2014 February

A Denver Bar Association Publication I Vol. 36 Issue 2 I February 2014

How to: Be a

Happier, Healthier Lawyer Wellness within the Legal Community

Since 1984

2 The Docket I February 2014

Vol. 36 Issue 2 I February 2014 The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

FEATURES 4

From the President

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A Better You: Becoming a Mindful Lawyer

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Love Yourself, Love Your Organs: The Best Heart-Healthy Foods

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Take Control of Your Health With the DBA Fitness Challenge

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Increase Your Resiliency: Bouncing Back from Tough Times

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An Interview with Justice Hood

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Matching Lawyers’ Business Development Efforts to Personality Traits

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Quarterly Ethics Column

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Wellness Brief

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Law Student Chronicles: Doing Time as a 1L

IN EVERY ISSUE 27

Briefs

30

Legal Affairs

32

Dates on the Docket

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Picture This

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

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

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Viorst, Dennis P. Walker, Mariya Yakovlevna Cassin, Peter Mullison.

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

24 CHAIR: Ryan T. Jardine G R A P H I C D E S I G N E R : K a te S c h u s te r, kschuster@cobar.org ADVERTISING: Alexa Drago, adrago@cobar.org (303) 860-1115 • dbadocket.org Copyright 2014. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

February 2014 I The Docket 3

From the President Inside Look at the Office of Attorney Regulation: Q & A with Dan McCune and Jim Coyle readers a little bit about the risk management functions of your office?

Our office has a long-term relationship with Colorado lawyers. We start in the law schools, where we meet with law students beginning the first week of orientation. We also present several programs throughout their law school career.

We administer the Professionalism School, where we explain/ present to bar admittees the issues they may face as new lawyers.

We help identify trends, emerging risks, current risks, and potential risks in the practice of law, and try to provide tools that may be helpful to the lawyer in addressing those risks.

Does the OARC monitor changes in the focus of an attorney’s practice? If so, how do you do that and why?

Coyle Dear Fellow Bar Members, I am here today with Jim Coyle, Regulation Counsel for the Colorado Supreme Court, to gain a better understanding about what the Office of Attorney Regulation (OARC) does, and to debunk some of the myths and concerns about the grievance process.

Welcome, Jim. Can you give us a brief summary of the responsibilities of the OARC? Thank you, Dan. The OARC regulates the practice of law in Colorado. We handle administration of the bar exam, and all components of the admissions process.

We handle on-motion applications, and the annual registration process for all Colorado attorneys. We handle mandatory continuing legal and judicial education requirements, as well as attorney discipline and diversion, for violations of professional conduct.

We regulate unauthorized practice of law by non-lawyers. We assist the client protection program in the administration of its duties for payments to clients. We also oversee the conduct of attorney inventory counsel functions when an attorney dies or retires.

Before we get into the grievance process, can you tell our 4 The Docket I February 2014

Every attorney registers on an annual basis, and at that time they declare what type of practice they have. When attorneys transfer from public service to a small practice, we identify them as potential risks. When they do a change of address form or their annual registration notifying us of that change, we give them a self-audit check list and a list of things that they should do before they open their new practice for business.

Similarly, when lawyers move from a large firm to a small or solo practice, we identify the risks involved in that transfer, and encourage them to learn more about issues such as trust accounts.

Can you give us a brief overview of the grievance process?

Beginning with a complaint against a lawyer, what are the steps the OARC takes from the receipt of a complaint to resolution?

There are approximately 4,000 requests for investigations every year against Colorado attorneys or out-of-state attorneys who practice law in Colorado. (We also have jurisdiction for the latter.) In the initial stages, all a client—or any party who has a grievance against a lawyer—has to do is pick up the phone and call us.

There are two intake clerks who record the complaint information and assign the matters to intake lawyers, who then interview the complaining witness.

In some instances, the attorney may never know that he or she has been grieved. In circumstances where we need more information, we may call the attorney. Or if it appears to be something that may lead to a full investigation, we will ask the complaining witness to document the matter in writing for our review.

We then give the attorney written notice and an opportunity to respond. We try to complete the intake process as quickly as possible and definitely within three weeks, so as to decide whether a full investigation is in order.

Of those 4,000 requests for investigations, typically only 500 need to be processed for full investigation. Then it goes over to the trial division, where we have other lawyers and non-lawyer investigators who work with the cases. They conduct interviews, collect documents, and make conclusions as to whether or not there was a violation of the rules. They file a report within six to eight months, after which the matter can be either dismissed by me or approved for an alternative discipline with conditions and be set for formal proceedings.

For a matter to go to formal proceedings, we need authority from the Attorney Regulation Committee (The Committee). The Committee votes on reasonable cause to believe that the lawyer actually did engage in the misconduct.

Who are the members of the Committee and how does the Committee function?

The Committee comprises six lawyers and three non-lawyers, who meet monthly. If the Committee decides to make it a formal complaint, the OARC files the matter for formal disciplinary proceedings. Last year, we filed forty-seven complaints in matters, and seven disability petitions.

You said there are about 4,000 requests/complaints a year and about 500 of those may go to formal investigation. So are the rest of them dismissed on intake? What about diversions?

Yes, dismissed, or an alternative to discipline. Of the matters that are sent for formal investigation, we have approximately fifteen to twenty contested hearings every year.

A diversion can take place during intake, investigation, trial, or even after a formal hearing if the hearing board concludes that a diversion agreement would be most appropriate.

What would a typical diversion or diversion agreement entail?

Remember that we have a long-term relationship with all Colorado lawyers—we want them to succeed. We also have to protect the public. That’s our primary purpose. If we could protect the public and also help the lawyer, it’s a win-win situation for everybody.

So, a diversion agreement is a matter that does not involve serious misconduct that would result in greater discipline. It does not involve dishonesty or other articulated acts in our guidelines.

Diversion agreements usually involve conditions in monitoring that require a practice audit by experienced counsel. It could require a mental health exam and monitoring, or regular counseling to make sure that the lawyer is doing everything he or she needs to do to become rehabilitated.

Are there any red flags or common errors that lawyers commit which result in discipline?

The matters that result in discipline are the ones in which we have a concern about future clients, meaning that either the lawyer needs to improve his or her practice or discontinue engag-

ing in certain practices to avoid potentially causing greater harm to prospective clients.

As far as your common variety neglect goes, we all make mistakes. We all could do a better job in analyzing a particular claim or in doing a further investigation, and it’s only when there’s a pattern of misconduct and it continues to affect the lawyer’s practice that discipline is needed. Prior to that, the goal is to rehabilitate the lawyers, to get them back on track.

What can a lawyer, who is facing a complaint by a client to OARC, do to mitigate the risk that that grievance will develop into a full investigation or proceed to a hearing?

I always encourage any lawyer in that position to buy at least an hour’s worth of time from a competent, experienced ethics counsel and to get an idea of the seriousness or the gravity of the complaint. This allows the lawyer to get a good night’s sleep.

They will better understand their exposure, and the likelihood of discipline, and they will be able to continue to go on with their lives during the entire regulatory process. But it also helps them identify where there are weaknesses. Because, again, if our primary function is protection of the public—those future clients—we want to identify those weaknesses as soon as possible and make sure that there is no continuing injury to either that client or any other client.

If there is an identified issue of failing to meet deadlines, then they should institute a proper calendaring system, and other checks on their practice to ensure meeting deadlines. That goes a long way in the regulatory process.

Similarly, if they have mental health or substance abuse problems, and they start to do what they need to do to address them, that demonstrates an attempt to address the problem. And that is a good sign that the lawyer has a desire to improve and will improve in the future.

Is there anything else that you would like to tell our readers about OARC? The goal of OARC is to protect the public. And we’re lucky in that we’re a self-regulating profession. To continue to be selfregulating, we have to do a really good job. If we can do that, and rehabilitate the lawyer, and prevent the misconduct in the beginning, then we are all better served.

Thank you Jim. D

Daniel R. McCune President, Denver Bar Association Email: dbapres@denbar.org Twitter: @DBApresident February 2014 I The Docket 5

A Better You: Becoming a

Mindful Lawyer “One of the many benefits of meditation is that you begin to be able to see trouble coming up from inside you before it reaches the surface. This doesn't mean you never get overly angry or say a careless word, but it does lessen the chances of those things happening. Anger, depression, resentment—all those things form in your thoughts first, of course, and the practice of meditation helps you see them while they’re still tropical storms, before they reach hurricane stage.”

—Roland Merullo, Lunch with Buddha

6 The Docket I February 2014

B y S teph anie We st A llen

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he practice of law can be stormy, sometimes reaching hurricane stage. Such violent weather does not serve the lawyer, whether acting in the professional role of advisor or advocate, and it certainly does not serve the clients. How can lawyers calm the weather without sacrificing professional competence? One answer to that question not only eases gales but also can give the lawyer additional tools and increased competence in the practice of law. And, it reduces the toll the strain of a storm can take on health and contentment.

What is it? Mindfulness.

Mindfulness, which can be a result of meditation, has many benefits in addition to weathering the storms of feelings and thoughts. A recent article in The Canadian Journal of Psychiatry1 listed four components of mindfulness: attention regulation, body awareness, emotional regulation, and change in perspective on the self. Although each of those components is neutral in itself, when used wisely and toward positive and wholesome purposes together, they can provide great assistance to lawyers. For example, mindfulness can reduce stress, enhance problem-solving, and improve client service. Not sure how mindful you are? You might begin a self-assessment by taking a look at the questions on the Mindful Attention Awareness Scale (MAAS). The MAAS is available many places on the Internet and can be found with a quick search. Below are a couple of the questions from its set of 15: • I could be experiencing some emotion and not be conscious of it until some time later • I tend not to notice feelings of physical tension or discomfort until they really grab my attention • I find myself preoccupied with the future or the past • I snack without being aware that I’m eating

The more mindless one is, the more he or she will find that these are apt selfdescriptions.

There are several other ways of looking at mindfulness that may be helpful.

