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2 I Docket I December 2018/January 2019


DOCKET 6

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A Message From DBA President Mo Watson

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Side Gig: PROOF Process Service Platform

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Show Me The Way: Using Headers More Effectively

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A Moving Story

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INSIDE

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

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LETTER FROM THE EDITOR

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JOINT DBA AND CBA DIVERSITY AND INCLUSIVITY STEERING COMMITTEE LAUNCHES

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BRIEFLY

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PRO BONO AND UNBUNDLING

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COLAP WELLNESS: THE SMART PHONE DILEMMA

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GET TO KNOW YOUR DBA YLD CHAIR

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OLD DENVER / NEW DENVER

27 COLORADO LAWYERS COMMITTEE 28 BOOK REVIEW: HER KIND OF CASE

IN EVERY ISSUE 32

Legal Affairs

34

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. Editor: Brendan Baker, bbaker@cobar.org Copy Editor: Jodi Jennings, jjennings@cobar.org Graphic Designer: Clair Smith, csmith@cobar.org Advertising: advertising@cobar.org Docket Committee: Ainsley E. Bochniak, Julie M. Borisov, Jerr y R. Bowman, II, Scott H. Challinor, Craig C. Eley, David L. Erickson, Emma E. Garrison, James R. Garts, III, Peter E. Grandey, Ryan T. Jardine, Judith A. Keene, April H. Killcreas, Lauren Lockard, Kyle J. Martelon, Esq, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Paul F. Miller, Jr, Barbara J. Mueller, Kaitlin F. Nares, Heather O'Donnell, Gregory D. Rawlings, Sara C. Sharp, Marshall A. Snider, Daniel A. Sweetser, Erica N. Vargas, Anthony J. Viorst, Rachel L. Young. 2018–19 Chair: Paul Miller 2018 – 19 DBA Officers: Mo Watson, President; Kevin McReynolds, President-Elect; Lino S. Lipinsky de Orlov, First Vice President; Justin L. Cohen, Second Vice President; Franz Hardy, Immediate Past President; Daniel A. Sweetser, Treasurer; Jillian Mullen, YLD Chair; Diversity Bars, Yamini Grema; Executive Director, Patrick Flaherty 2018 –19 Board of Trustees: Josh Berry, Klaralee Charlton, Emma Garrison, Ruchi Kapoor, Matthew Larson, J. Ryann Peyton, April D. Jones and Mario Trimble. Write for the Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Brendan Baker at bbaker@cobar.org. The editor has the right to accept and reject submissions at his discretion. 303-860-1115 • dbadocket.org

VISIT THE

DOCKET BLOG

DBADOCKET.ORG 4 I Docket I December 2018/January 2019

Copyright 2018. The Docket (ISSN 1084-7820) is published six times a year by the Denver Bar Association, 1290 Broadway, Suite 1700, Denver, CO 80203. 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, 1290 Broadway, Suite 1700, Denver, CO 80203. Photos from Shutterstock, iStock and Unsplash. Front cover photo: Arnaud Jaegers.


This issue marks the completion of my first year as editor of the Docket — and what a year it has been! From every huge event to every little interaction with members and staff, it has been an absolute pleasure getting to know and work with this community. The pride and care that you all bring to your personal and professional lives is infectious, and more than anything I am constantly blown away by the concern for others that runs through the Denver Bar. Time and again I have seen our members put aside their egos and their plans to lend guidance or support to colleagues, clients, and the public at large. Anyone who thinks of law as a wholly cut-throat profession has obviously never spent much time here on the Front Range. The end of one year and the start of another is often a time for reflection and contemplation. It is a chance to take stock, to consider past experiences and to make plans for the future. This is particularly true for us here at the Bar, as we prepare to move to

new offices after two decades in our current location. See the message from DBA Executive Director Patrick Flaherty on page 24 for more information about this exciting transition. All of us here at the DBA hope that you had an excellent year, full of professional and personal successes and positive milestones. Whatever challenges you faced this year, we hope that they ultimately made you stronger and more capable of meeting the tasks ahead. Remember that your friends and colleagues at the Bar Association want you to succeed and are here to help. Anyone receiving this magazine has proven themselves in important ways, so don’t forget to take stock of your accomplishments from time to time — you surely deserve a pat on the back! Here’s to you, and here’s to another great year for the Colorado legal community. D

Sincerely, Brendan Baker bbaker@cobar.org

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A MESSAGE FROM DBA PRESIDENT MAUREEN “MO” WATSON

it is that time of year again — time to think about applying for a leadership role with the Denver Bar Association! As you may have seen in our recent emails, we are currently starting our call for leadership. I am hoping that you will consider applying for a role or nominating a peer. Every year the DBA welcomes new leadership through its nomination process. The DBA Nominating Committee (a group of past and present DBA leaders) meets to review submissions and selects a slate of leadership. The slate is then presented to the DBA, as a whole. I hope this column can shed some light on how you can get engaged. Who is eligible for DBA leadership positions? Any DBA member, in good standing. Although you are encouraged to have some experience with the DBA, none is required. What positions are available? Every year the DBA selects a President, First VicePresident, Second Vice-President, several Board of Trustees representatives, and numerous Board of Governors representatives. The DBA President serves for three years (President-Elect, President, and Immediate Past President) but the First Vice-President and Second Vice-President are only one year terms. There are typically three openings for Board of Trustees 6 I Docket I December 2018/January 2019

appointees and the Trustees serve for three-year terms. Finally, the Board of Governors representatives each serve for a term of two years. A full description for each role is available on the DBA website, or you can request details from Jessica Lindzy, our wonderful DBA governance liaison (jlindzy@cobar.org). In addition to these recurring vacancies, there are often other postings for leadership or engagement positions throughout the year — keep an eye on your DBA emails for notices about these other positions. Do I need to be “nominated”? No! Although our bylaws and selection process use the term “nomination,” interested applicants are encouraged to complete self-nominations. Most applicants submit a nomination for themselves — I did! And, if you know someone that you think would be a good fit, please encourage them to apply or submit a nomination directly. What materials do I need to submit? If you are completing the application, we recommend you submit a copy of your resume and a letter of interest. In your letter of interest, please include an explanation of why you want to join the DBA leadership team and highlight your community involvement, including any prior experience with the DBA. If you are nominating someone for a role, please provide a brief


A MESSAGE FROM DBA PRESIDENT MAUREEN “MO” WATSON

statement about why you think the person would be a good fit and, if possible, include a copy of his or her resume. Why should I apply? Serving in a leadership role is the best way to get more involved with your DBA. As I hope you’ve seen so far this year, we have a lot of exciting things happening at the DBA. Just a few highlights: • We’re updating our dues structure to help make membership more accessible for new and young members. • We’re about to move into a beautiful new space that will allow us to implement new technologies and deliver innovative services and programming to our members. • We’re constantly launching new initiatives such as our Diversity and Inclusivity Steering Committee to create lasting, systemic improvements in how we engage all members of our community. • We’re growing our flagship pro bono program, Metro Volunteer Lawyers, as well as our other access to justice initiatives to help deliver free or low-cost services to those in need. • We’re launching new online community resources to help you get more connected with your peers.

