125 YEARS
A Denver Bar Association Publication I 38 Issue 2 I February 2016
THE SUPERHEROES OF MVL
2 The Docket I February 2016
VOL. 38 ISSUE 2 I FEBRUARY 2016
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A MESSAGE FROM DBA PRESIDENT JANET DRAKE METRO VOLUNTEER LAWYERS AND COLORADO LEGAL SERVICES: A SHARED HISTORY TRENDS IN INTERIOR DESIGN PLANNING FOR LAW FIRMS
THE SUPER DOCKET —
A SPECIAL INSERT CELEBRATING 125 YEARS OF THE DENVER BAR ASSOCIATION AND 50 YEARS OF METRO VOLUNTEER LAWYERS.
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INSIDE 5 7 10
Letter from the Editor
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DBA Member Highlight: Philip Lietaer
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Volunteer Corner
Briefly MVL Honors Dianne Van Voorhees and Looks to the Future The Force Awakens: A Movie Review The Hovenweep Community in Transition The Buffalo Creek Disaster: Profiles in Heroism Reflections on My New iPad: The Ethical Implications of Technology Travel Spotlight
IN EVERY ISSUE 30 30 31 32 33
Briefs Bar Resources Dates on the Docket Legal Affairs Picture This
The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.
THE DOCKET
A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16. Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Emma Garrison, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Judith Keene, Elizabeth Leder, Paul F. Kennebeck, Keith Lewis, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Gregory D. Rawlings, Eden Rolland, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young DBA Officers: Janet S. Drake, President; Nancy Cohen, President-Elect; Richard M. Murray, First Vice President; Kevin E. McReynolds, Second Vice President; John M. Vaught, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Sarah M. Clark, Richard L. Gabriel, Franz Hardy, Margrit Lent Parker, Gerald D. Pratt and Shannon W. Stevenson
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Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for The Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Jessica Volz at jvolz@cobar.org. 303-860-1115 • dbadocket.org Copyright 2016. 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.
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The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices. POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336.
Letter from the
EDITOR DEAR MEMBERS: Superheroes come in many forms. Some wear billowing capes, some sport iconic masks and some take on inconceivable muscularity. Yet as with the powers of lawyers, the real strengths of superheroes do not reside in fashion statements or result from monumental muscle mass. Rather, the determination to use might for right earns them the “super” superlative in their titles. Even if most lawyers (thankfully) don’t aspire to look like Superman or Wonder Woman (unless they are gearing up for this year’s Barristers Benefit Ball), lawyers are, by an extrapolation of definition, superheroes who use the might of the law for the right of their clients. For the past 50 years, Metro Volunteer Lawyers has served as a paradigm in this regard. These volunteer lawyers have championed the income factor in the access to justice equation by offering free and low-cost civil legal services to those in need in the Denver area. As this issue’s Super Docket insert will highlight, pro bono work — more than high-paying cases — makes lawyers “super lawyers.” Colorado’s legacy of such “super lawyers” has been repeatedly spotlighted. On New Year’s Eve 2014, CBA Immediate Past President Charley Garcia penned a letter to President Barack Obama, per the recommendation of Judge Kerry Hada, nominating Colorado lawyer Minoru Yasui, who passed away in 1986,
for the Presidential Medal of Freedom, the nation’s highest civilian honor. On November 16, 2015, President Obama unveiled a list of 17 individuals who had made exceptionally laudable contributions to the security or national interests of the United States, to world peace, or to cultural or other significant public or private endeavors. Yasui’s name joined the Hall-of-Fame ranks of other charismatic icons, from Steven Spielberg and Barbra Streisand to Stephen Sondheim and James Taylor. Yasui, unlike fellow “superhero” recipients Yogi Berra and Willie Mays, fielded the Presidential Medal of Freedom for reasons that were in a league of their own: He led a life committed to challenging the unjust treatment of Japanese Americans during World War II. As Christopher Kang, national director of the National Council of Asian Pacific Americans, spoke of Yasui’s posthumous honor, “This is a humble reminder not to forget the leaders of the past as we continue fighting for justice today.” And with that conviction in mind, I hope that this issue and its special centerpiece will inspire you to be the “super lawyer” that you were born to be — the lawyer who rises to the occasion to champion injustices and who never shies away from the opportunity to uphold the unalienable rights for which this nation stands. After all, with great power, comes great responsibility. With warmest regards,
Jessica A. Volz, Ph.D. jvolz@cobar.org
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A MESSAGE FROM DBA PRESIDENT JANET DRAKE Access to justice is critical. People need access to our courts and judicial system, regardless of their economic status, race, gender, sexual preference or age. People need to understand their rights and the processes required to protect those rights. Since the Denver Bar Association’s inception 125 years ago, Denver lawyers have been offering pro bono services to low-income community members needing legal assistance. As
THIS MONTH, I AM ASKING EACH OF YOU TO MAKE A DIFFERENCE BY SUPPORTING METRO VOLUNTEER LAWYERS. attorneys, we are uniquely empowered to help facilitate access to justice for those who need assistance. This month, I am asking each of you to make a difference by supporting Metro Volunteer Lawyers. Metro Volunteer Lawyers was formed in 1966 by a group of Denver Bar Association members who met with clients on Thursday nights. At the time, the program was called the “Thursday Night Bar.” In 1998, the Thursday Night Bar program
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developed into Metro Volunteer Lawyers. Today, volunteer lawyers work collaboratively with many local bar associations to offer referrals, family law court programs, post-decrees clinics and other specialized programs in the greater Denver area. How can you make a difference? Easy — put on a superhero cape and attend the Barristers Benefit Ball (cape optional but encouraged). Proceeds from the event support Metro Volunteer Lawyers. If you are unable to attend the party, you can still help by making a monetary donation or by purchasing tickets that can be donated to young lawyers. The Barristers Benefit Ball started around the same time the Thursday Night Bar changed its name to Metro Volunteer Lawyers. The Ball has generally been a theme-oriented party and a fundraiser. Historically, the party has been quite formal, normally held at a large Denver hotel. This year, we are trying something new and fun. The 2016 Barristers Benefit Ball will be held at the EXDO Event Center on Saturday, April 30. We are celebrating the superheroes at Metro Volunteer Lawyers and the superheroes within ourselves, so pull out your tights and your cape and get ready to soar! A special thanks goes to Helen Shreves for her support and inspiration! D
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METRO VOLUNTEER LAWYERS AND COLORADO LEGAL SERVICES: A SHARED HISTORY By D i anne Van Vo orhe e s
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E T R O V O LU N T E E R L AW Y E R S started as the Thursday Night Bar (TNB) project, the collective brainchild of Donald Giacomini, Jerry Conover, and other young and distinguished attorneys, including Howard Rosenberg, the then director of the Legal Aid Society of Denver (LAS). MVL was initially a joint program supported by big firms, Legal Aid, the Bar Association and other highranking organizations. TNB operated much like today’s legal nights, with the exception that they also took the intakes to the Denver Bar Association. Over the next 15 years, DBA young lawyer volunteer attorneys, like Jon Nicholls, devoted their Friday mornings to assisting needy clients by reviewing their cases and directing them to people who could help. In 1980, Jon Asher became the Director of LAS. The start of his tenure coincided with many changes in legal aid brought on by President Reagan’s administration. These changes included a nearly 66 percent cut in federal funding. Asher’s staff had just signed their first union agreement, and the organization was fraught with financial challenges. In 1981, LAS made several major changes, which included layoffs, office closures, and the consolidation and specialization of units. The Jeffco, Adams and Arapahoe Legal Aid offices remained open. TNB was housed in the central office of LAS. Given the budgetary strains, Friday mornings were not the same: There was a small but steady group of attorneys who still did reviews, but the volunteers were not always willing to provide pro bono assistance. The coordinators decided that TNB needed its own staff. The staff made case reviews in a more straightforward manner with the help of on-site Legal Aid attorneys. Yet more complications and inefficiencies arose because TNB and Legal Aid had two separate screenings for each client. They determined that it would be best to
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Jerry Conover, left, and Howard Rosenberg, center, were founding volunteers of the Thursday Night Bar. Jon Nicholls was also a TNB volunteer. Rosenberg and Nicholls each served as executive director of the Legal Aid Society of Metropolitan Denver. Photo by Jamie Cotten. centralize intake for both LAS and TNB. Chuck Turner, executive director of the Colorado and Denver Bar Associations, Jon Asher and Gina Weitzenkorn, TNB’s first director, worked on the integra-