Consider it to be an attention skill. How well can you attend to, pay attention to, what is happening inside you (those feelings and thoughts mentioned above) as well as what is happening around you—in this moment right now? Or still another way of seeing mindfulness comes from Harvard’s Dr. Ellen Langer.

Her deceptively simple way of describing mindfulness is: The process of noticing new things.

Ways of examining and conceptualizing mindfulness are plentiful, but for purposes of helping you assess yourself, here is one more: Mindfulness is the ability to observe yourself, to watch yourself thinking, acting, and reacting.

Can you step back and see yourself as if watching another person’s mind, brain, and behavior? Are you able to watch yourself taking one perspective—and then take another? Are you able to have patience with not immediately knowing an answer, and remain with poise in the uncertainty until a good answer or solution becomes apparent, or is reached?

Or do you feel uncomfortable with the unknown and jump to a quick and perhaps inadequate conclusion because of the discomfort? Are you self-authoring or are you always searching for that expert or book or technique to rely on for solutions to problems? As with all of these lenses through which you can look at mindfulness, this one too affects not only your peace of mind, but also the way you interact with opposing counsel (and others in the legal system) and help your clients.

Let’s say you want to increase your mindfulness. Not everyone is drawn to the formal practice of meditation, of course. For those who are not, there are many other methods for developing or expanding mindfulness. The options are numerous and seem to grow daily, e.g., contemplative photography, focused journaling, yoga, in-the-moment walk-

ing or running, writing about your day in third-person. At one Colorado Contemplative Lawyers Society meeting, a lawyer explained that his mindfulness practice is riding his motorcycle; and a lack of mindfulness on the bike may give the rider some quick and hard-to-ignore feedback! Mindfulness practices are not Procrustean or one-size-fits-all. Mindfulness definitely is not developed only by sitting on a meditation cushion as some people may imagine. Knowing what practice or process works best for you will help you to stick with it. Start with these three steps. First, have an idea of why you want to incorporate mindfulness in your life; keeping that purpose in mind will guide you past procrastination or the times when you would much rather be doing something else. Second, choose a definition of mindfulness that seems most compelling to you—one you can use as a touchstone. And then, through experimentation, choose your practice.

The studies about the effects of mindfulness are plentiful; it is a popular focus of research. For those who want to stay current, Mindfulness Research Monthly is a valuable (and free) resource. Subscribe at www.mindfulexperience.org/newsletter. php. Reading this research about mindfulness each month is another way to motivate yourself to stick with the practice you have chosen. You don’t have to take the benefits on faith; science continues to prove its value. Mindfulness is not always easy, but it typically returns your efforts many times over. For the sake of your health, your personal satisfaction, and professional success, why not give it a try? D Stephanie West Allen, non-practicing lawyer, is a long-time mediator who speaks, writes, and trains on the topics of the neuroscience of conflict resolution and the benefits of mindfulness and attention. She blogs on those topics and others related to lawyers at idealawg.net and brainsonpurpose.com.

1 Changes in Mindfulness Following Repetitive Transcranial Magnetic Stimulation for Mood Disorders, 58 (12) Can J. of Psychiatry 687-691 (2013).

February 2014 I The Docket 7

Love Yourself, Love Your Organs:

The Best Heart-Healthy Foods B y Court ne y G ib b

Y

ou are what you eat.

No, that isn’t a throwback to a schoolyard insult. The food you consume directly affects how you feel. If you eat greasy fast food before going for a jog, the odds are against you.

This type of nutrition information isn’t rocket science, and yet, many have a hard time making the connection between what we eat and how we feel.

Luckily, there is an immense amount of research dedicated to this topic. So while we go about our busy days juggling meetings and arguing cases, we can still benefit from this knowledge—therefore making healthier choices and feeling better overall.

“The food-mood connection is real and can have a dramatic impact on your quality of life,” said Dan Labriola in “Food, mood and you.”

Of course, eating nutritious food affects far more than just your mood and mental state, it also greatly impacts your physical health. There are certain foods that are known to be healthy allaround, while others have been proven to be particularly helpful when it comes to targeting certain parts of your body.

Common examples include eating carrots to improve your eyesight and drinking milk to build strong bones.

The American Heart Association asserts that “a healthy diet is one of your best weapons for fighting cardiovascular disease.” In honor of American Heart Month, and in the spirit of the “month of love,” we decided to take a look at the foods that are proven to strengthen and protect your heart. The following are all healthy foods in general, and they also possess specific components that work to keep your heart in tip-top shape—so you will have decades more in which to

8 The Docket I February 2014

make up for that one year you forgot to buy flowers!

The Best Heart-Healthy Foods:

Oatmeal: Oats are full of omega-3

fatty acids, folate and potassium. Health.com reports that oats can help keep arteries clean and lower levels of LDL (bad cholesterol) by way of high-fiber content. In fact, steel-cut oats have even more soluble fiber than instant varieties, which reduces the absorption of cholesterol into your bloodstream.

Salmon: Also packed with high levels of omega-3 fatty acids, salmon can reduce your blood pressure and help prevent future blood clotting. This is true for several other types of fish as well, including Mackerel, Albacore Tuna and Halibut. The American Heart Association recommends eating at least two servings of fish a week.

Avocado: Avocados are loaded with healthy fat (monounsaturated), which increases the amount of good (HDL) cholesterol in your body while reducing the bad (LDL). This is vital because The American Heart Association says that “high cholesterol is one of the major controllable risk factors for coronary heart disease, heart attack and stroke.”

Olive oil: Similar to the heart-healthy benefits found in avocados, olive oil lowers yo ur bad cholesterol while still maintaining the good, and reduces your risk of developing heart disease. As far as oils go, olive oil is one of the low-

est in saturated and trans fats. Even so, it should be used in moderation.

Berries: Chock-full of anti-inflammatories, berries help to reduce your risk of heart disease and cancer. They are high in antioxidants, polyphenols, vitamins, minerals and fiber. In a recent study cited on Health.com, it was found that adding a few berries a day to your diet can reduce the risk of a heart attack. These “super fruits” include blueberries, strawberries, blackberries, raspberries and acai berries.

Vegetables: An important part of a healthy diet, vegetables are high in necessary vitamins and minerals.

A recent Physicians’ Health Study examined the nutrition and lifestyle of more than 15,000 men without heart disease for a period of 12 years. Those who ate at least two-and-a-half servings of vegetables each day cut their risk of heart disease by about 25%. Each additional serving reduced the risk by another 17%.

Overall, a heart-healthy diet is considered one that is rich in veggies, fruit, low-fat dairy, fiber-rich whole grains, and lean meats, including fish. Whether your goal is to run a marathon, lose weight, or just be more mindful, this is a tried-andtrue nutrition outline that should be the basis of all that follows in getting “fit to practice!” D Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket. She can be reached at cgibb@ cobar.org.

Just Juice It: Get More out of Your Fruits & Veggies Apples and carrots and spinach—oh my! We are living in a constant state of “juice-ful” bliss. The number of delicious recipes available to us continues to increase along with a steady stream of emerging studies on the multitude of nutritional benefits.* The idea of juicing is consummate for our on-the-go, more-is-more culture. Why eat just a strawberry when you can mix it with blueberries and mangos for a powerful antioxidant punch? There is no question as to why this dietary trend has escalated to extreme levels, as society strives to become healthier in less time.

With such a mouth-watering variety of juicing recipes out there, it can be overwhelming to choose just one! Have you ever tried searching “juice recipes” on Pinterest? I wouldn’t recommend it, unless you are bedridden with days to kill. Instead, we narrowed it down to three tasty juices for you. The following recipes offer healthy juices derived from nutritious fruits and vegetables for different palates and preferences—perfect for a boost on the way to the courthouse!

Good-For-You Green Juice From Joy the Baker

1 cucumber, sliced 1 apple, cored and sliced 2 heaping cups kale leaves, stems removed 3 stalks celery, greens and all, cut into chunks juice of 1 lemon 1 inch fresh ginger, unpeeled is fine Press all of the produce through a juicer or blender.

Enjoy immediately.

Berry Supreme Antioxidant Juice From Health.com

1 C fresh blueberries (or frozen, thawed) 1 C (about 5) fresh strawberries, halved (or frozen, thawed) 2 C peeled and coarsely chopped mango (from a 1-pound mango) 1/4 C water Blend all ingredients together for a tasty sweet drink.

Beet-it-Toxins Detox Juice From Whole Living

1 small beet, chopped 5 carrots, chopped 1 apple, cored and chopped 1/4 C fresh mint sprigs Press beet, carrots, apple, and mint sprigs through a juice extractor. Stir and serve immediately. *We aren’t talking about the same type of juice fast prevalent in Lindsey Lohan’s circle. We recommend juicing as a healthy breakfast alternative, or as a nutritious snack. Using juicing for an entire meal replacement plan can deprive you of other important nutrients your body needs. If you do choose to do that, you should take supplements and consult a doctor.

February 2014 I The Docket 9

Take Control of Your Health With the DBA Fitness Challenge

By Lucia Padilla

W

hat is fitness? To me, fitness encompasses the mind, body and spirit. These three elements can work with and against one another. If you achieve a balanced level of physical fitness, you will in turn positively affect your mental and emotional health. Similarly, you will likely experience a regression in your mental and emotional health if you allow yourself to become physically unfit. John Ratey, a psychiatrist at Harvard Medical School and author of the book “Spark: The Revolutionary New Science of Exercise and the Brain” states: “Exercise is the single best thing you can do for your brain in terms of mood, memory, and learning.”

I believe most attorneys have a “control gene.” That is, most of us like to have control over our cases, the deals that we’re handling, the research project

“

I assure you that all of the things that are seemingly preventing you from taking care of yourself will actually benefit from your focusing on your own health and fitness. For example, if you feel better about yourself, you’ll be able to concentrate more at work, have more energy to devote to family and friends and will be a healthier and happier person overall.