In addition to being a part of these initiatives and working to improve the DBA, you will undoubtedly benefit personally. For example, I have gained experience serving on a board and working in governance — from budgeting to management reviews to strategic planning. These are skills I would not have learned in my “day job.” And, most importantly, I’ve gained friends and mentors that I work with inside and outside of the DBA. By stepping into a leadership role with the DBA you can help drive the conversation about where our Bar Association should go. You can help us continue to engage in honest, reflective reviews of where the DBA is today and help us determine what we need to do to better serve our membership in the future. Now is the right time for you to join this conversation! So, what can you do from here? Keep an eye out for the calls for nominations in your inbox or email jlindzy@cobar.org for a more detailed timeline. Then, gather your materials and apply! If you have questions about the process, please feel free to reach out to me directly — I am happy to chat with you about what is involved in each role, and what you can gain from getting more engaged with the DBA. I look forward to seeing your application! D

Financial Assistance for Colorado Lawyers

WATERMAN FUND Provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” denbar.org/members/waterman-fund Waterman Fund 1900 Grant St., Ste. 900 Denver, CO 80203 PHONE 303-824-5319 I FAX 303-861-5274

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e are excited to announce the launch of the joint DBA and CBA Joint Diversity and Inclusivity Steering Committee. This Committee will be focused on implementing the DBA and CBA’s diversity and inclusivity goals, as adopted in the bar associations’ respective strategic plans. Specifically, the Committee will focus on creating systemic and lasting changes in bar governance, leadership and member engagement. The Committee includes: • Chair, Patricia M. Jarzobski, solo practitioner at The Law Office of Patricia M. Jarzobski, P.C.; 2016 – 2017 CBA president; 2012 – 2013 CWBA past president. • John Baker, past DBA President; former Colorado Attorney Mentoring Program (CAMP) director. • Catherine Chan, managing attorney at The Chan Law Firm; DBA Board of Trustees; CBA/DBA Joint Management Committee. • Courtney Holm, founder of Courtney Holm & Associates, P.C. in the Vail and Eagle Valley; CBA Executive Council; president of the Mountain Chapter of the CWBA; past president Continental Divide Bar Association. • Ryann Peyton, director of CAMP; DBA Board of Trustees; past president of the Colorado LGBT Bar Association. • Melissa Schwartz, shareholder with Steenrod,

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Schwartz & McMinimee, LLP; public administrator for the City and County of Denver; past chair of the CBA Trust and Estates Section; member of the CBA Section Best Practices Committee. • Mario Trimble, partner at Kutak Rock LLP; past member CBA Executive Council; DBA Board of Trustees. • Melissa Nicoletti, CBA Director of Sections and Committees. • Patrick Flaherty, DBA/CBA Executive Director. As the Committee moves forward, it will be reaching out to engage with stakeholders (including you!) to better understand how to create lasting change. At this point, the Committee is looking for your input on three key questions: 1. What do you believe the barriers are to making the CBA and DBA more diverse and inclusive? 2. What do you believe are the most obvious steps the CBA/DBA could do to become a more diverse and inclusive bar association? 3. What have you always wanted the CBA/DBA to do or to stop doing to become more diverse and inclusive? If you would like to weigh in on these question, please send your thoughts to Patricia M. Jarzobski at Patricia. Jarzobski@icloud.com. D


BRIEFLY

Q: What is the only letter that does not appear in any state name?

Clive Staples Lewis was a British writer, scholar, and theologian, best known for his popular Chronicals of Narnia books, his multiple works of Christian fiction and apologetics, and his long association with fellow Oxford professor J.R.R. Tolkein.

DID YOU KNOW?

Photo: The Occidental Observer

OF NOTE The popular science and history book Sapiens, by Israeli historian Yuval Noah Harari, asks one big question: how did Homo sapiens, a relatively unexceptional savannah-dwelling primate, manage to out-compete not only every other species on the planet, but also at least five other closely related human species, with incredible speed on an evolutionary scale?

The current, 50-star version of the American flag was o r i g i n a l l y d e s i g n e d by a high school student, Bob Heft. He received a B-minus for the project, since at the time there were only 48 states. Heft’s teacher said he would consider changing the grade if Heft got his design “accepted into Washington.” Heft took up the challenge, making calls and sending letters to the White House. Two years later, after the additions of Hawaii and Alaska to the union, Heft’s design became the official American flag, and his teacher changed his grade to an “A.” Source: https://www. rd.com/true-stories/inspiring/american-flag-highschool-project/.

Covering the timeline of the entire universe from the perspective of Homo sapiens, the only surviving species of the human genus, Harari reframes given conceptions of history, biology, society, industry, progress, family, health, and happiness on nearly every page. His fascinating presentation of lawyers as a form of potent sorcerer, able to conjure into existence fictional but nevertheless genuinely influential entities such as limited liability companies, political organizations, and nations themselves, should be reason alone for any attorney to pick up this book.

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PRO BONO AND UNBUNDLING: SERVICE SYNERGIES FOR EXPANDING ACCESS TO JUSTICE by james r. garts, iii

long with the growing income gap featured in the news, it appears that the access to justice gap is growing as well. It does not benefit lawyers or the legal system to narrow the provision of legal services in civil matters to the wealthy alone. Fortunately, with the evergrowing population of individuals who need legal services but cannot afford full-service representation, there are lawyers willing to provide limited-scope and unbundled representation to those who desperately need legal advice, drafting assistance and, at times, limited entries of appearance for specific and narrow purposes. This is a skill that serves those of modest economic circumstances as well as the indigent. Metro Volunteer Lawyers is seeing a rise in indigent requests for free services. This is related to an expanding need for legal services in general, the fact that such services are increasingly an economic impossibility for many people, and even to pro bono exhaustion for available and willing lawyers. Unless the pool of generous lawyers expands at the same rate as the needy population, access to justice and society’s expectations for an organized and fair legal system cannot be met. There is a solution: in civil legal disputes where there is no violence, the issues are relatively uncomplicated, and the litigants have the capacity to understand the rules and laws sufficiently, why not provide unbundled and discretetask representation pro bono? It may be that everyone wants a full representation lawyer. But legal services are necessarily expensive. Considering continuing education requirements, law office management expenses and the cost of self-care for those working in a high-conflict setting, the practice of law cannot be done “cheaply.” Additionally, similar to physically hazardous jobs, the practice of law is emotionally hazardous. Lawyers will find something else to do if the stress of managing 10 I Docket I December 2018/January 2019

and resolving the conflict created within the rest of the population becomes too great. Pro bono services can be effectively provided on an unbundled basis. This is proven in the post-decree clinics, attorney-of-the-day projects and self-represented litigant coordinator programs throughout the state. It has been said that some representation is better than none. It could also be said that providing many individuals with some no-cost representation is better than providing only a few individuals with full-representation. Now is not the time to try and limit pro bono services to advice and drafting assistance only. To the contrary, there is no time better than now to endeavor to serve a larger swath of the indigent population with unbundled services. The call to action is this: reach out to your local pro bono project to offer advice and drafting assistance. You might have only taken a couple free cases per year in the past because it can be difficult to do much more and maintain a profitable practice. However, you might be able to double the number of individuals you serve by providing legal advice and drafting assistance to the pro bono programs and their beneficiaries. You can take on an entire case — we'd love for you to do that — or just come to the Powers of Attorney clinic. If you are strapped with time commitments but still want to help with a litigated case, consider unbundled services through the post decree or Family Law Court Program clinics. Email ToniAnne Dasent at tdasent@denbar.org to learn more! D James Garts leads the Robinson & Henry family law practice in Denver. With more than 15 years of experience, James oversees a dedicated team of attorneys and support staff with one goal in mind — obtaining the best possible outcome in a difficult family situation.


