Docket The
Denver Bar Association I Vol. 34 Issue 2 I February 2012
The Wild Pacific Coast, on
Two Wheels Attorney Nora Kelly shares her experience bicycling more than 800 miles, from Astoria to San Francisco.
Inside Gaining Experience in the Classroom: Educating Tomorrow’s Lawyers by Beth A. Tomerlin
Shape Your Social Media Policy with an Eye Toward the Future by Nicole M. Mundt
Meet the Bar Stars Dancers: Bill Walters and Christy Cutler by Sara Crocker
2 The Docket I February 2012
Docket The
Denver Bar Association I Vol. 34 Issue 2 I February 2012
ON THE COVER 6
Coasting Along the Pacific
10
The Practicality of Practicums
12
Don’t Fear the Tweeter
16
Meet the Bar Stars Dancers
6
FEATURES 4
From the President
8
Career Resources for the New or Transitioning Attorney
14
Colorado’s Civil Justice Crisis
18
Profiles in Mock Trial
20
How to Market Other Practice Areas within Your Firm
22
Bar Review: Denver Beer Co.
16
18
IN EVERY ISSUE 23
Briefs
26
Legal Affairs
28
Dates on the Docket
30
Picture This
22
Cover image: iStock Photo The Docket A publication of the Denver Bar Association. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313. Docket Committee: Mariya Barmak, Norman Beecher, Becky Bye, Scott Challinor, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Ryan T. Jardine, Thomas L. Kanon, Jr., Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer,
Christopher Mommsen, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA Officers: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer Board of Trustees Members: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director Editor: Sara Crocker P.C. Editor: Chuck Turner
Graphic Designer: Kate Schuster (303) 860-1115 denbar.org/docket Copyright 2012. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved. The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices. POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. February 2012 I The Docket
3
From the President
What You May Not Know about Pro Bono by Ilene L i n B l o om
L
a st month, my column d i sc u s s e d some of the results of the member survey regarding pro bono. This month, I am focusing on some of the written comments to the survey. I am hopeful this information will be useful in your further consideration of getting more involved in pro bono (if you are not already). CLE Credit for Pro Bono Many of you may not know that you can obtain CLE credit for participating in qualified pro bono or pro bono mentoring activities. If you provide pro bono legal representation, you may apply for and receive one unit of general CLE credit for every five billable-equivalent hours
representation to indigent or nearindigent persons.” The rule also applies to lawyers from other jurisdictions who have moved to Colorado. Pro bono emeritus attorneys are not required to pay annual attorney registration fees but must file an annual registration statement identifying the entities for which they have volunteered or, alternatively, pay the registration fee applicable to registered inactive attorneys. Malpractice Insurance for Pro Bono Work Several attorneys who responded to the pro bono survey, including government attorneys and in-house counsel, indicated they were hesitant to take pro bono cases because they lack malpractice insurance. What many lawyers do not realize is that as long as they take a pro bono case through an organized pro bono program, they will be covered by the program’s malpractice insurance.
“
Real estate and transactional lawyers and other non-litigators are needed to provide transactional-type pro bono representation.”
of representation, up to a maximum of nine CLE credits in each three-year compliance period. Credit also is available for lawyers who act as mentors for other lawyers and law students providing pro bono representation. See Colorado Rule of Civil Procedure 260.8 for more information. Pro Bono Emeritus Status Many of you also may not know about Rule 223, which provides a “licensing status to allow retired or inactive attorneys to provide pro bono legal services to the indigent” through nonprofit entities “whose purpose is or includes the provision of pro bono legal
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Unbundling When an attorney is said to be providing unbundled legal services, it means that he or she is providing the client only certain components of the full bundle of legal services during the course of the representation, or limited representation (see “Ethical Considerations When Providing Unbundled Legal Services” by Adam J. Espinosa in the September 2011 issue of The Colorado Lawyer). This is very helpful with assisting pro se parties, who often are indigent and really in need of pro bono representation. Thankfully for many pro se litigants, C.R.C.P. 11 allows for such limited representation and sets forth
the parameters and requirements for the limited representation of a client by an attorney. Specifically, it allows attorneys to draft or prepare pleadings on behalf of pro se parties for filing with the court. Colorado Rule of Professional Responsibility 1.2 also clarifies that an attorney may ethically provide such limited representation. Transactional Opportunities Many sur vey respondents expressed desire for more transactional opportunities. T hey do exist! T he Colorado Lawyers Committee Nonprofit Wo r k i n g G r o u p p r o v i d e s m a n y opportunities for transactional pro bono assistance. Real estate and transactional lawyers and other non-litigators are needed to provide transactional-type pro bono representation to community nonprofit organizations that serve children, the indigent, and other underserved populations and whose operat ing budgets do not per mit them to retain legal counsel. For more information and to get on an email list that is sent when such opportunities arise, please contact Peter Schwartz at peter.schwartz@dgslaw.com. Also, MVL occasionally will receive a request for assistance with creating a will. Mentor or Be Mentored MVL will match those who are interested in mentoring an attorney for a pro bono case with those who are seeking a mentor. And, mentors get free CLE credits when they help mentees with a pro bono MVL case. Firm Presentations Recently, I was invited to speak to a firm about pro bono opportunities and other bar association volunteer opportunities. If you are interested in a firm presentation, please contact me at ilenebloom@hotmail.com. D
Dancing with the
Bar Stars for MVL 2012
Barristers Benefit Ball Saturday, May 5
Grand Hyatt Denver, Downtown Denver
t Patron Table for 10 guests*—$3,250 t Patron Ticket*—$275 t Individual Ticket—$165 t Judicial Ticket—$120 t Young Lawyer and Non-Lawyer Ticket—$100 For more information, call Dana Collier Smith at (303) 824-5318. RSVP online at denbar.org. *Includes preferential seating and recognition in the dinner program.
February 2012 I The Docket
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Coasting Along the Pacific One Attorney Treks 826 Miles on a Bicycle
The final destination of the 19-day, 826-mile journey was San Francisco. Here, Nora Kelly poses in front of the Golden Gate Bridge. by N or a K elly
“W
ow!” I thought. “A lot has changed in 18 years!” I was on my bicycle climbing yet another steep hill, looking when I could at the gorgeous scenery of the Oregon Coast, to my right. I was on a bike trip, riding south from Astoria, Ore., in September, accompanied by three friends. Our goal was to ride all the way to San Francisco. I had bicycled the Oregon Coast 18 years before. One of the things I realized on this 2011 trek was that I had aged over that 18 years. I remembered the hill climbing, but it seemed that this time there were more hills and they somehow had become steeper and longer. My earlier journey had been endless fun. This time, it was a lot of work.
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But it was worth it. The Oregon Coast is gorgeous. It’s a wild coast with rocks and cliffs and crashing waves and evergreen trees running all the way down to the water. Surprisingly, even though it is a coast, there is little “coasting” along on a bicycle—the coastline of Oregon and California is actually quite hilly, and many of the hills are very steep. Often we climbed more than 800 feet in a day, and on one day we climbed close to 2,000 feet. Because we were cycling in September (which is the recommended time to cycle the Oregon and Pacific Coast, to avoid the summer tourist traffic), we were traveling from north to south, because the prevailing winds blow from the northwest. We didn’t always have a tailwind, though, and on some days it seemed as though it was headwinds
all the way—chilly and ferocious headwinds. We were doing what is called “loaded touring.” No, that does not mean that we took slugs of whisky before we climbed on our bicycles each morning. It means we carried everything with us on our bikes, including a tent, sleeping bags, cook pots, and stoves. Oregon and California have “hiker-biker” sites at their coastal campgrounds, which are set aside as a kind of group campsite for bicyclists and hikers. There’s no requirement of an advance reservation for a space, and the campsites are first come, first served. The Oregon hiker-biker campsites are the best: spacious, neat, and tidy, with hot showers at some campsites. In California, some of the sites seemed to be more of an afterthought, but for the most part they also had hot showers, which after a long day of cycling in cool weather, is a
real treat. We rode approximately 50 miles each day on our trip. The Oregon leg is 414.5 miles, from Astoria on the northernmost part of the coast to Crescent City, the last Oregon town we went through before entering California. Then it is 412 miles down the Pacific Coast to San Francisco. Things went smoothly until we reached Brookings, the last town before the push into California. I developed tendonitis in my Achilles tendon after a long hill climb and could barely pedal as we pulled into Brookings. I conferred with my comrades, and we decided a layover day was in order so that I could rest my tendon and see if I could continue the trip. I was crushed—I didn’t want to give up after completing only the first half of the trip! We checked into a motel, and I spent the next day with an icepack wrapped around my Achilles tendon and dutifully resting. I lowered the seat on my bike so it wouldn’t be such a stretch on my Achilles to reach the pedal, and I removed the toe holster so I could freely move my foot around on the pedal and hopefully find comfort there. I also took Ibuprofen—a lot of Ibuprofen. I was determined to go on. The next day, we set out for California. I held my breath. There was some pain, but each day it lessened and, hallelujah, I was able to keep pedaling the next 412 miles to San Francisco! It was really worth it—the Pacific Coast was just as spectacular as Oregon’s. And, because we were heading south, it was warmer. The hills we climbed seemed funkier in California—some extremely steep and sweeping and swer ving through the countryside. We would bomb down to the bottom of a long steep hill only to have it turn sharply and immediately begin climbing steeply and endlessly. My friends and I had to walk
our bikes a couple of times during the trip in California, because the hills were too steep to climb on a bike. One of the treats for us was pedaling through redwood forests in California. Towering all around us were enormous trees that are centuries old. The trees were so big and tall that they blocked much of the sun, and we had to put on extra layers of clothing before pedaling through a stretch of them. On the last night of our 19-day trip, we spent the night at a campground called Samuel Taylor State Park. The next morning we set out for San Francisco. The route was as hilly as usual, and after a lot of climbs and descents, we finally came to Sausalito. From there, we could see the gleaming city of San Francisco across the bay and the Golden Gate Bridge that would take us on the final leg of our journey. We were lucky—it was an unusually clear and sunny day. We rode our final leg slowly over the bridge, knowing that we had earned the right to feel a little bit triumphant for having completed the trip. D Nora Kelly is an employment law attorney in Denver who specializes in representing public employees.