Given all of these benefits, why not start now? Consider participating in the DBA Fitness Challenge. Since becoming the president of the DBA, Dan McCune has focused on improving health and fitness within our profession. He has established several programs to help members promote fitness, including free yoga, spinning CLE’s, nutrition classes and the DBA Health Fair. As part of these efforts, we have also created a Fitness Challenge for members to come together and train and complete one or more of the following activities: • Sean May Memorial Run (Date: May 17, Distance: 5k and 9 mile).

• Colfax Marathon, 1/2 Marathon and Relay with DBA YLD and The Legal Center (Date: May 18).

• Courage Classic Bike Ride with the Wheels of Justice team (Date: July 19-21, Distance: 119-155 miles).

• Climb a 14er.

• Walk an average of 10,000 steps per day, five days per week.

• Engage in a minimum of three hours of physical activity per week.

Studies have shown that having a

Unlike a lot of other things in your life, you have the unique ability to affect and control your overall fitness.”

we’re tackling and really most aspects of our life—it’s part of our DNA! Your health is one of the most significant factors that determines the quality of your life. Unlike a lot of other things in your life, you have the unique ability to affect and control your overall fitness.

What are some of the benefits of exercise? It has been shown, by the Mayo Clinic and many others, that a person who regularly exercises has an improved mood, increased confidence and selfesteem, more energy, is better able to focus on tasks, has healthier sleep patterns and is better able to control his or her weight and fight off illnesses and diseases. It is easy to convince yourself that you don’t have time to exercise; however,

10 The Docket I February 2014

goal to work toward and others to train with are great motivational tools for people to improve their fitness. It is also important to find an activity that is enjoyable for you. Not everyone wants to train for a marathon or a 100-mile bike race, which is why our Fitness Challenge is designed to offer something for everyone. We will hold group training sessions, which will allow you to train with and meet others who share your interests and are similarly committed to improving their fitness. It’s not about how far or fast you go, it’s simply about keeping your mind, body and spirit active and fit. Please visit our website fittopracticedba.org and sign-up for the DBA Fitness Challenge. D Lucia Padilla Co-Chairs the Wellness Committee and sits on the Denver Bar Association Board of Trustees. Lucia Padilla is the Assistant General Counsel for Denver Health Hospital.

Sign up for the Fit to Practice listserv and find out about organized and impromptu meet ups for a run, bike ride, game of basketball or other activity. To sign up visit bit.ly/DBAf2p.

February 2014 I The Docket 11

Increase Your

Resiliency: Bouncing Back From Tough Times

B y S ar ah M y e rs, L AC , LMF T

E

ver wonder why some people overcome difficult times relatively unscathed? How do they bounce back without lasting psychological or emotional scars? The ability to recover from the traumatic periods of life in a healthy, beneficial way is called resiliency.

In the field of medicine, resilience is the capability of the body to recover its size and shape after being stretched or compressed. In the field of psychology, the concept of resilience is an individual’s ability to cope with stress and adversity. Resilience in evolutionary and ecological terms is the capacity of an ecosystem to respond to a disturbance by resisting damage and recovering quickly.

Common to all of these are the concepts of “bouncing back” and having “staying power,” like the old adage “what doesn’t kill you makes you stronger.” As we experience stress, much like the environment, we have a compromised system.

Over time this compromise can devastate our inner environment, or immune system and psyche.

Viktor Frankl, a neurologist, psychiatrist, and Holocaust survivor, wrote: “When we are no longer able to change a situation, we are challenged to change ourselves.” Individuals who psychologi-

12 The Docket I February 2014

cally make it through difficult situations in one piece have the ability to dig deep within themselves for the resources to cope and even thrive. Most of us “missed the memo” on what these resources are or how to find them. Instead, we developed coping strategies such as addictions to negative thoughts or emotions, and behaviors such as abusing alcohol or drugs. Rather than using these “negative” addictions to help them cope, individuals who exhibit resiliency have developed and practice “positive” addictions.

There are many definitions for addictions, most of them relating to compulsive behavior that continues despite negative or adverse consequences. These types of definitions are narrow, limiting the concept of addiction to those “bad” behaviors we have all heard about: overindulgence in drugs and alcohol, compulsive and destructive use of the Internet or watching pornography, shopping, gambling, sex, etc. Many scientists, doctors, and therapists in fields such as neuroscience, education, mental health, and psychoneuroimmunology believe that we should expand our definition of addiction. A broader definition of addiction given by neuroscientist Dr. Joe Dispenza is “something we cannot stop.”

Take a moment and think about the last time you got upset. Did you shout at

people or go on a ballistic mental tirade criticizing other people? Did you go into “poor me” victim mentality in which you blamed others for your emotional state?

Whatever your response was, were you able to stop it? Were you able to breathe and consider the situation from different perspectives? Were you able to consciously decide how you would respond to the situation, or did it feel like you were a cork in the ocean unable to control the feelings, emotions, and thoughts that resulted?

It has been obvious for centuries that we can become addicted to exogenous substances such as drugs and alcohol. But what many people don’t know is that we can also become addicted to endogenous substances such as neurotransmitters and other chemicals released with our thoughts that create our emotional states. If we experience stress, anger, despair, and anxiety on a daily basis (and all of the thoughts associated with those emotional states), the cells of our body literally become addicted to them. Just like exogenous addictions, the cells of the body will crave the chemicals they are used to receiving. So, even if there is nothing going on around you to “make” you angry, if you are addicted to the chemicals associated with anger, you will FIND something to get angry about.

In other words, you will make something

up to get angry. Your thoughts will turn angry so you can satisfy the craving of the cells of your body. You will perceive the people around you as idiots or incompetent or threats so you can get angry at them. You have made yourself the judge and jury of other people’s choices, personalities, and behaviors just so you can feel a certain emotional state because you are addicted to it.

If we are essentially “addiction machines,” what can we do? One possibility is to consciously decide to expand our cognitive and emotional “repertoire.”

When you find yourself reacting to situations the same way you always have, step back. Take a breath, and choose a different thought or an alternative way to respond. Realize that ultimately we have the choice to feel any emotion at any

{

8. Engaging in relaxation techniques such as mindful breathing 9. Becoming a kind and compassionate person 10. Developing relationships with nonjudgmental, supportive friends 11. Slowing down and being fully present (not distracted) when you are speaking with other people Life can be challenging at times. It is a roller coaster for everyone, constantly changing with ups and downs. The roller coaster can be exhilarating and exciting or it can be terrifying and nauseating. It all depends on your perspective. Developing positive addictions will help you recover faster from the terrifying and nauseating moments, and it will help you explore and enjoy the exciting moments with much more appreciation.

How do we develop positive addictions? Practice them. Daily.

time. Start consciously deciding how you want to feel. Simply put, begin to develop positive addictions.

If negative addictions are thoughts, emotions, and behaviors that continue despite negative consequences, then positive addictions would be thoughts, emotions, and behaviors that continue to perpetuate positive consequences. Some examples of positive addictions include: 1. Consciously having thoughts of appreciation throughout the day 2. Giving people the benefit of the doubt, rather than being critical of them 3. Practicing mindful awareness throughout the day by noticing your thoughts, emotions, and surroundings 4. Questioning thoughts that cause negative emotional states (why are you thinking something that is making you suffer?)

5. Focusing on solutions rather than problems (avoid “analysis paralysis”) 6. Doing movement exercises: walking, hiking, dancing, swimming, etc.

7. Practicing a routine of healthy eating

}

thinking those negative thoughts again, the chemicals that are released won’t feel good but they will feel familiar. It’s really about trying to control how we feel when the rest of life seems out of our control and we don’t know how to respond to the situation before us in a positive and mature way.

The only constant in life is change.

We cannot control change, but we can control how we handle it. If we use negative or destructive thoughts or behaviors to try to cope with change, we are developing a fictional sense of control because all negative addictions end up controlling us. Positive addictions, on the other hand, allow us to be resilient in tough times so we feel empowered—rather than victimized—by our lives.

Try it now: Choose one or two new positive addictions you would like to develop. Practice them for at least a month and see for yourself how your resiliency increases! D Sarah Myers is the clinical director for the Colorado Lawyer Assistance Program.

How do we develop positive addictions? Practice them. Daily. It’s not about trying to undo the negative addictions. Instead, focus exclusively on the new thoughts, the new emotions, and the new behaviors.

Changing behaviors can take a long time, especially after years of practicing the old patterns. But creatThe Colorado Lawyer Assistance Program (COLAP) is ing a new thought? a confidential, independent program established by A new emotion? This the Colorado Supreme Court pursuant to Rule 254. can take place instanCOLAP’s mission is to assist judges, lawyers, and law taneously, and with students suffering from physical or mental disabilities or other impairments that affect their ability to practice become a be productive members of the legal community. COpart of who you are LAP provides educational programs (including ethics within just a few CLEs); assessment and referrals; information about weeks. obtaining mentors and sponsors; assistance with W hen sudden, interventions; formal and informal monitoring prounexpected situagrams; and aftercare assistance and referrals. tions arise, we will fall For more information or for confidental assistance, back on our old, negaplease contact Barbara Ezyk, Executive Director, tive coping strategies at 303.986.3345 (land line); 303.906.2940 (cell); if we have not prac855.986.2126 (toll free). Visit our website at www. ticed and developed coloradolap.org. new, positive addictions. If we star t

Colorado Lawyer Assistance Program

February 2014 I The Docket 13

From left: Justice Monica M. Márquez, Justice Brian D. Boatright, Justice Gregory J. Hobbs Jr., Chief Justice Nancy E. Rice, Justice Nathan B. Coats, Justice Allison H. Eid, Justice William W. Hood, III. Photo courtesy of Bryan Lopez, Colorado Judicial Branch.

An Interview With Justice Hood

Sage Insight from Colorado’s Newest Supreme Court Justice B y Beck y B y e

A

famous quote, often attributed to Alexander G ra h a m B e l l , summarizes Justice Hood’s path to becoming a justice with the highest court in Colorado: “When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us.” Luckily, for Justice Hood and his legal career, he has embraced every open door wholeheartedly.

