2013 December

A Denver Bar Association Publication I Vol. 35 Issue 11 I December 2013

Not Just for Angry Birds Anymore—

Using Your iPad at Work

By Doug McQuiston

Inside Top Tech Gifts for 2013 Three Free Tech Tools to Improve Time Management & Productivity

by Ryan Jardine

Access to Justice Rally in Supreme Court

by Christine McManus VonGunden

Carlos & the Giant Beard: Why One Lawyer is Throwing Away His Razor for Charity

by Courtney Gibb

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Vol. 35 Issue 11 I December 2013 The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

ON THE COVER 6

Three Free Technological Tools to Improve Time Management and Productivity

8

Top 12 Tech Gifts for 2013

10

Using Your iPad at Work

12

Carlos & the Giant Beard: Why One Lawyer is Throwing Away His Razor for Charity

20

Access to Justice Rally in Supreme Court

FEATURES 4

From the President:Q&A with Judge Carparelli

15

Miracle on 34th Street: A thought-provoking legal movie

16

From Where I Stand

19

Infographic: DBA By the Numbers

22

Wellness Brief: Success Guide for the Holidays and Traveling

29

What (is it) About Bob?

4

8

10

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

THE DOCKET A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (by email) Dec. 16.

THE DOCKET COMMIT TEE: Christopher M. Achatz, Norman Beecher, Becky Bye, Scott Challinor, Julie Cuypers, Craig C. Eley, David L. Erickson, Emma E. Garrison, James R. Garts, III, Allison Gerkman, Loren R. Ginsburg, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Ruchi Kapoor, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Christopher Mommsen, Barbara J. Mueller, Siddhartha H. Rathod, Gregory D. Rawlings, Frank Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica

15 Vargas, Anthony J. Viorst, Dennis P. Walker, Mariya Yakovlevna Cassin.

DBA OFFICERS: Daniel R. McCune, President; John M. Vaught, President-Elect; Nancy L. Cohen, First Vice President; Richard M. Murray, Second Vice President; James G. Benjamin, Immediate Past President; Daniel A. Sweetser, Treasurer BOARD OF TRUSTEES MEMBERS: Erich L. Bethke, Jaclyn K. Casey, Catherine Chan, Janet S. Drake, Richard L. Gabriel, Nicholas Ghiselli, Barbara J. Mueller, Lucia C. Padilla, Andrew M. Toft, Matthew S. Larson; Chuck Turner, Executive Director EDITOR: Courtney Gibb, cgibb@cobar.org MANAGING EDITOR: Heather Clark, hclark@ cobar.org P.C. EDITOR: Chuck Turner, cturner@cobar.org

29 CHAIR: Ryan T. Jardine G R A P H I C D E S I G N E R : K a te S c h u s te r, kschuster@cobar.org ADVERTISING: Alexa Drago, adrago@cobar.org (303) 860-1115 • denbar.org/docket Copyright 2013. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336.

December 2013 I The Docket 3

From the President

Civility in Law: Q&A with Dan McCune and Judge Carparelli several years as a criminal case prosecutor under the Uniform Code of Military Justice and a couple of years as a criminal defender as well. And then after that, I became a trial judge in courts martial and served as a trial judge for two years.

Things were really quite civil, partly because the military is itself a profession. And among military officers, incivility is contrary to professionalism. In addition, the community of lawyers was small, so you were consistently working with and working against the same people.

We also had a real respect for duty and mission. We had a respect that the defender’s duty was to use the law in every way to provide a fair defense for the accused and the prosecutor’s duty was to ensure that the accused was treated fairly and prosecuted fully and that you didn’t carelessly place someone in jeopardy.

When you shifted over to private practice and civil litigation, did you see any differences in the degree of civility that the practitioners afforded each other?

Carparelli Dear Fellow Bar Members, In this fireside chat, I interview Judge Russell Carparelli about the significance of civility in the practice of law. One of the things I always valued about my experience in the Army JAG Corps was that my opponents in the courtroom could still be my good friends outside the courtroom. It allowed us to develop a trust in each other that benefited our clients and created bonds that still exist today. As a former military judge advocate, Judge Carparelli brings a wealth of experience and knowledge on this topic. He graduated from the U.S. Air Force Academy, and attended the University of Denver for law school. He served as a judge advocate in the Air Force, then went into private practice doing commercial litigation. For the last 11 years, he has been on the bench at the Colorado Court of Appeals.

DAN: You’ve seen the law in many forms — from the civil/ commercial practice side, the litigation side, and the military side. What was your experience like as a prosecutor and judge in the Air Force with the degree of civility among the military, defense counsel, prosecutors?

JUDGE CARPARELLI: When I was in the Air Force, I served 4 The Docket I December 2013

I handled some substantial cases against many lawyers and I did see the difference in civility. In one particularly hard-fought case, we were hammer and tong against one another. There were five defendants and each of them had separate counsel. There was one counsel on the other side of the case with whom we had a lot of conflict with at first. But eventually, we developed a real trust with one another, a mutual respect. With others, the conflict just never went away. It was very intense.

To what do you attribute some of that change — from what you saw in your military practice to the civil practice — as far as the degree of civility?

It’s hard to pin it down. I would say that the military profession and culture count for a lot — there’s the additional professionalism of the military. In the civil practice, I would say there are several factors. One is that the lawyers’ personal emotions get involved more.

For example, as a prosecutor or a defender, you’re assigned to represent this client. There’s not a particular concern that, I have to make sure this client is satisfied because I need them to continue to use me as a lawyer.

Whereas, in civil litigation, you want to keep that client and you want that client to be happy and so, you’ve got a personal stake in it. And I think that personal stake creates a certain level of risk and of need. And some lawyers manage that and keep that personal stake separate from the professional combat that’s going on, while other lawyers find that personal risk and personal stake raises their emotions.

From the President

Why is civility important?

Civility is important because we have to stay focused on what our role in the process is. As attorneys, we have to give our clients the benefit of the rule of law and all of the procedures and mechanisms that are available in the law.

If we can keep ourselves focused on that task, I think we’re better off. I think as we get more emotional and more impulsive, we’re more likely to make mistakes. I think that it’s stressful enough to do what we do without adding this interpersonal conflict to the stress.

As a professional, you need to bring your best skills to the task at hand; incivility is a distraction.

How does it harm or help the client for the attorney to act uncivilly toward your opponent?

By being uncivil, you are giving the client the wrong perception of what the process is about and you are discrediting the process and the profession.

When you are in an interpersonal conflict with the other lawyer, you’re going to get very little cooperation, which means everything is going to be harder to do, it’s going to take longer, and it’s going to cost the client more.

If you can develop an essential mutual respect and honesty, you can still fight hard and you can still avail your client of all the benefits of the law, but you’re not going to fight unnecessary fights.

Incivility is not only being rude in the sense of the way you talk to one another, but it’s also being obstructionist and doing things for the sake of obstruction alone. So the idea of denying a request for extension — just to inconvenience the other side — I think is a form of incivility.

We’ve talked about how incivility can be adverse to the client’s interest. How can it be adverse to the practitioner’s interest as well?

To be persuasive, people have to trust what you say. If you develop a reputation for being obstructionist, uncivil, folks are not going to trust you. And so, you’re going to make it harder on yourself.

If you want to be more involved with professionalism and the planning for resources and trainings, consider being a part of the Joint Professionalism Coordinating Council. They will also provide professionalism training to groups on request. Contact Chuck Turner for more information at cturner@cobar.org.

Visit cobar.org to view more professionalism CLE opportunities and events, and get involved with your community!

trusted my skill, but they also trusted my integrity. And would I have gotten those referrals if they didn’t? Of course not.

So, if you could tell our newer attorney readers, how does one acquire these skills to deal with the uncivil opponents and cope with those situations?

Well, the word you used there is critical: “skill.” It’s surprising that in law schools we have trial advocacy courses in which we try to help people understand the skills involved in direct and cross and closing, etc. For the transactional lawyers, we try to teach them the skills of writing. But we don’t particularly spend a lot of time on persuasion. And we don’t teach them anything about conflict and how to manage conflict, and yet, it’s inherent in the practice of law that you’re going to experience conflict.

Just as you can learn skills related to cross-examination, you can learn skills about managing conflict — about managing case conflict in terms of issues, but also in terms of interpersonal conflict. And you won’t become expert at them right away, but if you begin to learn those skills and you practice them, you will be quite surprised at how effective those skills can be.

So the point there is, young lawyers, there are skills to managing conflict. Be alert for opportunities to learn those skills! D

Daniel R. McCune President, Denver Bar Association Email: dbapres@denbar.org Twitter: @DBApresident

You can’t predict how things are going to happen in the future. For all of us who have been in the practice for a long time, it is surprising how years later you encounter the same people. And you either encounter them with a sense of mutual respect or you encounter them with a lack of respect — and that might be a situation that has an effect on your future, whether it is to join a law firm or to get a client, or to become a judge.

