2012 December by DBA Docket

Denver Bar Association I Vol. 3434 Issue 3 I11 March 2012 2012 A Denver Bar Association Publication I Vol. Issue I December

Attorneys Stir Things Up

These local lawyers can stand the heatâ&#x20AC;&#x201D;in the courtroom and in the kitchen.

Inside The Right to Demand a Trial? by Scott Challinor

Child Care Center Continues Mission of Warm Welcome by Ryan Jardine

Holiday Etiquette for the Office by Becky Bye

2 The Docket I December 2012

Vol. 34 Issue 10 I December 2012

ON THE COVER 5

Standing the Heat, in the Kitchen and in the Courtroom

Holiday Cheer Can Lead to Fear of Ambiguous Office Politics

Warm Welcome Makes a Difference to Countless Denver Families

Court of Appeals Weighs Right to Demand a Trial

FEATURES 4

From the President

What Looks Good for the Future?

Holiday Gift Guide

A Winning Hand

Members Share Holiday Memories, Near and Far from Home

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IN EVERY ISSUE 23

Briefs

Legal Affairs

Dates on the Docket

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THE DOCKET A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the authorâ&#x20AC;&#x2122;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, Scott Challinor, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Christopher Mommsen, Siddhartha H. Rathod, Gregory

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10 D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA OFFICERS: James G. Benjamin, President; Daniel R. McCune, PresidentElect; John M. Vaught , First Vice President; Gillian M. Bidgood, Second Vice President; Ilene Lin Bloom, Immediate Past President; Daniel A. Sweetser, Treasurer BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Janet Drake, Nicholas Ghiselli, Vance O. Knapp, Barbara J. Mueller, Lucia C. Padilla, Meshach Rhoades, Frederick B. Skillern Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker P.C. EDITOR: Chuck Turner CHAIR: Ryan T. Jardine GRAPHIC DESIGNER: Kate Schuster

(303) 860-1115 denbar.org/docket Copyright 2012. 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 2012 I The Docket

From the President

Another Step Toward Access to Justice for All: Native American Law Clinic Launched by J im Benjamin

y wife Isabell and I were dining at The Fort restaurant when one of their strolling minstrels, a Native Amer ican flute player, entertained us both with his music and storytelling. For years, I have enjoyed the Native American flute music and songs when walking to Concourse A by means of the pedestrian overpass from the main Jeppesen Terminal at the Denver International Airport. But, according to our flautist, a member of the Blackfoot

in the event of a cataclysmic disaster and from whence a spacecraft would relocate the human race onto another planet. Fun stories, but why is this relevant to DBA activities? Whether DIA is truly constructed over an ancient Indian burial ground, the American Indian heritage is a deep, colorful, and rich part of the history of our city and state (and country). Native Americans are also in need of legal services, and our members of the DBA, through its Metro Volunteer Lawyers, have answered the call. The Native American Law Clinic provides pro bono services to our Native American population in a once-a-month nightly clinic the first Wednesday of each month. The program was launched in April by two Native American attorneys: MVL’s Executive Director Dianne Van Voorhees and MVL Board Member Dani-

Eagle” in my cinematography class at the University of Southern California in the late 1960s. I subtitled my review of the film “Why Not Equal Rights for These Americans, Too?” Now, I borrow that subtitle to call to arms the DBA membership to join in the effort to assist this underserved section of our community. We are in need of volunteers and I hope our members will step up to the plate. Those whose land we inherited (a euphemistic word for “stole”) are in serious need of our services. For the reputation of our profession, for the betterment of our community, for provision of desperately needed services to those unable to otherwise afford them, please travel to the Denver Indian Center, at 4407 Morrison Road in Denver. The clinic starts at 6 p.m. on the first

“For the reputation of our profession, for the betterment of our community, for provision of desperately needed services to those unable to otherwise afford them, please travel to the Denver Indian Center.” Nation, the flute music and chanting at DIA are reparations for the facility having been built upon Native American burial grounds. He told us the construction on DIA was halted when an excavation uncovered the burial grounds. Leaders of several tribes and the airport administration came to an agreement to seal the area, to mark it on all maps so as to avoid it ever being desecrated again, and to forever more soothe the resting spirits with dance songs and flute. Recognizing his story was entertainment, I made some half-hearted attempts to verify the story, finding a number of conspiracy theory websites. Each site reiterated the story but added its own spin. One lost credibility when it interwove alien influences and another when it described a series of seven levels below DIA that would house people

4 The Docket I December 2012

elle L. Demkowicz. MVL is working with the Denver Indian Center to provide this important new service. At the clinic, attendees are greeted by attorney volunteers of the DBA who listen to their legal issues and provide on-the-spot advice. In some instances, the advice may be simply a referral to a lawyer specializing in the area of their problem or to an administrative body that can assist them to resolve their problem. Most of the issues are the same character as those served by many of our other clinics, such as employment, domestic relations, bankruptcy, and foreclosure. Occasionally, a problem pertaining to tribal or federal law and associated jurisdictional issues may arise, but there are volunteers on hand who specialize in these areas as well. I recall seeing the movie “Flapping

Wednesday of each month (Dec. 5) to offer these great Americans a hand. To find out more about the Native American Law Clinic, visit bit.ly/TvTjkH or contact Dianne Van Voorhees at diannev@denbar.org. A mentor, who will make your first volunteer appearance painless, if not downright enjoyable, will be waiting at the door to welcome you with open arms and assist you with your advice and counseling. Substantive knowledge in one or more of the areas in which the issues ordinarily arise of course would be a huge bonus, but it is not a prerequisite. Persons with the necessary expertise in the substantive law areas will be there to associate with you in providing sage advice. D

Standing the Heat, in the Kitchen and in the Courtroom Four Attorneys Share Their Love for Culinary Pursuits by S ar a C ro cke r

ooking. It’s a way to gather friends and family. A good use of the right side of the brain. Relaxation. An outlet for creativity. To some, it may seem like an anomaly that people in such a formal, rule-driven career as law would take up a skill that has evolved based on breaking rules and adapting ideas on the fly. Four attorneys share how they were drawn into the kitchen and how it continues to be an important part of their lives, even while they maintain a fast-paced career.

Stepping into the Kitchen For Karissa Donnoe, Jay Fernandez, John Vaught, and David Zisser, cooking is an intense hobby, if not an outright passion. Though each of these attorneys shares this same interest, they each came to cooking in her or his own way. Before becoming an attorney, Fernandez worked as a chef locally and in the Pacific Northwest, even splitting his time as a deep-sea diver. Growing up in California, he learned to cook at an early age from his mother, who ran a cooking school at a vocational college. “From the time I could see over the stove, I was cooking,” said Fernandez, a small-firm attorney based in Longmont. “I just love cooking. When I was 12 years old I’d come home and cook dinner for the whole family.” On the other end of the spectrum, Zisser said cooking wasn’t exactly emphasized in his home growing up, and his mother to this day jokes that they all ate her food because they didn’t know any better. Zisser had to learn to cook out of necessity while in college and law school. “How I got into cooking was more of a practical thing after my freshman year in college when I lived in the dorms. I shared an apartment with a friend and we had to cook, so just out of necessity I started cooking and I actually enjoyed

it,” Zisser said. Pierre Franey’s “The 60-Minute Gourmet” was an influence and taught Zisser more about food and cooking. “That was a really good introduction to doing different kinds of things that were a little fancy or unusual but weren’t super time consuming and didn’t take a particularly fine-honed technique,” said Zisser, of counsel with Davis Graham and Stubbs. While in law school in Houston, Donnoe wanted to focus on two of her passions, running and healthful eating. “Food is a culture there, I wanted to give my perspective on trying to eat healthy in a city that is all about overdoing everything,” Donnoe said. She launched the blog CardioFoodie, offering insights on cooking quick and easy meals (she credits her mom as the person who taught her about cooking), fitness, and surviving law school. Just as a new culture impacted Donnoe’s views of food and cooking, so did the military for John Vaught, a partner with Wheeler Trigg O’Donnell, while he was serving in the Navy in Vietnam. “I had been a picky eater as child, and even as a young adult,” Vaught said. But that had to change when he and two other officers were invited to a local religious leader’s home for dinner. The entrée was eel coiled in a bowl of coconut milk. “The only thing on the table I was willing to eat was rice and sliced cucumbers—and, out of desperation, I fell in love with cucumbers that night,” he said. “In addition to a new love for cucumbers, I also came away that night with the sense that I was missing out on a world of fine food, and that my attitude needed to change.” And it did. Vaught opened himself to experiencing the food of Vietnam, and then was stationed in Naples, Italy. He lived next to a family who showed him the culinary delights of the country. “They introduced me to pressed olive

Karissa Donnoe

Jay Fernandez

John Vaught

David Zisser, with his sous chef, Samantha Thomas.