(Above) While riding across the Pacific Coast, Nora Kelly and her fellow riders packed all of their gear on their bicycles, known as “loaded touring.” The Oregon coast is rugged, with cliffs and evergreens running down to the water of the Pacific. (Below) Some campsites along the Pacific Coast are set aside for hikers and bikers, and include hot showers.
February 2012 I The Docket
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Career Resources for the New or Transitioning Attorney
by M arg are t Hay w o od
T
he economic downturn has thrown a few punches in the direction of the legal profession. Established attorneys may find themselves displaced, and new attorneys pass the bar and find themselves in an oversaturated market. Whether just joining the profession or considering a career change or transition, the Denver and Colorado Bar Associations offer opportunities for you to build skills and create a presence in the legal community. There are more than 80 sections, committees, and bar-sponsored programs available to members of the DBA and CBA. These groups offer community
service projects, professional development programs, and social and networking events that could virtually keep you occupied every waking hour of the d ay. Each group also provides access to some of the best and brightest professionals in the Colorado legal community. Attorney Ravi Patel takes full advantage of DBA social occasions, despite his initial discomfort at networking events. “It’s difficult to ask for help from people and feel as though you don’t necessarily have anything to give in return,” Patel said. However, he quickly realized that those in the Colorado legal community were willing, if not eager, to help. Taking his newfound acquaintances to coffee has led to solid career advice and continued connections. “It’s a long-term commitment without instant results,” Patel says of his experience. Still, his advice is to “keep going and stay focused. Keep meet-
ing and always follow up.” Volunteering is another channel for gaining new experiences and connecting with legal professionals. If in search of a new career path, volunteering may spark an interest in something previously unknown. Additionally, volunteering is a smart way to sharpen your skills and add experience to your résumé. The emotional boost gained from contributing to your community is just icing on the cake. The DBA facilitates many community and school-based programs, along with pro bono opportunities, including Access to Justice, the Community Action Network, Democracy Education, and Metro Volunteer Lawyers. If participating in a multitude of small groups and pro bono programs leaves you short on time and feeling overwhelmed, Patel’s advice is to initially cast a wide net; once you discover what you enjoy, focus and narrow your efforts. As you navigate through your transition, the DBA has an abundance of career resources, ranging from job posting listservs and résumé reviews to financial assistance programs and a monthly Career Transition Support Group. The CBA’s Lending Library includes a collection of more than 50 books pertaining to career and professional development.
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8 The Docket I February 2012
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Subjects range from new ways to use your law degree to leveraging your assets in a competitive market. Visit http:// bit.ly/LendLib to find a complete list of books in the Lending Library. For those finding themselves in career transition, financial stability is often a concern. CBA-CLE offers free and discounted events, allowing members to earn CLE credits without breaking the bank. By subscribing to listservs and remaining informed on the various lowcost events offering CLE credits, Patel acquired nearly 30 credits for under $50. For some attorneys, starting a solo or small practice is a lifelong dream, while for others striking out solo is a last resort when unable to find employment elsewhere. Whatever the reason, starting a solo practice doesn’t mean you have to do it on your own. After exploring his options, Patel decided to hang his own shingle, using resources from the CBA’s Solo and Small Firm Section and Law Practice Management department. The CBA’s LPM department is dedicated to providing general practice management, technology, marketing, and financial resources to its members, as well as risk management and professional liability information. Attorneys starting out on their own can find
Resources for New or Transitioning Lawyers DBA Career Placement Center
Find temporary and full-time job opportunities: denbar.org/employment.
DBA Committees
Get involved with the DBA and the community: denbar.org/index.cfm/ID/1094/DBA/ Committees.
CBA Listserv Sign-up
CBA Law Practice Management Department
The CBA LPM Department maintains a variety of resource information in general practice management, technology, marketing, and finance: cobar.org/index.cfm/ID/20124/DPLPM/ Practice-Management.
CBA Lending Library
Get information about job announcements, opinions, and sections: cobar.org/ listsignup.cfm.
Find a collection of materials on topics such as practice management, finance, marketing, and technology, as well as some practice-specific topics: http://bit.ly/LendLib.
CBA Employment and Classified Ads
CBA Sections
Search or place a listing or ad: cobar.org/ classified/classifiedAdList.cfm.
resources about topics such as office sharing and leasing, managing technology needs, and website development. Additionally, CBA-CLE offers Hanging Your Shingle, a three-day program aimed at advising solo practitioners on entity choices, practice management, and marketing and development. Attorneys can also visit cobar.org/cle to find homestudy programs and reading materials that specialize in specific practice
Find diverse specialties of law, as well as the Solo and Small Firm Section: cobar.org/ Sections.
areas. Though each attorney must decide what career path is best for him or her, the DBA and CBA offer resources and opportunities to connect with others that may help in finding that path. D
February 2012 I The Docket
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The Practicality of Practicums
Thinking and Acting Like a Lawyer, One Class at a Time B y Be t h A . Tome rlin
D
uring my first few weeks at a civil litigation firm, fresh out of law school, I was asked to fill in for another attorney in the middle of a month-long deposition of a plaintiff in a lengthy case. This was incredibly intimidating, but I had an understanding of how to prepare, what to expect, and how to interact with the various parties in the room, thanks to a course I had taken while at the University of Denver Sturm College of Law. That course, the Discovery Practi-
was armed with the skills to effectively begin my career. Whether law school prepares students for the actual practice of law has been a hot topic, both in the news and in the legal community. In a recent New York Times article, the reporter presented attorneys, new and established in their careers, and some professors, who said one thing law school graduates weren’t taught was how to practice law. After reading through the article,1 I disagreed with their comments. Honestly, I believe that my law school training provided me the skills— both theoretical and practical—to begin my career. Certainly, we are all familiar that the traditional law school education teaches law students to “think like a lawyer,” but many claim that the tradi-
“
Courses like the Discovery Practicum will drastically change how law students understand law and procedure and will actually provide them with the skills necessary to practice law.”
cum, differed drastically from other traditional law school classes. As the name implies, the course focused exclusively on discovery rules, and we did not learn simply about the rules and the theory of discovery, we actually engaged in discovery. There was not a lecture component to the practicum; instead, students interacted with Prof. David Thomson, the materials, and each other. This provided the backdrop for students to fully engage with the law and facts of the case as one would in practice. I believe courses like the Discovery Practicum will drastically change how law students understand law and procedure and will actually provide them with the skills necessary to practice law. After the Discovery Practicum, I felt I understood the basics of litigation and that I
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tional education fails to teach students how to actually be a lawyer. Indeed, most first-year classes consist primarily of theoretical work instead of practical application. However, I was fortunate to attend a law school that provided a curriculum that was balanced between theory and practice. At DU Law, I found there were numerous opportunities to participate in a clinic or externship, and the law school offered practicum courses that mirrored the practice of law. The practicum, which is a part of Educating Tomorrow’s Lawyers (see the accompanying sidebar, by Alli Gerkman, “The Roots of Educating Tomorrow’s Lawyers”), was an intensive course, and some of the highlights for me included the opportunity to draft initial disclosures and interrogatories, and to
The Roots of Educating Tomorrow’s Lawyers by Alli Gerkman Putting knowledge into practice. This is the promise of Educating Tomorrow’s Lawyers, a new initiative committed to encouraging and facilitating innovation in legal education in order to train new lawyers to the highest standards of competence and professionalism. The initiative, launched in 2011 and led by IAALS, the Institute for the Advancement of the American Legal System, is based in the findings of the 2007 Carnegie Report, “Educating Lawyers,” and benefits from the leadership of that report’s lead author, William Sullivan, along with IAALS Executive Director Rebecca Love Kourlis and University of Denver Sturm College of Law Dean Martin Katz. DU Law already has two courses, including Prof. Roberto Corrada’s labor relations law class, which was highlighted in the December edition of the ABA Journal. The second course is Prof. David Thomson’s Discovery Practicum, which Denver lawyer Beth A. Tomerlin, a 2007 graduate of DU Law, discusses in “The Practicality of Practicums.” Thomson, who began teaching the course in 1993, recalled his own experience as a first-year associate working on complex commercial litigation: “Unfortunately, I had not learned how to do any of this work in law school—no such course existed.” Thanks to the initiative of professors like Thomson and Corrada, and the support of law schools committed to progress, tomorrow’s lawyers will be better prepared. Le a r n m o re a b o u t t h e s e a n d other innovative law school courses at educatingtomorrowslawyers.du.edu. Alli Gerkman is online content manager at IAALS - Institute for the Advancement of the American Legal System.
