203. All rights reserved.

The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices.

POSTMASTER send address corrections to the Docket, Denver Bar Association, 1290 Broadway, Suite 1700, Denver, CO 80203.

Cover Photo : Richard Lionberger

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

5

BRIEFLY

Q: In the contracts case Leonard v. Pepsico what item did plaintiff Leonard seek to collect in exchange for the 7,000,000 “Pepsi Points” he had purchased?

“YOU’VE GOT TO GET UP EVERY MORNING WITH DETERMINATION IF YOU’RE GOING TO GO TO BED WITH SATISFACTION.” — GEORGE LORIMER

excitement and active problem-solving, it’s not exactly on par with fighting alien invaders or rising to the top of an urban crime syndicate or smashing blocks with your head to collect the gold coins inside — at least, it shouldn’t be. That’s why it might be a surprise to see “Phoenix Wright, Ace Attorney,” there on the shelf alongside Samus, Mario, and Nico Bellic at your local video gamery. Yet with over a dozen video game appearances, as well as animated shows, manga, stage plays, musicals, and a live action film, Phoenix Wright has single-handedly earned a place for lawyers in the digital pantheon.

The Ace Attorney series of games mostly take the form of “visual novel adventures,”

George Horace Lorimer (1867-–1937) was an American journalist, author and publisher. He is known as the editor of The Saturday Evening Post, which he led from 1899 to 1936, and for discovering and promoting novelists such as Jack London.

OF NOTE:

A: An AV-8 Harrier Jump Jet worth $38.8 million.

Phoenix Wright: Ace Attorney While the practice of law can be full of

6

•

THE DOCKET

in which text-heavy gameplay with only minor animation is combined with environmental exploration. The player takes control of Phoenix or one of several other defense attorney characters to first gather evidence through investigations, then defend clients in court. Gameplay elements include cross-examination of witnesses, presenting evidence consistently, and staying on the judge’s good side, all with the goal of a “Not Guilty” victory.

The games are known for their humor, writing, music, and intellectual challenge.

They are one of Capcom’s best-selling properties, in both Japan and the United States. The original Phoenix Wright game was developed for the Game Boy Advance in 2001, and since then sequels and remasters have appeared for most consoles, computers, and mobile devices.

If you are a dedicated lawyer-who-games, or if you’re just looking for something fun and a bit different, consider checking out an Ace Attorney adventure.

•

A P R I L / M A Y 2 01 9

DENVER BAR ASSOCIATION

GOLF TOURNAMENT

June 7 1 p.m. Shotgun Start Broken Tee Golf Course I 2101 W Oxford Ave, Englewood $80 per player and $65 for law students.

ALL PROFITS BENEFIT METRO VOLUNTEER LAWYERS

This year the tournament will be played in a scramble format (four-person teams), where awards will be given for team low gross and team net. After you’ve finished golfing, join us in the clubhouse for complimentary appetizers and drinks.

Visit denbar.org for more information.

THE FAMILY LAW COURT PROGRAM | BY JAMIE L. (RUTTEN) CAGE & STEPHANIE DANKEL

The greater Denver area has recently seen a rise of indigent clients needing family law legal services. Through Metro Volunteer Lawyers (MVL), there are hundreds of attorneys who take pro bono cases every year. But what about those attorneys who cannot commit to an entire pro bono case but still want to help? Or what if you are a new attorney and the idea of an extra case seems overwhelming?

The answer is, you can volunteer with the Family Law Court Program.

WHAT IT IS: The Family Law Court Program (FLCP) is a legal clinic that assists low-income clients in Dissolution of Marriage and Allocation of Parental Responsibilities cases. The clinic serves Adams, Arapahoe, Denver, Douglas and Jefferson Counties. In most counties, the clinic takes place once a month, with an average of 10 intake clients and four permanent order hearings per clinic day.

HOW IT WORKS: Client applicants are first referred to MVL by Colorado Legal Services. The clients must be at or below 200 percent of the poverty line to qualify for FLCP. Before sending to MVL, the case is screened to ensure that it is low conflict and non-contested. If at any point the case becomes contested, MVL works to assign a pro bono family law attorney to take the case, so the client is not left without legal services. After the referral, the client goes to an FLCP clinic day for an Initial Client

8

•

THE DOCKET

•

Meeting. Usually, these initial meetings take about three hours and are in a group setting. The purpose of the Initial Client Meeting is to gather information from the client, walk through paper work and the steps of the legal process, and complete a Sworn Financial Statement. MVL then files the case, serves the opposing party and notifies all parties of upcoming court and conference dates. The final stage of FLCP is the Permanent Order Hearing.

There, a volunteer attorney meets with the client, helps to prepare final paperwork to be submitted to the court, enters a limited appearance just for the clinic day, and represents the FLCP client in their case. If the adverse party appears, the attorney will also work to reach an agreement between the parties.

WHY YOU SHOULD SIGN UP TO VOLUNTEER: In 2017, FLCP resolved 411 custody and divorce cases. Those are 411 families served that otherwise would not have been able to receive legal aid. You can sign up for a morning or afternoon time slot, which is usually just a three-hour time commitment. If you are hesitant to dive right into the clinic, you can sign up to observe until you are comfortable enough to assist in a trial or provide legal advice. You can volunteer for the FLCP even if you have limited or no knowledge of family law.

FLCP is also a great way for new lawyers to gain courtroom experience. Lastly,

A P R I L / M A Y 2 01 9

FLCP is the perfect solution for lawyers who want to help Colorado families but who cannot currently take on an entire pro bono case. Your commitment could be as brief as a few hours! With so many women, children and families in need of legal services, FLCP is a powerful and easy way to effectuate change in your community. Please contact Liz Jones at ejones@denbar.org to help!

JAMIE L. (RUTTEN) CAGE Jamie currently serves as treasurer of the CBA Family Law Section Executive Council and has been a section member since 2014. Jamie formerly served as secretary, treasurer, vice president, and president of the Adams/Broomfield Bar Association. She is currently an MVL board member and representative for the 17th Judicial District for Metro Volunteer Lawyers.

STEPHANIE DANKEL Stephanie is a 3L law student at the University of Denver. She went to Clemson University for her undergraduate degree, and worked as a Foster Care Social Worker after college. Stephanie came to law school to work with children and families, and has had the privilege of interning with both judicial officers and attorneys who are passionate about building and reforming the field of family law in Colorado.

METRO VOLUNTEER LAWYERS MAKE A DIFFERENCE Through the Family Law Court Program, volunteers assist clients with uncomplicated, uncontested dissolution of marriage or allocation of parental responsibility cases. There are two stages where we are in need of volunteers: (1) Client Meetings, where volunteer attorneys, law students, and paralegals assist clients in filling out the documents needed to initiate their cases, and (2) Permanent Orders Hearings, where volunteer attorneys meet with clients to prepare the final documents needed to submit to the court, and then represent the client solely for the duration of the hearing that same day.

Volunteer with MVL’s

FAMILY LAW COURT PROGRAM

denbar.org/mvl I 303-830-8210

TRAVEL | BEST HOT SPRINGS IN COLORADO | BY LOREN FAYE

Whether you are chilling in a steamy bath while watching the snow fall around you, or soaking after a sweaty summer hike, our many and diverse natural hot springs are all-season haute flings! From spartan to spa-like, here are some of the best hot springs destinations in Colorado, many of which appear on Best Of lists across the entire United States.

GLENWOOD SPRINGS POOL, GLENWOOD SPRINGS This is one of the world’s largest hot springs pools (it’s two city blocks long).

