2011 December

Docket The

Denver Bar Association I Vol. 33 Issue 11 I December 2011

Inside New Rules for the New Year:

The Civil Access Pilot Project

by Jessica L. Fuller and Tamara F. Goodlette

Mentoring Program Readies for a New Look

by Melissa Nicoletti

Attorneys Give Back During the Holidays

by Mary Dilworth

The Business of the Bench

Ericka F. Houck Englert offers an overview of the Chief Justice’s goals, as well as a more personal look at Michael L. Bender and his rise to the state’s highest court.

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2 The Docket I December 2011 ©2011 Special Counsel, Inc. All rights reserved.

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Docket The

Denver Bar Association I Vol. 33 Issue 11 I December 2011

ON THE COVER 6

In First Year, Chief Justice Michael Bender’s Projects Take Aim at Access to Justice and Court Efficiencies

8

Mentoring Program Readies for a New Year, New Look

10

For the Holiday Season, Share the Gift of Giving

16

A Brief Overview of the Civil Access Pilot Project Rules

FEATURES 4

From the President

5

Former Chief Justice, DBA President Luis Rovira Dies at 88

11

A Guide to Holiday Survival

12

The Case of the Law School Murders, Part 4

15

Leave Them Speechless When You Give a Business Development Speech

18

‘Atlas Shrugged’—Should You, Too?

20

‘Everything’s OK. This Is Greece.’

6

8

11

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

The Docket A publication of the Denver Bar Association.

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 (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313.

Docket Committee: Mariya Barmak, Norman Beecher, Becky Bye, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Christopher Mommsen, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J.

20 Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA Officers: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer Board of Trustees Members: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director Editor: Sara Crocker P.C. Editor: Chuck Turner Graphic Designer: Kate Schuster

(303) 860-1115 denbar.org/docket Copyright 2011. The Docket (ISSN 10847820) 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.

December 2011 I The Docket 3

From the President

Serving On a Jury—Every Lawyer’s Dream?

I

s it every lawy e r ’s d r e a m to serve on a jury? Every time I tell someone I have served on a jury, w it hout fa i l my attorney friends say they w ish they could serve, despite the time constraints we all have.

At the end of September, I received that (often dreaded) postcard to report for jury duty. On the appointed day, after dropping off the kids at the Warm Welcome Childcare Center, which exists in large part thanks to former DBA President Joe Dischinger, I made my way over to the shiny new Lindsey-Flanigan Courthouse. I watched the video for potential jurors with attention. I was excited and curious when my number was called.

I reported to Courtroom 5A for an armed robbery case, presided over by Judge William D. Robbins. Although I was not ultimately chosen to serve on the jury, it was a very interesting experience nonetheless. First, the defendant was representing himself pro se, something I was not expecting and frankly was confused about. All of the public defenders I know are top-notch, so I was unsure why someone would represent himself and risk going to jail when effective representation is offered. The only questions the defendant asked during voir dire were “Do any of you have anything against tattoos?” (his forehead was tattooed), and “Do any of you have any type of prejudice against anyone for any reason?” Not surprisingly, no one spoke up at that moment.

I was struck by how many prospective jurors tried to get out of serving.

I also was struck by how many jurors were, sadly, victims of a violent crime.

Judge Robbins then asked the panel if anyone had taken legal classes. I am

4 The Docket I December 2011

proud I can say I am a lawyer, but it is never an easy thing to get up in front of a bunch of strangers and explain that from 1996 until 2002 I represented a death row inmate in Illinois in his postconviction proceedings, all the way to the U.S. Supreme Court. Not that it should, but one might think such information would automatically get me stricken from a criminal jury. In this case, the prosecutor did use one of his peremptory challenges to excuse me from jury service.

were one down, but the rest persevered.

On to the jury deliberations! We took a secret ballot right from the start and all but two of the jurors voted “not guilty.” We went through all of the evidence. I think my biggest and most challenging job as foreperson was working with jurors who tried to consider something that was not a part of the evidence—something I anticipated may happen. (Interestingly, the attorney in the recent case told me that the other jurors in that case often seemed

“

I think my biggest and most challenging job as a foreperson was working with jurors who tried to consider something that was not a part of the evidence.”

Of course, I was curious to know what happened in the case. Luckily for me, I ran into the other lawyer on the panel at a recent Colorado Judicial Institute dinner. This lawyer was chosen to sit on the jury and served as the foreperson. In case you are wondering, the defendant had fired his public defender, and the defendant was found guilty.

“One of the most interesting and gratifying things about my jury experience had to do with the fact that every juror really took their duty seriously,” the lawyer told me. It was great to hear of this lawyer’s positive experience serving on a jury.

A few years ago I did serve as the foreperson on a jury in a sexual assault case in Denver. I was thrilled and surprised to be chosen. I also was dying to know what goes on in the jury room.

In the middle of the trial, one juror was excused and had to be replaced. The reason? The juror saw the victim in the bathroom after she had testified and told the victim, “You did a good job.” We

to consider things that were not part of the evidence presented). This might be inevitable with human nature, but I had to keep reminding the jurors what was presented as evidence and what was not.

After much deliberation, all of the jurors agreed that the People did not prove its case. This, of course, was a difficult decision for everyone, due to the nature of the allegations and the emotional testimony. It gave me some added faith in the system that it does work as it should.

It truly was a fascinating experience to serve as the foreperson on a weeklong jury trial. I became friends with someone else on the jury and afterwards, when people would ask us how we know each other, it is always funny to declare, “We sat on a jury together!” It’s also a testament to how intimate and intense serving on a jury can be.

I would like to thank Steven Earl for his assistance. Please feel free to contact me at ilenebloom@hotmail.com. D

Former Chief Justice, DBA President Luis Rovira Dies at 88

T

he Docket Committee was greatly saddened by the news that former Colorado Chief Justice Luis D. Rovira passed away on Oct. 30. He was 88.

Rovira, who was president of the Denver Bar Association from 1970 to 1971, served on Colorado’s highest court for 16 years, from 1979 to 1995, and was Chief Justice for the last five. He is probably best known for penning the opinion in Romer v. Evans, which overturned Amendment 2, a voter-approved amendment that prevented the state and local governments from passing laws protecting gays and lesbians.

After leaving the Colorado Supreme Court, Rovira never slowed down. He continued to serve as a Senior Justice for the

Colorado Court of Appeals, and provided mediation and arbitration services for the Judicial Arbiter Group. He remained active with the DBA and was roasted by its Seniors Committee in October 2006.

He was recently featured by Docket Committee Chair Natalie Lucas in the September issue. The article can be read at http://bit.ly/Rovira.

He is survived by his wife, Lois Ann, two children, and six grandchildren, according to The Denver Post. We at the DBA offer our condolences to the family for their loss. D

December 2011 I The Docket 5

In First Year, Chief Justice Michael Bender’s Projects Take Aim at Access to Justice and Court Efficiencies

“

We know that you are going the extra step to try to give people the fair chance they need.”

b y E r ic k a F. Houc k E ngl e rt

M

aybe it’s the Hawaiian shirt.

Or the shelves bearing family photos and artifacts reflecting the life of a beloved father of five.

Perhaps it’s the hearty laugh that comes easily in conversation. There is much about Chief Justice Michael L. Bender that makes him seem like a regular guy, not the highest-ranking legal official in Colorado.

However, as the Colorado Supreme Court’s Chief Justice for the past year, he has shown he’s an idea man who believes in the courts as an effective place for dispute resolution and who is bent on challenging the conventions of Colorado’s legal system to make real changes to how lawyers do business in the state.

Don’t let the Tevas fool you.

Since joining the bench in 1997, Bender has overseen and partaken in a number of initiatives. Among other things, he’s helped increase the number

6 The Docket I December 2011

—Ben Hand-Bender, 11, in a letter written to his father, Michael Bender, before he was sworn in to the Colorado Supreme Court in 1997.

of judges statewide, seen a modernization of how case loads are weighted in the trial courts, and overhauled the attorney discipline process—a system that is now a model for states nationwide.

As Chief Justice, Bender oversees the 3,500 employees who make up the state’s 22 judicial districts, Court of Appeals, and Supreme Court. His goals moving forward fall under the broad umbrellas of access to justice and efficiency in the courts. The Court’s current projects include: • Developing a post-conv iction motion court that would take the first cut on the resource-intensive habeas, Colo.R.Crim.P. 35(a) and (c) petitions filed by thousands of prisoners. Pilot courts are slated for Arapahoe, Weld, Chaffee, Park, and Fremont counties.

• Further integrating evidence-based sentencing by assessing an offender’s risk and needs to better protect the public, as well as reducing the offender’s risk of recidivism. Select offenders may be monitored on probation instead of going to prison, saving substantial resources.

