2018 August September

Official Magazine of the Denver Bar Association

Vol. 40.5 I Aug / Sept 2018

2 I Docket I August/September 2018

DOCKET 8

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New President Message

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New President Profile

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Goal Planning For Lawyers

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CO Pledge To Diversity

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

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LETTER FROM THE EDITOR

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BRIEFLY

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ALIGHT PROGRAM

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SIDE GIG: DAN CULHANE AND DISCOVERY GENIE

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MVL — MORE THAN JUST FAMILY LAW

GOOD ADVICE, BETTER ADVICE

24 HEROIN IN DENVER: A CASE STUDY 26 COLAP WELLNESS CORNER

Legal Affairs

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Picture This

Editor: Brendan Baker, bbaker@cobar.org Managing Editor: Jodi Jennings, jjennings@cobar.org Graphic Designer: Clair Smith, csmith@cobar.org Advertising: advertising@cobar.org Docket Committee: Ainsley E. Bochniak, Julie M. Borisov, Jerry R. Bowman, II, Scott H. Challinor, Craig C. Eley. David L. Erickson, Emma E. Garrison, James R. Garts, III, Peter E. Grandey, Ryan T. Jardine, Judith A. Keene, April H. Killcreas, Lauren Lockard, Kyle J. Martelon, Esq, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Paul F. Miller, Jr, Barbara J. Mueller, Kaitlin F. Nares, Heather O'Donnell, Gregory D. Rawlings, Sara C. Sharp, Marshall A. Snider, Daniel A. Sweetser, Erica N. Vargas, Anthony J. Viorst, Rachel L. Young

IN EVERY ISSUE 30

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.

2018–19 Co-chairs: Kaelyn Gustafson and Paul Miller 2018 – 19 DBA Officers: Mo Watson, President; Kevin Reynolds, President-Elect; Lino S Lipinsky De Oclov, First Vice President; Justin L Cohen, Second Vice President; Franz Hardy, Immediate Past President; Daniel A. Sweetser, Treasurer; Jillian Mullen, YLD Chair; Diversit y Bars; Surbhi Garg; Executive Director, Patrick Flaherty 2018 –19 Board of Trustees: Josh Berry, Klaralee Charlton, Emma Garrison, Ruchi Kapoor, Matthew Larson, J. Ryann Peyton, April D. Jones and Mario Trimble.

Write for the Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Brendan Baker at bbaker@cobar.org.

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

303-860-1115 • dbadocket.org

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Copyright 2018. The Docket (ISSN 1084-7820) is published six times a year by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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The end of the summer and the start of fall are bringing a lot of big changes to the Denver Bar. We have a new DBA President, Maureen “Mo” Watson, whose profile and first President’s Message are included in this issue. The new DBA Board of Trustees has been selected, and will be profiled in the next issue. There are some exciting new membership benefits in the works. And we are preparing to move offices to a great new location in a few months.

Transitional periods often carry a dual sense of opportunity and destabilization. This can be true for unexpected changes, be they positive or negative, as well as for more predictable events like long-anticipated organizational developments or even the progression of seasons. As creatures of habit, we tend to cling to the familiar. Change of any sort can be difficult, even when it is foreseeable and welcomed.

But change we each must, inevitably, as surely as the leaves turn in autumn. The question is whether we are to change like the leaves, in a flurry and a fall, or like the sturdy tree that bears them anew each year, steadily growing through all the seasons.

This issue of the Docket includes articles on how to more effectively pursue important personal and professional goals; on increasing the representation of different groups within the legal profession; and on providing assistance to underserved and overlooked individuals. Our hope, as always, is that you find this information interesting and of use, and that you know the DBA is here to serve.

Our goal is to help you handle the seasons of your life like a tree, not a leaf; to change, but to persist.

Sincerely, Brendan Baker bbaker@cobar.org

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August/September 2018 I Docket I 5

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BRIEFLY

Who wrote the song “Lawyers, Guns and Money”, in which the hapless narrator gets involved with a Russian spy waitress, runs afoul of a Cuban gambling operation, and ends up hiding out in Honduras, in desperate need of the aforementioned resources?

John Wooden was a basketball player and coach who lead UCLA to 10 NCAA national championships between 1948 and 1975, including a record 7-year winning streak.

OF NOTE

DID YOU KNOW?

Many attorneys will be familiar with the Legally Blonde series of movies starring Reese Witherspoon. In addition to Legally Blonde and Legally Blonde 2: Red, White & Blonde, there is also a successful Broadway musical and a directto-DVD spin off. Each of these is perennially popular, especially among law students and romantic comedy aficionados (two groups with surprisingly high overlap).

Less known is that the original film was an adaptation of a debut novel by Amanda Brown, a former Stanford Law student.

The book was optioned for film before publication, and many changes were made on its way from page to screen (such as switching the law school from Stanford in the book to Harvard in the movie). The novel is not widely available, but can be purchased from Amazon. It will be appealing to Legally Blonde completists, attorneys looking for creative inspiration, and anyone interested in the interplay between the literary and film adaptations of a story. MGM recently announced that a third feature film in the increasingly epic Legally Blonde saga, starring Witherspoon, will be released in 2020.

A group of owls is a “parliament”; a group of sharks is a “shiver”; a group of unicorns is a “blessing”; a group of lawyers is a “bar association.”

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A MESSAGE FROM DBA PRESIDENT MAUREEN “MO” WATSON

AN EXCITING YEAR FOR THE DBA H e l l o ! I h a ve t o admit, it is a bit surreal to be writing my first column as Denver Bar Association President.

I have dedicated a lot of time and energy to the DBA since entering practice, I am humbled to have the honor of serving as our 2018-2019 President.

For me, the DBA is more than just an association; it is my community. It is a hub of dedicated and hardworking staff with quality programing. It offers me a place to find substantive skills training and network with my peers. It is also the place I turn to find pro bono opportunities and volunteer within my community. At the DBA, I have found mentors, colleagues, substantive resources, referral sources, references and, most importantly, friends. The DBA is valuable to me because it has given me a place to feel connected. As I think about the year ahead, I hope to further grow the DBA into a place where you can have those experiences too.

In the coming year, with the work of our tremendous staff, we hope to help you see value in your DBA membership. I am particularly proud of the work the DBA is doing to provide new member benefits and programs. I hope to highlight some of these in my regular Docket columns. For example, we are developing new online community resources and taking a hard look at our programming to ensure it is impactful and relevant. Additionally, along with

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our surrounding county partners, we have grown a n d i m p rove d M e t ro Vo l u n t e e r L a w y e r s (“MVL”). MVL is always a great place to turn for pro bono opportunities a n d o t h e r i n i t i a t i ve s a i m e d a t p ro m o t i n g access to justice. We also have a big move on the horizon. This year the DBA (along with the CBA and CLE) will be moving into new space for the first time in over 20 years. The relocation will give us a fresh location and exciting technology upgrades. All of this signals a year of change, growth, and opportunity for the DBA. As a young lawyer (yes, I still technically meet that definition!) and an in-house attorney, I may be slightly different from the perception many people have of a “conventional” bar association member or leader. I think that is a good thing. To me, it reinforces much of what my predecessor, Franz Hardy, noted in his first letter last year: the DBA is your home, no matter your background, path, or current position.

Thank you for taking the time to read this message.