I’ve gotten referrals from other lawyers because they December 2013 I The Docket 5

Three FREE

Technological Tools

to Improve Time Management and Productivity

B y R yan Jardine

T

echnology is blamed for everything: the inability to connect emotionally with one another, decreased attention spans, increased materialism, growing obesity, poor penmanship, pervasive acne from cell phone bacteria (better not to know), anxiety, hearing loss, radiation and even a loss of independent thinking. But before you jump to conclusions and shove your computer off of your desk, throw your cell phone out the window and run around shouting, “Down with the robots! You will never get me,” let’s take a moment to examine the good that could come from the deliberate use of technology. Below are summaries of three free technological goodies — basic and beyond — that will help you be more efficient and manage your time more effectively.

6 The Docket I December 2013

The Stopwatch or Timer

Outlook Task Manager

Whether you are using the timer on your phone or the clepsydra on your desk, filling the “unforgiving minute with sixty seconds worth of distance run” can be a challenge that spurs productivity. Deadlines, even the self-imposed, have a way of motivating us to action. There are several circumstances where this simple technological tool might be helpful. Many of us, if not all, have different tasks that we are required to complete each day. When confronting these situations where “task list > 1,” you might feel stressed while working on one project knowing that the other, equally important projects, are sitting unaddressed on your desk.

In these instances, decide on a set maximum amount of time you will work on one project. It might be 30 minutes or an hour or any interval in between. You are in charge. Set your timer and off you go. Work focused on that one project for your predetermined interval. When the time is up, reset your timer, and switch to the other project. Focus on that project for the next interval of time, and then switch again. By rotating through the high priority projects on your tasks list, you will make progress on each project. By making progress on each project, you will decrease your level of stress. By decreasing your level of stress you will work more productively, effectively and efficiently. Additionally, the variety will cause your mind to stay sharp.

This tactic also works with the projects that sit on your desk neglected. You know the ones — a dark and foreboding dread fills your heart even at the thought of them Get the worst one in the timer rotation. Tell yourself, “I will only spend 30 minutes on this project, then I will get myself a gingerbread Pinkberry topped with crushed gingersnaps, white chocolate crisps and nutmeg.” You will be surprised at how much you can accomplish in 30 minutes — and that dreaded task, not to mention the sweet reward, might not be so bad after all.

Most of us are familiar with the email function of Outlook — but oh, there is much more to Outlook than just email. One of the neglected features of this great email behemoth is the task manager. It has nearly limitless organizational possibilities. Not only can you create tasks from scratch, but if you receive an email that requires you to take some action, simply drag and drop it in the “Task” tab on the left column of your screen. This simple click-and-drag will automatically create a task within the task manager.

You can then fill out the details related to that particular task including: the subject, the start date, the due date, the status, the priority, and the percentage complete. You can also create a reminder that will let you know when some action related to that task needs to be completed. As if that wasn’t enough, you can add additional details such as total hours expected to be expended on that task and billing information. Furthermore, you can classify this task with fully customizable categories. You also have the ability to assign a particular task to another person. This is especially helpful if you have a task for which you are primarily responsible, but that you would like to assign to someone else. Simply click the “Assign Task” button and that task will be sent to the designated person. You will then be able to track that assigned task and its status on your task management screen.

whether that is text, pictures, audio, internet clips or PDFs. The organizational power of Evernote arises in the user-defined metadata.

For each specific note, you can tag it with any category you choose. You can also categorize a note to include a specific place. This comes in handy when you have many notes on different topics and you want to find them in the future. In the deluge of information that falls from the skies that overshadows the superhighway, Evernote inspires the elephant in each of us, so that we will never forget.

To some, the rise of technology may be akin to the stampeding of one of the Four Horseman of the Apocalypse, and for others, it might be a source of anxiety and facial blemishes. But to those who take control of the technology in their life and use it deliberately, productivity increases — and when productivity increases, you get more stuff done.

Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver, an avid consumer of Pinkberry and an advocate for a renaissance of the clepsydra as a simple substitute for the wristwatch.

He may be reached at ryan.jardine@kutakrock.com. No remuneration of any kind was received for suggesting the use of any of the products in this article.

Evernote Technology can keep you organized. Evernote is a free app that I have been using for several years to keep track of tasks, to-do lists and reminders — a repository for anything I simply want to remember. The utility of this app centers on the creation of notes. You can create a note that includes anything you would like: quotes, things to remember and checklists. You also have the ability to note-take in any format you like, December 2013 I The Docket 7

Top 12 Tech Gifts for 2013 When it comes to holiday gifts, books are always a good idea. But it is 2013, and there’s no denying the electrifying appeal of the innumerable amount of “techie” gadgets on the market. Whether you’re looking for gift ideas for family and friends or items to put on your own wish list, the following products will provide you with illuminating digital glee:

Google Chrome Book

From $199, google.com/intl/en/chrome Go o g le C hromeb o ok s include several different laptop models, all with the streamlined Google Chrome OS. They are especially effective for Web-based tasks and browsing, as well as email and video chatting.

Kindle

From $69, kindle.amazon.com/ This e-reader from Amazon offers the gift of literacy in flashier form. It’s highly convenient for anyone who travels, as it’s lightweight and can host a slew of different books at once.

iPad

From $299, apple.com/ipad/ IPads are the latest hit in tech treats, with a variety of models in which to choose from: iPad Air, iPad 2, iPad Mini. They are incredibly versatile devices, with everyone from kids to attorneys utilizing their features (See page 10!).

Mini Jambox

$179.99, jawbone.com/store/buy/minijambox The Mini Jambox is a wireless Bluetooth speaker – the perfect portable speaker to liven up any party! It’s compatible with the iPhone, iPad, Android smar tphones and most Mac or PC computers.

Blue Lounge Cable Box

$29.95, bluelounge.com

See all of those cords on the ground? We don’t, either. This cable box is practical and stylish.

8 The Docket I December 2013

iPad Telephoto Lens $25, photojojo.com

This detachable Telephoto Lens offers a 10X zoom for iPads and a 12X zoom for iPad Minis, giving the ability to capture close-up shots from a distance.

It also offers special effects, bringing out the photographer in us all.

iPhone Picture Printer

$159.95, skymall.com/iphone-photo-printerl Sorry digital cameras of the world, but iPhones have nearly taken over when it comes to capturing in-themoment photos and life events. This printer makes it easy to keep those memories updated on the fridge!

Touchscreen Gloves

$28, momastore.org

Problem: It’s cold outside, and so many of our gadgets are touchscreen – how do we utilize them without catching frostbite? Solution: These gloves.

Keychain Universal Charger $29, uncommongoods.com

In our era of high-tech everything, a low battery signal is gut wrenching. Keep this universal charger on your keychain at all times to ensure you’re never caught with a dead device.

Casetagram Phone Cases $39.95, casetagram.com

This custom phone case comprised of favorite pictures makes a sweet gift. Casetagram is available for most phone types, and you can import photos from Instagram, Facebook or your own library.

iPhone Paperback Sticky Notes

$8, ilovehandles.com/products-page/iphone These are the future of sticky notes – designed to fit perfectly on the back of your iPhone!

Vintage Books iPhone Charger $68, Anthropologie.com

These vintage book stacks hide an iPhone charger! Compatible with all iPhones and iPods, this is a great gift for the booklover in your life. D A version of this article is posted on soloincolo.com. Please comment there with any feedback and/or more tech gadget gift ideas!

December 2013 I The Docket 9

Not Just for Angry Birds Anymore —

Using Your

iPad I at Work

B y D oug McQ uist on already know what you’re thinking: “Are you serious, McQuiston? You’re saying that I can use the same device I gave my 5-year-old this morning — to keep her busy with her favorite “Dora the Explorer” app — for work?”

Absolutely. Let me explain: There are currently more than 900,000 apps for the iPad, and almost that many for Android tablets and smartphones.

Thousands of those are either legal or productivity applications, with more being revealed all the time. Used correctly, the iPad can help you work faster — even better. It can help you “find” more time to spend with your family and friends, or whatever else you enjoy outside your practice.

One word of warning — actually, two: data security. It matters. The scope of this article prevents a detailed explanation of why and how to protect your iPad when you use it for work, but take it as a given that you must do it. Your ethical duty to protect client information is the same whether that information is on paper, on a device, or in the “cloud.”

But, with the right protections in place, your iPad can revolutionize how you work. So maybe it’s time to pry that iPad out of your kid’s hands, (or grab it off your coffee table), and toss it into your briefcase.

Not Just One Tool.

A Whole Toolbox

My iPad takes up less space and is lighter than a legal pad and pad holder. The virtual keyboard makes no noise when used.

Your iPad can be unobtrusively used in trial, too. Write your notes on it with a stylus. Use it to “pass notes” virtually, via one of the many secure “Chat” applications, between you and your associate at counsel table during voir dire, depositions, or meetings.

With mobile technology, you now have not just one tool, but a whole toolbox. Which tool you use depends on the job you’re planning to do. Rather than “either/or,” when it comes to laptops, tablets and smartphones, it is now “all of the above.”

Case Management on the iPad

Most, if not all, of the leading case management programs out there have full iPad functionality. With your CM program’s app, you

10 The Docket I December 2013

can capture time, bill (and review bills), view and work with documents, run your calendar, work on tasks, and do virtually everything else you’d do in the office, right from your iPad anywhere you happen to be. The day is fast approaching when a tablet-platform device may even replace your laptop altogether.