respond to such requests with information and documents we had in our case files. Initial disclosures are not covered in depth in most law schools, and in my experience, most civil procedure courses focus exclusively on the timing of initial
disclosures and a recitation of the rule, leaving the students with a vague understanding that they must reveal some names and documents in the beginning of litigation, but they have no clue how to draft such a document or what to provide to opposing counsel. Additionally, most students are never exposed to the concept of redacting documents for privilege or constructing a privilege log. The practicum provided me not only a roadmap of the basics of how to navigate discovery rules but also drafting skills and tools for conducting discovery. One of the most beneficial aspects of the course, for me, was preparing for and conducting a deposition of a witness in our case. Of course, we had our fellow students playing the role of the witness (and that certainly has its limitations),
but I was able to take and defend a deposition in front of a live court reporter. Subsequently, we were able to review the transcript of our deposition and receive feedback from our professor on our objections, our phrasing of questions, and our overall demeanor. It provided a safe setting to experiment and learn without costing a client a great deal of money or losing face in front of a senior partner. The deposition component of the practicum was the most valuable exercise I had in law school. My experience at a litigation firm was not the same as some of the young associates in The New York Times article. Of course, I did find things are a bit different outside the law school setting—I had real clients who called me all the time, I had numerous documents to
review, depositions to conduct, and I had to figure out how to juggle a large case load (and a life outside of the firm). Law school may not have prepared me for every step, but my experience in the practicum certainly made those early steps a lot easier. I graduated from law school not only learning how to “think like a lawyer” but also with a set of tools and skills to actually be a lawyer. D Beth A. Tomerlin is the pro se protective proceedings facilitator in Denver Probate Court and the legal research attorney for the Third Judicial District.
David Segal, “What They Don’t Teach Law Students: Lawyering,” New York Times (Nov. 19, 2011), nytimes.com/2011/11/20/ business/after-law-school-associates-learn-to-be-lawyers.htm;?pagewanted=all.
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February 2012 I The Docket
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Don’t Fear the Tweeter
Shape Your Social Media Policy with an Eye Toward the Future
by N icole M. M und t
A
s a social media manager and “recovering lawyer,” I understand the fear and skepticism of social media among well-established, and often conservatively traditional, institutions. So, when Indiana’s Delaware Circuit Court issued a formal policy forbidding their employees from using any kind of social networking site during work hours, and strongly “advised” that they also refrain from social networking on their own time, the commentary on the absurdity of it all naturally fell to me. Rather than doing an in-depth analysis of how forbidding employees from using social media sites infringes their freedom of speech (the First Amendment is not my strong suit), I’m more compelled to address the fear that institutions have of social media. I use the term “institutions” loosely here. In this case, I’m referring to the legal profession in general, and I base many of my assertions on my social media experience in the health care industry (an institution in its own right). I am sympathetic toward the policy writers, as they desperately try to keep a firm grasp on something that is undoubtedly beyond their control. As is so often true in law (and other institutions), something new and powerful presents a threat to the way things have
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always been done. Just like We, in the practice of law, resisted the creation of the Internet, the change, terrified of disrupting the social media is changing the way things were for a new piece of techway the world interacts. nology that seemed beyond our control. When the Internet was Social media presents a similar sceintroduced to the practice of nario. Those who understand it have law, no one could have fathbeen touting the benefits since its incepomed that one day we would tion. Those who don’t, however, write have WestLaw and Lexispolicies forbidding their employees from Nexis. No one imagined that, using it. one day, it would no longer be The Delaware Circuit Court policy necessary to confine oneself “…applies to all existing and future social to a library basement and pore network sites, including, but not limited over volumes of statutes and to, MySpace, Face Book [sic], Twitter, antiquated case law in order to YouTube, LinkedIn, and blogs. Any site draft a motion. The practice of law could accessed through the Internet for the hardly conceptualize e-filing a pleading purpose of connecting one person to with the court or filling out corporate others with similar interests or backformation documents in another state grounds is a social network site, even if on the computer. Even the introducthe common interest is as loose as enjoytion of email and its impact on attorney ing watching funny or unusual film clips.” communications was, at one time, a terThe way the policy is written makes rifying concept. it abundantly clear that its authors do Knowing what we know now about not understand the power of social how the Internet has improved the efficiency of the practice of law, it seems silly that attorneys and law firms vehemently resisted integrating the Internet into their practices. We joke now about those firms that refused to get the Internet and those attorneys that insisted on tradiAlternative Dispute Resolution with tional letters and compassion, expertise and insight . mailings, rather The qualifications and experience of our former judges have earned them than email. All of the highest respect of the legal community. They are noted for their respectful treatment of all parties and their genuine desire to find the the hand-wringing best solution. No egos. No biases. Just insightful, objective resolution. and concern about Contact Legal Resolution Center confidentiality of at 1.888.881.7365, or visit us at www.legalresolutioncenter.com emails and the reliability of case law found online now seem ridiculous.
Common Ground
media. They also don’t understand that by forbidding certain behavior, they’re contributing to social media’s power. Any parent of a teenager knows that an outright ban on behavior makes anyone want to do that one thing that much more. It’s not our fault—we’re human (blame Adam and Eve). So, although I don’t have particular issues with the policy’s mandate that employees not access social media sites from their work computers during working hours, it’s the attempt to influence employee behavior outside the workplace that really appalls me. The portion of the policy that should be raising eyebrows states: “Court employees shall not use personal computers or hand-held devices (I-phones [sic], Blackberrys [sic], and other cellular devices) to access the Internet, specifically social networking sites, while in the workplace during working hours (while the employee is ‘on the clock’). No employee should perform non-work related tasks during work hours, including accessing personal emails and texting on non-work related matters.” The policy goes on also to restrict an employee’s behavior at home: “Because the Court must maintain a high standard of conduct, an employee who reveals her or himself to be prejudiced and/or who reveals her or himself as a person who does not maintain a prudent and judicious lifestyle may give rise to an appearance of impropriety.” Putting aside the First Amendment violations (which, admittedly, are so egregious that even I picked up on them), there’s a much higher-level, practical response here. Rather than focusing all of this energy on keeping people away from social media sites, I would challenge our profession to be creative and develop social media applications that advance the practice of law. Many law firms today have Facebook pages, Twitter feeds, and blogs. Those who don’t are just fighting the inevitable. But my chal-
lenge goes beyond the traditional forms social media, but also thinking about of social media—Facebook, Twitter, how its power can better our profession. and YouTube. When the Internet first As I often tell my clients, social became publicly available, no one had media is a bus. It’s coming, and you will conceived of the concept of Westlaw or have a handful of opportunities to get on Lexis—until they did. And nothing has that bus before it runs you over. Policies been the same since. like that of the Delaware Circuit Court of Sure, social media sites are risky. Indiana, which attempt to ban participaI understand the concerns of law firms tion in social networking sites, are feeble that do not want to provide a soapbox efforts to construct a roadblock (or perfor disgruntled clients who didn’t get haps remove a portion of a bridge) in the the verdict they had hoped for. I realize bus’ path. I encourage those of you who that having a social media site puts many haven’t seen “Speed” to go to YouTube things outside our control. I hate to (like, the social media site) and type in sound like Batman here, but it becomes “Speed bus jump scene.” I think you’ll get imperative to harness the power for my point. D good, not evil. Rather than viewing a Facebook page as a platform for critiNicole Mundt cism and judgment, think of it as a place works in sales and where an attorney or a firm may pubimplementation licly respond to certain critiques, reach a for a social media broader audience, and establish itself as a company focused practice that listens to its consumers and in health and welladdresses their concerns head-on. n e s s ( c a fe we l l . Then there’s the part about how it is com). When she only a matter of time until everything— i s n’ t e d u ca t i n g absolutely everything—is done online. clients on the beneWhen that happens, those law firms and fits of social media, attorneys that were forward-thinking she’s running, blogging (thetwelvestepproenough to establish a social media presgram.blogspot.com) or throwing the ball for ence early in the game will be able to her chocolate lab, Stout. transition seamlessly. Those who fought social media tooth and nail, ultimately to no avail, will scramble to create some semblance of a social media presence. This is when mistakes will www.milehighbankruptcy.com happen and social media will be managed improperly, Representing Individuals resulting (in my and Business Owners in estimation) in precisely those things Bankruptcy since 1987 people are worried about today. There is every reason in the world to begin not only accepting February 2012 I The Docket
