2014 April

A Denver Bar Association Publication I Vol. 36 Issue 4 I April 2014

BIG Changes Ahead for the

DBA

2 The Docket I April 2014

Vol. 36 Issue 4 I April 2014

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EDIFICE REX

A preview of the Colorado and Denver Bar Association office remodel

THE BITCOIN DIRECTIVE A NEW DIRECTION IN THE APPOINTMENT OF DISTRICT JUDGES

The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

April 2014 I The Docket 3

INSIDE

6

From the President

10

Military Service & Its Implications for the Legal Field

17

Legal Life Denver: Casting Call

18

A Return to Civility in the Legal Profession

20

March Madness: The Law in Entertainment Bracket

23

A Young Lawyer’s Guide to Networking

25

Cruising for a Good Cause: Wheels of Justice Sponsors

26

Briefly

27

West to the 32nd Meridian: The Colorado Constitution

29

Law Student Chronicles: And Baby Makes Three

31

Wellness Brief: Are you an April Fool?

IN EVERY ISSUE 30

Briefs

31

Legal Affairs

33

Dates on the Docket

35

Picture This

The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

THE DOCKET

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.

Deadline for articles is five weeks prior to the issue date: for example, February articles are due Dec. 16.

Editor: Courtney Gibb, cgibb@cobar.org Managing Editor: Heather Clark, hclark@cobar.org P.C. Editor: Chuck Turner, cturner@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Ed Dilgarde, advertising@cobar.org The Docket Committee: Norman Beecher, Becky Bye, Scott Challinor, Julie Cuypers, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Ruchi Kapoor, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Christopher Mommsen, Barbara J. Mueller, Gregory D. Rawlings, Frank Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker, Mariya Yakovlevna Cassin, Peter Mullison.

Visit

DBA Officers: Daniel R. McCune, President; John M. Vaught, PresidentElect; Nancy L. Cohen, First Vice President; Richard M. Murray, Second Vice President; James G. Benjamin, Immediate Past President; Daniel A. Sweetser, Treasurer; Chuck Turner, Executive Director

Blog:

Board of Trustees Members: Erich L. Bethke, Jaclyn K. Casey, Catherine Chan, Janet S. Drake, Richard L. Gabriel, Nicholas Ghiselli, Barbara J. Mueller, Lucia C. Padilla, Andrew M. Toft, Matthew S. Larson

DBAdocket.org Denver Lawyers

Arts& Literature Contest DEAD L APRIL INE: 30!

Submit entries to docket@denbar.org.

Questions? Email kschuster@cobar.org.

4 The Docket I April 2014

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 Editors Heather Clark at hclark@cobar.org or Courtney Gibb at cgibb@cobar.org.

303-860-1115 • dbadocket.org Copyright 2014. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. 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, 1900 Grant St., Suite 900, Denver, CO 80203-4336.

Letters to the

EDITOR Dear Docket Editors: I am writing to complain about the Supreme Court Rule change Mile HIGHCounsel? announced in your April 2013 issue.

As a loyal DBA member, I have always looked to “The Docket” as a source of accurate information and guidance in all aspects of my legal practice. So, when I read Becky Bye's April 2013 article (“New Rule Implements Dress Code for Attorneys”), in which Ms. Bye noted a recent Supreme Court rule change implementing a vague “dress code” for attorneys, I was particularly alarmed by the portion of the rule that requires lawyers to “wear an appropriate suit when interacting with clients at the office and in public.”

While I take my duty to follow the rules of professional conduct very seriously, I have found over the course of this last year that I simply cannot comply with this rule. As a young lawyer practicing primarily in criminal defense and traffic matters, I lack the wardrobe budget of the average 17th Street silk-stocking firm associate. I meet most of my clients in Starbucks coffee shops or local taverns, as I do not have enough monthly income from billing to pay office rent.

In many of the local establishments in which I meet clients, showing up in “an appropriate suit” could carry real adverse physical consequences for me.

In the past, I have found that my best wardrobe resource was the local Goodwill store, where I could find plenty of presentable, and affordable, sport coats, jean jackets, pants, and (for my court appearances) ties. However, though I have checked every second-hand store in my neighborhood, finding “appropriate suits” has proven to be a real challenge.

Ms. Bye's advice to wear "dark suits," in particular, has been impossible to follow. The only “dark suits”I have found at my favorite second-hand stores have been leftover prom tuxedos or waiter uniform bolero jackets. While that may have worked in “My Cousin Vinny,”showing up in a tux or waist jacket in traffic court or the taverns where I meet my clients would not work for me.

So, what am I to do? If the Rules Committee now wants us all to wear dark suits, then we need some sort of Bar Association “suit recycling” program for lawyers like me who lack the resources to completely revamp their wardrobes. Failing that, I would ask that The Docket Committee, and Ms. Bye in particular, petition the Rules Committee to enact a “waiver” provision, allowing attorneys who do not own “dark suits” to disregard this rule. Given her role as a leader in the Bar, as well as her “personal interest in fashion,” I am confident that the Committee will listen to Ms. Bye far more closely than me.

Thank you for your interest, and please continue providDenver Association I Vol. 34 Issue 3 I March 2012 A Denver BarBar Association Publication I Vol. 35 Issue 4 I April 2013

Judges have been taught to identify attorneys who may be drunk, but with marijuana now legal for recreational use, jurists are learning how to spot a baked barrister in the courtroom. Marshall Snider explains how judges are preparing.

Inside

Sotomayor to Ring in Judicial Center Dedication

by Lauren Lockard

Rule Change Creates Lawyer Dress Code

by Becky Bye

Group Connects Transactional Attorneys with Pro Bono Work

by Scott Challinor

ing the sort of clear and accurate professional information you are known for, particularly in your April issues.

Sincerely, Gerald Quartermain, Esq. To the Editor: Kudos on running the continuing series on Fifteenth Century Andalusian Workers’ Compensation Law. Denver lawyers need to understand the direct relationship between workers’ rights in medieval Spain and today’s laws protecting injured workers. As always, “The Docket” is meeting the needs of its readers with such pithy articles. I only wish that you had expanded beyond the original 13 articles to include more detail on the interplay between the Spanish Inquisition and the scope of employment. Inquisitors who lost fingers to the rack, or were splashed with burning oil, often had their claims denied because they were torturing on their own time. Other than this one omission, the authors did a great job. Keep up the good work.

Kindest regards, Ferdinand of Aragon To the Editor: I find it hard to believe that “The Docket” would run a 13-part series on Fifteenth Century Andalusian Workers’ Compensation Law. Don’t get me wrong, it was a fine series, and I particularly liked the three articles on calculation of average weekly wage. But who do you think you are? Substantive articles like this belong in “The Colorado Lawyer” and should not take up valuable space in “The Docket.” We rely on this publication for scandalous rumors, weak attempts at humor, and suggestions about what vegetables to eat. These valuable tidbits were wholly missing during the three months you ran this series, and Denver lawyers were the worse off for the omission. Shame on you.

Best regards, Monty Python

April 2014 I The Docket 5

From the President

introduced by a partner at a firm or a supervising attorney in an agency.

With more and more lawyers working solo, they don’t have anybody to provide them guidance– and CAMP was developed to help fill the void.

New lawyers need to understand the meaning of what I call “professional identity”—the essence of being a lawyer and demonstrating competence and “professionalism” every day. And it is critical that the Court, the bar associations, and experienced attorneys exemplify that professional identity.

Q & A with John Baker on the Importance of Mentoring Dear Fellow Bar Members, In this Fireside Chat, I interview John Baker, Director of the Colorado Attorney Mentoring Program. I hope our discussion on the importance of mentoring will inspire you to take part in either learning from a more experienced attorney, or passing down your knowledge to those newer to the practice of law.

Before discussing the importance of mentoring, let’s talk a bit about you. Tell me, who is John Baker?

Baker

We l l , I s p e n t almost forty years as a plaintiff ’s personal injury lawyer, mainly focusing on products liability. On the community side, I worked on professionalism committees for probably thirty of those years. I served as DBA

President during 2009–10.

I was always involved in teaching at the law schools or at the National Institute for Trial Advocacy. And from about 2010 through 2012, I was the Director of the National Institute for Trial Advocacy in Boulder. After I thought I retired, the Court created the Colorado Attorney Mentoring Program (CAMP) and I had the pleasure of being named its first Director.

Can you please explain what the CAMP program is and does?

In 2013, the Colorado Supreme Court, the bar associations, and other organizations and professional groups decided to collaboratively address the issue of new lawyers entering the profession who were unable to land jobs, and so were hanging their own shingles.

Most of the time, they weren’t getting any legal mentoring; they were just out there “practicing” law. The Court was concerned about potential malpractice issues, and established a statewide agency called CAMP to create mentoring programs in all twentytwo judicial districts in Colorado.

Can people sign up to volunteer as mentors?

With all of the opportunities out there, such as CAMP and the bar associations, should supervisors just default the job of mentoring their younger attorneys to these programs?

No. CAMP was established to supplement the informal mentoring going on in law firms and organizations. And to pick up the people that are not involved—the young lawyers who don’t get the informal or traditional mentoring that’s taking place.

Those of us who have been mentors and mentees recognize that some people are really good mentors—have the patience, the time, and the investment to do it—and some aren’t. And so, we’re also providing resources to help mentors and mentees be more effective at the mentoring relationship.

We all remember the good mentors in our lives. But, it isn’t always easy to be a good mentor.—What tips can you give that would improve the mentoring provided to young attorneys?

Sometimes, the first impulse is to just try to fix the problem when a young lawyer comes to you—to say, “It would save everybody’s time if I just do it for you.” Well, the young lawyer doesn’t really learn in that instance. And so, letting the young lawyer take responsibility for the task that has been assigned to them, and letting them gain the experience along the way, is important.

It’s hard not to be judgmental when you watch a young lawyer wandering down a path that you know—I did that, and it was a mistake, so don’t do that. Instead, you’ve got to discuss it and take the time to actually help the young lawyer analyze the path that they’ve chosen and the potential risks..

In this hurried era, where technology controls some of our practice, just investing the time to sit down face-to-face to talk with the mentee is very important. Trying to mentor somebody through memos, emails, and briefs just doesn’t work.

What about resources? Are there places that someone can go to get more information or tips on mentoring?

Most of our programs are run through local bar associations, Inns of Court, or other organizations such as the Colorado Defense Lawyers Association or the Colorado Trial Lawyers Association. Through those organizations young lawyers sign up for mentoring, and experienced lawyers sign up to be mentors. The organizations match up the mentees with the mentors.

CAMP, in these instances, helps facilitate the programs by providing resources and training materials. In addition, I match individual young lawyers with experienced lawyers in areas where there are no supporting organizations.

We are developing mentoring resources and training. Right now, those resources are the CAMP website: coloradomentoring. org. There is a tab called “Mentoring Resources,” which has tips and articles for both mentors and mentees.

It’s essential for young lawyers to acquire a professional identity and learn practice skills, including client representation and how to work with other lawyers. Traditionally, those skills are

Your tips and comments have been very insightful on a professional and a personal level. Lessons to live by! Thank you, John. D

Why do you believe mentoring is so important?

6 The Docket I April 2014

Is it fair to say that the future of our profession depends on the mentoring we provide to the attorneys coming into the profession?