Which Apps? Trial Presentation Is a Key Strength

In addition to creating and editing content on the iPad (documents, notes, presentations, spreadsheets, photos with “callouts,” exhibits, etc.), the device can even serve as a Trial Media Controller. It handles the basics, like showing a PowerPoint or “Keynote” (Apple’s presentation app), displaying individual trial exhibits (photos, videos, documents) with ease.

You can also move beyond the basics. Wirelessly synced to an Apple TV (connected via a single HDMI cable to a portable HD projector or multi-monitor hub), you can use your iPad to run not just a presentation, but an entire trial, while you remain untethered. Using any one of a number of trial apps (one of the leaders is Trial Pad, litsoftware.com/products/trialpad, $89), attorneys can organize, access, and present an entire trial, hearing, or arbitration, all within the app.

The unobtrusiveness of the iPad, and its Apple TV/AirPlay wireless connection, helps the process “fade” into the background, rather than becoming the show itself. The jury’s focus is on the evidence, not the interchange between counsel and trial media consultant (“Next page, please. No, not that one—the one before that!”).

Watch McQuiston’s Tech Tuesday recorded seminar on

using your iPad for work at bit.ly/CBAtechtues. The Colorado Bar Association’s Tech Tuesdays programs are live on the fourth Tuesday of every month (some exceptions apply). Tech Tuesdays are 30-minute live webcasts covering a variety of technology topics to help you practice more efficiently — And they are free!

• •

Keynote—Apple’s presentation tool • iAnnotate PDF—allows annotation, callouts, highlighting, and note-taking “inside” .pdf documents • FRE—Federal Rules of Evidence • Casemaker—Allows you to access your Casemaker research account. Casemaker is the free legal research product for Colorado Bar Association members.

• Lexis Advance for iPad—allows access to your Lexis research account • Slideshark—a full-featured presentation tool that runs Keynote or Powerpoint slides, allows the user to view a timer, notes, etc., all while projecting the slides via your Apple TV/AirPlay device. It even has an app for your iPhone that turns it into a “remote” for the iPad Slideshark app • Whiteboard—a handy whiteboarding tool, to use with Apple TV “mirroring” • GoodReader—a document reader that opens just about every document format, and allows foldering, etc.

• FaceTime—comes with the iPad, allows real-time videoconferencing with other iPad/iPhone users—via wi-fi connection only The following are two other good legal app lists, providing you with even more suggestions: • attorneyatwork.com/the-ipad-for-lawyers-all-aboutapps • legalipad.com—a blog about using the iPad in a law practice • • bit.ly/iPad4litigators—a book, by Law Tech expert Tom Mighell, about using the iPad in practice; many helpful app tips

Remember — There's an “Off” Button

More Legal Apps

Apple offers hundreds of legal-centric apps, with that number increasing daily. The same is becoming true for other platforms, such as Android and Web OS. Below are a few suggestions to get you started.

First, here are my personal favorite apps. I use these at work just about every day. They are all available on the Apple App Store: • Office HD—lets you see, work on, and save Office docs, spreadsheets, etc.

• Notability—take, organize, email, even upload to Box. com, all your notes right on the iPad with a stylus

Don’t worry—your smartphone and iPad won’t suck up all of your free time. They have “off” buttons you can use anytime you want. By using the devices when you want during the workday, you’ll get done faster, and therefore knock off earlier. Better yet, you’ll get your weekends back.

But you may have to buy another one for your kids to use. D Doug McQuiston has been a lawyer in Colorado for more than 30 years. He is a member, contributing writer, and past chair of The Docket Committee.

December 2013 I The Docket 11

Carlos & the Giant Beard:

Why One Lawyer is Throwing Away His Razor for Charity

Ways to support Weecycle and improve the lives of low-income families with infants and toddlers in the Denver metro area: Donate new or gently used baby gear: weecycle.org/give_gear.htm Host a baby gear or diaper drive at your office, home, school, temple or church.

Contact Jayme Ritchie at Jayme@ weecycle.org with any questions.

Donate funds through Migoya’s Colorado Gives website: coloradogives.org/ weecycle-shearthebeard Weecycle would like to thank all of the bar associations and members who have given them so much support within the community!

B y Court ne y G ib b

S

trolling through the doors wearing a tie, sports coat, and jeans, Carlos Migoya grins and explains that since we’ll be taking pictures from the waist up, he didn’t see the point in wearing the rest of his suit.

His whimsical style is not to be outdone by the prominent beard on his face, however – Migoya has been growing it out for charity since February. But before we delve into the hairy details, let’s take a look at the unique path that brought him to the DBA offices one crisp fall day.

His Legal Journey

Carlos Migoya’s story starts in Florida, back before the beard was a tangible possibility. He was born and raised in Miami and West Palm Beach, then attended Florida State University for undergrad.

12 The Docket I December 2013

Migoya grew up treasuring tales of his great grandfather, who was a judge exiled from Cuba for policies made in his courtroom when a different government took over. These honorable ideals from his past influenced his desire to impact the law, leading to his legal profession.

Plus, he adds wryly: “I used to bartend – lawyers don’t have to stand as long.”

So, Migoya left Florida and ventured out to Colorado for law school, earning his law degree in 2004 from the University of Denver Sturm College of Law. He started his own practice from his best friend’s basement in Denver – and the rest is history.

The Migoya Law Firm LLC is no longer an office in a basement. It’s a successful solo firm specializing in criminal defense work and tailored around modest means clients. This suits Migoya, who explains: “I get to fight for the constitution every day.”

“When I say ‘Ok, I believe you,’ I’m often the only one who does,” notes Migoya with pride. “It’s nice to fight for clients like that; to take on the ultimate bully.”

Along with being a part of the CBA Modest Means Task Force, Migoya is also the Immediate Past Chair of the CBA YLD. After getting to know many people involved with the CBA and attending numerous events, Migoya found that he wanted to give back. His experience made him appreciate the sense of community cultivated within YLD. “There’s always been great leadership at the top of the YLD,” Migoya says.

“It’s a great opportunity to get out there and meet other people, and the CBA gave me a good platform to help out other young lawyers.”

Outside work, Migoya is an avid duck hunter who loves the outdoors, his two dogs, beers, cigars — and testing the limits of his facial hair growth.

His Bearded Journey

After watching motivating videos of people taking action to help others, Migoya was spurred to make a difference as well. He started thinking about what he could do to raise money and make an impact — which, of course, led him to his hair.

Jacob Eisenstein and Carlos Migoya “I’ve always been able to grow hair like a chia pet,” Migoya says. “And I wanted to help our local community, so I instantly connected that with Weecycle.”

Weecycle is an organization that provides new and gently used baby gear to low-income families in the Denver metro area. It was founded by Jayme Ritchie and Sunny Heydorn, two attorneys who had previously worked together at a downtown firm and were pregnant at the same time. They wanted to make the most out of their time on bed rest; thus, the successful Weecycle concept was born.

Migoya knows Ritchie and Heydorn, and wanted to contribute to their inspiring organization. He began his bearded journey in February 2013, with the idea that he wouldn’t shave until he raised $10,000 for Weecycle. He figured it would be easy — a quick couple of months away from the razor for a good cause.

“Apparently people don’t feel that sorry for me because it’s still on my face!”

Migoya laughs. “I thought it was a reasonable goal; that I could raise it in three or four months and we’d be done. But I’m very stubborn.”

Weecycle co-founder Ritchie is proud of Migoya’s efforts to raise money for the organization, but does admit she was surprised when Migoya first proclaimed his goal.

“I thought $10,000 sounded like

If you weren’t a lawyer, you’d:

Be a professional hunter.

Or own a bar.

What song best describes you?

“Born to be Wild” by George Thorogood.

Best meal you’ve ever had:

Lamb tenderloin in celery root sauce at a wine tasting at Il Posto.

If you were an animal, you’d be a: Big grizzly bear.

Describe yourself in 3 words: Boisterous. Kind. Loyal.

Advice to recent

law student graduates: “Keep your mind open and don’t lose focus on why you went to law school in the first place.”

December 2013 I The Docket 13

a ton of money, and it would be a challenge,” Ritchie says. “But we are so thrilled he’s doing this. It opens up a lot of potential and spreads the word about Weecycle to people who may not know about it otherwise.”

And almost eight months later, Migoya’s beard is still growing for charity. Nearly $6,000 has been donated so far—60% of his goal. On his Colorado Gives website, he explains that $10,000 translates roughly to “250 Car Seats, 45,500 diapers, or 1,000 conainers of formula.” He isn’t shaving until that becomes a reality for low-income fami-

lies in our community.

Of course, Migoya’s positive persona and philanthropic ways are not side-effect free. He has a lot more grooming to do now — like combing and oiling his abundant facial hair.

Plus, throughout his bearded adventure so far, some clients have been convinced he’s a professional duck hunter — not a lawyer.

“Judges give me funny looks,” Migoya says. “People can’t believe they seriously let me into court.”

If you’re still not convinced that you should help Migoya “Shear the Beard” by contributing to his Weecyle campaign, donate for no other reason than to impact his love life: “Let’s just say that it’s not the easiest style to pull off for a single guy,” Migoya says. D

Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket. She can be reached at cgibb@ cobar.org.

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14 The Docket I December 2013

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Miracle on 34th Street: A thought-provoking legal movie

B y Beck y B y e

F

rom festive food and parties to hanging holiday decorations and watching renowned movies, the holiday season always brings forth tradition and warmth. Surprisingly, some holiday traditions can also remind us of the legal profession!