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Colorado’s Civil Justice Crisis by D i ana Po ole
I
t ’s a p e rfect storm. Although overused, that metaphor so accura t e l y c a p t u re s what is happening to Colorado’s legal aid delivery system that it is difficult to avoid. Just as in a perfect storm, a rare combination of circumstances has resulted in a crisis of unprecedented magnitude. Colorado Legal Services is the only program in the state that provides free legal assistance (advice, brief service, and full representation) in civil matters to low-income individuals and families in every Colorado county. With 14 offices around the state, it operates like a legal emergency room, serving low-income Coloradans at greatest risk and in greatest need. In 2010 alone, CLS provided assistance to more than 11,000 indigent clients facing serious legal problems that directly implicated their health, safety, stability, and sufficiency. With few exceptions, CLS clients live at or below 125 percent of the federal poverty guideline (which translates to an annual income of $13,613 for an individual and $27,938 for a family of four). They include senior citizens, victims of domestic violence, veterans, persons with mental and physical disabilities, and other particularly vulnerable Coloradans. Even before the recession, the need for legal aid among the poor outstripped available resources. A study in 2005 found that for every client served by CLS, at least one person seeking help was turned away because of insufficient resources. The Great Recession and its aftermath have made the situation dramatically worse, as more and more low-income Coloradans experience the significant legal problems that accompany acute economic distress and
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prolonged unemployment. With the deterioration of the labor and housing markets, rising fuel and food costs, and depleted savings, more Coloradans are facing eviction, foreclosure, delinquent child support, hunger, financial distress, bankruptcy, and domestic violence. In addition, prolonged unemployment or under-employment means that the number of people eligible for legal aid continues to rise. The most recent Census Bureau survey found that there are now more than 750,000 Coloradans who are income-eligible for services. Amid this rising tide of need, CLS is experiencing devastating funding losses that threaten to compromise its ability to meet even the most serious legal
on lawyers’ trust accounts. Although COLTAF has a reserve, built in better times for just such times as these, it is rapidly being depleted. Even with the reserve, COLTAF funding for CLS has dropped by $630,000 over the course of the last two years, and COLTAF is projecting another cut to CLS of at least $520,000 in 2012. Also important is a loss of $165,000 in state funding for legal services for victims of domestic violence. Whether the state will be in a position to restore that funding for fiscal year 2013 remains to be seen, but an actual increase in the state appropriation, and certainly one anywhere near the magnitude necessary to cover for other losses, is not in the
“
Amid this rising tide of need, Colorado Legal Services is experiencing devastating funding losses that threaten to compromise its ability to meet even the most serious legal needs of the poor.”
needs of the poor. Federal funding, with strong bipartisan support, has long been a financial foundation for legal aid. Yet, notwithstanding the increased need for legal services and the value of those services in stabilizing families in crisis, just before Thanksgiving, Congress approved a budget bill for 2012 that includes a 14.85 percent cut in funding for legal aid programs such as CLS. This translates into a loss of more than $605,000 for Colorado. This latest reduction in federal funding comes on top of other funding losses suffered over the last two years totaling nearly $1 million. Most notable among these is the drop in funding from COLTAF, the Colorado Lawyer Trust Account Foundation. The extended period of very low interest rates that we are experiencing (now expected to continue until at least mid-2013) has decimated COLTAF’s revenue, which is comprised solely of the interest earned
cards, given the state’s current budget constraints. All told, by the end of 2012, CLS likely will be down more than $2 million, or more than 20 percent of its funding just two years ago. All of these funding losses mean that CLS, already woefully understaffed, will shrink further, which will necessarily reduce the legal assistance available to low-income Coloradans, regardless of their legal need. Already, where there were six CLS lawyers doing family law cases in the Denver metro area, which has an indigent population of nearly 300,000, now there will be only five; where there were four lawyers handling evictions and other housing issues, three will have to suffice; and where there were three doing foreclosure defense, now there will be two. Other parts of the state are faring no better. In Grand Junction, with an indigent population in Mesa County of about 17,000, there are now only two CLS lawyers, where formerly
there were three. The CLS offices in Colorado Springs and Alamosa have each lost a paralegal, and the Durango office has lost the sole member of its support staff, leaving just three lawyers and a paralegal to serve the entire southwest corner of the state, including the Southern Ute and Ute Mountain Ute Indian Reservations. This serious understaffing is only going to get worse. Bar-sponsored pro bono programs alone cannot be expected to pick up this much slack, particularly because they too are suffering from cuts in their COLTAF funding. The court system, also suffering from inadequate funding, cannot be expected to seamlessly absorb ever larger numbers of pro se litigants, especially if timely legal assistance would have eliminated the need for them to be there in the first place. It is true that to maximize access for those in greatest need, a well-functioning civil legal aid delivery system must have wellmanaged pro bono programs; it must have a legal community committed to providing pro bono services to the poor; it must have self-help resources that make courts and administrative agencies accessible for those who are proceeding pro se; and it must maximize its use of technology to improve access in rural areas and otherwise. But the backbone of any well-functioning system must be an adequately-funded, staffed legal aid program, with lawyers and paralegals who are experts in dealing with the problems unique to low-income
populations, and who are available on demand when low-income families are in crisis and time is of the essence. The legal profession has a singular responsibility to respond to this crisis in our civil justice system. CLS is the place of last resort for low-income families, the disabled, veterans and military families, and seniors who are facing serious civil legal problems. If turned away, these Coloradans are effectively denied the rights, remedies, and protections afforded by the law, sometimes with devastating consequences—lethal injuries at the hands of an abusive spouse, a home lost to an unscrupulous lender, life on the street because of a wrongful denial of disability benefits. As lawyers, we understand that the rule of law is in jeopardy when the protections of the law are not available to increasingly large numbers of our most vulnerable citizens. The leadership of lawyers—whether in private practice or in-house corporate counsel, large firm or solo practice, government or nonprofit—is more important than ever in fulfilling our nation’s promise of equal justice for all. The effect of CLS’s funding losses is calculable in terms o f doll ars lost , staff positions eliminated, and additional applicants for service turned away. But the actual impact on the lives of
low-income Coloradans, the damage to our communities, the tarnishing of our nation’s fundamental promise of equal justice, and the risk to our civil justice system and the rule of law is immeasurable. Here are some things you can do to help: 1. Give generously to the Legal Aid Foundation (legalaidfoundation.org). 2. Take a pro bono case from Metro Volunteer Lawyers (metrovolunteerlawyers.org/ volunteer-with-mvl). 3. Speak to your elected representatives (federal and state) about the importance of public funding for civil justice. 4. Speak with your banker to ensure that the interest rate on your COLTAF account is as generous as possible. D Diana Poole is the executive director of the Legal Aid Foundation, which raises money for Colorado Legal Services, and COLTAF, which administers Colorado’s IOLTA program. She is a member of the Colorado Access to Justice Commission.