Recently, I had the privilege to meet with Justice Hood and ask him questions to give insight to our readers—particularly the younger lawyers—as to how his interesting journey and positive attitude ultimately lead to his most recent appointment. Justice William Hood is the newest Colorado Supreme Court justice, appointed by Governor Hickenlooper to start in January 2014. I first came to know Justice Hood as a student in his Trial Practice class at the University of Denver Sturm College of Law in 2004 (at the time, students knew him as “Will”).

He’s served as an adjunct professor at Denver Law for about

14 The Docket I February 2014

ten years, and plans to continue to do so. He enjoys teaching because “it forces you to think about things you do yourself. As a practitioner, I liked having reason to think about the fundamentals and how I should be approaching my own work.”

Character Building When I knew him as a student, he was a passionate prosecutor and Chief Deputy District Attorney for the 18th Judicial District, as well as an approachable, hard-working teacher with a sincere interest in students’ success. Since his time as a prosecutor, Justice Hood also practiced law as a partner at a well-known Denver firm. Most recently, he served on the bench as a Denver District Court judge before his appointment to the Colorado Supreme Court.

Justice Hood’s path to the judiciary was not easy. He first applied to the Denver District Court bench seven times, and was shortlisted six of those times. Despite the repeated disappointments, Justice Hood’s attitude remained positive, as he believes that many outcomes are based on “how the stars happen to align.” Justice Hood kept his spirits up by getting, as he describes, “really cool jobs.” For example, after he first applied for a judgeship, Hood became a Chief Deputy at the DA’s Office.

Later, after more attempts to become a judge, he became a partner at a 17th Street firm.

“I just continued to grow in other ways and had lots of interesting colleagues to help me grow as a lawyer and as a person.

All of that ultimately helped me to get to where I am now,” said Justice Hood. He credits his previous unsuccessful attempts as a judicial candidate to his success in being selected as a Colorado

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Supreme Court Justice.

Given his previous experiences applying for judicial vacancies, Hood was also more relaxed with his Supreme Court candidacy, and he believes that helped make him a stronger applicant.

“One of the things that helped me in applying this time is knowing how unpredictable the entire process can be; I didn’t go into it feeling really stressed out…I was going to see what happens,” he said.

Lessons Learned Based on his own journey, Justice Hood also advises lawyers to follow their passion: “Try to go where you have some passion for something instead of doing something because you think it will look good, or generate income …Unless your heart’s really in it, you’re probably not going to be a big success.”

Ultimately, his piece of advice to all lawyers—particularly young ones—regarding their legal careers and job opportunities is to be authentic throughout your career, “as opposed to trying to project some version of yourself that you think is going to sell better.” The bottom line is to be yourself—“unless you’re a jerk.”

For his new Colorado Supreme Court position, Justice Hood acknowledges that he has much to learn as an appellate justice, so he found some of his own mentors on the bench.

Moreover, Justice Hood acknowledges that his thoughts and legal opinions may make a larger impact on the state and the legal system now. He is typically a big proponent of using fewer words and being as concise as possible in legal writing, which

ultimately brings more clarity. However, for Colorado Supreme Court decisions, Hood believes that one must strike a fine balance between “dissecting things carefully” and communicating well and succinctly.

A large part of this challenge is avoiding the potential for misinterpretation by lawyers and other courts. Another challenge that all judges and justices face is applying the rules of statutory construction “in a way that is objective and not results-oriented.” Still, Justice Hood looks forward to his work as an appellate justice, and as always, looks forward to growing from the additional experiences he will face in his new position.

Given his numerous attempts at receiving the Denver District Court position, Justice Hood and his family were surprised he received the state justice position after his first time as a candidate. Hood explains that when he first found out that he had been selected, “you could have pushed me over with a feather.”

While Hood’s family is very excited for his new endeavors as a justice, he is quick to explain that they also keep him grounded: “If anything, it’s just been fodder for lots of jokes in that I’m still expected to do stuff around the house.” D Becky Bye is a public attorney. She received her J.D. from the University of Denver Sturm College of Law in 2005. Bye is actively involved in the legal community, including serving on the University of Denver Law’s Alumni Council and the DBA Docket Committee.

She is a past chair of the CBA Young Lawyers Division. Bye may be reached at beckybye@gmail.com.

February 2014 I The Docket 15

Matching Lawyers’ Business Development Efforts to Personality Traits B y Jane t E llen R a a s ch

L

awyers are smart people.

Many lawyers have attended presentations on how to develop new business and enhance their practices. As a result, most of them clearly understand the theory behind business development. Most of them sincerely want to increase the quantity and quality of work.

So, why do most lawyers fail to achieve their business development goals?

The two primary obstacles are fear and lack of time. Fear is generated when lawyers are asked to step outside of their comfort zones and engage in new activities. Lack of time causes lawyers to push business development to the back burner, never giving it the chance to mature into habit.

“The best way to overcome these obstacles is to develop a customized marketing plan and tactics that fit a lawyer’s unique personality (thus overcoming fear),” said Craig Brown, “and to develop good business development habits (using a pipeline) that keep these activities front-and-center.”

Brown discussed how to motivate lawyers to engage in business development at an educational meeting of the Rocky Mountain Chapter of the Legal Marketing Association. Brown is a former lawyer and principal consultant with LawVision, as well as founder of the Motivera Group and Modena Seminars.

“Lawyers will be successful when they are comfortable with and get satisfaction from business development, and when they develop the habit of regular engagement in business development activities,” said Brown.

Lawyers Are Not “Designed” to Sell The average lawyer who is asked to sell something differs from the average sales professional in many important ways. In a well-known study, Dr. Larry Richards used the Caliper Profile to discover the personality traits common to

16 The Docket I February 2014

various successful professionals, including lawyers.

Richards uncovered certain personality traits that set lawyers apart from non-lawyers. Lawyers score high on abstract reasoning (82%), which is no surprise.

Richards found that lawyers score high on skepticism (90%), autonomy (89%) and urgency (71%). “The skeptical lawyer will question everything; the autonomous lawyer will resist being managed; and the urgent lawyer will be impatient and want to see immediate results,” said Brown. “None of these qualities is particularly helpful when it comes to business development.”

Richards also found that lawyers score low on sociability (7%) and resilience (30%). “Lawyers with low sociability scores are reluctant to open up their personal lives to others,” said Brown. “They play it close to the vest. The less-resilient lawyer is unable to bounce back easily from criticism or rejection.

These qualities hinder legal efforts at business development.”

to try harder.

“Lawyers as a group differ from other professionals in their personality traits,” said Brown. “Plus, lawyers who are successful rainmakers differ considerably from lawyers who are not. This does not mean that lawyers as a group cannot be effective rainmakers. They need to be aware of their natural tendencies, discover what works for them, and then work harder at it.”

No “One Size Fits All” “Business developers who work in roles that are consistent with their personality, values and interpersonal characteristics are more likely to outperform those who are less well-matched,” said Brown. “It is important to match lawyers with business development activities that fall within their comfort zones.”

To do this, Brown developed a tool called the Lawyer Behavior Profile.

“This tool is a personal GPS for building a lawyer’s practice,” said Brown. “It is objective, designed specifically for

“Richards uncovered certain personality traits that set lawyers apart from non-lawyers. Lawyers score high on abstract reasoning (82%), skepticism (90%), autonomy (89%) and urgency (71%).”

In a related study, Richards focused solely on lawyers—comparing a group of lawyers, all rated as excellent lawyers by their peers, who differed only in their business development skills.

“The biggest differentiators between the rainmakers and less successful lawyers were ‘ego drive’ and ‘resilience,’” said Brown. “Ego drive is the desire to persuade others for the sheer joy of getting someone else to agree with them.”

Resilience is the ability to bounce back from criticism or rejection. When a prospect says ‘no,’ a lawyer with low resilience takes the rejection personally and wants to quit. A lawyer with strong resilience feels challenged and just wants

lawyers and focused on business development traits. Its goal is to help lawyers best deploy their strengths and work around their weaknesses in the business development process.”

The Lawyer Behavior Profile is a deep-dive assessment that Brown’s company administers to its clients.

In addition, Brown shared a shorthand tool devised for quickly understanding and categorizing the personalities of prospects.

This tool charts each person on two characteristics—orientation and speed.

A person’s orientation can be toward tasks or toward people, or somewhere in between. A person’s speed can be

methodical or quick, or somewhere in between. Plotting these elements on two axes generates four quadrants and four distinct personality types.

activities,” said Brown, “use facts, numbers and information. When trying to get an analyzer to do business development, use information to persuade. Research projects and articles that can be shared with clients and potential clients are good activities for analyzers.”

ministers, social workers and arbitrators.

“When trying to persuade a relator to engage in business development activities,” said Brown, “emphasize activities that maximize interaction—events where they can meet people and create relationships. Networking (including social networking) is a good business development activity for relators.”

Analyzers: People who are methodical and task-oriented are “analyzers.”

To analyzers, it is important to “get it right.” They pay attention to details, are systematic and analytical, and are problem solvers. Common career choices for analyzers are scientist, engineer, accountant, ERISA attorney or IP attorney.

“When trying to persuade an analyzer to engage in business development

Relators: People who are methodical and people-oriented are relators. To relators, it is important to “get along.”

They are agreeable, need to be liked, interested in others and often serve as peace-keepers. Common career choices for relators are counselors, teachers,

“The biggest differentiators between the rainmakers and less successful lawyers were ‘ego drive’ and ‘resilience,’” said Brown. “Ego drive is the desire to persuade others for the sheer joy of getting someone else to agree with them.”

Personality Traits Setting Lawyers Apart From Non-lawyers

Directors: People who are quick and task-oriented are directors. To directors, it is important to “get it done.”

They are focused, direct and blunt.

They need to be in control. Common career choices for directors are CEO, drill sergeant, coach and managing partner.

“When trying to persuade a director to engage in business development activities,” said Brown, “emphasize activities where they can be in control.

Board leadership or organizing a seminar (but not necessarily speaking at the seminar) is a good business development activity for a director.”