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hen initiating a lawsuit, legal professionals typically contact process service companies, who send individual process servers to complete the service request. In this system, the attorney does not have direct control over or contact with the process server, and must trust that the server is making reasonable and efficient efforts to complete service of process. Once delivery has been completed, the server signs an affidavit asserting that documents were served to the correct party. There is often no evidence to prove that service occured other than the word of the server. Eric Voogt, a shareholder at Glade Voogt Lord Smith, PC, is looking to disrupt this model. Voogt has more than 20 years of litigation experience, including 15 years practicing in the Denver metro area. His practice includes commercial and business litigation, environmental litigation, construction litigation, insurance coverage litigation, real estate litigation, environmental compliance counseling, toxic torts and water pollution, and property damage cases. Voogt’s caseload required a fair bit of process service, and he found that the means in place for doing so was inefficient and frequently ineffective. Over the years he used many outside companies to serve process; he constantly had to find new companies to contract with, and had to pay those companies regardless of their success rates. There was no way to check on the status of the service performance. He never knew which specific individuals were serving process, and typically it was necessary to hire multiple companies for one case, as only one of them would ultimately prove effective at tracking down the parties and serving them. In one instance, Voogt had a case involving a disputed affidavit of service, but his team could not track down the company that had allegedly served the papers. It turned out that the address in the affidavit where the service allegedly occurred did not exist, and Voogt’s client lost on the issue. In another case, Voogt got a default judgment for a client after the defendant did not answer a complaint. When he attempted to collect on the judgment, the defendant claimed that they had never been served. The issue ended up in a two-day trial that hinged entirely on the affidavit of service. In the end, Voogt lost the case and his client lost $10k. The major problem with traditional process service is that there is no way to verify whether the process server is making reasonable attempts to serve the party in question. The hiring client has to trust that the process server actually delivered or attempted to deliver process. Then at trial, any inadequacy in the service of process or the affidavits submitted as proof of service can be fatally damaging to a case. This is the catastrophic situation Voogt found himself in on too many occasions. And he learned that other trial attorneys struggled with the same situation as well. Once he recognized the problems with the current system, Voogt began thinking of ways to improve the model. Before attending law school at the University of Kansas, Voogt received a B.S. in industrial engineering. His technical background gave him the skillset and perspective to envision a more efficient system, one that would benefit litigants, attorneys, process servers 12 I Docket I December 2018/January 2019

themselves, and the courts. PROOF, the world’s first on-demand service of process platform, is the result of Voogt's attempts to optimize this aspect of litigation. PROOF disrupts the traditional service of process model. It cuts out the middle man; through a web-based platform, PROOF connects the client directly with the process server, not with a company managing process servers. This direct communication increases the odds of successful service. The PROOF platform is available to law firms 24/7, allowing attorneys to create service requests at any time with no phone calls or waiting. Once the job has been accepted, the platform provides the attorneyclient with live updates on every service attempt, which are automatically verified using geolocation technology. Upon completion of service, PROOF provides a

geolocated and time-stamped affidavit back to the hiring client, as trial-qualified proof of service. The PROOF process is intended both to increase the rates of successful service of process and to lower the


platform allows them to easily pick up new job requests as well as to log each of the attempts on the serve, saving time and effort. PROOF hopes to provide experienced and qualified process servers with a new income model that is both flexible and incentivizing. It brings process service into the gig economy, benefitting process servers while giving legal professionals a new and much more efficient way to accomplish this necessary aspect of litigation. PROOF entered the marketplace in April of this year. Currently the company has client relationships with almost 90 law firms in Colorado and the Colorado Attorney General’s office. Voogt and his team are currently working on version 2.0, based on client feedback. The product recently expanded into Wyoming, and PROOF is working on other western U.S. markets with an eye toward rapid national expansion. D

chances that proof of service affidavits can be challenged in court. This saves time and money for law firms and their clients, and promotes the overall efficiency of the judicial system. PROOF is also unique in that it is built to attract and motivate the best process servers. It offers both base pay and a “bounty” for the successful completion of service. The app that servers use to connect with the PROOF

Eric Voogt, creator of PROOF has more than 20 years of litigation experience, including 15 years practicing in the Denver Metro Area.

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s reported in an essay by Nicholas Carr, if you have a smart phone, you’ll likely be “consulting the glossy little rectangle nearly 30,000 times over the coming year.” 1 Most of us seem to think that is not a problem at all, at least based on our actions. That’s certainty true of me. To be honest, it’s not just a telephone to me. It’s my mailbox, knowledge bank, social companion, navigator, weather station, bookshelf, news source, alarm clock and entertainer, just to name a few of the wonderful conveniences of this remarkable handheld technology. But here’s the rub: as outlined by Carr, there are numerous studies indicating that smart phones, while often beneficial, can also become harmful to our intellectual lives, communication and interpersonal skills, emotional well-being and bodily health.2 Carr cites a California study that suggests the mere physical presence of smart phones hampers our problemsolving abilities. 3 In this study, researchers analyzed undergraduate student problem-solving abilities in relationship to phone proximity. The researchers divided students into three classroom settings with students watching a lecture and then taking an exam to measure the impact of phone proximity during the lecture on their learning. In one classroom, students were directed to place phones directly in front of them during the 14 I Docket I December 2018/January 2019

lecture and the exam. In another classroom, students were required to stow phones in purses and backpacks, impeding phone access during the lecture and the exam (an “out-of-sight-out-of-mind” approach). In the last classroom, students were required to leave phones in a different room from the classroom. Interestingly, nearly all students reported that the proximity of their phones did not impact attentional abilities, learning or exam performance. But researchers found that exam performance was inversely correlated with smart phone proximity. Unsurprisingly, students with phones visible on desks performed the worst, while students with phones located in another room performed the best. Surprisingly, just having a phone stowed in a backpack or purse during the lecture also compromised exam performance. In other words, to perform our intellectual best as lawyers, our phones need to be not just out of sight, but well beyond our grasps when engaging in intellectual tasks, because problem-solving can be compromised by the proximal presence of our phones. Carr also cites a United Kingdom study finding that phone proximity is harmful to face-to-face communication and interpersonal skills.4 In this study, researchers divided people into pairs for 10-minute conversations. Some pairs of conversationalists were placed into a room in which there was a phone present. Other pairs were placed in rooms in which there were no phones present. The participants were tested to measure the depth of the conversations they experienced based on measures of affinity, trust and empathy. Researchers found that the mere presence of phones in the conversational setting hampered communication and interpersonal skills such as empathy, closeness, and trust, and the results were most harmful when the topics discussed were personally meaningful. Based on this research, phone proximity can negatively impact interpersonal communication skills, important skills for attorneys to attend to and strengthen to better serve clients and the public.


In addition, Carr referenced a study by a large Midwestern university substantiating that smart phones can negatively impact our emotional and physical well-being. 5 In this study, researchers evaluated the impact of the presence of phones on cognitive a b i l i t i e s , e m o t i o n a l a n x i e t y, a n d physiology by having participants solve word puzzles while measuring their blood pressure and pulse. The results were correlated with self-reported surveys on anxiety levels and emotional well-being. While participants solved the word puzzles, researchers would at times remove phones from their presence, telling them, for example, that their phones were interfering with the Bluetooth technology necessary for physiological monitoring. Or researchers would ring the participants’ phones to explore the impact of phone interruptions. With both the removal of phones and phone interruptions, researchers found that blood pressure rose, pulse quickened, anxiety increased, and a sense of unpleasantness increased while cognitive abilities declined. As I understand the study’s results, our phones have become extensions of our personhood to such a degree that to be deprived of access to our phones negatively impacts our emotional feelings and physical well-being as human beings. To put it simply, we can’t seem to live well without our phones, and we can’t seem to live well with them either. Clearly, that’s a lot to think about. And with all the conversations swirling around regarding the beneficial and detrimental impacts of technology on our cognitive, relational, communicative, emotional and physiological functions, there is yet much to be learned. But I leave you with this thought. Recently, I had one of my best weekends ever. It didn’t start out great, but began like most weekends, filled with busyness. I was so busy that I neglected to check my pockets before washing my jeans. In haste, I washed my smart phone too. Drenched, my phone was lifeless, dead. At first I was angry, and then speechless. But what a weekend I began to experience! Freed from my phone, I started relaxing. I felt less anxious. I began to connect to real people in real relationships and with real things. I wasn’t frequently fidgeting to search my phone for the latest update. With no phone calls, no buzzing emails, and no text messages to interrupt life’s

relationships, I have to admit it was one of my best days — restful and restorative. Because of that experience, I now try to take one day per week free from my phone. As I learned the hard way by washing my phone, life can indeed be sweet for our minds, souls and bodies without the constant intervention of our phones. And better yet, life can be even sweeter for those around us too. So, feel free to join me in taking meaningful smart phone respites. The more the better. D Notes Carr, “How Smartphones Hijack Our Minds,” The Wall Street Journal (Oct. 7, 2017). https://www.wsj.com/articles/ how-smartphones-hijack-our-minds-1507307811. 2 Carr references numerous research articles, several of which are discussed in this article. 3 Ward et al., “Brain Drain: The Mere Presence of One’s Own Smartphone Reduces Available Cognitive Capacity,” J. of the Ass’n for Consumer Res. 2, no. 2 at 140–54 (Apr. 3, 2017), https://doi.org/10.1086/691462. 4 Przybylski and Weinstein, “Can you connect with me now? How the presence of mobile communication technology influences face-to-face conversation quality,” J. of Soc. and Pers. Relationships (July 19, 2012), https:// doi.org/10.1177/0265407512453827. 5 Clayton et al., “The Extended iSelf: The Impact of iPhone Separation on Cognition, Emotion, and Physiology,” Journal of Computer-Mediated Communication, vol. 20, iss. 2 at 119–35 (Jan. 8, 2015), https://doi.org/10.1111/jcc4.12109. 1

Scott Johns, J.D., serves at the University of Denver Sturm College of Law as Professor of the Practice of Law and Director of the Bar Passage Program. He is also a contributing editor to the Law School Academic Support Blog. He can be reached at sjohns@law.du.edu.