One of the most acclaimed holiday movies is the 1947 classic, Miracle on 34th Street. Despite being a movie that many associate with the holiday season, Macy’s, Santa Claus, and the power of optimism, it is also a great movie to watch from a legal standpoint. After all, the pivotal, climactic scene of the movie takes place in a New York courtroom with an ethically conflicted judge presiding.

Miracle on 34th Street The movie begins with the annual Macy’s Thanksgiving Parade. A Santa Claus hired to be on the vital Santa and the Reindeer float is visibly drunk, and an outraged old man complains to the parade director that no Santa Claus should act that way in front of children. The old man, who goes by the name of Kris Kringle, agrees to replace the drunken Santa. He is a hit, and subsequently, Macy’s hires Kris to be their store Santa Claus. His unorthodox method of referring children’s parents to competitors for gifts and his insistence that he really is Santa at first troubles the store; but after a large increase in sales, Macy’s overlooks any red flags.

Still, a seemingly cold-hearted inhouse psychologist at Macy’s irks Mr.

Kringle, and one day, Kris uses his cane to lightly hit him on the head — probably to knock some sense into him.

Unamused, the psychologist pretends that it was a violent blow and that Mr. Kringle is dangerous to society and delusional, because he is not the real Santa Claus. After being admitted to the psychiatric hospital, Mr. Kringle still claims he really is Santa Claus, and the question of his sanity goes to trial.

The main question throughout the movie is whether the man known as Kris Kringle is really Santa Claus. It takes the legal system to answer this question and to flesh out the proof that Mr. Kringle is who he claims to be. At trial, Mr. Kringle’s attorney zealously tries to prove his client’s identity as Santa Claus, which would indicate Kris’s sound mind and judgment. He puts the owner of Macy’s on the stand to ask him. Mr. Macy is terrified of newsstands with unsavory headlines about Macy’s hiring a fake Santa Claus and thus, does not hesitate to affirm that Mr. Kringle is Santa Claus.

While the judge sought to avoid a ruling that Mr. Kringle is not Santa Clause — because he did not want to be one of the most hated men in New York for ruining Christmas for many children — the judge also felt that little evidence existed to affirm Santa Claus’s identity.

Toward the end of the trial, the judge tells Mr. Kringle’s lawyer that the court needs something that positively shows Mr. Kringle is Santa Claus, not just subjective opinion.

Miraculously, Mr. Kringle’s lawyer receives word from enthusiastic postal employees about thousands of letters they have for Santa Claus. They decide to identify Mr. Kringle as the recipient of these letters, as “Santa Claus,” and deliver the letters to the judge’s desk.

The judge, declaring that he cannot argue with the federal government’s identification of Mr. Kringle as Santa Claus, determines that Mr. Kringle should not be committed to a mental institution.

The Legal Standpoint The movie demonstrates various legal topics throughout that are crucial to the plot. For example, the judge presiding over the trial was internally conflicted over the matter due to his personal interests in hoping that he could say that Mr. Kringle is Santa Claus.

Additionally, Mr. Macy had a bias during his testimony that was motivated by his own profit.

The trial itself brings forth other legal issues, such as the burden of proof required for committing someone to a mental institution and representing a client that is potentially mentally incapable. The legal resolution to the case, however, hinged on federal preemption in the sense that the U.S. Postal Service—a branch of the federal government—affirmatively recognized the defendant as Santa Claus; accordingly, the New York court did not want to supersede the federal government’s determination by making the determination that he was not Santa Claus.

I had not seen Miracle on 34th Street in many years. I never appreciated the interesting legal issues that were present throughout the movie. I also never appreciated the movie’s quirky and subtle humor.

Until my most recent viewing of this movie, I always believed that Kris Kringle was indeed Santa Claus. When I watched it from my now adult perspective, I realized that the movie leaves the question of whether Kris Kringle is Santa Claus up to the viewer, even after the heartfelt ending. Just like many legal issues, even the ending of this movie is open to interpretation.

With a variety of complex and interesting overtones, as well as its reliance on legal themes, I suggest watching (or re-watching) Miracle on 34th Street this holiday season. D Becky Bye and James Rufus Garts, III will present a CLE about this movie, with a more in-depth view on some legal issues within the movie’s plot. The CLE is hosted by the DBA-YLD and will be held on Tuesday, Dec. 3. You can contact Becky Bye at beckybye@gmail.com.

December 2013 I The Docket 15

From Where I

STAND F

B y Dav id L . E rick s on rom where I stand, the high plains can be seen for eighty miles to the east and more than one-hundred thirty miles from north to south. The curvature of the earth is apparent from this vantage, unobstructed and two-thirds of a mile above. To the south a series of foothills rise, the sun casting successive layered shadows throughout the day as far as I can see.

A few cumulous clouds pass overhead from the west and toward the plains. The rocks on which I stand ascend the mountain

16 The Docket I December 2013

behind me, where a massive outcropping dominates the dome.

The great city sits below me, thirty miles away.

One hundred fifty million years ago, a great inland sea covered these high plains, extending more than six hundred miles from east to west and more than one thousand miles from north to south. During this period, the sea fluctuated but was relatively shallow, warm and tropical, and filled with abundant marine life. Lush tropical vegetation grew along its shores and prehistoric carnivores and herbivores fed or grazed there.

As the sea retreated, decaying plant and animal matter were trapped in the clay residue and became vast deposits of layered sandstone. About sixty five million years ago, the mountains began to rise and the sandstone tilted upward, creating an exposed ridge at their eastern foot. The ancient sandstone contains the embedded fossils of distinctive prehistoric plant and animal life.

A hundred and fifty years ago, bands of Indians still roamed the high plains where they lived freely, and hunted and camped for hundreds of years. Although the tribes fought over territorial rights, they were all sustained by the plentiful wildlife. Then the settlers began to arrive, starting in 1858, and homesteaded the land, their paramount rights being asserted through patents granted by the federal government. The Indians were removed from most of their ancestral land and the settlers began raising fruits and vegetables and tending their cattle. The land was fenced and sections of barbwire still run from tree to rock to post in a haphazard fashion in some areas around me. I find wire embedded in the trunk of an old dead tree.

The early settlers were a diverse group, composed of miners, entrepreneurs, adventurers, and those seeking to start a new life in the West or a refuge from the impending civil war.

Numerous lawyers were also among the first to arrive. Some of those early lawyers engaged in mining and merchandising, but most elected to continue with their chosen trade. After all, much work needed to be done: legislative bodies needed to be elected, laws needed to be drafted, courts needed to be formed, churches needed to be organized and schools would soon be required. All of this was done because there was the opportunity to create a great city where the high plains abutted the mountains. The work was completed without compensation or reward, because there was little that could be given or received by those involved.

The mountain on which I stand is granite, weathered and fractured over time, and a rocky ridge descends southeast toward the high plains. The spine of the mountain contains veins of quartz that periodically surface along its route. The south side, being exposed to the harsh sun and strong westerly winds, contains a mixture of spruce, juniper and ponderosa, interspersed among large rock outcroppings. The north side, being more sheltered, has clusters of spruce and lodge pole pine, as well as large patches of aspen.

Mule deer regularly traverse the mountain, grazing on the native mountain grasses and the needles and leaves of younger trees and plants. Herds of elk appear and the trunks of most Aspen trees show signs of their extensive gnawing. Solitary red and gray fox appear in the early morning or late afternoon, searching for a daily meal. An occasional bear passes, looking to supplement a diet sparse in fruits, berries and nuts. A mountain lion is seen among the rocks at the top of the mountain.

Nocturnal and elusive, their presence may only be known by the devoured remains of a deer. Hawks begin to circle overhead. Has there been a recent kill?

A dark green moss grows on sheltered rocks on the north side of some trees, shielded from the blistering summer sun.

Young seedlings flourish in clusters, under the protection of the

Colorado Lawyer Assistance Program The Colorado Lawyer Assistance Program (COLAP) is a confidential, independent program established by the Colorado Supreme Court pursuant to Rule 254.

COLAP’s mission is to assist judges, lawyers, and law students suffering from physical or mental disabilities or other impairments that affect their ability to be productive members of the legal community. COLAP provides educational programs (including ethics CLEs); assessment and referrals; information about obtaining mentors and sponsors; assistance with interventions; formal and informal monitoring programs; and aftercare assistance and referrals.

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

December 2013 I The Docket 17

larger trees or bushes. Some of the old and sturdy trees have been toppled by strong winds, though, which gust unexpectedly off the Continental Divide to the west. Their roots are violently ripped from the ground. During the spring, these winds also blow clouds of pollen off the conifer forests to the south. Many of the trees show signs of lightning strikes, the bark often stripped in a spiral as the charge descended.

In the late, fall bull elk spar over mating rights to cows, their antlers fully grown and most prominent at this time.

When a large bull appears with a chunk of black plastic entangled in his antlers, the cows become frightened and run away. By spring, their antlers have been shed and new ones begin to grow, small and fuzzy at first. By June or July the calves are born. Weak at first, they stagger about as they learn to survive. An old buck arrives looking tired and alone. His face is gray and he has broken, deformed antlers. Do deer born here instinctively return to their birthplace in later years? I doubt this one will survive the winter.