I look forward to meeting and connecting with more DBA members in the year ahead. If you have an idea, initiative, or interest you think the DBA can help with, please let me know. I want this organization to work for you, and I know the DBA is committed to exploring new, creative ways to do that. D

NEW DBA PRESIDENT PROFILE: MAUREEN “MO” WATSON

hen you meet Mo Watson, the first thing she will tell you about the Denver Bar Association is that she hopes you it will find the DBA to be the “natural community of support” that she has. Mo got to know the DBA right out law school when she engaged with the DBA Young Lawyers Division. After serving as chair of the DBA YLD, she became an active member on the DBA Strategic Planning Committee that has helped set a new direction for the DBA. She has also served as a DBA Board of Trustees member since 2015. In the coming year, Mo hopes that all of our Denver lawyers can start to “see the DBA as a place where they belong.”

Maureen, who became “Mo” through an active athletic career, was born in Michigan. After her family spent 10 years in Europe, she moved back to Michigan for high school and then attended Montana State University. Mo graduated summa cum laude with degrees in political science and philosophy and, following a brief stint in Washington, D.C., Mo came to Colorado to study at the University of Denver, Sturm College of Law. In law school, Mo won numerous academic and leadership awards, was senior editor of the DU Law Review, achieved a first place victory in the William C. Vic International Commercial Arbitration Moot in

Shanghai, China and graduated in the top 8% of her class. After graduating, she worked as an associate for Fennemore Craig, P.C., in Denver for several years, where she maintained a diverse civil litigation practice.

In 2016, Mo was hired as the General Counsel and Vice President of CQG, Inc., a large international financial software company headquartered in Denver. At CQG, Mo handles all corporate contract negotiations, oversees the company’s litigation matters, and manages CQG’s compliance efforts.

Serving as the first and only counsel for a large corporation brought a host of new experiences and challenges, and Mo credits this position with expanding her thinking about legal practice and the legal community.

Mo’s strong engagement with and commitment to the Bar means she has a deep understanding of the mission of the organization, its history, and its goals for the future. As the first in-house attorney to preside over the DBA, she brings a unique perspective to the organization that will help lead it to recognize growing diversity in the legal profession. As the youngest ever President of the DBA, Mo has unique insights into the new challenges facing those in practice today.

Mo understands that the legal profession continues to be in a period of enormous transition. She is focused on the question of how the DBA can work to preserve the most important values of legal practice — professionalism, high quality service, pro bono assistance — while delivering services to members in a landscape of rapidly shifting economic, technological, and demographic realities.

Outside of her governance roles with the DBA, Mo is active with Metro Volunteer Lawyers, is a regular volunteer at Colorado Legal Nights, among other pro bono organizations. Additionally, Mo is active in other community organizations and non-profit boards.

When not working, Mo enjoys skiing, travel, and spending time with her family. Her husband, Jon, is an attorney with Sherman & Howard; he and Mo met in their first DU law school class together, Torts with Professor Pepper. Their daughter, Avery, was born last December and she is quickly learning to share with her dog brother, Atticus. Mo is a former competitive alpine ski racer and remains an avid recreational skier.

The DBA is excited to welcome Mo Watson as our new president for 2018-19, and thrilled to introduce her to our membership. D August/September 2018 I Docket I 9

GOAL PLANNING FOR LAWYERS by sarah coleman

n law school, we are all taught the importance of a roadmap. Although we use this helpful tool in our writing, we often fail to apply it to our professional development. Goal planning is a useful exercise for lawyers, but how many of us actually take the time to put pen to paper and map out where we want to go?

Here are my thoughts on the importance of strategic visioning and suggestions to help you develop a goal plan that is individually tailored to your practice.

What does a goal plan do?

Goal planning is just what it sounds like — it is an exercise that helps you define and achieve goals in your professional life. To start this exercise, ask yourself: where am I? Next, ask yourself: where do I want to go? Finally, ask yourself: how am I going to get there?

I started a solo practice in fall 2017. One of the first things I did was to devote some time to making a goal 10 I Docket I August/September 2018

plan for 2018. Taking the time to think through where I was, where I wanted to be in a year, and how I wanted to make that happen was especially helpful in this time of transition and new beginning.

What are the benefits of goal planning?

The great thing about making a goal plan is that it is completely personalized to you. I work part-time from my home in a small town. My goals and plans to achieve them will look very different from those of someone who practices in Denver in a large firm and wants to make partner in the next year. A good plan will reflect and help you clarify your values, priorities, circumstances and desires.

A goal plan will tie together separate and more detailed plans. As part of your professional development, you may have made a financial plan or marketing plan. Both of these plans specifically target one aspect of your practice and provide detailed instructions or action items related to that area. These are supplements to a goal plan, not a replacement for

it. Achieving goals often requires planning on multiple fronts: a goal may have a financial component and rely on marketing to achieve it.

A goal plan also functions as an achievement marker. As you achieve the goals you've identified, mark them off and celebrate these milestones. At the end of the year, your goal plan is a measure of how far you’ve come and what you still need to work on. You might even schedule a quarterly or semiannual review.

As I write this, the first quarter of 2018 is coming to a close, and I have carved out some time to review my goal plan. I was very pleasantly surprised to see how many goals I was able to cross off and how many goals I made substantial progress towards in the first three months of the year.

How do I write a goal plan?

First, identify the areas of your professional life that you want to focus on in the next six months or a year.

I chose a few substantive practice areas that I wanted to develop. I also included a few related professional interests, such as coordinating with my local bar association and pro bono targets. For me, three to five broad areas was a good start.

Second, set goals within each area. I like the mnemonic S-M-A-R-T goals. This stands for Specific, Measurable, Achievable, Relevant and Timely goals.

Specific Be specific in your goal setting. For example, one of my goals is to “do one pro bono appeal through the Colorado Bar Association Pro Bono Appeals Program.”

By specifically identifying your goals, you can break them into their constituent components, appropriately measure progress towards achievement, and prioritize different goals.

Measurable When you review your goal plan at the end of the quarter or year, you should be able to measure whether you’ve achieved your goals. Here, it may be helpful to use quantitative, rather than qualitative, criteria. This might read, “brief and argue three cases before the Colorado Supreme Court or Court of Appeals” or “bring in 10 new clients.” At the end of the year, I can measure whether I have achieved that goal or can measure my progress towards reaching that goal.

Achievable Goals should be achievable. I like the bulk of my goals to be ones that are within my reach (or should

be based on the methods I’ve identified to achieve them) but are not necessarily already things that I am confident of achieving. They’re goals, after all. This isn’t a to-do list or a regurgitation of prior accomplishments.

I also like to include a few “stretch goals.” These are goals that I would like to achieve but might be a little far out of my grasp — for now. I like to use a range and set the upper end as my “stretch goal.”

For example, I might set a goal to mediate five to 12 disputes in the next year. At the upper end of the range, that’s one mediation a month. This might not be immediately feasible as I develop a new practice area, but it is not patently unattainable.

Relevant Focus your time and energy on relevant goals. I have many goals in my life, as broad as “travel more” and as specific as “learn how to knit.” Although those are great goals, they do not have much relevance in my professional life. It is certainly possible that a goal might touch on both your personal and professional life, such as “make more time to spend with the kids.”

That is fine, but keep your goals focused on things that are applicable to your law practice.

Timely Identify timely goals. I goal plan for a year at a time, and many of my goals can be achieved within that time. Some goals, particularly your “stretch goals,” may take longer to achieve. You should identify longterm goals, but break those goals into constituent parts that can be achieved on a shorter time scale.

Third, think about how you will achieve your goals.

I break this into three parts: resources, networking, and marketing.

Resources For each goal, identify what resources you need to achieve the goal. Are these resources something you already have or do you need to get them? Are there free resources out there or do you need to pay for them? For example, if your goal is to be certified or competent in a particular area, resources could include books, courses, or CLEs on the subject.

