A Denver Bar Association Publication I 37 Issue 11 I December 2015
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Vol. 37 Issue 11 I December 2015
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A MESSAGE FROM DBA PRESIDENT JANET DRAKE DENVER’S ECONOMIC DISPARITY: REFLECTIONS ON RAMEN AND RED PEPPERS THE DOCKET GIFT GUIDE
5 NEW YEAR’S RESOLUTIONS FOR THOSE WHO DON’T BELIEVE IN NEW YEAR’S RESOLUTIONS
December 2015 I The Docket
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INSIDE 7 10 14
Briefly Come Join the Denver Bar Association’s Community Action Network and Make a Difference in the Denver Community Colorado Executive Branch Part 2: Attorney General Opinions
17 18 20
It’s Complicated
25 26 28
Ballpark Neighborhood: A Tale of Two Communities
DBA Member Highlight: Tia Zavaras Giving Back and Paying it Forward: Cyrus Rajabi’s Side Gig as a Firefighter Travel Spotlight Check Your Policy: Disciplinary Defense Insurance “Coverage”
IN EVERY ISSUE 30
Briefs
30
Bar Resources
31
Dates on the Docket
32
Legal Affairs
34
Picture This
The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.
THE DOCKET
A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16. Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Emma Garrison, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Elizabeth Leder, Paul F. Kennebeck, Keith Lewis, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Gregory D. Rawlings, Judith Rosenblum, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young DBA Officers: Janet S. Drake, President; Nancy Cohen, President-Elect; Richard M. Murray, First Vice President; Kevin E. McReynolds, Second Vice President; John M. Vaught, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Sarah M. Clark, Richard L. Gabriel, Franz Hardy, Margrit Lent Parker, Gerald D. Pratt and Shannon W. Stevenson
Visit Blog:
Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for The Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Jessica Volz at jvolz@cobar.org. 303-860-1115 • dbadocket.org Copyright 2015. 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.
DBAdocket.org 4 The Docket I December 2015
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.
Letter from the
EDITOR DEAR MEMBERS: The mark of a new year inspires resolutions that extend to the organizational level. Bar associations across the country are examining alternative methods of management in order to boost cost-effectiveness and relevance. When presented with these pillars of efficiency, the Colorado and Denver Bar Associations serve as a “super model.” Colorado is unique in that the CBA is the only state bar association to be jointly managed with a local bar association, the Denver Bar Association. This model is so efficient that it is being studied for emulation. A delegation from the Minnesota State Bar Association, the Hennepin County Bar Association (Minneapolis) and the Ramsey County Bar Association (St. Paul) journeyed to Colorado in October to learn how joint management works and to hear of its benefits as they consider alternative management models. Legend has it that in the mid-1940s, when CBA membership was at about 500 and DBA at about 350, both bar associations came to the conclusion that they needed to recruit their first staff member: a part-time secretary. To minimize expenses while attracting the best candidate, they decided to hire and share the same secretary. Now, almost 75 years later, with more than 19,000 members for the CBA and 9,500 members for the DBA, the model continues to thrive with a professional staff of 36. Through an economy of scale, the CBA and the DBA have kept dues well below those of comparable bar associations and member satisfaction at consistent highs. Yet for local and state bar associations that did not evolve with a joint management system already in place, the prospect of change can be as daunting as it appears advantageous. A fundamental concern lies in where members see their engagement, allegiances and cultural fit. As DBA President Janet Drake commented, “I think that’s where we have our identity problem. The strengths of local bars lie in their relationships; meanwhile, the CBA tends to be more substantive.” At times, it can be difficult to figure out who is doing what. However, the merging of identities is not necessarily a problem: “It’s a function of how we have
existed for many years,” said Drake. Bar associations that share the same staff and executive director are more likely to foster a brand of camaraderie that yields sustainable productivity rather than antagonistic competition. According to CBA President Loren M. Brown, a staunch proponent of “coopetition,” the transition to a joint management model for local and state bar associations does not automatically warrant an identity crisis. In his view, the way to address an organizational metamorphosis is through parallel strategic planning and the proportionate division of costs. “Figure out the values of the different organizations so that you do not experience that feeling of loss,” he suggested. For state bars, sections can be the key to uniting lawyers across practice areas and generations. In such a manner, local bars can still assert their respective spheres of influence through community engagement. Joint management with separate governing boards is not devoid of challenges. To address such issues, the CBA and DBA maintain a Joint Management Committee. According to Patrick M. Flaherty, Executive Director of the CBA and DBA, “that Committee, together with the legacy of trust and respect that has been building for 75 years, keeps the CBA and the DBA moving forward. No leader wants to kill this efficient model and resort to unhealthy duplication.” Above all, the adoption of a joint management model must be future-oriented. As DBA President-Elect Nancy Cohen emphasized, it is critical to define what the newer members want from the bar so that it remains relevant for generations to come. On that forward-looking note, I wish you all the comforts and joys of the season, of which reading The Docket from velveteen cover to velveteen cover is hopefully one. For those who are fortunate to be (or feel) at home for the holidays, I hope that this issue will inspire you to reflect on what you can do to help those who have no place called “home.”
With warmest regards,
Jessica A. Volz, Ph.D. jvolz@cobar.org
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A MESSAGE FROM DBA PRESIDENT
JANET DRAKE
HOMELESSNESS IS A PROBLEM
that most people want to ignore, but ignored problems won’t be solved. As attorneys in Denver, we are uniquely postured to help the homeless and those on the verge of homelessness. To understand the scope of the problem, I looked at a point-in-time study conducted by the Metro Denver Homeless Initiative, which determined that there were more than 3,700 homeless people in Denver County in January 2015. Approximately 20% of homeless people were “newly homeless,” meaning that they had been homeless for less than a year and that this was their first episode of homelessness. Factors that contribute to homelessness include unemployment, substance abuse, relationship problems and mental illness. (See mdhi. org.) According to Denver’s Road Home, 64% of the homeless in Metro Denver are families with children and one third of the homeless are working (denversroadhome.org). How can you make a difference? The Colorado Coalition for the Homeless has a Colorado Poverty Law Project that partners with the Denver Bar Association’s Access to Justice Committee. The mission of the Colorado Coalition for the Homeless is to work collaboratively toward the prevention of homelessness and the creation of lasting solutions for homeless and at-risk families, children and individuals throughout Colorado. To do so, the Coalition provides housing, health care and a variety of supportive services to improve the health, well-being and stability of those it serves. The Coalition’s comprehensive approach addresses the causes, as well as the consequences, of homelessness, offering critical assistance to more than 15,000 individuals and families each year. The Colorado Poverty Law Project holds a legal clinic on the third Wednesday of each month from 4:00 to 6:00 p.m. at the Stout Street Health Center. Volunteer attorneys work with
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more experienced attorneys until they are comfortable working independently. The Colorado Poverty Law Project also has an Eviction Pro Bono Program that is held in partnership with the Denver County Court Self-Help Center to help people on the verge of eviction. Attorneys are offered legal education about landlord-tenant law so that they can help pro se parties understand the eviction process and related legal remedies. D
For additional information, please contact: coloradocoalition.org Blair Kanis at blair@copovertylawproject.org Tom Snyder at Tom@copovertylawproject.org
Here is a partial list of other programs in Denver that help the homeless population: Colorado Lawyers Committee — coloradolawyerscommittee.org Denver Rescue Mission — denverrescuemission.org The Gathering Place — tgpdenver.org Metro Caring — metrocaring.org Urban Peak — urbanpeak.org D
A special thanks goes to the following individuals who assisted with this article: Blair Kanis, attorney at Kutak Rock, LLP Adam Espinoza, Denver County Court Judge Katy Fleury, Colorado Coalition for the Homeless, Education and Advocacy Coordinator Cat Shea, attorney at the Office of Attorney Regulation Counsel Connie Talmage, Executive Director, Colorado Lawyers Committee
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DENVER’S ECONOMIC DISPARITY: REFLECTIONS ON RAMEN AND RED PEPPERS By A lici a H ouse r The coveted chance to live in the capital city of the fittest state in the nation, where the sun shines 300 days a year and some of the country’s best hiking and skiing are located a short drive away, comes at a steep cost. The financial strain of survival is felt most acutely by those individuals already experiencing disadvantaged living conditions. Denver rental costs increased 9% in the last year, vastly outpacing the national average of 3.4%. In that same period, Denver witnessed a rise of 5% in the homeless population. According to Denver's Road Home (the city's 10-year plan for reducing the homeless population), the most commonly reported reasons for homelessness in Denver are joblessness, housing costs and the breakup of a family. A single parent with one preschooler needs to earn $47,914 (or $22.68 an hour) to "attain a secure yet modest living standard," placing Denver’s self-sufficiency standard on par with that of Washington, DC. (See The Self-Sufficiency Standard for Colorado 2015.) Meanwhile, the median income for single mother families is $23,607, making it impossible to meet all basic needs. This high cost of living forces low-income families to decide
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which basic needs to fill and which to sacrifice. This is where Metro Caring comes in. At Metro Caring, we see families sacrifice nutritious food and, in turn, health. After shelter, childcare, utilities and transportation, healthful food is not a priority. Cheap calories in the form of noodles, chips, cookies and soda are readily available, whereas the prices of fresh foods — produce, whole grains and dairy — are cost-prohibitive to low-income or unemployed individuals. Poor nutritional choices at the grocery store contribute to high rates of obesity, heart disease and depression, coupled with decreases in cognitive functioning, energy and productivity, further entrapping low-income families and homeless populations in the cycle of poverty. Metro Caring fights this system every day by offering a free fresh foods market to any individual in need with no income or geographic restrictions. Metro Caring receives daily donations of fresh food from grocery stores and local urban gardens — food that would otherwise go to a landfill — and distributes that food to individuals from across 113 zip codes and seven counties. We send each person who shops in our market with one week's worth of nutritious food for their household. Our market utilizes a self-select model, lending dignity to the process of needing help and allowing people to make choices according to dietary and housing needs. It is our strong belief that everyone deserves access to nutrient-rich food — an essential component of good health and equal opportunity. D
“A single parent with one child needs to earn $47,914 ... to ‘attain a secure yet modest living standard,’ placing Denver’s self-sufficiency standard on par with that of Washington, DC. “
Alicia Houser works as Metro Caring’s Development Associate. She was first exposed to the injustice of food insecurity during her year as an Americorps volunteer at a low-income elementary school. She can be reached at ahouser@ metrocaring.org.