• Increasing pro bono work done by Colorado lawyers, especially to indigent veterans.

• Establishing e-filing in all cases filed in Colorado.

• Increasing self-help resources such as self-help centers in courthouses and self-help YouTube videos (an example is Adams County’s video on service of process at http://bit.ly/ Adamsservice).

• Revising the pattern criminal jury

instructions with an emphasis on plain language.

• Improving efficiency in civil litigation with rule revisions that will require more upfront disclosure and increase the role of the trial judge. A pilot program in the Denver metro area will run for two years starting in 2012 (See article on page 16 for more information).

• Improving communication among the many courts and looking for common solutions to recurring problems.

Fewer than 15 years ago, Bender was slugging it out as a trial lawyer. He was known as a competent, skilled attorney willing to take on a range of matters, including discrimination, murder, divorce, personal injury, and grievance cases. “I was comfortable in the courtroom . . . I could cross-examine,” Bender said. In support of the Chief’s application to the Colorado Supreme Court in 1996, Judge Richard Matsch of the District Court for the District of Colorado referred to Bender as the consummate advocate. It was a well-earned reputation.

Born in the Bronx, Bender grew up in Westchester County, N.Y. His father was a former U.S. Attorney in the Southern District of New York who eventually became a specialist in criminal tax fraud. Bender’s brother, also an attorney, is a career prosecutor in Westchester County. Bender knew he’d eventually go to law school but, “the question was where.”

On summer break from Dartmouth College, he came west for the first time, to Wyoming and Colorado. He spent

that first summer on a road construction crew near Worland, Wyo., and fell for the Rocky Mountains. After college and a string of summer jobs, including working as a waiter at a country club and as a bellhop, Bender enrolled in the University of Colorado School of Law, graduating in 1967. While in law school, Bender clerked for John Kane at the state’s first Public Defender’s Office in Adams County. Today, Kane is a federal judge for the District of Colorado.

After graduation, Bender began a fellowship in sociology and criminal law at the Institute of Criminal Law and Procedure Masters Program at Georgetown but left in 1968 to join the Colorado Office of the Public Defender.

Soon af ter leav ing t he publ ic defender’s office in 1971, Bender took on one of the most influential cases of his career. As just a third-year attorney, Bender represented two African American women and one Hispanic woman in a larger discrimination suit against the Denver Police Civil Service Commission.

The case, Hogue v. Bach, desegregated the Denver Police Department and was one of a handful of cases across the country that changed testing requirements nationwide for police officers.

During the next 25 years, Bender’s career took him through public and private practice, including a stint as the Associate Regional Attorney for the Equal Employment Opportunity Commission in Denver; a period as the head public defender in Jefferson County, where he defended two death penalty cases; a one-year stint at Gibson Dunn & Crutcher in Los Angeles; private practice as a partner with Larry Treece; and practicing law on his own.

In 1987, Bender famously represented Dav id Lane, one of four defendants accused in the killing of radio personality Alan Berg. As The New York Times reported at the time, prosecutors alleged that “Mr. Berg was singled

out for assassination because he was a Jew and because his persona l it y incurred the anger of white supremacists.” Bender, who also is Jewish, put aside his personal beliefs to defend Lane, who was ultimately convicted of civil rights violations.

It is clear Bender enjoyed his days as a trial attorney. When pressed, he’ll concede that maybe he “objected t o o m u c h ,” b u t Bender was skilled in his craft. “ The courts weren’t as busy and trials were more frequent,” he recalled. “We had more opportunities to be lawyers.”

At the urging of Chief Justice Michael Bender in a family photo. then-Chief Justice Joseph Quinn, Bender applied for an of 2013. opening on the Colorado Supreme Court When Bender discusses the buildand was appointed in 1997. He has ing, it’s clear he’s passionate about the thrived during his time there. The most law and its role in society: “[The buildrewarding aspect of his job: “The law ing] will symbolize the rule of law and clerks. There’s a real give and take intelthe judiciary. ... It will reflect a co-equal lectually. I learn as much from them as branch of government and what the justhey do from me.” tice system means in serving the people Bender also was surprised to find he of a democratic government.” It also will liked the administrative aspects of the reflect the career of Ralph Carr, a Colojob. In addition to the many initiatives rado attorney and governor who, like he has taken on, Bender has taken on the Bender, dedicated his career to serving project of overseeing the construction people. D of the Ralph L. Carr Colorado Judicial Center, which will house all major state Cover photo and photo at left by Jamie legal agencies. The building was the idea Cotten. Above photo provided by Michael of former Chief Justice Mary Mullarkey Bender. and is due for completion in the spring December 2011 I The Docket 7

A Seat at the Bar

Mentoring Program to Kick Off 2012 with Revamped Curriculum

by M eliss a N icol e t t i

T

he Denver Bar Association is now accepting applications for both mentors and mentees for the 2012 Mentoring Program. This year the program will be part of a pilot project that is a cooperative effort by the Colorado Bar Association and the Chief Justice Commission on the Legal Profession. For the DBA’s mentoring program

to qualify as a pilot program, we have altered it to mirror the proposed program.

We encourage all DBA members who are interested to consider becoming a mentor or participating in the program as a mentee. Our goal for the upcoming year is to have 100 pairs for the program.

The following is a brief description of the program. For additional information on the program and to sign up as a Mentor

or Mentee for the 2012 version of the program, please visit denbar.org.

Objectives: To promote pride in the profession; excellence in service; and strong relationships with the bar, courts, clients, and the public, through teaching the core values and ideals of the legal profession and the best practices for meeting those ideals.

Qualifications: To qualify as a mentee in the program, you are not required to be a member of the DBA, but you must be in your first three years of practice following admission to practice law in Colorado, or within your first year of practice in Colorado if you have been in practice three or more years in another jurisdiction. Mentees can petition for inclusion in the program if they do not fit into either of these two categories.

Curricula: The 12-month Mentoring Plan curricula is developed by the mentee and mentor, but must cover certain subject areas and include an initial planning meeting between the mentee and mentor; personal and professional

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8 The Docket I December 2011

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development; the Colorado bar and legal community; history and importance of the legal profession; and professionalism and civility. A typical Mentoring Plan involves monthly in-person meetings between the mentee and mentor, which last one to two hours. The Mentoring Plan can be developed by the mentee and mentor to best suit their schedules and needs.

Benefits: Each mentee and mentor will receive 15 free CLE credits, including two ethics credits, on successful completion of the program (application for CLE credit is pending). The program has components that include group activities, but an emphasis is placed on the one-on-one professional relationship between the experienced lawyer and the new lawyer, because this is one of the best ways to pass on the values, ideals, and best practices of the profession.

Mentors Have Much to Gain from this Role. They have the chance to assist younger attorneys in developing important skills. Lawyers who have been mentored are more likely to stay in the practice than those who are not. The development of these close bonds also helps further the practice of law.

Mentees Can Take Control of Their Career Development. Sometimes new

hires may expect the firm to be responsible for their professional development, because many firms today offer resources such as orientation, in-house CLEs, trial colleges, marketing development, retreats, and mentoring programs. However, your future success will in part be dependent on your ability to make connections with those around you and gain their trust and respect. It simply makes good sense to use these offerings to your advantage. Twenty years down the road you may be able to attribute your success, in part, to assistance you received early on from another professional.

The 2012–13 chairs of the DBA Mentoring Program are Melissa Ogburn and Craig Joyce.

We will have a kick-off reception for the 2012 mentoring program Jan. 5. We look forward to DBA members’ participation in this very important program. D

Melissa Nicoletti is the Director of Sections and Committees for the Colorado and Denver Bar Associations.

December 2011 I The Docket 9

For the Holiday Season, Share the Gift of Giving

by M ary D ilw ort h

F

or attorneys and legal professionals who reach out to some of the most disadvantaged in Colorado, the holidays are a time to give—and to get back even more. Those who give to others are happier than those who buy something for themselves, according to several studies cited in a 2010 article in Psychology Today. The amount of the gift didn’t seem to matter; it was the merely the act of giving that promoted happiness in people.

There are hundreds of attorneys, firms, and organizations that contribute and donate time throughout the year.

Here are just some of their stories.

Mary Waters, an office administrator with Hogan Lovells in Denver says, “We adopt at least two families through the organization, Family Tree, and we collect contributions from the staff and attorneys. Many attorneys and staff choose to shop with their families and purchase some of the gifts. They always spend time with the families and they probably get as much joy doing this as the receiving families.”

The Rocky Mountain Children’s Law Center puts on a Holiday Gift Drive and knows that the holidays can be especially hard for children in the child protection system. “They are separated from family and living in group homes or with foster families,” said Executive Director Stephanie Villafuerte. “They don’t write letters to Santa or dream of piles of gifts. They just hope someone will remember them. These children are just trying to survive and deal with very adult decisions; our gift drive is just one thing we do to help provide them a sense of childhood.”