Networking Be sure to include networking in your methodology.

Essentially, this is “who do I know?” and “who do I want to know?” Identify the people in your life who can help you achieve your goals. Make a plan for how to connect with them, how to ask for their help, and August/September 2018 I Docket I 11

how to nurture that relationship. Look around and see who else you would like to bring into your network.

Are there experienced practitioners who can mentor you, act as a sounding board, or introduce you to others? Thankfully, I have found that lawyers are usually incredibly generous with their time and are happy to share their expertise and provide guidance to other lawyers.

Identify how you can make those connections and take advantage of existing programs. The Colorado Attorney Mentoring Program does a fabulous job of creating and fostering mentor-mentee relationships based on specific criteria, such as substantive areas or practice settings.

Marketing Finally, if relevant, consider your marketing efforts.

In your goal plan, broadly identify what marketing tools you will use to help achieve your goals. I have a detailed marketing plan that breaks down media platforms, content, and frequency. Keep this goal plan at a higher level, but answer who do I want to reach, how will I reach them and what do I want to say about myself.

Marketing can include traditional marketing, such

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as radio/print/social media ads. But keep in mind that part of marketing is establishing yourself as an authority on an issue, so write blog posts, an article for a bar association, or give CLE presentations.

Finally, prioritize your goals. I go with: high, medium, and low. This helps ensure that you aren’t investing time and energy into activities you don’t actually care about or that yield a low return on investment.

Below is a simple template that you can use or adapt in your own goal planning exercise.

In my own practice, I have found goal planning to be a very powerful tool for accountability, taking specific steps towards goals, and ultimately, achieving those goals. D Sarah Coleman is the owner of Coleman Law, which provides litigation s u p p o r t a n d l e g a l re s e a rc h a n d writing services to Colorado lawyers on a contract or freelance basis. She can be reached at sarah@colemanlaw.org or www. colemanlaw.org.

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ALIGHT EXPANDS TECH PROGRAM TO MOBILIZE COLORADO LAWYERS TO FIGHT FOR THE RIGHTS OF SURVIVORS OF HUMAN TRAFFICKING by adrienne fischer

LIGHT (Alliance to Lead Impact in Global Human Trafficking) is a Colorado-based nonprofit that exists to unlock a fresh start for survivors of human trafficking. It surprises many people to learn that human trafficking exists in our backyard. According to the 2017 Colorado Human Trafficking Council Report, human trafficking is a reality in Colorado and its victims face numerous obstacles — including legal obstacles — to breaking free from their abusers.

Marianna Kosharovsky, Founder and Executive Director of ALIGHT, says the good news is that lawyers can help.

ALIGHT uses technology to connect survivors of human trafficking to a mobilized legal network.

Whether it is to continue to profit from sex or labor trafficking, the traffickers often use various means to coerce, intimidate and keep their victims dependent on them. Abusing the legal system (such as pursuing custody of children or filing defamation suits against victims and their families), forcing their victims to commit crimes (such as theft, selling drugs and prostitution), financial abuse (such as identity theft) and generally misleading their victims about their rights (or 14 I Docket I August/September 2018

ability to enforce their rights, such as claiming that no one will believe them) are very common — and effective — tools of power and control.

“In the face of these legal abuses, the legal community has a vital role to play with supporting trafficking survivors and that is why we are building an army of pro bono lawyers,” says Kosharovsky. As one survivor shared, after being forced into commercial sexual exploitation for years, she accumulated prostitution records in multiple jurisdictions. These charges continued to plague her for years even after she had escaped the situation. In addition to struggling with the initial trauma of the abuse, being forced to navigate the legal system with its complex and burdensome requirements added additional challenges to the process of moving forward with her life. Through the ALIGHT program, she connected to a lawyer who used his criminal defense expertise to seal her criminal record in Colorado. Beyond meeting the immediate need, the support from a professional who cared also demonstrated that there is hope for reclaiming the future even after such a hard past. By employing a

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GOOD ADVICE, BETTER ADVICE: RETHINK HOW YOU USE AUTHORITY by michael a. blasie

riefs are too long. Some cases warrant lengthy briefing. Most do not. Shorter briefs are about more than judicial preference. Brevity strengthens your writing, clarifies your points, and pleases your audience.

A rarely addressed problem is citing too much authority. When proofreading, many attorneys check a citation’s format and confirm it supports a proposition.

But few assess whether to cut the citation or replace it with a better one.

Citations are about judgment. Consider these points.

String Citations Are Not a Problem; They Are a Symptom of a Problem Nearly every legal writing CLE has a PowerPoint slide dedicated to the irredeemable brutality of string citations. Usually the presenter provides an exaggerated illustration like this: Parties cannot waive the defense of lack of subject matter jurisdiction. Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006); Wisconsin Dep't of Corrections v.

Schacht, 524 U.S. 381, 382 (1998); Lightfoot v. U.S., 564 F.3d 625, 627 (3d Cir. 2009); American Fiber & Finishing, Inc. v. Tyco Healthcare Group, LP, 362 F.3d 136, 138 (1st Cir. 2004); Gardner v. U.S., 211 F.3d 16 I Docket I August/September 2018

1305, 1310 (D.C. Cir. 2000); Douglas v. E.G. Baldwin & Associates, Inc., 150 F.3d 604, 608 (6th Cir. 1998); Harris v. U.S., 149 F.3d 1304, 1308 (11th Cir. 1998); Chernin v. U.S., 149 F.3d 805, 812-13 (8th Cir. 1998).

Then the presenter condemns string citations for two to three minutes, with a verbal footnote that they are acceptable in rare circumstances like to survey multiple jurisdictions or to show a trend (or consistency) over time.

This advice is not wrong, but it can lead to wrong conclusions.

Astute attorneys hear the advice, return to the office, and dutifully apply it. They scan briefs for precisely what the presenter mentioned: a paragraph with a single sentence followed by a horde of citations spanning multiple lines. If they find a string citation, they cut it down or determine an exception applies. If they find no string citation, hurray! Either way, in the end the attorneys feel confident that the number of citations used to support all the propositions is fine because there are no unhelpful string citations. This conclusion is a problem.

Worse, that conclusion misunderstands the problem. The CLE advice frames the problem as string citations. But the absence of unhelpful string citations only means there are no unhelpful string citations. It

does not mean the number of citations is acceptable.

The real problem is that attorneys cite too much authority. Whether that authority appears in a string citation is irrelevant. After all, when does a series of citations become a string citation? After two? Three?

Four? Do you restart the count after a new signal word? I do not know and I do not care because it does not matter. You must justify every citation, whether solitary or in a series.

Cutting one string citation from a brief fixes one spot and shortens your brief by a handful of lines.

But editing all of your citations improves dozens of sections and can shed pages.

Less is More: Choose the Appropriate Type and Number of Authority Shed your collegiate habits. Briefs are not a way to show how much research you did, or how smart you are. I that understand the hours you spent researching the intricacies of replevin were tiring and frustrating, and how few people have the command of replevin you now possess. And I understand that this hard won mastery of replevin should go towards something. But not your brief.

Your brief has one goal: persuade your audience. If a citation does not help this goal, cut it. Have a reason for every citation you include. Tie that reason to how the citation persuades your audience.

Not using every citation is counter intuitive. If you have the space you want to use every arrow in your quiver. But too much authority weakens a brief.

Citations add length which means more time for your audience to lose focus and patience. You may lose credibility as your audience wonders why the brief is citing unnecessary authority. Too much authority also drowns substance in waves of citations.

Consider a few examples.