18 The Docket I December 2013

By spring, the birds will arrive.

Mountain bluebirds and chickadees’ young are soon born and then fall or are pushed from the nest.

Unafraid yet vulnerable, they must gain the strength to find shelter in the bushes.

A few hummingbirds flit about seeking any available wildflower nectar. I am startled when they are attracted to my bright red shirt. A flock of noisy magpies arrives and drives the other birds away.

The summer solstice appears a degree north of the great city below me. The winter solstice, the shortest day of the year, appears to the south, a degree north of a prominent knoll on the high plains. The

sun always sets behind me: in the winter over the range of mountains to the south and in the summer behind the rock outcropping at the top of this mountain.

The moon appears at random points, but generally south of the great city. Due to refracted light, it appears much larger when it first rises over the horizon. A full bright moon dominates the night sky and my attention. The stars are out now and a planet is visible. A well-known constellation catches my attention to the north, but lights from the great city dim its splendor. What was it like, I wonder, before the great city was built and the lights turned on?

The great city below me is a few degrees to the north. It is at the confluence of two magnificent Western rivers, often traversed by early settlers, miners and adventurers to the region. This is where so many spend their lives in the universal quest for recognition, prominence or wealth. From this vantage, the great city seems so small and inconsequential though: its assemblage of large and grand buildings swallowed by the vastness of the high plains and the infinite sky above. At least that’s how it appears to me, from where I stand. D David L. Erickson received a B.S. degree in Mechanical Engineering from Western New England College and a J.D. degree in Law from the University of Denver. He is currently an attorney in Denver, as well as the CBA Historian. He can be reached at david.ericksonllc@gmail.com.

Infographic: DBA By the Numbers The Denver Bar Association has racked up impressive numerical data since first beginning in 1891. We’ve had 124 presidents.

We currently have 8,682 members. But don’t just take our word for it – follow the blue and grey graphic road:

DBA BY THE NUMBERS DBA was FOUNDED in 1891—

The DBA is ONE of

and has had 124 PRESIDENTS

27within the CBA

LOCAL BARS

accounting for 69% of all DENVER AREA ATTORNEYS

The DBA currently has

52% OF OUR MEMBERS are involved

MEMBERS

The DBA YOUNG LAWYERS DIVISION has 2,918 MEMBERS

8,682

in at least one of our 20 COMMITTEES

DBA MEDIA The has been in print

DBA WEBSITE launched in 1998

15 YEARS

The DBA joined

35 YEARS—since 1978 —and online for

The DBA YLD’s WEBSITE launched in

FACEBOOK, TWITTER and LINKEDIN in2009

2013

LAW LINE 9 Since the beginning of LAW LINE 9, we’ve had

450

LAWYERS VOLUNTEER

They’ve answered

100 CALLS EACH NIGHT and

5,200 A YEAR

We’ve HELPED

104,000 P EO P L E December 2013 I The Docket 19

ACCESS TO JUSTICE

By Christine McManus VonGunden

I

n the quiet before the clamor of the upcoming 2014 state legislative session, Denver’s champions of justice for the indigent gathered to bend legislators’ ears in the Colorado Supreme Courtroom on Oct. 4.

It’s not every year that these champions take a Friday night to tout equal justice for all. In fact, 2007 was the last time such forces rallied in hearings like this across the state, in conjunction with key judicial leaders in each of Colorado’s Congressional Districts.

“The hearings in 2007 resulted in important legislation affecting funding for the Colorado Family Violence Justice Fund, as well as other access-to-justice issues,” said Noah Patterson, co-chair of the DBA Access to Justice Committee.

“We expect this hearing will have a profound effect on future funding and court policy.”

Patterson and co-chair Alison Daniels rallied testimony from the trenches in Denver. As legislators and officials sat in the justices’ seats behind the long, pres-

20 The Docket I December 2013

tigious bench, they heard from officials who work with the indigent every day.

Jon Asher of Colorado Legal Services, a longtime champion of the poor, said that for every $1 spent, his office saves the state $6.35 in costs related to housing, employment and other areas.

CLS served 11,000 people last year, from families making roughly $30,000 per year. CLS’s website alone saw 18,000 downloads of legal materials.

For every client served by the volunteer-based Metro Volunteer Lawyers nonprofit, at least one other qualified client is turned away, said the executive director Dianne Van Voorhees. More than 450 attorneys volunteered to take on 1,450 cases last year, ranging from family law and immigration to consumer and housing cases. An efficient staff of four coordinates the MVL cases.

“We don’t have those fundraising commercials with cute, poor little puppies. Our clients don’t have that kind of appeal,” said Van Voorhees. “If you are in the general public, you don’t understand how important fair access to justice is.”

Perhaps the most compelling testimony came from Rosemary, a whitehaired woman who approached the bench

CLS former client Rosemary, speaks with Chief Justice Bender during the hearings. Rosemary had finished putting her boys through college when her husband fell ill and her house went into foreclosure.

with a smile — a former client of CLS. She had finished putting her boys through college when her husband fell ill and her house went into foreclosure. Troubles mounted and she nearly found herself homeless after a lifetime of hard work.

“If someone told me I would go through this, I never would have believed it. I was scared, and humiliated. I couldn’t afford a $500 retainer for an attorney.

When I went to CLS, they spoke to me like I was a real person. Every day, I bless the people at CLS,” she said.

Legislators also heard from the Hon. John Marcucci and the Hon. Robert Hyatt, Chief Judge of the 2nd Judicial District, and Sarah Zoellner, a coordinator of self-represented litigants for Denver courts. Out of 4,300 family law cases last year, more than two-thirds were unrepresented, Hyatt said.

More and more people are trying to navigate the courts alone, unfamiliar with court procedure and laws. The reasons for coming to court without representation are illusive, but lack of affordable attorneys tops the list. Reality shows depicting TV courtrooms may have given people a false sense of legal literacy.

“These are ordinary people, where

Colorado Legal Services (CLS) For every $1 spent, CLS saves the state $6.35 in costs related to housing employment and other areas

Metro Volunteer Lawyers (MVL) For every client served by MVL, at least one other client is turned away.

CLS served 11,000 people last year, from families making roughly $30,000 per year.

More than 450 attorney volunteers to take on 1,450 cases last year.

CLS website alone saw 18,000 downloads of legal materials.

the fate of their kids, their finances, and physical disorders hang in the balance,” Hyatt said. “If your family were at stake, you’d want assistance.”

The courts need to provide better resources for self-represented litigants.

Even just brief counsel from an attorney would help pro se individuals.

After listening for more than two hours, State Rep. Daniel Kagan of House District 3 (south Denver) said he was impressed.

“To hear from the people giving their time, talent and energy to ensure Coloradans get representation was inspiring,” Kagan said. “If I’ve got anything to do with it, (funding) will continue, and increase. But the reality is that it’s always

A staff of four coordinates the MVL cases.

difficult. This is a terribly important issue.”

What caught the legislators’ attention in particular was the growing need of flood victims, who lost so much during the state’s worst flooding in memory.

Flood victims are trying to figure out issues such as whether rent is due on uninhabitable housing, for example, and how to wade through FEMA applications and insurance bureaucracy.

As the hearing came to a close at the Ralph Carr Judicial Center, Colorado Access to Justice Commission Chair Fred Baumann explained the financial picture.

Temporary emergency funding for services — approved by officials the past couple years — runs out next summer.

A Feel Good CLE—What could be better?

By MVL Board Member, Rocco Dodson “If you want others to be happy, practice compassion. If you want to be happy, practice compassion.” —Dalai Lama XIV Need CLE credits? Want to do something that feels good? What could be better than helping someone in need, and getting free CLE credit in the process? Metro Volunteer Lawyers pro bono program is the answer.

Many attorneys say that their most rewarding experience is providing pro bono legal services. Even though the work is the reward, the Supreme Court encourages you to do pro bono – and so will give you CLE credit for doing it.

Rule 260.8 provides that attorneys can be awarded up to nine hours of CLE credit per three-year reporting period for either providing uncom-

He appealed for reinstatement of key funding, to address challenges to equal access to Colorado’s civil justice system.

“The more we have people who aren’t heard at a fair hearing, the more our system falters,” said Chief Justice Michael Bender, in response to testimony before him. “We have people with high and modest needs not being met. It’s tragic.

Judicial needs are the core function of our government in society.” D Freelance writer and editor Christine McManus VonGunden is a former Director of Communications at the Denver Bar Association.

pensated pro bono legal representation on behalf of indigent or near indigent clients in a civil legal matter. You can also receive these credits for mentoring another lawyer or law student providing such representation.

Attorneys may earn one CLE credit hour for every five billable-equivalent hours of pro bono representation provided to the indigent client.

An attorney who acts as a mentor may earn one unit of general credit per completed matter in which he/she mentors another lawyer. An attorney who acts as a mentor may earn two units of general credit per completed matter in which he/she mentors a law student.

Contact MVL today to learn about how you can take on a pro bono case or become a mentor. MVL is ready to help you to feel good about yourself and earn the CLE credits you need!

Visit www.metrovolunteerlawyers.org or email us at information@ denbar.org to learn more.