ABOUT METRO CARING: Metro Caring relies on more than 100 dedicated volunteers each week to facilitate shopping in our market, sort and shelve food and provide community navigation to our participants. Shifts are available MondayFriday from 9 a.m. to 3:30 p.m. and Tuesday nights from 5 to 8 p.m. Interested individuals and groups can apply online through metrocaring.org or by contacting our Volunteer Coordinator, Megan Maes at mmaes@metrocaring.org. Those in a position to support Metro Caring financially can donate through metrocaring.org or by mail: Metro Caring P.O. Box 300459 Denver, CO 80203. Ninety-four cents of every dollar donated goes to programming. December 2015 I The Docket
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COME JOIN THE DENVER BAR ASSOCIATION’S COMMUNITY ACTION NETWORK AND MAKE A DIFFERENCE IN THE DENVER COMMUNITY!
(Top) Kris Reed, Sarah Millard and Arax Corn at Project Angel Heart. (Left) Raffle winner Mickey McElhone.
By Rob in H o o ge rhy de The Community Action Network (CAN) Committee is actively seeking new members to join its mission of serving the metro Denver community through service and fundraising activities. In years past, CAN hosted four annual
10 The Docket I December 2015
drives supporting Denver charities: Toothbrushes for Tots, a drive collecting toothbrushes and other dental supplies for Kids in Need of Dentistry; Roll Out the Barrels, a food drive collecting supplies for Metro Caring; a School Supply Drive benefiting homeless students in Denver Public Schools; and Strikes for
Tykes, a bowling event supporting Children’s Outreach Project, a nonprofit preschool center with therapeutic services. CAN also volunteers with various charities, including Project Angel Heart and Metro Caring. In the coming months, CAN is committed to bringing more service project opportunities to the DBA. The Committee is considering trail rebuilding with Volunteers for Outdoor Colorado, tree planting for Arbor Day in April 2016 and return visits to both Project Angel Heart and Metro Caring. In December, the CAN Committee will participate in a Young Lawyers Division happy hour event. Please consider coming out to meet all of the great YLD members and learn more about CAN’s mission to do good works in the Denver area. You can find out more about the CAN Committee by joining the mailing
Students Alexandra Rosales, Leticia Rosales and Edward Rosales at the School Supply Drive.
{
2014 School Supply Drive volunteers.
”The Community Action Network (CAN) Committee is actively seeking new members to join its mission of serving the metro Denver community through service and fundraising activities.”
list or by attending one of our meetings, held at noon on the third Tuesday of every month. Email Kate Schuster at kschuster@cobar.org to sign up for the meeting. Check out the great charities that
{
we partner with by visiting kindsmiles. org, metrocaring.org, eop.dpsk12.org and childrensoutreachproject.org. For information about our latest drives and service projects, go to dbacan.com. D
Robin Hoogerhyde has been a member of the Colorado Bar since 2008. Her primary passions are fostering dachshunds and spending time with her husband. When she isn’t working at the Colorado Court of Appeals, you can find her playing in her backyard, running, or baking. She can be reached at robin.hoogerhyde@gmail.com.
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THE DOCKET To make your holiday season less of a mind-boggling affair, The Docket has curated an exclusive gift guide with DBA members in mind.
1. FOR THE PARTICULARLY NOTEWORTHY: Legal Notes (The Unemployed Philosophers Guild) This whimsical set contains an ample quantity of clever sticky notes for all sorts of legal situations. Included is a miniature legal pad, fun and functional arrows and even a “Blind Justice” note pad. The collection folds up into a pocketsized booklet, so you can stash it away when you're on the docket. $6.50 philosophersguild.com/Legal-Notes.html
2. FOR THE DRAMATICALLY INCLINED: Poldark (Masterpiece, 2015) If you are shopping for someone in need of a hefty dose of historical fiction that highlights the state of the legal system in late-eighteenth-century Britain, look no further. The BBC’s latest adaptation of Winston Graham’s best-selling novels stars Aidan Turner (The Hobbit) as the swashbuckling Ross Poldark and Eleanor Tomlinson (Death Comes to Pemberley) as the strong-willed Demelza. The saga begins when Ross Poldark returns to his beloved Cornwall after fighting in the American Revolutionary War. He finds England in a recession, his father dead, his family's land and copper mines in ruins and his childhood sweetheart about to marry his first cousin. Despite the betrayal he encounters, Ross is determined to rebuild his life, regardless of the trials — literal and metaphorical — that the future holds for him. This series has it all, from superb acting to windswept coastlines. $24.99 http://www.shoppbs.org/product/ index.jsp?productId=60958836
3. FOR THE GADGET LOVER: Mini Briefcase (Kikkerland) This mini metal briefcase is certain to keep your coveted business cards safe! Made from scan-proof aluminum with functional clasps, strong hinges and a mini handle. $15.00 kikkerland.com/products/mini-briefcase/
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4. FOR THE UNSINKABLE OPTIMIST: Molly Brown’s Special Blend Loose Tea (Harney & Sons) This exquisite black and jasmine loose tea blend was created specially by Harney & Sons for the Molly Brown House Museum. It comes sealed in a lovely black tin. $9.50 store.historicdenver.org/store/molly-brown-souvenirs/ molly-browns-special-blend-loose-tea-/
5. FOR THE ADMIRABLY CHARITABLE: Heifer International Empower needy children and families around the world by giving animal gifts that will help them become selfreliant. Such a life-promoting gesture is certain to make the world a better place for those experiencing undue hardship. From $20.00 heifer.org/
6. FOR THE OENOPHILE-BIBLIOPHILE: The Little Red Book of Wine Law This ingenious gift is certain to prove a pageturner for lawyers who are book-lovers and wine-lovers at heart. This book explores how law and wine have crossed paths, sometimes with very intriguing, if not fruitful, results. Topics include an old requirements contract between wine producers and grape growers, family/partnership issues, relationships with distributorships, labor issues, trademark disputes and international/global concerns. This book is the second in the ABA's "Little Book" series. $19.95 shop.americanbar.org/eBus/Store/ ProductDetails.aspx?productId=212993
7. FOR THE CULINARY WHIZ: Lazy Susan (Food52) A lazy susan is one of the cleverest of items and should be on everyone's dinner table. This version from Boston Handyworks comes in maple or walnut and measures 16 inches in diameter. Every purchase supports Boston Handyworks and their mission to provide transitional employment opportunities for homeless and formerly homeless men and women. $95.00 food52.com/shop/products/1400-lazy-susan-16/ bostonhandyworks.com
8. FOR THE FANTASTICALLY FASHIONABLE: YSL Retrospective Fragrance Set (DSH Perfumes) The Denver Art Museum commissioned Boulder-based perfumer Dawn Spencer Hurwitz to create a spectrum of fragrances inspired by the only North American showing of the Yves Saint Laurent Retrospective Exhibit. This timeless collection chronicles YSL’s creative career in a manner that perfectly captures the artistic collaboration between fashion, culture and perfume.