Joni Edwards, office administrator with Husch Blackwell, helps organize the firm’s Adopt-A-Family project with Family HomeStead through Florence Crittenton Services, an organization

10 The Docket I December 2011

that empowers struggling teen families to be productive members of the community. Liz Martinez, of Wheeler Trigg O’Donnell, recently was sworn in as a Court Appointed Special Advocate and is leading a holiday gift drive through the Wheeler Trigg O’Donnell Foundation for abused and neglected children served by CASA. “Sadly, when you look at the lists the kids put together, there are many items that we take for granted, like socks and other basics,” Martinez said. The WTO Foundation contributes funds to buy gifts and invites current employees, family members, and friends of the firm to participate, widening the giving circle.

Holland and Hart works on many community projects during the year.

During the holiday season, they put together a few projects for the Lennox Guest Home, including a “Pie Party” and a craft fair, with staff manning tables. Funds are raised for a dinner and gift baskets for residents of the Lennox Guest Home. Staff also can pick names from a giving tree and buy clothes or toys for those served by the Rocky Mountain Children’s Law Center and Jewish Family Service.

Jodi Kopke, director of marketing with Kutak Rock, says, “Our firm participates in the Adopt-A-Family program during the holiday season. What started out as helping one family in 2000 has grown to helping four families in 2011.

Some of the families we’ve been asked to help over the years include parents with a preemie 3-month-old boy and a 17-year-old helping her grandmother raise her siblings.” At the firm, not only can you donate items, but you also can be a “Shopping Elf” and buy presents, you can help assemble and wrap presents, and you can help Santa deliver presents to a family or individual.

“In addition to participating in the Rocky Mountain Children’s Law Center Holiday Gift Drive, our firm started a

If you’re interested in donating: If you’d like to donate to the Rocky Mountain Children’s Law Center Holiday Gift Drive, but can’t make it to the center, Law Week Colorado staff will pick up donations at firms through the first week of December. Call (303) 292-1212 for more information.

The Colorado Bar Association adopts a family each year for the holiday season. For more information, please contact Heather Clark at hclark@cobar.org.

campaign this year to buy 1,000 meals at the Denver Rescue Mission, and is also giving a large holiday donation to the Leukemia and Lymphoma Society,” says Heather Baker, of Otten Johnson Robinson Neff + Ragonetti.

For 2011, the Harris Law Firm is taking part in the Adoption Exchange’s Holiday Hope Project, a stockingstuffer program for teens in foster care.

The firm has donated to the Denver Rescue Mission every Thanksgiving for the past seven years. This year, the firm collected enough donations from attorneys and staff to feed more than 300 homeless men, women, and children on Thanksgiving Day. The act of giving doesn’t have to be monetary; it can simply be donating your time, helping out a friend or family member, or simply thanking those in your life who help you throughout the year. The legal world can be stressful and make incredible demands, but the generosity of the people in the Colorado legal community demonstrates that we believe in the philosophy of giving and service.

By helping others, you will probably get something in return. It was expressed succinctly by Mahatma Gandhi, “The best way to find yourself is to lose yourself in the service of others.” D Mary Dilworth is the Marketing Manager for CBA-CLE.

Wellness Brief

A Guide to Holiday Survival

by MINE S & A ss o ci ate s

F

or many, the holidays are a time to share the joy of family traditions and create new, special memories. But for some, these expectations can make holidays stressful, especially for those who feel disconnected from family or friends, those who feel alone, or those who may be suffering from seasonal affective disorder. Regardless of your situation, some degree of stress and tension around the holidays should be expected. Consider some of these suggestions to help prepare you for this busy time of year and make the holidays a special time in your own way.

Create Your Own Traditions The holidays are directly connected to the traditions of the past. When those traditions are additionally connected to painful or troubling memories, it’s time to create healthy traditions of your own.

Think of new events you can participate in on your own or invite new people to join you in an old tradition. Make a point to keep your new traditions alive each year and they will start to add happy memories to your holiday spirit.

Be a Participant Sometimes, what you need are good friends around you. Look for opportunities to get involved in holiday activities that get you out having fun with friends and family. Attend parties, invite friends to local activities, or even take a trip to some regional event. A little holiday spirit can go a long way.

Ask for Others to Chip In Just because you are hosting the holiday event does not mean everyone else gets to sit back and do nothing.

Remember, the true meaning of holidays often comes down to sharing the holiday experience with the ones you love and feeling thankful and blessed. Welcome everyone to share his or her favorite recipe or bring a game. Getting together

on a holiday because of tradition is one thing, but joining families and creating new memories and traditions will bring you closer and make the time you spend together more meaningful.

Keep Your Life in Focus It can be easy to focus on what you don’t have—not what you do have— during the holidays. Make a point to celebrate the good things in your life.

Contact your friends and remind them of how much you value their friendship and support. Another great way to remind yourself of how fortunate you are is to volunteer at a local charity or food kitchen to help others and give back to your community.

feelings can teach you new ways to cope and can help keep your holiday blues at bay. D Published as part of MINES & Associates Personal Advantage services and available at MINESandAssociates.com.

Written by Life Advantages, author Delvina Miremadi ©2011.

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. Is there a topic you would like to read about? Please email suggestions to Docket Editor Sara Crocker at scrocker@cobar.org.

Be Willing to Get Help The holiday blues can be difficult to manage for anyone, but for some they can be especially limiting and inhibit your ability to function regularly. I f you need help, talk to someone—a friend, loved one, or a trained counselor.

Talking about how you’re feeling and what triggers those

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December 2011 I The Docket 11

f o e s a C e h T

the Law

l o o h c S , s r e d r Mu Part 4

Editor’s Note: This is the fourth part of a serial fiction piece by the Docket Committee. Each month a new writer will pick up where the other has left off, offering a new piece of the story.

B y Paul K ennebeck

T

he autopsy report on the last two murdered law students came back. It showed there was a high content of blood in their veins.

The original tox screen had indicationed the male had been poisoned.

Now the coroner stated further tests

12 The Docket I December 2011

were needed. The female had died of asphyxiation. The coroner saw no indication that her death was anything other than a “routine” suicide (his word). Don’t ever work with a coroner who thinks his humor—unlike his clients—is deathless.

A large amount of neuroenhancers were found in both of their systems. *** Nancy Dixon, her hair in a cute little swirl (How do girls do that?), was right on top of things at our weekly coffee/crimesolve time: “Like the Bible says, ‘The first thing we do is kill all the lawyers.’”

“That wasn’t the Bible. It was Dylan.”

She perked up. “Hey, ever ask yourself whose side we’re on? The lawyer wannabes who were murdered are the same nasties who cross-examine you on the stand and ask why your crime report left out this, why it didn’t say that, why you didn’t follow this lead or that lead, why the warrant said something that wasn’t true.”

“So you think a cop killed them?”

She didn’t laugh. “At least there’s a motive.”

This was about the time in the investigation I started getting calls from criminal lawyers who wanted me to contact them as soon we made an arrest.

Screw ’em. The only defense attorney that ever paid me back was ol’ Whiplash Willie and he’s been disbarred for years.

Loutik was the worst. “I got mouths to feed, Sunday. Send the killer my way.”

“Loutik, hey. We haven’t nicked anyone yet.”

“Even better. Arrest someone. If they’re innocent, I may be able to get ’em off. My hourly rates will soar.”

It was time to move on. My hearing on false arrest allegations was set to begin. After that was the award ceremony for the arrests I made that weren’t false.

Plus, I had to meet Doctor Happy to see if my disability was coming along, and the prescription for pain meds needed to be refilled. Bourbon didn’t work as well as it used to.

The chief stopped by my desk. She never does this. No chief should violate office protocol.

My desk was a mess—something I usually never worry about. The nuns always told me to straighten up my desk. I never did. They were right. I was doomed. Already I felt I was losing a conversation with the chief that hadn’t yet begun.

I thought she was going to ask me about the rumors of me and Nancy. The rumors were no problem because there was no evidence to support them. I can deal with rumors, unless they’re not true. Try to suppress a tantalizing lie.

But no, what the chief had on her mind was much more complicated.

“Detective Sunday,” she said. “You

know quite well”—that’s the way the chief sometimes talks— “that we police folks do not ever get involved with politics. Unless you’re the chief.”

Chief Judy was a good sort—doing all the things a cop knows a chief has to do to be a chief. She has to deal with the Citizens Advisory Board, with activists, with the survivors of the criminals we kill. All I have to do is deal with killers, muggers, and thieves.

“Chief,” I said, “we get involved in politics every time there’s a blue flu.