Sarah Myers, executive director of the Colorado Lawyer Assistance Program, is the coordinating editor of this series of Wellness articles. If readers have suggestions for topics of future Wellness articles in the Docket, or feedback to the articles, contact Myers at smyers@ coloradolap.org. December 2018/January 2019 I Docket I 15


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Jill Mullen

is the 2018-19 chair of the DBA YLD Council. A native of Austin, TX, Jill attended NYU for undergrad, then headed west to join the class of 2015 at DU Law. Mullen became active with the DBA immediately following law school; her father is an attorney, and he impressed upon her the myriad benefits of bar membership and participation. Jill began her career working on policy issues for the Colorado Senate Minority Office, a position which spoke to her passion for politics. She quickly attained the position of Director of Caucus Affairs and Deputy Policy Director. In this role she helped the Democratic Caucus to come up with bill ideas, wrote press releases, and performed other communications tasks. In 2017 Mullen started working for the Education Commission of the States, providing policy insight and advice on local and national education matters affecting all 50 states. After being involved in the DBA YLD for some time, Jill decided to run for chair, with a particular focus on encouraging public interest attorneys like herself to actively participate in the bar and encouraging the bar to reach out to public interest attorneys. One of Jill’s particular personal goals is to encourage the legal

community at large to become more involved with legislative affairs; Jill believes that attorneys are uniquely qualified to contribute to the legislative process as citizens, apart from filling elected roles. To that end, Mullen was instrumental in organizing this year’s Attorney General Debate in the Tivoli Turnhalle Auditorium at the Community College of Denver Auraria Campus and ensuring that the event was recorded and broadcast. Another successful event Jill spearheaded was the Law Suit Days clothing drive this November, which collected court-appropriate clothing for litigants and defendants without the means to procure their own. This year’s drive collected nearly twice as many clothes as last year’s, just in the first hour of donations. Apart from facilitating important community initiatives such as these, Mullen highlights the important role the DBA YLD plays in the lives of its members. She says that her time in the organization, as both a member and a leader, has repeatedly proved to her the professional and social value of bar participation. Jill was particularly inspired to join the DBA YLD by her law school friend Jim Fogg, the immediate past chair of the DBA YLD, and she says that she netted many new friends by joining. She also stresses that participation helped her to develop strong and fruitful professional relationships. Mullen characterizes the DBA YLD as always looking for places to innovate and improve, as befits an organization composed of young, talented and ambitious people. This mission of professional and community improvement means that there are always opportunities for members to take on new projects and to push new idea in the DBA YLD, and it is a great place for a new attorney to start to make a mark. Jill affirms that joining the YLD is a great way for a young attorney to get politically active and involved, to meet the right people and really get the lay of the legal and legislative landscape in Denver, all while operating in an environment that emphasizes mutual respect and professional support — and, not least of all, the value of a healthy sense of humor. When she is not acting as an attorney and young leader, Jill enjoys the traditional Colorado activities of skiing, hiking, running, biking, and enjoying local craft beers. With her combination of political passion, effective leadership and active involvement in the legal community, Jill Mullen will surely be an attorney to watch for years to come. D December 2018/January 2019 I Docket I 17


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hile there have been dramatic changes in Denver over the past few years — more newcomers, better food and bars, worse traffic and homelessness — some things only seem to have changed. For instance, while Dazzle’s old location at 930 Lincoln stands vacant, the new location at 1512 Curtis Street (the old Bauer’s building) blares jazz six nights a week and has a nice-if-ending-way-too-early happy hour. From Ravi Coltrane to local jazz kids, the shows are intimate and top notch. The rise of RiNo has been a mixed blessing — talk about traffic issues — but the excellent food makes it mostly worthwhile. Acorn is a gem and the new joints at Zeppelin Station are a serious addition to Denver’s art, booze and food scene. Throw in the recent mural explosion (thank you Crush Walls Denver!) and it makes for a colorful outing. Also, the move of the excellent high end Italian Il Posto from Uptown to Lodo/RiNo is a great success. It exudes a simple sort of old school class. My favorite escape from all the upscale new hangs is Vinh Xuong Bakery II, a pleasant Vietnamese Bahn Mi joint near the Pacific Ocean Marketplace on West Alameda. Paying $5.00 or so for a major league sandwich is a borderline miracle (the Zep Station branch is far more expensive) in Denver circa now. The owner is the son of the couple who’ve had, forever, the great French bakery, Vinh Xuong Bakery, next to the Vietnamese market at Federal and Alameda. Vinh Xuong makes an excellent paste/sauce for the sandwiches that also goes great with eggs. Trust me. Though Denver has had first-rate pizza for decades, the quality and the price have had a nice dance where the former goes up and the latter goes down. This is a good thing. I like to walk to Pizzeria Locale at 6th and Broadway on weekend evenings and have the Margherita, which I think runs about $5.50. Throw in a glass of rosso from the tap and it’s a tidy meal that won’t break the bank. Simply put, there is no neighborhood in Denver where you can’t find a top notch pie; as ubiquitous as pho or tacos but with a better excuse to have a glass of vino. Traditionally, Denver has been a steak town, part of

the cow town heritage. Big steaks with a big Cab and those ridiculous pay-extra sides. I avoid the trendier steak houses and head to East Colfax when the steak jones hits me. Yes, that last vestige of Rat Pack glory: Bastien’s. And yes, I get the sugar steak. Talk about old Denver, this is the real deal. I just wish they’d update the wine selection, but that might throw off the vibe. Drag queens in the bar, Sinatra on the stereo, and no nonsense servers who know their stuff. Oh, yeah. Lastly, there is another Pablo’s in town, way out on East Colfax, near Aurora. This is also the site of their roasting warehouse and boy, does it smell good. If you’re interested, the staff might be nice enough to show you the back room where the magic is created. They still have outposts on 6th and Washington and 13th and Penn, for the regulars. Like me. All-in-all, Denver has changed dramatically, and there is no going back. But it’s nice to have some of the same old, same old now and then, reminders of when Denver was a laid-back fly over and I-25 wasn’t a parking lot. D Greg Rawlings has practiced criminal law in Denver since 1993 and written for the Docket since 1994. He spends his spare time painting, biking, hiking and writing.

Photos: 1. Dazzle — Westword Magazine 2. Acorn — Mile High Happy Hour Website 3. Zeppelin Station — Zeppelin Station Squarespace 4. Crush Walls — Fototerra Website 5. Vinh Xuong Bakery Il — Almost Vegan Cooking School Website 6. Il Posto — Denver Eater Website 7. Pizzeria Locale — Business Insider Website 8. Pablo's Coffee — Jason "JBPics" B — Yelp 9. Bastien's — Bastien's Website

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20 I Docket I December 2018/January 2019


SHOW ME THE WAY: Using Headers More Effectively by michael a. blasie

HEADERS ARE HELPFUL. USE THEM.