9. FOR THE OSTENSIBLY ONE-OF-A-KIND: Lawyer Poet (Magnetic Poetry) Lawyers should never be at a loss for words. This ingenious Magnetic Poetry kit provides a box of 200 indispensable adjectives, nouns, adverbs and the like, which are, as the packaging spells out with a flourished forewarning, “innocent until proven guilty.” $11.95 magneticpoetry.com/products/lawyer-poet
10. FOR THOSE WITH LAWYERS-TO-BE: Baby Clothing (CafePress) CafePress offers a treasure trove of attorney-related baby clothing featuring irresistible catchphrases, including “Trust Me My Dad’s A Lawyer” and “I torted.” What’s not to love? From $10.99 cafepress.com/+attorney+baby-clothing Disclaimer: Prices and availability may vary.
$45.00 dshperfumes.com/shop/the-ysl-retrospectivecollection-sample-set/
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Colorado Executive Branch Part 2: Attorney General Opinions By Dan Cord o va and C hris H ud son The office of Attorney General has a long and distinguished history. Legal officers bearing the name were representing the interests of the English Crown as early as the thirteenth century. When English colonists arrived on North American shores, they brought with them the customs, practices and procedures of their homeland, including the office of Attorney General. The first recorded appointment of an Attorney General in the colonies occurred in 1643 when Richard Lee became Attorney General for the Colony of Virginia. He heralded from a family of great renown. Direct descendants of the New World’s first Attorney General include: Richard Henry Lee, a signer of the Declaration of Independence; President Zachary Taylor; and Confederate General Robert E. Lee. Not included in the U.S. Constitution, the office of Attorney General was created at the federal level by the Judiciary Act of 1789. A majority of the states included the office in their initial state constitutions. The first Attorney General in Colorado was James E.
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Dalliba, who served simultaneously as Colorado Territorial Attorney General and U.S. Attorney General for the Colorado Territory from 1861 to 1862. When Colorado became a state in 1876, the office was one of the seven Executive Department positions created by Article IV §1 of the Colorado Constitution. In the election that occurred in the fall of that year, 36-yearold Archibald J. Sampson was elected Colorado’s first Attorney General. Today, the Colorado Attorney General and the Colorado Department of Law (DOL) are collectively referred to as the Colorado Attorney General’s Office (AGO). The DOL’s mission is “to provide professional, ethical and independent legal services to the State of Colorado and its citizens, to promote respect for law and access to the justice system, to ensure the fair and open exercise of government and to protect and advance the public interest.” Services are provided by eight operational sections: Business and Licensing; Civil Litigation and Employment Law; Consumer Protection; Criminal Appeals; Criminal Justice; Natural Resources and Environment; Revenue and Utilities;
and State Services. The statutory authority for the Department is found in C.R.S. 24-31-101, et seq., and additional specific authority is found in titles 5, 6, 10, 11, 12, 25, 33, 34, 36, 37 and 39. Elected in November 2014, Attorney General Cynthia H. Coffman is Colorado’s 38th Attorney General. Among other duties, the Attorney General is responsible for enforcing consumer protection and antitrust laws, prosecuting criminal appeals and white-collar crimes and representing the State in civil, natural resources and environmental matters. Additionally, the AGO works concurrently with State and federal law enforcement authorities to carry out its statutory criminal justice duties. The Attorney General is also legal counsel and advisor to “each department, division, board, bureau and agency of the state government other than the legislative branch” C.R.S. 24-31-101(1)(a). The AGO is a mostly cash-funded department (see C.R.S. 24-31-108). With a budget of just over $77 million, the AGO employs approximately 480 full-time employees. The majority of its funding comes from the provision of legal services to other state agencies and programs. Formal AG Opinions are one such service. Formal AG opinions are governed by statute (see C.R.S. 24-31-101 et seq). They are most often requested by another governmental agency, specifically by one of the enumerated agencies statutorily empowered to seek legal opinions from the AGO. It is the duty of the Attorney General to issue a formal opinion in response to a written request from the General Assembly or either house thereof, the governor, lieutenant governor, secretary of state, executive director of the department of revenue, state treasurer, state auditor or commissioner of education. In rare situations, the Attorney General may issue a formal opinion without a request (Op. No. 05-04, August 16, 2005 and Op. No. 01-01, July 5, 2001). Formal opinions are arranged by number and are published chronologically. It is important to note that different numbering systems have been employed over the years. A chart showing the differences is included at the conclusion of this article. At the end of an Attorney General’s elected term, the formal opinions are compiled into a set and preserved for future reference. Historically, this has been done in book form. It is left to the Attorney General’s discretion whether to include the requesting letter with the issued opinion when the final set is compiled. Currently, formal AG opinions are also posted on the AGO website. Formal opinions represent the AGO’s collective professional opinion on a specific legal matter. In the process of issuing formal opinions, the Attorney General is assisted by the Solicitor General and/or other subject area specialists within the various legal divisions of the AGO. Formal opinions exist to harmonize the interests of the State with those of the requesting government office. Formal opinions are considered binding on the DOL during the term of the issuing Attorney General, and potentially binding on and at least persuasive to the DOL in later years. However, the Colorado Supreme Court has ruled that a formal AG opinion is merely persuasive in judicial proceedings. Colo.
Common Cause v. Meyer, 758 P.2d 153 (1988). While there is no required timeline for the issuance of a formal AG opinion once requested, they are usually released within 60 days under normal circumstances.
THE PROCESS TYPICALLY PROCEEDS IN THE FOLLOWING MANNER: 1. An appropriate request is received, and the legal question to be answered is agreed upon by the requester and the AGO. 2. The question is assigned to a subject matter expert within the AGO who drafts an answer. 3. The Solicitor General works with the expert (usually an attorney) to refine the draft, conduct additional research and consult with other subject matter experts as necessary. 4. With the advice and consent of the Attorney General, and in consultation with other members of the Attorney General’s senior staff, the Solicitor General edits the submitted draft. 5. The revised draft opinion is sent to all AGO Deputies for informational purposes and for review and comment on the substantive issue(s). 6. The Solicitor General recommends the opinion to the Attorney General. 7. If the Attorney General agrees with the opinion, the Attorney General signs it. 8. The original hard copy is sent to the client who requested the opinion. 9. An electronic copy is posted on the AGO’s web page.
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Public access to formal AG opinions is available through the AGO. Electronic copies of some opinions are available on the AGO’s website. Additionally, scanned copies of all opinions are available upon request. Requests should be emailed to the AGO at attorney.general@state.co.us and must include the date the opinion was issued; any other identifying information supplied assists verification and delivery.
“
When English colonists arrived on North American shores, they brought with them the customs, practices and procedures of their homeland, including the office of Attorney General.”
Staff attorneys in the DOL also issue informal opinions to clients. In contrast to formal AG opinions, informal opinions are purely representational in nature and, as such, are protected by attorney-client privilege. A final point of clarification is necessary. Formal AG opinions are distinct from AG Rule opinions, which are produced in compliance with the Colorado Administrative Procedure Act (CAPA). AG Rule opinions are issued to certify the Attorney General’s opinion that a given administrative rule is within the scope of the issuing agency’s legal authority. D
Opinions reprinted in biennial Attorney General reports. 1876 – 1916 E.g., Report of the Attorney General for the years 1891 and 1892. Opinion numbers restart at 1 at the beginning of each 2-year term. E.g., 1925 and 1926 opinions of Attorney Gen1917 – 1938 eral William L. Boatright are numbered 1 to 294. In his next term, 1927 and 1928, the number restarts at 1 and goes to 500. 1939 – 1958
Opinion numbers continue in sequence beginning with 1 in 1939 and ending with 3223 in 1958.
1959 – 1972
Opinion numbers continue in sequence with the addition of a year indicator, 59-3224 to 72-4719.
1973
Opinions restart at 1 and include a year indicator, 73-0001 to 73-0043.
1974 Opinions restart at 1 and include a year indicator, 74-0001. 1975 – 1983
Opinion numbers use a six-digit date code. E.g., 122975 is the number for the opinion issued on December 29, 1975.
Opinion numbers use a year indicator and restart number1984 – 2015 ing at 1 each year. E.g., 84-1 was the first opinion issued in 1984; 15-04 was the fourth opinion issued in 2105.
16 The Docket I December 2015
RESOURCES: Colorado Attorney General’s Office official website: coloradoattorneygeneral.gov. Colorado Department of Law SMART Government Act Strategic Plan, July 1, 2015. Available at: coloradoattorneygeneral.gov/sites/ default/files/uploads/BL/Administration/Budget/SmartAct/DOL_ SMART_Strategic_Plan_Final.pdf. Fred Yarger, Colorado Solicitor General, interview given to Dan Cordova (October 6, 2015). Suthers, John and Terri Connell, The People’s Lawyer: The History of the Colorado Attorney General’s Office (Kearney, NE: Morris Publishing, 2007). The authors wish to thank the Colorado Solicitor General, Fred Yarger, for his time and expertise in the preparation of this article. Dan Cordova is the Colorado Supreme Court Librarian. Chris Hudson is the Deputy Colorado Supreme Court Librarian. They can be reached at 720-625-5100 or at library@judicial.state.co.us.