82% ABSTRACT REASONING 90% SKEPTICISM 89% AUTONOMY Performers: People who are quick and

71% URGENCY 7% SOCIABILITY 30% RESILIENCE 0%

50%

100%

people-oriented are performers. To performers, it is important to “get appreciation.” They are creative individuals who see the “big picture” rather than the details. They enjoy opportunities to socialize and be recognized.

Common career choices for performers are sales person, entertainer, social director, advertising executive and trial lawyer.

February 2014 I The Docket 17

“When trying to persuade a performer to engage in business development activities,” said Brown, “emphasize activities that allow them to be creative in public. Giving speeches and making presentations at a beauty contest are good business development activities for performers.”

Build Habits Using a Pipeline Once you have found the best match between a lawyer’s personality and business development activities, the challenge becomes time. The best way to overcome the obstacle of time is to develop solid habits that become part of a lawyer’s regular routine.

“The best tool to accomplish this goal is the pipeline,” said Brown. “Pipelines provide organization, prompt next steps, track conversations, analyze networks, and help lawyers move from credibility and awareness (lower-level goals) to relationships (higher-level goals). Many lawyers like the analytical approach and structure of a pipeline.”

A pipeline is simply a list of qualified prospects that a lawyer would like to transform into clients—and a system that tracks exactly where a lawyer is in

18 The Docket I February 2014

the process and the next step that needs to be taken. A sales pipeline is a system to organize, motivate and direct a lawyer’s sales activities—in the shortest amount of time.

An important part of the pipeline is the stage of the relationship. There are seven stages: (1) target identified, (2) initial communication made, (3) steps taken to build relationship, (4) meeting held to assess legal needs, (5) steps taken to build trust, (6) agreement to hire and (7) file opened.

Analyze Pipeline Stages “Ideally, to keep a pipeline flowing, a third of these targeted contacts should be in the first few stages, a third in the middle stages and a third in the final stages,” said Brown.

“A lawyer with a lot of targets in the first stages is good at meeting people, but needs to concentrate on transforming awareness into productive relationships,” said Brown. “A lawyer with most targets in the middle stages needs to learn about closing the deal. A lawyer with most targets in the final stages needs to worry about the pipeline running dry once that work is done.

“At stages three and five (building relationships and building trust), pursue activities that include your targets,” said Brown.

If you are giving a presentation or a seminar, for example, ask your target to be a co-presenter.

If you are writing an article, ask your target to be co-author, or send your targets a copy with a nice note. If you are hosting an event, invite your targets to attend.

“Finally, when meeting with a target, a lawyer should try to discover the target’s personality type and modify

his or her approach to better match the client’s personality,” said Brown. “Use a Google search to learn more about the target. Do a LinkedIn exercise to discover common connections.”

“Check out the target’s office space,” said Brown. “Analyzers will be surrounded by stacks of documents and magazines. Relators often will have a lot of pictures of family, friends and colleagues in their offices. The offices of directors will usually be Spartan. Performers will entertain interruptions, like phone calls and text messages, during your meeting. They will prominently display any awards.”

Once you understand a lawyer’s unique personality type, you can decrease their fear of marketing by coming up with a plan and tactics that meet their comfort level. Once they are comfortable with the tactics, you can address a lawyer’s perceived lack of time by devising a pipeline. Spending just 30 to 60 minutes a week on pipeline activities can develop the essential habit of business development. D Janet Ellen Raasch is a writer, ghostwriter, copyeditor for lawyers, law firms and consultants to the legal industry and blogger at Constant Content Blog. She can be reached at (303) 399-5041 or jeraasch@ msn.com.

Quarterly Ethics Column

Client-Drafted Engagement Letters and Outside Counsel Policies: Ethical and Other Dilemmas contracts that control virtually every aspect of the client–lawyer relationship.

Most provisions of outside counsel policies pose no ethical or other dilemmas for outside counsel, and many provisions require lawyers to adopt laudatory practices. But Colorado lawyers should not agree to comply with certain provisions, because the lawyer’s agreement to these terms would violate the Colorado Rules of Professional Conduct (Colo. RPC) or void the lawyer’s malpractice coverage. Lawyers should seek to modify those problematic provisions and should still approach others with caution.

Once apprised of unreasonable terms, institutional clients usually agree to modify them. This article outlines some of the more troublesome provisions. These issues are addressed in more detail in the February 2014 “Professional Conduct and Legal Ethics” article in “The Colorado Lawyer,” page 33.

Corporate Affiliates as Clients

B y S tephen G . M a s cio cchi

I

nstitutional clients—corporations, large nonprofits, universities, and government entities—increasingly attempt to dictate the terms of the engagement through client-drafted engagement letters and outside counsel policies. Though labeled “policies,” “guidelines,” or “manuals,” they impose binding contractual obligations on outside counsel. They range from short manuals that list the client’s general expectations to detailed

Absent a contrary agreement, a lawyer who represents a corporation generally does not thereby represent the corporation’s parents, subsidiaries, or other corporate affiliates. See Colo.

RPC 1.7, cmt. [34]. But outside counsel policies often define the client to include all affiliates. By agreeing to consider all affiliates as clients, a law firm might take on ethical duties to dozens or even hundreds of new clients.

A lawyer who takes on only one discrete matter for a corporate client can avoid this dilemma if the client will agree to modify the outside counsel policy so that only the directly represented corporate entity becomes a client. Otherwise, the lawyer will have to perform a conflict check for all affiliates. If the outside counsel policy does not list the affiliates, the lawyer must obtain a list for conflict screening purposes. If the corporate client merges or is acquired, the lawyer may incidentally take on even more clients.

Outside counsel therefore should request that the corporate client inform counsel of the existence of any new affiliate.

February 2014 I The Docket 19

Broad Definitions of Conflicts of Interest Lawyers’ duties to avoid conflicts of interest are set forth in Colo. RPC 1.7 through 1.12. But outside counsel policies may go beyond the rules and define conflicts much more broadly.

For example, under Colo. RPC 1.7, cmt. [6], “simultaneous representation in unrelated matters of clients whose interests are only economically adverse” does not ordinarily create a conflict of interest. But many outside counsel policies deem it to be a conflict for a firm to represent a competitor, even in unrelated matters. To comply with such provisions, law firms must obtain a list of entities that the potential client considers to be competitors and screen those names.

Other policies require outside counsel to disclose the identities of any competitors counsel represents. But Colo. RPC 1.6(a) prohibits a lawyer from making such a disclosure without the consent of the lawyer’s client. There is no exception in Rule 1.6 that allows a lawyer to disclose a client’s identity to another client. The lawyer would have to obtain the client’s informed consent to do so.

The rules recognize that a lawyer also has a conflict if a representation “will be materially limited by the lawyer’s responsibilities to another client, a former client[,] or a third person[,] or by a personal interest of the lawyer.” Colo. RPC 1.7(a)(2). But this prohibition does not extend to representations involving the mere possibility of future harm to a client. Id. cmt. [8]. Outside counsel policies may attempt to contractually expand this duty to potential conflicts, to the appearance of a conflict, or even to representations adverse to a client’s business interests or corporate values. Outside counsel would be well advised not to blithely accept such amorphous terms but instead to discuss them with the potential client. Again, to the extent these terms purport to require counsel to disclose information relating to the representation of other clients, counsel should remind the client of the prohibition imposed by Rule 1.6(a).

Malpractice policies typically exclude coverage for contractual liabilities or cover them only if liability would have attached absent a contract. If a lawyer became obligated to pay a claim only because the lawyer agreed to indemnify a client, malpractice coverage would be excluded. Malpractice policies also contain clauses that require lawyers to cooperate with the insurer in defending a claim. If an indemnification clause creates an easier-to-prove contract claim, coverage might not be available due to lack of cooperation. Also, malpractice policies usually prohibit lawyers from impairing the insurer’s right of subrogation. If outside counsel agrees to hold harmless the client or others, then counsel may impair the insurer’s subrogation rights by agreeing that those parties will not be responsible for their share of any liability.

Lawyers should therefore check with their malpractice insurer before agreeing to any indemnification clause. If the clause could or would void malpractice coverage, they should insist that the clause be removed or modified.

“Most Favored Nations” Clauses Almost all outside counsel policies contain billing and expense procedures and limitations, and most of these raise no ethics issues. But some contain a “most favored nations” clause that requires counsel to confirm that the billing rates and other terms counsel charges the institutional client are at least as favorable as those that counsel charges any other paying client.

Advance Waivers On the positive side of the conflict equation, some outside counsel policies grant prospective consent to conflicts of interest in specific types of future matters, typically transactional or low-stakes litigation matters. They provide welcome flexibility to outside counsel and save in-house counsel the time and effort needed to address multiple conflict waiver requests. Under the Colorado Rules, consents to specific future conflicts are generally enforceable. See Colo. RPC 1.7, cmt. [22].

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Indemnification Some outside counsel agreements require counsel to “indemnify and hold harmless” the client, its employees, and agents from claims, damages, liabilities, and losses based on, or arising out of, outside counsel’s performance or lack of performance under the agreement. The danger of this type of clause is that any indemnified loss or cost would not be covered by outside counsel’s malpractice insurance coverage.

20 The Docket I February 2014

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The problem is that private practice lawyers offer clients a host of fee arrangements—hourly rates, flat fees, contingency fees, blended fees (e.g., a reduced hourly rate plus a “success fee”), and so on. Comparing the economic benefits of such arrangements with the terms offered to a particular institutional client is impracticable. The same can be said for expenses. Lawyers should either reject most favored nations clauses or propose alternative language to account for the varied fee and expense arrangements they offer their clients.

One-Lawyer Rule Many policies provide that the corporate client will pay for only one lawyer’s time to participate in specified activities.

These provisions raise potential ethical dilemmas concerning competence and truthfulness. Under Colo. RPC 1.1, Colorado lawyers must “provide competent representation to a client.” If one lawyer is insufficient to handle a task or event like a settlement conference, hearing, or trial, outside counsel should seek the cli-

ent’s consent to have additional lawyers assist with the event.