December 2013 I The Docket 21

Wellness Brief

assist you on your rode to health and fitness: MyFitnessPal, Daily Ab Workout, Daily Butt Wo r k o u t , D r i n k i n g Water, Fooducate, Good Food Near You, Locavore, RunKeeper Pro, Water Your Body and iMapMy. C h e ck o u t L o r ra i n e ’s we b s i te, AttainYourVision.com, for the full version of this article along with videos. The following is a seven-minute yoga practice that each of us can do when we get out of bed in the morning: bit.ly/19XKmK3.

Get Fit to Practice and Improve your Health: The SUCCESS Guide for the Holidays and Traveling

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

As we embark on the holidays and peak traveling season, we typically face difficulties in maintaining a healthy weight and lifestyle. Inconsistent schedules, party foods, buffet offerings, added stress, and reduced time for exercising are among the chief complaints and challenges facing those who are enjoying the holidays and/or traveling. Getting sidetracked from our typical healthy eating and fitness routines can easily lead to weight gain. However, we can take a proactive and empowering stance to take charge of our health. All we need is a realistic viewpoint and the right tools, and we can be even healthier than before the holidays.

E x e rc i s e : T h e h o l i d a y s a n d traveling are not an excuse to stop exercising. Keep running shoes and workout gear in the car to make it easier. When packing, put running shoes and workout gear before anything

else. Make exercise fun by using it as a way to explore — find running trails near your hotel, or take a walking tour of the city.

Eating: The buffets at hotels and meetings, and decadent offerings at restaurants can be tempting — but don’t let cravings conquer willpower.

Drink a glass of water first to curb hunger. Choose brown rice, steamed veggies and salads with dressing on the side. If you eat meat, choose lean meats such as skinless chicken. Forget filling up on bread or chips. Healthy food can be delicious. For instance, enjoy a nutritious, protein-full plate of fresh fruit and spinach from the omelet bar. Did you know that approximately 51% of the calories from spinach are protein?!

Alcohol Consumption: Alcohol is readily available during the holidays, business dinners and at the airport.

One way to manage your consumption is to drink one to two glasses of water for every alcoholic beverage. Not only will you consume less alcohol, you will consume fewer calories, spend less money, and feel more hydrated in the morning.

Here are some great apps that can

Common Food Myths — Busted!

Myth: Genetically modified crops are an extension of natural breeding and do not pose different risks from naturally bred crops. They are safe to eat and can be more nutritious than naturally bred crops.

Why it’s busted: Growing evidence shows that these claims are not true. GM crops are laboratory-made, using technology that is unlike natural breeding methods, and pose different risks from non-GM crops. GM crops can be toxic, allergenic or less nutritious than their natural counterparts. Conventional plant breeding, in some cases helped by safe modern technologies like gene mapping and marker assisted selection, continues to outperform GM in producing high-yield, drought-tolerant, and pest- and diseaseresistant crops.

Whole Food, Plant-Strong Recipe of the Month: Peanut Stew w/Sweet Potatoes & Adzuki Beans Offered by Kimberly C. Perdue, Esq. of Kennedy Childs, P.C., November’s Whole Food, Plant-Strong Recipe winning recipe !

Ingredients:

• 1 T olive oil, separated • 1 1/2 C chopped onion • 1 clove garlic, minced • 2 C peeled and cubed sweet potatoes

Process:

• 1 1/2 C cooked adzuki beans (or any red bean) • 3 C vegetable broth • 1 C chopped red pepper • 1 1/2 t grated fresh ginger • 2 t salt

• 1/2 t ground cumin • 1/4 t black pepper • 1 14.5 oz can diced tomatoes • 1 green or poblano chile, roasted • 1/2 habanero chili seeded and chopped (optional)

• 3 T peanut butter (crunchy or creamy) Garnishes: 1 lime, in wedges 3 T dry roasted peanuts, chopped

• Sauté sweet potatoes in two tablespoons of olive oil. Salt to taste, and cook for two to three minutes. • In a large sauce pan or stock pot, heat one tablespoon of oil over medium heat and sauté onion and garlic until soft. • Add the sweet potatoes, beans, broth, peppers, chilies, tomatoes and spices. Boil, then cover and cook on low until the vegetables are tender (35 to 40 minutes). • Take 1/4 cup of the stew & place it in a bowl. Add the peanut butter; whisk the mixture smooth. Add the mixture back into the stew and stir. • Serve the stew sprinkled with the chopped peanuts. Add the lime juice just before eating.

The winner of this month’s $25 gift certificate to Whole Foods Market for her delicious, plant-strong and nutritious recipe is Courtney Gibb, CBA/DBA’s Communications & Marketing Specialist. Look for Courtney’s Confetti Vegetable Salad recipe in next month’s Docket.

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

22 The Docket I December 2013

BRIEFS Lawyers’ League Basketball — Sign Up Deadline is Monday, Dec. 2 The Lawyers’ Basketball League will kick off its 2014 season in January, and will be held at the University of Denver Hamilton Gym. The expected team entry fee will range from $600 to $700. Sign-up information was sent to last year’s team captains in Oct. Others who are interested in registering, forming, or joining a team should contact Todd Jansen at todd@toddjansenlaw.com or Rob Hooke at rhookeesq@gmail.com.

Dba Yld Movie Night Cle: “Miracle On 34TH Street”—Tuesday, Dec. 3 James Garts and Becky Bye will be conducting a CLE related to the movie, “Miracle on 34th Street.” Similar to the legal themes of the movie, the CLE will focus on ethical issues associated with representing clients with competency issues. Additionally, there will be some discussion on federal and state preemption issues (since this issue played a pivotal role in the movie).

The fun and informative movie night will be held at the DBA CLE offices, 1900 Grant St., third floor, starting at 5:30 p.m.

Pizza and refreshments will be provided.

RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727. Look for registration fee information in upcoming enewsletters.

Fit to Practice Spinning CLE: Mentoring Dealing with the “Rambo” Attorney without Becoming One— Thursday, Dec. 5 Join the DBA Fit to Practice Task Force for the wildly popular Spinning CLE class at the downtown YMCA on Thursday, Dec. 5, from 7to 8 a.m.

Slip into your workout gear and get ready for John Baker to work your brain while you work your legs! Baker will discuss dealing with the “Rambo” attorney without becoming one as you sweat away on your stationary bike. This is a members-only event,

and the cost to attend is $10. One ethics credit has been applied for.

Space is limited and these classes fill up fast so RSVP early to secure your seat emailing lunches@cobar.org, or calling 303-860-1115, ext. 727.

Bench-Bar Event: Learn the Nuts and Bolts of Protective Orders and Restraining Orders—Thursday, Dec. 5 Take advantage of this unique opportunity to discuss all you have ever wanted to know about protective orders and restraining orders in Colorado. Denver District Court Judge Elizabeth Starrs, County Court Magistrate Beth Faragher, and attorney Karen Steinhauser will discuss and answer questions about their own experiences, discuss the fundamentals and latest issues and topics in these areas, and provide practice tips in Denver District Court and county courts. Join us on Thursday, Dec. 5 from noon until 1:30 p.m. in the Jury Assembly room on the fourth floor of the City and County Building. Cost is $15 for DBA members, including lunch. To RSVP, email lunches@ cobar.org or call (303) 860-1115, ext. 727.

Support MVL For Colorado Gives Day—Tuesday, Dec. 10 Once again, 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. 10, donations will be taken online to local nonprofits including 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 coloradogives.org/metrovolunteerlawyers/overview

Seniors Committee Holiday Lunch—Friday Dec. 13

The Seniors Committee invites friends and colleagues to to share warm wishes and holiday cheer. The gathering will be held at noon on Friday, Dec. 13, at the DBA offices, 1900 Grant St., Suite

900. Cost to attend is $15. To RSVP email lunches@cobar.org or call (303) 860-1115, ext. 727.

DBA Health Fair – Thursday, Jan. 9 Get “fit to practice” for the New Year! The DBA Fit to Practice Task Force will host a Health Fair on Thursday, Jan. 9 at the DBA offices from 7 a.m. to 1 p.m. They’ll be offering health screening services, a nutritional expert, acupuncturist, and massage therapist – as well as healthy food and beverages. This is the perfect place to jump start your 2014 fitness goals and gear up for the DBA’s Fitness Challenge supporting the Sean May Memorial Run and Wheels of Justice Courage Classic. RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.

Call For Dba Awards Nominees—Deadline For Submission is Friday, Jan. 31 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, Education in the Legal System and Outstanding Programs or Projects. 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 Friday, Jan. 31.

Barristers Benefit Ball: Talk Derby to Me—Saturday, May 3 The Ball will be held Saturday, May 3, at the Marriott City Center in downtown Denver. Please join us this year to celebrate Metro Volunteer Lawyers—Derby Style! Click here for details about the sponsorship packages and other options.

To purchase tickets or a table ,email Denise Lynch at dlynch@cobar.org.

December 2013 I The Docket 23

Colorado DUI Benchbook, Managing Editor: H. Patrick Furman, Colorado County Court Judges Association Publisher: CBA-CLE Books

Colorado DUI Benchbook has been converted to soft cover!

The Colorado DUI Benchbook is the definitive statement of DUI law and practice in Colorado; every county judge in the state is given the benchbook. The Colorado DUI Benchbook addresses the substantive, procedural, and evidentiary issues raised in the adjudication of alcohol-related traffic offenses. For every DUI practitioner in Colorado this is an essential resource!