IT’S COMPLICATED By K e ith Le wis The Docket roots out wasteful, old-fashioned and meaningless procedures that remain affixed to our profession so as to annoy us way too often.
“Is this rule meant to protect us from the threat of fast-moving litigation and efficient courts?” I recently had the experience of outpacing the Colorado legal system. (It was not as hard as one might expect.) I dared to propound discovery as soon as the case was “at issue” instead of delaying 42 days, as I later realized was required by CRCP 16(b) (10). I guess litigation had been moving too fast in Colorado. Is this rule meant to protect us from the threat of fast-moving litigation and efficient courts? Trial practice and procedure is rife with areas in need of improvement. I’m sure that the “42 to discovery delay provision” is only the tip of the iceberg of confounding and wasteful provisions in the legal system. D
Keith Lewis is a Denver-based appellate and trial attorney. He can be reached at keith@lewislawdenver.com. Send “It’s Complicated” submissions to Docket Editor Jessica Volz at jvolz@cobar.org.
Seniors HolidayParty Friday, Dec. 11, Noon Come enjoy a hot buffet and lots of holiday fun, while catching up with friends and colleagues. Denver Bar Association Offices 1900 Grant St., Suite 900 Attendance is $15 per person.
Please RSVP by Monday, Dec. 7 by emailing lunches@cobar.org, or calling 303-860-1115, ext. 727.
December 2015 I The Docket
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DBA MEMBER HIGHLIGHT 10 QUESTIONS: TIA ZAVARAS
7. What is your favorite thing to cook? Predictably, Italian food. My family has an amazing linguine and clams recipe that is my go-to dish.
8. How do you de-stress?
Tia Zavaras and her family at the Royal Gorge.
1. Where did you go to law school and where are you currently working?
In 2014, I was diagnosed with breast cancer. During the treatment process, I was introduced to transcendental meditation (TM). TM has had the most immediate and profound effect on managing stress in my personal and professional life.
9. What is your biggest pet peeve?
I attended the University of Denver for law school. I have been practicing construction defect litigation at Benson Kerrane Storz and Nelson since 2007.
Negativity — Most of us realize how much negativity affects group and personal dynamics. Eventually, negativity will alter your brain and body chemistry in a variety of bad ways. I can’t remember a single instance where negativity helped me personally or professionally.
2. Why did you become a lawyer?
10. If you weren’t a lawyer, you’d be:
During undergrad at Arizona State, I interned for a district court judge. I realized how much having an attorney leveled the playing field. If you have good, competent representation, it shouldn’t matter what your socioeconomic status is.
A comedic actress. There is no better feeling than connecting with people through laughter. D
3. What’s the best advice you’ve ever been given? Never stop pushing your own boundaries to the level of discomfort.
4. Where are your favorite places to travel? Italy, Hawaii and anywhere with my husband Andy and sons Colin, Beckham and Rocco.
5. Are you currently binge watching any shows? Yes. My husband and I eased in with “Prison Break” and moved on to “Dexter,” “Mad Men,” “Breaking Bad,” “Homeland,” “The Wire” and “Boardwalk Empire.”
6. What’s the best restaurant in Denver? My husband’s uncle Pete owns Greek Town Café on Colfax. I could eat there several times a week and never tire of it. The Gyro Salad is the best in town.
18 The Docket I December 2015
Office Space Available Office on Historic Larimer Square One office available for lease in a beautiful, fullyoutfitted two office suite at 14th and Larimer Street. The Suite has unobstructed views of the mountains, and is 700 square feet, has a glass door, two windows, and one exposed brick wall. There is a spare granite topped reception/assistant desk available, if needed. Lease-holder is a well-known and respected criminal defense attorney with 26 years experience. Lease terms ($1200-$1600) are negotiable depending on services and space desired, as well as length of term. Call 303-887-0788 or email greg@gdrlaw.com.
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Providing innovative interior design and space planning solutions for professional offices and other commercial facilities www.koplininteriors.com 303-506-3405 December 2015 I The Docket
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GIVING BACK AND PAYING IT FORWARD: CYRUS RAJABI’S SIDE GIG AS A FIREFIGHTER
By E mma Garrison The “Side Gig” series features DBA members who engage in extraordinary ventures when they are not practicing law. These lawyers are certain to inspire others to nurture their own passions and hobbies, even if they only have nights and weekends to devote to them. While attorneys often talk about “putting out fires,” they don’t usually mean it literally. However, that is not the case for Cyrus Rajabi, a shareholder at Jones & Keller, who is also a reserve firefighter and emergency medical technician (EMT) for the Arvada Fire Protection District. He began working on his medical and fire certifications in 2008, and, after making partner, began serving with Arvada Fire in 2011. Despite the title “firefighter,” roughly 80% of the work is emergency medicine related. In this role, Rajabi stands at the ready to render aid in response to 911 calls. The unit receives a wide variety of calls, including minor incidents, like patients having trouble with mobility who need assistance, life-threatening medical emergencies, like cardiac arrest or stroke, car accidents, HAZMAT calls and the occasional fire. Rajabi has experienced firsthand how firefighters can help save a life. When he was a teenager, he watched while his mother had a severe allergic reaction to a medication. “As she struggled to breathe and turned blue, I was horrified. I felt powerless. All I could do was run for help.” That call for help was answered by firefighters from the South Metro Fire Department who were able to save her. “I am eternally grateful for the life they saved that day — both my mom’s and my own.” The experience taught Rajabi that the gift of his mother’s life did not come for free
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but from the sacrifice, hard work and dedication of those firefighters. “I seek to pay forward that gift every day.” Rajabi dedicates approximately 60 hours a month to taking on shifts and participating in trainings to maintain his firefighter, EMT and HAZMAT certifications. While the work is physically and mentally exhausting, he finds it tremendously rewarding. Knowing that he made someone’s very difficult day a bit better — or even helped save someone’s life — never fails to reinvigorate him. The experience with his mom left him with the fear of not being able to help those in need. He now channels that fear into a passion for helping others and a commitment to lifelong learning in all aspects of his life. In Rajabi’s day job, he focuses his practice on securities, corporate finance, real estate, business and insurance law. He particularly enjoys representing entrepreneurs and helping them bring their ideas to life. Much like firefighters “they share a certain tenacity, spirit and dedication to achieving goals in spite of what many would characterize as insurmountable obstacles.” While the stress of law practice is something he works hard to manage well, Rajabi does not feel stress when responding to an emergency. “Going into fires is one of the few times in my life where I’ve felt like all of life’s stresses have vanished and have been replaced by that singular intense focus.” The clear sense of purpose that exists during an emergency has helped Rajabi in his law practice to focus on what’s really important for his clients rather than allowing things to get lost in technical arguments and ego battles. Rajabi also occasionally learns legal lessons from his experiences in the fire service. Once he witnessed a police officer standing outside the hospital room of a stab wound victim about to undergo surgery for the purpose of taking a dying declaration about his alleged attacker. “The dying declaration exception to the hearsay rule never stuck with me in law school as much as it did that day.” Rajabi feels strongly that his work as a firefighter has made his world more beautiful and given him a more upbeat perspective in both his law practice and in his side gig. His story reminds us that giving back to the community is wonderful way to “light a fire” within ourselves and enrich our own lives. D Emma Garrison is Staff Counsel at Wheeler Trigg O’Donnell LLP. She also co-chairs the DBA 15x15 Task Force, which develops strategies for increasing young lawyer membership in the bar association. She can be reached at garrison@ wtotrial.com.
Ken Simon
December 2015 I The Docket
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FIVE RESOLUTIONS
NEW YEAR’S
FOR THOSE WHO DON’T BELIEVE IN NEW YEAR’S RESOLUTIONS!
By R e b a Nance
It’s hard to believe that 2016 is almost here. Whether you’re someone who comes up with New Year’s resolutions at the beginning of a new year or not, it’s still helpful to look back at the year that’s ending and reflect on what went right and what you’d like to be different in the coming year.