Example 1: A party must file an action for negligence within two years after the cause of action accrues. Section 13-80-102(1)(a), C.R.S. 2017; Colburn v. Kopit, 59 P.3d 295, 296 (Colo. App. 2002).

One proposition, two citations. Why cite two sources? Both are direct citations, meaning there is no signal (e.g. “see also”). The absence of a signal tells the reader the citations directly support the entire proposition. If they both support the entire proposition, you do not need two sources.

Choose one. If the General Assembly chooses a statute of limitations, it codifies this selection in statutes. These statutes bind courts. Here, the statute is clear. When Colburn states the statute of limitations, it is paraphrasing but not interpreting the statute. So the case adds nothing you do not get from the statute.

The statute is the strongest authority. It is clear. Cut the case cite.

Example 2: Courts dismiss negligence claims raised after the two-year statute of limitations expires. Section 1380-102(1)(a), C.R.S. 2017; Colburn v. Kopit, 59 P.3d 295, 296 (Colo. App. 2002).

Again one proposition, two citations. But the proposition is different. It speaks about the remedy courts apply to a tardy claim. The statute does not discuss (although perhaps it implies) the remedy. The case cites the statute, states the statute of limitations, and shows the remedy. It covers all the propositions you need.

Whether to also cite the statute is a judgment call. Although the case is probably sufficient, the statutory citation may help if a court wants to check for amendments or ensure Colburn correctly interprets the statute. This is a strategic decision and may depend on what your opponent contests.

Example 3: A plaintiff may only succeed on a claim of denial of procedural due process if a state government injured or revoked a constitutionally protected property interest without proper procedural p ro t e c t i o n s . U . S . C o n s t . a m e n d . X I V, § 1 ; Schanzenbach v. Town of La Barge, 706 F.3d 1277, 1283-84 (10th Cir. 2013).

O n l y t h e c a s e c i t at i o n i s n e ce ss a r y. Th e constitutional citation adds nothing. Case law, not the Constitution, establishes the contours of procedural due process. Unless your argument hinges on a textual analysis of the Due Process Clause (unlikely), there is no need to cite the clause.

Example 4: The Due Process Clause prohibits state governments from depriving any person of life, liberty, or property without due process. U.S. Const. amend. XIV, §1. See also Schanzenbach v. Town of August/September 2018 I Docket I 17

La Barge, 706 F.3d 1277, 1283-84 (10th Cir. 2013).

The citation to the Fourteenth Amendment without any signal tells the reader the Amendment directly states the proposition. The use of “see also” tells the reader the case supports the proposition, but does not directly state it. But a reader cannot tell why the case citation exists. It might add something; it might not. If you have a direct citation followed by a signal word with more authority, you will usually need to state why you included that new authority. Here, either add a parenthetical or cut the case citation.

Example 5: A complaint must state with particularity the circumstances of a fraud. F.R.C.P. 9(b). Courts dismiss claims that fail to meet this heightened pleading standard. See, e.g., Rodriguez v. Bar-S Food Co., 539 F. Supp. 710, 720 (D. Colo. 1982). This requirement protects defendants’ reputations and puts them on notice so they can form a defense.

Tatten v. Bank of Am. Corp., 912 F. Supp. 2d 1032, 1041 (D. Colo. 2012). Conclusory allegations are insufficient; the complaint must allege the time, place, and contents of the false representation.

Conrad v. The Educ. Res. Inst., 652 F. Supp. 2d 1172, 1182-83 (D. Colo. 2009). The failure to identify the party who made the false statements requires dismissal. Id. Five citations from four sources. This paragraph explains the general law on pleading fraud. A trial court is probably already familiar with these propositions and does not need a full backstory. Even so, surely one case supports all of these propositions. Do not cite five different sources when one suffices.

Showing several courts have dismissed complaints that plead fraud adds little. After all, what if the other side could cite more cases where courts did not dismiss such complaints? This is a fact-specific analysis. What matters is how the law applies to the complaint in your case. If the complaint’s allegations are close to a case you found, great. If not, more cases will not make a difference.

The ideal authority is one case that supports all these propositions and dismisses a complaint with the most analogous allegations to your case. Next best is one case that supports all these propositions and dismisses a complaint for the reason you advocate (e.g. not identifying who made the false statements) even though the allegations are very different.

18 I Docket I August/September 2018

Meaningfully Choose Your Authority If the answer to “Why is this citation here?” is “Because it supports the proposition” then you have not thought it through. This answer explains why you have a citation (as opposed to no citation). But it does not answer why you included this citation. Consider the same question rephrased: of the universe of all authority that supports the proposition, why have you chosen this one?

Step 1: Choose the Appropriate Type of Authority.

Often multiple authorities lend support: constitutions, statutes, regulations, case law, legislative history, treatises, dictionaries, articles, etc. Have a reason why you chose one type of authority over another. Why cite a statute and not a case? Why a case and not a treatise?

Step 2: Choose the Appropriate Source. Once you decide on the type of authority, choose a particular source. For example, after you decide to cite case law you must decide which case to cite. Why cite this case instead of that case when both support the proposition? Potential answers include: • It is the most recent high court decision that makes it the most authoritative case law on point.

• It is the seminal case that all the other cases cite.

• We rely heavily on this case later in the brief so it will make the court’s life easier by having fewer cases to examine.

No one answer is better than the other and this list is not exhaustive. Attorneys may differ. Bottom line: have a reason for everything you do.

Conclusion Citations are necessary and clunky. They can be powerful and detracting. Think carefully about them.

Use them intentionally and thoughtfully. D

Michael Blasie is a Staff Counsel at Wheeler Trigg O’Donnell LLP who authors the brief writing chapter of the Colorado Appellate Law and Practice treatise. He graduated from NYU Law School and clerked for Judge David Richman of the Colorado Court of Appeals. He also serves as a volunteer firefighter for the City of Golden.

an

Culhane is a Denver lawyer who took a problem every litigator faces and turned it into a company that converts and produces emails and attachments in discovery. A Denver native who graduated from East High School in 1985, Dan went to Stanford for undergrad (B.A. Classics) and law school. He practiced for three years in Washington, D.C., before returning to Denver. Dan practiced at Otten, Johnson for three years, then was in-house with US WEST and Qwest

for six years before starting his own solo practice, including civil litigation.

In 2014, Dan’s firm had a modest arbitration involving 10,000 pages of production, which mostly consisted of emails and attachments. Dan and his coworkers manually produced these documents in discovery by printing the emails and attachments, printing Avery labels with Bates numbers, and producing a privilege log by hand in Excel. While looking for ways to make this laborious process more

August/September 2018 I Docket I 19

efficient, Dan realized there were no tools available to produce emails cheaply and quickly in a litigation setting. Thus was planted the seed that eventually grew into Discovery Genie, an online, automated tool for efficient discovery production.

In 2017, Dan Culhane partnered with his son, Theo Culhane, who wrote the core code to convert emails and attachments to PDF, add Bates numbers, and create logs of all emails and attachments from metadata (to, from, cc, date, subject for emails, file name, and last date opened for attachments and electronic files).

They filed for a patent on this technology in August, 2017. The next month, the company added software development staff and began converting the desktop prototype into a full-fledged web application.

Discovery Genie is now up and running and available to anyone with web access. Here’s how it works: To produce emails, the users just export a mailbox file to be produced into .pst (Microsoft Outlook format) or .mbox (generic file type used by virtually every other email client, including webbased email like Gmail). They then drag and drop their email file to upload it into Discovery Genie, and Discovery Genie organizes the materials for review and production. Users can also upload a folder of electronic files like Word, Excel, PowerPoint, PDF, and other documents.