CRIMINAL LAW

2013-2014 Edition

Chapter Topics Include: n PRELIMINARY MATTERS n GUILTY PLEAS n MOTIONS TO DISMISS n MOTIONS TO SUPPRESS

EVIDENCE n TRIAL PROCEDURE n EVIDENCE n SENTENCING n POST-CONVICTION ISSUES n DRIVER'S LICENSE

CONSIDERATIONS

Three Convenient Ways to Order: ONLINE AT: www.cobar.org/cle/pubs.cfm CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531

2013-2014 Edition, soft-cover, 7.5 x 10-inch format, 738 pages with CD-ROM CLE Item Number: ZCDUIB13B CBA Member Price: $85 Non-Member Price: $105

24 The Docket I December 2013

STOP BY: Our office and save on shipping!

CBA-CLE Calendar

DEC. 2013

REGISTER ONLINE OR CALL TODAY!

LIVE EVENTS AND LIVE WEBCASTS December 4, 2013 Inspiring Change: Transforming Legal Persuasion Into Motivational Engagement Submitted for 4 General CLE credits

December 12, 2013 Deposition Techniques and Strategy with David Markowitz Submitted for 7 General CLE credits

December 6, 2013 Social Security Disability 2013 Submitted for 7 General CLE credits

December 13, 2013 Appellate Practice Update 2013 Submitted for 7 General CLE credits, including 1 Ethics

December 6, 2013 The Annual Advanced Family Law Institute Submitted for 8 General CLE credits

December 20, 2013 Spend the Day with SEAN CARTER - Comedic Professional Education Submitted for 6 General CLE credits, including 6 Ethics

December 4, 2013 Criminal Law Fall Update Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

VIDEO REPLAYS

December 5, 2013 Winning Trial Skills and Tactics of 2013 Submitted for 8 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

December 12, 2013 Employment Law Fall Update Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

December 6, 2013 Serving the Moderate Income Client: Successful Business Planning Submitted for 4 General CLE credits, including 3 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

December 18, 2013 2013 Ethics 7.0 Submitted for 7 General CLE credits, including 7 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

December 11, 2013 Ethics Revue at Lannies Clocktower Cabaret 2013 – Starring The Law Club Submitted for 3 General CLE credits, including 3 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

December 19, 2013 The Many Sides of Immigration Law: Know How It Crosscuts Practice Areas Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

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

CBA CLE

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

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

www.cobarcle.org December 2013 I The Docket 25

Legal

AFFAIRS GOOD THINGS Larry Kueter, solo practitioner and DBA member, was announced as the winner of the Land Trust Alliance’s Kingsbury Browne Conservation Leadership Award.

Kueter was selected to receive the award in recognition of his 25 years of leadership in guiding and advancing the protection and standards of land conservation through his legal expertise, as well as his dedication to landowners, land trusts, governmental entities and statewide and national conservation organizations.

Bachus & Schanker, LLC, attorney, Morgan Carroll, was recently selected president-elect of the Colorado Senate.

Carroll joined the firm in Jan. 2013 as an associate attorney.

Judge Steve C. Briggs (Retired), of Judicial Arbiter Group, Inc., was formally inducted as a Judicial Fellow in the Litigation Counsel of America.

CHANGES Fortis Law Partners LLC is pleased to announce the addition of Fay Chu Fong and Lori Duwve to our firm. Chu Fong will continue her practice in mergers and acquisitions, securities and commercial transactions, and Duwve will continue her

Ryan Hutton, formerly law clerk to the Hon. Jack Berryhill, is now an associate at Fontana & Associates, P.C. where he will be practicing family law.

Patton Boggs LLP is pleased to announce that Tarek F.M. Saad has joined the firm’s litigation and dispute resolution practice as St. Leger of counsel.

Hillyard, Wahlberg , Kudla, Sloane & Woodruff, LLP welcomes new associates Gennevieve St. Leger and Michael P. Kane to the Kane firm.

practice in real estate development and commercial finance.

Holland & Hart LLP is proud to announce the Sharrer election of Elizabeth Sharrer as the new chair of Holland & Hart’s Management Committee, effective Jan. 1.

Sharrer is the second woman to be elected as firm chair.

Sharrer has spent her entire career at Holland & Hart, and has served BRICK & MORTAR as a member of the firm’s National labor & employment law Management Committee, firm Fisher & Phillips LLP announced Parker as the managing partner the relocation of its office to 1801 Caliof the firm’s headquarter fornia St., Ste. 2700. The phone number office in Denver and as remains the same. the head of the firm’s Real Parker Lipman, LLP’s new office Estate Practice Group. is located at 2300 15th Street, Suite 200, L orraine Parker Denver.

Lipman and Dan Lipman are pleased to announce the formation of Parker L ipm an, L L P. O u r p ra ctice fo cuses on the representation of plaintiffs in personal injury matters.

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

Troubled by Rude and Unprofessional Attorneys?

Pamela Mackey (303)831-7364 Karen Pearson (303)874-8615 Rich Hennessey (303)839-1204 Sponsored by

the DBA Peer Professionalism Assistance Committee

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 2013

2014 Colorado Legal Directory

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!

For more than 100 years, The Colorado Legal Directory has been used by thousands of people in the legal community for easy access to essential information.

The legal directory has listings for over 20,000 attorneys, the majority with firm, address, phone number, and many with email addresses.

The directory also includes: n Attorney listings by Field of Practice

n Colorado Executive and Legislative Offices listings, with staff contacts

n Law Firms & Corporate legal departments contacts

n Federal and Municipal Courts information

n Colorado State Courts Offices information, including listing and contact information for judges

n Fee schedules n Other legal organizations contact info

n Other government agencies contact information, with key personnel You don't have to spend hours looking online for information — The Colorado Legal Directory is your trusted source for key information in the Colorado legal field.

Place your order TODAY for the 2014 edition of The Colorado Legal Directory!

Important: The directory is now published exclusively by the Denver Bar Association. Each member of the Denver Bar Association will AUTOMATICALLY receive one complimentary copy of the 2014 edition of The Colorado Legal Directory. Please do not include complimentary directories in your order.

To inquire about your DBA membership, please contact the Membership Services Department at 303.860.1115 or membership@cobar.org. For questions relating to ordering the Legal Directory, please contact Melissa Lucas at 303.860.0608 or mlucas@cobar.org.

ITEM

DESCRIPTION

QTY

PRICE

LD14M

2014 COLORADO LEGAL DIRECTORY CBA MEMBER PRICE

$46.00

LD14NM

2014 COLORADO LEGAL DIRECTORY NON-MEMBER PRICE

$86.00 TOTAL

Prices are subject to change

BOOK TOTAL

$

TAX EXEMPT If you are tax exempt, enter your tax-exempt number and attach a copy of your official letter.

Tax Exempt #

Name(s)

NOTE: GOVERNMENT ORDERS MUST BE

Attorney Reg. No.

ACCOMPANIED BY A PURCHASE ORDER OR WARRANT, WHICH WILL BEGIN THE PAYMENT PROCESS.

E-mail Address Firm/Organization Street Address City/State/Zip Phone ENCLOSED IS $ ❑ Check (made payable to CBA-CLE)

Fax ❑ VISA

❑ MasterCard

Card No.

❑ AMEX

Book Total Applicable Sales Tax*

$ $

TOTAL

$

Thank you for your order. * (7.62% Denver, 4% RTD, 2.9% rest of Colorado)

Exp.

Signature All shipping addresses must include a physical address. All orders are shipped via UPS. Products subject to availability. Please allow up to 10 business days for normal delivery. Rush service is available for an additional fee (order must be received by CLE before noon for next day service). *All CBA Members may order additional copies of the Legal Directory for their staff at the CBA member price.

Please note: Release date is scheduled for December 2013.

Five Convenient Ways to Order: Mail to: CBA-CLE 1900 Grant Street, Suite 300 Denver, CO 80203-4303 Order Online: www.cobarcle.org Phone: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 Fax: 303.860.0624 Stop by Our office!

December 2013 I The Docket 27

Dates on the

DOCKET

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

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

Dec. 3

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

Call Carolyn Gravit, (303) 824-5323.

YLD Movie Night 5:30 p.m.–8:00 p.m.

Call Heather Clark, (303) 824-5350

Dec. 4

Docket Committee Holiday Party Prost Brewery 2540 19th St5:30–7 p.m.

Call Courtney Gibb, (303) 824-5336

Dec. 5

Fit to Practice is a membership task force developed

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

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

Dec. 4

Lawline 9 500 East speer blvd 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.

28 The Docket I December 2013

Spin CLE Class: Dealing with the “Rambo” Attorney without Becoming One Downtown Denver YMCA 25 East 16th Ave Unit B 7–8 a.m.

Member cost is $10 To register, call (303) 860-1115, Ext. 727.

Dec. 6

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Dec. 10

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

Dec. 11

Lawline 9 500 east speer blvd 4–6:30 p.m.

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

Dec. 10

CAN Holiday Party Tamayo 1400 Larimer St. 5:30–7 p.m.

Call Kate Schuster, (303) 824-5312.

Dec. 11

DBA YLD Council 6–7:30 p.m.