Of course. And it’s even broader than that. Besides assuring that the profession has high standards and competence and all of that, it also protects the clients whom the lawyers represent. And so, it is not only important to the profession, it is important to the judicial system and society, in general.

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Edifice Rex A Preview of the Colorado and Denver Bar Association Office Remodel B y C r aig E le y

W

hen the Ralph L. Carr Justice Center, which houses Colorado’s appellate courts and the Attorney General’s Office, opened for business last year, its exterior and interior design was met with general acclaim and, of course, the usual gaggle of grousers.

The faultfinders, egged on by some members of the local media who smelled a sensational story, leveled their guns at the elegance exemplified by the furnishings that found their way into the Supreme Court digs. Among their discoveries was a $7,200 tray table; some thousand-dollar-a-copy portable coat racks, and a couple dozen leather sofas, which cost north of $4,000 each. Where these items were obtained has not yet been revealed, but it’s a good bet they didn’t come from Jake Jabs.

By happy coincidence, the Colorado and Denver Bar Association offices were due for a makeover at about that same time.

Taking their cue from the judiciary, bar planners decided that the functional-but-plain CBA/DBA facilities would benefit from a designer’s touch. They retained the services of Humbert Le

8 The Docket I April 2014

Gaspilleur, the renowned French interior designer—receiving a cut-rate price for his services because he happened to be summering in Vail last year.

Le Gaspilleur came up with a breathtaking design, which some have called Hogwarts-on-the-Seine, reminiscent of an English gentlemen’s club with a glaze of Louis XIV. The design is even more remarkable when it is considered that it all had to fit within the skin of an ordinary, boxy 1960s office building.

When the renovations are complete, the first thing the visitor will notice upon exiting the 9th floor elevators will be

New CBA/DBA lobby rendering

If you like your legal research plan, you can keep your legal research plan,” Turner promises. the stunning reception area. Although located on a rectangular floor plate, the reception space consists of a large rotunda.

No right-angle walls are evident, since the windows out of the reception area do not actually look onto the Denver skyline.

Instead, specially made dioramas, with artificial lighting, will be installed outside each window. This gives the windows the appearance of looking to the outside, without disrupting the circular flow of the walls.

As the accompanying architect’s rendering shows, a small, illuminated dome tops the reception area, with reclaimed wood floors harvested from the Great Salt Lake. The dome evokes the Colorado and U.S. Capitol Buildings, from which our laws flow. The genius of this design is that the dome does not require breaking through the floor above, which would have added greatly to the expenses. Instead, the floor of the old reception area is being lowered into the mechanical plenum below. This allowed the installation of marble steps down from the elevator

CBA/DBA Executive Director Chuck Turner’s office. doors and a major rerouting of floor utility runs. The end result will be worth it.

A bookcase (which will house a large-screen monitor), comfortable tufted couches and chairs, and a period desk for busy attorneys to use while checking their emails, etc., round out the reception furnishings.

Chuck Turner’s trusty Steelcase desk will be relegated to the thrift store when his new office is completed. With more than three decades under his belt as CBA/DBA Executive Director, Turner is the longest-tenured bar association director in the country. As befits his status as the dean of bar executives, Turner’s office will be appointed in rare Indonesian mahogany.

Visible behind Turner’s desk, as seen in the architect’s rendering, will be a gold-leaf illuminated original rubbing from the Kanons (laws) of Suleiman the Magnificent (also known as the Lawgiver), the tenth sultan of the Ottoman Empire.

The Executive Conference Room compares well to the rest of the decor, with a recessed beam ceiling and walls covered in

CBA/DBA Executive Conference Room.

Mongolian Amboyna burl. The architect’s rendering of the room reveals Claude Monet’s “Les Filles Matinée” hanging behind the conference table. Lest association members accuse bar management of extravagance, it should be noted that it is actually a copy of Monet’s famous painting, executed by his protégé, Maurice Contrefait, which Le Gaspilleur sold to the bar association from his personal art collection at a very attractive price.

Coming up with the cash to pay for these upgrades to the CBA/DBA offices required some creative thinking. The Colorado Supreme Court is paying for its quarters and furnishings by taxing seekers of justice. Filing fees have been increased by 43% in some cases, and it now costs $224 to file a district court action.

Unfortunately, the CBA, as a voluntary association, cannot raise dues that dramatically for fear of losing members.

With the help of the Colorado Supreme Court, another funding solution was found. A new attorney qualification rule has been passed, which will require all lawyers who wish to practice in Colorado to be members of the Colorado Bar Association.

This will increase membership by about 30%, and by increasing the dues of current and new members by $175 per year, the improvements should be paid for in 15 years. The new rule, which is effective April 1, 2014, has an expiration date of 2034, after which bar membership will revert to again being voluntary. The 20-year term of the rule is longer than the 15-year payback period, just in case there are construction cost overruns.

Turner believes the rule will be useful in encouraging new members, especially younger lawyers who are not expected to use the actual facilities as much as more seasoned lawyers, to enjoy bar membership while contributing to the solvency of the association. He points out that, as a benefit of CBA membership, these new members will be eligible to use the legal research tool Casemaker at no cost. But what if they already use Lexis or Westlaw now, and don’t want to learn a new program?

“If you like your legal research plan, you can keep your legal research plan,” Turner promises. D Craig Eley is an administrative law judge who has a $125 cotton covered IKEA couch in his chambers. He can be reached at craig. eley@state.co.us.

April 2014 I The Docket 9

Military Service & Its Implications for the Legal Field Editors note: This article is presented by Karthik Venkatraj. He asked three other law students with military experience to share their stories as well.

Karthik Venkatraj is a 1L at the University of Colorado Law and a First Lieutenant in the Colorado Army N a t i o n a l G u a rd .

Karthik plans to continue his service in the Colorado Army National Guard and hopes to specialize in privacy law.

How does military experience translate into a law firm job?

After reading almost every article on transitioning military experience and hiring veterans, I was presented with a question I thought I would never hear— one that I had lectured my own soldiers on. This allowed me to reflect on the continuing challenges within the military community in transitioning into jobs within the private sector, and particularly jobs within law.

For the legal community, the concept of JAG is one that translates quite easily into a law firm. But, what about officers and enlisted soldiers in duties and roles outside of JAG? How does leading a platoon—the basis of military leadership —translate into a law firm associate with unique skills and talents? Or, how does serving as a Battalion Intelligence Officer during natural disaster relief affect one’s law school experience and perspective?

Rather than simply listing a point-bypoint analysis, I hope that a series of diverse narratives across services and ranks will help add clarity. But before launching into a broader discussion on military experience and its implications for the legal community, I wanted to share my Army story.

My parents immigrated from South India in 1982 to pursue a better life for themselves and their future family. After renting a one-bedroom apartment in

10 The Docket I April 2014

Brooklyn, my mother found a job as a nurse’s aide and my father cleaned cages at a veterinary clinic and carried x-rays.

Ten years later, my father obtained his PhD from NYU and my mother completed her MD. Through their struggles and successes, my parents reminded me and my siblings that their story would be possible only in this country. They taught my brothers and me to look for opportunities to give back to our country. After 9/11, I knew that the military was my opportunity to give back, and so, at age 19, I began my career as an ROTC cadet at Texas A&M University.

I was part of the SMP program, where I trained with a National Guard unit while doing ROTC. After training with the National Guard unit, my plans to go Active Duty changed. In the National Guard, I found farmers, computer engineers, consultants, police officers, riggers among other professions that wanted to serve their country while pursuing civilian careers. Oftentimes, their civilian careers and finances were affected by a National Guard training schedule that is on par with Active Duty components. I was enamored with the idea of leading soldiers from all walks of life within a military concept hearkening to the Massachusetts Bay Colony of 1636.

I graduated as a Distinguished Military Graduate and turned down Active Duty to pursue a career in the Guard.

Since then, I’ve done a brief stint working on policy in the Pentagon and completed a number of assignments ranging from working on the platoon level to battalion staff within the Colorado Army National Guard. I plan to pursue a career in the National Guard along with a civilian career in law. My service has been inspired by my parent’s story and my desire to preserve opportunity inherent within the exceptional principles and values that inform our nation and made my parent’s journey possible.

So, how do military skills merge with the legal world?

A Commitment to Mission

—Whether leading a platoon in Baghdad, filling in ranks far above your duty description while applying for law school, helping to coordinate relief efforts in wake of the Boulder floods during school, or training the Iraqi military to perform in a novel way, junior and senior leadership must be committed to a mission.

The Ability to Multitask —Briefing high-level officers at the battalion and theater levels, while being solely responsible for the lives of men and women and maintaining millions of dollars of government equipment, articulates some of the basic duties of junior and senior leadership.

The National Guard includes these duties and responsibilities along with a civilian career.

Never Quit Attitude—As trite as it may sound, this attitude seems to be quickly vanishing from society.

When evaluating the best and brightest in the NCO corps, the first thing I look for and expect is the ability “to make things happen.” These are the same expectations that are levied on my colleagues and me as officers and senior NCOs. Quintessential Problem Solvers—From junior NCOs to officers, challenges are continually placed on leadership to perform, whether operating in an overseas deployment, natural disaster or in a garrison environment.

Operating in the most basic of situations, junior leaders have been able to coordinate relief operations, train foreign soldiers, and lead their own soldiers into combat.

Leadership—Although it may seem obvious, leadership is truly unique in the military. The ability to lead is quintessential to entrepreneurship, and although there is an overbearing perception that the military is as formulaic as legal writing, junior officers and NCOs have been forced to innovate in continually changing operational environments.

Commitment to Serve— Where else can a 22 or 23-year-old sign for millions of dollars of equipment and be placed in direct charge of men and women? A commitment to serve informs the narrative of service members as they are placed in a capacity to be directly responsible for the welfare of their fellow service members. This duty spurns a

SSG Black departing Camp Arifjan in Kuwait 2012 commitment to serve, which is a powerful asset for a law firm.

Eric Beamish is a 1L at University of Colorado Law. He served four years in the U.S. Marine Corps and is a veteran of Iraq and Afghanistan. He is interested in pursuing a career in civil litigation.

What I thought was cool at age 13: tanks, guns, helicopters, fighter jets, video games where I could control war, and movies about war. What I wanted to be when I grew up: a lawyer.

These had nothing to do with one another. Neither one seemed to have any particular hold over my destiny at the time. Flash forward to American History class in 2001. The topic that week, in September, was Vietnam. Remember-

Eric Beamish at the range in Al Anbar in 2009, helping the Iraqis set up training protocols and teaching methods.

ing that day in hindsight became my own eerie version of real life falling into literary patterns worthy of fiction. By 2007, I had finished the first leg of my journey toward the coveted law degree: community college was in the can. However, rent and life’s other expenses didn’t leave much money for the price tag of a university education. Conveniently, a Marine Corps recruiter had just begun calling and aggressively recruiting me, dazzling me with the promises of glory and military pageantry, all with the bonus of free college at the end.

By the summer of 2008, I found myself in Basrah, Iraq’s second largest city. Our small team was embedded with the Iraqi Army and tasked with turning them into a competent, Geneva Convention-obeying outfit, which would form a pillar of stability in Iraq’s new post-Saddam democracy. Suddenly, the education I had put on the back burner assumed an acute relevance. For the Iraqi soldiers, the law merely represented their struggle to keep their monopoly on the use of force; for many of the civilian leaders, the law represented vast patronage networks and the swirling mix of tribal, government, and religious loyalties. History will judge which interpretation wins out; for me, the fight itself became the emphasis. As many (or even most) veterans struggle with the idea of a failed mission, a futile war, or a mistaken policy, the thought of doing one’s duty in the fight itself becomes the only solace, whatever the outcome.