After Discovery Genie receives an upload, it organizes the documents for a privilege/relevance review, if necessary. Discovery Genie runs an algorithm to predict whether an email will be privileged, based on the email addresses in the to, from, cc and bcc fields. For example, if the email is solely between an attorney and a client, Discovery Genie will predict that the email will be very likely privileged. If an adverse

20 I Docket I August/September 2018

party is a sender or recipient, Discovery Genie predicts the email will be very likely produced. Users can then quickly review emails and attachments by pulling up an image of the email or attachment, and checking a box to confirm whether the record is privileged, produced, or irrelevant. The document review module also allows a user to mark any selected record as a “key document,” mark a document for redaction, add a custom stamp to the produced document (such as a “Confidential” stamp if there is a protective order), and add notes regarding any record, which will appear in the log.

When the review is complete, Discovery Genie finalizes the job for production with the click of a button, and sends an email when the materials are ready to download. The system makes it fast, cheap, and almost effortless to produce emails and electronic documents. Users simply pay by the job, with no subscription fees or other charges. The program also includes a feature to invite clients to upload emails or documents directly into the system — and then notifies the user when the client’s materials are ready for review.

Dan believes that Discovery Genie is ideal for small firms or small- to medium-sized cases, but during beta testing the system also proved its effectiveness on larger matters. In one project for a large Denver firm, the application processed 360,000 pages of emails and attachments for an institutional client. If the program catches on, it could change the way legal practitioners all over the country conduct discovery — which, of course, would be just fine with Dan. His next steps for the new company include working closely with Denver lawyers to fine-tune the platform while providing direct, personal support. Then the team will scale up the infrastructure to ensure robust performance with hundreds of simultaneous users, while marketing to lawyers throughout the United States. D Discovery Genie can be found online at https://www.discoverygenie.com.

Dan Culhane is the founder of Discovery Genie. He can be reached at Dan@ DiscoveryGenie.com, or 303872-2410.

Metro Volunteer Lawyers (MVL)

is known for all the work it does helping low-income clients in the realm of Family Law. In fact, MVL has two separate clinics specifically for family law. MVL runs the Family Law Court Program, helping clients complete uncontested cases, and the Post Decree Clinic, helping clients with issues that arise after their dissolution of marriage or the allocation of parental re s p o n s i b i l i t i e s c a s e.

However, these services are only a part of what MVL offers the Denver M e t ro co m m u n i t y.

MVL helps people with a wide range of civil legal issues that include: probate, consumer, bankruptcy, social security, housing, mediation services, and more.

For example, imagine you are an aging senior citizen with little to no income. Fortunately, you live in a facility that provides rent assistance because you can barely afford basic needs as it is.

Now, suppose something happened to you and you could no longer communicate with your doctors.

Your bank. Your family. Perhaps it was a car accident, a stroke, or any number of things that could have caused the impairment. Perhaps you are starting to have trouble understanding what is going on around you and you fear it is getting worse. Certainly advance planning documents like a medical power of attorney or a financial power of attorney would be helpful to prevent your loved ones from going through a costly

and slow court process. However, no one is able to explain these documents to you. You cannot get an attorney to help because you cannot afford one and, even if you could, you lack the ability to travel to the attorney. So what are you to do?

Thankfully, MVL serves lowincome elderly clients in this exact situation through its mobile Power of Attorney (POA) Clinic. This clinic is our most mobile clinic because we bring our services to the clients by operating the clinic at a host site like a senior living facility or senior community.

MVL screens and s e l e c t s a h o st s i te based on the need for services as well as the location of the site, income of the community, and age of the community. Going to a different site each month allows us to serve clients who often have transportation issues.

MVL’s POA clinic is completed in two parts. The first part is a presentation given either by MVL staff or by a volunteer attorney who is gracious enough to give time to this cause. The presentation educates seniors about documents that they may not even know exist, like a POA or a living will. The clients are then scheduled to come back about a week later when MVL returns with a group of volunteer attorneys to complete the documents.

Volunteer attorneys sit with the clients oneAugust/September 2018 I Docket I 21

on-one and help them complete various advance planning documents, including: medical power of attorney, financial power of attorney, living will, and declaration of disposition of last remains. The client leaves the clinic with signed, witnessed, and notarized documents. The client also leaves with peace of mind, and that is only possible because of our wonderful volunteers.

The POA clinic sees a lot of regular volunteers who form the foundation of the clinic and the clinic would not be possible without their contributions. We have seen volunteers who are new to the clinic, but are becoming consistent volunteers. The clients assisted through the clinic appreciate these volunteers because the clients receive help through a process that can be difficult to complete alone. MVL appreciates these volunteers because it allows us to have successful clinics on a regular basis and serve the community.

This clinic now has the opportunity to better serve the elderly community because of a recent grant given to MVL by Kim Allegretti. Since 2014, MVL has tried to have the clinic once a month in downtown Denver, but MVL serves the entire Denver-Metro Area. Thanks to this grant, MVL is expanding this clinic into the surrounding counties of Adams, Arapahoe, Jefferson, and Douglas. MVL is also looking to increase the frequency of these clinics. The expansion began in March of 2018 with a pilot project in Arapahoe County and has since expanded it into Jefferson County.

Since the pilot project began, MVL hosts clinics twice a month, once in Denver and once in a surrounding county. These clinics are successful because of a new group of volunteer attorneys, but more volunteers are needed if the POA clinic is to succeed long-term in the surrounding counties.

MVL serves two communities: (1) low-income clients in need of legal assistance, and (2) members of the legal community. MVL serves the clients by providing them with access to justice and assistance with their legal issues. MVL serves the legal community by providing opportunities to volunteer and give back to the community. As attorneys we are in a unique position to contribute a service to the community that others cannot provide. Following C.R.C.P Rule 6.1, every lawyer has a professional responsibility to provide legal services to those unable to pay. The Colorado Supreme Court encourages lawyers and firms to render at least fifty hours of pro bono public 22 I Docket I August/September 2018

legal services each year. MVL runs clinics and connects

back and meet this aspiration.

MVL offers many different ways to volunteer, from micro-volunteer opportunities to full case referrals. The POA clinic, like our other clinics, is a micro-volunteer opportunity because the time commitment is only a few hours for each clinic.

The Denver Indian Center Clinic is a walk-in clinic conducted in the evening that gives attorneys who are unavailable during the day an opportunity to volunteer. The Post Decree Clinic provides the opportunity to consult with a client one-on-one about family law issues that arise after permanent orders were entered. The Family Law Court Program is a clinic where volunteers help clients complete paperwork to get the process started on their family law case, and later represent them for their permanent orders hearing only. All of our clinics provide attorneys the opportunity to provide a client with limited representation and unbundled services.

MVL also connects attorneys with clients for full case referrals in a wide variety of civil legal fields.

attorneys with referral cases to help attorneys give

There are many great causes and volunteer oportunities out there. I encourage you to find one that fits your desires. MVL as an organization exists to provide attorneys with a plethora of opportunities to choose from. MVL is a safe way to volunteer because MVL staff is present at all its clinics for support, and if you volunteer through MVL you are covered under MVL’s malpractice insurance. D If you are interested in volunteering or you want to learn more about our clinics visit our website at denbar.org/mvl.

Anthony Pereira is currently Allegretti Grant Attorney for Metro Volunteer Lawyers (MVL). He attended law school at American University Washington College of Law in Washington DC. After moving to Denver, Pereira began as an intern for MVL, and then became the Rovira Scholar in September 2017. His work at MVL includes helping low income clients with family law matters and managing the expansion of the Power of Attorney Clinic.