USE HEADERS IN A STATEMENT OF FACTS

Think

of all the good reasons you use headers in your argument section. Those same reasons apply to a Statement of Facts. So use headers there too. When you do come across the rare Statement of Facts that uses headers, it often contains ones like these: A. The December 22, 2010 Common Interest Agreement. B. Defendant’s Negligence. These are useless. The date and title of the document are probably irrelevant. The header does not engage the reader because none of us wants to read about common interest agreements. Neither header provides a fact essential to a court’s ruling. In fact, the second header is a legal conclusion (not a factual one). They are neither memorable nor relevant. In short, they say nothing about your case. December 2018/January 2019 I Docket I 21


But it does not have to be this way. Ross Guberman provides a helpful example.1 Watch how the government used headers in a Statement of Facts section to defend convictions in the Martha Stewart case: A. The Government’s Case 1. “Get Martha on the Phone” 2. “Peter Bacanovic Thinks ImClone is Going to Start Trading Downward” 3. Stewart Sells Her ImClone Stock 4. “Something is Going On With ImClone and Martha Stewart Wants To Know What” 5. Stewart’s Conversation With Mariana Pasternak 6. The Investigations Begin 7. The Tax Loss Selling Cover Story 8. January 3, 2002: Faneuil Lies to Investigators 9. Bacanovic Changes The Cover Story 10. January 7, 2002: Bacanovic Lies to Investigators 11. Stewart Alters Bacanovic’s Telephone Message 12. February 4, 2002: Stewart Lies to Investigators 13. February 13, 2002: Bacanovic Lies in Sworn Testimony 14. March 7, 2002: Faneuil Lies to Investigators Again 15. April 10, 2002: Stewart Lies to Investigators Again 16. Stewart’s False Public Statements 17. Faneuil Reveals The Truth When you read these headers, a story emerges — not just any story, a story helpful to the prosecution. Indeed, while the dates are likely irrelevant to the legal standard, they aid the prosecution’s narrative by showing a series of lies in only three months.

Let’s consider a simpler example. When you glance at a Table of Contents you see the following: A. Farm Inc. Agreed to Deliver One Hundred Eggs to Pie Corp. Every Sunday B. One Sunday, Without Notice, Farm Inc. Delivered No Eggs C. Without Eggs Pie Corp. Could Not Bake or Sell Any Pies That Week D. That Week Pie Corp. Lost $1,000 From these headers you can predict this lawsuit probably contains a breach of contract claim. The headers track the elements without using any legal terms, like “breach” or “causation.” More importantly, these four headers match the four factual findings needed to succeed on the claim. If the court remembers nothing else except these four factual conclusions, the plaintiff’s statement of facts has done its job. PHRASE ARGUMENT SECTION HEADERS PERSUASIVELY Frequently, headers state a legal conclusion without any reasoning. For example, A. The Complaint Fails to State a Claim Upon Which Relief Can be Granted B. The Existence of a Disputed Material Fact Precludes Summary Judgment C. Defendant’s Negligence Caused Damages These headers could appear in any brief for any case involving these types of motions or claims. They are weak and add little. Remember, when your reader gets to these headers, the reader already knows what you want. The caption page and opening said what you want and why. So the reader knows you think the complaint does not state a claim when the reader gets to the header saying the complaint does not state a claim. Add something new and helpful. Make your headers stronger by stating why you win: A. Because the Complaint Does Not Allege the Third and Fourth Elements of Negligence, It Fails to State a Claim for Negligence B. Conflicting Expert Testimony about Whether the Landfill Continues to Cause or Threaten Environmental Damage Creates a Disputed Material Fact. C . Wh e n t h e D r i ve r B e c a m e Distracted While Texting on Her Phone, She Crashed into the Car.

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THE INTEGRATED HEADER: VISUAL CUES FOR THE READER Usually we think of headers as an indented sentence prefaced with an outline-symbol like a roman numeral. So headers are abrupt and obvious. Not quite. Some briefs integrate headers into the main text. They use portions of headers to start paragraphs. These integrated headers are not in the Table of Contents. Weaker but also less disruptive than traditional headers, they function as helpful visual cues and transitions. These headers are neither better nor worse than traditional headers. They are an option. Use them when you deem appropriate. Former U.S. Solicitor General Seth Waxman has a knack for these. Take a look. Example 1

Deinstitutionalization. No credible evidence supports the deinstitutionalization theory on which petitioners heavily rely. . . . [multiple paragraphs] Biology. There is also no biological justification for denying civil marriage to same-sex couples. . . . [multiple paragraphs] Child Welfare. If there were persuasive evidence that same sex marriage was detrimental to children, amici would give that evidence great weight. But there is none. . . . 3 The introduction establishes three counterarguments in a numbered list. The brief assigns each counterargument a title using an italicized word. Those italicized titles later serve as visual transitions.

Summary of Argument

CONCLUSION

I. Implied dedication requires two elements: (1) the property owner’s unequivocal intent to dedicate land for a particular public use; and (2) and acceptance of that land for that use by the public. Only the first element, the landowner’s intent, is at issue here. . . .

Everyone loves headers. I have never heard a critique that a brief contained too many. So use them. Adding headers is a good start. Effectively phrasing a header is where the power comes from. D

[several paragraphs] II. Appellants have not come close to establishing that the City intended — much less unequivocally intended — to irrevocably dedicate the four parcels at issue as parkland. . . . 2 The roman numerals are not part of a traditional header. They introduce full main text paragraphs. In doing so, they visually break up points for the reader. They function as transitions without a transition word or phrase. Example 2

Notes "Free Martha? Not with these Headings!", LEGAL WRITING PRO, https://www.legalwritingpro.com/articles/ free-martha-notheadings/. 2 Brief for Necessary Third-Party Appellant-Respondent New York University at 38-40, Deborah Glick, et al. v. Harvey, et al., 25 N.Y.3d 1175 (N.Y. 2015). 3 Brief of Amici Curiae Kenneth B. Mehlman et al. Supporting Respondents at 10-12, Hollingsworth v. Perry, 133 S.Ct. 2652 (2013). 1

A variation of this article, with additional notes and citations, originally published in the CBA’s Legal Connection, cbaclelegalconnection.com/?s=Show+Me+Th e+Way%3A+Using+Headers+More+Effectively.

B. Social Science Does Not Support Any of the Putative Rationales for Proposition 8. Proponents of laws like Proposition 8 have advanced certain social-science arguments that they contend support the exclusion of same-sex couples from civil marriage. The proponents’ main arguments are (1) deinstitutionalization: that allowing same-sex couples to marry will harm the institution of marriage by severing it from child-rearing; (2) biology: that marriage is necessary only for opposite-sex couples because they can procreate accidentally; and (3) child welfare: that children are better off when raised by two parents of the opposite sex. Each of these arguments reflects a speculative assumption rather than a fact, is unsupported in the trial record in this case, and has in fact been refuted by evidence.

City of Golden.

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

December 2018/January 2019 I Docket I 23


he Denver Bar Association and Colorado Bar Association are in the process of settling into our new home at 1290 Broadway, open for business as of January 2, 2019. Here is the moving story of how we ended up in this great facility. Of Parking Lots During a recession more than 27 years ago, the DBA moved to 1900 Grant Street in Denver on the outskirts of downtown and surrounded by a sea of inexpensive surface parking lots. Over time, the CBA, and the Denver Bar Association, with whom the DBA is jointly managed, grew with the state and city, as did our affiliate, CBA-CLE. As we grew, surrounding surface parking lots disappeared. By about 1994, we ended up with about 26,000 square feet spread over two and a half floors. We renegotiated an excellent lease and settled in for another 24 years. Though inexpensive, our meeting space was inflexible and divided. With multiple floors, we had double pantries, kitchens, copy/print centers, and mail rooms. Our floors were built with all private offices, which we had outgrown, and many with poor ventilation and no natural light. We even had spots for four receptionists. Despite these inefficiencies, it still made economic sense to stay. Exercising our last lease option has saved the CBA, DBA, and CBA-CLE roughly $1 million. It’s one reason we have the second-lowest dues among our peers in the country. We knew we would be out of options by February 2019 — literally, there were no options left on the lease. And the Denver real estate market has changed. If we did not shrink our footprint, we would see a 45 percent increase in rent by staying at Grant Street. 24 I Docket I December 2018/January 2019