Christine Black is a 2L at University of Colorado Law who spent 9 years in the Army National Guard, and is planning to seek a commission in the JAG Corps upon graduation.

On my first deployment, my commander signed a memo stating that I could maim anyone who told me the ending of the Harry Potter series before my copy of the seventh book got to Iraq. He also signed letters of recommendation for my college applications and helped me research law schools. Despite the fact that I was one of the lowest ranking soldiers in his company, he encouraged me with stories of his own schooling, and the long route he took to become an officer.

When I got my letter of admission for college, and again for law school, there was no one I was more proud to tell.

On my second deployment, the Task Force Executive Officer took a personal interest in every one of his soldiers, and let me read his War College textbooks.

The week before the Don’t Ask, Don’t Tell (DADT) policy ended, we had a conversation about how he would love and support his kids even if they were gay.

A week later, I stormed into his office to complain about the public comments that were being made about the repeal, and he rose to the challenge. We were the only task force in theater to issue a clear statement that harassment and discrimination would not be tolerated —something the repeal and legislature didn’t actually enact.

My “deployment dad” for the third tour was a Major in the Mississippi National Guard—and the proudest Mississippi State fan you’ve ever met. I was an enlisted soldier with a desire to attend law school. The first day we met, I was negotiated to extend with his unit, but still get home in time to start law school.

“We will have you out of here for school no matter what.” That was his firm promise to me. Due to my position, I was the lowest ranking person in any briefing.

Pretty soon, my boss stopped introducing me to people with my job title, and started saying: “This is SGT Black. She’s going to law school next year.” I didn’t even have a letter of acceptance at that point—so when it came, he was bragging all over Kuwait and Afghanistan. He even April 2014 I The Docket 11

started soliciting retainers for me! And yes, I was sent home with an early release from theater to ensure I had time to go house hunting.

I mention these three men because sometimes the military, its issues, and its laws overshadow the individuals who make it up. We all have our own reasons for serving. I will be returning to the military and serving in the JAG Corps because of men like this who encourage every member to serve to their fullest.

Hopefully, I will someday be in a position to ensure someone else gets to serve in just the right career for them.

Matt Johnson is a 1L at the University of Colorado Law. He served as an Army field artillery officer at Fort Riley, KS and deployed to Iraq from 2010 to 2011. He plans to work in business law after graduation.

My military experience was invaluable during my transition from the Army to the University of Colorado Law School.

The Army taught me many important life lessons and made me into a much more focused and well-rounded person, and I am very grateful that I had the opportu-

nity to serve.

The most important thing I learned in the Army was how to truly work as a member of a team. While deployed to Iraq as a field artillery officer, I served as a platoon leader in charge of roughly thirty soldiers and was responsible for leading them on various missions and patrols in eastern Baghdad. I was fortunate to work with a great group of Left, Matt Johnson. noncommissioned officers (NCOs), all of whom were very experigeant (the senior NCO in the platoon) enced and competent. Many of them told me that I was the lieutenant he had already completed multiple deployenjoyed working with the most during ments to Iraq, so I quickly learned that his Army career. That statement really I always needed to listen to their advice meant a lot to me, and I look back on it when we were on patrol. They helped me with a great deal of pride today. develop into an effective leader by teachI hope that the lessons I learned ing me the value of careful planning and about teamwork while in the Army will showing me how to lead by example. I help me in the future as I pursue a legal always had a great relationship with my career. Namely, I want to make sure that NCOs, and our ability to work together I will always listen to and learn from othallowed our platoon to have a great deal ers so that I can be a successful lawyer. D of success during the deployment. After we returned to the U.S., my platoon ser-

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The University Club at 1673 Sherman Street, Denver Tickets are $50 per person, all are invited to attend.

Summit: Keynote—Steven Harper, Author of "The Lawyer Bubble" • 8 Workshop Topics • Networking Reception with GCs

RSVP with your meal choice (Surf ‘n Turf, Chicken, or Vegetarian) and all attendee names to Heather at hclark@cobar.org or 303-824-5350.

Institute: Dr. Arin N. Reeves, Nextions LLC, & Karen Hester, CLI

The 2014 Honorees

Ethics/General CLE Credits Expected: Summit 7; Institute 4

Early Bird Pricing Until April 11

www.centerforlegalinclusiveness.or g 303.832.3503

12 The Docket I April 2014

Howard T. Alexander Joseph D. Bloch Thomas G. Brown Charlton H. Carpenter G.K. Conwick James L. Cunningham Stanley Dempsey Bruce Ducker Richard W. Duff John W. Dunn Herbert H. Galchinsky Charles Goldberg Gary L. Greer Jordan Hochstadt Charles J. Kall

Glen E. Keller Jr Robert L. Kessler James D. King Carlos F. Lucero William D. Pantle Ronald S. Pred Geoffrey S. Race Robert S. Rich Sigmund J. Rosenfeld Paul D. Rubner James W. Schroeder Robert D. Showalter Ray M. Solot John R. Trigg

The itcoin Directive

by D o cke t I nve st ig at i ve J ournalist G reg “ T w o S co op s” R aw ling s

Wikipedia says a Bitcoin is a peer-to-peer payment system and digital currency introduced as open source software in 2009 by pseudonymous developer Satoshi Nakamoto. It is a cryptocurrency, so-called because it uses cryptography to control the creation and transfer of money.

Y

es, friends, it’s true: after numerous public and private sessions dealing with Colorado attorneys, use of Bitcoin technology—including a knock-down drag-out behind closed doors Attorney Regulation melee—the Colorado Supreme Court has voted to permit the use of bitcoin digital currency for all legal services. With one fell swoop of the pen, the Chief Justice issued a Directive dealing with Bitcoin related issues.

{

languidly issuing from his thin pinkish lips. In that I wasn’t entirely sure what bitcoins look like, much less what color they were, or even if they had any physical existence whatsoever, I thanked Jones for his time and stepped back in line for the tour at the U.S. Mint. Jones himself returned to his souvenir stand and eyed me warily.

After much international negotiating, I managed to get former Fed honcho, Ben Bernanke, on the line. Reached in Crete where he was sunbathing for a few weeks before returning to his new gig at The Brookings Institute, he explained that he foresaw serious inflationary blowback from the change.

“Why?”I asked.

Sighing profoundly, the monetary policy wiz said, “Well, because every lawyer in the state over 40 will need to hire someone to explain it to him or her, then set it up, then keep it up.

This will result in the added costs being passed baton-like to the legal consumer.”

A spokesperson for the Chief Justice stated that, “experimental, decentralized currency, or, peer to peer distributed cryptocurrencies are the wave of the future, and the future is now.”

As expected, the primary concern was how this change would alter COLTAF use. The Court and its sage advisors finally agreed that COLTAF-B accounts would suffice, augmenting the present system.

A spokesperson for the Chief Justice stated that, “experimental, decentralized currency, or, peer-to-peer distributed crypto-currencies are the wave of the future, and the future is now.”

Whatever the chronological confusion engendered by these statements, it appears that the financial side of legal practice in this state is in for a hasty modernization. A six-month roll-out is anticipated pursuant to the Directive, with an opt-out provision for the technologically inept or any attorney with a registration number under 5000.

The banking community responded predictably. A local bank executive asked, “Are you folks living on the same planet that I am?”

When this trusty scribe related that I was just an honest newsman trying to make a buck, he shot back, “Well, we have real live honest-to-goodness American bucks here,” and proceeded to hang up.

The Colorado Medicinal and Recreational Marijuana Counsel issued an official Tweet, stating, “140 characters are simply too few to express, uh...what was I trying to express?”

Local numismatist Jordan Jenkins Jones scoffed at the news and inquired what my views were on returning the country to the gold standard. “Ah, Gold,” he mumbled, the words

}

Wishing I was sunbathing in Crete, I begged the man for some sage financial advice.

“Plastics,” he said, before sashaying back to his luxurious cabana.

O Brave New World of Colorado law and finance! Of course, The Docket will keep its readers up to date on the Bitcoin Directive, once we on the staff wade through the onrushing tsunami of rage-fueled phone call, emails, Tweet, faxes, FB posts and even a cute photo essay on Tumblr. D Greg Rawlings was born in a log cabin in rural Kentucky and raised by sharecroppers. After being the first person in his family to graduate from middle school, he worked in the mines until, after barely escaping a mine disaster, he decided that even school was better than a coal-y grave. Years of hard work and learning “regular English” resulted in him attaining the status of “lawyer,” a profession he professes to this day.

April 2014 I The Docket 13

A New Direction in the Appointment of District Judges

by D oug McQ uist on Growing increasingly concerned with the recent uptick in retirements from the District Court bench throughout Colorado, the Supreme Court is considering a major change to the way judges are selected for Colorado’s district courts. They have asked The Docket to describe the changes being considered, and serve as a collection point for formal comments in response to the proposed rule change. The comment period will last one year. All licensed attorneys may provide their comments during that time. Final decisions on the proposal will be made and publicized no later than April 1, 2015.

Why change the rules? Historically, there was an effective balance between the number of judges retiring and the number of lawyers wishing to ascend to the bench in each of Colorado’s judicial districts. For every judgeship that opened, there were more than enough qualified local candidates seeking to take the position. But recently, there are far more judges leaving the bench—both in retirement or to return to lucrative private practices—than there are candidates to fill the positions. In addition, it has become difficult to replace judges in the more remote or rural Colorado counties due to a lack of attorneys with any interest in serving there. Therefore, the Court is considering a new way to select candidates for the many positions it anticipates opening on the district courts: a statewide draft.

Rather than passively awaiting applications for the positions, the Court instead will screen all attorneys currently registered and in good standing, sort them by the judicial district in which they reside, and then begin drafting those chosen to serve as District Court Judge (for a term of no less than one year each).

The drafted attorney will be given 30 days to make the necessary arrangements for his practice, and will be expected to take the bench promptly on the 31st day after notification.

Because the lack of available candidates is most pronounced in Colorado’s less populated mountain counties, the Court is proposing the following rule subsection: If there are no licensed attorneys in the more remote or rural districts, (or the attorneys residing there have demonstrable hardships that preclude their service), the Court may draft an attorney from any other district, who will be required to relocate to the more rural or less populated district. For example, an attorney residing in Denver or El Paso County may be ordered to take a judgeship in San Juan or Hinsdale County. In such cases (which the Court expects to be rare), the Court has arranged for the lease of yurts in the less populated counties, which the draftee may use as their residence for the full term of the judgeship in the county to which the draftee is assigned.

14 The Docket I April 2014

“We anticipate this working just like jury duty,” said Court spokesman April Fairgame. “While the Court will necessarily have to excuse the rare hardship case, like lawyers with children attending private college, we believe most Colorado attorneys will be eager for the chance to serve their state, and the courts to which they have sworn an oath, by doing their part and taking on the judgeship for their full assigned year.”

The Court’s proposal makes no distinction between lawyers in private or public practices, or between litigation lawyers and their transactional colleagues. All attorneys in good standing will be eligible for the draft. Once drafted, attorneys would draw the standard district judge salary and health benefits for their full year of service, but would not be eligible for state PERA pensions. Recently retired judges will not be eligible for “redraft” for the first two years following their retirements, but after that, will be placed into the draft pool until reaching the mandatory retirement age of 72.