“We are proud to celebrate 50 years and look forward to the next 50 years to come.” tion of the systems, thereby ending the Thursday night intake. The changes in process, management and resources led to the need to change TNB’s name to reflect its evolution and aims with greater precision. A contest was held in 1996 to rename the organi-
zation. The winning recommendation, Metro Volunteer Lawyers, continues to define the make-up of the organization to this day. In 1996, Congress cut federal funding for legal aid through the Legal Services Corporation (LSC) by another 33 percent. While they had planned to cut all funding, that did not come to fruition. However, the restrictions on the services that Legal Aid programs could provide were an equally powerful blow. Changes that year included: a prohibition on lobbying; a prohibition on receiving attorney fees; a prohibition against providing legal services to undocumented people; and a prohibition on Legal Aid attorneys from filing class actions. In addition, the federal government pronounced that any organization receiving federal grants must agree not to use any money they received from other sources, such as grants, individual
donations or state money, for anything that they would not be allowed to fund with federal money. The new policy was called “the Super Restriction.” As a result of the changes to federal policy, many organizations gave up LSC funding. Others opted to create two separate programs — an LSC program and a non-LSC program. This enabled them to have two separately-funded nonprofit programs so that they could obtain LSC money for one and unrestricted funds for the other. Colorado did not have enough non-LSC money to create a dual system. Instead, LAS gave up some COLTAF funding to start the Center on Law and Policy to work with the Colorado Lawyers Committee to ensure that low-income Coloradans would still have access to non-restricted legal remedies. Another key component of maintaining legal remedies for low-income Coloradans was to maintain separate pro bono programs, such as MVL. LAS and the other legal aid programs across the state later joined forces to become a single organization: Colorado Legal Services (CLS). CLS still
houses MVL and conducts intake for both organizations. Even though MVL is co-located with CLS, MVL is staffed by Denver Bar Association employees who recruit volunteers, screen clients, match clients with pro bono attorneys and provide specialized clinics to serve as many needy people as possible. The commitment to provide civil legal services to our neighbors with limited financial means started 50 years ago. While it has required flexibility and adaptation, the heroic determination to facilitate justice has never waned. We are proud to celebrate 50 years and look forward to the next 50 years to come. D
ber of nearly every local Denver metro area bar association and Access to Justice committee. Dianne can be reached at dianne@ vanvoorheeslawoffice.com.
After eight years of service, Dianne A. Van Voorhees is the outgoing executive director of Metro Volunteer Lawyers. She is now a solo practitioner and parttime municipal court judge. In October 2015, she was awarded the Mayor’s Diversity Award for her work in serving the community. She is a mem-
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MVL HONORS DIANNE VAN VOORHEES AND LOOKS TO THE FUTURE
By C andace Whitake r , MVL B oard C h air On January 7, 2016, after eight years as executive director, Dianne Van Voorhees left her role at Metro Volunteer Lawyers to serve the Arvada community as a part-time municipal court judge and to start a private practice. Although we are all very happy for Dianne and this new phase in her legal career, she will be sorely missed at MVL. Dianne recently reflected on her tenure at MVL, stating: “Leading MVL has been one of my happiest experiences. Our clients get the assistance they need to prevent potentially devastating consequences. I am enormously proud of the staff, too. Our little team of five is responsible for ensuring that we could handle over 1,400 cases this year. It is a pleasure to work with dedicated professionals, and we could not do it without our volunteers — our legal community is exceptional. I know that MVL will continue to thrive and grow, and I am excited to see what the future brings.” How do you adequately thank someone who has given her heart and soul over the past eight years to the betterment of Metro Volunteer Lawyers? “Thank you” doesn’t seem quite
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enough to recognize and honor the many contributions of Dianne Van Voorhees, but I’ll try to convey the debt of gratitude that we owe her. In thanking her, let’s recall some of her many contributions and how they impacted MVL. From the outset, Dianne’s goal was to raise awareness of MVL within the legal community and the community at-large. She was innovative on many fronts, including creating and maintaining MVL’s website and social media accounts and involving MVL in Colorado Gives Day to allow individual fundraisers to solicit and collect donations for MVL electronically. Dianne also raised awareness of MVL by being acutely attuned to the legal community and attending every local meeting and access to justice event, where she tirelessly advocated for MVL and its clients. She achieved this not with an overbearing presence but with a poise and warmth that reflects her true gracious nature. To refuse Dianne is unthinkable, not for fear of any repercussions but because she is so highly respected. Having such a command of others based on integrity and mutual regard is a rare commodity these days; it is one to be remembered and emulated. Thank you for always being there for MVL and representing us well, Dianne! While raising the profile of MVL, Dianne also expanded programming and created significant new programs. The PostDecree Clinics serving parents coping with parenting time, child support and maintenance issues expanded beyond Denver and Jefferson counties to include Adams and Arapahoe. Dianne also added more law firm partners to the clinics, including the Attorney General’s Office, thereby expanding the number of volunteers and the clients served. The Post-Decree Clinics are the only clinics of their variety in Colorado and now accept approximately 260 clients annually. From the Post-Decree Clinic clients and volunteers, thank you, Dianne! In 2012, Dianne, along with MVL Board Member Danielle L. Demkowicz, also pioneered a monthly walk-in clinic at the Denver Indian Center. As a descendant of the Turtle Mountain Band of Chippewa Indians, the project was close to Dianne’s heart. Her experience with a wide variety of legal areas and specific experience with Native issues added depth to this clinic by addressing the needs of a chronically underserved community and one of the biggest gaps in access to justice in the state. The first legal clinic was held on April 4, 2012. It has since continued as a monthly event. From the Denver Indian Center and clients, thank you, Dianne! As executive director, Dianne also managed staff responsible for the acceptance of approximately 1,800 cases annually on a wide range of civil legal issues for clients who could not otherwise afford representation. She managed more than 400 annual volunteers and expanded staff and capacity for interns and externs to work with MVL. Such administration is a daunting task, and Dianne researched and advocated for a new, scalable, relational case management system for MVL that also
enhances and improves direct intake communication with Colorado Legal Services. This is a technological improvement that will carry MVL well into the future. Dianne further provided oversight to two essential MVL programs: the Family Law Court Program (FLCP) and the Rovira Special Programs created by the Rovira Scholar Fellowship, which Dianne helped develop. The FLCP assists pro se clients
“Thank you, Dianne, for always making it look easy. You leave MVL a better organization for which we are forever grateful.” with uncomplicated, uncontested divorce or custody matters, where the other party is also pro se. The Rovira Programs are special programs and include the Power of Attorney Clinic, which partners with community nonprofits and low-income senior housing facilities to assist seniors with completing powers of attorney and living wills, and the Fostering Success Legal Clinic, a quarterly clinic aimed at helping current and former foster kids navigate legal issues. Dianne’s responsibilities also included working closely with students, interns, the MVL Governing Board, the CBA/DBA,
Colorado Legal Services and the Rocky Mountain Immigrant Advocacy Network. Thank you, Dianne, for always making it look easy. You leave MVL a better organization for which we are forever grateful. Good luck and Godspeed, Judge Van Voorhees. As for the future of MVL, we welcome Philip Lietaer as its new director. Philip knows that he has big shoes to fill (at least figuratively), and he is definitely up to the task. Philip is intimately familiar with the inner workings of MVL, having served in multiple positions within the organization. He first began working at MVL in 2013 as a Rovira Scholar Fellow, and in 2014, he became the Family Law Court Program Coordinator, where he has done an outstanding job working with clients with sensitive issues. To borrow Philip’s words, “It is an honor to be selected as MVL’s new director. I have come to know the organization very well, and I look forward to the honor and challenge of continuing to improve our ability to provide quality help to a large number of people in need." We look forward to working with you, too, Philip. D Candace Whitaker is Pro Bono Manager at Faegre Baker Daniels LLP. She has served on the MVL Board since 2010 and is current Board Chair. In her varied career, she has worked as an Assistant Public Defender, a private attorney in the areas of criminal defense, family law and appeals, and also as an Adjunct Professor at Stetson University College of Law. In her spare time, she enjoys adventure travel and scuba diving with her husband of 28 years, Tim Kelly.