February 2012 I The Docket
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Meet the Bar Stars Dancers
Walters and Cutler ‘Fools’ for Dance
Christy Cutler and Bill Walters by S ar a C ro cke r
A
Japanese proverb is guiding Bill Walters and Christy Cutler as they prepare to compete in the dance competition at the Barristers Benefit Ball: “We’re fools whether we dance or not, so we might as well dance.” And while the couple is refusing to detail here any of their plans for their routine, they will concede one hint, from another favorite phrase: “Life is no good without some wiggling,” Cutler said. “So maybe we will admit that there will be some wiggling in our routine,” Walters added. When selecting this year’s “Bar Stars” to reprise the wildly popular “Dancing with the Stars”-esque dance off that paired attorneys with professional dancers, captivating attendees at last year’s Barristers Benefit Ball, the committee approached Walters. “I said no, but I would do it if I can dance with my spouse,” he recalled. Committee member Jerremy Ramp told him, “That’s even better.” “I did all that without talking to Christy first, and I’m paying the price,” Walters joked. Other DBA notables and their spouses also have signed on to compete. In fact, the competition will pit three
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former DBA presiwas always short on boys, so he filled in, dents against each doing a traditional Hawaiian dance, the other on the dance Hukilau. He learned the twist in a unique floor: Walters and way: on an interstate outside Tampa. He Cutler; Mark Fogg was going to see Joey Dee and the Starand his wife Pat; liters, and he and his friends decided and Elsa Martithey needed to practice it before they got nez Tenreiro and there. her husband Steve “[Dance is] really a wonderful form Theis. of expression and I’ve enjoyed it,” he said. They will all Cutler taught creative movement to practice and plan children for 25 years. their routines “I danced with 2-year-olds up to with professional 14-year-olds, and that’s a very different dancers. thing than ballroom dancing,” she said. Walters said “Makes me the perfect partner,” he thinks it’s great to involve and recogWalters added. nize the spouses of Bar Stars. Jokes aside, the two have never been “For those of us who work and do afraid to hit the dance floor. bar activities, anybody that’s ever done “We love to dance together,” Cutthat knows that your significant other ler said. “We have always enjoyed that, or spouse is a major part of whatever whether it’s at a club or a wedding or the you do—being with you or supporting Barristers Ball.” you or listening to you decompress, whatever it might be,” he said. “In a way, if you’re going to feature the DBA presidents, it really should include the significant other as well.” Cutler agreed. Leslie Lawson Dan Himelspach “It has ver y much a real feel,” 21Years of High Quality she said. “I think it Dispute Management Services will be fun.” Wa l t e r s a n d Cutler have individual dancing experiences that they bring to the competition. Walters recalled Freddy Alvarez Janis Cella Todd Mackintosh that he once took the stage at a bal1801 Williams St. Ste. 300 www.DisputeManagementInc.com Denver, CO. 80218 let recital—his info@DisputeManagementInc.com (303)321-1115 sister’s ballet class
In fact, they had a dance class for themselves and other couples in their living room about two years ago. They cleared all the furniture out of their living room so they could learn to dance rueda de casino, a Cuban form of salsa that’s done as a group in a circle, almost like square-dancing. Also, their daughter Anna is in an Afro-Cuban dance company in Los Angeles. She’s given her own ideas, but they’re still keeping their plans a secret. Cutler would say that they may have a subtle costume change during the performance. “Which could mean we’ll change our minds,” Walters said. When asked about what challenges they face, Walters said it will be tough to remember all the steps. “Usually when I dance, I just dance what I want to dance,” he said. “This is more structured than that; it has to be. Going from making it up to an act, I
think that will be a little harder.” As they start to prepare for the dance competition, which will be a part of the ball on May 5, they also will mark a personal milestone. Walters and Cutler will celebrate their 30th anniversary this month. “We thought this would be a good way to celebrate our anniversary,” Walters said, spurring laughter from them both. Despite the anxiety that may accompany the performance, they’re looking forward to the ball. “It’s for a great cause, more than anything else,” Walters said, noting that the event benefits Metro Volunteer Lawyers. “It’s all about having fun.” Cutler agreed. “I think we’re hoping to bring a little silliness into whatever it is we do that night,” she said. “It’s not a deadly serious thing at all.” D
Battle of the Past Presidents There are two ways to vote for Bill Walters and Christy Cutler: You can vote inperson, based on applause, following their performance at the Barristers Benefit Ball on May 5. You can also vote with your wallet, in advance at givingfirst.org/BillandChristy, or in person at the ball. The other Bar Stars Dancers, who can also be supported at givingfirst.org, are former DBA President and CBA President-elect Mark Fogg and his wife Pat Fogg and former DBA President Elsa Martinez Tenreiro and her husband Steve Theis. Want to know which president will prove he or she deserves to win it all on the dance floor? Tickets to the ball are available at cobar.org/bball. In March, read about Bar Stars dancers Mark and Pat Fogg. In April, Elsa Martinez Tenreiro and her husband Steve Theis will be featured.
The Colorado
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Profiles in Mock Trial
Volunteers See Confidence, Skills of Teens Blossom by M arg are t Hay w o od
P
rior to joining the Colorado Court of Appeals bench seven years ago, Judge Robert Hawthorne was a long time attorney working in private practice. Although no stranger to the courtroom, his experience didn’t include sitting on a trial bench. Following his appointment, Hawthorne volunteered as a presiding judge in the Denver regional mock trial competitions. By acting as a presiding judge for these competitions, Hawthorne’s experience gave him perspective on the pace and decisionmaking process of trial judges, offering context as he reviewed appellate cases. Hawthorne is one of the hundreds of judges, attorneys, paralegals, teachers, and community leaders who volunteers countless hours for the Colorado Bar Association’s High School Mock Trial Program every year. Their guidance and instruction educates students about the judicial system and trial process, while providing them with an invaluable skill set that will stay with them as they enter their adult lives. While each volunteer has a unique reason for coming to the table, each of them walks away with a similar satisfying and valuable experience. Take Charlene Hunter, whose mock trial experience started as an employment alternative. She earned her J.D. from University of Denver Sturm College of Law in 2009, and was initially unable to find work. As a result, she focused on volunteering and jumped at the chance to sign on as a mock trial scoring panelist. “Every time I go, I learn something.” Hunter said. “Whether about the law, about people, or seeing how something is presented in a different light—it’s all a learning experience for me. Some people look at it and think you’re giving so much, but I think I get so much.” Charles Ledbetter, a shareholder with Kennedy Childs, has a love for litigation but his practice doesn’t put him in
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George Washington student Deon Wilson acts as a witness while volunteer Alan Bucholtz presides during the 2011 Denver Regional High School Mock Trial Tournament at Denver's City and County Building. the courtroom as often as he would like. drawn in and return year after year.” Volunteering as a mock trial scoring panAlthough their initial interests difelist and presiding judge feeds his desire fer, ask any mock trial volunteer about to see litigation in action. why they continue volunteering each Pete Hedeen’s philosophy is if you’re year and the answer is essentially the fortunate, give back. He used mock trial same: witnessing student achievement to be true to that belief. When he moved and being part of a program that teaches to Denver from Chicago 12 years ago, he skills that will stick with students was familiar with mock trial, though he had never participated. When he heard of a roubled by ude and low-income school in need of an attorney coach, he jumped nprofessional ttorneys at the chance to use his skills and help out kids in need, and The following lawyers are willing to take calls on a confidential basis, for guidance, tips, and has been a volunteer since. strategies for dealing with opposing counsel. Carolyn Gravit, Director of the DBA and CBA Public Legal Education departments, Pam Mackey: touts the Colorado High (303) 831-7364 School Mock Trial Program as Karen Pearson: one of the best in the nation, (303) 874-8615 and said other states often seek out the CBA for proDave Furgason: gramming direction. (303) 861-8013 “The key component to being the best is our volunRich Hennessey teers, not only coaches but (303) 839-1204 scoring panelists and judges,” Gravit said. Sometimes, Sponsored by Gravit has to turn away volthe DBA Peer Professionalism unteers. “Everyone comes Assistance Committee back. Once they do it, they’re
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throughout their adult life. As a scoring panelist for the 1st Judicial District and Denver regional competitions, Janet Price said she loves watching students stand in front of a courtroom, speak clearly and knowledgeably, and give a credible performance. She added that the confidence she sees the students gain as one of the best parts of the program Hunter agreed. “It’s a fabulous, fabulous program for young people,” she said. “What it teaches them about organization, selfpresentation, thinking on their feet, working with a team, everything. For kids who want to challenge themselves mentally, it is a wonderful, wonderful gift.” Denver attorney Brad Hill has been a scoring panelist for Denver regional competitions for more than four years, and attended Denver Public Schools as a high school student. He is impressed with the competitors’ quick thinking, analytical skills, and ability to craft arguments. “I couldn’t have done that in high
school,” Hill said. “It’s a great program and I’m honored to be part of it.” Scoring was only the tip of the iceberg for Hill, who now volunteers as a mentor and teacher for high school students. “I’m lucky to be able to do this, and I want to Colorado Academy Team B won the Denver Professionalism Award at the 2011 Denver Regional High School Mock Trial Tournament. give back if I have anything to give,” he said. “These kids fight so hard just to get While coaching, Hedeen met a stuto school, and then to compete, and do dent on the fringe, barely passing and all the work on top of it,” Hedeen said. content with a career working at his fam“[By volunteering with mock trial], I get ily’s garage. Hedeen convinced the teen to watch the American dream in its most to give mock trial a chance. Throughout stark condition. I can’t quantify what the season, Hedeen watched the student that means to me.”D transform, and by the end of the year, they couldn’t get him to stop talking Interested in Volunteering? about mock trial. Contact Carolyn Gravit at cgravit@cobar.org or In January, 7News honored Hedeen (303)824-5323 for more information. with their Everyday Hero for his participation as mock trial attorney coach. The award goes to Coloradans making a difference in their community.