Those wishing to lodge formal comments should send them to Heather Clark at hclark@cobar.org no later than Dec. 31, 2014. The comments will be compiled and forwarded to the Colorado Supreme Court Draft Committee for its consideration prior to the 4/1/15 final rule announcement. D Doug McQuiston has been a lawyer in Colorado for more than 30 years. He is a member, contributing writer, and past chair of The Docket Committee.

{

We anticipate this working just like jury duty,“ said Court spokesman April Fairgame.

}

April 2014 I The Docket 15

Stratum noun \`str-tam,`stra-\

: one of usually many layers of a substance (such as rock) : a level of society made up of people of the same rank or position : a first-of-its-kind Denver Bar Association Community-foCuSed Co-working SpaCe for members. Stratum will give members a stronger sense of Community and Collegiality, while providing them with the buSineSS amenitieS they need to enhance their 21StCentury praCtiCeS. • Power for your devices • Meeting Space • High speed wifi • Printing, scanning, copying, and faxing (limited number of copies) • Meeting room access (by reservation) • Complimentary coffee and soft drinks • Networking events • Guest passes for non-members • $5 passes to on-site fitness center

Stratum ribbon Cutting I Tuesday, April 8 from 5–7:30 p.m.

DBA Offices, 1900 Grant St., Ste. 900 I Complimentary drinks and appetizers

Co-sponsored by the DBA Fit to Practice Task Force, the DBA Young Lawyers Division, and the CBA Solo and Small Firm Section

Coming April 8 RSVP to lunches@cobar.org or online at bit.ly/DBAstratum.

16 The Docket I April 2014

Official Casting Call DBA Seeking Participants for a Law-Based Reality Show

by Beck y B y e Over the past decade, reality television shows have gained widespread popularity. Television networks are increasingly airing shows featuring a “day in the life” of people, whether mundane or obscure, and for some reason or another, these shows have proven to be incredibly addicting. From shows such as the “Real Housewives” franchise to “Keeping up with the Kardashians” and “Tuna Wars,” reality shows are a cost-effective way for others to get a glimpse into the personal and/or professional lives of other Americans.

I always felt that the practice of law would make a great premise for a reality show. From the first-year associate at a large law firm, to a district attorney, public defender, or solo practitioner, a “day in the life” of attorneys can be unique, dramatic, emotional, and interesting. Apparently, I am not the only one who felt that legal profession would be conducive to an interesting reality series.

Recently, the Bravo network—a network known for many reality television shows—contacted the Denver Bar Association to inform us that this summer they will start filming a reality series regarding the legal profession and lawyers’ lives during and after work. They chose Denver because of its robust legal community and active cultural landscape that still lacks much of the high-volume and “red tape” of other jurisdictions, such as Los Angeles and New York.

As the producer, April Fuerst noted, “Denver has the perfect confluence of a sophisticated legal system with a fun culture.” Fuerst also added that this is the perfect time to film a reality show on the legal profession in Denver, given the fact that it is in the national limelight for recreational marijuana and the microbrewery boom.

When they approached the DBA about this series, many of us questioned whether it is possible to air such a series while maintaining client confidences and maintaining the integrity of the legal profession. Bravo’s lawyers also raised this issue, so they decided to avoid any ethical or professional pitfalls by focusing on the actual lives of lawyers and not delving into specifics of any cases or clients. They will film the lawyers doing their work in public forums and also spend substantial time filming lawyers’ personal lives, with the consent of anyone who

might be directly or indirectly involved.

The show is tentatively called “Legal Life: Denver,” although the network is also screening other names in opinion surveys. It is initially under contract to air eight episodes, with the option to add an additional five episodes for the first season.

The Bravo producers approached the DBA to aid them in their quest to find six attorneys in completely different practices with potential daily occurrences of drama, stress, and humor. They are seeking attorneys in these practices to have interesting personal lives that can be examined on camera. For example, they are seeking attorneys who are single and dating, in the process of family planning, in the midst of tumultuous relationships, or who otherwise have personal lives that might provide an interesting glimpse to outsiders.

Therefore, the DBA and Bravo are jointly accepting applications for the show. Overall, we are seeking three men and three women from various legal backgrounds. We would like to find attorneys that fairly represent a cross-section of the legal community, so we seek solo practitioners, law firm associates, law firm partners, and attorneys in the public sector for this position.

Starting on or after April 1, please email your application to cgibb@cobar.org. In your email, please include the following in no more than 100 words per question: 1) Tell us about yourself, professionally and personally 2) Why would you be a good candidate for this show? Include your preferred email address and phone number. Applications are due by the end of the month.

If you make the first cut, we will contact you for further information and potential in-person interviews. Also, please contact me at beckybye@gmail.com if you have any other questions before submitting your application.

Becky Bye is a public attorney. She received her J.D. from the University of Denver Sturm College of Law in 2005. Bye is actively involved in the legal community, including serving on the University of Denver Law’s Alumni Council and the DBA Docket Committee.

She is a past chair of the CBA Young Lawyers Division. Bye may be reached at beckybye@gmail.com.

April 2014 I The Docket 17

A Return to Civility in the Legal Profession: The Demise of Pitbull Lawyering B y K ei t h Le w is It’s not exactly a surprise that the legal profession is not viewed favorably among most Americans. Some lawyers attribute our fall from the public’s grace to the rise of advertising; some blame the billable hour. Others cite the dissatisfaction on the growing complexity of the law and the added pressure and expense that it brings. While these are definitely issues that may need attention, I have come to the conclusion that the decline of civility among fellow lawyers is the larger problem—and may be the key to solving the others.

Having spent five years in the practice of law completely devoted to civil and criminal litigation, I’ve seen quite a range of professional demeanors on the other side of podium. Certainly, my mere five years cannot compare to the experience of my colleagues with many more years under their legal belts, but I have come to notice a disturbing trend in my time thus far.

There is a growing lack of civility in the legal world. How often do we as lawyers lament that our own profession has grown uncivil, harsh, and overly stressful? Fortunately, I have not seen obviously unethical tactics like dishonesty, withholding mandatory disclosures, and downright abuse of power, although I’m sure those occur. What really diminishes the joy of practicing law is the tactic of pitbull lawyering.

Pitbull lawyering occurs when lawyers use unpleasant discourse as a professional tactic. When counsel raises his voice at his adversary, that’s pitbull lawyering. When an attorney would rather instigate further conflict in the case to inflate his client’s bill, or strangle the financial resources of the other side, that’s pitbull lawyering. When discovery is intentionally expanded way beyond the scope of the real issues in dispute, that’s pitbull lawyering.

Each of us with experience in contentious litigation is probably guilty of

18 The Docket I April 2014

the use of pitbull lawyering tactics at some point in our careers. Often, our clients encourage it. However, it is in danger of destroying our profession.

Pitbull lawyering stresses us out to an unnecessary extent. It creates daily con-

they need us. And in this case, the clients are wrong. Pitbull lawyering is actually a position of weakness. It screams insecurity and values the loudest argument above the soundest one. It often intensifies the conflict, and any initial pleasure

The decline of civility among fellow lawyers is the larger problem—and may be the key to solving the others.” flict that causes many lawyers to resent their career choice, drives us to drink or do drugs, overmedicate, commit suicide and exit this noble profession in droves.

But, it doesn’t have to be this way. We all just need a slight change in perspective.

On its face, pitbull lawyering appears to be a position of strength.

This is why clients often seek the trait in selecting their advocate. However, clients don’t always know what is best for them in their legal disputes—that’s why

the client may derive from the satisfaction of having a pitbull lawyer is fleeting.

At the end of the day, the client is left with an inflated bill due to an exacerbated conflict and nothing to show for it in the results. Ultimately, the tactic fails everyone.

Any law school ethics class or CLE on the topic will note the unethical nature of pitbull lawyering, sometimes referred to as “Rambo tactics.” If we are theoretically against it as a profession, why does it so often creep into our real world litigation? I think it is because

We should view our profession as one of conflict resolution, not conflict instigation.” those well-intentioned law professors and CLE presenters rarely, if ever, demonstrate to us an alternative. When the pressure is on, and the client is pushing for his advocate to be a pitbull, even the best of us may falter. We may be tempted to try to overpower our opponent rather than persuade him or her.

Here is an alternative: We should view our profession as one of conflict resolution, not conflict instigation. Certainly, we will advocate for our clients.

Certainly, we will remain loyal to our clients’ non-frivolous positions. Certainly, we will not allow our clients to be taken advantage of by the government or the other party. However, our chief aim should always be to resolve the dispute as quickly, efficiently, and amicably as possible within the bounds of our duty of loyalty to our clients’ best interests.

This is the position of strength. This is the key to restoring civility and satisfac-

tion to our profession.

I bet that this alternative attitude will precede sharp decreases in professional dissatisfaction, substance abuse, and depression among members of our bar. Best of all, it will result in efficient outcomes for the judiciary and our clients.

I would like to see the Colorado Supreme Court or the DBA establish a committee to explore how we can incentivize the implementation of this notion throughout our courtrooms. We owe it to our clients. We owe it to ourselves. We owe it to this noble profession. D

The Peer Professionalism Assistance group is sponsored by the Denver Bar Association and is part of a nationwide effort to assist the enhancement of professionalism among attorneys. The PPA consists of attorneys from Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert, Gilpin and Jefferson Counties.

PPA offers free, voluntary (except when court-ordered) and confidential assistance to attorneys to resolve professionalism disputes with other attorneys. PPA can assist attorneys in the following ways: • Mentor the calling attorney and provide advice on how to handle the situation.

• Contact the offending attorney upon request to discuss the professionalism issues.

• Meet jointly with both attorneys to resolve the professionalism issues.

You may call the general help line at 303860-1115 or contact one of the PPA panel members directly. You can find a list of members at bit. ly/DBAPPA.

Keith Lewis is a Colorado and Georgia licensed attorney with a 100% trial and appellate litigation practice located in Denver.

The Colorado

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April 2014 I The Docket 19

MarchMadness: TV Show The Good Wife Law & Order Law & Order Law & Order L.A. Law Boston Legal Boston Legal

My Cousin Vinny My Cousin Vinny Erin Brockovich My Cousin Vinny The Paper Chase The Paper Chase A Few Good Men

Movie 20 The Docket I April 2014

The Law in Entertainment Bracket Character Jack McCoy Perry Mason Perry Mason Perry Mason Ally McBeal Alicia Florrick Alicia Florrick

To Kill a Mockingbird To Kill a Mockingbird A Time To Kill To Kill a Mockingbird Les Miserables Les Miserables The Firm A totally scientific and completely arbitrary survey of legal entertainment.

Book April 2014 I The Docket 21

Talk Derby to 26th Annual Barristers Benefit Ball

Me

Saturday, May 3 I Marriott City Center

Patron Table for 10 guests* $3,250 I Patron Ticket* $275 Individual Ticket $165 I Judicial Ticket $120 Young Lawyer and Non-Lawyer Ticket $100 I Student Ticket $60 *Includes preferential seating and recognition in the dinner program.

For more information, call Dana Collier Smith at 303-824-5318.

RSVP online at denbar.org.