Every time there’s a rap from the Citizen Review Board. Every time there’s an attempt to trim our benefits.”

The chief ’s lovely smile sugared unsavory topics. She smiled now. “How much longer do you expect to remain in uniform, Sunday?”

“Until I qualify for retirement pay, disability pay, hazard pay, military leave pay, vacation compensation, sick leave compensation—” “See? That’s what I’m talking about.”

The chief must have seen the look on my face.

“Listen, Sunday, I am not going to be the whipping girl for every third-rate politico who wants to make news.”

She leaned in. I smelled perfume.

“You know what those wannabe lawyers wanna be? They wanna be absolved of their debts. The government gave them money. They don’t want to give it back.”

She made a face. “The government needs the money more than they do.”

“Chief —” “Those lawyers want the government to go further into debt. How can Washington afford to absolve millions and millions of dollars of student loans?”

Her voice rose.

“And, Sunday, you want this to be the motive for the murders? That some political activist killed them because they belonged to StudentLoanFreedom.org or because they organized rallies against the student loan debt or testified in Congress about the student loan debt?”

She brushed her hand through her graystreaked brown hair.

“That motive is all we’ve got.”

“So these are political murders?

So we’re going to be the target of every blogger and pundit who has access to a keyboard?”

I’m late to my false arrest hearing.

“I hate politics,” she said. “Take your investigation in another direction.”

I watched the chief return to her office. I’m not one to criticize chiefs. It leads to no good. And Chief Judy seems an OK sort—too much perfume, maybe.

But the thing that stuck in my mind, the thing that wouldn’t go away, was that in my 29 years of following third-rate leads, every time I was told to take a different path or look for clues in a different direction, something went horribly wrong. D Read the fifth and final part of the fiction series in the January issue of The Docket. Missed a part of the story? Catch up at denbar.org/docket.

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Leave Them Speechless When You Give a Business Development Speech

by M e rrily n A st in Tarlt on

S

tanding next to a projector in your best Sunday suit and speaking to a crowd through a microphone doesn’t necessarily make you an effective public speaker. We’ve all suffered through presentations that should never have made the big time. And we’ve all walked away from one muttering about how the speaker not only failed to entrance but, frankly, didn’t seem to have a clue.

Clearly, we weren’t ever going to call that speaker for advice.

Speaking engagements are part of every short list of business development activities, but they can work against you just as easily as they can help develop leads for new business. Getting the invitation to speak—to a trade group, a board of directors, or chamber of commerce—is the easy part. It’s what you do with the invite that counts. Your goal?

Make sure everyone in the audience knows you are knowledgeable about your subject, and walk away with business cards and phone numbers from people who have more questions for you.

Yes, Your Goal is to Impress Them

With a little advance thought (and don’t you dare give a speech without advance thought!), it’s fairly simple to put a speech together with information that represents you and your firm well.

But it’s how you present that information—and yourself—that will draw new business. And that might take some practice.

1. How do you look? Wear something comfortable that makes you feel like a million bucks. Clean, pressed, and all shined up. While dark colors look professional, the addition of a little something really bright near your face keeps everyone’s eyes on you. A tie, scarf, jacket, or necklace in a bright and flattering color will make everyone feel good. Even you.

Comb your hair, brush your teeth, fix your lipstick. People will be staring at you for an hour with nothing better to do than pick apart your grooming. Head

them off at the pass.

2. How do your slides look? Hope-

fully they are clean, simple, crisp, and thought-provoking. Lots of visuals, very few words. Use this background to add punch to your ideas, but please don’t use slides that merely repeat the words you are saying. Or vice versa. If people wanted to read a book, they could stay home. Instead, challenge yourself to do your entire presentation with slides containing only photos. No words. People will hang on your words to explain the mystery of what you are showing them, instead of reading ahead and losing interest.

3. How do you sound? You should sound like you know what you’re talking about. If you don’t, rehearse until you do.

Speak at a regular pace. Use pauses for emphasis or to allow people to catch up with you. Let the suspense build when appropriate. Smile when you speak, it improves your tone and it makes you look good. If people say they can’t hear you, it may be a sign that you need a little voice coaching to learn to project from the gut instead of from just behind your back teeth. And, yes, use a microphone, even if it seems pompous. It’s what professionals do. No one will know how wonderful you are if they can’t hear you.

And on the subject of things you may feel embarrassed about? Yes, do stand up.

points you are making in your speech while illustrating that you are successful, busy, and well connected. Worried about confidentiality? Get over yourself! There are ways to tell stories without identifying names and details.

5. How will they remember you? Your last slide should simply be your name and contact information. Leave it up there for the duration so people can write it down.

In addition, provide something they can take away with them besides the requisite speaker handout—the more useful and intriguing, the better. A checklist, board game, questionnaire. Think viral.

If it’s an amazing and relevant tool or document, they will want to share it with others, so give them the link to your website or download.

Most important, love what you’re doing and believe what you’re saying! It will show. And they’ll love you right back. D Merrilyn Astin Tarlton has been helping lawyers and law firms think differently about the business of practicing law since 1984. She is a founding member of the Legal Marketing Association, President of the College of Law Practice Management, and an LMA Hall of Fame inductee. She blogs about innovation at astintarlton.com. This article was originally published by Attorney at Work (attorneyatwork.com).

4. Tell stories. You know

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December 2011 I The Docket 15

Piloting Change

A Brief Overview of the Colorado Civil Access Pilot Project Rules

by J e ssica L . F ulle r and Tamar a F. G o odle t te

I

n Chief Justice Directive 11-02, the Colorado Supreme Court approved a new set of civil procedure rules known as the Colorado Civil Access Pilot Project. The goals of the Pilot Project are to increase access to the courts and reduce the expense of civil litigation by identifying and narrowing disputed issues at the earliest stage of litigation; requiring ongoing active case management by a single judge; and keeping litigation costs proportionate to the issues being litigated through controlled discovery and other means.

The Pilot Project makes significant changes to the Colorado Rules of Civil Procedure for certain types of business cases in specified judicial districts, which will dramatically affect the way civil cases

are litigated. Below is a brief overview of the highlights of the Pilot Project Rules (PPRs).

Not all of the PPRs are addressed below and they may continue to be amended through 2011. To review the full set of the most recent version of the PPRs, visit www.courts.state.co.us/ Courts/Supreme_Court/Directives and click on Chief Justice Directive 11-02, “Civil Litigation in Business Actions.” 1

Introduction to the Pilot Project When do the PPRs take effect?

• The PPRs are effective Jan. 1 for certain types of cases filed on or after that date, and will be in effect for applicable cases filed in the next two years.

What happens at the conclusion of the two years?

• During the two-year period when the

PPRs are in effect, IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, will collect data to measure the effects of the procedural changes. The study results will be used to determine whether to make future amendments to the Colorado Rules of Civil Procedure.

Where do the Pilot Project Rules apply?

• For designated cases in the First Judicial District (Jefferson and Gilpin counties), Second Judicial District (Denver County), Seventeenth Judicial District (Adams County), and the Eighteenth Judicial District (Arapahoe County).

What kinds of cases are governed by the PPRs? • “Inclusion in the pilot project will be determined based on the contents of the complaint at the commencement of the action,” according to PPR 1.1.

• The PPRs will apply to cases that are predominately “business actions” as defined in Amended Appendix A of CJD 11-02. Amended Appendix A lists various types of “included actions” and “excluded actions.” Litigators in the specified judicial districts should refer to Amended Appendix A to determine whether a case is subject to the PPRs.

Do the Colorado Rules of Civil Procedure still apply?

• Yes. The PPRs are not a complete set of rules and the C.R.C.P. will continue to govern, except where there is an inconsistency, in which case the PPRs will control. (See PPR 1.2.)

Are the PPRs optional?

• No. In fact, the court may impose sanctions for any failure to timely or completely comply with the PPRs. (See PPR 11.1.)

Overview of Central Provisions of the Pilot Project Rules Proportionality is the Buzz Word 16 The Docket I December 2011

• All aspects of the case shall be addressed by the court and the parties to assure the process and costs are proportionate to the needs of the case.

The proportionality factors include the “amount in controversy, and complexity and importance of the issues at stake in the litigation. …This proportionality rule shall shape the process of the case in order to achieve a just, timely, efficient, and cost effective determination of all actions.” (See PPR 1.3.)

Notice Pleading Plus • “The party that bears the burden of proof with respect to any claim or affirmative defense should plead all material facts that are known to that party,” including “any known monetary damages.” (See PPR 2.2.)

• General denials of any statement of fact are not permitted. (See PPR 2.3.)

Defendants Must Answer, and Motions to Dismiss Do Not Stay the Case • Even if you elect to file a motion to dismiss, you also must file an answer.