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DBA MEMBER HIGHLIGHT 10 QUESTIONS: PHILIP LIETAER When trying to seek help, such individuals are often left accepting sub-par treatment as their only option, as if they somehow deserve less due to their inability to pay for services. Seeing our clients treated in a professional manner by legal professionals, often providing a moment of dignity, is one of the most rewarding aspects of this type of work.
6. What are some of your aspirations as Director of MVL? One of the reasons I was hired was because I know the inner workings of MVL so well. I first want to make MVL as efficient as possible internally, which in turn should help us grow in our ability to provide quality help to a large number of people in need. We also need to continue to improve our recruiting and training of volunteers while continuing to modernize many aspects of our organization. Philip Lietaer assumed the role of Director of MVL upon Dianne Van Voorhees’s departure on January 7, 2016.
7. What is your biggest pet peeve?
1. Why did you become a lawyer?
Selfish drivers who drive as if it’s everyone for themselves, instead of realizing we should all be working together to arrive safely at our destinations.
As a lawyer, you can truly use your knowledge and abilities to help someone less fortunate in meaningful ways, making a difference in their life. Trying to help people achieve some justice in their lives can be truly rewarding.
2. What sparked your interest in family law? I find the emotional and psychological aspects of family law compelling. I also think I have a strong ability to connect and help clients without taking on their pain.
3. What’s the best advice you’ve ever been given? There’s a scene in the movie Ray where the crowd wants his upbeat songs and resists as he starts to play a ballad. A stagehand lowers the lights without anyone telling him to do so. A hush comes over the crowd as they listen to the beauty of that song. Afterward, Ray asks the stagehand who told him to do that, and his reply is, “no one, it just needed to be done.” It wasn’t about whose job it was; he was just thinking of the whole and doing what needed to be done. I try to maintain this approach at any organization I’m with, regardless of my position.
4. Who is your favorite superhero and why? Although not typically seen as a “superhero,” probably Luke Skywalker. He’s the quintessential, incorruptible Jedi who reaches the unreachable Darth Vader.
5. What is the most rewarding aspect of Metro Volunteer Lawyers’ work? Being poor in America frequently means being treated poorly.
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8. How do you de-stress? Turn off my work email on my phone and enjoy uninterrupted time with my family.
9. What is your favorite board game? Hotels. It’s like Monopoly but with lavish three-dimensional hotels and pools you can build. We used to play it on rainy days at my parents’ cottage in Canada.
10. If you weren’t a lawyer, you’d be: A stay-at-home dad. We are proud parents of a newborn baby girl, and I love to spend as much time as possible with her.
More about you: From: Ontario, Canada. Lives in: Denver, Colorado. Lives with: My wife, our newborn daughter and our two dogs. Works at: Metro Volunteer Lawyers. Practices in: Family and Immigration Law. Law School: Western New England University School of Law. D
EDITOR’S NOTE: Do you know a DBA member who should be featured? Email nominations to Jessica Volz at jvolz@cobar.org.
Trends in Interior Design Planning for Law Firms Interior design affects you, your colleagues, your clients and your bottom line. By C arol K oplin, A SID, N C IDQ Of all of the innovative business strategies law firms routinely undertake, one is often overlooked: innovative and efficient professional office interior design and space planning. One of the most important elements of a sound law firm strategy is to consider using the firm’s physical space as an opportunity to reinforce law firm image and brand identity while creating a vibrant and healthy work environment.
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The first impressions that a client, prospective employee or opposing counsel has of the firm’s physical space is critical. In consulting with a law firm, one of the interior designer’s most important tasks is to carefully design the reception area, other common areas, and attorney and staff work spaces with a fundamental appreciation for utilizing limited and valuable space in a way that reflects a keen appreciation for how it wants employees and the public to experience it. The reception area and other common areas should demonstrate a sense of permanence, aesthetic sophistication, and an impression that the venue was carefully planned according to how it would be perceived and utilized. In doing so, the visitor immediately intuits that the law firm is a thoughtful, professional, healthy and vibrant place of business that cares about its clients, its employees and the community that it serves. Interior design’s impact on law firm branding — otherwise interpreted as the law firm’s public awareness — is invaluable and considerably bolsters a firm’s community presence. Investing in the vibrant design of your firm also impacts productivity and commitment and enhances the overall quality of life for those working in and coming to do business at your firm. Some trends currently exist that help foster such an impression of a modern innovative law firm. The experience of how some of that work time is spent by law professionals is changing. Gone are the days of dark corridors and isolated work spaces. We’re seeing a move toward interior designs where private spaces often coexist with shared areas that have plenty of natural light and that cultivate collaboration. Investing in healthy, comfortable workspaces promotes healthy living at the workplace and presents a strong, innovative and memorable impression to visitors. It is a commonly accepted truth that we create and deliver the best work when our quality of life at home and at work is at its healthiest and most comfortable. Workplace strategists are finding that a suitable work environment is one common thread that unites a multigenerational workforce. A well-planned
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Top: Conference room. Above: Reception breakout area. Photos by Hedrich Blessing
workspace should demonstrate a firm’s commitment to the goal of fostering a healthy work environment that inspires individuals to do their best work. While how we plan spaces to make a law firm appear and feel vibrant is constantly evolving, here are a few areas in which an interior designer can seek to make a positive impact:
Reception The reception area is the single most important office venue for reinforcing a law firm’s brand identity. In addition to the traditionally well-designed reception area that features highquality, durable materials and finishes, a current trend is to incorporate high-tech displays that showcase how the law firm is helping to make the world a better place. These types of displays can play videos or feature imagery that brings the firm’s charitable work to the fore, whether it’s the lawyers’ pro bono contributions or the staff’s extracurricular activities. This permits the law firm to go beyond the commonplace coffee table tri-fold brochure by visually streaming its social conscience, goals and values.
Hospitality Hospitality in a law firm can be much more than providing a Styrofoam cup of coffee retrieved from an office break room. A professional and tailored greeting makes a superior first impression and can be created by having your receptionist welcome clients. As a part of such a greeting, the receptionist can routinely explain available amenities in a “concierge-like” style. As a part of their interior design, law firms might, for instance, consider tailoring first impressions to include an upscale coffee bar with gourmet-level coffee offerings.
Break Rooms and Multifunctional Spaces Also with a nod to the hospitality industry, law firms can consider having refrigerators dispensing filtered water and dedicated ice machines that provide clear ice cubes and shaved ice. Staff, too, will also appreciate a more substantial coffee offering, as well as specialty cold beverages in glass bottles and healthy snacks. By planning for computer monitors and laptop amenable plug-and-play computer tables from the outset, the firm can eliminate the need for expensive floor coring in the slab below. Basic amenities in a break room will also have the potential benefit of inducing lawyers and other law firm employees to stay in the office during lunch, interact more and possibly minimize some of the time lost by the “need” to leave the office for lunch. By designing and planning for flexible, multifunctional spaces, law firms can redefine spaces. These spaces can be used for everyday use, as well as for special functions or events. Several manufacturers now sell systems to facilitate such reconfiguration of office floor space. Law firm workplace planning is moving toward facilitating each attorney’s individual work while also producing a more interactive, collaborative experience. This is achieved in part by creating multifunctional spaces. With technology and the use of Wi-Fi, we are seeing a variety of seating styles, from lounge
seating and community tables to banquet-like setups. Studies show that flexible and multiple work-style workspaces increase productivity. Combining spaces can both maximize functional square footage and create a more home-like or café-type environment that promotes communication in a more tangible way. The combining of rooms, or the ability to alter the layout of rooms, often saves a considerable amount of money in terms of square footage lease costs.