Facilities include a slide, diving board, kiddie pool, cabana rentals, snack bar, full-service spa, an adjacent 107-room lodge, and coming soon, an adventure river. And it is just steps away from Glenwood’s charming downtown: hotspringspool.com.

IRON MOUNTAIN HOT SPRINGS, GLENWOOD SPRINGS

OURAY HOT SPRINGS, OURAY Situated in a valley surrounded by 13,000-foot peaks, this large sulfur-free mineral pool on Main Street has a family pool with an inflatable obstacle course and 12-foot tall climbing wall, lap pool, a hot pool, an infinity edge waterfall, a giant water slide and panoramic views of the San Juans: ourayhotsprings.com.

DUNTON HOT SPRINGS, DOLORES

Iron Mountain Hot Springs, Glenwood Springs is located alongside the Colorado River, just across from the base of the tram at Glenwood Caverns Adventure Park, with vast and beautiful Rocky Mountain views. It offers 16 mineral hot spring soaking pools, a freshwater family pool and jetted spa, a bathhouse, shopping and dining: ironmountainhotsprings.com.

Winner of the 2016 Conde Naste Traveler Gold list, this small and exclusive resort in the San Juan Mountains, located in a restored ghost town near Telluride, features hand-hewn log cabins that are exquisitely furnished, luxury glamping, a saloon with a delicious menu that was awarded No. 4 Best Hotel for Food Lovers in America by Bon Appétit Magazine, massages, a nearby waterfall, and of course, the hot springs: duntonhotsprings.com.

THE SPRINGS RESORT & SPA, PAGOSA SPRINGS

HOT SPRINGS AQUATIC CENTER, SALIDA

The world’s deepest geothermal hot spring, measuring at least 1,002 feet deep, is here on the San Juan River. It has 23 soaking pools that boast many healing minerals. The Springs Resort features 79 rooms and suites in classic, deluxe, and luxury accommodations, and a full-service spa: pagosahotsprings.com.

The largest indoor hot springs facility in the county, this 100 percent geothermal odorless hot springs is open to the public with a large 25-meter, six-lane pool and a smaller, warmer leisure pool. Two lap lanes are usually available, with mornings set aside for several lanes of lap swimming in addition to fitness classes: salidarec. com/public-pool.

STRAWBERRY PARK NATURAL HOT SPRINGS, STEAMBOAT SPRINGS Nestled along Hot Springs Creek outside Steamboat Springs, Strawberry has several pools at different temperatures, rustic cabins for overnight stays, camping sites, beautiful private massage huts and watsu therapy in a private pool. Note that some guests here choose to forgo bathing suits: strawberryhotsprings.com.

10

•

THE DOCKET

•

M O U N T P R I N C E TO N H OT SPRINGS RESORT, NATHROP Located in Nathrop between Buena Vista and Salida, this Rocky Mountain resort has multiple soaking springs. Soak in the historic bath house, in creekside hot spring pools that are divided into natural individual pools ranging in temperatures, the upper hot spring pools with a 400foot water slide and incredible Rocky Mountain views, or the relaxation pool

A P R I L / M A Y 2 01 9

for guests age 16 and older. The resort features facials, massages, and other spa treatments; yoga classes; tennis courts; suites and cabins; and fine dining: www. mtprinceton.com.

COTTONWOOD HOT SPRINGS INN & SPA, BUENA VISTA More rustic than some of the aforementioned spas and resorts, the Cottonwood Hot Springs Inn & Spa’s soaking pools range in temperature from 94 to 110 degrees with affordable cabins, dorms and hotel rooms. Spa services include massages (Swedish, deep tissue and integrative), reiki sessions, raindrop therapy, herbal body wraps and salt scrubs: cottonwood-hot-springs.com.

PENNY HOT SPRINGS, CARBONDALE Beautiful but frill-free, the Penny Hot Springs is located on the banks of the Crystal River. It is just big enough for a group of about 12, but there are no amenities — not even bathrooms — so be prepared to pack in and out. The spring is best visited during summer, fall and winter, as spring snowmelt often floods the area: carbondale.com.

DESERT REEF HOT SPRING, FLORENCE For solitude and a desert setting, the Desert Reef Hot Spring, just an hour and a half from Denver, is “a clothing optional family hot spring resort” in Royal Gorge country. Discovered during an oil exploration project, the water here is 132 degrees but air convection cools it, so it’s comfortable for swimmers. “Resort” seems to be a bit of a misnomer, as the only accommodations are changing rooms and a shade-cloth covered deck area with tables and chairs, but the beautiful views make it worth the trip: desertreefhotspring.com.

2

3

1

4

5

7

8

6

1) The Springs Resort & Spa, Pagosa Springs. 2) Strawberry Park Natural Hot Springs, Steamboat Springs. 3) Ouray Hot Springs, Ouray. 4) Dunton Hot Springs, Dolores. 5) Mount Princeton Hot Springs Resort, Nathrop. 6) Cottonwood Hot Springs Inn & Spa, Buena Vista. 7) Penny Hot Springs; Carbondale. 8) Desert Reef Hot Springs, Florence.

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

11

SENIORS SPRING BANQUET The Denver Bar Association invites all members to help us celebrate the following honorees 50 years in the practice of law.

MAY 22

Drinks at 5:15 p.m. | Dinner at 6 p.m. | Presentation at 7 p.m.

The University Club | 1673 Sherman St., Denver Tickets are $50 per person, Honorees are complimentary.

RSVP

Heather Folker at hfolker@cobar.org or by calling 303-824-5350.

Frederick Berhenke Russ Bond George Davies Peter Eggleston A. Thomas Elliott Tennyson Grebenar Henry Ipsen Terrance Kelly Phyllis Knight Mark Leonard James Mallon

Gerald McDermott William McDonald Jennings Newcom William O’Quinn Samuel Owen Barry Permut James Prochnow John Ramsey Robert Roper Arthur Roy James Sanderson

Elwyn Schaefer Lawrence Schoenwald Richard Slivka Marshall Snider Dudley Spiller Michael Straud George Straw Charles Weaver Malcolm Wheeler J. Wiggins Samuel Wing

IN A WAR BETWEEN HOVER CRAFT AND SCOOTERS, WHO WINS? | BY JENNIFER O’CONNELL Hovercraft, self-driving vehicles, self-driving vehicles, autonomous buses — all modern innovations touted by the Tech Gods as the next greatest technology to hit our city streets. Just weeks ago, Tesla and other innovators debuted their versions of Jetsons-like vehicles in blueprint and digital formats at tech gatherings across the world. And we’ve all seen YouTube videos of autonomous vehicle testing, or even experienced some of the early models on the road already.

These forward-thinkers tout their devices as mechanisms of safety and traffic avoidance, as well as mobility methods gentler to our Earth.

In fact, Denver was supposed to have its own test track for hovercraft, originally scheduled to open in 2018 by Arrivo.

Planned for just off of E-470, the testing facility was awarded $267,000 by the Colorado Office of Economic Development, according to an article published in the Denver Business Journal on February 19, 2019. But the company would only collect upon making good on their promise to bring 152 jobs to Commerce City. The company was unable to deliver, so the project folded.

The slow roll of development, along with the generalized fear in the community of the safety of putting our lives in the proverbial hands of an unmanned machine or space-age technology just to get us to work and the grocery store, has had a major impact on the viability of these techie dreams. And while the prophets of innovation are busy in their labs developing up-to-the-minute in-

13

•

THE DOCKET

•

novation, something much simpler and childhood-reminiscent has snuck into the hands of their target demographic and onto roads, sidewalks and greenways alike.

“Micromobility” is now the name of the game. Scooters and dockless e-bikes are popping up like whack-a-moles on every block in most major cities in the country.