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I ADMIT IT’S BEEN A WHILE SINCE I SAT down and actually drafted resolutions for a new year. I learned years ago that my resolutions for the new year invariably looked a lot like the resolutions from the year before. I suspect at least some of your resolutions fall into the same category. But this year, I challenge you to take a new look at resolutions. The main reason resolutions fail is because the goals (and they are goals after all) aren’t specific, measurable or attainable. That may sound scientific, but take a step back: A goal such as “spend more time with family and friends” is bound to fail if you don’t structure it so that it’s specific, measurable and attainable. Instead of “spend more time with family,” think about something more specific, like “spend one hour each week with family.” Or break it down even more to “spend at least one hour every Wednesday night with a family member.” Put it on your calendar, and when you do your weekly planning, decide specifically what you’re going to do the next week to move closer to attaining your goal. Maybe it’s going out to dinner, watching a movie or taking a walk. You might decide to go to dinner next Wednesday with Ryan and catch a movie the week after with Aaron. If it’s on your calendar, you’re more likely to actually do it. Below are some resolutions that might make your professional and personal life richer and more fulfilling in 2016. It would be a mistake to try to take on too many resolutions. Instead, come up with your top one, two or three and “Just Do It!”
1. GET ORGANIZED. If your office or personal space at home isn’t conducive for getting work done or relaxing after a day at the office, take some time to get organized. You don’t have to get it done all at once, but come up with a plan and then schedule something on your calendar every day (or every week) that will help move you forward. Take a look at Getting Things Done: The Art of StressFree Productivity by David Allen for some ideas. If you’re a CBA mem-
ber, you can check it out for free from our Lending Library (cobar. org/library). Allen’s system shows you how to capture everything you need to pay attention to and put a “stake in the ground” so that it doesn’t fall through the cracks.
2. GET IN CONTROL OF YOUR EMAIL Put emails in folders. Move emails from your inbox or folders onto your hard drive. Turn off email alerts so that you aren’t distracted by each new email that hits your inbox. Limit yourself to checking email only at certain times during the day. Check out the August 2014 LPM Newsletter introduction for my tips at cobar.org/page.cfm/ ID/23006/.
3. SET ASIDE TIME EVERY WEEK FOR THINGS THAT YOU WANT TO DO. This could be as simple as coming up with major categories for things you’d like to pay attention to, such as: finances; health (getting in shape!); relationships; work; home improvement; etc. Then, slot an activity or two onto your calendar every week. Putting it on your calendar is a positive step toward making it happen in actuality. Under each category, list activities or projects on which you’d like to focus. Under “finance,” you might have things like refinance your home, develop a budget and tracking system to see where your money goes and/or put money aside every month for retirement.
4. LEVERAGE TECHNOLOGY. Invest in technology to help keep track of commitments, documents, calendars, tasks, etc. Or learn to use the programs that you already have! Check out the list of software on the LPM website (cobar.org/index. cfm/ID/422). There is also great information in our monthly Tech Tuesday webinars (cobar.org/techtuesdays/). The June 2015 webinar (vimeo.com/131817270) featured Credenza, a free program that turns Outlook into practice management software. Clio and Rocket Matter are additional practice manage-
ment software options, and both offer discounts to CBA members. TheFormTool lets you automate document assembly. The basic version is free, and I guarantee that it will save you time and effort. These software options are not specific to any practice area. If you need help managing your practice (and who doesn’t!), these options will help. If your resolution is to learn to use the software you already have, check out lynda.com for software training. Lynda offers a free trial, and at only $24.99 per month for unlimited usage ($19.99 if you pay for one year in advance), you can search by name of software, name of trainer (if you find one you particularly like) or topic. Try it for a couple of months, and I know that you’ll be amazed how much more you can accomplish.
5. DON’T TRY TO DO EVERYTHING. If you do, you’ll end up getting nothing done. There are days when trying to accomplish just three things is too ambitious. Instead, sit down every morning (on weekends, too!) and ask yourself: “What one thing, if I accomplished it today, would make me feel as if my day had been productive?” Focus on that task first. This question comes from the book How to Do More In Less Time: The Complete Guide to Increasing Your Productivity and Improving Your Bottom Line by my friends Allison Shields and Daniel Siegel. This book is also available through our free Lending Library. D With a little reflection and planning, 2016 could be your best year ever! Reba Nance is the Director of Law Practice Management and Risk Management for the Colorado Bar Association. She can be reached at reban@cobar.org.
December 2015 I The Docket
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BALLPARK NEIGHBORHOOD:
A Tale of Two Communities
By T y Nagamatsu
This year as a 3L, I am participating in the Community and Economic Development (CED) Clinic, the exclusively transactional clinic at DU Law. During the CED Clinic orientation in August, our team of Student Attorneys and Supervising Attorneys went on walking tours of local neighborhoods to observe different approaches to development. One of these neighborhoods was Ballpark/Five Points. On the tour, many of us were struck by the seemingly uncomfortable coexistence of the large homeless population drawn by the services of Denver Rescue Mission (DRM) and the newer residents drawn by recent development. In an article for The Denver Post, Jon Murray explained the tension as follows: “Two sometimes-conflicting dynamics define the friction: the area’s longtime status as a homeless haven and its more rapid gentrification, sprouting high-rise apartments and condos.” This friction Murray describes is best captured in the example of Triangle Park — a long-time homeless resting place recently transformed into a fenced-off dog park. Over the past two years, the tension between these two communities has continued to climax in a heated zoning battle, and in late October of this year, a court issued the final word.
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Here’s the story in a nutshell: • Since its founding in 1892, DRM has been providing the majority of downtown Denver’s homeless services from its location in Ballpark/Five Points. Over the past ten years, the area has been eagerly developed with new restaurants, new businesses and new residents, who have, in turn, become increasingly unhappy with their homeless neighbors. • In 2014, the City of Denver approved DRM’s proposal to build a subsidized $8.6-million facility (11,800 square feet). • Shortly afterward, the Ballpark Neighborhood Association (BNA) filed an appeal challenging the approval on procedural grounds. BNA argued that the city’s advisement to DRM to change the proposal language from “expansion of current services” to “community center” enabled DRM to circumvent a public hearing. David Foster of Foster Graham Milstein & Calisher, who represented BNA during this time, stressed BNA’s desire to be a part of a public conversation about the project. • On November 18, 2014, the Denver Board of Adjustment for Zoning Appeals confirmed the city’s approval of the project, explaining that it is standard procedure for the
•
•
•
•
•
city to advise all applicants in relation to zoning issues. Armed with this approval, DRM continued with its expansion plans. At the time, BNA President Judy Schneider expressed BNA’s disappointment with the decision. Shortly after, BNA filed a lawsuit arguing that in spite of the language change in the proposal, DRM’s expansion violated the zoning code because DRM intended to use the new facility as an expansion of current services and not as a community center with new and additional services. On September 3, 2015, Denver District Court Judge R. Michael Mullins agreed with BNA’s argument that the intended use did not fall within the definition of a “community center” as defined by the Code. According to Judge Mullins, the City of Denver and the Board of Adjustment for Zoning Appeals had “abused their discretion and exceeded their jurisdiction.” For over a month, the doors of the nearly complete Lawrence Community Center remained shuttered. At the time, David Broadwell, an assistant city attorney, said: “The fight is not over.” Shortly after Judge Mullins’ ruling, the mission and the city filed a motion of reconsideration asking the Judge to reverse his ruling. The ruling was not expected until midNovember, but on October 27, 2015, a different Denver district court judge reversed Judge Mullins’ September 3 ruling. According to this new order, the city and DRM had provided adequate evidence in oral argument and supplemental briefing to show that the expansion did not violate zoning codes because the existing Shelter and the new Center were two distinctly separate buildings on two distinct lots. The ruling also clarified that DRM would not be allowed to house additional residents in the new Community Center. In response to the recent reversal, BNA spokesperson Dennis Ryerson stressed BNA’s main interest of “ensuring that the homeless population in [their] neighborhood is not expanded” by “continu[ing] to encourage the city to disperse services.”
Community Center, it was a promise to provide a safe, dignified place for those in need of basic services and to wait for assistance at the Rescue Mission. I'm very pleased with the judge's ruling, as it means we can get this vital service back on track to opening before the winter months are upon us.” But regardless of the merits of BNA’s frustration, the fact remains that, without the facilitation of a more public hearing, BNA didn’t feel heard in the process. Given an opportunity to voice its concerns, BNA would have expressed its dissatisfaction with the city’s subsidy being used for a community center, a project BNA understands to be a “Band-Aid” fix to a growing problem. BNA claims it would have rather seen the city’s subsidy put toward long-term supportive housing and wraparound services, such as transitional housing, job training, drug treatment and mental health care. (It is unclear how these services are distinctly different from DRM’s New Life Program that will likely utilize the new facility.) Whatever your views are on the economic development happening in Ballpark/Five Points, the friction between the homeless community and the Ballpark area business owners reminds us of the social upheaval and overlapping realities described in Dicken’s A Tale of Two Cities. Gentrification — a term derived from genterise, an Old French word implying the well-bred and upper-class — is frequently employed to describe what’s happening in Five Points. To be sure, Five Points is not on the brink of revolution, as was 18th-century Paris in Dickens’ story, but we as lawyers should be wary of perpetuating a system that “sows the same seed of … oppression over again” — not out of fear of revolt, but out of respect for human dignity. D Ty Nagamatsu is a 3L at the University of Denver Sturm College of Law. She is pictured here with her two daughters, post-rugby match at Aspen Ruggerfest. She can be reached at ty.nagamatsu@gmail.com.