22 The Docket I April 2014

A Young Lawyer’s Guide to Networking at the Barristers Benefit Ball Try to remain low key. If you are on the job hunt and want to meet as many people as possible, this is a great opportunity—however, keep in mind that this is a social occasion. Interactions should be friendly and social in nature, not aggressive.

Touch base with people you meet.

by E lis abe t h M ankam y e r ’ve had the pleasure of attending the Annual Barristers Benefit Ball for the past three years. As a young lawyer, I was at first hesitant about this event. It seemed somewhat intimidating, and I didn’t know what to expect. That changed in 2011, however, when my firm purchased a table at the Ball and my husband and I were encouraged to attend. I am so glad that we did!

It was far from the stuffy event that I’d imagined. People were mingling, drinking and generally just enjoying each other. The prom-like photographs were a big hit and it was fun to watch other groups and couples get photographed.

I’m also happy that my husband and I have some posed formal photos to look back on.

If you’re considering buying a ticket to the Barristers Ball, or filling a seat at your firm's table, you will not regret it.

I have genuinely enjoyed each ball that I’ve attended. I am always pleasantly surprised by how many people I know once I get there, and I've met some great people while waiting in the cocktail line, or sitting at a table together. The theme has changed over the years, but the jovial mood remains. Last year was the first Derby-themed ball. I enjoyed dressing a bit more casually and seeing the wide array of outfits and hats. Some people stuck to the standard black tie dress code, but many more embraced the Derby style, decked out in seer sucker suits, bright dresses and extravagant hats. The mint juleps were a great addi-

tion and put everyone in the right frame of mind for a fun night!

Still unsure about whether you’d be able to make the most of this event?

Here are a few tips for networking at an event like Barristers Benefit Ball:

Don’t be afraid to be friendly. I've found that people at the Barristers Ball are there to enjoy themselves and have fun. Senior attorneys that may seem intimidating at a formal event are often in a more social mood and open to conversation. Introduce yourself in the cocktail line, compliment someone's outfit, join a group conversation, or strike up a random one. I’ve found that networking feels far less forced, and is more beneficial when you’re in a less structured environment such as this and you can enjoy a pleasant conversation with someone.

Be cautious with drinks. Beer, wine and those mint juleps are flowing at the Barristers Ball! Take stock every once and a while to make sure you are still in control and able to make a favorable impression on those around you.

You do not want to meet people in a manner that makes anyone think you are belligerent or out of control. Most attendees are imbibing and you can too, but as a young lawyer, it is important to remember that this is still a professional event with many senior attorneys that could someday sit across from you in an interview.

Swinging by and telling people you just met how nice it was to meet them means a lot. Touching base leaves a favorable and lasting impression of you—the perfect scenario for those job-seekers out there.

For first-time attendees, I recommend getting to the event right around the start time so that you have a chance to check out the activities, including purchasing a “mystery prize” for $50 which has a guaranteed minimum value of $60.

Prizes include hotel stays, spa packages, restaurant gift cards, most valued much more than $50. You can also get in line for your picture before too many people are there. Come prepared to have a good time and definitely plan for transportation home—those mint juleps have a kick! D Beth Mankamyer is an associate attorney at Benjamin, Bain, Howard & Cohen, LLC. She practices in real estate transactions and corporate law, with a focus on real estate sales and acquisitions, leasing and business formation. Beth is a graduate of the University of Colorado Law School and Western Washington University.

April 2014 I The Docket 23

Calling All Superheroes...

Join the Wheels of Justice $1.98 Million. That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised for Children’s Hospital Colorado in the team’s first eight years. Last year, our riders, sponsors, and volunteers all worked together to raise more than $375,000 for the Children’s Center for Cancer and Blood Disorders in the Courage Classic Bicycle Tour.

In 2014, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado when we ride in the Courage Classic July 19–21.

Join as a Wheels of Justice rider and enjoy terrific benefits, including cool team gear, weekend training rides, coaching sessions, and great events. Join as a Wheels of Justice sponsor before May 10 and you’ll join Denver’s top law firms and businesses in receiving excellent publicity and benefits. For more information, visit wheelsofjusticecycling.org.

Thanks to our 2014 sponsors who have already helped us raise more than $35,000. Please join them!

24 The Docket I April 2014

2013 Wheels of Justice Cycling Team.

Cruising for a Good Cause: Wheels of Justice Sponsors B y Court ne y G ib b

Aaron Bradford and son at the finish line.

“There are a lot of organizations you can sponsor, where you’re not exactly sure where the money is going.

With Wheels of Justice, we know we’re going to help sick kids and fund cancer research, and that’s very meaningful.

That’s why we do it.”

Aaron Bradford, a partner at Lathrop & Gage, has been involved with Wheels of Justice since its inception nearly nine years ago. The inspiring organization works to raise money for the Children’s Hospital Colorado by way of cycling teams and charitable sponsors.

To date, Wheels of Justice has raised more than $2 million for the Children’s Hospital Colorado. Its main event is the “Courage Classic,” a 156-mile bike race at Copper Mountain. The cycling is split between three days, with celebrations and parties throughout.

Bradford first got involved with Wheels of Justice when he was at Pryor Johnson, and the support continued when he joined Lathrop & Gage. Today, Lathrop & Gage is a leading sponsor,

donating more than $50,000 to the team (plus another $75,000 from their client base!).

“It’s a rallying point in the office—a source of pride,” Bradford says. “Wheels of Justice brings everyone together, it gives us something to talk about and prepare for.”

Plus, when Lathrop & Gage first opened an office here (from its home base in Kansas City), Bradford’s involvement with Wheels of Justice provided a great way to break into the Denver community. The firm gained recognition for more than just its legal practice.

“As a sponsor, we’ve benefitted internally, externally with clients, and within the community,” Bradford says.

“Now, when clients find out that we do this, their opinion softens a little about lawyers.”

L athrop & Gage ’s encouragement—and Bradford’s passion for fundraising—has certainly made an impact. Over the years, the firm has seen seven clients join as Wheels of Justice sponsors. And every year, five to ten people from the firm head up to Copper to participate in the Courage Classic.

Now that Wheels of Justice has surpassed the $2 million mark, it aims to expand its reach past the Denver community. Wheels of Justice wants to follow the lead of Children’s Hospital Colorado and grow into other cities around the state.

“What excites me about the future is that we have now captured the interest of people outside of the legal profession, and even outside Denver,” Bradford

Want to know more about sponsoring or joining the team? Visit wheelsofjusticecycling.org or contact team leader Heather Leja at hpleja@ gmail.com.

You can also keep up to date with the Wheels of Justice team on Facebook at facebook. com/WheelsofJusticeTeam, and join their Facebook Group to coordinate with other riders on training ride meet-ups at on.fb.me/1iahIwE.

explains. “Wheels of Justice could have teams in Ft. Collins, Colorado Springs and Grand Junction doing training rides and raising money, then coming together in July for the Courage Classic.”

According to Bradford, the success of Wheels of Justice is largely due to its grass roots champions. As Wheels of Justice extends into other cities, it’s critical to have people step into leadership roles to campaign for the cause and spread it throughout the different communities.

Current leaders and members are very open to new ideas on how to continue to make this team into an institution for the hospital.

“We’ve broken every record so far,” Bradford notes. “We want to see it thrive for years to come.”

Along with Lathrop & Gage, 2014 Wheels of Justice sponsors so far include: COPIC, Polsinelli, and Caplan and Earnest LLC. D Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket. She can be reached at cgibb@ cobar.org.

April 2014 I The Docket 25

BRIEFLY Total law school applicants are down nearly 12% compared to the same point in 2013.

Helpline

Helped 499 flood victims.

All Bar Associations programs helped 617 people..

28.4%

The volunteer rate among women in the United States. Women volunteered at a higher rate than men across all major demographic categories; the overall male volunteer rate was 22.2 percent.

Source: Bureau Of Labor Statistics

Did you know?

Many of the Perry Mason TV movies, beginning with Perry Mason Returns in 1985 through Perry Mason: The Case of the Killer Case in 1993, were filmed in and around the city of Denver. Filming locations included the Denver Zoo and the Denver City and County Building!

26 The Docket I April 2014

West to the 32nd Meridian The Colorado Constitution

the Enabling Act, President Ulysses S. Grant proclaimed Colorado the 38th state on Aug. 1, 1876. R.W. Woodbury, editor and proprietor of the Denver Times, dubbed Colorado the Centennial State in recognition of its creation 100 years after our nation’s Declaration of Independence.

Transition from Territorial to State Law

B y Dan Cord ova and C hris Hud s on In the landmark U.S. Supreme Court decision McCulloch v. Maryland, Chief Justice John Marshall famously wrote, “... we must never forget that it is a Constitution we are expounding.” 17 U.S. (4 Wheat.) 316, 407 (1819). Laden with meaning, and the subject now of nearly two centuries of debate, scholarship, and critical review, this statement at the very least reminds us of the importance federal and state constitutions play in our uniquely American form of government.

Approved by the territorial voters in the July election of 1876, the Colorado Constitution has an interesting past.

The circumstances of its adoption, its subsequent (and frequent) amendment, and its ongoing application to everyday affairs are of vital importance to the citizens of our state. This installment of West to the 32nd Meridian offers a glimpse into the past and present of this most important of Colorado legal texts.

Enabling Act Since the Ordinance of 1787, federal territories admitted to the Union as states are done so on an equal footing with the original 13 colonies. The mechanism for this process is called an

Enabling Act. The Colorado Constitution was authorized by the U.S. Congress when it passed an Enabling Act on March 3, 1875 (18 Stat. 474). That Act specified the requirements necessary for Colorado to become a state. Once met, the Act authorized the President to proclaim Colorado a state without any further action by Congress.

Constitutional Convention Pursuant to the Enabling Act, 39 men were elected from among the territorial counties to serve as members of a constitutional convention. The main purpose of the convention was to draft a state constitution. The convention convened on Dec. 20, 1875 and worked for 87 days, after which time the proposed constitution was signed and delivered to the voters for approval. The members began signing the document on March 14, 1876, and were allowed by agreement to do so until election day. The election was held on July 1, 1876. Territorial voters approved statehood by a vote of 15,443 to 4,039. Later in July, an engrossed copy of the written constitution and its accompanying ordinances were delivered to Washington, D.C.

Statehood – Centennial State Fulfilling his responsibility under

A constitution is “the paramount law of a state, designed to separate the powers of government, defining their extent and limiting their exercise by the several departments, as well as to secure and protect private rights, and no other instrument is of equal significance.” Ex Parte Corliss, 114 N.W.962 (N.D. 1907). As the jurisdiction’s original statute, it is defined as “organic” law.

Put another way, it is the source document for a state’s law. Once established, state law extinguishes federal territorial law unless it is explicitly preserved in the Enabling Act and/or statutorily reenacted by the new state’s legislature. In Colorado, much of the existing territorial law was formally adopted into our new state code. Done during the First Session of the Colorado State General Assembly, which met between November 1876 and March 1877, the proceedings were published as a part of the 1877 General Laws of Colorado, but not separately.

The unpublished handwritten House and Senate journals memorializing the First General Assembly are held at the Colorado State Archives.