Consumers ranging from teens out for joyrides to executives escaping the gridlock morning commute are coasting alongside the rest of us, who are still relegated to our gas-guzzlers and gas emitters.

Much like the questions surrounding how to manage hovercraft safety, or even how they would be kept in their lane, the same queries seems to be going unanswered about the more micro methods already hitting our streets. Denver is tackling these issues head on while simultaneously promoting the use of these alternate methods of work commuting. At the beginning of this year, an ordinance went into effect in Denver banning the use of scooters on sidewalks after an outcry from pedestrians who have had less than glowing reports of their shared sidewalk experiences. Additionally, the city has teamed up with B-Cycle to offer free memberships to the bike rental program, to revitalize its use and encourage more traffic-goers to leave the ever-becoming-outdated four-wheeler at home and take up open-aired, two-wheeled transport.

Denver is also combining its efforts to promote micromobility with other forms of public transit. Along with partnering with Panasonic to launch a driverless bus to assist transit from Aurora to Denver International Airport, Denver is working with Uber to incorporate RTD locations and schedules into its ride-share app to encourage Denverites to use Uber’s services as a gap-filler to the already existing light rail system. Denver is also making efforts to cooperate with Xcel Energy to add docking stations for electric vehicles around the city for a more energy efficient and climate-friendly commute.

A P R I L / M A Y 2 01 9

All of these measures are aimed at attacking one of the most significant issues for Denver citizens, a.k.a. voters: traffic.

The Denver Metro population has risen 30 percent in the last five years in the downtown area alone. Denver ranks 17th in the use of public transit for work commutes of major US cities. Transit commutes amount to only 6.8 percent for Denver workers, while 70.2 percent of Denver Metro residents drive alone to work. And only 2.3 percent of residents bike to work.

Tesla and friends have suggested that hovering autos and self-driving vehicles will allow more space in the morning gridlock and more safety in high-traffic conditions. But their overall “alien” presentations to consumers combined with their molasses-like development have allowed for the swift promulgation of micromobility and alternatives to the old four-wheeled approach. And cities like Denver have received these substitutions with open arms. The more popular the current options become, the steeper the climb will be for innovators to launch profitable tech-commutes.

At the end of the day, we should always remain cognizant of what’s most important — safety of our community and the health of our world.

Whether scooters become more popular than hover-crafts, or automated vehicles remain much more frightening than developers counted on, if these modernizations prove to protect us and our planet, we cannot be remiss in giving them due consideration. With an eye to the future, safety and the global heartbeat, there are assuredly exciting days to come.

JENNIFER O’CONNELL A version of this article was originally published at https:// medium.com/@queenerlawdenver/in-awar-between-hovercraft-and-scooterswho-wins-e18ca7748f22.

DOCKET DIGEST | ALL THE FAKE NEWS THAT’S FIT TO PRINT

Denver News FAMILY LAW ATTORNEY WITHDRAWS FROM ENTIRE CASELOAD, ATTRIBUTES KONMARI. (Washington Park) Family law attorney Elizabeth Digressio filed motions to withdraw from all her cases after failing to find a single one that would “spark joy.” “I just finished watching Mari Kondo on Netflix and was truly inspired by the Konmari method of tidying up. I decided to apply her methods to my practice,” she stated. “After dumping all my case files on the floor of my office and tapping them to wake them up, I went through each one, holding it in my hands, deciding whether or not it “sparked joy.” She continued, “Amazingly, not a single file sparked joy, so I thanked them and sent them away.”

Digressio’s latest venture is the creation of the tri-fold file folder. She’s currently in the start-up phase and is seeking funding.

BAR EXAMINEE: “I HAVE NO EFFEN CLUE.” (University) Jake Verwirt recently moved to the Centennial State from Piscataway, New Jersey, and has absolutely no idea whether he passed the February bar exam. When asked by friends and family member how he did on the bar exam, he has consistently maintained that he has “no effen clue.” His aunt, who was particularly taken aback by his response, complained, “You’d think he’d have some effen clue, he went to that school for three years.” When asked for a reply, he told this reporter to go the eff away.

LOCAL ATTORNEY DISCOVERS HE’S A PESSIMIST (Cherry Creek) Attorney Allan Sombio became enlightened last Tuesday when he discovered the true meaning of pessimism, by finally looking the word up. “I always assumed it meant something else.

I’m amazed that it describes me ‘to a T’,” the 37-year-old Sombio stated. “I thought it was somebody who didn’t go to war,

14

•

THE DOCKET

•

like the Amish, and my wife was always giving me some sort of a compliment.

It makes sense now.” He reflected, “it doesn’t matter, the world’s a mess, we’re all gonna die anyway.”

Colorado News BOARD OF LAW EXAMINERS CONTEMPLATES TEST SITE MOVE (Denver) After last year’s “flood” during the summer bar exam, the Colorado Board of Law Examiners is contemplating moving the bar exam to various sites throughout the state. “Since we received such overwhelming positive feedback when the roof leaked on examinees during a storm last summer, we decided to officially implement hazardous weather conditions in the examination process,” stated a board member who requested to remain anonymous. “We want to become the ‘Tough Mudder’ of bar exams. As far as I know, no other state is doing this. This is Colorado. Go big, or go home,” the board member exclaimed.

“We are currently considering the top of Berthoud Pass, Independence Pass, or Longs Peak for February test sites; for July test sites we’re considering the bottom of the Black Canyon, the Great Sand Dunes, or anywhere in Hinsdale County.” The board member continued: “We hope it will boost local economies as well. The examinees get to enjoy some of the best of Colorado’s scenery while helping the locals out. It’s a win-win.”

National News AVVO STOPPED CALLING (Seattle) “Yes, about this time a year ago,” replied Emerald City bankruptcy attorney Penny Gnier, in response to our question of when Avvo finally stopped

A P R I L / M A Y 2 01 9

calling and making solicitations. She continued: “A sales rep called my office, and when I spoke to him, I just told him it wasn’t in our firm’s marketing budget, thank you for the opportunity, don’t call us, we’ll call you.” She maintains that Avvo has not called since, even though she logs onto the site almost daily and frequently posts articles.

COURT DECIDES TO WINTER IN ARIZONA The Colorado State Judicial Department has announced that beginning with the 2019–2020 winter, all court proceedings in judicial districts west of the Continental Divide and east of Mesa County will be conducted in Arizona during the winter months. According to Leadville lawyer Manny Siskind, the move to the “Winter Courthouse” in Scottsdale was necessary because “it’s just too damn cold to go outside to get to court, and the golf courses here don’t reopen until June.”.

DBA OPENS COORS FIELD CLINIC In its continuing efforts to make legal services available to all citizens, the Denver Bar Association is establishing a legal advice clinic at Coors Field. The clinic will be open during all Colorado Rockies home games in the 2019 major league baseball season. The clinic, which will be located on the concourse above section 125, between the “Beers of the World” and hot pretzel booths, will be staffed by volunteer lawyers and will dispense brief but valuable legal advice to fans attending the games. The clinic will only operate between innings, or when a relief pitcher is strolling in from the bullpen, so that the lawyer volunteers will be able to catch all of the action on the field at other times.

ATTORNEY CURMUDGEON | LASZLO SCOFFLAW

CS

Do you ever wonder why everyone is such an idiot?

It’s practically all I do. Several decades of living and lawing have taught me one important lesson: you can always depend on the incompetence of strangers. Also colleagues, friends, and family. The failings of everyone are so myriad that you could write a book about it. In fact, I have, and that book is called: “Why Everyone is Wrong Except Me: A Life.” Publishers would be beating down my door, if they weren’t rightfully afraid of the truths I speak.