Call Heather Clark, (303) 824-5350.

Dec. 13

Seniors Holiday Lunch 11 a.m.–2 p.m.

Call Alexa Drago, (303) 824-5313

Dec. 19

DBA YLD BAH 5:30–7 p.m.

Call Heather Clark, (303) 824-5350.

Dec. 24–25

Dec. 12

DBA Offices Closed Happy Holidays

Dec. 12

Member cost is $10 To register, call (303) 860-1115, Ext. 727.

DBA Board of Trustees 7:30–9 a.m.

Call Denise Lynch, (303) 824-5327

Spin Class Downtown Denver YMCA 25 East 16th Ave Unit B 7–8 a.m.

Member cost is $10 To register, call (303) 860-1115, Ext. 727.

Dec. 13

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Dec. 19

Spin Class Downtown Denver YMCA 25 East 16th Ave Unit B 7–8 a.m.

Dec. 20

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Fit to Practice Lunch and Learn Nutrition Seminar Noon–1 p.m.

Member cost is $8 To register, call (303) 860-1115, Ext. 727. *The instructor will be there beginning at 6:45 a.m. for those that want to begin earlier.

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

Call (303) 573-1302.

Lawline 9 500 east speer blvd 4–6:30 p.m.

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

Call (720) 944-2594.

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

Dec. 18

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

Dec. 19

What (is it)

about

? o BB

by A le xa D r a g o

M

ore than 150 people gathered at the University Club on Oct. 29 to reminisce, roast and toast Robert (Bob) J. Kapelke at the annual DBA Seniors Committee Roast. When guests were asked why there were so many in attendance and what it is exactly about Bob that drew them all there, the standard answer was: “Well, everyone knows Bob.” Kapelke received his J.D. from the University of Colorado School of Law and Master of Comparative Law degree from the University of Chicago School of Law. During his years of practice, Kapelke focused on commercial litigation, including oil and gas, antitrust, real estate, corporate, securities, and contract disputes. He was appointed as a Judge to the Colorado Court of Appeals in 1994, where he served for more than ten years before retiring in 2005. He continues to serve as a senior judge on the court on a part-time basis, and is a mediator and arbitrator with Judicial Arbiter Group, Inc. Past awards run the gamut from the Colorado Bar Association’s highest honor, the Award of Merit, to the Lifetime Achievement Award from the Law Club of Denver.

While his career and the many illustrious awards on his mantle do make a statement, it must be mentioned that Kapelke is known for more than just his professional bio. It is his clever use of lexicon, humor, and musical talent that really make Kapelke a stand out in the Denver legal community. His contributions to Law Club shows and “Burden of Spoof” performances (Kapelke is the founding member and producer), are prime examples of why he maintains his celebrity status in this jurisdiction.

“Spoof ” is a musical troupe comprised of Denver area judges and

attorneys who have been performing satirical music revues on c u r re n t a f f a i r s since 1993. One of their greatest hits includes The Perils of Packer, a musical rendition of the 1883 trial of Colorado’s notorious cannibal Alferd Pac ke r. O t h e r equally racy top- Chuck Turner, Bob Kapelke, Brenda Taylor, and Josiah Hatch ics covered by the group include Colorado’s Amendment which one evening, while the two were 64 legalizing marijuana, Lance Armout together, it was mentioned by an strong’s “confession,” the tragic demise associate that a true gentleman is a man of the Twinkie, and of course, the love who knows how to play an accordion, but fest between Dennis Rodman and Kim doesn’t. The following morning when Jong Un. Plank went to pick up Kapelke, there he Guests at the roast were treated was, on his front lawn playing an accorto a jab-filled speech by DBA Executive dion.

Director Chuck Turner, followed by a Play on Bob, play on. D collaborative musical performance and narrative of Kapelke’s life led by felAlexa Drago is the marketing and comlow Burden of Spoof performers Josiah munications manager of the Denver and Hatch and Brenda Taylor. Cameos were Colorado Bar Associations. She may be also made by David Atkinson, Diana reached at adrago@cobar.org.

Terry, and Fred Rodgers.

DBA Seniors Chair Leonard Plank was the one who put Kapelke up for the roast. The two have known each other on a Come enjoy a hot buffet and lots of holiday professional and perfun, while catching up with friends and colleagues. sonal level for more than 35 years. When questioned about the motive behind the nomination, Plank Denver Bar Association Offices mused about the Kapelke known out1900 Grant St., 9th Floor side the court room Attendance is $15 per person.

— a common theme when people are asked what ( it is) about Bob. Please RSVP by Dec. 11 to “It’s his personallunches@cobar.org or ity, his willingness to 303-860-1115, ext. 727 do so much for others. He is well liked, very smart, very intelligent, and very quick witted,” Plank said.

He told a story in

Seniors Holiday Party

Friday, December 13, Noon

December 2013 I The Docket 29

Picture

THIS

New Attorneys Sworn in at Fall Admissions Ceremonys The 747 new attorneys who passed the bar in July 2013 were admitted to practice in Colorado on Monday, November 4. Preceding the ceremony was the 2013 Colorado Assembly of Lawyers entitled Profiles in Professionalism and Inclusion. The annual Assembly of Lawyers culminates October’s Legal Professionalism Month, during which members of the Colorado legal profession rededicate themselves to the highest standards of professionalism and integrity, and to promoting public confidence in the rule of law. This year’s Assembly featured

inspirational stories about how inclusiveness enriches the legal profession and its service to clients.

After the assembly, the new attorneys took the Oath of Admission and were welcomed to practice by the Colorado Supreme Court Chief Justice Michael L. Bender, U.S. District Court Chief Judge Marcia S. Krieger, and current CBA President Terry Ruckriegle. The keynote address was given by Alex J. Martinez, General Counsel to Denver Public Schools.

New and established attorneys stood together to take or renew their Oath of Admission to the practice of law.

Top right: Alex J. Martinez, General Counsel to Denver Public Schools, gives the keynote address.

Left: Supreme Court Chief Justice Michael L. Bender.

Colorado Gay, Lesbian, Bisexual, and Transgender Bar Association Celebrates Tenth Annual Awards The Colorado GLBT Bar Association held its Tenth Annual Awards dinner on Thursday, Oct. 24 at History Colorado. The evening began with cocktails and the judicial reception, and closed with dinner and award presentations. A wonderful time was had by all and it was hailed as one of the best of such dinners in recent memory!

Left: Rachel Clark and Judge Richard Gabriel.

Right: Attorneys Jon Corrigan and Ariel DeFazio.

30 The Docket I December 2013

DBA Happenings Board of Governors 2013 The Board of Governors Fall 2013 meeting was held at the Broadmoor in Colorado Springs on Saturday, Nov. 9. The Board approved all items on the agenda, including a bylaw amendment making the Animal Law Committee a standing committee of the CBA and a bylaw amendment granting the Military & Veterans Affairs Section a seat on the Board of Governors. They will recommend to the Supreme Court certain measures to provide additional funding resources for civil legal services. For a complete description of each item presented, visit bit.ly/1bEi7ja.

Chief Justice Bender received a standing ovation from members of the board as they recognized him for his years of service. Law school deans Marty Katz, from the University of Denver, and Phil Weiser, from University of Colorado, also held a panel discussion on the future of the legal profession and law schools.

CBA Immediate Past President Mark Fogg received his scrapbook (with current President Terry Ruckriegle).

New Two Day Orientation Welcomes New and Transplanted Attorneys to Denver Courts The Denver Bar Association’s Young Lawyers Division held its annual Court Orientation for new and new-to-the-area attorneys on Nov. 7 and 8 at the Ralph Carr Judicial Center. The two day programming covered the nuts and bolts of practicing law in Denver and around Colorado. This event focused on pragmatic tips for new local attorneys in any practice area. Presentation highlighted key ethical considerations for practitioners, strategies for negotiation and litigation, practical legal writing tips, common substantive issues new attorneys face, and much more. The program featured presentations from local judges, practitioners, and legal professionals. Immediately following Thursday’s programming the DBA YLD held its monthly Barristers Afterhours in the atrium of the Judicial Center. The BAH included free drinks, appetizers and great networking.

Supreme Court Chief Justice Michael L. Bender.

December 2013 I The Docket 31

38 YEARS

HONORABLE WILLIAM DOWNES

OF EXPERIENCE PROVIDES:

• • • • •

Hon. William F. Downes

2 years with JAMS 17 years of experience as a Federal Judge of the U.S. District Court of Wyoming (12 of which he was Chief Judge) 19 years as trial lawyer Accepts arbitration, mediation, special master, decision maker, discovery referee and mock trials Specialties: • Energy/Utility • Real Estate/Property • Business/Communication • Employment • Insurance • Personal Injury/Torts • Professional Liability

Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

Hon. James S. Miller

Hon. John P. Leopold

Sheldon E. Friedman Esq.

Hon. Harlan R. Bockman

John E. Hayes, Esq.

Randall C. MustainWood, Esq.

Collie E. Norman Esq.

Richard P. Myers Esq.

410 17 TH STREET, #1600 • DENVER, CO 80202 LOCAL: 303.534.1254 • TOLLFREE: 1.866.534.1254 www.jamsadr.com 32 The Docket I December 2013

THE RESOLUTION EXPERTS®