August/September 2018 I Docket I 23

HEROIN IN DENVER: A CASE STUDY by greg rawlings

hen she called me she was seven months pregnant and six months off heroin.

I'd defended her in cases before, but this time it was more serious; she'd been caught with junk in her bra when attempting to visit her boyfriend, who was in jail. She looked hale and hearty when we met to plan what to do. I'd also been her boyfriend's lawyer but he was in too deep for me to help him by this time. I could, however, I hoped, help

24 I Docket I August/September 2018

her.

It was a period when I'd had way too many addicts for clients, mainly opiates users. I saw junkies every day out the window of my apartment and wondered if they were getting help, if they even wanted help.

Skinny kids in hoodies, chain-smoking, shooting up in broad daylight along Speer Boulevard, or in Civic Center park. The needle drop was in the parking lot of the King Soopers on 13th and Speer. I just wished more of the kids would use it, rather than strewing their used needles along the bike path by the creek. But

it's obviously not just kids. I watched out my window one sunny afternoon when a guy who looked to be in his late-40s rolled up in a wheelchair to the triangle where 9th Avenue, Speer Boulevard and Bannock come together. He sat there on the side walk until two kids walked up and spoke with him. Then one kid cooked the heroin behind a utility box and the other tied off the guy. They shot him up, just before a squad car rolled slowly by. The cop kept going, the kids booked it to Sunken Gardens and the guy in the wheelchair eventually rolled north up Speer.

I remembered the last time heroin really hit Denver, in the early-to-mid 1990s. I'd walk my dog and my daughter around Cap Hill and notice that crack vials were slowing being replaced in the gutters with used

follow. He'd done federal time and state time and come out wiser but not wise enough. I'd tried to arrange a meeting before he got busted, and then she got busted, but he was too paranoid to even park the car and come up to the meeting. She'd obviously been chasing the dragon and wasn't in good shape herself.

She smelled like death, to put it mildly. My Russian guy Roman had set up the meeting, mainly to try to help her, since he knew her family. She'd already lost a daughter in a custody battle and felt like the whole world was against her. She couldn't hold a job and she couldn't kick the heroin, and the two go together all too often. She was in a dark place.

However, she was young and strong and I had faith in her, even if she didn't have much in herself. Roman

I D I D N ' T WA N T T O L O S E THIS ONE . NOT THIS TIME . syringes. Thank you, Kurt Cobain. The Alfafa's on Ogden and 11th did good business in the late mornings selling wheat grass to users whose systems were backed up. I heard one guy ask the man behind the coffee bar what wheat grass tasted like. The worker looked the guy up and down and said, "Grass. It tastes like what it is. Like grass." The awkward inquisitor shrugged and gave it a try. I sipped my espresso and took it all in. That seems so long ago, but the users today look just like the users of the 90s, except that now they all have cell phones.

Last I heard the cartel guys on the West Side were sending the black tar in to apartments on Cap Hill, to avoid noticeable street-side hand-to-hand transactions.

There is rumored to be a guy with a complicated electronics system that detects wires who lets the delivery boys in to meet people at his place. He gets free dope and nobody is the wiser. You don't want to cross the cartel guys. They are well armed and short tempered.

My pregnant client's guy wasn't a cartel guy, just a ghost on the streets, a kid from a solid family, but also a kid with serious baggage. Meth shooter, heroin and meth dealer, smooth talking, well-dressed usually.

Then he got hooked on the tar, and she was soon to

agreed that it was worth the effort but it wasn't until she got busted at the jail that she started taking it seriously. She finally met a decent guy in rehab, one who was also willing to put in the work to get straight.

Her probation officer was wonderful and worked hard to keep her safe and clean. I'd show up in court for her reviews and she seemed healthier every time she showed up. Then, after many delays (fines to pay, meetings to attend, a pregnancy to handle), she was released from supervision. I'm happy to say that the baby is beautiful and well-loved. She and the new guy have bought a house out of town and I'm glad she's on the up and up. I've lost a number of clients over the years to guns, drugs, booze, and chronic cluelessness. I didn't want to lose this one. Not this time. D G re g R aw l i n g s h a s p ra c t i ce d criminal law in Denver since 1993 and written for the Docket since 1994. He spends his spare time painting, biking, hiking and writing.

August/September 2018 I Docket I 25

COLAP WELLNESS CORNER

ADRIAN'S TIPS FOR A PHENOMENAL PRESENTATION by adrian romero

or attorneys, presentation and publicspeaking skills are more important than ever. In an age of shorter attention spans, dazzling 3-D PowerPoint presentations, and less human-to-human interaction, public speaking has become more challenging. A new era of learning has emerged, and audiences are expecting smaller bits of critical information to suit their fast-paced learning behaviors. So, what’s a presenter to do? The fundamentals of public speaking still apply to a successful presentation, with a few modifications.

I n my u n i q u e p o s i t i o n o f re co rd i n g C L E presentations at Colorado Bar Association CLE, I have watched over 7,000 legal education presentations in a variety of areas of law and have observed the evolution of the use of technology in teaching and education. Videos and more engaging tools are now more commonly integrated into visual presentations.

The infamous PowerPoint has become a better tool for storytellers than the overhead projector, but the principles remain the same.

Today, the art of storytelling has not disappeared, it is just delivered and absorbed in a variety of 26 I Docket I August/September 2018

different formats. Despite modern technological advances in communication and new ways of learning, the old standards and fundamentals still apply. I always recommend a good regimen of preparation before a presentation, such as, practicing in front of a mirror, finding the weak spots in your material, and fixing tech problems ahead of time. Doing your homework will make you confident and less nervous about presenting.

Through my experience, I have put together five tips for a good modern-day presentation.

TIP 1. PASSION & CREATIVITY • Be passionate about the topic you are going to present; • Engage with your audience and make it memorable. You can use smart phones to interact iwth your audience in the classroom by having them answer simple A-, B-, C-style questions via text messaging.

• Be creative Consider having some small takehome prizes to hand out to members of the audience who willingly answered questions publicly.

TIP 2. VIDEO AND VISUAL AIDS • Use clips that will provoke conversations. I can’t tell you how many times I’ve seen clips of My Cousin Vinny in the CLE classroom, but it does add a lot of value to some presentations.

Presenters have used videos of depositions, interviews, mediation videos, training and teaching videos, and news videos — each video with the purpose of educating the audience.

And with the endless supply of videos on the internet, the possibilities are truly endless.

• Choose wisely and keep in mind not everyone likes My Cousin Vinny video clips. This is very useful tool, however, to spark conversation!

TIP 3. POWERPOINT AND KEYNOTE • Keynote is the Apple version of Microsoft PowerPoint.

• Prezi presentations is an online version of PowerPoint and Keynote that is hosted on the cloud.

• When using these tools, learn everything you can about them. Make sure you know your PowerPoint presentation and have reviewed it carefully, especially if you were not the creator.

• I t i s t h e p re s e n te r ’s re s p o n s i b i l i t y to understand transitions, font sizes, how to embed videos, and, most importantly, how to use the “B” key in PowerPoint. There are virtually thousands of videos on how to use PowerPoint online. Investing some time in exploring and learning how to use these tools will help you build your confidence and make you look like a pro. If you don’t know how to insert a video into PowerPoint, Google it!

TIP 4. EMBRACE TECHNOLOGY • Don’t fear technology! We fear what we don’t know. You must be the opposite when it comes to your presentation. Explore how these new innovative tools can help you become a better presenter. Study how these tools are best utilized and customize your presentation.

• Be creative; give your audience a new, engaging experience. The apps are out there.