Until my insights receive the acceptance I deserve, I have deigned to assist the DBA by filling the pages of this rag. Docket?

More like Stop It, am I right? Still, it can’t be denied that this magazine has a circulation of many thousands of people who could use a verbal smack upside the head from yours truly, so I half-heartedly applaud the Bar for their vision.

A short, not nearly complete list of the things I will be excoriating in these pages: young attorneys, old attorneys, non-attorneys, legal staff, email, the internet, Lexis-Nexis, AP style, politicians, immodest pop stars, vaping, and my grandkids.

We’re not about the touchy feely participation trophy safe spaces here: as the lady said, if you don’t have anything nice to say, come sit by me. And then go away again, I still don’t like you.

Some of you might find my misanthropy charming (how do you think I ended up with 8 ungrateful grandchildren?) while others might find me tired, angry, and offensive. Or tired, angry and offensive, as the youths are saying these days. Obviously I don’t care either way. But if anything I say offends you, well, just think about how much EVERYTHING offends me, including you. That’s my cross to bear — and it’s bigger than yours!

So take it from ol’ Counselor Scofflaw: times change, but that doesn’t mean you have to change with them. Now you dang kids get off my laws!

Send complaints and praise to Laszlo Scofflaw at scofflaw@ cobar.org.

Laszlo Scofflaw A P R I L / M A Y 2 01 9

•

THE DOCKET

•

15

THE DEATH OF SATIRE | BY DOUG MCQUISTON

A Post-Satire World?

No Thanks.

As we mentioned in our February-March issue, once upon a time, along with local Bar news, the Docket served up political and social satire, both local and national. As recently as March, 2016 (seems like another era now, doesn’t it?), Docketeer Marshall Snider and I worked up a “trading places” send-up in which he endorsed Ted Cruz, and I endorsed Bernie Sanders, for President. Those who know us might know that these (how shall I put this?) were not our genuinely held beliefs.1 Our February-March issue highlighted some of the Docket’s other previous efforts.

Most of our readers quickly caught on that these pieces were satire. A lot of it appeared in our April Fool’s Day issues (which made it easier to spot), but we tossed them in throughout the year, too. Some of our efforts may even have extracted a laugh or two. We sure laughed as we pitched them in our meetings. We never saw any pitchforks or picket signs outside the office (hey, we set a low bar around here).

Our original tagline, after all, was: “To Inform and Entertain Denver Lawyers, Hopefully Without Getting Sued.” We’ve been in publication since the 1970’s. So far, so good — no lawsuits (yet).

Well, we here at the Docket have decided to rediscover our roots. We will be publishing more humor, and even satire with a bit of an edge, in our coming issues.

Might there be risk in this new focus? Have we moved into a “Post-Satire” world? I worry about that, especially when it comes to two frequent targets around here: politics and social commentary. Of course, part of the problem is practical, too — it is much harder now to write satire about politics, because many of our politicians,

16

•

THE DOCKET

•

both local and national, have moved so far beyond parody that any attempt risks being mistaken for straight reportage.

But the risk applies to more than just politics. If you spend any time on social media these days, it is impossible not to notice that when it comes to attempts at humor or satire, regardless of the topic, everyone’s “dudgeon” meter seems to be tightly prewound, and pegged on “high.”

Even comedians are finding it hard to sling anything remotely edgy, and some have paid career-threatening prices for trying.

Even the most elegant, obvious, or benign attempt at humor online is immediately targeted with heat-seeking condemnation missiles, Twitter jail, and Facebook blocks. If social media had a Patron Saint, it would be “Our Lady of Perpetual Outrage.” Even now, I find myself scanning the skies, searching for incoming artillery bursts for having “misappropriated” a religious reference in the preceding sentence. I hope my years as an altar boy will save me.

Many of our social media (and “actual?”) friends no longer accept that political or social viewpoints can be widely divergent without affecting friendship.

Disagreement is often no longer an opportunity for a laugh, or (even better), a mind-opening discussion. Instead, the reflex move is to “unfriend” anyone with whom we disagree, whether in person or online, thus protecting the pure tone of our echo chamber’s resonance.

The news cycle has grown into a humorless, perpetually starving beast. It demands to be fed, and will consume anyone who refuses to serve the meal. To demur from joining the condemnation choir is seen as “complicity” in whatever

A P R I L / M A Y 2 01 9

is pegging the meter at the moment. Not caring is no longer an option for any of us, really. We are being made to care.

Our politicians’ long efforts to divide us and pit us against each other may have paid off too well.

We weren’t always like this, you know.

Political satire, even the rough stuff, is as old as the Republic. And we used to laugh at it all. Even our political figures didn’t used to all be such humorless scolds.

Winston Churchill once skewered his ideological adversaries, saying, “Everyone is in favor of free speech. Hardly a day passes without its being extolled. But some people’s idea of it is that they are free to say what they like, but if anyone else says anything back, that is an outrage.”

Ronald Reagan was a master at the gentle use of humor. In Germany shortly after an assassin’s bullet almost killed him, Reagan was delivering a speech in a large outdoor arena. In the distance, a balloon loudly popped, sounding like a gunshot. He didn’t flinch. Instead, he deadpanned, “Missed me!” The crowd erupted in laughter, and he had won them.

If he were around to try that joke today, he’d risk being condemned for “making light of gun violence.”

Can we get back there? Maybe even part of the way? We think so.

How do we get there? First, let’s calibrate our own dudgeon meters, shall we?

I will confine the test to just politics (I’m afraid “social” headlines might break your meters). You can score this in the privacy of your own home. How would you react right now if you saw the following “headlines” on a website somewhere: • “In Troubling Move, Trump White House Announces All Proposed Future Federal Regulations Will Be Printed In English and Russian;” • “Dem Presidential Candidates Jockey for Position: New Talking Point: The Six Figure Minimum Wage;”

• “GOP Senators Fail to Complete New Budget Plan. Excuse: Their Calculators Don’t Go That High;” • “Denver Post moves beyond ‘Voters’ Guide’ for 2020 — Launches an App to Just Fill Out Your Ballot and Send It In For You to Save Time;” Did you laugh? Did you find yourself getting angry, your inner scold whispering, “aren’t the problems we face too serious to make fun of like this?!” I hope most of you laughed. If not, then you’ll know how many notches to dial it back.

So, as we rediscover our humorous roots here at the Docket, here’s my ask, and it applies to me every bit as much as you, and not just what we write here: let’s all agree to slow our roll, dial back the dudgeon meter a few notches, and rediscover the fun of laughing our problems and differences back into a more manageable size.

Are there risks in the Docket’s new approach? Maybe. But we’re making the jump anyway, hopeful that you all take this in the light-hearted spirit in which we are offering it. We at the Docket still believe (to paraphrase Twain) that rumors of the death of satire are “greatly exaggerated.”

With your help, we might actually get to be funny again — about politics, legal issues, and social commentary. If we’re lucky, maybe we can do it without lawsuits or pickets outside the Bar Association’s lovely new headquarters. We hope you laugh, too — a lot.

“Everyone is in favor of free speech.

Hardly a day passes without its being extolled. But some people’s idea of it is that they are free to say what they like, but if anyone else says anything back, that is an outrage.”

- Winston Churchill

Humor may, in the end, be all that can save us.

My Road to Damascus Moment, Docket, March 2016, http://www.dbadocket. org/dba-community/road-to-damascus-mcquiston/; Ted Cruz for President: An Opinion Piece, Docket, March 2016, http://www.dbadocket.org/dba-community/cruz-marshall-snider/.