Amendment Process The Colorado Constitution has undergone many changes since its adoption in 1876. In the original document, Article XIX specified the only two ways of amending the Constitution. Specifically, it provided for a constitutional convention (Art. XIX, sec.1) or amendment by a 2/3 vote of the General Assembly with approval by a majority of registered voters at the next general election (Art. XIX, sec.2). To date, no convention has been called; however, in 1976, a citizens’ group recommended a Constitutional Review Commission to study and develop a plan for the best way to update our current constitution for the next April 2014 I The Docket 27

century. A decade later, a model constitutional convention was held in 1987 to examine our constitution in celebration of the U.S. Constitution’s bicentennial.

Nevertheless, the convention remains a legal, if unused, method for amending the Colorado Constitution.

Approved by the voters on Sept.

2, 1910, H.B. No. 6 (An Act to Submit to the Qualified Voters of the State of Colorado an Amendment to Section 1 of Article 5 of the Constitution of the State of Colorado, Providing for the Initiative and Referendum) created two additional amendment methods: the initiative and the referendum. Most important is the initiative, now found in section 1(2) of Article V. The initiative reserves to the people the power to amend the Constitution or enact a statute by petition followed by popular vote. Following the procedures set forth by statute at C.R.S. 1-40-101 et seq., citizens are empowered to initiate legislation (statutes or constitutional amendments) independently of the general assembly. Differing by whether the people urge the change through a specified number of signatures verified by the Secretary of State (initiative) or whether the legislature suggests

the change for popular approval (referendum), both measures appear on the ballot in the next general election for voter approval.

•

•

Web/Bibliography A number of important resources are available for researching the Colorado Constitution. The following is a selected list: • Collins, Richard B., “The Colorado Constitution in the New Century.” University of Colorado Law Review.78, no. 4 (2007): 12651335.

• Collins, Richard B. and Dale Oesterle, “Structuring the Ballot Initiative: Procedures that Do and Don’t Work.” University of Colorado Law Review 66, no. 1 (1995): 47-127.

• Colorado General Assembly, Office of Legislative Legal Services, tornado.state.co.us/gov_dir/leg_dir/ olls/ • Colorado Secretary of State, Elections & Voting, sos.state.co.us/ pubs/elections/main.html • General Laws of the State of Colorado (1877)

•

Hersey, Henry J., “The Colorado Constitution.” Colorado Magazine 3, no. 3 (1926): 65-76.

Oesterle, Dale A. and Richard B. Collins, The Colorado State Constitution: A Reference Guide (Westport: Greenwood Press), 2002.

O’Connor, Timothy, comp., The Proceedings of the Constitutional Convention held in Denver, December 20, 1875 to Frame a Constitution for the State of Colorado (Denver: The Smith-Brooks Press, State Printers, 1907).

Dan Cordova is the Colorado Supreme Court Librarian. Chris Hudson is the Deputy Colorado Supreme Court Librarian for Education and Outreach. They can be reached at 720-625-5100 or library@judicial.state.co.us.

Leslie Lawson

Dan Himelspach

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28 The Docket I April 2014

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Join us for classes and readings with: Steve Almond Mat Johnson Mark Doty Antonya Nelson Robin Hemley Emily Rapp Gordy Hoffman

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Law Student Chronicles: And Baby Makes Three

By Ty Nagamatsu Editor’s note: We asked four 1L law students—two from Colorado Law and two from Denver Law—to submit articles for our new column, “Law Student Chronicles,” twice per year for five years. We will follow them through their educational journey, as well as join them as they venture out into the legal field.

A

s you may know, the Law Student Chronicles is a new column giving Docket readers a glimpse into what the typical law school experience is like for today’s law student. I’ll begin my chronicle with the disclaimer that my unique situation made aspects of my first semester far from typical—I started law school with a three-week-old baby!

In August, Baby Sloane and I frequently holed up in Crema Coffee House while I drafted my first memorandum on the Voluntary Payment Doctrine for Lawyering Process. (She hasn’t said her first word yet, but it will most likely be “Memo.” Fortunately for me, that sounds a good deal like “Momma.”)

Before the cool Autumn days were upon us, she and I would take long lunch breaks and walk down to our plot at the DU Bridge Community Garden for a change of scenery. Getting my hands dirty has always been therapeutic for me, and this past semester was no different.

After a long day of being stuck indoors, there was nothing like eating an heirloom tomato right off the vine. I’m a big advocate of urban gardening, and with a law degree, I hope to contribute much more to this “growing” (pun intended) movement. Even some of our founding fathers were farmer-lawyers!

Sloane loved Torts, but she was a little concerned when we learned about parental immunity. I assured her that neither her dad nor I would ever have reason to invoke this immunity. Despite her best efforts, she had a hard time staying awake in Civil Procedure.

And then reading days rolled around,

and I studied and studied and studied!

Sloane did her part—always willing to hold a page. (I’ve since had to invest in an actual book holder because these days, there isn’t a piece of paper that doesn’t go straight into her mouth. My dog didn’t eat my homework; my baby did!) Here we are reading up on venue for my Civil Procedure final.

Hours after my last final, we got bundled up and headed to the mountains to find a Christmas tree. It was the perfect ending to my first semester as a Colorado law student.

Last semester was quite a whirlwind, and Baby Sloane and I are very pleased to say we’re both still standing—well, I’m standing, she mostly just rolls at this point. People ask how we did it, and all I can attribute our success to is the support of an amazing partner, tremendously understanding classmates and professors, and the wonderfully supportive DU staff in Suite 115.

This second semester feels calmer already. Sloane and I have fallen into a solid rhythm, as have most of my classmates, and we’ve got a great lineup of classes: Property, Constitutional Law, Criminal Law and Lawyering Process. We don’t yet know what the summer has in store for us, but we’re both ready for the exciting new challenges ahead.

To follow my (our) adventure through law school, check out my ongoing blog posts on the Docket blog: dbadocket.org. D

By Ty Nagamatsu, a 1L at the University of Denver Sturm College of Law. Nagamatsu, a native New Englander, graduated in 2008 from Gordon College with a degree in political science. Before coming to Denver, she served with AmeriCorps for two years in Minnesota.

April 2014 I The Docket 29

14th Annual Denver Bar Association Community Action Network

Roll Out the Barrels Food Drive April 21–May 2

DBA YLD & CAN Barristers After Hours Kick-Off Party!

Thursday, April 17 I 5:30–7 p.m. I ChoLon, 1555 Blake St., Denver

Help Stock the Shelves for Metro CareRing!

Metro CareRing is the largest hunger-relief organization in Denver directly serving families.

Follow these simple steps: 1. Sign up today at dbacan.com.

2. Promote Roll Out the Barrels to your staff and colleagues.

3. Donate between April 21-May 2 in the following ways: • Give online using the donate button on dbacan.com.

• Send cash or checks (please make checks payable to Metro CareRing) to Kate Schuster at the Denver Bar Association, 1900 Grant St., Ste. 900, Denver, CO 80203.

• Request a barrel and fill it with food.

Top 10 Most Wanted Pantry Items: Hearty Soup (meat or vegetarian) • Canned Tuna • Canned Cooked Beans (pinto, black, refried) Peanut Butter • Canned Mixed Vegetables • Canned Fruit • Canned Tomatoes Whole Grain Pasta • Pasta Sauce • Whole Grain Brown Rice No glass or perishable items, please.

Metro CareRing will provide barrel drop-off and pickup.

Questions? Please email Kate Schuster at kschuster@cobar.org.

Litigation Section CBA Litigation Section is the 2014 sponsor of the statewide Roll Out the Barrels Food Drive.

30 The Docket I April 2014

www.MetroCareRing.org

Wellness Brief

Are You an April Fool? 20 Foods that Sound Healthy But May Not Be

by L orr aine D ’Ave rs a Editor’s note: Wellness Brief is a monthly column that will look at all aspects of health and living well, and offer tips on how to bring well-being into your daily life.

A

ll of us are familiar with Abraham Lincoln’s observation “You can fool some of the people all of the time, and all of the people some of the time, but you cannot fool all of the people all of the time.” When it comes to knowing which foods should be included into your daily diet and which foods should not be, what category do you fall into?

We’ve prepared a short quiz to help you better identify your nutrition knowledge! In the quiz, there are food items listed, and we’d like you to mark whether each one is considered “healthy” or “unhealthy,” along with your (brief)

reasoning as to why you believe that. A few examples include: coconut oil, fruit juices, energy bars and sugar-free salad dressing.

Download the quiz here and fill out your answers: bit.ly/1h26yaD. Then, email the PDF back to Lorraine at Lorraine@AttainYourVision.com.

The participant with the highest score will win a $25 gift certificate to Whole Foods. Next month, we will publish who the winner is, along with the supporting nutritional information that will make sure you are not an April Fool!

D Find Lorraine online at attainyourvision.com, or on Twitter: @LorraineDAversa, or YouTube: bitly/11leRDF. Email her at: Lorraine@AttainYourVision.com.

Common Food Myths — Busted!

Myth: Type 2 diabetes can be prevented by eating foods low on the glycemic index.

Why it is Busted: High levels of glucose are not what cause diabetes. The disease is caused by the body’s resistance to insulin. Foods high on the glycemic index can cause glucose levels to spike, but this is just an indicator of the presence of diabetes, not the root cause.

To find out more about Type 2 Diabetes watch Dr. John McDougall’s presentation to the American College of Lifestyle Medicine: youtube.com/watch?v=FWjIIcGds3U

Whole Food, Plant-Strong Recipe of the Month: Moroccan Stew

Offered by DeAnn Jungers, March’s Whole Food, Plant-Strong Recipe recipe winner!

Ingredients: • 2 cloves garlic, minced 2 cinnamon sticks • 1 large onion, diced 4 carrots, diced • 1 T olive oil 1 red pepper, diced • 1 can/box (28 ounces) chopped 1 bunch kale, chopped with stems tomatoes with juice removed • 1 C dried chickpeas 1 bunch parsley, chopped • 2 1/2 C vegetable broth 1/2 t salt • 2 t cumin Black pepper to taste • 2 t coriander Directions: Add the olive oil, onion, carrots, red pepper, garlic, spices, chick peas, tomatoes and juice, cinnamon sticks, and broth to a slow cooker. Cook on high for six hours. Twenty minutes before serving, when the cooker is just on the “warm” setting, add the kale. Just before serving, add parsley and season to taste with the salt and pepper. Remove the cinnamon sticks and serve over organic short grain brown rice.

Please send your favorite Whole Food, Plant-Strong Recipe to Lorraine D’Aversa at Lorraine@AttainYourVision.com. Each month, we will select one recipe to appear in The Docket. The winner will receive a $25 gift certificate to Whole Foods Market.

April 2014 I The Docket 31

CBA-CLE Calendar

April 2014

REGISTER ONLINE OR CALL TODAY!