(See PPR 4.1.)

• Unless otherwise prohibited by statute, the filing of a motion to dismiss will not delay any pleading, disclosure, or case management deadlines. (Id.)

After You Plead, Get Ready to Disclose • No later than 21 days after service of a pleading making a claim for relief or defending against a claim for relief, the pleading party must file its initial disclosures with the court. (See PPR 3.1, 3.3.)

Meet, Confer, and Preserve • Within 14 days after the filing of an answer, the parties must meet and confer regarding the “reasonable preservation of all relevant documents and things, including any electronically stored information.” (See PPR 6.1.)

Do Not Expect Extensions or Continuances • Motions for extensions of time or continuances (including motions to

change the trial date) are strongly disfavored and will be denied on receipt, absent extraordinary circumstances.

(See PPR 1.4, 8.5.)

• Stipulated motions to continue or extend deadlines are not binding on the court and parties should assume the court will deny such motions. (See PPR 1.4.)

Do Expect Active Case Management • One judge will be assigned to the case for all purposes, and “absent unavoidable or extraordinary circumstances,” that judge will remain assigned to the case through its final resolution. (See PPR 5.1.)

• No later than 49 days after the responsive pleadings are filed, the judge shall hold an initial case management conference, which each party’s lead trial counsel is required to attend.

(See PPR 7.1.)

• The court will provide ongoing, active case management, and the parties may contact the court for prompt conferences to clarify or modify any court order or resolve any disputed pretrial matter. (See PPR 8.1, 8.2.)

Factual and Expert Discovery Will Be Limited • Discovery will be limited, based on the proportionality factors and “matters that would enable a party to prove or disprove a claim or defense or to impeach a witness.” (See PPR 9.1.)

• Absent extraordinary circumstances, only one expert witness per side may submit a report and testify in any given specialty or with respect to any given issue. (See PPR 10.2.)

• An expert’s testimony will be limited to matters disclosed in reasonable detail in the report. (See PPR 10.1(b).)

• Along with the expert’s report, a party also must produce its expert’s files at the time the witness is disclosed. (See PPR 10.1(a), (c), App. C (defining scope of production and noting parties do not have to produce their expert’s draft reports).)

• There will be no depositions or other discovery of experts. (See PPR 10.1(d).)

Key Deadlines • Twenty-one days after service of the complaint, plaintiff files initial disclosures. (See PPR 3.1.)

• Twenty-one days after plaintiff ’s initial disclosures are filed, defendant files a responsive pleading, which must include an answer. (See PPR 3.2, 4.1.)

• Fourteen days after defendant’s responsive pleading is filed, the parties meet and confer regarding preservation of documents and electronically stored information. (See PPR 6.1.)

• Twenty-one days after service of defendant’s responsive pleading, defendant files initial disclosures. (See PPR 3.3.)

• Seven days before the case management conference, parties file a joint case management report in the form set forth in Appendix B of CJD 11.2.

(See PPR 7.1, App. B.) • No later than 49 days after defendant’s responsive pleading is filed, the case management conference is held, and lead counsel must attend. (See PPR 7.1.)

Generally, within 91 d ays of service of the complaint, the answer, any motions to dismiss, all disclosures, and the joint case management report will be filed and the case management conference will have occurred.

The PPRs are an attempt to improve the management of the civil litigation process and increase access to our judicial system by controlling the discovery process and lessening the expense of litigation. We urge litigators in the Denver area to support the Pilot Project and share their feedback during the two-year pilot period with IAALS. D Jessica Fuller and Tamara Goodlette are litigation associates at Rothgerber Johnson & Lyons LLP and can be reached at (303) 623-9000 or jfuller@rothgerber.com and tgoodlette@rothgerber.com.

The PPRs are not to be confused with the amendments to the Colorado Rules of Civil Procedure for calculating trial and appellate deadlines that will apply in all cases in all judicial districts in the state. Most of these deadline amendments become effective Jan. 1, and others become effective July 1. Go to http://bit.ly/CPRCChanges for a copy of the amended rules.

1

December 2011 I The Docket 17

‘Atlas Shrugged’—Should You, Too?

Atlas Shrugged: Part 1 Rated PG-13, 97 minutes Now available on DVD, $19.95

by D oug McQ uist on “Atlas Shrugged: Part I” is a faithful big-screen adaptation of Ayn Rand’s dense, self-important tome. The filmmaker, (the ver y non-Hollywood conservative CEO of the Cybex exercise machine company, John Aglialoro) split the epic into what is intended to be three releases. Parts two and three will follow, if he can find the money.

That may be a big “if.”

Not surprisingly, the “liberal Hollywood elite” give it no shot. After all, it was the movie Hollywood could never make, not that it didn’t try. So, Aglialoro bought the soon-to-expire rights and

made it himself. Maybe he doesn’t care about the Hollywood cold shoulder, but money’s money, so parts two and three aren’t exactly in the can yet. For now, there are plans to get part two in production in early 2012.

As The Docket Committee’s token conservative, I was asked to review “Atlas Shrugged” (aptly released on the big screen on April 15, 2011), now out on DVD. You may have missed it in the theaters. It didn’t exactly linger, and never made it to wide release. Opening respectably—at $1.7 million, 14th overall, on opening weekend in just 300 theaters— it faded fast, going from making about $5,640 per screen opening weekend to $1,895 the following weekend. After six weeks, it still had not recouped even half of its absurdly low $10 million cost. Too bad, considering I liked the film overall.

The movie opens in a dark, dystopic America in 2016. In Rand’s world, railroads were king, so her protagonist, Dagny Taggart (Taylor Schilling), is naturally head of a transcontinental railroad.

The film gets around this anachronism cleverly—the opening scenes show dis-

turbances in the global oil market that have driven gas to stratospheric levels.

Several air crashes have frightened flyers, leaving rail as the only viable option.

A little suspension of disbelief goes a long way here, so just go with it.

Colorado is central to the plot. In the movie, our state is a booming, conservative, free-market mecca, bucking the national trend toward decay, government meddling, and collapse through good old-fashioned free-wheeling entrepreneurism. (Did I mention suspension of disbelief?) It was fun, though bittersweet, to see my beloved home state depicted as the broad-shouldered last, best chance of capitalism. Oh, were it only true!

Faced with deteriorating rails in Colorado, which cause a horrific accident, Dagny knows she needs to replace track fast to serve one of her biggest customers, rip-snorting Colorado oilman Ellis Wyatt (Graham Beckel, ironically, the real life brother of liberal commentator Bob Beckel). She can’t find any rail suppliers who can do the job. Government intervention in the markets has driven off all but a few favored suppliers, and they can’t meet her deadlines because they’re incompetent.

But fate draws her to Hank Rearden (Grant Bowler), head of Rearden Metal

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Corp. Rearden has just come out with a revolutionary new metal. This stuff is lighter, stronger, and easier to work with than any other metal on the market. He tells Dagny he can get her rails—on time, and on budget.

But as in present-day America, future America is plagued with a government that picks winners and losers in industry, deciding which industries are favored, and which should be destroyed.

Because Rearden’s competitors can’t compete with his metal, they do what any good American corporation would do—go to Washington to buy enough government muscle to shut him down.

Soon, the government is on Rearden’s case, forcing him to dispose of companies one by one to break him.

As the movie progresses, Dagny and Hank struggle to beat a stacked deck. We see more and more of their fellow industrialists “disappearing.” The movie’s unseen protagonist, John Galt, is convincing them to withdraw from the economy to, as he puts it, “stop the motor of the world.” Will Dagny and Hank triumph, or will the system (or Galt) drag them down?

The screenplay improves the overwrought Rand dialogue, and does its best to put some pace into the glacially slow-moving novel. Although there were still a few too many “standing and talking” scenes for my taste, the movie held my interest. The ending was one of the best parts of the film. It beautifully set up part two, and left me hoping it does well enough to get there.

Now, for the downside. The low budget shows onscreen. The acting is workmanlike, but just that. It also relies too heavily on dark lighting to establish the noir gestalt it is shooting for, with some scenes so poorly lit they were hard to follow. The heavily-colored Colorado scenery shots make up for that to an extent, but at times are so vivid the contrast is jarring. The effects, too, show the director got what he could pay for. With the exception of the climactic Colorado “train run” scene (loyal Rand readers will know what I’m talking about here) with a beautiful CGI-drawn bridge built of Rearden metal, the other effects scenes look like they were done by earnest, but poorly funded, college film students.

So, is it worth a spot on your video

shelf? That depends. If you’re one of the Federalist Society members who were at the screening I attended, wearing your Ayn Rand T-shirt, you’re probably already on the waiting list.