1

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

17

BY MARSHALL SNIDER

Jelly Fish In My Brain

W

hen was it, exactly, that the pharmaceutical companies took over our television sets? There is no escape from the onslaught of diseases no one ever heard of, that are given supposed legitimacy by assigning them made- up acronyms (UC, ED, DVT, EIEIO). How can the people at the end of the ads be so happy with their lives, as the announcer describes the horrific side effects or death that will result from taking the drug that is making them so happy?

But of all the annoying drug ads, there is an over the counter supplement whose promotions are so mystifying that

18

•

THE DOCKET

•

it makes one yearn for a good old blood pressure ad. That pill is Prevagen, the snake oil that is touted as the answer to improved brain health and memory. The big selling point for Prevagen, emphasized right at the beginning of the sales pitch, is that it is based on “an ingredient originally discovered in jellyfish”. I quote this line from the ad, because otherwise you would think I am making that up.

Jellyfish? Really? Exactly why do the makers of Prevagen think that I will run out to buy their product because it comes from a jellyfish? The ad never explains the relationship between a jellyfish and your brain. Indeed, what is there about jellyfish that I am supposed to find so appealing? The answer, of course, is that there is nothing appealing about a jellyfish, or, as far as I know, about any substance found therein. In fact, jellyfish

A P R I L / M A Y 2 01 9

are generally to be avoided, especially when one is in the water.

What makes this enticement to pull Prevagen off the shelf at your local drug store so strange is that this product is supposed to improve brain health and memory. But a jellyfish has neither a brain nor a memory. In fact, a jellyfish has one of the most rudimentary nervous systems in the entire animal world. A jellyfish merely floats and stings, and unless you are Muhammad Ali, these are not particularly useful skills.

It looks like the advertising geniuses missed this one by a mile. If I was to be sold on a memory enhancer, promoting a substance found in a more advanced organism, such as an elephant (who we all know never forgets) would be a much stronger sales pitch. I guess I just don’t understand advertising.

DANGEROUS TIMES DOWN UNDER - CHAPTER ONE | BY THE DOCKET COMMITTEE

W

ylie Miller was living the dream. The 20-yearold college dropout was a frustrated adventurer, ever since he listened to the tales told by his uncle Dave, the black sheep of the Miller clan who never seemed to have a job, but somehow spent most of his youth traveling the world. Wylie followed a more traditional path, but after his sophomore year at the University of Nebraska he concluded that maybe he just wasn’t college material.

So Wylie dropped out of school, took a few jobs, begged and borrowed, and cobbled together just enough cash to fly to Australia. He figured that if he followed the “shoestring” method of traveling as cheaply as possible, he might be able to stretch out his funds for two months of exotic travel Down Under.

So here he was, in Sydney, one of the world’s great cities. He was blown away. The harbour bridge, the opera house, the beaches, the strange accents and weird expressions (what the hell did “fair dinkum” mean, anyway?) . . . All so foreign, yet all so exciting. He definitely wasn’t in Lincoln anymore, Toto.

Wylie soon discovered that as a solo traveler it was easy to meet people and make friends by staying at youth hostels and other backpacker accommodations.

In this type of travel friendships developed with cosmic speed; within a day or two of meeting another traveler you had a pretty good idea if you wanted to hang out with him some more, and it didn’t take much longer than that to make plans to move down the road together.

That’s how it was when Wylie met Logan and Mazey, a couple from British Columbia. They bonded at the backpackers’ hostel, toured around Sydney, Bondi and Manly together, and shared more than a few beers at the sleazy bars in Kings Cross. Pretty soon they decided to head north together, to Queensland. A

train here, a bus there, and they were in Surfers Paradise on the Gold Coast. This place was even more amazing, with better beaches and plenty of sun, beer, cheap weed, and tanned, blonde “All-Aussie Girls” everywhere. Living the dream indeed.

The three travelers kept moving north to all the stops along the Great Barrier Reef: Rockhampton, Townsville, Cairns and Port Douglas. Wylie was loving the life and started to think about how he could extend his travels. Maybe he could find some jobs along the way and pull together enough cash to travel on from Oz up to Bali and Thailand, and maybe follow the hippie trail all the way to Kathmandu. Can’t blame a fellow for dreaming.

It was in Townsville that the three travelers met Oscar, a like-minded individual from northern California. Oscar was traveling in “shoestring” style himself, but after they all got to know each other and traded life stories, it became obvious that this guy was a bit different. He didn’t have to travel on the cheap. He chose to.

He had money.

Lots of money, as it turned out. Oscar’s parents had been killed in a plane crash some years before, and a lawsuit settlement resulted in a substantial trust fund being created for him. The money became his when he turned 18. And apparently the rest of his family was pretty well heeled as well. But this wasn’t an issue with Wylie, Mazey and Logan. They liked Oscar and invited him to join their traveling troop.

It was up in Port Douglas, on a day trip to Cape Tribulation, that things took a turn. Oscar was off scuba diving, an activity his traveling partners couldn’t afford. As the other three laid on the beach killing off a joint and a few beers, Logan told Wylie that he had figured out a way to make some money so that they could continue their travels up into Southeast Asia. Logan asked Wylie if he wanted in.

“What’s the plan?” Wylie replied.

“We’re going to kidnap Oscar and hold him for ransom.”

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

19

Cooking With Counsel

BY ELIZABETH THARAKAN

20

•

THE DOCKET

•

A P R I L / M A Y 2 01 9

What is the first step a lawyer should take to win? Consult with co-counsel, of course. Why should learning a new skill be any different? Is the process of learning how to cook any different from winning a case? I took it upon myself to find out. My initial move was to consult a college classmate, another lawyer one year older and wiser than myself.

She said that grown-ups learn the joy of cooking when they can prepare seven to eight dishes and can rotate among them over the course of a year. Where did she get this hypothesis? Through due diligence and research on the average American family, of course.

In Corporations class, I closely studied cost-benefit analysis and utility functions. I decided to apply this knowledge to my weekly grocery shopping expeditions. Amazon sold a line of Trader Joe’s cookbooks, including the I Love Trader Joe’s Cookbook, Cooking with Trader Joe’s Around the World and The Trader Joe’s Cookbook: Lighten Up. I looked at the illustrated “food porn” in the glossy photographs and picked some

mouth-watering but simple options.

These selections included eggplant caponata crostini, curried cauliflower, raita, shakshuka, chili, fruit salad and several variations on eggs. I strategically chose them for requiring less than 10 minutes of prep time, very little equipment, and few ingredients, as the economist in me wanted to gain the maximum output for the minimum effort required.

(43 to be exact) from Supreme Court justices and their families.

If it may please the court, Your Honor, Exhibits A and B provide the photographic evidence of my foray into cooking. Exhibit C is designed for further study: Clare Cushman’s “Table for 9: Supreme Court Food Traditions & Recipes.” My journey through the kitchen reflects the type-A personality common among lawyers.

You be the judge.

Exhibit C: Table for 9: Supreme Court Food Traditions & Recipes written by Clare Cushman, the Supreme Court Historical Society’s director of publications, is part history book and part cookbook, and within it you’ll find more than three dozen recipes

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

21

HERITAGE CAMPS: FOR ALL BLENDED FAMILIES | BY CHRISTINE SWENSON

As we dig out from the snowiest month of the year and look ahead to summer, you can always plan to do the usual — hiking, biking, swimming and paddling — but what if you could find all that, and retreat into another culture? If that’s more your style, then check out Heritage Camps for Adoptive Families (HCAF) annual summer camps. HCAF began 28 years ago when a group of 40 families with adopted Korean children came together for a weekend of cultural immersion. The importance of knowing, understanding, and integrating culture into their families was taken to a new level, and over the years, HCAF has expanded its camp offerings to cover the world. Today, this amazing 501(c)(3), with its small staff and parent volunteers, puts on nine camps each summer that benefit all blended families.