If the client still forbids this, then the firm, having agreed to this contractual provision, would have no choice but to staff the matter adequately yet bill for only one lawyer’s participation. The firm plainly cannot have the second or third lawyers prepare false or vague time entries so that the firm is compensated for its participation, because this would involve serious breaches of Rules 4.1 and 8.4(c).

Ethical Rules and Standards Finally, some outside counsel policies select the law or ethics rules of another state to govern the matter. They also may impose an uninsurable standard of care, such as the “highest standard” of care practiced by lawyers in a particular community. Colorado lawyers should insist the agreement be modified so that the Colorado Rules apply to Coloradobased matters and that they are subject to an insurable standard of care.

Outside counsel policies have

become common features of private practice, but they can raise ethical and other dilemmas for outside counsel. Colorado lawyers ignore these provisions at their peril. Lawyers should scrutinize these polices and discuss troublesome aspects with their prospective client, their malpractice insurer, or an ethics expert. D Stephen G. Masciocchi is a partner in the Denver office of Holland & Hart LLP and a member of the CBA Ethics Committee. He can be reached at smasciocchi@ hollandhart.com.

Ethics Hotline

The hotline is available to you as a member of the Colorado Bar Association. Members of the CBA Ethics Committee are available for brief discussion of immediate ethical dilemmas or questions. Call the CBA at (303) 8601115 and request the Ethics Hotline.

Kutak Rock LLP is pleased to welcome to our Partnership:

Matthias M. Edrich

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(303) 297-2400 www.KutakRock.com

Jolyn J. Moses

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Gil B. Rosenthal

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Atlanta • Chicago • Denver • Fayetteville • Irvine • Kansas City • Little Rock • Los Angeles Minneapolis • Oklahoma City • Omaha • Philadelphia • Richmond • Scottsdale • Washington, D.C. • Wichita February 2014 I The Docket 21

Wellness Brief

Do Certain Dietary Habits Promote Cancer and Cancer Cell Growth?

Could Dairy, Meat and Processed Foods Promote Cancer Cell Growth?

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

If you research scientific literature on commonly eaten foods, you may find some habit-changing infor mat ion. For ex ample , s ome of them are said to suppor t the proliferation of cancer and chronic diseases.

The general notion that diet may influence carcinogenesis is not new nor particularly out of mainstream biomedical thought. Even in 1997, the role that various dietary factors play in the process of carcinogenesis was reviewed by the American Institute for Cancer Research and the World Cancer Research Fund.

Based on this extensive review, a series of dietar y recommendations for the prevention of cancer was developed. These recommendations sug gested that a plant-based diet that minimizes consumption of dairy, red meat and processed meat, and emphasized consumption of a variety of vegetables, fruits and whole-grain cereals, would decrease the risk of a variety of cancers and promote good health.

Res ults from var ious studies have provided evidence that animal p ro d uc t i n t a ke , i nc l ud i n g d a i r y, increases the risk of cancer. Last year, I received a certificate in Whole Food, Plant-Based Nutrition from Cornell University. Dr. T. Colin Campbell, a leading cancer researcher, was one of my esteemed professors. He detailed the connection between nutrition and heart disease, diabetes, and cancer.

Dr. Campbell found that cancer cell progression can be “promoted” by specific types of protein sources such as milk, protein, casein—and “turned off ” by exchanging milk protein with a vegetable source protein.

Further reinforcement for this is evident across the globe, as discovered in “ T he China Study ” by T. Colin Campbell. In countries such as China, Japan and Africa—where historically there is little or no dairy consumed and they ingest a whole food, plantbased diet—cancers, chronic disease and osteoporosis rates are low.

Potential Anti-Carcinogenic Properties of a Whole Food, Plant-Based Diet The American Institute for Cancer Research and World Cancer Research Fund report found that increasing consumption of vegetables and fruits

from approximately 250 to 400 g per day may be associated with a 23% decreased risk of cancer.

W hen we are u p a gainst the par ticular life-or-death quer y regarding the way to cease cancer in our bodies, we may be much more prepared to consider radical dietary modifications and create a healthy whole food, plant-based diet strategy that minimizes the chances of having chronic diseases and cancer. Changing habits earlier helps us avoid forming health issues in the first place. D Find Lorraine online at attainyourvision.com, or on Twitter: @ L o r r a i n e D A v e r s a , o r Yo u T u b e : bitly/11leRDF. Email her at: lorraine@ attainyourVision.com.

Common Food Myths — Busted!

Myth: We need to drink a lot of milk to make our bones strong: 1000 to 1500 mgs of calcium per day.

Why It Is Busted: On average, we actually only need 150 to 200 mgs of calcium a day.

Although it’s commonly thought that we need much more, studies have proven otherwise. For example, in a study by Dr. Campbell, the five highest dairy-consuming countries (Finland, Sweden, U.S., U.K. and Israel) were found to have the five highest rates of hip fracture—a sign of osteoporosis.

Whole Food, Plant-Strong Recipe of the Month: Dairy Free Spinach/Artichoke Dip Offered by Andie Shore, Breckenridge Ski and Ride School Children’s Manager, January’s Whole Food, Plant-Strong Recipe winning recipe winner !

Ingredients:

• 10 oz. frozen spinach, thawed and drained • 14 oz. can artichoke hearts, rinsed and drained

• 1 roasted red bell pepper, peeled and chopped • 1/2 ripe avocado • 1 garlic clove, minced

• 2 T basil • 2 T lemon juice • 1/2 t salt • 1/2 t onion powder

• 2 T nutritional yeast • 1 t honey

Directions:

Drain spinach and artichoke well. Put all ingredients in food processor. Once mixed well, remove from the processor and place in a sealable bowl.

Refrigerate for 30–60 minutes before serving and enjoy.

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

22 The Docket I February 2014

2014 Colorado Legal Directory

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

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

n Colorado Executive and Legislative Offices listings, with staff contacts

n Law Firms & Corporate legal departments contacts

n Federal and Municipal Courts information

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February 2014 I The Docket 23

Law Student Chronicles: Doing Time as a 1L

by D e anna A lfred Editor’s note: We asked four 1L law students—two from Colorado Law and two from Denver Law—to submit articles for our new column, “Law Student Chronicles,” twice per year for five years. We will follow them through their educational journey, as well as join them as they venture out into the legal field.

The overused adage says “time flies when you’re having fun!” Well, that sounds lovely, but what does time do when you’re terrified, inspired, exhilarated, and challenged by your peers and superiors on a daily basis? In my opinion, it’s then that time seems to travel at the speed of light.

I began law school as a 21-year-old Southern Californian fresh out of the cozy confines of college, convinced that taking a year off was not for me. I was on the fast track to success and no way did I want to pull over and refuel for gas.

I read every book and article published in the English language about law school and how to prevail in what was often described as a wasteland of casebooks, peers who laugh maniacally at your failure, and ridiculously high rates of alcoholism and depression. I don’t know about you, but that sounds like the party

24 The Docket I February 2014

of the millennium to me!

Orientation started as most law school orientations do: a lot of talking, a lot of listening, a lot of not-so-subtle references to the almost reverent importance of networking, and how it would be the bane of our existence but the breath of life that would give our currently non-existent legal careers some kind of meaning. No pressure, right? No, of course not.

As the smell of stress, sweat and slight fear began to waft throughout the Wittemeyer courtroom all 180 1Ls were held in, regret began to invade my psyche and attack every confident thought I had about law school. I was an English major who was fabled back home for having a way with words, sitting in between an accountant who had worked for one of the Big 5 accounting firms for a decade and a mother of two who had vast experience as a paralegal in an extremely successful firm.

Needless to say, I

felt very much out of my element as I listened intently to their discussions about cases we hadn’t even been assigned yet, nodding my head fervently as if I had a clue what an International Shoe even was.

I have made it a personal goal to never compare the notorious movie “Legally Blonde” to anything that happens in the real world (where people don’t get a 179 after studying for a week in their sorority house), but it was at the end of orientation when I felt as though I may have made an extremely expensive mistake and wondered if, like the always perky Elle Woods, I had come here for the right reasons and whether I could handle everything that was about to be heavily dished out to me. I felt the negativity of the anti-law school naysayers who had warned me of the soul-sucking dark rabbit hole I was about to willingly walk into on the first day of classes. It was when I was wandering the halls, however, in search of my locker when I happened across an enrollment sheet with our mailbox numbers attached.

My name was second to the top. I’m not going to say this was my ‘come-to-Jesusmoment’ that signified a sign (mainly because my last name starts with an A; I’m supposed to be at the top); but at that moment, I knew that regardless of the work, the fear, and the people who already knew about personal jurisdiction—I, Deanna Alfred, was supposed to

As the smell of stress, sweat and slight fear began to waft throughout the Wittemeyer courtroom all 180 1L’s were held in, regret began to invade my psyche and attack every confident thought I had about law school. ” be here. This was my choice and I alone made the decision to rise above it. Only time, not fear nor intimidation, could tell what was to follow.

Five months later, I’m finished with my first semester at CU Law and just beginning my second. That awkward day at orientation turned into a brighter tomorrow, which turned into weeks of realizing that no matter how I tried to fight it, coffee was vital to survival. It led to trying to find casebooks that didn’t cost

more than my rent; discovering that having a positive attitude can actually make reading 25-page cases a lot more interesting; realizing being cold called is a little less cold each time it happens; and finding humility in the fact that although I was a skilled English major in college, I am by no means God’s gift to legal writing in law school. Also, I am now a valid expert in finding the lunch meetings that will be serving Jimmy Johns or Noodles, and have recognized that people here don’t

actually laugh maniacally at the failure of others, but will volunteer to serve as your co-counsel instead. Time has moved at the speed of light. Although there have been some harrowing moments (with more to follow, I’m sure); there have been comical, inspirational, and epiphanic ones too.

The naysayers who believe law school is an “expensive mistake” will undoubtedly always be around to fabricate this conception, but similar to my good friend Judge Scalia, I respectfully dissent. D Deanna Alfred is a 1L at the University of Colorado Law School. Alfred is a recent graduate of Loyola Marymount University in Los Angeles, where she grew up, with a degree in English, emphasis in creative writing.