December 2012 I The Docket

oil (17 cents a liter), home-canned tomatoes, fresh basil, not to mention the art of making wine from grapes stomped by their daughters. I was introduced to wood-fired ovens, pizza margarita, and spaghetti carbonara,” he said.

more ideas for cooking. Moderation and careful attention to food labels are a good start. She also loves to incorporate vegetables, especially spaghetti squash, as a base for a dish that could normally be heavy, like a casserole.

Finding Time

Cooking Traditions for the Holidays

When it comes to fitting in time for these culinary pursuits, Donnoe suggests starting by finding staples, those meals that you always enjoy, and use them as a jumping off point. As of late, Zisser has been focused on Asian cooking, and enjoys trips to the Pacific Ocean Market in south Denver on weekends. It’s benefited him in two ways: allowing him to put together a weeknight meal quickly and helping him to focus on healthful eating, with lots of vegetables and less protein. For Fernandez, it’s simple: “I just make time.” He and the others note the importance of being a weekend warrior and using that time well to prep for the week, which will mean less time in the kitchen during more hectic weeknights. It’s a good time to make a stock, cook in bulk and freeze items, or plan a large family meal, without the pressure of the next day’s work looming. There’s plenty of ways to get healthy by cooking at home, too. Donnoe harnessed the Internet and the connections she created in the healthy living blog community to really expand her culinary repertoire and get

This same attention to health continues during the holidays for Donnoe. Her focus on making items healthier is to add more herbs, spices, and garlic to pack in more flavor with fewer calories. She’s found ways to make lighter versions of the fan-favorite but calorie-laden green bean casserole and cut the sugar in pumpkin pie. “Basically I just research a lot,” said Donnoe, who since graduating has worked as a finance consultant in Denver. Nevertheless, there are still those old favorites. Donnoe always requests her great-grandmother’s sourdough rolls, which she says are so good they don’t need butter. Fernandez loves to make prime rib with au jus and Yorkshire pudding, but he also mixes up the meal with new recipes he creates, like chestnut puree. He looks forward to passing on cooking traditions (such as baking cookies) to his daughter. Since she’s been able to sit up, Fernandez has had her in the kitchen with him. “One of my favorite things is passing it on to her,” he said. For Vaught, the holiday meal that

never varies is on Christmas Eve. He makes his mother’s gumbo, Caesar salad, sourdough bread, and bread pudding. Holiday traditions have evolved and changed in Zisser’s life—some years he has made goose but others he has made brisket. Somehow, one thing seems to remain constant: He always manages to clog the disposal, “usually putting too many onion peels or potato peels or stuff like that.”

Cooking: Doing Something New and Unique And, there is even an aspect of left-brained activity to cooking. Zisser said he finds cooks from America’s Test Kitchen helpful because they focus on how to make a recipe better, and they show home cooks how they tinker with a recipe to make it the best. Fernandez echoed his sentiments, saying that his approach to cooking has always been scientific, but adds, “You have to have this passion [for cooking], and it really is doing something new and unique.” Fernandez loves to share his food. He fills in for the chef at the Longmont Meals on Wheels when he is on vacation, and Fernandez gives friends and family his homemade salsas, spaghetti sauce, bouillabaisse, Creole sauce, smoked meats, and even home-distilled gin and absinthe. It’s his way of making things easier, and a little tastier, for people. “My real passion is I hand-craft foods,” Fernandez said. “I just love giving joy, and I don’t mean that sarcastically.”

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From Their Kitchen to Yours Attorneys Karissa Donnoe, Jay Fernandez, John Vaught, and David Zisser agreed that cooking is most rewarding when it can be shared with others, especially around the holidays. These recipes have become standards for their holiday gatherings.

(Not) My Mother’s Brisket From David Zisser, adapted from Gail Zweigenthal’s “My Mother’s Brisket,” which appeared in the December 1995 issue of Gourmet. Ingredients: 5-to 6-pound first-cut beef brisket 3 tablespoons vegetable oil 3 large yellow onions, about 3 pounds, cut into ½-inch pieces 2 or 3 large garlic cloves, or to taste, minced 1 teaspoon paprika, preferably Hungarian ¾ teaspoon salt ¾ teaspoon freshly ground pepper 1½ cup red wine 1½ cup beef stock Preheat oven to 375 degrees F. In a Dutch oven or other heavy baking pan large enough to hold brisket, heat 1 tablespoon oil in oven 10 minutes. Pat brisket dry and season with salt and pepper. Roast brisket in pan, uncovered, 30 minutes. While brisket is roasting, in a large heavy skillet cook onions in remaining 2 tablespoons oil over medium-low heat, stirring, until softened and beginning to turn golden. Reduce heat and stirring, cook onions until deep golden. (This is probably the most important step; don’t rush it.) Stir in garlic, paprika, salt, and pepper and cook 1 minute. Stir in red wine and stock and bring to a boil. Spoon onion mixture over brisket and bake, covered, with lid ½ inch ajar, 3½ hours, or until brisket is tender. (Check pan every hour and, if necessary, add water.) Remove brisket from oven and let it cool in onion mixture 1 hour. Remove brisket from the pan and wrap in foil until ready to serve. If not serving for several hours or until the next day, refrigerate.

Spoon onion mixture into a 1-quart measure and chill, until the fat congeals and can be easily removed. Preheat oven to 350 degrees F. Discard fat from onion mixture, add enough water to mixture to measure 3 cups total, and in a blender blend gravy until smooth. Slice brisket against the grain (thick or thin, as you prefer). In a large ovenproof skillet heat gravy until hot, add brisket, and heat in oven 30 minutes. *A note from Zisser: Because no Jewish mother of my mother’s generation has (or will admit to having) measuring cups, spoons, or scales, all quantities should be considered approximate, or to taste. Serves 8 to 10.

Chestnut Puree From Jay Fernandez. He developed the recipe after reading about Chestnut trees in America. He serves it like mashed potatoes. It’s a fun side for the holidays because “it’s delicious and nobody has had it before,” Fernandez said. Ingredients: 1½ pounds roasted and shelled chestnuts 3 cups chicken stock 1 medium rib of celery 1 teaspoon salt 3 tablespoons butter ½ cup heavy cream ground black pepper and sugar to taste Place the chestnuts, stock, celery, and salt in a saucepan. Bring to a boil. Reduce heat to low, partially covered, and simmer for 45 minutes. There should be about 1 to 1 ½ cups of cooking liquid left. Puree mixture along with cream and butter in a food processor until smooth. Push mixture through a sieve to remove any lumps. Adjust seasoning with additional salt, pepper, and sugar to taste. Serve warm with a small dollop of butter. Serves 8 to 12.

Great-Grandma’s Sourdough Rolls From Karissa Donnoe, whose greatgrandmother still makes these rolls in

Lafayette, Ind., each year for the holidays. Ingredients: Sourdough Starter— ¾ cup sugar 3 tablespoons instant potatoes 1 package yeast Sourdough Rolls— ½ cup sugar ½ cup corn oil 1 cup stirred sourdough starter 1½ cups warm water 6 cups bread flour 1 teaspoon salt Mix dry starter ingredients and stir in 1 cup of very warm water with a wooden or plastic spoon. Let stand 8 to 12 hours. Mix all ingredients for the rolls in a very large mixing bowl. (Batter will be stiff and sticky.) Cover bowl of dough with plastic wrap and let sit overnight. Punch the dough down and knead three to four times. Divide dough into three parts and knead each one-third on a floured surface 10 times. Place each section of dough into a greased loaf or muffin tin and gently stretch dough over the bottom. Lightly brush dough with oil and cover with plastic wrap. Let dough rise in warm environment for 5 hours. Bake at 325 degrees F for 30 to 45 minutes or until lightly golden brown. Remove from pan and let cool. Each third of dough will make one loaf of bread or can be made into 12 rolls.

Rich and Famous Gumbo John Vaught’s mother discovered this recipe for seafood gumbo in Louisiana in the 1960s and it was a hit at her dinner parties. It was published in the Denver Junior League’s “Crème de Colorado” cookbook. Vaught makes this gumbo every Christmas Eve for his family. Ingredients: Roux Mixture— ½ cup vegetable oil ½ cup all-purpose flour 4 celery stalks, chopped 2 medium onions, chopped 1 small green bell pepper, Kitchen, continued on page 20 December 2012 I The Docket

What Looks Good for the Future? by Tim Corcor an

e know the business of practicing law is evolving into … something. But what? That’s the question the College of Law Practice Management wrestles with each year at its annual Futures Conference. With some of the best minds on the topic on hand for the conference in October in Washington, D.C., the sessions were reliably provocative. Tim Corcoran reports back on what he heard that got him thinking.