While the focus of each camp encompasses large geographic regions and ethnicities, HCAF’s staff and volunteers work to highlight individual cultures to make the experience relevant to kids and their families. Each camp brings together children of all ages with remarkable counselors, who lead them through a variety of classes designed to be fun and to build

22

•

THE DOCKET

•

self-esteem, confidence and self-worth.

Camp counselors are often graduates of the very camp they attended, which makes their counselor role invaluable and demonstrates how impactful these camps are. Children from pre-K to high school are introduced to art, music, and dance workshops, and performances that provide a deeper understanding of their heritage that cannot be matched elsewhere. Parents have opportunities to learn and to improve their cultural knowledge and parenting skills. (After all, who can’t use a little help in that department now and then?) And campers have the priceless benefit of making life-long friendships with others just like them!

Families come from all over the United States year after year to participate in these exceptional camps. My family started attending HCAF three years ago, when our daughter was six years old and participated in the pre-K/K group.

She was in a small group of about 15 kiddos, which is the perfect size to get to know camp-mates well. She was so proud of her crafts, made new friends, and thoroughly enjoyed camp. When asked what she enjoyed the most, her answer is “Everything!”

A P R I L / M A Y 2 01 9

Our camp’s opening ceremony brings alive cultural mainstays like the dragon dance and martial art demonstrations.

Campers participate in culturally relevant classes, which for our camp, includes paper cutting, origami, calligraphy, painting, music, and traditional and modern dance.

Unique educational programs — HeART Talks, Who I Am, and This is Me — provide campers opportunities to cherish their bicultural identity, increase their self-esteem and develop positive coping skills.

HCAF makes the most of their location by including outdoor activities such as horseback riding, rafting and ziplining, all of which provide more chances for campers to solidify friendships.

Our camp’s Saturday Night Social allows parents and kids to come together in a relaxed, fun carnival-like atmosphere. Kids dress in their culture’s finest, play games, win prizes and dance. Meanwhile, parents socialize, help raise money through the silent auction and raffles and the young-at-heart, dance too. Other nights, families sit by campfires, make s’mores and just have a good time. At our closing ceremony, kids perform their dances. It is amazing to see what they accomplish

in such a short period of time!

[M]y experience growing up was hard because there weren’t many Indians in my community. The area I lived in and the schools I attended were predominantly non-Indian, so I can really relate with adoptees who are also racial minorities in their communities. — Shawn Herbert Parents have two roles at camp: attendee and volunteer. Adult workshops for attendees are varied, and include parenting strategies, helping kids with their identity development, learning culturally relevant games and talking with adult adoptees. We have been lucky to meet families with whom we’ve developed close relationships that continue after camp closes. HCAF’s affordability is also a direct result of parents volunteering.

Volunteer activities range from helping set up or tear down, taking pictures and video to document the weekend, helping during the social, serving at lunchtime, and ensuring sessions start and end on time to name a few. The exchange of a couple of hours’ time and effort is worth

it to make camps financially accessible to as many families as possible.

The parent sessions at camp always make me think more deeply and in new ways about what adoption means for our family. I take away new tools to navigate challenges as they come up. There’s a consistent feeling of support from other families, whether it’s through hugs and tears, or laughing as we take a break in a self-care or fun activity, like a paper folding class or my husband’s favorite class on Korean desserts. Throughout the year we find ourselves sending messages to those same families, continuing to share experiences, and helping us all become stronger parents. — Leslie Armstrong, adoptee and adoptive parent HCAF was created for adoptive families, but these camps benefit any multicultural family. Dive deeper into your culture, expand your horizons and learn a different culture, and integrate new traditions in your family. HCAF provides these authentic cultural, emotional and educational opportunities every summer.

My family might be relative newcomers to HCAF, but now we cannot imagine our summers ending any other way.

Registration for the 2019 camps opens in March. Don’t miss out! Go to www. heritagecamps.org to find the camp that best fits your family, and create friendships and memories that last a lifetime.

CHRISTINE SWENSON Christine Swenson has practiced law for almost 20 years. She opened her law practice and chose to exclusively practice U.S. immigration law in large part due her own family’s experience with the U.S. immigration system when she and her husband adopted their daughter. During that long process, she lived through — and survived! — the very same immigration system as her clients. Like so many of her clients, Christine brought her child to the U.S. for the opportunities it can provide that her daughter’s home country could never provide.

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

23

24

•

THE DOCKET

•

A P R I L / M A Y 2 01 9

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

25

DOCKET NEWS | PICTURE THIS

Local Events Picture This features membersubmitted photographs and images from Denver Bar Association events.

1 CBA-CLE Annual Author and Faculty Reception: Judy MaresDixon accepts the 2018 Richard N. Doyle Award.

1

2 CBA-CLE Annual Author and Faculty Reception: CBA-CLE Executive Director Vince O’Brien presents the 2018 Richard N. Doyle CLE Award of Excellence to Herrick Lidstone, Jr. 3 DBA Past Presidents’ Dinner Group Shot: The DBA and CBA executive council with past presidents.

4 DBA Past Presidents’ Dinner: From L to R: Nancy Cohen, Christopher Little, and Franz Hardy.

5 DBA Past Presidents’ Dinner: Members mix and mingle during the cocktail hour.

2

6 1290 Broadway Open House: Guests enjoyed the lobby and light refreshments after a tour.

7 DBA YLD Career Panel: Lawyers gather around at DU Law. 8 1290 Broadway Open House: Judge Robert Hawthorne attends the festivities.

9 1290 Broadway Open House: The Colorado and Denver Bar Associations and Colorado Bar Association CLE offices are now located at 1290 Broadway, Ste. 1700.

10 APABA Colorado Networking Mixer: Law students enjoy the opportunity to meet and speak with practicing lawyers in APABA.

26

•

THE DOCKET

•

A P R I L / M A Y 2 01 9

3

4

5

6

8

7

9

A P R I L / M A Y 2 01 9

10

•

THE DOCKET

•

27

LEGAL AFFAIRS

Good Things The CBA/DBA is happy to announce the birth of Kai Matthew Calhoun. His mother Danny Calhoun is our Website Content Specialist in the IT department, congratulations Danny!

Denver branch attorneys Catherine Hildreth, Christine Jochim and Sarah Mercer also became Brownstein Hyatt Farber Schreck shareholders on Jan. 1.

Dewhirst & Dolven LLC is pleased to announce that Kayla A. Banzali, Esq. Associate has joined our Firm in the Colorado Springs office.

McAllister Garfield, P.C., a cannabis business law firm, is pleased to announce that Dirk Vandeveld has joined the firm as a Senior Attorney.

Want to be featured here?

Featured and Highlighted Annoucment: $50. 165 word count max, and high resolution photo (300 dpi). Only 1 per issue available.

Send your text and photo to advertising@cobar.org. This is a first come first serve spot.

28

•

THE DOCKET

•

Davis Graham & Stubbs announced that Stephanie Danner has joined the finance and acquisitions department.

Steptoe & Johnson has added two associates to its Denver office. Amanda Dick practices energy transactional law and Rachael Smith practices energy litigation and professional liability.