Be daring and challenge yourself to learn new technologies that will improve your presentation. At the end of the day, the more you know about different ways to use modern technology teaching tools, the more your audience will stay engaged

TIP 5. YOUR TARGET AUDIENCE • For the past eight years, I have seen drastic audience changes in the classroom at the Colorado Bar Association CLE training room.

There is a new generation of learners with their own style of learning that cannot be overlooked.

• No one could have predicted that the learning styles from one generation to another would be drastically different. Technology now allows us to transfer information from one device to another at the fastest rate in human history. It has changed how the learning process works.

• Do not be left behind. Keep up with the trends and stay on top. Your presentation should include elements that are relevant to your audience.

• Technology is constantly changing; keeping apprised of the changing technology is the best tip I can offer to presenters.

I hope you find these tips helpful and thought provoking. I really enjoy watching a good presenter who has done his or her homework and brings something new to the audience. Although these new teaching tools, learning styles, and multimedia use may not be applicable to all presentations, it is important to know how we can use technology to convey information in an engaging manner.

I challenge presenters to be more innovative and creative. Have some fun! D For the past eight years, Adrian Ro m e ro h a s b e e n t h e te c h n i c a l p ro d u c e r f o r t h e C o l o ra d o B a r Association/CLE webcast programs.

He has recorded and observed over 7,000 legal education presentations.

Romero also helps presenters with presentation tips and technical advice. Aside from his duties at CBA/ CLE, Romero produces special project videos for the Colorado Supreme Court, local district courts, and special law groups.

Sarah Myers, executive director of the Colorado Lawyer Assistance Program, is the coordinating editor of this series of Wellness articles. If readers have suggestions for topics of future Wellness articles in the Docket, or feedback to the articles, contact Myers at smyers@coloradolap.org.

August/September 2018 I Docket I 27

by jennifer jaskolka & cici cheng

romoting diversity and inclusion in our legal profession is not a new concept. Efforts to increase diversity in law firms and legal departments have varied and include emphasizing recruiting and hiring, implementing internal affinity and resource groups, and formalizing mentoring programs, all with little progress. Newer initiatives such as Diversity Labs’ Mansfield Rule (named after Arabella Mansfield, the first woman admitted to the practice of law in the U.S.) measure whether law firms have affirmatively considered women, LGBTQ+ and minority lawyers for promotions, senior level hiring, and significant leadership roles in the firm, and are intended to diversify law firms at the highest levels. Other initiatives, such as the Colorado Pledge to Diversity, focus organically and upward at building a pipeline of entry-level diverse candidates to address the perennial complaint from employers that only a limited pool of diverse candidates exist. The Colorado Pledge bridges participating employers with diverse students right out of the gate during the students’ 1L/rising 2L summer.

The Colorado Pledge to Diversity began as a “pledge” between 23 leading Denver law firms declaring their commitment to diversity. While the 28 I Docket I August/September 2018

Pledge was originally signed in 1993, it wasn’t until 2000 that the Pledge developed its linchpin 1L Summer Clerkship Program. Since then, the 1L Pledge Program has directly fueled the pipeline of diverse attorney by matching into paid clerkships hundreds of 1L students from historically underrepresented backgrounds.

The catalyst for the Pledge came from pressure that Colorado companies were applying on firms to hire more diverse attorneys, and from the Pledge’s desire to tackle that pressure by initiating early and direct access to employment for diverse students.

At the time, unpaid internships for law students had become more and more commonplace. Students who were financially able to accept unpaid internships in their 1L summer became more competitive during the on-campus interview process with firms during fall of their 2L year; but the increase of unpaid internships had a disproportionately negative affect on diverse students.

The 1L Pledge Program was created to allow 1L students to undergo a rigorous application and interview process for the opportunity of a paid clerkship with a firm or in-house department in the private sector. The program is enticement to keep in Colorado diverse students from the University of

Denver's Sturm College of Law, University of Colorado

Law School, and University of Wyoming College of Law (newly added in 2018).

The application process is straightforward but stringent. Diverse students with a minimum 2.85 GPA may apply after their 1L fall semester. After reviewing the applications (which includes the unique aspects of a personal statement and a confidential evaluation from a legal writing instructor), the employers hold panel interviews to help the student develop an interviewing skillset; for many students, this is their first professional interview. Following the panel interviews is a “kick-off” reception where students interact with employers, the Pledge Executive Committee, and judges and other legal community leaders. This is again many students’ first critical networking opportunity. Employers then assess the students and proceed through a “draft” process (much like a fantasy sport draft) to select students for callback interviews. Once interviews are complete, employers and students both rank each other and are “matched” for the summer (much like a medical school residency match).

The 1L Pledge Program has made significant strides in the last two years, substantially increasing employer participation from 27 firms and legal departments (29 clerkship positions) in 2016, to now an astounding 44 employers (46 clerkship positions) in 2018. A parallel rise in student applications happened: from 63 students in 2016 to 81 in 2018. Several new employers have already committed to participate in the 2019 summer program.

With this momentum, the Pledge also began collaborations with other local organizations, including Law School Si Se Puede and the Center for Legal Inclusiveness, funding scholarships to promote similar goals for the advancement of diversity.

The Pledge’s recent achievements have everything to do with the diverse Executive Committee working

behind the scenes: CiCi Cheng (Wheeler Trigg O’Donnell), Jennifer Jaskolka (Xcel Energy), Matt Douglas (Arnold & Porter), Ana Gutierrez (Hogan Lovells), Ben Ross (Jackson Kelly), Sara Sharp (Sparkman+Foote), Rachel Jennings (White and Steele), Jennifer Allen (Davis Graham & Stubbs), Lily Ramirez (McElroy Deutsch), Laura Lopez (Jones & Keller), Andrew Bennett (Energy Outreach Colorado), and Liz Titus (Hogan Lovells). Six Executive Committee members are themselves 1L Pledge Alumni.

The benefits of the Pledge have paid off and demonstrate what effective collaboration between law schools and legal employers can achieve. The number of diverse students attending the schools has increased. For example, Colorado Law has seen a significant increase in its incoming diverse student population rising from 17 percent in 2015 to 29.4 percent in 2017, with many citing the Pledge program as a draw to the law school. Importantly, a vast majority of Pledge alumni remain in Colorado and “pay it forward” by advocating for the Pledge to their employers. Four Pledge Executive Committee members — CiCi Cheng, Ana Gutierrez, Rachel Jennings, and Lily Ramirez —accepted full-time offers of employment from their Pledge employers. Other Pledge graduates, such as Judge Don Jesse Toussaint (2007), have used the skillset, experience, and connections received during the Pledge to accomplish dreams like becoming a member of the Colorado judiciary. While diversity remains a difficult hurdle for our field, the Pledge has demonstrated actual advancement by providing unique and early access for diverse students in its efforts to build the pipeline. D Jennifer Jaskolka is assistant general counsel at Xcel Energy, a Fortune 500 company providing gas and electric services to customers in eight states. She can be reached at jennifer.l.jaskolka@ xcelenergy.com.

CiCi Cheng, a Pledge Alumna, is a commercial litigator at Wheeler Trigg O’Donnell and handles a wide array of contractual and business tort disputes. She can be reached at cheng@wtotrial.com.

More information can be found at the CLI website: www.centerforlegalinclusiveness.org. Register for the Pledge to Diversity’s 1L Welcome Reception on Sept. 12 at Moye White in Denver: https:// August/September 2018 I Docket I 29

LEGAL AFFAIRS Shanna Montoya is the new Online Community Manager for CBA, DBA and CLE. Shanna is currently working to develop and launch "Community".

MONTOYA She was previously with the Financial Planning Association.