Interconnecting Stairs When a law firm is large enough to take up multiple floors of an office building, it is advisable to reinforce planning strategies for a vibrant and healthy work environment. Break rooms and restrooms should be adjacent to stairs to encourage socialization. Designs should incorporate an interconnecting staircase that is inviting and readily visible. Ideally, stairs should be adjacent to the reception area, with the design of stair finishes at the same level as other public areas. The stairs should have ample stepping strides and larger landings where staff can stop and have impromptu conversations. Workplace studies show that creating areas for spontaneous interaction can make a firm more productive and provide employees with a sense of connection to their workplace.
Private Offices Ten years ago, the average square footage of a lawyer’s private office space was approximately 225 square feet. Today, we are seeing an average of closer to 176 square feet because of the increase in rentable square footage cost, the reduction in space required for technology and the decreased need for client meetings in the private office. However, people still need a place conducive for focused work.
The first impressions that a client, prospective employee or opposing counsel has of the firm’s physical space is critical.” Having worked with lawyers across the country for nearly 30 years, I have found that there are two planning strategies that are not suitable for lawyers. The first is positioning lawyers in open workstations. Research suggests that these are stress-inducing environments that are particularly ineffective for those who need in-depth, quiet concentration. The second ineffective set-up is the “one-size-fits-all office.” While one-size offices, with flexible furniture arrangements and types, can be cost-effective, the plan is often unrealistic. With adaptable workspace layouts and the existence of full-height movable wall systems that are designed with the same (if not better) acoustical control, flexibility can be maintained. In many law firms, I see the need for at least two office sizes with various furniture types and arrangements. Younger lawyers like having the ease of access to senior staff members who have the experience and knowledge that February 2016 I The Docket
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they often seek out. Glass walled offices and/or glass doors facilitate this accessibility in a manner that also fosters productive relationships between lawyers of all generations. Glass walls can still provide the necessary acoustical privacy, while glass fronts along the perimeter allow for natural light to illuminate the interior space. As opposed to standard swing doors, sliding doors are surprisingly helpful in increasing usable floor space and making the smaller private office footprint more efficient. We are also seeing a trend toward “work walls.” One wall in the office, usually the wall opposite the door, is used to maximize storage and to house one or more computer screens. Placing computer screens on the side walls minimizes the glare from the sunlight. Also, removing the traditional double-pedestal desk in favor of a height adjustable table desk allows the user of the space to personalize his or her office. By providing these choices, the firm demonstrates respect for the employee and increases his or her sense of value at the firm. Evidence is mounting that sitting for more than two hours a day is directly linked to multiple health problems, as noted by Dr. James Levine, professor of medicine at Mayo Clinic. There is now a trend to support individuals’ initiatives to have a “healthier” desk. To be healthier and more productive, employees often “get up, stand up” by using the adjustable height tables and computer stands now available from many commercial furniture manufacturers.
Conference Rooms Corner partner offices have, for the most part, evolved into conference rooms or shared spaces. Planned in-corner office spaces work well as conference rooms, case rooms or collaborative team meeting areas, with glass walls that make the energy in the room visible. Plan conference room spaces to have a feeling of flexible spaciousness that incorporates the latest technology.
Healthy Work Environment In planning for and promoting a healthy work environment, the interior designer must consider health at every stage of the planning process. One of my favorite resources can be found at centerforactivedesign.org, which is a website maintained by the not-for-profit Center for Active Design. Here are some key trends to consider while designing a healthy workplace environment: 1. Specify materials and finishes that promote a healthy indoor air quality and that are durable. 2. Provide easy and inviting access to stairs. 3. Provide proper air circulation and ventilation, when possible, and design for operable windows to improve thermal comfort. 4. Maximize daylighting — provide lighting systems that promote comfort, are energy efficient and promote well-being. 5. Wherever possible, maximize interaction with nature/ green spaces. 6. Increase water purification levels.
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7. Minimize noise pollution. 8. Create shared spaces for multi-generational conferencing, incorporating avenues for the interaction of the most senior partners and the most junior law firm employees 9. Provide for ergonomic furniture — sit/stand workstations and balance ball stools. 10. Plan for agility and flexibility. 11. Pay close attention to the details. 12. Create a hospitality experience. 13. Use individual controls or smaller zoned areas for lighting, heating ventilation and air conditioning. 14. Provide acoustical controls. 15. One size office does not fit all — design for agility and flexibility. 16. Design for a healthy environment by putting people first; understand the economic value; provide avenues for staff to personalize their workspaces. 17. Maximize shared amenities. D
Carol Koplin, ASID, NCIDQ is a former president of the Colorado Chapter of the American Society of Interior Designers and is the principal member of Koplin Interiors, LLC, a Denver commercial interior design firm. Carol has more than 25 years of experience specializing in the interior design and space planning of professional offices. She was most recently the principal interior designer for the Ralph L. Carr Judicial Center. Carol can be reached at carol_koplin@koplininteriors.com.
For more information, visit koplininteriors.com.
THE FORCE AWAKENS: A MOVIE REVIEW By J udith K e e ne For those of you who have not yet succumbed to peer pressure and seen the movie, I won’t yield any spoilers in this review. It is well-established that I love science fiction, so it is easy for me to give a positive review of any film in this genre. I was lucky enough to see Star Wars: The Force Awakens with two people who are not partial to science fiction. In fact, for one of them, English is her second language. The good news is that we all enjoyed it, despite our personal preferences. I have to admit that, after the first two thirds of the movie, the plot took a predictable turn, and it seemed quite apparent where things were going. How-
certain to make an appearance in fast food meals, an evil guy in a black hood, a young warrior turning against a master and an untrained but nevertheless profoundly skilled hero. For the attentive folks in the audience, there are also inside jokes and spelled-out references to encourage fans to rewind and re-watch the movie to ferret them out. The Force Awakens begins in a time when the Jedi don’t appear to be active. In this film, the bad guys in control of the universe are part of “The First Order.” These antagonists strike parallels with the Nazi regime, as their entire existence seems to be linked to that movement,
ever, the action was entertaining and in plenty of supply throughout the movie. Maybe it’s because of my eye for detail as a lawyer, but I did find fault with the following:
despite the apparent lightyears of separation between them. The (super)hero is finally a woman who boasts some rather surprising and impressive talents. This comes as a pleasant awakening indeed for critics of Hollywood’s history of gender inequality. It is clear that J.J. Abrams directed the movie through the eyes of a selfconfessed Star Wars fan. A vast majority of fans did not like the direction taken with Anakin and Amidala. As a result, the movie builds upon the original Star Wars franchise and eliminates almost all references to The Phantom Menace and its similarly disappointing sequels. Do not be surprised that the movie primes the pump for the next installment. There are a lot of holes in character development — which I hope will bloom more fully in future installments. May the Force Be With You! D
1. Kylo Ren. As a character, he is, as my bubbe used to say, mneh. He’s a bit bland and could use some multidimensional pizzazz. I assume this was intentional. 2. Rey’s obviously perfect manicure. Really??? 3. Poe Dameron — Why didn’t we see more of you? 4. Rey — I could have lived without the last facial expression you had in the movie! Aside from those minor matters to grumble about, The Force Awakens gives us plenty of poker-faced humor and action from our beloved characters of old. The special effects are fast-paced and gripping without being overdone. For those of us whose childhoods seemed inseparable from the first Star Wars movies, the writers have included a mash-up of all our favorites: a lost robot who is
Judith Keene (formerly Rosenblum) has practiced law in the intellectual property arena for more than 28 years. A s Senior Counsel with HolzerIPLaw, PC, her practice emphasizes the development and protection of each client’s unique intellectual property portfolio. She can be reached at jkeene@holzeriplaw.com.