For the rest of us? It’s worth a spot on your Netflix queue. The movie was a good-faith, entertaining attempt to bring the Rand vision to the screen. It worked to a point, and at a little over an hour-and-a-half takes a lot less time than re-reading the book. If parts two and three do get made, I will watch both.

But even non-Hollywood elite types like producer Aglialoro know that movies run on money. Ayn Rand (a former screenwriter herself) would want nothing less. That’s how it works in free-wheeling capitalism, after all. As Aglialoro said in a recent interview: “I learned something long ago playing poker: If you think you’re beat, don’t go all in.”

At this point, I give it no better odds than filling an inside straight. D

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December 2011 I The Docket 19

‘Everything’s OK. This is Greece.’

The gate to a temple of Apollo, built 500 BCE.

by Paul K ennebeck Editor’s Note: This is the first of a twopart article on the author’s recent trip to Greece.

The Flight to Athens

A street on the island of Tinos.

A view from Elounda Bay, Crete.

20 The Docket I December 2011

T

he Wary Traveler sat buckled into his metal seat on the crowded toy-like propellerdriven aircraft that inspired little confidence in its ability to fly. The Traveler knew that if he survived the crash, which had a high probability of occurring, he would curse himself for having climbed onto the thing in the first place. The aircraft, parked at the loading gate at Argostoli airport, had just completed final boarding when the pilot burst out of the cockpit and hurried down the aisle to the narrow back exit.

The Traveler watched the pilot on the tarmac next to the wing argue heatedly with an airport official, a woman who didn’t seem to agree with whatever

it was the pilot was shouting.

A middle-aged German couple seated behind the Traveler began whispering urgently, then unbuckled their seat belts, stood up, retrieved their baggage from the small overhead bin, and turned to follow in the pilot’s footsteps, out the door and down the toy-like steps.

The Greek air hostess told them to sit down and fly.

The Germans obeyed orders.

The pilot reentered the aircraft, entered the cockpit, and closed the cockpit door with attitude. A few minutes later, the air hostess came down the aisle, asking passengers if anyone would volunteer to allow a little girl, who was traveling by herself to visit her yia-yia, to sit on their lap during the flight. The plane was small. It was full. No empty seats. Passengers were shuffled around and the little girl eventually was buckled onto the lap of a woman who herself was buckled in.

The next passenger to enter the fully

loaded plane was a woman in her thirties, carrying a small backpack. The air hostess opened the cockpit door and told her to sit on the jump seat in the cockpit behind the pilot.

The cockpit door closed, the engines started, and the Traveler was asked, “Is everything OK?” “Everything’s OK,” the Traveler said.

“This is Greece.”

In a few minutes, the craft began its run down the runway for take-off—the engine noise level rising, the seats shuttering, the craft bouncing—and then it was wonderfully, safely airborne, flying near the island of Lefkada where Sappho was said to have jumped to her death.

The plane flew over the Peloponnesus, passed low over the Parthenon glowing yellow in the sun and landed at Athens International Airport. When the plane had taxied and stopped at an arrival gate, the Traveler stood up to retrieve his baggage with moist palms.

The air hostess said, “Sit down.”

“I want to get off the plane,” the Traveler said.

“Who doesn’t?”

“But –” “You are seated in the front half of the aircraft. The passengers in the back half must disembark first. Otherwise, the weight will shift and the rear of the plane will smash down into the tarmac.”

The Traveler obeyed orders. *** The taxi driver said, “Oxi. I can’t carry all of you and your baggage. Taxi is small.”

The Traveler pulled out a two euro coin.

“Oxi,” the taxi driver said, “the regulations forbid that much baggage.”

Another two euro coin.

“No, no,” he said. “Regulations.”

With another two euros the taxi was finally large enough to carry the Traveler, family, and baggage into Athens.

Brightly Colored Pictures and Food Food is important to the Traveler. In the restaurants that cater to those tourists who do not speak Greek, a laminated menu with color pictures of the food is

placed on a stand in front of the restaurant entrance where the waiters wait, encouraging (doing much, much more than encouraging, actually) tourists to enter. There are full-color pictures of meatballs, cheese pies, lamb dishes, and fish heads.

The Traveler thought himself superior to any tourist who must stoop so low as to order food from a menu of garish Photoshopped pictures. But he was quickly reminded that when he enters the drive-through lane of a McDonald’s in his homeland and doesn’t know what he wants to order, he spends several minutes surveying the bright pictures of hamburgers and wraps on the drivethrough board before deciding.

The cheese in Greece is not pasteurized. The Traveler had eaten feta in his homeland for years without awarding it any significance. The first time in Athens the Traveler tasted the soft white cheese in combination with black olives and white wine he understood its allure.

There are tavernas where one eats wonderful Greek dishes flavored with the fresh basil, oregano, mint, and lemons

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December 2011 I The Docket 21

that are grown in the garden you walk through to get to the outdoor tables.

The Traveler found some of the restaurants uncomfortable due to the cigarette smoke, which was nearly thick enough to obscure the “No Smoking” signs on the menu. This now wary Traveler decided not to speak to a waiter about this when he saw that the waiter was occupied lighting a patron’s Marlboro. The Greek parliament passed a law prohibiting smoking in public several years ago.

The Traveler encountered a group of Ohioans who were ending their twoweek tour of Greece. In a discussion about Greek cuisine, a gentleman with an Indians baseball cap informed everyone that he had managed to have avoided any messy issues with Greek cuisine by having eaten chicken at every meal for the past 14 days.

The Greek Debt Yes, a paperless transaction does not leave a paper trail. In some stores, the lovely shop girls inform the Traveler with a smile that by paying cash, the price of

22 The Docket I December 2011

the item will be reduced. The Traveler can guess that the profit to the shop is in taxes not paid.

And the Traveler learns that some of these same stores stand on property that has been ruled by conquering Romans, conquering Turks, conquering Venetians, and conquering Germans, each of whom demanded tribute from the Greeks. The tribute was to be in the form of taxes. The Greeks made the brave decision—avoid paying tribute to any conqueror. No taxes.

Old habits die hard.

The cut in pensions, the forced layoffs, and the boarding up of businesses are the result of austerity mandated by forces outside Greece. The Traveler is told that, like all lenders, the European Union (the term is used broadly here) has exacted much from Greece to protect its loans to Greece. The EU is viewed (maybe wrongly, maybe not) by many as being Germany itself: a powerful country, a country that is a financial juggernaut leagues above Greece or Italy, dictating crippling economic constraints.

T he conquer ing Ger mans are

remembered best by Greeks in those grainy black and white photos of yiayias, standing in the fields of Crete with upraised pitchforks as the armed German paratroopers dropped down on them.

Today, the sons and daughters of those Germans own some of the best seaside property along Crete’s north shore. The grandchildren of the yia-yias can sometimes get terrific jobs there.

You thought the Greek euro debacle was about money?

There’s more. The debt issue is terribly complicated, but this is only a travel article with pictures. D Read the second part about the author’s encounters in Greece in the January issue of The Docket.

BRIEFS Support MVL for Colorado Gives Day For the second year, Metro Volunteer Lawyers is participating in Colorado Gives Day, which aims to support nonprofits that protect and nurture quality of life in Colorado. For 24 hours, starting Dec. 6, donations will be taken online to local nonprofits like MVL. There are other bonuses, including incentives for organizations that have the largest percent increase in donations, the most dollars raised through fundraising pages, the most donors and the most dollars raised.

For more information or to donate, visit givingfirst.org/metrovolunteerlawyers.

Seniors Committee Holiday Lunch The Seniors Committee invites friends and colleagues to a luncheon to share warm wishes and holiday cheer.

The gathering will be held at noon on Monday, Dec. 12, at the DBA office, 1900 Grant St., Suite 900. Cost to attend is $12. To RSVP, contact Sara Crocker at (303) 824-5347 or scrocker@cobar.org.

Please RSVP by Dec. 8.

CAN Committee Happy Hour The Community Action Network Committee will host a happy hour for those interested in getting involved in the committee on Tuesday, Dec. 6, from 5:30 to 7:30 p.m. at Katie Mullen’s Irish Pub, 1550 Court Place (on the 16th Street Mall). To RSVP, please contact Heather Clark at hclark@cobar.org.

Solo and Small Firm Holiday Party The Solo and Small Firm Section will host its annual Networking and Holiday Party on Monday, Dec. 12, beginning at 11:30 a.m., at the CBA-CLE offices, 1900 Grant St., Suite 300. As in years past, door prizes will be given to attendees.

The cost to attend is $5 for section members, $10 for non-section members, and includes a holiday buffet luncheon. If you are not a section member, you can join at

the door for $10. Please RSVP by Dec. 8 to lunches@cobar.org or (303) 860-1115, ext. 727.