On March 1, Latino Leaders magazine named Regina “Gina” Rodriguez, a litigation partner at Hogan Lovells, as a 2018 Top Latino Lawyer. In addition, the RODRIGUEZ American College of Trial Lawyers recently admitted her as a Fellow into one of the premier legal associations in North America.

Crystal J. McDonough, founding partner of McDonough Law LLC, was named to Law Week C o l o r a d o ’ s 2 0 1 8 To p MCDONOUGH Women Lawyers.

Sati C. McLafferty has joined the law firm Ambler Keenan Mitchell Johnson as an MCLAFFERTY associate attorney. Her practice focuses on estate planning, probate, and trust administration.

Sati is a member of the Colorado Bar Association Trust & Estate Section, the Arapahoe County Bar Association, and the Aurora Bar Association, and is a board member on the Women’s Estate Planning Council.

Lewis, Bess, Williams, & Weese P.C. is pleased to announce that LaLonnie Gray joined the firm as an associate on GRAY April 17, 2018. LaLonnie is a member of the firm’s employment and litigation practices and will continue her work on behalf of national and regional companies in all areas of employment law and commercial litigation.

Mark Fogg was appointed by ABA President-Elect Robert M. Carlson to be a member of the ABA Standing Committee on Professionalism for a FOGG three-year term commencing with the adjournment of the 2018 Annual Meeting in August, 2018. Mark was previously Chair of the DBA and CBA Professionalism Committees now known as the CBA-DBA Professionalism Coordinating Council.

Allen Vellone Wolf Helfrich & Factor P.C. is pleased to announce that STERNLIEB

Rachel A. Sternlieb has joined the firm as an associate. Rachel focuses o n complex commercial and civil litigation, multi district litigation and class actions, products liability a n d HENRY contractual disputes.

Allen Vellone Wolf Helfrich & Factor P.C. is pleased to announce that Lance J. Henry has joined the firm as an associate. Lance specializes in assisting individuals and entities on a range of matters, in both litigation and commercial transactions.

Allen Vellone Wolf Helfrich & Factor P.C. is pleased to announce that Carissa V. Sears SEARS has joined the firm as a senior associate.

Carissa is experienced in a wide range of matters involving real estate, securities fraud, co n t ra c t s , p ro d u c t s l i a b i l i t y a n d complex commercial litigation.

Burg Simpson Eldredge Hersh & Jardine, P.C. is pleased to MCGRAW announce Angela E. McGraw h a s joined the firm as of counsel. McGraw’s practice will focus on medical malpractice litigation.

The national litigation firm Wheeler Trigg O’Donnell (WTO) has promoted attorney Amy DEVAN DeVan to the position of executive director.

DeVan oversees all administrative responsibilities for the firm’s 100 lawyers and 100 staff across three offices.

DeVan is licensed in Colorado and serves currently as chair of the Colorado Bar Association Ethics Committee.

She has served in the Colorado Supreme Court Office of Attorney Regulation and as the executive director of the Colorado Independent Ethics Commission. DeVan also serves on the advisory board to Colorado Lawyer.

E l k i n d A l te r m a n H a r s to n P.C. is pleased to announce that Courtney Butler has joined the firm a s senior attorney.

BUTLER Baker Hostetler today a n n o u n ce d t h at i t h a s named Laurin Quiat as its next Denver office managing partner. Quiat joined BakerHostetler in 1997, was QUAIT elected partner in 1999 and serves as leader of the firm’s national construction practice. In his practice he tries complex legal disputes for clients in the areas of product liability, construction, and commercial litigation.

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

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LEGAL AFFAIRS

CHANGES Jones & Keller is pleased to announce that Christopher S. Mills has joined the firm MILLS as special counsel. Chris focuses on civil and complex commercial litigation, with an emphasis on business, contract, and financial disputes.

Spencer Fane LLP is pleased to welcome Adam Veltri as a partner in VELTRI the Oil and Gas and Real Estate practice groups. Veltri boasts 30 years of experience with much of his career focused on the oil and gas industry, including acquisitions, divestitures, financing, development, and operations.

Lathrop Gage is pleased to welcome Partner Justin Vaughn to the firm’s VAUGHN corporate practice in the Denver office.

Before joining Lathrop Gage, Vaughn had his own law firm, The Vaughn Law Office, for over 17 years. He is a frequent presenter to attorneys and business owners in the areas of mergers and acquisitions, business

transactions, employment law and estate planning.

Schoenwald & Thompson LLC is pleased to announce, after the privilege of practicing together for over 22 years, Julia T. Thompson and Lawrence J. Schoenwald are beginning new chapters in their lives.

Thompson has joined the firm of Leventhal & Puga, P.C. as of counsel, continuing her 25-year litigation practice with emphasis on medical malpractice and personal injury cases. Schoenwald is winding down his practice, after 48 years as a trial lawyer, and wishes Julia continued success.

IN MEMORIAM In Memoriam David G. Hill January 3, 1935 – May 25, 2018 HILL

Davis Award Nominations Sought — Deadline Sept. 1 — Nominations are invited for the 2018 Richard Marden Davis Award to honor attorneys under the age of 40 who have demonstrated excellence as a lawyer and leadership in Denver’s civic, educational, and charitable activities. The award was established by Davis Graham & Stubbs, the family of Dick Davis, and the Denver Bar Foundation in 1992

For more information about the award, a list of past recipients and to submit a nomination, visit dgslaw.com/who-we-are/davis-award.

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PICTURE THIS DBA ANNUAL GOLF TOURNAMENT The Denver Bar Association Annual Golf Tournament was held on June 15 at the Wellshire Golf Course in Denver.

The winners were: Longest Putt: Jason Soronson and Amy Braddy.

Closest Winners: Natalie Klee, Roy Alexander, Greg Herring and Scott Ray. 1st Low Gross: William Hood, Brian Boatright, Will Myer and Steve Bell (54).

2nd Low Gross: Steve Briggs, Scott McGath, Rich Nielson and Dan Murphy (55).

1st Low Net: Ed Timmons, Jeff Jackson, Alan Schindler and Ed Timmons, Jr. (52).

2nd Low Net: Otto Hilbert, Tom Schleibaum, Paul Casey and Justin Morgan (53 won tiebreaker).

3rd Low Net: Todd Jansen, Richard Strauss, Marty Martineau and John Lumley (53 won tiebreaker).

The event was followed by a complimentary happy hour. The DBA thanks all who participated and looks forward to another fun day of golf next year!

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DBA AWARDS AND PRESIDENTIAL INDUCTION The annual DBA Awards Ceremony and Presidential Induction was held at the Ralph L. Carr Judicial Center on June 30. DBA and CBA members and leaders gathered to celebrate the accomplishments of this year’s honorees.

The ceremony began with DBA President Franz Hardy and CBA President Dick Gast passing their ceremonial gavels to incoming presidents Maureen “Mo” Watson, DBA, and John Vaught, CBA. Outgoing DBA Board of Trustees members Shannon Stevenson, Nancy Cohen, and Jim Fogg were then honored for their service. Following this, each winner was presented with their DBA Award. This year’s award winners are: Mary Jo Gross, Award of Merit Richard Murray, Young Lawyer of the Year Ellie Lockwood, Volunteer Lawyer of the Year Denver Office of the Independent Monitor’s Youth Outreach Project (Nicholas Mitchell), Outstanding Program The Honorable Alan Loeb, Judicial Excellence Award

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JAMS IS EXCITED TO ANNOUNCE OUR

NEWEST PANELIST KATHY L. SEIDEL, ESQ. AREAS OF EXPERTISE • • • • •

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

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