Financial Assistance for Colorado lawyers

The DBA Waterman Fund

provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimun of ten years.” www.cobar.org/watermanfund.htm Denver Bar Association Waterman Fund 1900 Grant St., Ste. 900 Denver, Colorado 80203 Phone: (303) 824-5319 • Fax: (303) 861-5274

February 2014 I The Docket 25

Talk Derby to 26th Annual Barristers Benefit Ball

Me

Saturday, May 3 I Marriott City Center

Patron Table for 10 guests* $3,250 I Patron Ticket* $275 Individual Ticket $165 I Judicial Ticket $120 Young Lawyer and Non-Lawyer Ticket $100 I Student Ticket $60 *Includes preferential seating and recognition in the dinner program.

For more information, call Dana Collier Smith at 303-824-5318.

RSVP online at denbar.org.

26 The Docket I February 2014

BRIEFS Movie Night Cle “Intolerable Cruelty”—Thursday, Feb. 13 Join the DBA Young Lawyers Division for a fun and informative movie night at the DBA CLE offices, 1900 Grant St., third floor starting at 5:30 p.m. with wine, beer, pizza and networking. In this installment of movie night, James Garts will lead a basic discussion of the purposes and enforceability of marital agreements (aka prenuptial agreements) and the changes in the law scheduled to take effect July 2014 prior to viewing “Intolerable Cruelty.”

One general CLE has been applied for. Registration is $5 for members, free for students, and $20 for nonmembers.

RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.

Barristers After Hours— Thursday, Feb. 20 Everyone is welcome to join the DBA and CBA Young Lawyers Division and the Litigation Section for Barristers Afterhours at the Wynkoop Brewing Company, 1634 18th St., from 5:30 to 7 p.m. Free drinks and appetizers will be provided. RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.

Support CAN’s Toothbrushes For Tots Drive—Feb. 24–28 Sign up your firm to participate in the DBA Community Action Network’s Toothbrushes for Tots Drive, Feb. 24 to 28. The drive benefits Kids in Need of Dentistry. To sign up, email Kate Schuster at kschuster@cobar.org, call (303) 824-5312, or visit DBACAN.org.

Dba Yld Coffee Talk: Mediation Basics: Learn to Be Effective in Mediation—Thursday, Feb. 27 Learn how to choose the best mediator for your client and their situation, as well as how to prepare for mediation and focus on the fix instead of the fight. Presenter Teddi Ann Barry is a Family Law attorney and mediator. Barry’s practice is focused on resolution and finding ways to keep her clients out of court. Listen in

as she tells you her secrets to successful mediation.

One general CLE credit applied for.

The program time is 7:30–8:30 a.m Cost to attend is $5 for DBA members and $20 for nonmembers. RSVP to lunches@ cobar.org or call (303) 860-1115, ext.

727.

Colorado Supreme Court Would Like to Recognize Your Commitment to Pro Bono

Notify the Court by Feb. 15

The Colorado Supreme Court takes great pride in recognizing and listing on its website and in The Colorado Lawyer those firms, government, and in-house counsel groups that have committed to the Colorado Rule of Professional Conduct 6.1(a) goal of annually performing 50 hours of pro bono legal services per Colorado licensed attorney, primarily for persons of limited means and/or organizations that serve persons of limited means.

In addition, the court recognizes firms and groups that have achieved the Rule 6.1 pro bono legal services goal during the previous calendar year by formally presenting them certificates of achievement during a special annual ceremony. The 50-hour goal per Coloradolicensed attorney is averaged across the firm and prorated for part-time attorneys, a substantial majority of which (35 hours or more per attorney on the average) is for persons of limited means and/or organizations that ser ve persons of limited means.

The balance of the 50 hours per attorney on

the average may include other types of pro bono legal services mentioned in Rule 6.1.

The certificates will be signed by each member of the court. If your firm or group achieved the pro bono goal in 2013, please notify Justice Gregory Hobbs, Jr., c/o Law Clerk Allison Altaras at allison. altaras@judicial.state.co.us or 720-6255440, by Feb. 15. Please include the name of your pro bono coordinator and his or her contact information, including phone number, email address, and mailing address.

If your firm or group has not already joined the Colorado Supreme Court’s pro bono commitment list, please join by notifying Justice Hobbs of your commitment today. All firms and groups on the Colorado Supreme Court’s pro bono commitment list will be invited to a gathering at the new Ralph L. Carr Judicial Center in April to recognize their commitment and be present the certificates of achievement to those firms and groups that achieved the goal in 2013.

February 2014 I The Docket 27

The Colorado Bar Association

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28 The Docket I February 2014

The Green Book,

Selected Colorado Materials on Wills, Estates, Trusts, and Taxes Managing Editor: David K. Johns

NEW– Two-Volume Edition for 2013!

The Green Book is a joint project of the Colorado Bar Association Trust & Estate Section and Includes statutory updates through the 2013 Colorado legislative session. The 2013 Select Legislative Summary has been updated to identify many of the new or amended statutes.

This 2013 Edition of The Green Book contains updates to: n THE COLORADO REVISED STATUTES n THE COLORADO PROBATE CODE n THE TRIAL COURT RESOURCES

TRUST AND ESTATE

2013 Edition

MANUAL – PROBATE SECTION

n COLORADO REAL ESTATE TITLE STANDARDS n JUDICIAL DEPARTMENT FORMS

The companion CD-Rom features all of the materials found in the book as well as all of the Judicial Department Forms and instructions in Word, WordPerfect, and PDF formats.

Statutory changes in this edition include updates in these areas: n THE SO-CALLED “DEAD MAN’S” STATUTE n NEW UNIFORM PREMARITAL AND MARITAL

AGREEMENTS ACT

n PERSONAL REPRESENTATIVE’S STANDING

TO PARTICIPATE IN A WILL CONTEST

n REVOCABLE TRUSTS n CIVIL UNIONS

Three Convenient Ways to Order:

n THE ADDITION OF SECTIONS OF THE CRIMINAL CODE

ONLINE AT: www.cobar.org/cle/pubs.cfm

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CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 STOP BY: Our office and save on shipping!

February 2014 I The Docket 29

Legal

AFFAIRS GOOD THINGS Michael H. Berger was honored with the Colorado Bar Association’s highest honor, the Award of Merit, at the Colorado Berger Bar Foundation’s Annual Bar Fellows Dinner. Berger was recently appointed to serve as a judge for the Colorado Court of Appeals.

Jackson Kelly PLLC attorney Robert D. Bob”Comer has been elected to serve on the Board of Trustees of the American Exploration & Mining Association. The appointment is effective December 2013.

Comer has a le gal and scientific background focused on achieving busiComer ness solutions to regulatory, compliance, permitting and operating challenges in the mining, oil, gas, energy and other natural resource industries.

CHANGES Mark Grueskin has joined Recht Kornfeld as a shareholder.

Lewis, Bess, Williams & Weese, P.C. is pleased to announce that Babak Fadaiepour has joined the firm as an associate.

Babak is joining the transactional practice. He will be specializing in corporate, mergers and acquisitions and oil and gas.

B erenbaum Weinshienk PC is pleased to announce that Jennifer Stachniak has joined the firm as shareholder.

Stanchniak Stachniak is an experienced patent and trademark attorney and has represented domestic and international clients in all aspects of patent and trademark prosecution in the U.S and worldwide.

Davis Graham & Stubbs LLP has elected Radcliffe Dann IV, Lamont Larsen, and Kristi Walton as partners.

Dann and Larsen have practiced as associates in the firm’s Natural Resources Department. Walton is a member of the Trial Department.

Semple, Farrington & Everall, P.C. is pleased to announce that Matt Ratterman has become a partner in the firm. Ratterman’s practice focuses on education law, employment law, and civil litigation.

Denver law firm, Moye W hite LLP, announced the appointment of four new partners, Bethany Johnson, Chris Leach, Johnson Stephanie Loughner and

Dean Richardson.

Johnson’s practice focuses primarily on commercial real estate, real property, telecommuniLeach cations and oil and gas matters.

Leach is a business litigator whose expertise ranges from contract, construction, financial and real Loughner estate disputes to securities fraud, white collar crime and insurance coverage.

Loughner’s practice focuses on real estate, employment and corporate Richardson matters.

Richardson is a trial lawyer who has represented clients in commercial, trade secret, real estate and franchise disputes.

Lewis, Bess, Williams & Weese P.C. is pleased to announce that it has promoted Ericka Houck Englert and Anish P. Michael to the position of director and shareholder.

Englert practices general business,

commercial, real estate, and oil and gas litigation.

Michael is a business and transactional lawyer with experience in corporate, real estate, and energy and natural resources law.

BRICK & MORTAR Boyle/Apelman PC (Terence P. Boyle and Mark Apelman) announce the relocation of their office to: 303 E. 17th Ave., Suite 800, Denver, CO 80203.

The email addresses, telephone number and fax number remain the same.

B a c h u s & S c h a n k e r, L L C announced that it is merging with Elwyn Schaefer & Associates, PC, to expand its employment law practice.

Stinson Leonard Street LLP has officially launched, completing the merger of Stinson Morrison Hecker and Leonard, Street and Deinard.

Julie Waggener and Rick Foster of Waggener & Foster LLP welcome their new partners: Denise D. Hoffman, S. Kato Crews and Nicole R. Nies, and also welcome Emily Teel Gregory as an associate. Victor Quinn remains as of counsel to the firm. Waggener & Foster will henceforth do business as Hoffman Crews Nies Waggener & Foster LLP with offices in Cherry Creek and the Denver Tech Center. The firm will continue to offer services to its clients in the general areas of real estate, estate planning, tax, nonprofit law, corporate and commercial transactions, civil and commercial litigation and employment law.

IN MEMORIAM Elizabeth “Liz” Catherine Giordano, 46, of Denver, passed away surrounded by family on Dec. 28. Liz was born Nov. 1, 1967 in Chicago, IL to Edward S. and Graciela (Botello) Eberhard. Liz married her best friend, Toby

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.