Saugat K. Thapa Wells, Anderson & Race, LLC is pleased to announce that Saugat K. Thapa has joined the firm as an associate attorney. Mr. Thapa’s practice focuses on commercial litigation, insurance defense, extra-contractual insurance defense, insurance coverage, and other civil matters.

son joined the firms Denver office as of council in its commercial litigation practice and Margaret Master joined the Boulder office as an associate in the real estate development and finance group.

Allen Vellone Wolf Helfrich & Factor P.C. is pleased to announce that Brenton L. Gragg has joined the firm as an Associate. Brenton is a recent graduate and focuses his practice in litigation and transactional law.

Holland & Hart added two attorneys in its Front Range markets. Paul Swan-

Berg Hill Greenleaf Ruscitti congratulates Yasmina Shaush on joining the firm’s Corporate and Real Estate Groups.

Sam Ventola was awarded the 2019 Outstanding Community Servant Award

by Sisters in Service.

Davis Graham & Stubbs LLP is pleased to announce that Camila Tobón has joined the firm’s Finance & Acquisitions Department as of counsel and head of the privacy and data security law group.

WilmerHale is proud to announce that Chalyse Robinson has joined the law firm as a partner in its Denver Office.

Brownstein Hyatt Farber associate Nick Larson was recently elected to the board of directors of the Boulder Jewish Community Center for a three-year term.

Sherman & Howard announces the firm has added Garrett Dean and William Vietti. Deans joined the firm’s business and transactions group and Vietti joined

If you are a DBA member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, the Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Clair Smith at csmith@cobar.org. Announcements will be placed on a first-come, first-served basis.

A P R I L / M A Y 2 01 9

the firm’s public finance group.

Holland & Hart announces that attorney Brooke Simons recently joined the firm’s Denver office as an associate in its trust and estate litigation group.

Colorado attorney Phil Weiser announced that he has selected Lisa Neal-Graves to serve on his leadership team as the Colorado Department of Law’s Chief Innovations Officer.

Brownstein Hyatt Farber Schreck announces that Jeff Jay, an associate in the firms; Denver office, has been appointed to the board of directors of Family Homestead.

Moye White added attorney Joyce Williams as an associate in the firm’s trial section. Williams experience in litigation including drafting pleadings and written discovery.

Coan, Payton & Payne, LLC (“CP2”) is pleased to announce Donovan P. Gibbons has joined the firm.

His practice focuses on real estate, business, and banking litigation.

Changes Brownstein Hyatt Farber Schreck is pleased to announce the promotion of Justin Cohen to shareholder.

Ryley Carlock & Applewhite is pleased to announce that William Wombacher has been elected as a Shareholder.

Pollart Miller is pleased to announce their new partners Gail Benson, Jacqui Condon, Jessica Grimes, Tucker Allen,

Thomas Gerwick and Mark Toppen.

effective on January 1.

Moye White LLP is pleased to announce that Chelsea Brune has been named an associate in the firm’s Real Estate Section.

McConaughy & Sarkissian, P.C. is pleased to announce that Kate McDonald has become a Shareholder of the Firm.

Jonathan R. Booker was recently promoted to the Director of Criminal Law with the Hernandez & Associates law firm.

Ireland Stapleton Pryor & Pascoe, P.C. Regulatory attorney Tom Downey has been appointed to the Colorado Secretary of State’s Advisory Committee.

Burg Simpson Eldredge Hersh & Jardine is pleased to announce that four attorneys have been promoted to shareholder at the firm. David J. Crough, Michael C. Menghini, Stephan J. Marsh and Jessica B. Prochaska.

Merchant & Gould, a national intellectual property (IP) law firm with clients in the Rocky Mountain region, is pleased to announce the promotion of Ryan Fletcher, Ph.D., to partner, expanding the firm’s local leadership.

Coan, Payton & Payne, LLC is pleased to announce that K. Michelle AmRhein has been promoted to an Equity Member of the firm.

Kirch Rounds & Bowman PC is pleased to announce that Gerard “G” Deffenbaugh has been made a partner with the firm. The firm will now be known as Kirch Rounds Bowman & Deffenbaugh PC. Moye White LLP real estate partner Dominic Sekich has become president of the Colorado Historical Foundation’s board of trustees, and joined the board of directors for the Alliance Center, both

Buechler & Garber, LLC is now Buechler Law Office, LLC. The attorneys and staff at the firm would like to sincerely wish our colleague Aaron A. Garber the very best in his future endeavors.

Kaplan Kirsch & Rockwell announced that Tom Bloomfield has joined the firm’s energy and environment, public lands and conservation practice group as a partner in the Denver office.

Brownstein Hyatt Farber Schreck shareholder Rob Kaufmann has been elected to serve as the chair of the Denver Zoological Foundation Inc. board of govenors, which over sees the Zoo’s continued role as a leader in animal care, conservation and science education.

Brownstein Hyatt Farber Schreck announced that Martine Wells, a shareholder in the firm’s Denver office, has joined the board of directors of Ronald McDonald House Charities of Denver.

Gibson Dunn & Crutcher said Jan.14th that Gerald Farano joined as a partner in the law firm’s Denver office.

Davis Graham & Stubbs announced partner Kenzo Kawanabe will be chair of the Boettcher Foundation board of trustees for 2019.

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

29

WELLNESS CORNER | BY NIKKI PATTERICK

Gladdening the Mind According to Henry David Thoreau, “The question is not what you look at, but what you see.” 1 At the time Thoreau inscribed this in his journal over 150 years ago, he did not have access to the information now available to scientifically validate this concept. Today researchers from numerous fields of study are continually deepening their understanding of neuroplasticity, which is the ability of a human brain to form new connections and pathways, thereby changing how its circuits are wired. Brain imaging studies support that the human brain evolves in response to our thoughts, feelings and actions. Thoreau was absolutely correct; it is the things that we choose to focus on that shape our individual and collective sense of reality.

Given that we have a meaningful opportunity to influence the way we experience reality, it makes sense to be intentional about where our attention goes and the ways that we internalize our experiences.

Applying this insight to create impactful change is not complex; however, as with most things in life that are worthwhile, it also is not easy. It is a path of practice, patience and perseverance guided by a dash of experimentation and a dousing of self-compassion. As lawyers we have substantial experience in the first part of this undertaking, but the latter parts could pose a challenge for some of us!

We all encounter the same major roadblock in the path of improving our experience of life: the human brain is wired to detect danger and then stockpile any related memory. Since our survival depends on this trait, we remember and/ or focus on what is negative or threatening in nature. This information can range from being fearful or overly cautious of potentially dangerous situations to becoming hyperalert and “on the lookout” for people with whom we disagree or disapprove of.

When the brain detects a threat, whether

30

•

THE DOCKET

•

it is physical, emotional or psychological, we focus or perseverate on it, hoping to avoid, overcome or conquer that threat.

This can cloud our experience of reality with negativity.

The human negativity bias, as explained above, is logical given that the survival of our species depends more on whether we continue to exist than whether we thrive experientially. Simply stated, our survival is more important to our brain than whether we are enjoying life. The problem is that we have to experience joy, contentment, and fulfillment in life to maintain our basic sanity and our cognitive skills, and to avoid conditions like anxiety and depression. So how do we move the needle toward a more balanced experience of life when our brains are “like Velcro for negative experiences but Teflon for positive ones?” 2 The wisdom of neuroscience teaches us that we become better at doing the things we spend time doing. 3 When it comes to experiences in the physical world, we know (and believe) this to be true. We can reflect back to the first time we wrote a legal brief, drafted a contract, or even rode a bike and appreciate the difference that practice can make. What may be less familiar for many of us (and more difficult to trust) is that practice can also build our capacity toward a more neutral and even more positive orientation or bias toward our experiences in life. With practice, we can build our capacity to be more intentional about what we “see,” even if the things we are looking at remain the same. We can “gladden” our minds.