Discounts on “The Nutcracker” Through Dec. 24, DBA members can receive 15 percent off ticket prices.

Visit coloradoballet.org, click buy tickets online next to “The Nutcracker,” select the date and time of the performance and select purchase. Enter promotional code “COBAR” and click the arrow to the right of the box. Click either “Purchase Best Available Seating” or click a seating area of interest by scrolling over the seating map. Select the number of tickets desired and click purchase to finish processing order. Questions? Contact Alexa Drago at (303) 824-5313 or adrago@ cobar.org.

Call for DBA Awards Nominees The DBA Awards Committee needs you nomination for its annual awards: DBA Award of Merit, DBA Young Lawyer of the Year, DBA Volunteer of the Year; Judicial Excellence; and Teacher of the Year.

Please submit a brief statement online at http://bit.ly/DBAAwards or by emailing Heather Clark at hclark@cobar.org of why the nominee deserves the honor.

The committee will consider involvement with the DBA, community contributions outside the bar associations, and career history and accomplishments. The deadline for nominations is Tuesday, Jan. 31.

DU Law Stars Nominees Sought The nominations for the 2012 DU Law Stars are open. Please visit law. du.edu/alumni for more information and to nominate honorees. Awards include Outstanding Alumni Award, Alumni Professionalism Award, Robert B. Yegge Excellence in Teaching Award, Thompson Marsh Award, and the Bruce B. Johnson Outstanding Young Alumni Award. Nominations must be received by Jan. 27. For more information, contact Laura Dean at (303) 871-6122 or ldean@ law.du.edu.

Gear Up for Lawyers League Basketball The Lawyers Basketball League will kick off its 2012 season in January at the University of Denver Hamilton Gym. The expected team entry fee will range from $650 to $750. Sign-up information was sent to last year’s team captains in October; others who are interested in registering, forming, or joining a team should contact Todd Jansen at (303) 337-0838 or todd@toddjansenlaw.com or Rob Hooke at (720) 530-4279 or rhookeesq@gmail.com.

Save the Date: Barristers Benefit Ball Mark your calendars and get your dancing shoes ready! The 2012 Barristers Benefit Ball to support Metro Volunteer Lawyers will be held on May 5 at the Grand Hyatt in downtown Denver. This year’s ball will reprise last year’s wildly popular theme: “Dancing With the Bar Stars for MVL.” For reservations, contact Dana Collier Smith at (303) 824-5318 or dcolliersmith@cobar.org

Save the Date: Henry Hall Tournament, June 4 The 2012 Henry Hall Golf Tournament will be held at the Hiwan Golf Club in Evergreen on Monday, June 4.

Registration, lunch, and range time will start at noon, to be followed by a 1:15 p.m. shotgun. Questions? Contact Alexa Drago at (303) 824-5313 or adrago@ cobar.org.

Save the Date: Annual Awards Part The Annual Awards Party will be held on Tuesday, June 5 starting at 5:30 p.m. at the Sherman Street Event Center, 1770 Sherman St. This is a complimentary event for DBA members and includes appetizers and beverages. RSVP to lunches@cobar.org or call (303) 8601115, ext. 727.

December 2011 I The Docket 23

24 The Docket I December 2011

December 2011 I The Docket 25

Legal

AFFAIRS GOOD THINGS K atayoun “K aty ” Donnelly, an associate with Baker & Hostetler, LLP, will be recognized as a 2010 Temple Bar Scholar.

Donnelly Each year, the American Inns of Court selects four outstanding young U.S. lawyers as Temple Bar Scholars, and they participate in a one-month program designed to introduce them to the English legal system.

Donnelly focuses her practice at Baker Hostetler on complex commercial litigation.

The Colorado Trial Lawyers Association (CTLA) announces the election and appointment of new board members.

Members include William Babich, Law Firm of William Babich LLC in Denver; Nelson Boyle of Carter Boyle LLC in Denver; Michael Chaloupka and Patrick DiBenedetto from Metier Law Firm LLC in Fort Collins; Scott Eldredge of Burg Simpson Eldredge Hersh & Jardine, PC in Englewood; Gregory Gold of The Gold Law Firm LLC in Greenwood Village; Alan Higbie of Melat Pressman & Higbie LLP in Colorado Springs; David Klibaner of Klibaner Law Firm PC in Denver; Larry Lee of Larry D. Lee PC in Boulder; Jim Leventhal of Leventhal Brown & Puga PC in Denver; Thomas D. McFarland of McFarland Law Offices in Golden; Michael Rosenberg of Roberts Levin Rosenberg PC in Denver; Saul Sarney of Saul R. Sarney PC in Denver; Mickey Smith of Mickey W. Smith Attorney at Law in Pueblo; Julia Thompson of Schoenwald & Thompson LLC in Denver; Adrienne Tranel of the Tranel Law Firm PC; Stephen Wahlberg of Hillyard, Wahlberg, Kudla, Sloane & Woodruff, LLP in Denver; and Joseph

Zonies from Reilly Pozner LLP in Denver.

Kennedy Childs P.C. is pleased to announce that Richard M. Murray recently was appointed to the Historic Denver, Inc. Board of Trustees. Murray was also recently accepted as a member of the 2012 class of the Colorado Bar Association’s Leadership Training (COBALT) program.

Davis Graham & Stubbs LLP announced that the partnership has re-elected Chris Richardson to serve as the firm’s Richardson managing partner through Dec. 31, 2014. Richardson has been the firm’s chief executive and managing partner since 2002, and has served DGS clients for nearly 30 years.

The Center for Legal Inclusiveness is proud to announce that it recently expanded its board of directors to include Jordan Fox. Fox is member of Sherman & Howard LLC, where he focuses his practice on Family Law. The Colorado Chapter of the National Academy of Distinguished Neutrals association was launched in October. It is pleased Meyer to recognize 16 Charter Members in Colorado, including a majority of the state’s best known civil and commercial mediators and arbitrators. The ExecuEpstein tive Committee members are Judge Bill Meyer (Denver), Joe Epstein (Greenwood Village), and Steve Meyrich (Boulder).

The National Academy of Meyrich Distinguished Neutrals

is a professional association whose membership is comprised of attorneys distinguished by their hands-on experience in the field of civil and commercial conflict resolution, and by their commitment to methods of alternative dispute resolution.

John Sass recently was elected vice president of the National Academy of Arbitrators. The academy’s purposes are educational Sass and fraternal. As a friend of the court, the academy has participated in appellate litigation in the United States and Canada, where major issues affecting the institution of arbitration are involved. It also works cooperatively with sister organizations such as government agencies, professional organizations, institutions, and learned societies in the field of labor-management and employment relations.

Burns, Figa & Will P.C. is pleased to announce Candace Cole Figa, a shareholder at the firm, has been appointed to serve on the Arapahoe County Ethics Committee as a representative for Arapahoe County Commissioner Nancy Sharpe. The committee advises the county commissioners on ethical issues relating to employees and elected officials.

Melissa Sugar has been appointed to the board of directors as public affairs chair for the Rocky Mountain Chapter of the Society of Financial Services Professionals.

CHANGES Ireland Stapleton is pleased to announce that Nicholas A. Murray has joined the firm as an associate. Murray will advise clients on a variety of legal

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 5th day of the month.

26 The Docket I December 2011

issues, including business and real estate transactions, employment law, and litigation.

Dill and Dill is pleased to announce that Dudley W. Morton has joined the firm as a partner and Frank W. Suyat has joined Morton the firm as a partner in their civil litigation group.

Morton will continue to focus his practice on corporate, transactional matters, structured Suyat s e t t l e m e n t t ra n s fe r s , bankruptcy, and estate planning/ probate. Suyat’s practice will continue to focus on complex civil litigation, employment law, probate litigation, estate planning, and general business.

Ducker, Montgomery, Lewis & Bess, PC is pleased to announce that Chris Mills and Megan Rhodes have joined the firm as Mills associates.

Mills specializes in commercial litigation and Rhodes practices litigation with a focus on employment matters.

Rhodes Kutak Rock LLP is pleased to announce that Tiffanie D. Stasiak, Matthew S. McElhiney, Brett M. Wendt, and Michael E. Bonifazi have joined the litigation and corporate groups. (See ad on page 19.)

Stasiak and Bonifazi practice in the areas of complex commercial and construction litigation, while Wendt practices in the same areas and maintains an employment law practice.

McElhiney has more than 20 years of experience counseling clients in corporate and business-related issues and will join the corporate practice group.

Brownstein Hyatt Farber Schreck is pleased to announce that Martine Tariot Wells has joined the firm as an associate in the corporate and business

group. Her practice will focus on employment law.

Roberts Levin Rosenberg has added Nelson A. Waneka as an associate.

Waneka’s practice will focus on insurance bad faith, insurance coverage, and personal injury law.