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THE
HOVENWEEP
Community in Transition by G reg H ob b s Wright Paleohydrologic Survey; Hovenweep National Monument September 27–29, 2015 Ask The Towers Why do the builders build you? Because bees lead us to the water pockets See here! See here! Raven cries, Climb down! Climb down! Taste the rain a cavern ceiling drips with lightning from the sky You can paint upon a water jar. Every morning, every evening these Towers play lookout over farmsteads And Sleeping Man is with you, In the slant the seasons make into Ancestors When it’s time to plant and time to harvest.
REFLECTIONS ON THE RETURN TO HOVENWEEP Five years after our 2010 water survey of the Goodman Point Pueblo unit of Hovenweep National Monument, the National Park Service permitted us to return to survey other units at Hovenweep. It’s the turning of the fall equinox 2015. Our group meets at Square Tower Unit on Sunday, September 27. A blood-red harvest eclipse moon rises from the east over the head and shoulders of Sleeping Ute Mountain. The Park Service has set up for the public an after-hours viewing area equipped with a powerful telescope. Earlier this afternoon, my grandson Kyle, wife Bobbie and I circumnavigated, in counterclockwise fashion, the rim trail around the Square Tower. It’s good to be back out on the rimrock! We walk past Hovenweep Castle to the bend where a pour-off plunges into the northern fork of the canyon’s terminus. Up-gradient, we find a water pocket where bees line the edge of a puddle, perhaps set-
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tling in for a sip. We cross a number of breached check structures the Pueblo people built to spread out and slow the flow before it plummets from the pour-off. Tomorrow’s work will involve separating our nine-member team, one to look for farm plots on the mesa top, one to descend into the canyon floor to search for water sources the people depended on.
THE SETTING Cajon Mesa houses five units of Hovenweep stepping down a series of pueblos trending toward the San Juan River, across Colorado’s boundary from Cutthroat through Holly, Hackberry and Square Tower units, ending at Cajon unit, at an elevation of 4,800 feet. Colorado’s Goodman Point unit is located about 30 miles to the east, at an elevation of 6,700 feet. From circa 900 A.D., the Hovenweep people spread out across the Great Sagebrush Plain and grew a small-cob type of corn adapted by generational practice to a short growing season. They turned every spot of soil blown by wind or eroded by rain into farm plots. Beginning in approximately 1230, families gathered into communities ranging from 500 to 800 persons at Goodman Point to perhaps 100 at Square Tower and even smaller at the lower Cajon unit. The people had dogs and
Twin Towers. supplemented their diets with rabbits, domesticated turkeys and wild plants. Cajon Mesa transcends four plant zones with precipitation averaging 15 inches annually at the upper end to six inches at the lower end. In the three days of our survey, we located three reservoir sites on mesa land above the pueblos. Two of these were dry; the third was a third full and was sprouting cattails. We conducted our work in the sixteenth year of a devastating Colorado River Plateau drought. On the morning of Monday, September 28, we returned to Park Headquarters at the Square Tower unit from the Recapture Lodge in Bluff along the San Juan River. The night came and went as the shuttered moon plowed its way west, only to reappear slowly by moonset. In 1974, Bobbie and I brought our six-year-old son, Dan, and our threeyear-old daughter, Emily (Kyle’s mother),
here. I then wrote (for it seemed such a revelation and impetus for celebration): Convergence at Hovenweep Two canyons, two towers, one of the sun, one of the moon, from distant geographies these two canyons converge Where — now — these two towers stand — Together — at the head of the floor of each These canyons hold the gouging and the leveling of their tributaries that, shaping them, have made their features
singular Between the walls of their different understandings, in the niches and the crevices, voices feed and murmur children/turkeys/families/dogs, while these two towers stand A flute shall play, and through the earthen windows of these two figures stretching, light of evening light of midday. You cannot behold such architecture as these towers set against the Four Corners landscape without their spirit building you up. How wondrous it is that these people shaped their earth to rise and shine! Dwellings, granaries, pottery kilns, wayfarer observation towers, February 2016 I The Docket
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Julia Traylor collects droplets at Little Ruin Canyon's north fork spring. defense bastions and astronomical sighting places: They speak of a mastery of craftsmanship framed by their majesties, the Sleeping Ute, the La Plata and the La Sal mountains.
PARK SERVICE GUIDES Noreen Fritz of the Park Service leads Ken Wright, Crow Canyon archaeologist Kristin Kuckelman, Bobbie Hobbs and Sally Kribs on a search for mesa top water structures and farmsteads. Noreen’s colleague Todd Scarborough, Kyle and I
descend into Little Ruin Canyon with Gary Witt, Robert Traylor, Julia Traylor and Cali McMurtrey. Across the canyon on the south side, we see Twin Towers lit by a morning glow. Today we are searching for seeps, springs, canyon bottom plots and side terraces hugging side slopes. Our permit allows us off the visitor trails in the company of the National Park Service archeologists. It’s a jumble of rock in a temporary standstill as we maneuver so as not to slip off. Gary’s specialty for Wright Water Engineers is hydrogeology. He names the layers of Earth’s increments we pass through. Some buckle up, over and into each other. I note in my “Level Book” some of these deposits — conglomerate, shale, Dakota sandstone, Aeolian fossil dunes, reworked cobble cemented together, and the Morrison and Burro Canyon formations. I see purple and greens amidst a sea of browns. Previous oceans did quite a job here. 20 The Docket I February 2016
The farmstead team above Square Tower.
We’re getting a trunk load of design information about the various kinds of pottery and what each small piece might have been part of. Corrugated coil fragments (drinking cups?) fascinate me. Gary thinks that the available mapping has some inconsistencies relative to the location of the geologic contact in the area of the spring. Another excuse to take pictures. FINDING SPRINGS AT SQUARE TOWER UNIT Where Little Ruin Canyon splits, we follow the north
fork. Reaching the headwall of the canyon, we crawl into a cavern situated beneath the north fork’s pour-off. The ground is moist. Julia holds up a slender tube for collecting drips trickling from the ceiling. Cali and Kyle time and count the drops. How many pots did the people need to place in shifts to harvest drips? Family by family, they must have taken their turn to bring the water home. How did they decide who collected water and when as they watched the corn stalks wither during the prolonged drought of the 1270s? Governance came down to water and food purchased through unceasingly shared responsibilities. CAJON UNIT AND BLANDING’S EDGE OF THE CEDARS COLLECTION Mid-afternoon finds us at the Cajon unit at the end of Cajon Mesa looking towards the San Juan River. This small cluster huddles around another spring that prior research literature describes as one of the most reliable of the Hovenweep springs. But we discover the cavern ceiling spring drips are even scarcer here than at Square Tower. Noreen vividly describes the significance of this site through her recount of an excavation that she was responsible for. One of the buildings overlooking the spring yielded a trove of ancestral Pueblo artifacts dating back to the mid-1270s, when residents were in the process of permanently departing from Mesa Verde and the Great Sagebrush Plain. We explore the site of a mesa-top reservoir built to capture and spread water onto Cajon unit farm plots.