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How to Market Other Practice Areas within Your Firm by Tre y R y de r
“C
ross-selling” is the sellingbased marketing term for your efforts to persuade clients to buy added services from different practice areas within your firm. But the problem is, most lawyers don’t like to sell—and most clients don’t like to be the target of a sales pitch. Think back to the last time you tried to talk with a client about another practice area. Your client immediately thinks, “Here comes the sales pitch,” and looks for a way to avoid the discussion. You think, “I don’t want to turn off the client, but I’m feeling pressure to increase the services he buys from our firm.” I suggest you use the term “crossmarketing.” This takes the element of sales out of the process, leaving you with the opportunity to market with dignity. If you’re like most lawyers, your clients have told you that they hired a lawyer at another firm because they did not realize your firm could provide the same service. Here’s how to make sure clients, prospects, and referral sources know the range of services you offer: Step One: Create a marketing message for each practice area you want to promote. Write titles for your educational materials that attract specific types of clients. Appeal to both your client’s fear of loss and desire for gain. Make sure your marketing materials convey to prospects and clients that you can solve their problems. (If your prospects and clients are not aware that they have problems, then you need to first educate them about the problem so you can offer a solution.) Your marketing message should consist of the following: • Educational materials that explain your prospect’s problem and the solutions you can provide; • Biographical material that outlines
20 The Docket I February 2012
your education, background and experience, along with your photo; • Articles you’ve written or in which you’ ve been quoted, reinforcing the fact that you are an authority in your field; • Articles that support the depth of your prospect’s problem, proof that your recommended solution works, or both, even if you have no connection to the articles; • Letters of recommendation from clients and colleagues attesting to your knowledge, skill, judgment, and experience. (Testimonials are not allowed in some jurisdictions, so be sure to check your rules of professional conduct.); • A detailed letter that explains the services you offer, answers frequently asked questions, and provides information about fees; • A one-page handout that explains the many benefits clients receive from hiring you; • A one-page handout that explains how you differ from other lawyers (your competitive advantages), listing reasons prospects hire you; • A one-page handout that lists objectives that prospects want to achieve. Involve your prospect by asking him or her to fill out the form, check objectives that are important to him or her, and then fax the form to you or bring it to your initial meeting; and • Information and advice about how to hire a lawyer in your field of law. Step Two: Offer this new packet of
educational materials to clients, prospects and referral sources through your: • Newsletters. Don’t limit your newsletter only to information about one practice area. Offer educational materials from all practice areas in all of your newsletters. This gives readers the opportunity to request information in all areas where they have interests—interests you may not know they have. • Website. Offer educational materials from all practice areas on your website. Include submit forms so prospects and clients can request materials. • News releases. Send news releases to editors at the publications your prospects read. In those news releases, in addition to your news content, offer to mail your educational materials to anyone on request. • Advertising. Offer your educational materials in print ads and commercials. • Seminars. Offer forms at your seminars so attendees can request your educational materials from any or all of your practice groups. If you offer the materials themselves, your prospects and clients could pick up your materials and you might not know
who took what. But when you offer a one-page form on which attendees can request materials, you can take those back to the office and fill their requests by mail or email. Then you know exactly who is interested in what subjects. • Direct mail. Send a letter to your clients and prospects offering materials from all practice groups to everyone on your mailing list. You might enclose the form you used at seminars to request the same materials. • Email. Send an email to all of your clients and prospects offering materials from all practice areas. Step Three: Invite clients to call you any time they have a legal question or problem, even if the subject is not in your primary practice area. When you become your clients’ first point of contact for all legal questions, you have the opportu-
nity to direct the outcome of their calls. Successful cross-marketing hinges on three things: One: Who gets the call first? When you make it clear to clients and prospects that you are happy to serve as their primary contact for all legal questions, you increase your value and you have the opportunity to direct inquiries to other practice areas within your firm. Two: The degree to which your clients know the services your firm offers. By creating educational materials for each practice group—and by offering those materials to your entire client list—you can track who has an interest in which subjects by monitoring the materials they request. Three: Early and ongoing education and interaction with existing clients. The sooner you generate an inquiry from a qualified prospect—or, in this case, one of your firm’s clients—the sooner you
have the opportunity to learn of your client’s interest in this new practice area, provide educational material on the subject, and start identifying your client’s problem and the solutions you can provide. When you market with education, you attract your client’s inquiry early in the process, long before your client approaches another lawyer—and long before your client’s need becomes known to another law firm. This is how to effectively cross-market services with dignity—without selling. D Trey Ryder is a law firm consultant who specializes in education-based marketing for attorneys. He may be reached at trey@treyryder.com. For more information, visit treyryder.com.
Sophisticated country lawyer Clarence Darrow takes the case of John Scopes. The case would change how faith and science are taught. And, He Did It Pro Bono.
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February 2012 I The Docket
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Bar Review
Denver Beer Co. Offers Small-batch Craft Brews Walker, and me. We tried a variety of brews. Most who tried the William Wallace Scotch Ale enjoyed it, while others found it too sweet. The pale ale was a hit—not too hoppy, but with a great body, Snider said. The cider was tart and effervescent From left, Becky Bye, Frank Schuchat, Craig Eley, Natalie Lucas, Tom without a strong apple flaKanan, Sara Crocker, Chris Mommsen, Kate Schuster, Marshall Snider, vor, said Kanan, who added and Dennis Walker. that he would have enjoyed it more in warmer weather. by S ar a C ro cke r He also said the Downtown Cherry Brown was somewhat bitter and hough Denver never seems to lacking in sweetness from the cherry. The be short on its craft brew offerParis Coffee Stout offered a subtle coffee ings, Denver Beer Co. stands out flavor with a smooth, rich flavor that with its philosophy of small batch brews didn’t feel heavy. that rotate regularly and a tap room that The beers rotate regularly, with the rivals the size of many bars—with a large brewery announcing its latest selections patio to boot. on its Twitter feed (@DenverBeerCo) and Founded by two Colgate University Facebook page (facebook.com/Denveralums, Denver Beer opened in August, BeerCompany). nestled between the Highlands and In terms of food, Denver Beer does LoDo at 1695 Platte St. The brewery offers large pretzels, but nothing else. takes a seasonal approach to its brews Some nights, a food truck will be out and tries to source ingredients locally front, which the brewery will announce when possible. via Twitter and Facebook. However, Docket Committee member Becky guests are allowed to bring in outside Bye had an inside line of the brewery, food, which means that if you can get it being a Colgate alum and knowing one to-go, you can enjoy it there with a beer. of the founders. We picked up pizza and salads from “I was ecstatic,” she recalled when nearby Proto’s Pizzeria Napoletana. Our finding out about the brewery. “I could selections included three salads—mixed finally visit an establishment that mixed greens with a house-made balsamic two of my passions—my alma mater and dressing, caprese salad, and Caesar with craft beer.” house-made croutons—as well as a variWhen we visited in December, there ety of the Naples-style pizzas, with thin, were a variety of beers on tap, including crispy crusts and toppings ranging from Hefeweizen, cider, Saison, coffee stout, San Marzano tomatoes and fresh basil to and ales that were pale, brown, and honey tomato chipotle sauce, Polidori Scotch. Certainly, it offered beer drinkers bacon, fresh pineapple, and cilantro. of all stripes a number of options. Not everyone in the group enjoyed Attendees of this Bar Review were the super-thin crust, as some wanted Bye, Craig Eley, Tom Kanan, Natalie more crisp, while others pined for more Lucas, Chris Mommsen, Frank Schuchat, dough, but the salads all went fast, with Kate Schuster, Marshall Snider, Dennis people especially noting the Caesar and
T
22 The Docket I February 2012
Denver Beer Co. Small-batch seasonal brews with beer hall and garden flair. 1695 Platte St., (303) 433-2739
the balsamic on the greens and caprese as standouts. Denver Beer doesn’t feature any happy hour specials (at least, not at press time), so it doesn’t fill up as quickly as some other post-work hot spots. The young crowd generally filters in closer to 7 p.m. However, it should be noted that if it’s snowing, those who drink their pint in the beer garden outside will get $2 off (and pints generally are $5–6). The space is a former garage, still featuring its large roll-up doors, which offer street views through glass panels. Much of the space is populated with beetle-kill pine and salvaged materials. Our “table” was a former city tree planter—wrought iron retrofitted to a high-top. The servers went out of their way to ensure we were comfortable—we were short on plates and napkins, and they were more than happy to share what they had on hand. But, once the crowd picked up that attentiveness waned. With two people waiting on the whole place, service quickly got backed up. Still, Denver Beer was spacious, welcoming, and offered a great variety of beers. The energetic crowd that filled the space on that December weekday showed the brewery is establishing itself among the locals (and their pooches—who also are welcome inside). “The place is conducive to good conversations, and if you are single (like some of my friends who have accompanied me to the bar), it is a great place to scope out fellow singles that share a passion for beer,” Bye said. If you’re interested in craft brews, it’s definitely a place to add to your tour of the city’s offerings. D
BRIEFS Hockey Night for Recent Grads The Young Lawyers Divisions of the Colorado and Denver Bar Associations and the University of Denver Sturm College of Law are sponsoring a reception and hockey game for recent grads (classes of 1997–2011) and all YLD members on Friday, Feb. 10. The reception will be from 6 to 7:30 p.m. in the Hamilton Gymnasium at the Ritchie Center, and the puck drops at 7:37 for the DU Pioneers vs. Minnesota Gophers. Tickets are $30 per person and include a cheesetasting, two drinks, hors d’oeuvres, and group seating at the hockey game. For more information, contact Laura Dean at ldean@law.du.edu or (303) 871-6122.