Finding the Right Space Eighteen months ago, the boards appointed a nimble five-person Building Task Force, and the work began. All I can say is that I’m glad these superstars were on our side: Jim Benjamin of Benjamin & Cohen, Rebecca Dow of Holland & Hart, Dick Gast of Gast Johnson & Muffly, Franz Hardy of Gordon & Rees, and Qusair Mohamedbhai of Rathod Mohamedbhai. Our first task was to develop criteria for space size and features, location, parking, access, costs, and even restroom stalls. We then evaluated more than 42 properties against these criteria with the help of our brokers, Patrick Bollick and Eric Carlbom of JLL. Over time, we toured more than 15 spaces and narrowed the list to five, then three. At this point, the question became: How could we


shrink our footprint while preserving room to grow and accommodating the many meetings and seminars we host, and how could we create an environment that is conducive to learning, all while being responsible with your dues? The answer was great architects. We began working with Michelle Liebling and Lauren Hucek at Gensler, the world’s largest architecture firm and a

specialist in office design. Through this whole process, a clear winner emerged. We wanted to be at 1290 Broadway, and the landlord wanted us. We accelerated our schedule by seven weeks to seize an opportunity. We raced through the design process and started construction (legally) without a permit, all to move at the slowest time of the year and cause as little disruption as possible to our members. As I write this article, we are under budget and ahead of schedule thanks to Edifice Builders. Yes, you just read the name of a contractor in the same sentence as “under budget and ahead of schedule.” On Broadway 1290 Broadway is located immediately across the street from the Ralph Carr State Judicial Center and near the State Capitol, places where we often work on your behalf. It is no farther from downtown Denver than 1900 Grant Street, yet it sports easier access from Broadway, Lincoln, and 13th Avenue. If you interact with the DBA, CBA or CBA-CLE in person, you will find plentiful parking if you head to the 1,000-space Cultural Center Parking Garage at 65 West 12th, behind the Art Hotel. As you walk out of that garage to the north, you will be 100 feet from our building. On our floor, high ceilings will help with temperature control and ventilation, monitor and camera positon in seminar rooms, and reduce the sense of claustrophobia after an all-day CLE. You will find much more efficient reception and conference space with a reasonable variety of right-sized meeting rooms, most of which are flexible and divisible. We looked at every meeting held or scheduled in our space at 1900 Grant in 2018 and concluded that with less space, but that which was right-sized, flexible, and divisible, we needed to move just one regularly scheduled group from a Thursday to a Wednesday. That’s it. We’ll even have a dedicated member office and plentiful

self-serve refreshments. If you interact with the DBA virtually, you will find greatly enhanced technology. We will finally deliver on audio conferencing so good that you won’t even see the microphones; they will be directional microphones hidden in the ceiling and tuned only to the frequency of the human voice. We will finally roll out videoconferencing (so no teleconferences in your jammies). Seminars will have improved broadcast and production values. Overall, we are expanding bandwidth and upgrading servers, network access, and Wi-Fi. In the back offices, we are moving to a modern, open office design with flexible workstations, smaller private offices, and huddle rooms. We’re leaving behind our collection of mismatched hand-me-down desks discarded by law firms decades ago and designed before personal computers were invented; furniture resellers tell us there is no market for these desks beyond the kindling market. New furniture will be laminate, ergonomic, and actually designed for the computer era. It’s coming from a small veteran-owned, SBA HUBZone-certified firm with excellent customer service: Contract Furnishings. The Cost So how much will this cost? We’ve known this day was coming for decades, and we’ve saved for it. Thanks to our great negotiators, a rent abatement largely offsets out-of-pocket costs. With a modern and flexible design, we can meet current needs and have room to grow, while shrinking our footprint by about 15 percent. Confidentiality provisions limit details, but the DBA will see only a 9.5 percent increase in rent when we start paying, and that is not for a while. Check it Out We hope you find the new DBA office space practical, functional, and welcoming. Come see your new home at 1290 Broadway. D DBA Executive Director Patrick Flaherty highlights the DBA’s recent move to a new home after 27 years at 19th and Grant Street.

December 2018/January 2019 I Docket I 25


WE’VE MOVED! 1290 Broadway, Ste. 1700 Denver, CO 80203

1 1

Location

Great location near courts and Capitol

2 2

Parking

Five times more parking within a half block

26 I Docket I December 2018/January 2019

3 3

Flexibility

Shared, flexible and divisible classrooms and conference rooms

4 4

Modern Office Design

For improved productivity and efficiency

5 5

Technology

Improved Internet access, A/V conferencing and broadcast capabilities


his year, the Colorado Lawyers Committee (CLC), a nonpartisan consortium of 80 Colorado law firms, celebrated 40 years of pro bono legal advocacy for children and the underserved. Formed in 1978, the CLC unites lawyers from all size firms to collaborate on major public policies and systemic justice issues. At any given time, the nonprofit has about 25 active projects in the areas of poverty and public benefits, civil rights and criminal law, children’s rights and education, community development, and immigration. Over the past four decades, the CLC and its 10,772 volunteers have served 44,550 community members and have been at the core of some of the state’s most significant cases. Much of the work is accomplished through task forces comprising lawyers with differing levels of experience, from different firms, and if politically sensitive, different political parties, to ensure a bipartisan approach. This model of collaboration allows lawyers to be more active on cases when they are available and less active when they don’t have as much time. Additionally, newer lawyers gain hands-on experience working side-by-side with more experienced attorneys. “Oftentimes, it can be challenging to be able to dedicate the time and resources to large pro bono cases,” says CLC Board Chair Peter Schwartz (Davis Graham & Stubbs LLP). “When the CLC takes on an issue, attorneys from several firms, and various practices and industries come together to problem solve, which gives a broader range of opportunities for lawyers to donate their time and expertise in a significant way.” Affiliated with the Lawyers’ Committee for Civil Rights Under Law in Washington D.C., there are only seven other similar organizations in the country. Some CLC accomplishments include: JAIL WAIT LITIGATION — Center for Legal Advocacy v. Bicha For more than 10 years, volunteers have worked to ensure that mentally ill individuals in jails receive competency evaluations and treatment within a

reasonable amount of time, starting with a 2008 action against the Colorado State Department of Human Services. While a favorable settlement with the State was reached in 2012, as of March 2018, more than 125 people at a time wait more than three months to obtain treatment to restore them to competency, and the plaintiffs have moved to reopen the agreement. TAYLOR RANCH — Lobato v. Taylor For more than 20 years, volunteer lawyers have defended the rights of property owners in the San Luis Valley, one of the poorest regions of Colorado, to exercise their traditional use rights to graze livestock and collect wood and timber on the property known as the “Taylor Ranch.” Since 2003, when the Colorado Supreme Court upheld these historic rights, the team has focused on identifying the thousands of landowners entitled to access and successfully quashed efforts to prevent physical access to the property. The case was recently argued at the Colorado Court of Appeals — for the third time — and the Court upheld the landowners’ rights. HATE CRIMES Since 1993, CLC volunteers have presented trials in schools across the state based on a fictional case arising from a violation of Colorado’s hate/bias crimes statute. The program sparks discussion about diversity and the value of preventing the spread of racial slurs and hateful actions among the students who act as jurors. The CLC is now in the process of creating a guide to take the program nationwide in 2019. LEGAL CLINICS In conjunction with the Denver Bar Association Young Lawyers Division and the Denver Access to Justice Committee, hundreds of volunteers provide legal information and referrals at Denver legal clinics that occur twice a month in Denver, and every other month in Greeley. D F o r m o re i n f o r m a t i o n o n t h e C LC a n d i t s m a ny t a s k fo rce s a n d vo l u n te e r p ro j e c t s , v i s i t coloradolawyerscommitee.org. December 2018/January 2019 I Docket I 27