April 3, 2014 How to Manage a Small Law Firm Submitted for 7 General CLE credits, including 1 ethics

LIVE EVENTS AND LIVE WEBCASTS

April 4, 2014 Probate Litigation Practicum: Trust & Estate Spring Update Submitted for 6 General CLE credits

April 16, 2014 Financial Institutions Subsection Luncheon Meeting Submitted for 1 General CLE credit

April 8, 2014 What's Market? It Depends On Who You Ask Submitted for 1 General CLE credit

April 17, 2014 Juvenile Law 2014 – Preserving and Defending Childhood: Working with Trauma Exposed Children and Families Across Juvenile Systems CLE credits to be determined

April 9, 2014 Oil and Gas Law Nuts and Bolts by the Experts Submitted for 8 General CLE credits, including 1 Ethics

April 24, 2014 Buying and Selling a Business Submitted for 7 General CLE credits, including 1 Ethics

April 11, 2014 Criminal Law Update CLE credits to be determined

April 25, 2014 Family Law Spring Update CLE credits to be determined

April 14, 2014 Solo Small Firm Practice Section Monthly Luncheon Submitted for 1 General CLE credit

April 30, 2014 2014 Business Document Drafting Series: Drafting LLC and Partnership Agreements Submitted for 2 General CLE credits

April 16, 2014 2014 Business Document Drafting Series: Boilerplate and Drafting Business Documents Submitted for 2 General CLE credits

YOUR NUMBER ONE RESOURCE FOR COLORADO LAW

LIVE EVENTS

LIVE WEBCASTS

April 3, 2014 Bankruptcy for Non-Bankruptcy Practitioners: Creditor and Debtor Counsel Perspectives Submitted for 4 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) April 4, 2014 Health Law Symposium 2014 Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

MP3 AUDIO HOMESUDIES

VIDEO-ON-DEMAND HOMESTUDIES

VIDEO REPLAYS April 17, 2014 Workers' Compensation: Spring Update 2014 Submitted for 6 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) April 24, 2014 Real Estate Spring Update: Quiet Title, Title Insurance and Other Complexities Submitted for 8 General CLE credits, including 1 ethics (video replay in Grand Junction, Colorado Springs, and Denver)

All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.

CBA CLE

1900 Grant St., Suite 300, Denver, CO 80203-4303

www.cobarcle.org 32 The Docket I April 2014

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

LITERARY LAWYERS

Read Colorado Literary Lawyers

Choose from a variety of history and thrillers—written by talented authors who just happen to be accomplished Colorado attorneys.

And check out these fun books that make great gifts for colleagues!

CBA Member Price

Allegiance, A Thriller $14.99 D.A. Diaries (Eichner Law Firm) $10.00 Diggers, Constables, and Bushrangers $25.95 The New Zealand Gold Rushes as a Frontier Experience, 1852-1876 (Avrooman-Apfelwald Press), 1st Ed. Enemy in Blue (Rogue Books), 1st Ed. $14.99 st In Broad Daylight, (CreateSpace), 1 Ed. $19.95 Lawyer Trap (Pegasus), 1st Ed. $14.95 My Sisters Made of Light (Press 53), 1st Ed. $20.00 st The Little Book of Basketball Law (ABA), 1 Ed. $16.95 st The Little Book of Boating Law (ABA), 1 Ed. $16.95 The Little Book of Elvis Law (ABA), 1st Ed. $16.95 The Little Book of Hunting and Fishing Law (ABA), 1st Ed. $16.95 The Little Book of Skiing Law (ABA), 1st Ed. $16.95 st $16.95 The Principled Politician (Fulcrum Publishing), 1 Ed. The Secret of a Long Journey (Floricanto Press), 1st Ed. $14.95

Non-member Price

$14.99 $10.00 $25.95

$14.99 $19.95 $14.95 $20.00 $19.95 $19.95 $19.95 $19.95 $19.95 $16.95 $14.95

Three Convenient Ways to Order: ONLINE AT: www.cobarcle.org CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 STOP BY: Our office and save on shipping!

April 2014 I The Docket 33

BRIEFS 2014–15 DBA Governance The Denver Bar Association Nominating Committee has prepared the following slate of nominees to hold office in 2014–15: President: John M. Vaught President-elect: Janet S. Drake First Vice President: Catherine A. Chan Second Vice President: Matthew S. Larson Trustees: Franz Hardy, Gillian M. Bidgood, and Gerald D. Pratt Board of Governors: Josh I. Berry, Olympia Z. Fay, Robin E. Hoogerhyde, Miro Kovacevic, Lisha R. McKinley, Trenton J. Ongert, Lino Lipinksy de Orlov, Cash K. Parker, J. Ryann Peyton, Daniel J. Sears, and Maureen R. Weiland.

Bylaw excerpts: 7-2-5 Any active, judiciary, or life member of the association may also be nominated for any office, except the office of president, by filing with the executive director a petition signed by at least 50 active, judiciary, life, or retired members of the association requesting placement on the election ballot and designating the office desired. Any such nominee for the office of second vice president must be 37 years of age or younger at the time he/she takes office. The form of such petition shall be made available by the Nominating Committee at the bar association office on or before April 10, and must be completed and received at the bar association office on or before 4 p.m., May 1.

7-2-6 If petitions for additional nominees are not received by May 1, the candidates nominated by the Nominating Committee are deemed elected and shall assume their respective offices as of the following July 1. If more than one person has been duly nominated for any office, an election by the members shall be conducted by the Nominating Committee for those contested offices.

How to Manage a Small Law Firm—Thursday, April 3 CBA-CLE and the CBA Solo Small

34 The Docket I April 2014

Firm Section have put together a program that gives you the tools to help you manage your law firm efficiently and become more profitable. The program is from 9 a.m. to 5 p.m. and is offered for seven general CLE credits including one ethics. Cost to attend is $179 for members, $149 for Solo Small Firm Section members and young lawyers. RSVP by calling 303-860-0608 or go to cobarcle. org.

Pro Bono Recognition Ceremony —Friday, April 4 Denver-area attorneys who have met or who are committed to reaching the Colorado Supreme Court’s pledge of providing 50 hours of pro bono legal services will be honored at 4 p.m. on Friday, April 4, at the Ralph L. Carr Colorado Judicial Center. A tour of the Judicial Center will be led at 3 p.m. and a reception will follow the ceremony at 5 p.m.

For more information or to report your firm’s pro bono commitment or achievement, contact Allison Altaras at allison. altaras@judicial.state.co.us or 720-6255443.

Bench and Bar Committee Roundtable on How to Become a Judge—Wednesday, April 16 The DBA Bench and Bar Committee is holding a roundtable at the Wynkoop Brewery regarding how to become a judge in the Denver district courts on Wednesday, April 16 from 4 to 7 p.m. Three general CLE credits have been applied for. Cost to attend is $10 for members and includes appetizers and one drink.

RSVP to lunches@cobar.org or 303-8601115 ext. 727.

Movie Night CLE: “Dazed and Confused”—Monday, April 21 DBA Young Lawyers will conduct a one-hour CLE related to new marijuana laws and regulations in Colorado led by Troy Rackham and Maureen (“Mo”) Weiland from Fennemore Craig. A showing of the movie “Dazed and Confused” will follow the presentation. The event starts at 5:30 p.m. with wine, beer, pizza and networking. Join the DBA Young Lawyers Division for a fun and informative

movie night at the DBA CLE offices, 1900 Grant St., third floor. One ethics CLE credit has been applied for. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

Bankruptcy: Basics, Nuances, and Red Flags for Beginners— Thursday, April 24 Join the DBA Young Lawyers for a one-hour program covering bankruptcy fundamentals for practitioners representing either the debtor or creditors.

The program also describes red flags for the young practitioner and common issues resulting in litigation within a bankruptcy case such as non-dischargeable debt and avoidance actions. David M. Little of Onsager Guyerson Fletcher Johnson will present the program. One general CLE credit applied for. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

15th Annual Roll Out the Barrels Food Drive— April 21 to May 2 Sign up your office by April 14 to help fight hunger and feed hope again this year. The food drive runs from April 21 to May 2 and benefits Metro CareRing, a nonprofit hunger relief organization that operates one of the largest food pantries in Denver. Please visit dbacan.com to sign up your firm. Questions?

Please email Kate Schuster at kschuster@ cobar.org.

Play Softball in the Lawyers’ League—it’s really a lot of fun The headline pretty much says it all.

Lawyers’ League softball is just plain fun.

You get out of the office on a Saturday morning and enjoy the beautiful outdoors. It’s co-ed. There are no umpires, so balls and strikes are not called, and it’s inexpensive. You don’t even have to be a lawyer—staff, family, friends, clients, and relative strangers are all welcome.

Games are Saturdays at 11 a.m. from June through early at August at Cranmer (Sundial) Park. Interested captains should contact Jack Tanner at jtanner@ fwlaw.com or 303-894-4495.

Legal

AFFAIRS

GOOD THINGS Moye White Partner Dean Richardson has been appointed to the board of the Mile High Business Alliance (MHBA).

Richardson MHBA also announced that the organization was honoring Moye White with an award in recognition of the firm’s support of MHBA’s mission to build a healthy economy.

The IAALS’ April dinner and awards ceremony will be held April 24 at the Ralph Carr Judicial Center.

Colorado Supreme Court Chief Justice Michael Bender will be recognized for his longtime support of the organizaBender tion.

Randy Feuerstein, a senior director at Dufford & Brown PC, has been appointed as Editorial Board Chair of the Colorado Association of Home Builders’ magazine, “Colorado Builder.”

Ballard Spahr associate Brittany A. Johnson has joined the board of directors of Freedom Service Dogs (FSD), which pairs highly trained assistance dogs with disabled clients, including veterans and active-duty service members.

The Catholic Lawyers Guild of Colorado presented its 2013 awards at its annual dinner in January. Pictured are, from left to right, Brian Bates (President in 2013), Ralph G. Torres (recipient of the Lifetime Achievement Award) and R. Livingston Keithley (recipient of the St. Thomas More Award).

Dufford & Brown is pleased to announce that associate, Silke Popp, recently was appointed to the Planning Commision for the City of Wheat Ridge,

District IV. Stephanie Osterman, an associate with B akerHostetler, was appointed to the position of Legal Advisor for Susan Osterman G. Komen Colorado. Osterman will attend the organization’s board meetings and will serve as outside General Counsel on a pro bono basis.

Rebecca Alexander, partner at BakerHostetler and the affiliate’s previous Legal Advisor.

CHANGES Steven Kaufmann, past chair of Morrison & Foerster global litigation practice, has rejoined the firm as partner resident in both Washington and Denver.

Kaufmann was managing partner of the firm’s Denver office before President Obama appointed him chief of staff at the Millennium Challenge Corporation. He has international litigation experience in financial services, telecommunications, energy, real estate, logistics and pharmaceuticals.

Gorrell Giles Gollata PC is pleased to announce that Paul Means has joined the firm as a shareholder and Kevin P. Giles has joined the firm as an associate, specializing in the areas of real estate, finance, banking, lending, business and agriculture.

Stinson Leonard Street LLP announced that Karen Samuels Jones has joined the firm as a partner in the firm’s Banking and Financial Services Samuels Jones Division.

Otis & Peters, LLC is pleased to announce that attorney Michael D. Stewart has joined the Stewart firm as of counsel.

Stewart’s practice with Otis & Peters, LLC focuses on all areas of real estate and business transactions.

McCune

Miller

Warren

BRICK & MORTAR DBA President Dan McCune, Kim Childs, Chris Miller, Steve Michalek and Julie Warren of the firm Kennedy C hilds are excited to announce the formation of their new firm, Childs McCune. Now located at 821 17th St., Ste. 500, the firm will continue to represent professionals and businesses in all aspects of their legal needs.

IN MEMORIAM Surrounded by family, beloved mother and grandmother, Jean Watson Laird died peacefully in her sleep. She was born to Frank R. and Louella Warson in Worland, Wyoming. Jean attended schools in Worland, taking special voice and piano instruction in Denver during her summers. She graduated from Stephends College in 1946 and attended the University of Wyoming until 1948.