This rather dry zoning story highlights the sharp divide between the homeless and the Ballpark area business owners — two communities coexisting with little to no interaction. In situations like this, it is important for those in leadership to consider alternatives to litigation that promote thoughtful community engagement. Creative, transactional attorneys should be able to bring everyone to the table to find good solutions for all parties involved. With showers, bathrooms, a large kitchen, a 220-capacity dining hall and a courtyard for daytime shelter, the new DRM facility provides a great solution to the Five Points homeless community. According to Brad Meuli, President and CEO of DRM, “The courtyard will dignify the homeless, allowing men and women an opportunity to take a shower, get a drink of water and rest their feet. It will also give us a chance to connect people to services, and [add] a more efficient space to provide thousands of meals.” Mayor Michael Hancock also issued the following statement: “When we committed to creating the Lawrence Street December 2015 I The Docket
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DAVID LITTMAN and his wife SUZANNE spent three weeks traveling from PRAGUE to BUDAPEST, along the DANUBE to VIENNA and then on to NUREMBURG, PARIS and WALES.
JOHN ECKSTEIN and his FAMILY visited CUBA for two weeks last August. DAN MCCUNE and his wife LORRAINE let the good times roll at GRACELAND in MEMPHIS, TN.
26 The Docket I December 2015
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1900 Grant Street, Suite 300, Denver, CO 80203-4303 December 2015 I The Docket
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CHECK YOUR POLICY: DISCIPLINARY DEFENSE INSURANCE “COVERAGE” By A lec Ro thro ck Many lawyers do not know that legal malpractice insurance policies usually provide money for hiring a lawyer to defend them against a disciplinary complaint. When lawyers receive the dreaded letter from the Office of Attorney Regulation Counsel informing them of a request for investigation and asking them to respond in writing within 21 days, their discovery of this insurance benefit usually comes as a great relief. Even the best lawyers lack the emotional detachment and expertise required to defend themselves in a disciplinary matter. Typically, these disciplinary defense provisions provide $10,000 to $50,000 in defense dollars per policy period, no matter how many complaints the lawyer has received during that time. There is no deductible. Some insurance companies require their insured lawyers to choose a lawyer from among the law firms that defend liability claims against their insureds. Other insurance companies permit the insured to choose their own lawyer, provided that that lawyer agrees to charge a reduced hourly rate, often $200 per hour. A few insurers impose no such restrictions, apparently assuming that since the sum of money is limited, it is up to the insured how to spend it. In addition, some disciplinary defense provisions are written in such a way that the insurance company pays retained defense counsel directly. Other provisions require the insured lawyer to pay retained defense counsel, subject to reimbursement by the insurance company. Lawyers should take these provisions into account when applying for coverage. Obviously the existence of such a provision and the amount are important. Ten thousand dollars may get a lawyer through the investigation stage of a disciplinary proceeding, but if the matter develops into a formal complaint filed in the Office of the Presiding Disciplinary Judge, it will not be nearly enough, even at discounted rates.
Lawyers should consider three other issues when reviewing the terms of a policy: First, lawyers should know whether they are entitled to choose the attorney who will represent them. If so, lawyers should find out whether there is a limit to the hourly rates the insurance company will pay that attorney and, if so, the maximum hourly rate. If they are not entitled to choose counsel, lawyers should find out what law firms handle their disciplinary defense matters. If and when they call on this insurance money and must decide whom to retain, lawyers would do well to investigate the expertise of the available attorneys in handling disciplinary defense matters. Second, a few insurance policies provide disciplinary defense dollars only when the matter has reached the stage of a formal complaint filed in the Office of the Presiding Disciplinary Judge. This means the lawyer is entitled to no defense dollars for the initial “intake” and “investigation” phases of a disciplinary matter. This is a serious drawback. The lawyer needs the
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money most at the very outset in order to have the best chance of stopping the disciplinary matter before it ripens into a formal complaint. By that time, it may be too late to reach a nonpublic resolution of the matter. Third, some insurance defense provisions qualify the availability of disciplinary defense funds on whether the disciplinary complaint arises from the provision of “legal services” or “professional services.” Other provisions do not. Lawyers face plenty of disciplinary hazards from their non-professional conduct. C.R.C.P. 251.20 requires lawyers to self-report criminal convictions. Virtually all criminal conduct by lawyers has attorney regulation consequences of some kind, even if they are minor and non-public. Lawyers with alcohol-related traffic offenses, for example, must navigate not only the criminal justice system and the Department of Motor Vehicles but also the Office of Attorney Regulation Counsel. Additionally, the definition of terms such as “legal services” or “professional services” may not include law-related services that many lawyers routinely provide. Typically, these phrases are defined to include services as a title insurance agent, arbitrator or mediator. Many include services as the fiduciary of an estate or a person. Only some include services rendered as an expert witness. If the policy does not afford disciplinary defense dollars in that context, it is equally likely that it provides no civil liability coverage for the conduct of a lawyer as an expert witness. See D. Richmond, “Lawyers as Witnesses,” 36 N.M. L. Rev. 47, 60-72 (Winter 2006) (discussing liability and disciplinary exposure of lawyers serving as expert witnesses). D Alec Rothrock is a shareholder with the Greenwood Village law firm of Burns Figa & Will, P.C. and an adjunct professor of legal ethics at the University of Denver Sturm College of Law. He practices in the area of legal ethics and the law of practicing law. He is a former chair of the Colorado Bar Association Ethics Committee. He can be reached at arothrock@bfwlaw.com.
DBA
Health Fair
Thursday, Jan. 14 7:30 a.m.–1:30 p.m. •
DBA Offices, 1900 Grant St., Suite 900
Cost:
$10 for DBA Members, Family, and Staff I $20 for Non-members Price includes CLE program. Just in time to start on your post-holiday fitness goals and gear up for the Sean May Memorial Run, the Colfax Marathon Relay team supporting the Legal Center, and Wheels of Justice in the Courage Classic bicycle event. With your registration fee, you’ll have access to professional health screening services, which includes a cholesterol test, fasting blood sugar test, blood pressure and body composition reading and consultation by health professionals. We’ll also have a nutritional expert, acupuncturist, massage therapist, food and drink and more. Come learn how you can become more Fit to Practice! Join us for “Staying Sane in the Legal Profession and How COLAP Can Help” from noon to 1 p.m. that day. Staying Sane will take you through the causes of stress, secondary traumatization and compassion fatigue, and how to prevent them from bringing you down. The program will also cover resources available to help you. One ethics credit has been applied for.
RSVP to lunches@cobar.org or 303-860-1115, ext. 727.
December 2015 I The Docket
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Bar RESOURCES The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” Visit cobar.org/ watermanfund.htm for more information. The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO 80203. Phone: 303-824-5319. Fax: 303-861-5274.
Troubled by Rude and Unprofessional Attorneys? The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips and strategies for dealing with opposing counsel: Helen Shreves: 303-777-7833 Karen Pearson: 720-874-8615 Barry Meinster: 303-674-5977
Sponsored by the DBA Peer Professionalism Assistance Committee.
COLAP The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule 254, COLAP provides assistance with practice management, work/life integration, stress/anger management, anxiety, depression, substance abuse and any career challenge that interferes with the ability to be a productive member of the legal community. COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers and educational programs (including ethics CLEs). For more information or for confi-
dential assistance, please contact COLAP at 303-986-3345 or (toll free) 855-9862126. Visit our website at coloradolap. org.
DBA Placement Services As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations. Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accounting, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net.
BRIEFS Support MVL for Colorado Gives Day — Tuesday, Dec. 8 The Denver Bar Association’s Metro Volunteer Lawyers is participating in Colorado Gives Day for the sixth consecutive year. Presented by partners Community First Foundation and FirstBank, Colorado Gives Day is an annual statewide moment to celebrate and increase philanthropy in Colorado through online giving. The $1 Million Incentive Fund created by the partners is one of the largest gives-day incentive funds in the country. Thank you for supporting MVL’s mission to provide free and low-cost legal services to people in need. For more information, or to donate, visit coloradogives.org/index.php?section=organizatio ns&action=newDonation&fwID=27674.