BOOK REVIEW: HER KIND OF CASE BY JEANNE WINER by brendan baker

ee Isaacs is a 59-year-old Boulder criminal defense attorney with 35 years of experience, a deceased husband, and a recent courtroom loss that has her questioning her touch. Nevertheless, she reluctantly agrees to represent a homeless teenage boy accused of participating in the gaybashing murder of a fellow skinhead. As the case develops, Lee has to rely on all of her intellect and empathy, 28 I Docket I December 2018/January 2019

and occasionally her skills as a 5th-degree black belt in Tae Kwon Do, to advocate for a client who may not want to save himself. Jeanne Winer’s Her Kind of Case unfolds with authority and verve. Winer herself is a former Boulder defense attorney and martial artist, and her prose hits as hard as she presumably does. Her descriptions of courtroom conflicts, jailhouse confrontations, and bareknuckled fist fights all shine with convincing details and trenchant observations of the sort that suggest real-world expertise in the subject matter. In Lee Isaacs, Winer has


drawn from experience to create a compelling character who feels authentic, distinctive, and real. The author does a brilliant job of showing how the sausage is made in the world of criminal defense, depicting the inner workings of the legal system, the personalities and lifestyles of different lawyers, and the sometimes difficult relationships between attorneys and clients. In particular, the story wonderfully captures the fatalism that goes along with understanding how much simple blind luck tends to dictate legal outcomes. The subject matter of the story is timely and compelling. The plot touches on neo-Nazis, homophobia, religious intolerance, homeless youth, addiction, sexism, abusive relationships, toxic masculinity, parentchild dynamics, grief, aging, and even the changing demographics of Denver. The novel weaves all of these elements together, but the themes never override the characters or the realism of the action. The story is well grounded in place and depicts its Colorado settings affectionately and insightfully. All of the characters are extremely well developed, from the main personas of Lee and her young client Jeremy to the tertiary figures of prison guards and bar patrons. Characters grow and change throughout the novel in convincing ways, and Winer knows how to zero in on details that speak volumes. She is particularly good at depicting the relationships between characters, especially when these relationships are impacted by heartbreaking misunderstandings and communication failures. The prose constantly grapples with how the characters are shaped by their personal histories and how this explains their actions without

necessarily excusing them. You know what all the relevant characters think and feel about each other, and how this translates into plot points and outcomes. The realism of each character’s internal reality combines with the realism of the plot and descriptions to create that rare elixir of literary truth. Despite the portrayal of several dark subjects and violent incidents, Her Kind of Case is also highly entertaining. Lee Isaacs, Esq. is an appealing and remarkably unprecedented protagonist. She is not a hotshot, a one-note hottie, or an obvious object of wishfulfillment; she is flawed and vulnerable and past her prime. She still mourns the death of her husband five years prior, and wonders how much longer she can continue to take on the stress and frequent disappointment of representing criminal defendants. But she is also strong,

and smart, and funny. She is good at what she does, and knows it, and it is a joy to observe her in her element. She is surrounded by an intriguing supporting cast, including a saucy private investigator, attorney colleagues and rivals with various foibles, and a gay couple who were the best friends of her late husband and have taken her under their wing. As the plot develops and expands and complicates, her growing care and concern for her client takes center stage, and the reader has the privilege of watching this character fight for another, taking on a heroic role not often afforded to older women acting in protection of younger men; it is an inversion of several literary tropes and power dynamics, and it absolutely works. The choice to make Lee a highly trained martial artist, while obviously creating a parallel between the character and the author, is also an effective, compelling and thrilling element of her characterization. The fight scenes are particularly exciting, and all the more so for mostly being presented as a corollary to the main story, rather than as plot-forwarding action scenes. Instead of the protagonist succeeding by pummeling her foes into submission, the character’s martial arts prowess informs her actions in situations that cannot be solved through physical violence. It is rather brilliant. It is also simply refreshing to have a protagonist in a courtroom/mystery thriller who is human and has issues, but isn’t a complete mess of a person. Lee Isaacs is a hero, and a kind of hero we have rarely seen before. Her Kind of Case is Jeanne Winer’s second lawrelated novel, following The Furthest City Light, which won the Golden Crown Literary Society Award for Best Debut Novel. She earned both her undergraduate and law degrees from the University of Colorado at Boulder. Winer was one of two lead trial attorneys in Romer v. Evans, a landmark Supreme Court civil rights case arising from an anti-LGBT amendment to the Colorado constitution. She received the Dan Bradley Award from the National LGBT Bar Association and a B’nai Brith Anti-Defamation League civil rights award for her work on this case. Winer’s familiarity with LGBT issues and the broader Colorado community give her writing a level of insight and verisimilitude that elevates the novel from a competent and compelling legal thriller to an important work of social commentary. J e a n n e Wi n e r ’s H e r K i n d of C a s e i s h i g h l y recommended both to the general public, and to attorneys and potential attorneys, especially those working or interested in the areas of criminal defense and prosecution. It would make excellent subject matter for a feature film, and one easily imagines Lee Isaac, Esq. as a career-defining role for an actress like Catherine Keener or Holly Hunter — if she could pull off the Tae Kwon Do moves. In any case, it should be a career-making book for Winer, with a good shot at winning major literary awards and a devoted audience. D

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LEGAL AFFAIRS Scott P. Greiner has been elected to Moye White’s 2019 Management Committee. As an experienced tax attorney, Scott counsels clients on effectively structuring their business, oil and gas, and real estate GREINER ventures, as well as insulating wealth from transfer taxes. Broxterman Alicks McFarlane P.C. (BAM Family Law) announced today that shareholders Heather B r o x t e r m a n a n d K y l e MCFARLANE BROXTERMAN McFarlane have been named co-managing partners of the Denver family law firm. Lathrop Gage is pleased to welcome Arthur F. Snyder IV as Of Counsel in the firm’s Denver office. He joins the firm’s Energy team and brings 10 years’ industry experience SNYDER Kilpatrick Townsend & Stockton announced today the addition of Darin Brown to the firm’s Denver office. Brown joins as Counsel on the Trademark and Copyright team in the firm’s internationally-recognized Intellectual Property Department. Woods & Aitken LLP is proud to announce that Kory George has been selected as a Fellow of the Construction Lawyers Society of America (CLSA), an exclusive construction law honorary society. Chipman Glasser, LLC is pleased to announce that Jennifer Osgood has joined the firm. Osgood will continue to represent the business interests of public and private companies and individuals. Lathrop Gage is pleased to welcome Kathryn H. Willard, joining the Energy team as an Associate in the firm’s Denver office. She will primarily assist clients in the Rocky-Mountain Region with oil and gas WILLARD acquisitions and divestitures. Ryley Carlock & Applewhite is pleased to announce that Sarah Wiedemann has joined the firm’s Water, Energy, Resources and Environmental practice group in Denver. Sarah assists with a wide variety of WIEDEMANN water and environmental matters for firm clients. Lewis, Bess, Williams & Weese P.C. attorney Lauren

Claassen has been selected to join Teach For AmericaColorado Champions Circle program. Randee Stapp has joined the Frickey Law Firm as their new Director of Litigation — Personal Injury. Stapp is experienced in matters related to wrongful death, appeals, personal injury, premises liability, skier STAPP liability, construction defect, and dram shop. Jordan Lipp, managing member of Childs McCune, who practices product liability and ski law defense recently teamed up, with his wife to write, Is There Apple Juice in My Wine? : Thirty-Eight Laws that Affect the Wine You Drink. Hunnicutt & Appelman P.C. is pleased to announce that Kristi Anderson Wells has authored,The Executive Compensation Handbook: Stock Option Awards, Restricted Stock Grants, Cash Bonuses, Incentives and WELLS Other Nonqualified Deferred Compensation in Divorce, published by the American Bar Association.

CHANGES

Semple, Farrington & Everall, P.C. is delighted to announce our new name will be Semple, Farrington, Everall & Case. The Office of Patricia M. Jarzobski, P.C. personal injury and wrongful death has relocated. The new location is 3575 Ringsby Court, Ste. 308, Denver, CO 80216.