Refocusing on Value At the 2012 Futures Conference, the wide-ranging discussion included topics from diversity to the evolving role of law firm leaders to value billing and much more. But here are five things I found particularly intriguing.

1. It’s possible for corporations to obtain 100 percent of all legal services using alternative, value-based, non-hourly billing methods. Jeffrey Carr, general counsel of FMC Technologies, simply refuses to invest any of his significant budget for outside counsel on data, which he believes to be a commodity. He happily pays premium fees, however, for advanced know-how and partner expertise, all of which is based on his patent-pending Alliance Counsel Engagement System (ACES™) model. Jeff can sound unsympathetic when addressing outraged partners who believe such an approach puts the traditional law firm model at risk. But, to the surprise of some, he says corporate counsel must accept their share of responsibility for allowing the flawed model of hourly billing to persist for so long.

2. Moving away from management by consensus. Managing partners rec-

ognize that successfully leading complicated enterprises requires modern business practices. They also know that means moving away from the inefficient and largely ineffective management-by-consensus model.

8 The Docket I December 2012

“The new breed of law firm leader recognizes the critical necessity of strengthening the firm, even though the policies necessary to achieve this outcome tend to weaken the traditional stranglehold of top rainmakers on the firm.” And by golly, they won’t stop until they have every partner’s agreement that this is the right approach! Kidding aside, there remains a tension between partners who, by nature of the partnership business form, have a right and obligation to assert themselves in ownership decisions, and who generally lack formal business training, leaving any number of their policies suspect. The new breed of law firm leader recognizes the critical necessity of strengthening the firm, even though the policies necessary to achieve this outcome tend to weaken the traditional stranglehold of top rainmakers on the firm. Until this tension is resolved, law firm leaders are competing at a significant disadvantage.

lined process that provides predictability and actionable intelligence. • Seyfarth Shaw was lauded for its SeyfarthLean program, an adaptation of the Lean Six Sigma principles. Combining time tracking with task codes, process maps, and a continuous improvement mindset, Seyfarth has reduced multiple legal tasks to only the steps that matter, embraced e-billing, metrics and analytics, proactively collaborated with other firms that have existing expertise rather than re-create the wheel—and dramatically improved client satisfaction and retention in the process.

3. “Everyone talks about the weather, but no one does anything about it.” In

4. The British aren’t just coming—they’re here. The Legal Services Act that

the legal marketplace that might as well be “Everyone talks about legal project management, but no one is really doing anything about it.” But two law firms earned distinction for investing significant time and energy in service delivery programs that reduce prices, reduce costs, improve quality and consistency, and create more loyal relationships with their clients. • L abor powerhouse Littler Mendelson launched Littler CaseSmart, which combines a technology platform with process know-how gained through years of practice, delivered through a combination of flextime lawyers and full-time lawyers. The result is a stream-

was passed in the United Kingdom allows for outside investment in law firms, following on the heels of similar legislation in Australia. Several law firms have taken advantage of this new approach to accessing capital, establishing boutique firms staffed by premier firm refugees, adopting more modern business practices … and notably establishing a foothold in the U.S. And while U.S.-based firms are unable to capitalize in this fashion, some have nonetheless adopted an approach to client service, billing, and legal services delivery that will position them as solid investments with appealing multiples and significant growth potential if legislation of this type comes to the states. Just as

the recent global recession upended conventional wisdom about, say, the immutable law of nature that residential property values always go up, these law firms have demonstrated that a firm can eschew hourly billing and yet grow profitably by focusing on efficiency, client satisfaction, and predictability. The jury is still out on whether the U.S. will adopt U.K.style rules for law firm governance, but the evidence is already clear that such approaches can be quite lucrative. 5. Finally, and perhaps a bit wistfully. I observed that many of these conversations have taken place year after year at the Futures Conference, and yet the vast majority of the legal marketplace clings to outdated views of how to manage a law practice. To clients, it’s frustrating to hear talk of change in terms of how it disrupts the traditional law firm model. As one general counsel scoffed: “I’m sick of hearing of alter-

native fee arrangements. In the business world, we call billing based on the value of the goods or services delivered simply ‘billing.’ The faster law firms realize that their reluctance to embrace change will put them out of business, the faster we can get to the business of evolving together.” Perhaps there will come a day, not too far ahead, when the market changes discussed at the Futures Conference will be so commonplace that we can simply call it “The Conference.” D Timothy B. Corcoran provides advisory services to law firm leaders in the areas of legal project management, alternative fee arrangements, business process improvement, and business development. Corcoran blogs frequently at Corcoran’s Business of Law Blog (corcoranlawbizblog.com). He is the President-elect of the Legal Marketing Association and a Fellow of the College of Law Practice Management.

This article originally appeared on Attorney at Work (attorneyatwork.com) on Nov. 9. It is reprinted here with permission.

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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, content, or member announcements to Editor Sara Crocker at scrocker@cobar.org.

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Holiday Gift Guide

For Everyone on Your List, We’ve Got the Perfect Gift

’T

is the season for giving, and we know that attorneys can have a list that includes family and friends, as well as colleagues and clients. Our Docket contributors have compiled a gift guide sure to please anyone on your holiday list. Contributor Randie Thompson offers some important advice: Be sure to gift-wrap, even your wine bottles, and include a short, personal message to the recipient. These small touches make gifts much more meaningful. Isn’t that the whole point? Happy giving!

For Your Foodies and Gourmands

For friends and neighbors, gift certificates to neighborhood specialty markets are always well received. Marczyk Fine Foods and Tony’s Market (multiple Denver locations), both offer convenience in addition to indulgence. And for the foodies in your family, a cookbook is as sure a bet as you'll find. My recent favorites include “Home Cooking with Jean-Georges” and “The Cook’s Illustrated Cookbook: 2,000 Recipes from 20 Years of America's Most Trusted Cooking Magazine” (both around $25, available on amazon.com and absolutely user-friendly!). To personalize this gift for a spouse or partner, include a handwritten note offering to prepare the meal of their choosing. For work colleagues, the simplicity of a good bottle of wine makes it the perfect holiday gift. For ample budgets, Chateau Montelena’s 2009 Napa Cab ($52) is a classic choice. For the mid-range, consider the Camille Braun Cremant d’Alsace, a sparkler that is both festive and affordable ($24). More modest budgets can safely bet on

10 The Docket I December 2012

an approachable red blend, such as Kermit Lynch’s Côtes du Rhône (Cypress Cuvee) ($16). But, if you’re shopping for a true epicure, consider an experiential gift such as A Bottled Affair’s Wine & Chocolate Gift Set ($43) or a gift certificate to a food and wine tasting event (prices vary; localwineevents.com). The holidays present an opportunity to engage with your clients on a personal level, and what better way to express your appreciation to a client’s staff than a basket of fresh baked goods from a local bakery? (For plentiful gift baskets, starting at $75 and up, try one of Denver’s trendiest bakeries, Leaf & Crumb, leafandcrumb.com). If you’re gifting to an individual client, take it to the next level by including locally produced coffee or tea in the basket, or even a bottle of Bailey’s Irish Cream ($24, and sure to warm attorney–client relations). For the gift that keeps giving, consider an annual membership to a wine or cheese club. —Randie Thompson

Gadgets for Those Always Plugged In

Considering a tech gadget gift this holiday season? It can be fraught with potential issues, but the most important is to set a budget for what is appropriate for the relationship with the recipient, because the cost of tech gadgets can vary. Whether for your friends and family, colleagues, or client, there’s a gift for those gadget hounds on your list. For the inveterate jogger, frequent health club attendee, or the traveler on your list, consider a small, easy-to-attach MP3 player. Highly recommended are the Sansa Clip variants, starting

at about $35 (sandisk.com or amazon. com), as well as the iPod Shuffle, at $49 (apple.com). The Sansa includes FM radio; the Shuffle has superior sound. For the audiophile, consider the iPod Nano ($149) or the iPod Touch (from $199), also available at apple.com. A reader or traveler can use an e-book reader. The Nook Simple Touch, $99; the Simple Touch with GlowLight, $119; and Kindle Paperwhite, $119 (which has replaced the Kindle Touch) are leading options (available at barnesandnoble.com and amazon.com). Though Kindle leads the market, all are good readers. If the recipient borrows books from the public library, assure that their library supports the device you choose. Tablets are a great choice for the higher budget. At the lower end of tablets, the Kindle Fire starts at $159 (from $199 for the HD version; available at amazon.com). This is a good choice for the media-focused user (reading, music, and especially watching video). It is a weaker choice for Web-surfing or serious work. The Google Nexus 7 now comes in new Wi-Fi models that are 16GB (for $199) and 32GB (for $249; available at google.com/nexus). For work, the market leader is the iPad, but at a cost (starting at $499; available at apple.com). The new iPad mini starts at $329, and the previous generation iPad is available, from $399. The new Microsoft Surface tablet with Windows 8 is worth a look for someone trying to integrate with their office Windows environment (microsoft. com/surface). The base version with Windows 8RT starts at $499 but includes a version of Office 2013 (without Outlook). GPS is a possibility for someone without a navigation system in their vehicle. They start at $50, but a thoughtful gift will be a model with free lifetime traffic information, because that may be the most valuable feature. Major companies are Garmin (garmin.com), TomTom (tomtom.com), and Magellan (magellangps.com). A final note: Do not overlook refur-

bished items. They are more carefully inspected than the original “new” item and will save you some money (usually available at the vendor’s website, or occasionally on others like woot.com). Still stuck? Well, failing all else, you can opt for a gift card from iTunes, Google Play, or Amazon and let them choose. —Phil Shuey