Seniors Holiday Lunch — Friday, Dec. 11 Join the Seniors Committee at noon on Friday, Dec. 11, to share holiday cheer at their annual Holiday Lunch. The luncheon will be held at the DBA offices, 1900 Grant St., 9th floor. The cost to attend is $15. Please RSVP by Dec. 8 by
30 The Docket I December 2015
emailing lunches@cobar.org or by calling 303-860-1115, ext. 727.
Barristers After Hours at The Corner Office — Thursday, Dec. 17 The Denver Bar Association Young Lawyers Division, together with the DBA Community Action Network Committee, invites all lawyers and law students to Barristers After Hours at the Corner Office on Thursday, Dec. 17, from 5:30 to 7 p.m. Come learn about CAN’s service projects and how you can get involved. Bring in a donation of a child’s coat, children’s books or stuffed animals (new) for the Denver Warm Welcome Child Court Care Center to receive drink tickets. Appetizers will be provided. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.
Coffee Talk CLE: Unbundled — Friday, Dec. 18 The DBA Young Lawyers Division Coffee Talk program will be held on Friday, Dec. 18, from 8 to 9 a.m. at the DBA offices. Some lawyers spend significant time speaking with potential clients who
cannot afford full-service representation. Some potential clients spend significant time failing to get basic advice, primarily because they cannot afford full-service representation. Paul J. Frinak of Riggs Abney Neal Turpen Orbison and Lewis will discuss the application of the Colorado Rules of Professional Conduct to limited representation and to consultant services for persons not represented. The discussion will include commentary regarding related advantages and limitations from a client-advocacy perspective. One CLE credit applied for. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.
DBA Health Fair — Thursday, Jan. 14 For only $10, you’ll earn one ethics credit and learn how to better manage stress within your practice, receive a biometric screening with cholesterol, glucose and body composition tests, have an opportunity to review your results with a physician, receive a breathing test, consult with other health professionals and take advantage of healthy food and
drinks (and a free chair massage). The DBA will host its Third Annual Health Fair on Thursday, Jan. 14 at the DBA offices from 7:30 a.m. to 1:30 p.m. with the CLE scheduled from noon to 1 p.m. RSVP by emailing lunches@cobar.org or by calling 303-860-1115, ext. 727. The cost is $10 for members and their guests or $20 for non-members.
Call for Nominations for 2016– 17 DBA Leadership Positions The Nominating Committee is seeking nominations for 2016–17 DBA leadership positions, including PresidentElect, First and Second Vice Presidents, three members of the Board of Trustees and 11 members of the CBA Board of
Governors. The deadline is Jan. 29, 2016. For more information or to submit nominations, contact Dana Collier Smith at dcolliersmith@cobar.org.
Dates on the DOCKET DBA MEETINGS
All DBA meetings are scheduled at 1900 Grant Street, Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, 303-824-5321, to schedule committee meetings so that they will appear in this calendar. DEC. 2 Docket Committee Bar Review Williams and Graham 3160 Tejon Street Call Jessica Volz, 303-824-5336 DEC. 3 Joint Judicial Task Force 7:30–8:30 a.m. Call Heather Folker, 303-824-5350 Lawyers and Schools Committee Noon–1 p.m. Call Meghan Bush, 303-824-5303
DEC. 9 Professionalism Coordinating Councils Noon–1 p.m. Call Greg Martin, 303-824-5317 DBA Young Lawyers Division Council 6–7:30 p.m. Call Heather Folker, 303-824-5350 DEC. 10 DBA Board of Trustees 7:30–9 a.m. Call Leah Achen, 303-824-5327
DEC. 11 Seniors Holiday Party Noon–2 p.m. Call Jessica Volz, 303-824-5336
DEC. 24–25 DBA Offices Holiday Closure
DEC. 14 Denver Access to Justice Committee Noon–1:30 p.m. Call Meghan Bush, 303-824-5303 DEC. 15 Community Action Network Noon–1 p.m. Call Kate Schuster, 303-824-5312
FOR THE PUBLIC To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at 303-8245303. DEC. 2 Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call 303-295-9470 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. DEC. 8 Veterans Clinic Bill Daniels Veteran Services Center, 1247 Santa Fe Drive Noon–2 p.m. Bankruptcy Clinic U.S. Bankruptcy Court
721 19th St. 1:30–3 p.m.
5:30–7 p.m. Call 720-944-2594
DEC. 9 LawLine 9 500 East Speer Blvd. 4–5:30 p.m.
Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call 303-573-1302
DEC. 15 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.
DEC. 16 Colorado Poverty Law Clinic Colorado Coalition for the Homeless 2100 Broadway 4–6 p.m.
Family Law Clinic Office of Economic Development 1200 Federal Blvd. Room 1018
DEC. 17 Collections Clinic Denver City and County Building 1437 Bannock St. Room 164 11 a.m.–1 p.m.
LawLine 9 500 East Speer Blvd. 4–5:30 p.m.
December 2015 I The Docket
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Legal AFFAIRS GOOD THINGS Heidi Boerstler, Professor of Health Administration at CU Denver, has recently been chosen for the Yale School of Public Health Centennial Honor Roll for Excellence. She will be inducted as one of only 100 alumni and/or faculty who made outstanding contributions to pubic health during the School’s first 100 years. Congratulations Heidi! On Oct. 1, Childs McCune hoste d i t s s e cond annual Steve Michalek, Julie Oktober fest . I t Warren and Chris Miller was a phenomenal success. Ned Minor of MB Law was recently honored to receive the 2015 Del Hock Lifetime A chievement Minor Award from the Denver Metro Chamber of Commerce. CHANGES Thomas Pollart & Miller announced four new partners to Orona, Feldmeier, the firm, effective Bechmann and Ahnell January 1. Emily Ahnell, Ilene Feldmeier and Christin Bechmann are all being promoted from within Thomas Pollart & Miller’s rank. Richard Orona is being named partner as he joins the firm. Spencer Fane is pleased to welcome Associate Ian London to the firm. He will join the litigaLondon tion and dispute resolution practice group. London’s practice is primarily focused on civil litigation, but he has particular experience in professional liability matters across a wide range of industries, including health care. Alderman Bernstein is pleased to announce that Amamda A. Bradley has joined the firm. Her practice will include
both real estate related litigation, such as eminent domain and condemnation law, and real estate transactional work. Ryley Carlock & Applewhite is pleased to announce that Debra Conroy has joined the firm’s tax and estate planning Conroy practice. She will serve clients in Denver, Steamboat Springs and throughout Colorado. Rose Walker LLP is pleased to announce the addition of attorney Todd M. Starr as managing partner in the firm’s Pagosa Springs office. Thomas Pollart & Miller is also pleased to announce the proGonzales, Irwin and Veaux motion of Joe Irwin, Charlotte Veaux and Denise Gonzales to of counsel. Balaban, Levinson & Costigan, P.C. is pleased to announce that Bernadette J. Wasilik is now a shareholder of the firm. The firm’s new name is Balaban, Levinson, Costigan & Wasilik, PC. The practice will continue to focus on real estate and real estate brokerage matters. BRICK & MORTAR Booka Smith is pleased to announce the opening of The Law Offices of E lizabeth “Booka” Smith, LLC, Smith with offices in Denver and Silverthorne. “Booka” Law specializes in representing executive and professional individuals in employment and business related litigation. Wa y n e L e i s e r i s pleased to announce the formation of Leiser Mediation and Arbitration. He can be contacted at Leiser 303-475-2825 or wayne@ leisermediationarbitration.com. The law firms of Haddon Morgan and Foreman and Temkin and Hardt recently formed an alliance focused on
the litigation needs of natural-resources companies, real estate developers and other businesses dealing with environmental issues. The two firms will continue as separate entities with their own practices, but will share their trial attorneys to provide client-focused litigation and risk management teams. Constangy, Brooks, Smith & Prophete, LLP, a national employment law firm, has moved to 600 Seventeenth St., Ste. Goh 2700S, Denver. The office is anchored by Jim Goh, managing partner, and partner Steve Moore — both of whom are Fellows of the College of Labor Moore and Employment L aw yers. They are joined by Stacy Mueller, Dawn Amos, Jessica Tsuda and Heidi Wilbur. NEW FACES Tyrone Glover and his wife Kate welcomed their Hendr ix Z ac hary Glover in October. He weighed 7 pounds, 8 Hendrix ounces and was almost 21 inches long. Congratulations to the Glover family! Metro Volunteer Lawyers FLCP Coordintaor, Philip Lietaer and his wife Jes welcomed their daughter Adelaide Quinn Hendrix Lietaer on Halloween morning at 3:45 a.m. Congratulations to the Lietaer family! IN MEMORIAM Richard Dyrland, 72, passed away peacefully on November 2, 2015, after battling cancer. Richard was a dedicated and Dryland beloved member of the DBA staff, and his presence and enthusiasm are greatly missed.