HOLLY UNIT AND MESA TOP RESERVOIRS On the morning of Tuesday, September 29, we hike into Holly unit to further gauge the interrelationship of the five Cajon Mesa Hovenweep units. Niched along the rims of southwest flowing drainages, they are part of a larger whole within a half-day’s determined walk of each other. Very large boulders obliterate what must have been the spring that Holly’s residents depended on. A breached check dam perches on the edge of a plunging pour-off area overgrown by Hackberry trees, a telling signal that there’s aquifer water seeping through this site. Todd climbs down to look for a spring, but an armored mass of rock obscures the way into whatever cavern counterpart of Square Tower and Cajon units may exist here. The Pueblo people from Chaco to Mesa Verde knew how to build tall functional structures embracing the vistas of this incomparable landscape. The flowering of their pottery and architectural arts occurred within a physical and spiritual dimension that corresponded with the aggregation of populated pueblos, like Goodman Point and these others of Hovenweep. They were masters of water works as well. We examine two more ancient mesa top reservoirs they built to slow and spread rainstorm runoff onto farm fields. One is dry. The other, Cajon Lake, continues to hold water in a wetland singing with birds and cattails. The three Cajon reservoirs we explore during our three-day survey appear to function as recharge areas feeding the Cajon Mesa springs.
It seems very likely that the people appreciated and capitalized on what today’s engineers call “conjunctive use.” Springs continue to yield water into a prolonged drought for far longer than they otherwise would, when human ingenuity and labor provide for unlined storage and recharge structures. These people had only wood and stone yucca-fiber-wrapped digging sticks and their legs, hands, shoulders and each other to work with. Our experience with collecting droplets from the Hovenweep springs, in the midst of the current 16-year drought, evidences a collapsing natural resource base that prompted the people’s migrations south to the Rio Grande pueblos, the Hopi mesas, the Mogollon rim and into Mexico over succeeding centuries. D Gregory J. Hobbs, Jr. is a Senior Water Judge assigned to the mediation of water cases and Co-Director of the Environment and Natural Resources Program at the University of Denver Sturm College of Law. He served as a Colorado Supreme Court Justice from May 1996 to August 2015. Greg has authored a number of books, including Living the Four Corners (2010) and Into the Grand (2012). He holds a J.D. from the University of California, Berkeley and has practiced law with an emphasis on water, environment, land use and transportation. Greg can be reached at gregory.hobbs@judicial.state.co.us. For the unabridged version of this article, visit dbadocket.org/dba-community/hovenweep. 35TH ANNUAL COLORADO LAW ALUMNI AWARDS BANQUET
March 9, 2016
Seawell Grand Ballroom Denver Center for the Performing Arts 5:30 p.m. cocktails 7:00 p.m. dinner and program
COLORADO LAW CONGRATULATES OUR 2016 HONOREES: William Lee Knous Award Norman Brownstein ('68) and Steven W. Farber ('68), Shareholders Brownstein Hyatt Farber Schreck, LLP Distinguished Achievement - Public Sector The Honorable Cory Gardner ('01), United States Senator - Colorado Distinguished Achievement - Judiciary The Honorable Marcia S. Krieger ('79), Chief Judge United States District Court, Colorado Distinguished Achievement - Corporate Counsel Michelle M. Lucero ('89), Chief Administrative Officer, General Counsel, and Chief Flash Mob Officer Children's Hospital Colorado Richard Schaden "Adopted Alumnus" Award Paul and Norma, and David and Jed Barash, Parents and brothers of Daniel Barash ('02) Dean Edward C. King "Pay it Forward" Award Fiona Arnold, Executive Director, C Colorado Office of Economic Development and International
JOIN US TO CELEBRATE OUR COMMUNITY AND THE ACHIEVEMENTS OF OUR DISTINGUISHED ALUMNI Purchase tickets at: www.colorado.edu/law/banquet
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THE BUFFALO CREEK DISASTER: Profiles in Heroism B y E den R oll and
IN THE EARLY MORNING HOURS OF FEBRUARY 26, 1972, after several days of rain, a coal mining impoundment dam, situated at the top of a narrow valley in the mountains of West Virginia, collapsed. The “impoundment dam” was, in actuality, a massive refuse pile of coal slag and mining waste. The refuse pile, which was dumped across the narrow valley near Buffalo Creek, was intended to filter and hold back millions of gallons of water and coal sludge generated by the coal company’s coal-washing plant. When the dam collapsed, a 20- to 30-foot-tall tidal wave of black coal water and sludge tumbled down the valley, consuming the small mining towns that lay in its path. More than 125 people died in the flood, and hundreds more were impoverished, their homes and possessions destroyed. 22 The Docket I February 2016
In the aftermath of the disaster, hundreds of flood victims joined together and sued the Pittston Coal Company, alleging that Pittston’s reckless disregard in the construction and maintenance of the dam caused the plaintiffs’ injuries. Their ensuing legal battle, which resulted in a $13.5 million settlement reached in the final days before trial, is chronicled in Gerald Stern’s book, The Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal-Mining History Brought Suit Against the Coal Company — And Won. The Buffalo Creek Disaster is more than a story about heroes: As the title suggests, the book is a matter-of-fact yet dramatic tale authored by the leading plaintiffs’ lawyer in the case. Using straightforward language, Stern provides the reader with a window through which the world of litigation can be viewed. At its core, it is a story about underdogs, lit-
igation drama, and the twists and turns that led to a landmark $13.5 million settlement. But even though The Buffalo Creek Disaster is not exactly a book about heroes, the threads of heroism are woven into the fabric of its plot. For me, three elements that epitomize heroism resonated throughout the narrative: purpose, risk, and hope. Purpose. Heroes strive to achieve a goal to which they are deeply committed. As the plaintiffs’ lawyer, Stern was determined to win full and just compensation for the plaintiffs. This meant gaining recognition for the entirety of the plaintiffs’ physical and psychological suffering. Although opposing counsel character-
“When in doubt, do the right thing.” ized the plaintiffs’ “psychic impairment claims” as “mere puff and blow,” the court ruled that the claims were not frivolous. Those claims eventually became a hallmark of the Buffalo Creek litigation: The plaintiffs were allowed to recover, on an unprecedented scale, for “survivor syndrome” — a precursor term for what is now recognized as post-traumatic stress disorder. The Buffalo Creek Disaster also provides an opportunity to reflect on the “big picture” of lawyering. Stern’s narrative walks the reader through the major steps of litigation, from injury to settlement, in the context of a dramatic, high-impact case. For this reason, the book is an excellent guide on litigation and the rules of civil procedure, and it comes as no surprise that it has been used as a teaching tool at numerous law schools. But rather than sounding pedantic, the story is compelling because it explains, at each step, the real-life impact on the plaintiffs — which is, ultimately, the heart of Stern’s story. While the practice of law is often about paying attention to small details, it is helpful and refreshing to be reminded that the
details of lawyering serve a valuable, “big-picture” purpose for our clients and ourselves. Risk. Heroic acts also entail risks. The Buffalo Creek plaintiffs and their lawyers took several calculated risks throughout the case. For example, they staked jurisdiction in federal court entirely on the tenuous argument that the court could and should pierce the corporate veil in that instance. Later, when settlement negotiations began, they refused to budge on compensatory damages for mental injury. The law firm of Arnold & Porter also took a huge risk by committing to finance the litigation expenses pro bono. In affirming that risky decision, one of the firm’s partners stated, “When in doubt, do the right thing.” These risks show that nothing in the case was certain. At the same time, it reminds us that great outcomes often depend on sticking to principles that matter more than the cost of losing. Hope. Heroism involves hope — and perhaps a little bit of luck as well. In the practice of law, an attorney sometimes has to wait for another player to make a move. What will opposing counsel say? How will the judge rule? Will a new legal theory be recognized? When the Buffalo Creek plaintiffs’ lawyers reached these crossroads, they often had to “wait and see” and hope for a favorable outcome. Also, the plaintiffs were lucky, at least to a certain extent. For instance, a state commission issued a scathing report about Pittston’s role in the flood just as the plaintiffs were ready to file their complaint, leading to a public relations windfall for the plaintiffs. Additionally, after the federal judge originally assigned to the case recused himself, the newly assigned judge, who was relatively unknown, repeatedly proved to be sensitive to the plaintiffs’ arguments. Such lucky breaks were unforeseen and beyond the lawyers’ control. Even so, the survivor plaintiffs and their lawyers filled the inevitable “wait and see” gaps with hope — hope that was manifested through an attitude of eager expectation and acts of preparation for future possibilities. As I embark into the legal profes-
sion, reading The Buffalo Creek Disaster made me glad that I am a lawyer. The book tells an inspiring story, and it shows the mechanisms of the justice system working for those in a desperate situation. I don’t think there is a secret formula for being a hero. Purpose, risk, and hope are just a few ingredients to throw into the mix. Whatever lessons you may draw from the scenario that it presents, let The Buffalo Creek Disaster inspire you to tap into your inner hero. D Eden Rolland is a 2015 graduate of the Universit y of Colorado Law School and is currently a litigation fellow at the Denver City Attorney’s Office. She can be reached at edenrolland@gmail.com.