Fresh Reads

For friends and family, I recommend David Eagleman's “Sum: Forty Tales from the Afterlives.” Eagleman, a brilliant neuroscientist in his day job at the Laboratory for Perception and Action and the Initiative on Neuroscience and Law at the Baylor College of Medicine, presents 40 versions of the afterlife, none probable but all possible (Eagleman styles himself a “Possibilian”). Eagleman’s is an original fictional form. The titular purpose of these 40 very short stories is exploring what may happen after we die, but the book is really about how we live. The less said about this book the better. Just read it. It may change your life; it will definitely broaden your perspective (eagleman.com/sum). No attorney should lose sight of why our job exists—why, at the most fundamental level, we do what we do. For those for whom law school and the philosophical underpinnings of our profession seem a distant memory, I recommend “Justice: What’s the Right Thing to Do?” by Michael Sandel. In this book, Sandel, an acclaimed professor of public philosophy, has encapsulated the teachings of his legendary Harvard course for undergraduates. Sandel addresses the dominant strains of philosophical thought informing our public discourse, from Plato through Kant and Rawls. Like the greatest teachers, he offers clarity of thought and historical perspective without dic-

tating answers to the difficult questions he poses. If the disease of the daily grind has caused you to forget the intellectual spark that led you to this profession, Sandel provides the antidote (justiceharvard. org). As an appellate criminal defense attorney, the majority of my clients are incarcerated. The two books already mentioned are sure to enrich anyone committed to exploring the depth of thought provided, but my clients typically need advice more grounded in immediate need. For the challenges facing these folks, I cannot recommend “Getting On After Getting Out: A Re-Entry Guide for Colorado” strongly enough. Authored by Carol Peeples and Christine Donner of the Colorado Criminal Justice Reform Coalition, “Getting On” provides the tools to navigate the incredibly difficult challenge of reintegrating into society after a stint in prison. The book plainly explains the legal landscape, the collateral consequences of conviction, and the steps to successfully staying above water for those re-entering society. The purpose is to remedy the condition well-expressed on the book’s back cover by Art Leonardo, executive director of the North American Association of Wardens and Superintendents: “The fact is that our business is way too popular. It’s so easy just to incarcerate people, put them away and just forget about them.” In a country where more than 3 percent of the population is under some form of correctional supervision, a resource like this is indispensable. Anyone practicing cr iminal defense, let alone our clients, should have a copy of this book (ccjrc. org/reentry-guide. shtml). —James Hardy

A Little Pampering

A pampered gift may be the perfect antidote for recovery from a stressful holiday season. For female friends, family members, and colleagues, a gift certificate to a spa or salon that offers a variety of services will allow her to try a new service, and still remain loyal to her regular hair stylist or nail technician. If you purchase a gift card from a particular spa or salon, make sure it is a place that you have visited and hold in high regard. Otherwise, a gift card from Spa Finder (spafinder.com) will allow her to choose from more than 4,500 spas worldwide. Many modern men, although they may not admit it, also enjoy certain spa services, such as massages and pedicures.

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For a manlier option, a gift card to an upscale barber shop or a spa that caters to men may be a welcome treat. Some barber shops also offer facials and scalp massages, along with regular haircut and shaving services. If you do not want the recipient to know how much money you spent on the gift, you may consider a spa gift basket or luxury shaving kit, from a website such as proflower.com, which will allow the recipient to enjoy a pampering experience. A spa gift may not be appropriate in all circumstances, such as for a client or colleague you do not know very well. If you do not know the person’s particular sentiments on spa or grooming treatments, a more conventional gift may be a better option. —Natalie Lucas

Gifts for the Home As so much of our time with family and friends centers around food, I’m particularly fond of gifts for the kitchen and tabletop. Specialty linens such as the Woodblock Print Napkins from wisteria.com ($20 for a set of four) make for a

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unique but affordable gift for the entertainer in your life. And the mixologist in your set will adore the Yarai Cocktail Mixing Glass ($36, cocktailkingdom. com), as functional as it is beautiful. Finally, for a truly “organic” take on kitchen art, check out the Manchester Glass Set offered for $128 on anthropologie.com. It’s a lovely way to store fresh herbs (or even sprout new ones). When it comes to decorative gifts for coworkers, gifts for the home are best. Such gifts not only show your recognition of life outside work, it also avoids any awkwardness that might result if a gift happens to conflict with your coworker’s own office style. If you do feel comfortable giving office décor, you’ll find a terrific selection at gumps.

com/office/desk-accessories. Their Small Frame Collection offers something for everyone, with prices starting at $55 per frame. For a truly unique home gift idea, make it personal by giving a handmade holiday wreath from a local florist. Denver’s City Floral offers gorgeous custom wreaths, with prices beginning around $45 (cityfloralgreenhouse.com). Decorative gifts for clients are most appropriate when you have a relationship that goes beyond the professional. In this case, it’s usually OK to go for a bit of whimsy. Fun serving pieces such as the Row Boat Salad Bowl ($65, uncommongoods.com) or the Mouse Cheese Board ($59, rshcatalog.com) are both functional and inspired. And if you’re looking to go big, the Zoffoli Desk Globe with Drink Cabinet ($230, atlasglobes.com) offers old-school charm to any executive’s desk. Another vintageinspired option to consider is the King Size Carousel Gumball Machine ($80 and up; available through antiquegumball.com). It’s sure to bring a smile to any client’s face. D —Randie Thompson

Holiday Cheer Can Lead to Fear of Ambiguous Office Politics by Beck y B y e

he holiday season has arrived yet again (though according to commercials and store displays, it began in September). Despite the extra days away from the office and the work slow-down many attorneys experience, the “season of giving” certainly gives attorneys a new source of stress and anxiety: ambiguous office politics and unwritten social expectations among workplace employees. For all attorneys, especially ones that are new to an office or job, the holidays are a true test of social diplomacy, which can make or break your social capital for years to come. Below is a breakdown of situations that occur during the holidays and how to best handle them. Holiday Parties: Most workplaces host formal or informal holiday parties. Remember, despite the free alcohol and food, this also serves as an evaluation. People are watching you and how you react to awkward comments and social situations. Do your best to be as benign as possible. You don’t want to be “that” person who had too much holiday punch and decided to really get people in the holiday spirit by being loud and sloppy, randomly laughing, especially during serious conversations, or purging what you consumed at the holiday party on the office floor as an embarrassing commemoration of how much fun you really had. By the time it gets to that point, your office will know how much fun you had, and they do not need a stain on the rug to serve as a reminder. Some attorneys may take advantage of the laid-back atmosphere of holiday parties to also show a laid back or inappropriate approach to dressing. Despite the context of the work party, you are still a professional and must remember you are mingling with professional colleagues. You are not at a college fraternity party. People will remember whether you showed too much skin, had a wardrobe malfunction, or wore any inappropriate attire. iPhone photos and unwanted Face-

book “tags” will only ser ve as reminders of these lapses in judgement. Get through the holiday party unscathed and you will pass this holiday obstacle successfully. As much as you think a holiday party is the time to let loose, it can also leave a lasting negative impression. Gifts: Holiday gift-giving in the office also can be awkward, depending on your relationship with your colleagues. Numerous questions always persist, such as do you purchase gifts for your boss? Co-workers? Legal support staff? If so, how much do you spend per gift? What if finances are tight? What if you don’t like these people? Also, once you determine your gifts’ recipients, what do you get them that is not offensive? Even worse, what should you do if you get a present you are not expecting only to have no present for that individual in return? All of these questions are ones you must confront every year, and to an even greater extent, for those celebrating their first holiday season with a new office. I suggest using your judgment and your specific circumstances to navigate how much you spend and to whom you bestow your gifts. (To alleviate some of this stress, we’ve got you covered with our gift guide for friends, colleagues, and clients on page 10.) I find some of the best gift options include gift certificates and wine or novelty food items. If you aspire to avoid the awkward gift-exchange altogether, you can send out cards to everyone at your office and note that instead of giving gifts this year, you will donate money to a charity in your office’s name, which is a win-win situation for all (and if you say this, you must follow through). Alternatively, if you do prefer to purchase gifts for co-workers but are still

worried that you might get a surprise gift from someone and would like to reciprocate, I suggest purchasing a variety of “catch-all” gifts and keeping them in your office just in case. If they go unused, you can always gift them next year or use them yourself. For example, you can keep an emergency stash of gift cards or boxes of fancy chocolate. Religion at the workplace: Whether you identify with any of the world’s religions or not, one’s religion or lack thereof is always a touchy subject among work colleagues and can often be a subject of controversy and heated discussions. If you are employed in a workplace of diverse religious perspectives, I suggest remembering this diversity during your discussions about holidays and holiday plans. Also, when wishing someone well, I suggest using “Happy Holidays,” because it applies to people of all backgrounds. Although the holiday season is concentrated at the tail-end of the year, your actions can leave unintended social consequences at the office for months or years afterward. Ultimately, try to maintain your status quo or even enhance your position in the workplace hierarchy by not embarrassing yourself and keeping a low profile. D Becky Bye may be reached at beckybye@gmail.com.