Bloom Murr & Accomazzo, PC is pleased to announce James P. Eckels and Annie-Caitlin Howe have become associates of the firm.

Featherstone Petrie DeSisto LLP would like to announce that Charles Fuller has become an associate of the firm. Fuller focuses his practice on commercial litigation.

Patton B o g gs L LP recently expanded its Energ y and Natural Resources practice with the addition of Eric H. DrumDrummond mond as a partner in the firm’s Denver office. Drummond has practiced administrative law and complex administrative litigation for nearly two decades, focusing his practice in alternative energy issues, electric utility, and telecommunications law.

Horowitz & Burnett is pleased to announce that John Cardinal Parks has joined the firm as special counsel. Parks’ Parks practice will focus on commercial and bankruptcy litigation, including representing parties in state and federal receiverships and in adversary proceedings and contested matters in bankruptcy cases.

First Western Trust Bank announced the appointment of estate planning attorney, Bill Schmidt as senior trust officer and family wealth advisor.

Schmidt brings more than 40 years of experience in advising clients in the areas of trust law, estate planning and administration, and charitable giving strategies.

Ireland Stapleton is pleased to announce that Jordan P. Chase has

joined the firm as an associate. Chase will advise clients on a variety of legal issues, including complex real estate acquisitions and sales, commercial leasing, community association matters, finance and development transactions, and general business matters.

BRICKS & MORTAR Rathod Mohamedbhai LLC is pleased to announce its opening. The office is located at 1518 Blake St. in Denver. The firm’s phone number is (303) 578-4400. They will be handing plaintiff ’s employment law, plaintiff ’s civil rights, and criminal defense.

Faegre & Benson LLP is delighted to announce that its partners have voted to combine with Baker & Daniels LLP. The new firm, to be inaugurated on Jan. 1, will be called Faegre Baker Daniels LLP.

Troubled by Rude and Unprofessional Attorneys?

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

Ben Aisenberg: (303) 861-2500 Roger Castle: (303) 839-8251 Teresa Wilkins (303) 791-9545 David Steefel: (303) 749-7208 Sponsored by

the DBA Peer Professionalism Assistance Committee December 2011 I The Docket 27

Dates on the

DOCKET DBA EVENTS

FOR THE PUBLIC

All DBA meetings are scheduled at 1900 Grant St., Suite 900, Denver, unless otherwise noted. Call Melissa Nicoletti, (303) 824-5321, to schedule committee meetings, so they will appear in this calendar.

To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at (303) 824-5323.

Dec. 1

Lawline 9 — 4–6:30 p.m.

Democracy Education Noon–1:30 p.m.

Call Carolyn Gravit, (303) 824-5323.

Dec 6

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

Call Carolyn Gravit, (303) 824-5323.

CAN Happy Hour 5:30–7:30 p.m.

Katie Mullen’s Irish Pub & Restaurant 1550 Court Pl. Call Heather Clark, (303) 824-53.

Dec. 7

Docket Committee Meeting Denver Beer Co. 1695 Platte St. 5:30–7 p.m.

Call Sara Crocker, (303) 824-5347.

Dec. 8

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

Dec. 12

Seniors Holiday Party Noon–2 p.m.

Call Sara Crocker, (303) 824-5347.

Dec. 13

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

28 The Docket I December 2011

Dec. 7

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

Call (303) 295-9470.

Dec. 21

Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m.

Lawline 9— 4–6:30 p.m.

Dec. 28

Lawline 9— 4–6:30 p.m.

Dec. 13

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

Dec. 14

Lawline 9— 4–6:30 p.m.

Dec. 15

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

Join a Committee!

If you are interested in joining a DBA committee, call (303) 860-1115 with questions. For a full list of DBA committees, visit denbar.org.

Dec. 20

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

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

Call (303) 573-1302.

Write for

The Docket DBA members are encouraged to send story ideas, photos, tips, and fun articles for The Docket Committee’s consideration. Our goal is to have a newsletter that is an outlet for prose by Denver attorneys, featuring stories about members and about matters of interest to our members. We want to include both the sincere and the satirical! Send member announcements, ideas, or content t o E d i t o r S a ra C ro c k e r a t scrocker@cobar.org.

The Colorado

LEGAL DIRECTORY

Order Your 2012 Legal Directory Today An Indispensable Tool for Colorado Attorneys

A Publication of the Denver Bar Association

The Colorado Legal Directory is the source to find Colorado attorneys, Colorado court information and other critical legal resources. You don’t have to do the research—it’s all there in one convenient book! The legal directory has listings for more than 20,000 attorneys, the majority with firm, address, phone number, and many with email addresses.

The directory also includes: 9 9 9 9 9 9 9 9

Attorney listings by Field of Practice Law Firms & Corporate legal departments contacts Colorado State Courts Offices information Other government agencies contact information with key personnel Colorado Executive and Legislative Offices listings, with staff contacts Federal and Municipal Courts information Fee schedules Other legal organizations contact info

Please note that each DBA member automatically receives one

$39 $79

rs membe A B C for embers m n o for N

Go to www.denbar.org to purchase your copy today!

complimentary copy. The Directory will be shipped in December 2011.

Sophisticated country lawyer Clarence Darrow takes the case of John Scopes. The case would change how faith and science are taught.

And, He Did It Pro Bono.

make

history

let’s talk

history

A Colorado pro bono campaign.

Only you can.

www.MakeHistoryColorado.org

December 2011 I The Docket 29

Picture

THIS

Seniors Roast Larry DeMuth Longtime general counsel Larry DeMuth was roasted and then toasted by longtime friends and family at the Denver Bar Association’s Seniors Roast on Oct. 4. DeMuth, who served general counsel for what started as Mountain Bell (and became known as US West, Qwest, and today is CenturyLink), is among 27 other estimable DBA members to be roasted by the DBA Seniors Committee.

DeMuth (center) was roasted by (from top of the stairs) Dan Brinker, Peter Willis, and retired Judge Ken Barnhill. Here they pose with Seniors Committee Chair and roast emcee Don McMichael.

DeMuth enjoys a laugh while on stage during the roast in his honor.

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Following the formal roast, Willis organized a surprise for DeMuth. The chorale that was formed over the years at US West law department retreats reunited to sing again, belting out tunes about the honoree.

30 The Docket I December 2011

DBA President Ilene Bloom welcomed the 70 guests who attended the roast.

DBA Happenings MVL Awarded $7,500 Grant Metro Volunteer Lawyers received a grant from the Fred and Jean Allegretti Foundation on Oct. 13. The $7,500 grant was presented by Kimberly Allegretti, Administrative Law Judge at the Colorado Office of Administrative Courts, to MVL Executive Director Dianne Van Voorhees, DBA President Ilene Bloom, and the Denver Bar Association Board of Trustees. The foundation’s generous donation for general operating funds helps MVL to maintain its mission: “To bridge the gap in access to justice by coordinating the provision of pro bono legal services by volunteer lawyers within the Denver metro area to people who could not otherwise afford legal services for their civil legal issues.” This is the second year that the Fred & Jean Allegretti Foundation has given a grant to MVL. The check for $7,500 was presented by Administrative Law Judge Kimberly Allegretti (front row, second from left). She is joined by members of the Denver Bar Association Board of Trustees: (back row, from left) Judge William W. Hood III, Daniel R. McCune, Janet Drake, Paul Chessin, Richard S. Strauss, James G. Benjamin, (front row, from left) MVL Executive Director Dianne Van Voorhees, DBA President Ilene Lin Bloom, and DBA Trustees Catherine A. Chan, and Gillian M. Bidgood.

YLD Collects Clothing for Law Suit Days To help those in need be dressed for success, the Denver Bar Association Young Lawyers Division collected gently used professional clothing, shoes, and accessories at its annual Law Suit Days on Oct. 13 and 14 at the Denver City and County Building. Donations were given to Bayaud Enterprises, Inc., a local nonprofit that provides vocational training, job coaching, résumé building, and job placement services for individuals with physical, mental, and emotional disabilities, as well as to homeless or low-income individuals and families.

DBA YLD board member JP Phillips (left) and Nic Heinke pose at the Law Suit Days collection area on Oct. 14.

December 2011 I The Docket 31

samuEl Gordon, Esq. ElainE a.WohlnEr, Esq.

hon. richard d. TurElli

hon. JamEs s. millEr

hon. TErri s. diEm

shEldon E. FriEdman, Esq.

hon. John P. lEoPold

hon. harlan r. Bockman

colliE norman, Esq.

Wishing you a Happy and Peaceful Holiday Season 410 17th Street, Suite 1600 • Denver, CO 80202 303.534.1254 tOllfree 1.866.534.1254 32 The Docket I December 2011