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Reflections on My New iPad: The Ethical Implications of Technology By Jame s S . B ailey
CONGRATULATE ME — my New Year brings me a new iPad. As I begin the process of preparing my iPad for its new life and workload, I am reminded of the ethical implications of technology and my practice. At the risk of overgeneralization, technology presents two predominant ethical obligations for lawyers: compliance with the duty of competence and compliance with the duty of confidentiality. Both duties are involved with my new iPad. Attorneys have obligations to be familiar with technology and its legal and ethical implications. As many would similarly state, “ignorance of technology is not an appropriate excuse.” The obligation of familiarity is part of an attorney’s requirement to provide competent legal representation. Competency includes a reasonable familiarity with the risks, as well as the benefits, associated with the technology associated with our profession. Competency is also an ongoing state of mind, as technology changes and changes quickly. A decade ago I would have considered myself on the cutting edge of legal technology. Now, my children are grumbling at my arcane ways. The benefits of technology are selfevident. As attorneys, we use it every day.Technology also makes us mobile. With the help of mobile devices, we are able to e-mail, text, make phone calls, browse the web, access maps and take photographs for clients virtually anywhere. That mobility presents a new set of challenges, as attorneys are fallible. Understanding and addressing security risks posed by our individual tools and our methods of communication are essential. Mobile technology puts clients’ confidential or privileged information at the risk of becoming lost, stolen or inadvertently disclosed. These risks are ironically created by mobility — the very benefit of our mobile devices. 24 The Docket I February 2016
As attorneys, we are obligated to not reveal information relating to representation of a client. We must take reasonable efforts to maintain the security of a client’s confidential and privileged information and to safeguard information relating to our representation of a client. The duty to safeguard information includes the obligation to avoid inadvertent or unauthorized disclosure. What if my new mobile device is lost or stolen? A bit of good advice — as silly as it sounds — is to try not to lose your phone. Enable “finding” software, if available. In the unfortunate event that you do lose your phone, have a strong password that is automatically enabled. Consider installing the device’s “wiping” feature, which permits you to delete its contents remotely. (Certain devices can automatically delete their contents given too many failed login attempts.) Encrypt confidential data on your mobile device. And don’t stop at encrypting only the data on mobile devices — encrypt any data that is at risk, including data transfers with clients or data placed on a mobile flash or “thumb” drive — especially if the transfer of the drive will be made by any other method than hand delivery. If your mobile computing includes “Cloud”-based computing, make sure to review the provider’s written policies concerning data security both before and after the termination of your contract. Most attorneys send emails with their smart phones. As with losing a device, operator errors may entail ethical issues: Misaddressing an email by hitting “reply all” or “auto-fill” may inadvertently send confidential information to unintended recipients. Remember that most e-mail messages are sent over networks that are not secure. Without safeguards in place, these messages are subject to interception, review and copying. Simply put, if the information you are sending by email is sensitive, encrypt the email, data or attachments. Pay attention to your email attachments. Most electronic documents contain some form of “metadata” — hidden information that can include information as to the creation, modification and edits to a document or file. Some metadata may contain confidential or privileged information. This is especially true in instances where a document has been created, or edited, using certain word-processing features, such as “red-lining” or “track changes.” These features may create highly-sensitive metadata. The answer with regards to metadata is simple: An attorney should exercise reasonable care to avoid the inadvertent electronic disclosure of privileged or confidential information. “Clean” a document of metadata. Specific types of software are available for this purpose. At a minimum, reasonable care requires that you, your firm and your staff have sufficient procedures to prevent or, if appropriate, control the sending of metadata.
Think twice before scouring an opponent’s electronic documents for useful metadata. Recognizing the national split of authority as to whether a receiving attorney may ethically review metadata, the Colorado Bar Association Ethics Committee suggests that an attorney “generally may search for and review any metadata included in an electronic document or file.”(Formal Ethics Opinion 119.) However, if a receiving attorney knows, or should know that metadata contains confidential information, the receiving attorney should treat it as inadvertent confidential information. Under those circumstances, the receiving attorney should then notify the sending attorney for potential resolution of the waiver issues underlying the transmission of confidential or privileged information. If, however, the recipient is notified by the sender before the recipient examines the metadata that confidential information was inadvertently transmitted, then the receiving attorney should not examine the metadata. Encrypting data and scouring metadata sound pretty high tech to me, even if they don’t seem to impress my thirteenyear-olds. I present my newest technological addition to their uninterested stares. I’ve always known I’m not cool, but not tech savvy? — humbug. D
James S. Bailey is a Co-Managing Director of Senn Visciano Canges, P.C. He specializes in complex family law and domestic cases. Most of Jim’s time is spent attempting to understand his teenage triplets. He can be reached at jsbailey@ sennlaw.com.
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Colorado CLE Calendar
February 2016 REGISTER ONLINE OR CALL TODAY! LIVE EVENTS AND LIVE WEBCASTS February 11-12, 2016 Family Law Basic Skills 2016 Submitted for 17 General CLE credits, including 2 Ethics
February 2, 2016 CBA Trust and Estate Section Monthly Luncheon Program CLE credits TBD
February 16, 2016 CBA Securities Subsection Luncheon Program: Hot Topics for Public Companies in 2016: The General Counsel’s Perspective Submitted for 1 General CLE credit
February 2, 2016 CBA M&A Subsection Breakfast Series Program: What Did the Investment Bankers See, and What Do They Expect in the M&A World Submitted for 1 General CLE credit
February 17, 2016 CBA Financial Institutions Subsection Luncheon Program Submitted for 1 General CLE credit
February 5, 2016 Residential Construction Defect Law Update 2016: Intermediate to Advanced Class Submitted for 3 General CLE credits
February 19, 2016 Social Security Disability 2016 Update CLE credits TBD
February 8, 2016 CBA Solo & Small Firm Section Monthly Luncheon Program Submitted for 1 General CLE credit
February 26-27, 2016 Estate Planning Basic Skills 2016 Submitted for 14 General CLE credits, including 1 Ethics
All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.
February 5, 2016 Ethics and Rhetoric: How to Persuasively Craft and Refute Arguments Submitted for 3 General CLE credits, including 3 Ethics February 11, 2016 25 Cases Every Real Estate Lawyer Should Know With Fred Skillern Submitted for 3 General CLE credits February 12, 2016 Data Privacy & Information: Meeting the Challenges of This Complex and Evolving Area of Law Submitted for 7 General CLE credits, including 1 Ethics
COLORADO
CLE
26 The Docket I February 2016
Colorado CLE
VIDEO REPLAYS February 13, 2016 Residential Construction Defect Law Update 2016: Intermediate to Advanced Class Submitted for 3 General CLE credits
(video replay in Grand Junction, Colorado Springs, and Denver)
www.cobarcle.org
1900 Grant St., Suite 300, Denver, CO 80203-4303
Phone: 303-860-0608
Toll-Free: 888-860-2531
Fax: 303-860-0624
Volunteer Corner:
Busy Times for the Colorado Poverty Law Project How we helped! 300
225
150
75
0 Monthly Legal Clinic 2014
County Court Referrals 2015
The Colorado Poverty Law Project (CPLP) is a non-profit 501(c)(3) organization with the mission to recruit and coordinate volunteer attorneys to participate in a monthly pro bono legal clinic at the Colorado Coalition for the Homeless (CCH).