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Warm Welcome Makes a Difference to Countless Denver Families by R yan Jardine

or one mother, being able to take her children to the Denver Warm Welcome Court Child Care Center was a lifeline, and one that helped her finish her parole-mandated classes and education. “The mom said to me, ‘If this place hadn’t been here, I would have never made it through everything that I had to do. Because at least I knew when the kids were coming here they were safe, no one was going to hurt them, and they were going to be okay,’” said center Program Director Anne Conklin. This story has been repeated hundreds of times by parents who are called to Denver courts. Going to court is an experience that can create tremendous apprehension, fear, and tension. Plaintiffs, defendants,

For the last 13 years, the educators and staff at the center have worked tirelessly to alleviate this stress for parents, caregivers, and the youngest in our communities. Through this process, they have touched countless lives. The idea for the center began in 1994 out of a concern about children being brought to court proceedings that may not be appropriate for their age and understanding. The Denver Bar Association formed a committee to examine this issue and suggest possible solutions. At that time, other states, such as California and Massachusetts, had developed and established child care centers for those with business in the courts. Denver hoped to provide a similar service to members of the Denver community where young children could be sheltered from court proceedings in which their caregivers were participating.

of drama in the hallways, including occasional shouting and fights. In 1999, Colorado Supreme Court Chief Justice Mary Mullarkey set forth a policy that all new court buildings must have waiting areas that are family-friendly to ensure children are not unnecessarily exposed to court proceedings. After renovating the former Denver Visitors’ Center, donated by then-Mayor Wellington Webb and the city of Denver, the center opened for business in April 1999. Randy Livingston, president of the center’s board of directors and a co-chair of the original committee, reflected on the importance of collaboration in the center’s formation. “The Denver Bar Association was the source of an opportunity for the courts, the mayor’s office, the city council, and private donors to create a program that

“We had all seen children at the City and County Building, and we knew they could be disruptive and make it difficult for their parents to concentrate on the proceedings, but we really didn’t appreciate the seriousness of this issue until we started to investigate it,” said Joe Dischinger, a co-chair of the original DBA committee spearheading the formation of the center. and individuals on probation have to deal with the stress inherent in most courtroom experiences. The center provides child care for and education to children of parents and guardians who are required to report to the Denver County and district courts—one group that may internalize this anxiety and uncertainty at the highest level. “We see parents who are going through divorce, we see parents who are applying for a protection order, and we see parents who are trying to get custody of their children. We also care for a lot of children while their parents fulfill their probation requirements, including probation classes,” said Conklin, who has more than 30 years’ experience in early childhood education.

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improves court function, citizen access, and child well-being,” he said. “The opportunity flourished as a result of the daily work of the center’s staff in making the program succeed.” The center has two child care rooms, one for newborns to 18-month-olds and the other for 3- to 12-year-olds. Educational activities are very important at the center, and as part of the center’s experience, each child is given a book or a stuffed animal to take home. Sometimes, the harsh realities for families who use the center are realized following an appearance in court, especially when a child is brought to the center by a parent who then reports to criminal court proceedings. Sometimes following the court proceeding, this par-

ent is immediately taken into custody and put in jail. In those circumstances, a social worker will pick up the child from the center and facilitate this child’s placement in the foster system. “There are days when you feel very sad,” Conklin said. “When a parent is taken into custody and a social worker arrives at the center, it is pretty devastating to the child because the child is not expecting it. … Those are the situations that really tug at your heart strings.” Conklin and the rest of the center staff strive to provide a variety of services to assist the families who use the center. The center gives parents referrals to a variety of services within the community, including food banks, housing, social workers, mental health services, and child education programs. Children have been brought to the center in the middle of winter without some of the basic clothing necessary for cold weather. To try to meet these urgent needs of these children and their parents, the center has a clothing bank on

site, providing coats and warm clothes. Parents also can get access to literature on paternity, divorce proceedings, custody, and protection orders. “We try to provide as many services as we possibly can. The center makes the most impact on these families lives when they get a chance to get the support that they need going through a really tough period of time in their lives,” Conklin said. “The children feel safe and secure; the parents don’t worry about them when they’re here. In all those ways, I believe we have a very positive impact on the families.” D Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver. He m a y b e rea ched at r yan.jardine@ kutakrock.com.

Get Involved Members of the Denver community can help children and families who use the Denver Warm Welcome Court Child Care Center by donating. Donations sought included gently used clothing, books, and stuffed animals. Additionally, around the holidays the center collects coats, warm clothes, and boots for children and adults. This year, the center is also seeking activity books and small packages of crayons for children ages 3 to 12. The DBA’s Young Lawyers Division and Community Action Network Committee are collecting books, in English and Spanish, for the center through Dec. 7. For further details, see Briefs on page 23.

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Court of Appeals Weighs Right to Demand a Trial

by S co t t C h allinor

n an unpublished opinion issued earlier this year, the Colorado Court of Appeals addressed an important and

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heretofore undecided point of constitutional law under the Sixth Amendment. Specifically, the court of appeals was asked to answer the question of whether the Constitution provides a right to a

trial. Because the answer might seem obvious at first blush, further clarification is in order. Specifically, the court of appeals was asked to settle the long simmering debate as to whether the Sixth Amendment grants a constitutional right to a trial, even in the absence of criminal charges. In other words, does the Sixth Amendment provide citizens the right to demand a trial? The facts underlying the decision (case number 11CA0495) are as follows: The appellant, self-identified in his pleadings as “Unknown, Tim,” had been arrested and charged with a misdemeanor, specifically, “obstructing a peace officer.” The prosecution dropped the charges against him, and accordingly, Judge Charles T. Hoppin of the Jefferson County Court dismissed the case. Believing that this infringed on his constitutional right to a trial, the appellant sued the county court, seeking an order to compel prosecution and reinstate the charges against him. The case

“The appellant, self-identified in his pleadings as ‘Unknown, Tim,’ had been arrested and charged with a misdemeanor, specifically, ‘obstructing a peace officer.’ The prosecution dropped the charges against him … Believing that this infringed on his constitutional right to a trial, the appellant sued the county court, seeking an order to compel prosecution and reinstate the charges against him.” eventually made its way to the court of appeals following what was described as “multiple motions, civil complaints, and appeals of those complaints, each seeking to reinstate the charge or to compel the People to prosecute him or, as he now puts it, to afford him his ‘right’ to a trial.” On appeal, the appellant attributed his lack of legal authority to the fact that he “discovered” the right to a trial—absent criminal prosecution— before anyone else. In overcoming this argument, the court of appeals cited the following text from the Sixth Amendment: “In all criminal prosecutions the accused shall enjoy the right to a speedy

and public trial.” Employing a technical reading of this language, the court went on to note that, “Here, there is no criminal prosecution and [the appellant] is not ‘accused.’” The appeal was, therefore, dismissed for failing to state a claim on which relief can be granted. Having answered the question in the negative, the court of appeals’ decision will have an immediate and far reaching impact on countless bored, innocent, law-abiding citizens who may have sought a novel diversion through the courts to occupy their free time. The Docket will continue to follow this case as it develops and works its way

through the court system, including any possible appeals to federal courts. In the meantime, if you anticipated occupying free time through the exercise of your constitutional right to a trial absent criminal charges, alternate diversions are recommended. D Scott Challinor is an attorney with Davis Graham & Stubbs LLP who specializes in ERISA and tax law. He may be reached at scott.challinor@dgslaw.com.