Andy Warhol is attributed with saying that “you need to let the little things that would ordinarily bore you suddenly thrill you.” This sentiment is at the heart of gladdening the mind. Thanks to the negativity bias, the human brain automatically stores memories that can be

A P R I L / M A Y 2 01 9

associated with “danger.” When it comes to positive experiences, our brains need some assistance. Reflect back on the way that you retain compliments as compared to your experience of moving past criticism or negative feedback as an exercise in assessing the relative influence of the negativity bias in your life.

To level the playing field and break-up with negativity, we need to intentionally and continually build a neural network that stores and recalls positive experiences. Neural networks are established and strengthened based on how often and how long the associated neurons fire. Take notice, on purpose, of the things that you experience as positive (e.g, pleasurable, joyous, fulfilling, etc.) and bask in that awareness for a sustained period of time.

For at least 20 to 30 seconds, savor the pleasant experience by mindfully taking note of what you feel, see, smell, hear, and taste, and allowing yourself to truly experience and appreciate it. We easily take note of things that do not go well in our lives. Whether it is a traffic jam on the way to work or a more substantial life obstacle, the experience makes its way into our awareness with ease and takes up residence. But if we regularly and intentionally pay attention to all the things that do go well in our lives — even seemingly mundane things — we can create space for the more enjoyable aspects of our lives to take up residence as well.

When a client is appreciative of your work, a stranger at the grocery store smiles at you, traffic is unusually light, your Nikki Patterick Nikki is a solo-practitioner in the areas of fertility law and business law and is an executive coach. Nikki formerly worked as a judicial clerk for Colorado Supreme Court Justice Gregory Hobbs, Jr. She also has experience in law firms of almost every size and has worked as part of in-house corporate legal teams.

coffee is delicious and warm, you feel light and fast during your morning run, you witness a spectacular sunset, or you experience something that you would enjoy and appreciate if you decided to let it marinate a bit, give that more attention than usual. This process of gladdening the mind will build your neural network for positivity and influence your sense of reality by balancing out the negativity bias that innately drives you to detect and recall anything and everything that could pose a threat to your security. Moment by moment you will be building your capacity to “see” and truly experience the more positive aspects of life!

Thoreau’s Journal, August 5, 1851.

Hanson, “Stephen Colbert: We Don’t Need to ‘Keep Fear Alive’.” www.rickhanson.net/stephen-colbert-we-dont-needto-keep-fear-alive.

3 See “The Talent Code” by Daniel Coyle for a thorough explanation of how people become better at doing things with practice through the myelination process that occurs in the human brain.

1 2

BAR RESOURCES

THE DBA PEER PROFESSIONALISM ASSISTANCE COMMITTEE Are you troubled by rude and unprofessional attorneys? Call Peer Professional Assistance for FREE one-on-one intervention. PPA has been sponsored by the Denver Bar Association since 1994. Call 303-860-1115, ext. 1, for more information.

All inquiries are confidential.

SOLACE

SOLACE (Support of Lawyers/Legal Personnel — All Concern Encouraged) is a program of the Colorado Bar Association designed to assist those in the Colorado

legal community who have experienced some significant, potentially life-changing event in their lives. The sole purpose of the SOLACE program is to allow the legal community to reach out in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience deaths or other catastrophic illnesses, sickness or injury.For more information on SOLACE visit cobar.org/ solace.

DBA PLACEMENT SERVICE

Bar Association, the Placement Service provides law firms and legal departments of corporations with well-qualified applicants. Its quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accountants, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net

As a membership service of the Denver

A P R I L / M A Y 2 01 9

•

THE DOCKET

•

31

10 QUESTIONS | DAVIS AWARD WINNER HETAL J. DOSHI

WHERE DID YOU GO TO LAW SCHOOL AND WHERE ARE YOU CURRENTLY WORKING? University of Virginia School of Law, Class of 2006 (Wahoowah!). I am currently an Assistant United States Attorney in the Economic Crimes section.

WHY DID YOU BECOME A LAWYER? Because I strongly believe in the rule of law. As a first generation American, and as someone who has lived and traveled around the world, I continue to marvel at the American constitutional design and the sanctity of the rule of law here. I see that every day in my role as a white collar prosecutor and feel so fortunate to get to play some small part in the continuation of that tradition.

Hetal J. Doshi

The recipient of the 2018 Richard M. Davis award from the Denver Bar Foundation. She is currently an assistant U.S. Attorney in the economic crimes section of the criminal division of the U.S. Attorney’s Office for the District of Colorado.

WHAT’S THE BEST ADVICE YOU’VE EVER BEEN GIVEN? A mentor once told me to approach life from a place of yes, and I’ve found that to be advice I come back to time after time.

Also, there’s a terrific quotation from Out of Africa that rings true for me: “I know a cure for everything: salt water . . . sweat, tears, or the salt sea.”

WHERE ARE YOUR FAVORITE PLACES TO TRAVEL? I’ve been fortunate to have used nearly all of my vacation days over the last 15 years to travel to nearly 60 countries! My favorites include Argentina, Namibia, South Africa, Kenya, India, New Zealand, and Mongolia.

ARE YOU CURRENTLY BINGE WATCHING ANY SHOWS? Not really binge watching one single show, but the following are in the rotation right now: Pose (best show I’ve seen in years), Marvelous Mrs. Maisel, last season of The Americans, Glow, Insecure, Atlanta, and Homecoming.

WHAT ARE YOUR HOBBIES OUTSIDE OF THE LAW? Live music (my favorite Colorado venues include Red Rocks, of course, but also the

32

•

THE DOCKET

•

A P R I L / M A Y 2 01 9

Ogden and the Gothic); historical period films/TV shows; dance (less dancing on my part these days, but I love attending the ballet); reading historical fiction; cooking; travel; and photography.

WHAT IS YOUR BIGGEST PET PEEVE? Lack of curiosity in other people about the world, etc.

WHAT IS YOUR FAVORITE GAME? Other than college football (Roll Tide!)?

I love nearly all varieties of board games, including classics like Monopoly and Risk, but also games like Power Grid, Settlers of Catan, and Ticket to Ride. As my friends and family can attest, I can also easily lose several hours to card games.

IF YOU WEREN’T A LAWYER, YOU’D BE . . . ?

A wildlife conservationist in East Africa with a specialization in elephants. I lived in Kenya between 2011 and 2012, and I spent all my discretionary income and free time finding ways to make it out to the beautiful African savannah. If you haven’t been, find a way to go!

ANYTHING ELSE YOU WOULD LIKE TO SHARE? Reading advice columns is a now notso-secret guilty pleasure of mine. I have several in my daily rotation. These include Carolyn Hax from the Washington Post, Miss Manners, Ask Amy, and Dear Prudence from Slate. Sometimes they’re hilarious, and other times they’re heartbreaking. But they always remind me of our shared humanity (and make me thankful for a wonderful, relatively drama-free family!).

CBA Find A Lawyer is now TRUSTED

We’ve added more categories and eased searchability so that your practice is more visible to a wider range of clients.

Be sure to log into LicensedLawyer.org/CO using your FindALawyer password to update your bio. Email memberhsip@cobar.org or call 303-860-1115, ext. 1 for questions and support.

JAMS IS EXCITED TO ANNOUNCE OUR TWO

NEWEST PANELISTS STEVE CHOQUETTE, ESQ. JOINING OUR PANEL APRIL 2019

& HON. KURT A. HORTON JOINING OUR PANEL MAY 2019

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254

Dispute Resolution Systems