Support CAN’s Toothbrushes for Tots Drive Sign up your firm to participate in the DBA Community Action Network’s Toothbrushes for Tots Drive, Feb. 6
to 10. The drive benefits Kids in Need of Dentistry. To sign up, email Kate Schuster at kschuster@cobar.org or call (303) 824-5312. Online sign-up also is available at denbar.org.
Be Recognized for Your Firm or I n - house C ounsel G roup ’ s Pro Bono Achievement Each year, the Colorado Supreme Court recognizes law firms and in-house counsel groups that commit to an annual goal of 50 hours of pro bono legal services per attorney, averaged across the firm annually for licensed Colorado attorneys and pro-rated for part-time attorneys, primarily for the indigent or nonprofit organizations that serve the indigent. Firms and groups that achieve this goal in the previous calendar year receive certificates signed by the justices and your firm or group will be listed on the judicial Web page. If your firm or
in-house counsel group met the goal in 2011, or if your firm or group would like to make the annual commitment starting in calendar year 2012, please notify Justice Gregory Hobbs by Feb. 15 at gregory.hobbs@judicial.state.co.us.
Save the Date: Pro Bono Recognition Ceremony Denver area attorneys who have met or committed to reaching the Colorado Supreme Court’s pledge of providing 50 hours of pro bono legal services will be honored on Friday, April 13, at the Colorado History Museum. The event is sponsored by the Colorado Access to Justice Commission, Colorado Bar Association, and the Colorado Supreme Court. More details to come. For more information contact Jill Lafrenz at jlafrenz@cobar.org or (303) 824-5333.
Celebrate with Us!
DBA Member Appreciation Week • June 4–8
DBA members are so special to us that we have set aside the first full week of June to show our appreciation through free programs, giveaways, and networking events. We have prizes for getting involved, and prizes just for being you. Hold on to your party hats—we want every member to get involved this week, so we have lots of fun (and free) things to offer!
Prizes: We have a few different prize categories listed below, and we will do a daily prize to a member drawn at random
from our database. Stories: Each day, different DBA staff member will take the lead and ask members via Facebook and Twitter to step into the spotlight by talking about specific ways they are putting our membership benefits to work for them. Trivia: Each day we will ask members via Facebook and Twitter a different historical legal trivia question. The first DBA member to answer correctly will win a prize! Thanks: Join us in sharing your appreciation of other members or anything/anyone else using #DBAthanks and we will publish it in the July/August issue of The Docket. Get Involved: During Member Appreciation Week, sign up for a DBA Committee, attend a program or event, or submit your story and get entered to win THE grAnD prizE!
Events: We have a fun line-up of events to please every member.
Monday, June 4—Henry Hall Memorial golf Tournament and Silent Auction at Hiwan golf Club in Evergreen. Contact Alexa Drago at (303) 824-5313 or adrago@cobar.org. Tuesday, June 5—DBA Annual Awards party at the Sherman Street Event Center starting at 5:30 p.m. Wednesday, June 6—Annual Document Shredding and Electronics recycling at the DBA. Friday, June 8—Half-day CLE program, CBA president’s Visit, and DBA YLD Member Mixer at the CBA-CLE Offices followed by a rockies game.
Visit www.denbar.org or call (303) 824-5350 for more inforamtion .
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Legal
AFFAIRS GOOD THINGS Gar y M. Jackson received the Colorado Bar Association’s highest honor, the Award of Merit, on Jan. 6. Jackson, Jackson who has been a partner at DiManna & Jackson since 1976, has served as CBA Vice President and on the DBA’s Board of Trustees. He has chaired the Colorado and Denver Bar Minorities in the Profession Committee, which is now known as the Diversity in the Legal Profession Committee. He is a member of the Peer Professional Assistance Group and is a Colorado Bar Foundation Fellow. He also is a founding member and former president of the Sam Cary Bar Association, the Colorado Criminal Defense Bar, and the Sam Cary Scholarship Endowment Fund, which provides scholarships to law students at the University of Colorado and the University of Denver. Kara Veitch, a DBA Young Lawyer of the Year honoree, was recognized as the Colorado Bar Association Young Lawyers Veitch Division’s Gary L. McPherson Outstanding Young Lawyer of the Year on both Dec. 14 and Jan. 6. Veitch is assistant director at Colorado Forum, a member organization that advances public policy issues in Colorado. She is the president of the Colorado Women’s Bar Association, a former president of the Asian Pacific American Bar Association, a member of the Colorado Commission on the Legal Profession, and served on the CBA Executive Committee. Mary Catherine Rabbitt was inducted into the Elder Rights Advocacy Hall of Fame. Rabbitt is the Rabbitt Colorado Legal Assistance
Developer at The Legal Center for People with Disabilities and Older People, where she also works closely with the Colorado Long-Term Care Ombudsman Program. The Hall of Fame was created in 2007 by NALSD to recognize those who have advanced the legal rights of our nation’s over-60 population. The Denver Urban Debate League recently named Ashley D. Powell as a board director. Powell, an associate at the law firm of Brownstein Hyatt Farber Schreck, will help guide the direction of the organization and contribute to its fundraising and development efforts, as well as plan events and volunteer as a judge at local tournaments. Hall & Evans attorneys Leslie Kendrick and Paige Treptow had a wonKendrick and Treptow derful time talking with eight graders at the Adams County Commissions’ Career Expo on Nov. 15. Many students were interested in discussing the legal field as a potential career. Denver attorney Norman R. Mueller was elected to National Association of Criminal Defense Lawyers (NACDL) Board of Directors. A past president of the Colorado Criminal Defense Bar, Mueller has served on NACDL’s Amicus Committee as 10th Circuit vice chair. He also has served on the Amicus Committee of the Colorado Criminal Defense Bar since 2004. In addition, Mueller has also been a presenter on ethics issues at NACDL CLE programs. James B. (Jim) Dean received the first Cooperative Achievement Award from Rocky Mountain Farmers Union Foundation at the Rocky Mountain Farmers Union annual convention. He retired from the practice of law on April
30, 2011. Much of his 45 years of practice was devoted to development and representation of cooperative enterprises in various industries as well as lecturing and writing about, and preparing legislation relating to, cooperative businesses. Rick Kissinger of Kissinger & Fellman P.C. has received the 2011 Distinguished Service Award from the Colorado Motor Kissinger Carriers Association for the multitude of legal issues he has successfully handled for the CMCA over the years. Kissinger has served as general counsel for the CMCA since 2008, and he has been on the Board of Directors since 1997. James Prochnow, a shareholder in the Denver office of Greenberg Traurig, LLP, has been appointed to the NatuProchnow ral Products Foundation (NPF) Board of Directors. Prochnow’s law practice concentrates primarily on regulatory affairs and litigation. CHANGES Gibson Dunn is pleased to announce that Br yan McCutcheon, Tafari Lumumba, and Josh Mitchell have joined the Denver office as associates. Dorsey and Whitney would like to announce some current changes. Gary Polumbus, of counsel, is retiring from practice Polumbus after 44 years serving clients in Denver. Also, Jason Brenkert and Evan Rothstein were elected to partnership. Wheeler Trigg O’Donnell LLP is
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.