30 The Docket I February 2014

Giordano in 1995.

Liz received her JD from the University of Colorado Law School. Her professional experiences included positions at the Adams County Attorney’s Office, the First Judicial Court of the State of Colorado, Coors Brewing Company, the Hispanic National Bar, and the Colorado Bar Association CLE. Liz was a member of the CBA, the Colorado Women’s Bar Association, the Colorado Hispanic Bar Association, the Hispanic National Bar Association and the American Corporate Counsel Association. She was instrumental in the development and success of the Spanish Language Lawyering Committee.

Liz found her true ‘vocation’ when she began her own law practice focusing on immigration matters for religious workers.

She is survived by and will be deeply missed by her husband, Toby Giordano,

and their “miracle baby,” Grace Katherine Giordano; her mother, Graciela Eberhard; brother, Ralph Eberhard; sisters, Geriann (Don) Ferreri, Gail (Tim) Powers; Gwen (Andrew) Pomper and Stephanie (Brett) Barcel; 26 nieces and nephews and numerous aunts, uncles, cousins and friends. Liz was preceded in death by her father and her beloved abulita, Juanita Botello, as well as her other grandparents.

In lieu of flowers the family has asked that contributions be made in Liz’s name to St. Catherine of Siena School, c/o Lori O’Connor, 4200 Federal Blvd., Denver CO 80211.

Denver Sturm College of Law. However, it is not directly affiliated with Denver Law, beyond the fact that Denver Law is one of thirty schools that works with IAALS’ Educating Tomorrow’s Lawyers initiatives.

ARTICLE CORRECTION In the January issue of “The Docket,” we printed the article “Educating Tomorrow’s Lawyers: Encouraging Innovation in Legal Curriculum.” The article stated that IAALS is based at the University of

Troubled by Rude and Unprofessional Attorneys?

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

Teresa Wilkins (303) 791-9545 John Baker (720) 272-7261 Dave Furgason (303) 861-8013 Marion McBain (303) 635-2246 Sponsored by

the DBA Peer Professionalism Assistance Committee February 2014 I The Docket 31

Dates on the

Feb. 5

Docket Committee Noon–1 p.m.

Call Courtney Gibb (303) 824-5336

DOCKET

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

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

Feb. 4

Awards Committee Noon-1 p.m.

Call Heather Clark, (303) 824-5350 Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, (303) 824-5323

Feb. 7, 8

Denver Regional Mock Trial Tournament 9 a.m.-7 p.m.

Call Carolyn Gravit to volunteer, (303) 824-5323 DBA YLD Council 6–7:30 p.m.

Call Heather Clark, (303) 824-5350

Feb. 13

Call Leah Achen, (303) 824-5327.

Feb. 18

Community Action Network Noon.–1 p.m.

Call Kate Schuster, (303) 824-5312.

Feb. 20

CBA YLD and Litigation Section Barristers After Hours Wynkoop Brewery 1634 18th St. 5:30–7 p.m.

Call Heather Clark, (303) 824-5350.

DBA Board of Trustees 7:30–9 a.m.

Fit to Practice is a membership task force developed

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

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

Feb. 5

Lawline 9 500 east speer blvd 4–5:30 p.m.

Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m.

Call (303) 295-9470.

32 The Docket I February 2014

Fit to Practice programs.

To register for any of the events call, (303) 8601115, Ext. 727.

The time for all spin classes is 7–8 a.m. Spin is located at The Gym Uptown, 1900 Grant St. Cost is $5.

The time for all yoga classes is from 7–8 a.m. at the DBA offices.

Feb. 11

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

Colorado Lawyers for Colorado Veterans Free Legal Clinic Tivoli Student Union, Auraria Campus 900 Auaria Parkway Noon–2 p.m.

Feb. 12

Lawline 9 500 east speer blvd 4–5:30 p.m.

Feb. 6

Feb. 20

Feb. 7

Feb. 21

Feb. 13

Feb. 27

Feb. 14

Feb. 28

Spin Class Friday Yoga @ the Bar* Spin Class Friday Yoga @ the Bar*

Spin Class Friday Yoga @ the Bar* Spin Class Friday Yoga @ the Bar*

* The instructor will be there beginning at 6:45 a.m. for those who want to begin earlier.

Feb. 18

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

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

Call (303) 573-1302.

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

Call (720) 944-2594.

Feb. 19

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

Lawline 9 500 east speer blvd 4–5:30 p.m.

Feb. 20

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

Feb. 26

Lawline 9 500 east speer blvd 4–5:30 p.m.

Picture

THIS

Shannon Stevenson Recognized with the 2013 Davis Award The 2013 Davis Award was presented to Shannon Stevenson on Monday, Jan. 13 at the Brown Palace Hotel. Recognizing her contributions to the community and her professional success, the event in Stevenson’s honor included a cocktail hour, dinner, a video on the history of the Davis Award, and the award presentation. Chris Richardson, managing partner of Davis Graham & Stubbs LLP, spoke of Stevenson’s incredible legal achievements and personal integrity. Dan McCune, current DBA President, then gave the award to Stevenson.

Stevenson, 38, is a partner in the Trial group of Davis Graham & Stubbs LLP. She leads the Appellate Group, and serves on the firm’s Executive Committee. She is an experienced litigator, arbitration and appellate attorney, with specific expertise within the energy, natural resources and construction sectors. Stevenson is the current President of the Colorado Women’s Bar Association, where she focuses on the issue of women in leadership in the legal profession.

The Davis Award is presented annually to a Denver lawyer who is 40 years old or younger, and demonstrates a combined excellence as a lawyer with creative civic, cultural, educational and charitable leadership in the community. This lawyer “...best exemplifies the character and promise of Richard Marden Davis at that point in his career.” The award is presented by Davis’ family, the law firm Davis Graham & Stubbs LLP and the Denver Bar Foundation.

Shannon Stevenson and her family.

Shannon Stevenson and DBA President Dan McCune.

2012 Davis Award recipient Franz Hardy and Shannon Stevenson.

Michael Carrigan, David Powell, and Dale Harris.

February 2014 I The Docket 33

Picture

THIS

Colorado Bar Foundation Fellows Dinner The 2014 Colorado Bar Foundation Fellows Dinner was held on Friday, Jan. 10 at the Hyatt Regency Convention Center in downtown Denver. Following a lively cocktail hour, the guests were seated for dinner. The award presentations began as the eating wound down, honoring Michael Berger and Benjamin Currier.

Michael Berger was given the CBA Award of Merit – the association’s greatest honor, signifying outstanding service to the association, the legal profession, the administration of justice and the community as a whole. Berger was recently appointed to serve as a judge for the Colorado Court of Appeals.

Benjamin Currier was named the Colorado Bar Association Gary L. McPherson Outstanding Young Lawyer of the Year. Currently the youngest partner and shareholder at his law firm, Miller & Steiert, P.C., Currier litigates criminal, family law, and general civil disputes.

The Colorado Bar Foundation, a 501(c)(3), is the grant-making arm of the CBA. Bar Fellows are selected from nominees recommended by their colleagues, based on several factors such as prominence in the legal community and contributions to advancing justice.

1 2

3 1. Emma Garrison, James Garts, Benjamin Currier, Suzanne Currier. 2. Jon Bernhardt, Nancy Cohen, Michael Berger, Kathy Berger, and Susan Bernhardt. 3. Willis Carpenter, Jim Benjamin, and Stacy Carpenter. 4. Benjamin Currier and Michael Berger.

34 The Docket I February 2014

4

DBA Happenings Third Annual Strikes for Tykes The Community Action Network committee of the Denver Bar Association hosted the Third Annual Strikes for Tykes family bowling event on Nov. 16, 2013 benefitting the Children’s Outreach Project. COP is a non-profit, therapeutic preschool and child care center serving north Denver and the surrounding communities. The vision of COP is “to provide young children of all abilities with excellent early childhood education and care that is affordable for families.” This year’s event sold out with close to 100 participants at Elitch Lanes in Denver and included door prizes and a raffle with 15 fantastic prizes. The CAN committee was thrilled to donate $6,643.16 to COP!

Left: Participants pose for the camera.

Evan Brown and Kasi Schuelke, event chairs.

2014 DBA Health Fair The first DBA Health Fair was held on Thursday, Jan. 9 at the DBA/CBA offices from 7 a.m. to 1 p.m. Hosted by the DBA Fit to Practice Task Force, it offered a variety of health services to members, family, staff and nonmembers. The Visiting Nurses Association, a nonprofit health care agency, provided comprehensive biometric screening (such as cholesterol, lipid profiles and blood pressure) as well as flu shots. National Jewish Health was also there to provide a Spirometry Function Test.

More than 50 attendees had the opportunity to visit booths including an acupuncturist, wellness coach, chiropractor and masseuse, as well as representatives from the Colorado Athletic Club, Kindness Yoga and Snikiddy Snacks. Guests were given complimentary healthy snacks, such as Kind bars, hummus, vegetables, fruit and coconut water. The bustling event was an energetic kick-off for the DBA Fitness Challenge, supporting the Sean May Memorial Run, Colfax Relay Marathon team, and Wheels of Justice Courage Classic. Visit denbar.org to learn more about the fitness challenge.

Right: Heather Clark, Troy Rackham, Barbara Ezyk, Dan McCune, Lorraine D’Aversa, and Lucia Padilla.

February 2014 I The Docket 35

NATIONAL EXPERTISE, LOCAL EXPERTS. Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

John E. Hayes, Esq.

Hon. James S. Miller

Hon. John P. Leopold

Randall C. Mustain-Wood, Esq. Hon. William F. Downes

410 17 TH STREET, #1600 • DENVER, CO 80202 LOCAL: 303.534.1254 • TOLLFREE: 1.866.534.1254 www.jamsadr.com 36 The Docket I February 2014

Sheldon E. Friedman, Esq. Hon. Harlan R. Bockman

Collie E. Norman, Esq.

Richard P. Myers, Esq.

THE RESOLUTION EXPERTS®