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A Winning Hand by Dav id L . E rick s on

admit it, I occasionally buy lottery tickets. Not often and never in great amounts. Here is the way I analyze it: The published odds of winning the Colorado Lotto jackpot—that is, correctly matching all six of the 42 possible numbers—are one in 5,245,786. Looking at it another way, if I were to buy one ticket every day, 365 days a year, then I might win after 14,372 years. These odds are certainly not promising. If I were to buy 10 tickets a day, however, I might win after 1,437 years. Going further, if I were to buy 100 tickets a day, I might win after 143 years. Finally, if I were to buy 1,000 tickets a day, I might win after 14 years. These numbers are just rounded off, but you get the picture. Looking at this situation another way: Each time I buy a ticket the odds are 5,245,786 to one. Thus, every time I buy a ticket the odds are always the same. They never get any better. But if I were to buy two tickets instead of one, then the odds should double; that is, they would be twice as good or 2,622,893 to one. Further, if I were to buy 10 tickets instead of one, then the odds become 524,578 to one. Finally, if I were to buy 100 tickets instead of one, then the odds become 52,457 to one. Now, this is more reasonable. This gives a guy a real fighting chance at the big prize. I know that luck plays into this, but

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fate is also involved. Some things are destined to be. But you have to recognize it when it is handed to you, in plain sight, right before your eyes. You then have to seize the moment, be bold, be positive, forge ahead, never look back, grab the brass ring, and go for the gold. After all, that’s what life is all about isn’t it? A couple of years ago I went to the supermarket to get cash from the ATM machine. I slid my debit card in the slot, punched in the required codes and out came 10 $20 bills, which I promptly placed in my wallet. On leaving the store, I passed the service counter where they sell miscellaneous items including lottery tickets. I paused, approached the counter, and asked for one $1 Colorado Lotto ticket. I then pulled a $20 bill from my wallet and noticed that it had written across the face, in large bold red letters: “1660.” This was the street address of my

longtime office. What chance, what luck, what fate! A sign had been sent. The time was right. This was it. It was my turn to cash in on life. I immediately changed my request to 20 tickets. What came of it? Nothing! No way, no how, nada, a great big zero! Not one penny. But how could this happen? All the elements were right. The stars and planets were aligned. I must have missed something. Something obvious, something plain must have been overlooked. After reflection, I think I now know the answer. You see, I was holding the bill upside down and rather than reading “1660” like I thought, it really read “0991.” It’s now obvious. It’s clear. My time will come again. I can feel it. Next time, though, I’ll be sure to check the bill both ways. D

Members Share Holiday Memories, Near and Far from Home by M ary D ilw ort h

his is time of year that people are reflective, giving thanks, and pulling family closer. Each year can bring its struggles and its triumphs, and we look to 2013 and hope it will be a good year. Despite busy work schedules and lives, we need to make time for the things that mean the most to us. We asked fellow bar association members to share some of their favorite memories and traditions around the holidays— from the near disastrous to the idyllic.

Chris Little, a former president of t h e De nve r B a r Association, found himself stuck in the Blizzard of 1982 on Christmas Eve, marooned in his car, when he was a sophomore at the University of Colorado. He was out running errands with his dog Baron in his Jeep. “This truck had the same tires it had when it was purchased in 1959—bald,” Little said. “You had to use the choke to start it and there really was no heater. I headed out on Arapahoe and after an hour I made it to Yosemite. Then I got stuck—the truck had slipped into the ditch and was not going anywhere.” He tried, in vain, to dig the truck out, but finally conceded and walked to a nearby Holiday Inn. He used a pay phone to call his mom, who advised him to “stay put.” “Reports suggest it was snowing as much as three inches an hour, but I decided I was not going to spend Christmas Eve in a Holiday Inn,” Little said. With no money, but family nearby, he headed west. “There was no one on the road and Baron and I set out,” he said. “I think I probably started getting concerned when it was dark, no cars out, and we were only halfway there. There was probably two feet of snow on the ground and the winds

were freezing.” But, a savior in a Subaru suddenly pulled up, with all its four-wheel-drive glory, and delivered him and Baron safely to the house of his cousin, Lynn Gossett Kubiak—today the deputy clerk for the Colorado Supreme Court. “We had a blast that evening. It was Christmas, I was with family, and we were safe,” Little recalled. “I remember the sky the next day was an incredibly deep blue and I was able to get home— when just 24 hours earlier the blizzard winds made it impossible to see across the street.” “But, the whole story comes down to the realization that I need to be grateful and thankful for the love of family and the kindness of strangers,” he said.

Marshall Snider, The Docket’s resident travel editor, has had many adventures overseas dur ing the holidays. One year, he and his wife were on the Samoan island of Savai’i staying at a beach house. “We tried to cobble together something that looked like a holiday dinner,” Snider said. “Of course, the village store did not carry turkeys, but chickens were everywhere. We also wanted a lime for cooking (or we were trying to make margaritas, I forget which). We were informed that limes were not grown or sold on the island, but as we left the village store we spotted a lime on the floor. We bought it; our own Christmas miracle lime.” That same year, they were invited to the village Christmas party. Christmas trees were decorated with canned goods—tins of tuna, salmon, and baked beans hung from the trees—and partiers were free to take whatever they needed. They spent a different Christmas in the Australian Outback, where temperatures topped 104 degrees. It was particularly surprising for them to wit-

ness the local radio station drop Santa Claus into town by helicopter. He was in his full suit, despite the heat, passing out gifts to children. “It was really interesting to see how people in places far from home, who didn’t have a lot of materials things, were still able to put together a wonderful holiday celebration with lots of family and friends,” Snider said. “We felt lucky enough to be a part of their tradition.”

Mike Shea served two tours of duty in Iraq as a Blackhawk medevac pilot and did a tour of duty as a helicopter pilot in Vietnam with the U.S. Marine Cor ps. He spent his holiday in 1972 ab oard the U S S Tripoli, which had been cruising off the coast of Vietnam. They were sent to Hong Kong for rest and relaxation for the holidays. With irregular mail and no Skype or satellite phones, he got a surprising greeting when he got on the line with his mother. “I hadn’t talked to anyone at home for months, and when I got to call home my mother said, ‘The good news is that your brother is alive. The bad news is that your car is totaled, but they did manage to save the tires,’” Shea recalled. “I had let my younger brother borrow my 1968 blue MGB while I was gone. I was just glad he was alive. What I learned later, after returning home, was that sometimes miracles do happen. Someone was looking out for him that day.” In 2007, Shea found himself again on duty during the holidays. This time, he was stationed at Camp Adder in Iraq. “We didn’t have a Christmas tree, but we had pallets of great goodies from the folks at home,” Shea said. “In fact, your generosity was so great that we didn’t have room to store all the shipments, so we celebrated by sharing with our coalition colleagues from Australia, Nigeria, Great Britain, Germany, and a December 2012 I The Docket

host of other countries. They couldn’t believe the tremendous support that the U.S. forces were getting from home.” When former Colorado Bar Association President John Moye has his family—all 16 children, step-children and their spouses, as well as their 16 children—over for the holidays, it’s a whimsical affair. “As soon as it gets dark, we have a horse-drawn sleigh with Santa Claus and Mrs. Claus come to the house (two very good friends of ours who dress up in Santa costumes). In the sleigh are presents for all of the grandchildren (some of whom are old enough to know about the reality of Santa Claus, but are hedging their bets because he still brings presents for them),” Moye said. “The children then take turns riding in the sleigh with Mr. and Mrs. Santa around the park behind our house so they can have some private time with

Kitchen, continued from page 7 seeded and chopped 1 clove garlic, minced ¼ cup minced fresh parsley ½ pound fresh okra, sliced, or one 10-ounce package frozen sliced okra 2 tablespoons butter Gumbo –

Santa.” Naturally, some of the older kids ask challenging questions of him, Moye said, like why Santa brings a sleigh drawn by horses instead of reindeer, and how he can manage to spend so much time with them on his busiest night of the year. But, after some fun and several turns around the park, Santa finally waves to all of them as he disappears back into the park and shouts, “Merry Christmas to all and to all a good night.” Thanks to everyone who generously shared their holiday memories and traditions with us. We wish you and your families best of holidays and that you can spend it with family and friends. D Mary Dilworth is a marketing consultant for Colorado Bar Association CLE and other legal organizations. She may be reached at mdilworth@cobar.org.