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.
32 The Docket I December 2015
Colorado CLE Calendar
Dec. 2015
REGISTER ONLINE OR CALL TODAY!
December 1, 2015 Don't Leave Your Drawbridge Down – Hostile Takeovers on the Rise in 2015 Submitted for 1 General CLE credit
LIVE EVENTS AND LIVE WEBCASTS
December 1, 2015 Hot Topics in Fiduciary Litigation and Administration Submitted for 1 General CLE credit December 4, 2015 Medicolegal Aspects of Marijuana: In Criminal Law, Civil Regulations, and Forensic Science Submitted for 7 General CLE credits December 4, 2015 The Annual Advanced Family Law Conference 2015 Submitted for 9 General CLE credits, including 1 Ethics December 8, 2015 How to Become Your Own Cybersleuth: Conducting Effective Internet Investigative & Background Research Submitted for 7 General CLE credits
December 11, 2015 Allocating Risk in Drafting Contracts: Who’s to Blame? Submitted for 7 General CLE credits December 15, 2015 Colorado Supreme Court Attorney Regulation Counsel – Practice and Financial Monitor Class Submitted for 3 General CLE credits, including 3 Ethics December 17, 2015 Hotly Contested Issues in Insurance Bad Faith Litigation Submitted for 6 General CLE credits December 18, 2015 Spend the Day with SEAN CARTER – Comedic Professional Education Submitted for 6 General CLE credits, including 6 Ethics All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.
December 2, 2015 The Colorado Marijuana Industry – Legal and Accounting Advice and Compliance Submitted for 7 General CLE credits December 3, 2015 Appellate Practice Update 2015 Submitted for 7 General CLE credits, including 1 Ethics December 4, 2015 Eminent Domain Submitted for 6 General CLE credits, including 1 Ethics December 8, 2015 Advanced Concepts – Practice Before the Veterans Administration 2015 Submitted for 3 General CLE credits December 9, 2015 Criminal Law Fall Update 2015 – Race and the Criminal Justice System Submitted for 7 General CLE credits
COLORADO
CLE
Colorado CLE
VIDEO REPLAYS December 10, 2015 Trust & Estate Fall Update 2015: Understanding Benefits Submitted for 6 General CLE credits, including 1 Ethics December 11, 2015 Ethics Revue at Lannie's Clocktower Cabaret 2015 Submitted for 3 General CLE credits, including 3 Ethics December 17, 2015 2015 Ethics 7.0 Submitted for 7 General CLE credits, including 7 Ethics December 18, 2015 Winning at Trial 2015: Skills and Tactics Submitted for 8 General CLE credits, including 1 Ethics
(video replay in Grand Junction, Colorado Springs, and Denver)
www.cobarcle.org
1900 Grant St., Suite 300, Denver, CO 80203-4303
Phone: 303-860-0608
Toll-Free: 888-860-2531
Fax: 303-860-0624
December 2015 I The Docket
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Picture THIS BARRISTERS AFTER HOURS AND COLORADO ATTORNEYS FOR THE ARTS On October 15, approximately 50 members of the Denver Bar Association’s Young Lawyers Division turned out for an arts-oriented Barristers After Hours at the Wynkoop Brewery. The sea of pool tables in the background was no competition for the networking possibilities and gastropub fare at hand. At 6:20 sharp, Mo Watson, Chair of the DBAYLD, introduced Meredith Badler from the Colorado Business Committee for the Arts. Badler gave a succinct overview of Colorado Attorneys for the Arts (CAFTA), a new organization that aspires to connect limited-income artists and creative entities to attorneys offering pro bono legal services on specific arts-related matters. The enthusiastic response that CAFTA received during and after the event confirms that art, in all of its disciplines, has the potential to inspire lawyers to be agents of change in an area that is critical to the health of a flourishing society.
(Above) Mo Watson (left) and Meredith Badler (right) discuss Colorado Attorneys for the Arts. (Left) Networking in action at Barristers After Hours.
DBA-YLD GROUP HIKE IN BOULDER The Denver Bar Association Young Lawyers Division hosted its first group hike on October 25. The 11 participants met at the Chautauqua parking lot and proceeded to the Royal Arch trailhead. The 3.2-mile hike was followed by an impromptu happy hour at Southern Sun. DBA-YLDers embark on a group hike in Boulder. Scenery around Chautauqua.
BROOKE WUNNICKE MEMORIAL SCHOLARSHIP RECEPTION The Brooke Wunnicke (1918–2014) Memorial Scholarship Fund Committee hosted a reception on October 13 at Wheeler Trigg O’Donnell to honor and toast to this legal pioneer and legend. Wunnicke practiced trial and appellate law for more than 60 years. Her unwavering commitment to ethics has left an indelible mark on the legal profession. Wunnicke’s accomplishments were far-reaching: She was also an adjunct professor at DU’s Sturm College of Law, a published author, an expert witness and a national speaker on legal ethics and professionalism.
Speaker, Jeena Cho. (From left) David Stark, Connie Talmage and CBA Past President Mark Fogg.
34 The Docket I December 2015
DBA Happenings
SWEARING-IN OF JUSTICE RICHARD L. GABRIEL The Honorable Richard L. Gabriel was sworn in as a justice of the Colorado Supreme Court on September 1, 2015. His formal investiture took place on the afternoon of September 28; the judge presiding was Court of Appeals Chief Judge Alan M. Loeb. Governor Hickenlooper also attended the ceremony. Justice Gabriel previously served on Colorado’s Court of Appeals, which he joined in 2008. Gabriel replaced Justice Gregory J. (Top Left) Justice Gabriel (right) and Court of Appeals Chief Judge Alan M. Loeb (left). Hobbs, Jr, who retired on August 31, 2015. (Top Right) Justice Gabriel.
CJI HONORS FIVE OUTSTANDING JURISTS FOR EXCELLENCE IN COLORADO COURTS Five outstanding jurists were honored for upholding Colorado’s tradition of fair, impartial and accountable courts at the Colorado Judicial Institute’s Annual Judicial Excellence for Colorado Dinner on October 20, 2015. Approximately 700 civic leaders were in attendance. Commissioner Ellen L. Weintraub of the United States Federal Election Commission was the evening’s keynote speaker. CJI recognized members of Colorado’s appellate courts, giving Distinguished Judicial Leadership Awards to Justice Gregory J. Hobbs, Jr. of the Colorado Supreme Court and Judge James S. Casebolt of the Colorado Court of Appeals. The
Institute presented three Judicial Excellence Awards to Judge Angela R. Arkin of the 18th Judicial District Court; Judge Clarisse Gonzales Mangnall of the Denver County Court; and Magistrate Kristina B. Hansson of the Boulder County Court. Proceeds from the dinner support the CJI Judicial Education Fund and other CJI programs. The Fund was established in response to cuts to state financial support for the continuing education of judges and court personnel. Since 2003, dinner sponsorships have contributed more than $375,000 to judicial education in Colorado.
(Left) Judge Clarisse Gonzales Mangnall, Judge James S. Casebolt, Magistrate Kristina B. Hansson, Justice Gregory J. Hobbs, Jr. and Judge Angela R. Arkin were honored at the 13th Annual Judicial Excellence for Colorado Dinner. (Right) Commissioner Ellen L. Weintraub of the United States Federal Election Commission speaks on Williams-Yulee and the Price of Justice.
NATIONAL INSTITUTE FOR TRIAL ADVOCACY AWARDS SCHOLARSHIPS TO PUBLIC SECTOR ATTORNEYS In early October 2015, 96 scholarship winners convened at the National Institute for Trial Advocacy (NITA) Education Center in Boulder. These public service advocates came from across the country to hone the trial skills that they need to represent their Legal Aid and Legal Services clients effectively at the state and federal levels. As NITA Program Director Mark Caldwell stated, “These programs are special because we know the participants will put their newly mastered skills to use immediately. Their increased confidence will help change settlements based on fear of trial to deserved victories that promote fairness and justice.” This legal advocacy training program exemplified NITA’s overarching commitment to improving access to justice Klaralee Charlton at a point when Congressional funding for low-cost and free legal assistance is limited.
(From Left) John T. Baker, Executive Director for the Colorado Attorney Mentoring Program at the Ralph L. Carr Judicial Center, with the Hon. Charles W. Brown, Presiding Criminal Court Judge for New Mexico Second Judicial District. December 2015 I The Docket
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JAMS IS MOVING UP…
THANK YOU FOR TAKING US THERE JAMS IS MOVING TO SUITE 2440 ON DECEMBER 7, 2015
410 17 TH STREET, #2440 • DENVER, CO 80202 WEB:
jamsdenver.com
• PHONE:
303.534.1254
Dispute Resolution Systems