IN MEMORIAM Joseph Borus attended Williams College & Yale Law School. He practiced in New York until he moved to Colorado in 1971, where he worked for Berenbaum Weinshienk (now merged into Spencer Fane LLP). An active member of his community, Joe served as board member for Shalom Park and for the Pulmonary Fibrosis Foundation. A man of many interests, Joe was an avid reader, golfer and Broncos fan, though family was his number one. He will be greatly missed.

If you are a DBA member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, the Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Clair Smith at csmith@cobar. org. Announcements will be placed on a first-come, first-served basis. 32 I Docket I December 2018/January 2019


LEGAL AFFAIRS Arapahoe County District Court Judge Robert F. Kelley, of Littleton, CO, passed away on July 7. Chief Judge Kelley was a WWII veteran, a 1953 Denver Law graduate, and a founder and former president of the Arapahoe County Bar Association. He is survived by his wife, children and grandchildren. Harry Lee Arkin, December 17, 1933– September 18, 2018. Longtime Denver attorney Harry Arkin passed away on September 18, 2018. Harry was an accomplished arbitrator, mediator, and litigator who practiced in the areas of business, transactional, and corporate/company law in the United States and internationally. He was a graduate of the University of Denver Sturm College of Law (JD ’56). Harry was a chair (North American branch), fellow, chartered arbitrator, and panelist of the Chartered Institute of Arbitrators in London, as well as a fellow of the U.S.-based College of Commercial Arbitrators. A CBA HonorLife member, he was an active member of the CBA Business Law Section since 1957 and served on numerous CBA subsections and committees. Harry was husband of the late Jean Franked Arkin; father of Pamala Gladstone and the late Bradley Arkin; son of the late Benjamin and the late Rebecca “Betty” Arkin; grandfather of Rebecca (Levi) Frolich; great-grandfather of Rina Hadas Frolich; and cousin of Lynn Zwerdlinger. Contributions in Harry’s name may be made to the Benjamin Arkin Scholarship Fund at the Colorado School of Mines.

Corrections: In the Oct/Nov “Get to Know” feature on the new DBA Board of Trustees Members, some of the responses given by Lino S. Lipinsky de Orlov were inadvertently replaced with another respondent’s. The correct responses are: What has been one of your most memorable DBA experiences? My most memorable DBA experience involved ads sales for the program of one of the very first Barrister’s Balls. Being a typical attorney, and therefore lacking either marketing or sales savvy, my success rate was low. After begging my favorite merchants to support Metro Volunteer Lawyers, however, I was spared the humiliation of seeing my section of the program appear as blank pages and, more importantly, was not exiled for life from the Bar Association offices. If you weren’t practicing law, what career would you have chosen? If I was not practicing law, I would be working as a journalist, assuming I had not been laid off by now. I was Managing Editor of my college newspaper and spent a summer writing obituaries and filling in for vacationing reporters at my home town paper. I didn’t think my college friends and I could turn our love for the newspaper business into careers at a time when half of America’s liberal arts graduates thought they were Bob Woodward. (The other half thought they were Carl Bernstein.) Our apologies for the error.

BAR RESOURCES THE DBA PEER PROFESSIONALISM ASSISTANCE COMMITTEE Are you troubled by rude and unprofessional attorneys? Call Peer Professional Assistance for FREE one-on-one intervention. PPA has been sponsored by the Denver Bar Association since 1994. Call 303-860-1115, ext. 1, for more information. All inquiries are confidential. SOLACE SOLACE (Support of Lawyers/Legal Personnel — All Concern Encouraged) is a program of the Colorado Bar Association designed to assist those in the Colorado legal community who have experienced some significant, potentially life-changing event in their lives. The sole purpose of the SOLACE program is to allow the legal community to reach out in meaningful and

compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience deaths or other catastrophic illnesses, sickness or injury. For more information on SOLACE visit cobar.org/solace. DBA PLACEMENT SERVICE As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with well-qualified applicants. Its 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, accountants, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net.

December 2018/January 2019 I Docket I 33


PICTURE THIS

COLORADO LGBT BAR ASSOCIATION’S ANNUAL AWARDS DINNER The Colorado LGBT Bar Association hosted its Annual Awards Dinner on October 26 at the Seawell Ballroom at the Denver Center for the Performing Arts. The event celebrated and honored individuals whose work has helped advance the rights and representation of LGBT+ Coloradans. Each year, the LGBT Bar Association honors one of its own attorneys for extraordinary work in the profession. James Coyle, former Attorney Regulation Counsel, was this year’s Attorney of the Year. The Ally of the Year Award was presented to the Masterpiece Cakeshop legal team, including Paula Greisen of King & Greisen and Sara Neel and Mark Silverstein from the ACLU of Colorado. Colorado’s own Charlie Craig and David Mullins, litigants in the Masterpiece case, introduced their team as the award recipients.

The inaugural “Chief Justice Nancy E. Rice Trailblazing the Bench” Award was presented to retired Chief Justice Rice for her lifetime of service increasing visibility of LGBT Coloradans and overall diversity in the legal profession, particularly on the bench. Chief Justice Rice delivered a touching speech about her own experience as a young LGBT person. In addition, the Colorado LGBT Bar Foundation awarded Summit Scholarships to local law students Kevin Miller and Dana Steiner of the University of Colorado and Benjamin Jimenez of the University of Denver. The Summit Scholarship fosters inclusiveness in the legal profession by providing financial assistance to deserving Colorado LGBTQ-identified law students who have shown strong academic promise and community engagement.

2018 ATTORNEY GENERAL CANDIDATE’S DEBATE The candidates for Colorado Attorney General debated a variety of hot topics and current Colorado affairs in the Turnhalle Room in the Tivoli Student Union on October 23. Republican George Brauchler, Libertarian Bill Robinson, and Democrat Phil Weiser all spoke and discussed their political views in hopes of garnering support and votes from their constituents.

34 I Docket I December 2018/January 2019


2018 SAM CARY SCHOLARSHIP ENDOWMENT FUND GALA On Saturday, October 6, the Sam Cary Scholarship Endowment Fund held its 32nd Annual Scholarship Awards Gala — titled “GRATITUDE!” — at the Denver Renaissance Stapleton Hotel. Judges Billy Stiggers and Cheryl Rowles-Stokes awarded law school students Danielle Johnson (CU), Derson Figuereo (DU), Madeline Middlebrooks (DU), Miles Williams (CU), and Christina Murray (DU) scholarships totaling $10,000, and celebrated those who have supported the Endowment Fund faithfully over the years. Additionally, the Sam Cary Bar Association bestowed the following awards upon its colleagues in the legal community:

• Vanessa Devereaux — Billy Lewis Young Lawyer Award • Stephanie O’Malley — Courage Under Fire Award • Qusair Mohamedbhai — Warrior for Justice Award • Judge Claudia Jordan (ret.) — King Trimble Lifetime Achievement Award Guests were treated to special appearances by Miss Colorado 2018 Ellery Jones and Velois Cary Raush, granddaughter of Samuel (“Sam”) E. Cary, and entertained by the Denver School of the Arts Senior Jazz Quartet, the Intergenerational Women’s African Drum and Dance Ensemble, and award-winning jazz singer Rajdulari.

DU 8 HONORED On October 16, 2018, members of the Denver legal community gathered to honor the “DU 8”: Lucy Marsh, Nancy Ehrenreich, Kris McDaniel-Miccio, Catherine Smith, K.K. Duvivier, Joyce Sterling, Celia Taylor, and Sheila Hyatt (deceased). The celebration, co-sponsored by the CWBA, the CWBA Foundation, and 106 other organizations and individuals, recognized the courage and persistence of the University of Denver professors who were involved in the recent gender pay equity litigation. After a two-year investigation, the EEOC found that DU had violated the federal Equal Pay Act by paying women professors at the Sturm College of Law less than their male counterparts. In May 2018, the University agreed to a $2.66 million settlement for Marsh and six other professors.

December 2018/January 2019 I Docket I 35


HAPPY HOLIDAYS HAPPY NEW YEAR FROM JAMS

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB:

jamsdenver.com

• PHONE:

303.534.1254

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