1 quart chicken broth 1 quart water ¼ cup Worcestershire sauce 18 dashes of Tabasco sauce ¼ cup ketchup 1 medium tomato, peeled and chopped ½ teaspoon salt ½ pound Andouille sausage (New Orleans-style sausage), sliced 1 bay leaf 1/8 teaspoon dried thyme 1/8 teaspoon dried rosemary ¼ teaspoon crushed red pepper flakes 1 cup diced cooked chicken 1 pound crabmeat 2 pounds shrimp, peeled and deveined 1 teaspoon molasses ¾ to 1 cup cooked white rice per serving In stockpot, combine oil and flour and cook over low heat, stirring constantly, until roux is the color of a copper

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penny. This could take 1 to 1 ½ hours. Do not let roux burn. Stir in celery, onion, green pepper, garlic, and parsley. Cook for 45 minutes, stirring occasionally. In skillet, cook okra in butter until browned. Add to roux mixture and stir over low heat for 5 minutes. At this point, mixture may be cooled, packed and refrigerated or frozen for later use. Add chicken broth, water, Worcestershire, Tabasco, ketchup, tomato, salt, sausage, bay leaf, thyme, rosemary, and red pepper to roux mixture. Simmer covered for 2 ½ to 3 hours, stirring occasionally. Thirty minutes before serving, stir in chicken, crabmeat, shrimp, and molasses. Pack cooked rice into a measuring cup and turn cup over in individual soup plates to form an island of rice. Ladle soup around rice mound. Since preparation time is long, consider making roux mixture one day and completing the gumbo the following day. It is well worth the effort, and gumbo freezes beautifully. Makes 4 quarts. D

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BRIEFS Support MVL for Colorado Gives Day, Dec. 4 For the third year, the Denver Bar Association’s 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 at midnight on Dec. 4, donations will be taken online to local nonprofits like MVL. One hundred percent of your donation will go to MVL, supporting its mission to provide free and low-cost legal services to people in need. For more information or to donate, visit givingfirst.org/metrovolunteerlawyers.

Seniors Committee Holiday Lunch, Dec. 6 The Seniors Committee invites friends and colleagues to to share warm wishes and holiday cheer. The gathering will be held at noon on Thursday, Dec. 6, at the DBA offices, 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. 4.

DBA YLD and CAN Host Book Drive, Through Dec. 7 Join the Denver Bar Association Young Lawyers Division and the DBA’s Community Action Network Committee in collecting books in English and Spanish for the Denver Warm Welcome Court Child Care Center. Books needed are for children ages 6 months to 12 years. Please contact Heather Clark at hclark@cobar.org to sign your firm up for the drive.

DBA YLD Coffee Talk: Contempt in Colorado State Courts, Dec. 13 Learn how the contempt proceeding process works in both district and county court. Understand how to pursue or defend against contempt sanctions. This presentation will include both the perspective of a judge and a practitioner. Presented by the Honorable Raymond

Satter and Patrick Thiessen, the program will be held at 7:30 a.m. on Thursday, Dec. 13, at the Denver Bar Association offices, 1900 Grant St. Please email lunches@cobar.org to RSVP.

Gear Up for Lawyers’ League Basketball The Lawyers Basketball League will kick off its 2013 season in January. Games will be played at the University of Denver Hamilton Gym. The expected team entry fee will range from $625 to $750. Sign-up information was sent to last year’s team captains at the end of October. Captains who haven’t received the sign-up information or 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.

Call for DBA Awards Nominees

Save the Date: Barristers Benefit Ball, May 4 Get down and derby at this year’s 25th Barristers Benefit Ball on May 4 at the Hyatt Convention Center in Denver. The ball benefits the Denver Bar Association’s Metro Volunteer Lawyers, which provides free and low-cost legal services to people in need. To purchase tickets or a table at the ball, please visit cobar.org/ bball. For information about sponsorship opportunities, please visit bit.ly/Su8JVq.

Join a Committee! If you are interested in joining a DBA committee, call (303) 860-1115 for information. For a full list of DBA committees, visit denbar.org.

The DBA Awards Committee needs your 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 bit.ly/DBAAwards or email Heather Clark at hclark@cobar.org on 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 Thursday, Jan. 31.

December 2012 I The Docket

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24 The Docket I December 2012

December 2012 I The Docket

Legal

AFFAIRS GOOD THINGS Sheila Gutterman, president and co-founder of Gutterman Griffiths PC, has been honored by the Colorado Women’s ChamGutterman ber of Commerce with its once-a-year Lifetime Achievement Award for leadership and significant contributions to women in the community. Berenbaum Weinshienk PC shareholder Rosemary Orsini won the Colorado Italian American community’s Primo Award for 2012 Attorney of the Year. The Primo Award honors the best in Colorado’s Italian American community as determined by the community. The Denver Architectural Foundation (DAF) has added new board members and says goodbye to a longtime board member. New board members are Carrie A. Rodgers, Chair of the Construction Practice at the Denver law firm Moye White, and Rodgers Ed Naylor, Vice Chair of Moye White’s Transaction Section, who bring to the board years of experience with deals, nonprofits, and construction/design matters. Naylor was elected Naylor Board Secretary. DAF is saying goodbye to Don Bain of Bryan Cave HRO at the end the year. Bain has contributed his skills and support to DAF for 10 years. The Natural Products Foundation recently appointed attorneys Jim and Justin Prochnow from Greenberg Traurig to serve on its Legal Advisory Council. The father–son team has more than 20 years of experience advising the health food industry on labeling and advertising of consumer products.

Wheeler Trigg O’Donnell associate Mark Lyda was appointed by Colorado Gov. John Hickenlooper to serve a threeyear term on the Council of Advisors on Consumer Credit. Abrams & Associates, LLC is pleased to announce attorney Nathan Silver has joined the firm as co-counsel in litigation Silver matters. He brings more than 15 years of experience with him practicing in the areas of construction, real estate, general business law, and construction defect. For the 12th consecutive year, a team from the Denver office of McKenna Long The McKenna Long & Aldridge LLP & Aldridge Team p a r t ne re d w i t h Rebuilding Together Metro Denver in renovating the home of a local senior. This year’s project coincided with National Make a Difference Day on Oct. 27. A group of 10 attorneys, paralegals, and other staff members volunteered on this year’s project, led by attorney Tim Odil. McKenna Long & Aldridge also contributed financial support for this year’s project. The College of Commercial Arbitrators recently welcomed Joseph P. McMahon, arbitrator and mediator, as a new felMcMahon low. Sherman & Howard’s Stan R aine has been named to the board of directors of the Art Students League of Denver. Raine Raine is a member in the Public Finance Department in Sherman & Howard’s Denver office.

Jerome Joseph of Godin & Baity, LLC has been appointed Chair of DRI’s Fidelity and Surety Committee. Wilson Elser is pleased to announce that Suzanne M. Meintzer, an associate in the firm’s Denver office, will receive the 2012 Meintzer Angela Lujan Ogle Social Justice Award from the Safehouse Progressive Alliance for Nonviolence. Sherman & Howard attorney Milton (Skip) Smith recently was elected to the International Institute of Space Law Board Smith of Directors at its annual meeting in Naples, Italy. Smith joins 15 other space industry leaders and lawyers from around the world on the board. CHANGES Business law firm Ireland Stapleton Pryor & Pascoe, PC adds Matthew A. Court as an associate. Court will work with businesses, individuals, and special districts on matters involving employment law, business, and litigation. Kirch and Rounds, P.C. is pleased to announce that Julia F. Wilcox has joined the firm as an asscociate. Featherstone Petrie Wilcox DeSisto LLP announces that Luke Ragland has become an associate of the firm. Schuchat, Herzog & Brenman, LLC is pleased to announce new additions to its legal team. Michelle McDonald joins the firm as a managing partner. McDonald’s practice focuses on all aspects of commercial real estate, including development, leasing, and complex financing. Nikki Patterick joins the firm as of counsel in the corporate/securities

If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations, and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.