While there, she was selected as the Miss Wyoming runner-up. She married Leroy Laird and together they had three children. They later divorced. She married former Colorado Bar Association Executive Director William Miller in 1975, and spent many happy years traveling and entertaining. She was a 50+ member of PEO. Jean’s family was the center of her life. She is remembered for her generosity, her wonderful meals, her sense on humor, her kindness, and her infinite patience.

If you are a Denver Bar attorney 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 Kate Schuster at kschuster@cobar.org by the 1st day of the month.

April 2014 I The Docket 35

A Seat at the Bar

Denver Public Schools Attendance Mediation Workshops Need Attorney Volunteers

I

n an effort to reduce district truancy rates, improve student academic achievement, and avoid filing truancy actions in Juvenile Court, Denver Public Schools piloted its Attendance Mediation Workshop (AMW) Program in 2008. Since its rollout to a few select schools, the AMW Program has continued to expand, and now, nearly 20 schools district-wide have participated in the program during the 2013–14 school year.

Each year, the district trains school teams—including school social workers, psychologists, principals, and assistant principals—to use highly effective restorative approaches to address attendance concerns. School teams, focusing on middle and high school students at risk of becoming disengaged from school due to attendance issues, invite students and their families to attend AMWs. The workshops are held after hours at school for the families’ convenience.

The schools partner with Denverarea volunteer attorneys, trained by the district, to provide families with an overview of Colorado’s compulsory school attendance law. Following the legal presentation, the school teams meet in restorative justice circles with students and families to discuss the harm caused by truancy, the reasons for student nonattendance, the individuals impacted by truancy, and potential solutions to remedy attendance issues. Families and school teams subsequently draft contracts, specifying steps that both families and schools agree to take in an effort to improve student attendance.

AMWs have proven to be a costeffective alternative to truancy court, as AMWs cost approximately $142 per student, while truancy court costs approximately $1,600 per student. In addition, during the 2012–13 school year, the rate of absenteeism for students who attended an AMW dropped on aver-

CBA and DBA YLD and WeeCycle Present:

Wee Give!

4thAnnual

March 20– April 30

age from 27% to 19%, and the average rate of unexcused absences dropped from 19% to 13%.

The district plans to continue developing the AMW Program and will need additional support from attorney volunteers as the program expands to more district schools. Most schools conduct approximately three to five workshops per year, and the attorney time commitment is approximately 30 to 45 minutes per workshop. In partnership with the Denver Bar Association, the district will be conducting training for interested attorneys at the start of the 2014–15 school year. Please contact Danielle Simpson, the District’s Staff Attorney responsible for the AMW Program, if you are interested in volunteering, and she will ensure that you receive the training information: Danielle_simpson@ dpsk12.org. D

Save the Date 2014 Henry Hall Memorial Golf Tournament

We are collecting new and gently-used baby gear for WeeCycle.

High-demand items include: Cribs (manufactured after 2011) Car seats • Strollers• Play yards Swings • High chairs• Breast pumps • Bouncy seats Baby-proofing items • Diapers

Want to volunteer?

Contact Arax Corn at araxcorn@yahoo.com for more information.

36 The Docket I April 2014

Monday, June 2 1:30 p.m. Shotgun Inverness Golf Club, Englewood For more information contact Alexa Drago at adrago@cobar.org.

Dates on the

DOCKET

DBA MEETINGS All DBA meetings are scheduled at 1900 Grant St., Suite 900, in Denver, unless otherwise noted.

Call Melissa Nicoletti, 303-824-5321, to schedule committee meetings so they will appear in this calendar.

Fit to Practice is a membership task force developed

by DBA President Dan McCune. The task force will focus on health and wellness activities for attorneys, as well as those seeking to further develop their career. This monthly calendar lists upcoming

FOR THE PUBLIC To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at 303-824-5303.

April 2

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m.

Call 303-295-9470.

April 1

April 10

April 9

April 15

Fit to Practice programs.

To register for any of the events call, 303-860-1115, Ext. 727.

April 3

April 17

April 4

April 18

April 10

April 24

April 11

April 25

Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, 303-824-5323 DBA YLD Council 6–7:30 p.m.

Call Heather Clark, 303-824-5350

The time for all spin classes is 7–8 a.m. Spin is located at The Gym Uptown, 1900 Grant St. Cost is $5.

The time for all yoga classes is from 7–8 a.m. at the DBA offices.

April 8

Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

April 9

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

April 15

Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.

DBA Board of Trustees 7:30–9 a.m.

Call Leah Achen, 303-824-5327.

Community Action Network Noon–1 p.m.

Call Kate Schuster, 303-824-5312.

Spin Class CANCELLED Spin Class Friday Yoga @ the Bar*

Spin Class Friday Yoga @ the Bar* Spin Class Friday Yoga @ the Bar*

* The instructor will be there beginning at 6:45 a.m. for those who want to begin earlier.

Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m.

Call 303-573-1302.

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m.

Call 720-944-2594.

Collections Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.

April 16

Pro Se Divorce Clinic 1437 Bannock St., Room 368 Noon–1:30 p.m.

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

April 17

April 23

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

April 30

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

April 2014 I The Docket 37

er

A Seat at the Bar

New Rovira Scholar: Philip H. Lietaer

Rovira

Lietaer

Before law school, I had no idea how the opportunity to work for low-income clients would completely change my perspective. I began to witness first-hand egregious disparities of wealth in our society, and the truly difficult situations so many find themselves in because they cannot afford legal help. Having had the privilege to assist many low-income clients, I have come to value any opportunity I can to use my legal knowledge and abilities to assist those in need.

—2013-14 Rovira Scholar Philip H. Lietaer MVL is pleased to announce the selection of its newest Rovira Scholar,

Philip H. Lietaer. Lietaer comes to the office with a diverse range of public interest experiences. His belief in equal justice for all has been consistently demonstrated through his work with multiple nonprofit organizations all across the country.

Originally from Canada, Lietaer is a 2012 graduate of Western New England University School of Law, and admitted to practice in Colorado. He has worked for Harvard Legal Aid Bureau, assisting victims of domestic violence in their family law cases; South Brooklyn Legal Services, assisting those with HIV with diverse legal issues; the Massachusetts Justice Project, which included representing low-income tenants facing eviction; and the Vail Center for Immigrant Rights in Los Angeles, where he provided legal assistance to those at risk of deportation. Upon graduation, Lietaer continued his work in immigration law at Goldstein & Lee, P.C. in Manhattan.

During his fellowship as the Rovira Scholar, Lietaer will work at the MVL

offices to carry out a variety of tasks, such as providing direct representation to clients who might not otherwise be assisted through other MVL programs and assisting with MVL’s mentoring collaborations. Lietaer will also focus on other special projects as needed, working with key members of the Colorado and Denver Bar Associations to promote access to justice. D The Rovira Scholar Fellowship was made possible by a generous gift from Lois Ann Rovira, in memory and honor of her husband, the late Honorable Colorado Supreme Court Chief Justice, Luis Rovira.

Anyone can contribute to the Rovira Scholar fund, at: givingfirst.org/Rovira, or by sending a check payable to The Denver Bar Foundation to: 1900 Grant St, 9th Floor, Denver, CO 80203. Inquiries about the Rovira Scholar Fellowship or Metro Volunteer Lawyers can be sent to: Dianne A. Van Voorhees, Executive Director, Metro Volunteer Lawyers at diannev@denbar.org.

Bar Resources The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years. Please visit cobar.org/watermanfund.htm for more information. The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO. Phone number is 303.824.5319 and fax is 303.861.5274.

Troubled by Rude and Unprofessional Attorneys?

The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, for guidance, tips, and strategies for dealing with opposing counsel.

James O’Connor: 303.799.9001

38 The Docket I April 2014

Steve McBride: 303.740.7422 Helen Shreves: 303.777.7833 Dave Steefel: 303.749.7208 Sponsored by the DBA Peer Professionalism Assistance Committee.

COLAP The Colorado Lawyer Assistance Program (COLAP) is a confidential, independent program established by the Colorado Supreme Court pursuant to Rule 254. COLAP’s mission is to assist judges, lawyers, and law students suffering from physical or mental disabilities or other impairments of the legal community. COLAP provides educationl programs (including ethics CLEs); assessmet and referrals; information about obtaining mentors and sponsors; assistance with interventions; formal and informal monitoring programs; and aftercare assistance and referrals.

For more information or for confidential assistance, please contact Barbara Ezyk, Executive Director, at 303.986.3345 (land line); 303.906.2940 (cell); 855.986.2126 (toll free). Visit out website at coloradolap.org.

DBA Placement Services Full-time, temp, time-to-hire, attorneys, secretaries, paralegals, receptionists, accounting, administrators, Office Services. Serving the Legal Community since 1986.

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DBA Happenings

DBA CBA YLD & CBA Litigation Section Happy Hour The DBA and CBA Young Lawyers Divisions and the CBA Litigation Section held a joint happy hour event at Wynkoop Brewery in Denver on Thursday, Feb. 20. Approximately 50 attendees enjoyed drinks, appetizers, and some competitive games of pool and shuffleboard, all while mixing and mingling. The purpose of the event was not only to provide attendees with a good time but to also help younger lawyers learn more about the Litigation Section from some of the more senior attorney members.

DBA Young Lawyers holds Barristers Afterhours the third Thursday of the month at various locations downtown. For more information, visit dbayounglawyers.org. Barristers Afterhours includes two free drinks and appetizers and is open to everyone.

1. Natalie Gray and Kristina Garica 2. Keith Lapuyade, Marianne LaBorde, James Gaspich, and Steven Schumacher 3. Joel Jacobson, Jason Eddington, and Randy Robinson 4. Emma Garrison, Ellen Trachman, and Christopher Mills 1.

2.

3.

4.

DBA YLD Movie Night CLE: “Intolerable Cruelty” DBA Young Lawyers Division held another installment of its CLE movie nights on Thursday, Feb. 13 at the CBA CLE offices. The movie, “Intolerable Cruelty” starring George Clooney and Catherine Zeta-Jones revolved around a divorce and prenuptial agreements. James Garts of Gutterman Griffiths PC lead off the evening with a one-hour discussion of the purposes and enforceability of marital agreements (aka prenuptial agreements) and the changes in the law scheduled to take effect July 2014. Attendees enjoyed some relaxing time with wine, beer, pizza and networking.

Look for more movie nights to come from the DBA Young Lawyers Division on their website dbayounglawyers.org.

James Rufus Garts III speaking to the attendees

April 2014 I The Docket 39

OVER 40 YEARS

OF LITIGATION EXPERIENCE

Areas of Expertise • Mediations and Arbitrations • Complex Business Transactions and Securities • Commercial Law Sheldon E. Friedman, Esq.

• Real Estate

Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

Hon. James S. Miller

Hon. John P. Leopold

Hon. Harlan R. Bockman

John E. Hayes, Esq.

Randall C. MustainWood, Esq.

Hon. William F. Downes

Collie E. Norman, Esq.

Richard P. Myers, Esq.

410 17 TH STREET, #1600 • DENVER, CO 80202 LOCAL: 303.534.1254 • TOLLFREE: 1.866.534.1254 www.jamsadr.com 40 The Docket I April 2014

THE RESOLUTION EXPERTS®