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pleased to announce that Bryan Cross, Joel Neckers, K ara Rosenthal, Dave Schaller, and Jessica Scott have been Brenkert named partners. C ro s s fo c u s e s h i s national litigation practice on product liability, construction defect, and complex commercial matRothstein ters. Neckers handles complex civil litigation including the defense of consumer class actions, business and shareholder Cross disputes, medical malpractice and tort cases, and corporate internal investigations and compliance matters. Rosenthal focuses her Neckers legal practice on complex civil litigation in federal and state courts in the areas of product liability and professional liability. S ch a l le r ’s prac t ice Rosenthal focuses on complex civil litigation in state and federal courts nationwide, including in the areas of commercial disputes, franchise litigation, profesSchaller sional malpractice, product liability, personal injury defense, and general tort matters. Scott focuses her practice on product liability, class action defense, legal malpractice, insurance defense, and punitive-damScott ages law. Stefanie L. Sommers has joined O tten Johnson Robinson Neff + Ragonetti PC as an associate. Sommers’ practice focuses on real estate transactions, including acquisitions and dispositions of real property, leasing, project finance and retail, and mixed-use development. Ogletree, Deakins, Nash, Smoak & Stewart, P.C., is pleased to announce the arrival of Elisa Chen, Matthew Cooper
and Heidi Doescher as associates. Chen is experienced in counseling clients on wage and hour and workplace safety issues, Title VII, the Americans with Disabilities Chen Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act. Cooper counsels employers on a variety of employment matters, rangCooper ing from labor grievances to employer responsibilities within international companies. Doescher is a 2010 graduate of the University of Denver Sturm Doescher College of Law. Davis Graham & S tubbs L LP announced the election of Damian Arguello as partner. Arguello’s practice focuses on risk management issues, particularly Arguello insurance coverage, contractual risk transfer, environmental, health, and safety matters. He is a past president of the Colorado Hispanic Bar Association. Woodrow & Sobel, P.C. announces the retirement of Daniel L. Woodrow after 35 years of service to our profession and the community. Wallace Scott, PC is pleased to announce the addition of Gary F. Albrecht as a shareholder of the firm. Albrecht will counsel the firm’s clients in the areas of commercial litigation and dispute resolution. Patton Boggs LLP is pleased to announce the election of Peter S. Gould to the partnership. Gould works closely with federal and state regulatory agencies, the private sector and nongovernmental organizations to assist clients in the areas of administrative law, government investigations, litigation, dispute resolution, and public policy. Poulson, Odell & Peterson, LLC is pleased to announce that Nick A. Swartzendruber has become a member of the firm. Dill Dill Carr Stonbraker & Hutchings, P.C. is pleased to announce
that Craig A. Stoner has joined the firm as a partner in their securities division. Stoner’s practice will continue to focus on general Stoner business, corporate, and securities law matters. BRICKS & MORTAR The Dixon Law Firm, LLC is excited to announce its opening. The office is located at 4610 S. Ulster St., Suite 150, in Denver. The firm’s phone number is (303) 999-0118. The firm will continue to handle litigation for insurance companies and their insureds, including first-and-third party bad faith, insurance coverage, employer liability, product liability, and premises liability. Greenberg Traurig, LLP announced that it will open a new office in Tel Aviv, Israel, in early 2012. The firm’s 34th office will provide legal services to clients who need U.S., E.U., and U.K. counsel, as well as legal services from other international jurisdictions. Barkley Martinez, P.C.’s new Denver office is located at 720 S. Colorado Blvd., Ste. 530S. IN MEMORIAM Former Colorado Trial Lawyers Association President Richard (Mike) Hodges passed away on Dec. 28. He was 65. Hodges Hodges was CTLA president 2003– 04, and chaired its insurance/bad faith committee. He also was a former member of the Colorado Bar Association’s Board of Governors. He is survived by his wife Gay; children Richard, Steve (Carolyn), and Jennifer; and seven grandchildren. Memorial donations may be made in Hodges’ name to The Peninsula Oral School for the Deaf, 3518 Jefferson Ave., Redwood City, CA 94062, or to The DU Memorial Fund, c/o John Sadwith—Executive Director, Colorado Trial Lawyers Association, 303 East 17th Ave., #320, Denver, CO 80203.
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Dates on the
DOCKET DBA EVENTS All DBA meetings are scheduled at 1900 Grant St., Suite 900, Denver, unless otherwise noted. Call Melissa Nicoletti, (303) 824-5321, to schedule committee meetings, so they will appear in this calendar.
Feb. 1
Docket Committee Meeting Noon–1 p.m. Call Kate Schuster, (303) 824-5312.
Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call (303) 295-9470.
Feb. 8
Lawline 9— 4–6:30 p.m.
Feb. 14
Feb. 2
Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.
Feb 3
Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m. Call (720) 944-2594.
Democracy Education Noon–1:30 p.m. Call Carolyn Gravit, (303) 824-5323. DBA Awards Committee Noon–1 p.m. Call Heather Clark, (303) 824-5350.
Feb 7
Denver Access to Justice Committee Meeting Noon–1:30 p.m. Call Meghan Bush, (303) 824-5303.
Feb. 9
DBA Board of Trustees 7:30–9:15 a.m. Call Denise Lynch, (303) 824-5327.
Feb. 21
Community Action Network Noon–1 p.m. Call Kate Schuster, (303) 824-5312.
FOR THE PUBLIC To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at (303) 824-5303.
Feb. 1
Lawline 9 — 4–6:30 p.m.
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Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call (303) 573-1302.
Feb. 15
Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m. Lawline 9— 4–6:30 p.m.
Feb 16
Collections Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m.
Feb. 21
Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 164 11 a.m.–1 p.m. Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call (303) 573-1302.
Family Law Legal Clinic Office of Economic Development 1200 Federal Blvd., Room 1018. 5:30–7 p.m. Call (720) 944-2594.
Feb. 22
Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m. Lawline 9— 4–6:30 p.m.
Feb. 29
Lawline 9— 4–6:30 p.m.
Join a Committee! If you are interested in joining a DBA committee, call (303) 860-1115 with questions. For a full list of DBA committees, visit denbar.org.
Write for
The Docket DBA members are encouraged to send story ideas, photos, tips, and fun articles for the Docket Committee’s consideration. Our goal is to have a newsletter that is an outlet for prose by Denver attorneys, featuring stories about members and about matters of interest to our members. We want to include both the sincere and the satirical! Send member announcements, ideas, or content t o E d i t o r S a ra C ro c k e r a t scrocker@cobar.org.
Toothbrushes for Tots February 6-10
The Community Action Network (CAN) of the Denver Bar Association is sponsoring the Annual Toothbrush Drive to benefit Kids In Need of Dentistry (KIND).
CAN is looking for the following items: Child-sized toothbrushes Toothpaste (sugar-free with fluoride)
Waxed dental floss Cash donations also are accepted. Please make your check payable to KIND.
For more information or to register your firm, please visit www.denbar.org. Sign up and we will send you a poster to place on your box or barrel to receive donations. IKON has donated its time and will be picking up collected donations the week of February 13. KIND will give donated items to children of families who cannot afford such necessities. As the country’s oldest dental charity, founded in 1912, KIND helps meet the needs of under served children. For more information about KIND, please visit www.KINDsmiles.org. Questions? Contact Kate Schuster at kschuster@cobar.org. February 2012 I The Docket
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Picture
THIS
DBA Seniors Committee Celebrates the Holidays Approximately 50 members of the DBA Seniors Committee attended the holiday party on Dec. 12. They enjoyed a holiday meal and got caught up on each other’s activities. Seniors Committee Chair Don McMichael was the emcee for the event, and DBA President Ilene Bloom and her daughter Harper stopped by to share their wished for a happy holiday. Bruce Evans, Seniors Committee Chair Don McMichael, and Thomas Grimshaw take a moment for a photo op.
Neil Quigley, Howard Erickson, and Sue Fox chat at the party.
Nick Muller and Lester Woodward share a laugh with the 2011 Seniors Committee Roastee, Larry DeMuth (center).
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DBA Happenings CAN Hosts Happy Hour for the Holidays The DBA’s Community Action Network hosted a happy hour event at Katie Mullen’s Irish Pub on Dec. 6 for those interested in learning more about the committee. CAN provides an opportunity for members to reach beyond the legal community to the Denver community at large and provide valuable legal, educational, social, and civic assistance to those in need.
CAN Committee members Robin Perkins, Kasi Schuelke, and Evan Lee pose at Katie Mullen’s. Arax Corn talks about ways members can be involved in the CAN Committee, whose activities work to address issues in education and homelessness.
Networking and Holiday Cheer at the CBA Solo-Small Firm Holiday Party Approximately 100 Solo and Small Firm Section members gathered in the CBA-CLE large classroom on Dec. 12 for their annual holiday party. The group enjoyed lunch and plenty of socializing before a lucky few received door prizes, such as an iPad and gift cards.
Brian Pushchak and Tamara Pester chat at the Solo and Small Firm Holiday Party. February 2012 I The Docket
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Samuel GoRdon, eSq.
elaine a.WoHlneR, e Sq.
Hon. RicHaRd d. TuRelli
Hon. JameS S. milleR
Hon. JoHn P. leoPold
SHeldon e. FRiedman, eSq.
Hon. TeRRi S. diem
Hon. HaRlan R. Bockman
Jams denver welcomes John e. hayes esQ. to its Panel John Hayes, an AV Preeminent rated attorney for 25 consecutive years until his retirement from the active practice of law, specialized in the representation of governmental entities. While representing municipalities, special districts and other governmental entities John handled all the varied kinds of litigation in which a business would find itself involved. In addition, John regularly handled those types of issues more common or unique to government. In the process John established a recognized expertise in local government law. It is this wide range of experience gained through 37 years as a member of the bar as well as his enthusiasm for this next stage of his career that John brings to his dispute resolution practice.
410 17th street, #1600 denver, co 80202 local: 303.534.1254 tollfree: 1.866.534.1254 32 The Docket I February 2012
The resoluTion experTsÂŽ