26 The Docket I December 2012

group, where she provides expertise on mergers and acquisitions, technology, and commercial transactions. Kip Wallen and Kaitlin Fox join the firm as new associate attorneys, with Wallen focusing on transactional and securities matters and Fox focusing on civil litigation and international trade. The law firm of Duncan, Ostrander & Dingess, P.C. is pleased to announce that Ryan P. McLane has joined the firm as an associate. McLane’s practice will emphasize water law, related litigation, and transactional matters. The firm also is pleased to announce that Andy M. Frohardt has joined as special counsel. Frohardt’s practice will emphasize eminent domain and real estate related litigation. Otten Johnson Robinson Neff + Ragonetti PC is pleased to announce the addition of Heather H. Park as an associate. Park will focus her practice on commercial real estate and litigation. Ritsema & Lyon, P.C. is pleased to announce that Douglas L. Stratton has joined the firm. He will be practicing in the firm’s Denver office. Attorney Jena R. Akin has joined the Denverbased law firm, Robinson Waters & O’Dorisio, P.C. as an associate attorney. Akin Akin will focus on antitrust and competition law, business entities, commercial disputes, reorganization and bankruptcy, as well as trademark and Mangum copyright infringement. Dorsey & W hitney hired David Mangum as an associate in the corporate practice group and Patrick Hall as an assoHall ciate in the trial practice group. IN MEMORIAM Robert Joseph “Bob” Golten was born on Feb. 18, 1933, in Chicago to Mildred Gordon Golten and Felix Golten. Golten died of lymphoma on Aug. 15. He grew up in Hyde Park, Chicago, received a B.A. from the University of Michigan (1954), and an LLB from Harvard Law School in 1959 after serving a two-year

stint in the Army. After law school, Golten embarked on a colorful career as a public interest lawyer. He worked as a litigator for the National Wildlife Federation and founded the clinical environmental program at the University of Colorado Law School. In the 1980s, Golten worked for a law firm in Boulder serving Native Americans. He served for several years as County Attorney in Summit County. In the early 1990s, Golten inaugurated the American Indian Law Clinic at the University of Colorado School of Law. In the late 1990s, he founded an International Human Rights Law and Advocacy clinical program at the University of Denver, subsequently moved to the University of Wyoming Law School. During this time, he also helped develop clinical programs at law schools in Slovakia, Azerbaijan, Uganda, Kyrgyzstan, Kazakhstan, and Moldova. Golten was married to Mary Margaret Golten (1970–1985) and for the past 21 years to Joan Brett. To read the full memoriam, please visit legacy.com. Long-time Denver attorney George Stivers Meyer died unexpectedly in California while hiking in late September in the Berkeley Hills with two friends from his childhood days. He graduated from Hastings College of Law in 1976, Order of the Coif. He was a staff attorney for the Federal Trade Commission, deputy disciplinary prosecutor for the Colorado Supreme Court Grievance Committee (precursor to Attorney Regulation Counsel), and was in private practice for several years representing professional licensed professionals, including attorneys, in ethics matters. He was AV rated. Recently, his practice has included plaintiff ’s employment law cases, mental health defense, and guardian ad litem cases as court-appointed counsel for the Denver Probate Court. Because he was a sole practitioner, his Inventory Counsel is Terry Tomsick, Esq., (303) 667-7433, who has been specially appointed to conclude his legal practice. Please advise her if you have any open cases with George Meyer so that she may assist you. Former Seniors Committee Chair James Bayer died Friday, Oct. 26, at the age of 87. Bayer was the DBA Seniors Committee Chairman from 2003 until May 2009, when he passed the torch to

current Seniors Committee Chair Don McMichael. He presided over many successful spring banquets, roasts, holiday parties, and golf tournaments, put on each year by the committee. Even after stepping down as chair he remained active in all senior events. Bayer was a legendary Denver family law attorney who was the principal author of Colorado’s No-Fault Divorce Law. He was a member of Bayer & Carey for 60 years. To read Bayer’s full memoriam, please visit legacy.com. BRICKS & MORTAR Dean, Dunn, & Phillips LLC has changed its firm name to Dunn & Phiilips LLC. Email address and website will not be changed at this time, nor regular mailing address and phone numbers. Robert Abrams is pleased to announce the relocation of his law firm, Abrams & Associates, LLC, to 700 17th St., Suite Abrams 650, Denver. The firm practices in the areas of business, contract, real estate, construction law, and construction defect matters. Abrams also practices in civil and commercial litigation. Kilpatrick Townsend & Stockton LLP announced today that it has opened an office in Shanghai, People’s Republic of China. Kenneth Chang, a leading intellectual property attorney who has practiced for more than 10 years in the firm’s Denver office, will serve as Kilpatrick Townsend’s managing partner of the Shanghai office. Charles Gray, an intellectual property associate in the firm’s Denver office, also has relocated to Shanghai. Nancy Pearl and Laura Schneider announce the formation of Pearl Schneider LLC, located at 999 18th St., Suite 1850, South Tower, Denver; phone, 303-515-6800. The firm is also pleased to announce that Marilyn SterrenbergRose and Natalie Lucas are joining the new endeavor.

December 2012 I The Docket

Dateson the

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

Nov. 26–Dec. 7

DBA YLD and CAN Book Drive Call Heather Clark, (303) 824-5350.

Dec. 3

Solo-Small Firm Holiday Party The Warwick Hotel 11:30 a.m.–2:30 p.m. Call Lauren Eisenbach, (303) 824-5372.

Dec. 4

Access to Justice Noon–1:30 p.m. Call Meghan Bush, (303) 824-5323.

Dec. 6

Democracy Education Noon–1:30 p.m. Call Meghan Bush, (303) 824-5323. Diversity in the Legal Profession Noon–1:30 p.m. Call Andrea Mueller Arias, (303) 824-5340.

Dec. 10

Docket Committee Meeting and Holiday Party Euclid Hall Bar & Kitchen 1317 14th St. 5:30–7:30 p.m. Call Sara Crocker, (303) 824-5347.

Dec. 12

DBA Young Lawyers 6–7:30 p.m. Call Heather Clark, (303) 824-5350.

Dec. 13

DBA Board of Trustees 7:30–9 a.m. Call Denise Lynch, (303) 824-5327.

28 The Docket I December 2012

Dec. 18

Community Action Network Noon–1 p.m. Call Kate Schuster, (303) 824-5312.

Dec. 24–25 & 31

DBA Offices Closed for the Holidays Happy Holidays!

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

Dec. 5

Lawline 9 4–6:30 p.m. Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call (303) 295-9470.

Dec. 11

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

Dec. 12

Lawline 9 4–6:30 p.m.

Dec. 18

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.

Dec. 19

Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m. Lawline 9 4–6:30 p.m.

Dec. 20

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

Dec. 26

Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m. Lawline 9 4–6:30 p.m.

December 2012 I The Docket

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THIS

New Attorneys Welcomed at Admissions Ceremony Attorneys who passed the bar in July were admitted to practice in Colorado on Oct. 29 in a special session of the Colorado Supreme Court. The Admission Ceremony, in which the 804 newly admitted attorneys took the Oath of Admission, was held at the Boettcher Concert Hall. Chief Justice Michael L. Bender presided over the ceremony, and Colorado Bar Association President Mark Fogg welcomed the new attorneys to the practice of law. Other esteemed members of the bar presented, as well. New and established attorneys stood together to take or renew their Oath of Admission to the practice of law.

Distinguished members of the legal profession, including Denver District Attorney Mitch Morrissey, Colorado and Denver Bar Association Presidents Mark Fogg and Jim Benjamin, were among those attending the special session and ceremony. From the Left: Colorado Lt. Gov. Joseph Garcia gave the keynote address. Colorado Court of Appeals Judge Russell E. Carparelli was presented with the American Bar Association Dispute Resolution Sectionâ&#x20AC;&#x2122;s 2012 Chairâ&#x20AC;&#x2122;s Award for Civility in the Law at the ceremony.

DBA Seniors Committee Roasts Chuck Brega More than 65 people gathered at the University Club on Oct. 22 to roast Charles F. (Chuck) Brega at the annual Denver Bar Association Seniors Committee Roast. Brega, a director at Fairfield and Woods, is a longtime litigator in Denver.

Above: Honoree Chuck Brega, center, stands with his roasters, from left Jack Berryhill, Bob Fullerton (who emceed the event), Stu Bennett, and John Birkeland. Center: Chuck Brega enjoys a laugh from his seat on stage. Right: DBA Seniors Committee Chair Don McMichael chuckles at a joke.

30 The Docket I December 2012

DBA Happenings DBA YLD Hosts Law Suit Days The DBA Young Lawyers Division held its annual Law Suit Days on Oct. 10 and 11 on the steps of the Denver City and County Building. Approximately 100 men’s suits and 200 pieces of women’s clothing were donated at the event. The clothing drive benefited Bayaud Enterprises, which provides vocational assessment, training services, and employment opportunities for people with disabilities or other barriers preventing them from finding employment on their own.

DBA YLD Chair-elect Matt Larson and DBA YLD Council member Joel Jacobson sat outisde the Denver City and County Building to accept donations during Law Suit Days.

Reception Connects Students and Judiciary The Second Annual Colorado Law Judicial Appreciation Reception was held Sept. 27 at Wheeler Trigg O’Donnell’s Denver office. The University of Colorado Law School works to facilitate interaction between its students and members of the judiciary. Photos by Liz Sullivan.

Colorado Court of Appeals Judge Richard Gabriel, U.S. District Court for the District of Colorado Magistrate Judge Boyd N. Boland, University of Colorado Law School Dean Phil Weiser, and CU Law ambassador and second-year student Becca Siever pose at the event.

First-year CU Law student Matthew George smiles with Colorado Supreme Court Justice Nancy Rice.

December 2012 I The Docket

32 The Docket I December 2012