In partnership with the Denver Bar Association, CPLP provides resources to enable volunteers, at their discretion, to provide a range of services to attendees, including answering on-the-spot questions, providing referrals and, if appropriate, providing limited representation. CPLP has continued to grow the breadth and depth of its services to help the critically indigent tackle legal barriers to avoid or transition from homelessness. In 2015, CPLP doubled the number of people seen at monthly legal clinics at Stout Street Health Center, launched the Pro Bono Eviction Program, facilitated two continuing legal education trainings on eviction issues and hosted its first fundraiser event. During 2015, CPLP volunteers helped approximately 200 individuals during monthly legal clinics at Stout Street. This is double the number of individuals that was seen in 2014. CPLP also implemented a first-of-its-kind Pro Bono Eviction Program with the Denver County Court to help indigent individuals defend eviction proceedings. In 2015, the Self Represented Litigant Center at the Denver County Court referred over 30 eviction cases to CPLP Volunteers to take on pro bono basis. The project is always looking for volunteer attorneys to help at monthly legal clinics and with the County Court Eviction Program. If you are interested in volunteering, email contact@ copovertylawproject.org. D
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Is Your Law Library Up-to-Date? Soft-Cover Editions: 2014 Annual Survey of Colorado Law (5/15) Colorado Appellate Handbook, 2015 Edition (12/15) Colorado Courtroom Handbook for Civil Trials, 2014 Edition (6/15) Colorado DUI Benchbook, 2015–2016 Edition (11/15) Colorado Landlord-Tenant Law, 6th Edition (4/15) Colorado Law of Insurance Bad Faith, Fourth Edition (12/15) Colorado Rules of Civil and Appellate Procedure, 2015 Edition (6/15) C.R.S on Family and Juvenile Law (11/15) C.R.S. Vehicle & Traffic - Title 42 and Common Code 2015 (11/15) Gifts to Minors, 3rd Edition (9/15) Legal Guide to Practicing Psychotherapy in Colorado, 2016 Edition (11/15) Search and Seizure Law in Colorado (9/15) The Practitioner’s Guide to Colorado Constructions Law (11/15) Trusts in Divorce Property Divisions, 2nd Edition (5/15) Wade Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration, 7th Edition (6/15) Wrongful Death Law in Colorado, 3rd Edition (5/2015)
Supplements: Colorado Estate Planning Forms (10/15) Colorado Real Estate Practice (9/15) Colorado Title Insurance Practice (9/15) Elder Law in Colorado (8/15) Estate Planning Handbook (12/15) Practitioner's Guide to Colorado Business Organizations (10/15) Practitioner's Guide to Colorado Employment Law (11/15)
Coming Soon: Colorado Jury Instructions for Civil Trials, 2016 Edition Lawyers’ Professional Liability in Colorado, 2016 Edition
COLORADO
CLE
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Colorado CLE
Colorado CLE publishes comprehensive and substantive Colorado-specific law books, written by leading Colorado legal practitioners. Our books keep you up-to-date on new case law, regulations, and other important legal developments. They are a great value, saving you hours of time, providing clear explanations of the law, relevant citations, and essential forms. Plus,forms are available on disk for many of the books.
www.cobarcle.org
1900 Grant St., Suite 300, Denver, CO 80203-4303
Phone: 303-860-0608
Toll-Free: 888-860-2531
Fax: 303-860-0624
MARSHALL SNIDER’S adventures took him from OLD SAN JUAN to the NAMIB DESERT.
JULIE WAGGENER visited COSTA BRAVA, SPAIN. JUDITH VORNDRAN and her family spent the holidays in Brazil, where they visited their exchange student Sofia’s family.
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Bar RESOURCES The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” Visit cobar.org/ watermanfund.htm for more information. The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO 80203. Phone: 303-824-5319. Fax: 303-861-5274.
Troubled by Rude and Unprofessional Attorneys? The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips and strategies for dealing with opposing counsel: Teresa Wilkins: 303-791-9545 Dave Furgason: 303-861-8013 Ben Aisenberg: 303-861-2500
Sponsored by the DBA Peer Professionalism Assistance Committee.
COLAP The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule 254, COLAP provides assistance with practice management, work/life integration, stress/anger management, anxiety, depression, substance abuse and any career challenge that interferes with the ability to be a productive member of the legal community. COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers and educational programs (including ethics CLEs). For more information or for confi-
dential assistance, please contact COLAP at 303-986-3345 or (toll free) 855-9862126. Visit our website at coloradolap. org.
DBA Placement Services As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations. Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accounting, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-8940014 or email dbaps@earthlink.net.
BRIEFS Encourage Future Legal Minds: Judge a Denver Regional Mock Trial — Feb. 12 & 13 Volunteer attorneys, law students, paralegals and community leaders are needed to judge the 2016 Denver Regional High School Mock Trial Tournament February 12 and 13 at the Denver City and County Building. Several time slots are available; breakfast/lunch is provided. To sign up, visit coloradohighschoolmocktrial.com.
8th Annual Law Day Art Contest — Classroom Volunteers Needed The Law Day 2016 Contest is cosponsored by Denver Public Schools and the Denver Bar Association. K–8 DPS classrooms will be visited by DBA volunteers to discuss and complete an activity regarding our theme, “Justice is Blind.” Each participating classroom will be entered in a drawing to win a free field trip to the Ralph L. Carr Judicial Center, complete with a pizza party with a judge. Further details can be found at colorado-
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civics.com. The deadline for teachers to sign up for a volunteer attorney visit is February 29. Contact Meghan Bush at mbush@cobar.org for more information.
February Barristers After Hours — Thursday, Feb. 18 Join your fellow DBA members and the Young Commercial Realtors Division for Barristers After Hours at the Wynkoop Brewery from 5:30 to 7 p.m. Free drinks and appetizers will be provided. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.
February Coffee Talk Cle Program: The Clean Power Plan — Thursday, Feb. 25 Matt Larson, regulatory attorney at Wilkinson Barker Knauer LLP, will provide an overview of the recently finalized Clean Power Plan. The EPA rule regulating carbon dioxide emissions from power plants has already proven controversial, resulting in litigation over its legality and a public and legal dispute between Colo-
rado’s Governor and Attorney General. Putting the politics aside, this presentation will address the structure of the Clean Power Plan, how EPA creates performance standards and CO2 emission goals, and the issues facing states, utilities, generators and other stakeholders as the process of complying with this far-reaching rule moves forward. One general CLE credit available. Coffee Talk programs are held on the fourth Thursday of the month from 8 to 9 a.m. at the DBA offices. The cost to attend is $5 for members and $20 for nonmembers. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.
CJI’s Straight Talk with Judges — Thursday, Feb. 25 The Colorado Judicial Institute and Wheeler Trigg O’Donnell will host an interactive CLE program on February 25 designed to promote education and interaction with some of Colorado’s top jurists and attorneys. Participants will be separated into small groups and will
rotate through their choice of seven topics from which they can gain insight from select judges and attorneys. The event will be held at Wheeler Trigg O’Donnell. Registration and networking opportunities begin at 5 p.m. with the program starting at 6 p.m. To register, call 303766-7501.
Colorado Law Alumni Awards Banquet — Thursday, March 9 Now in its 35th year, the Colorado Law Alumni Awards Banquet is the University of Colorado Law School’s signature alumni event, where we celebrate our community and present awards to our distinguished alumni. This year, we are honoring: Norman Brownstein (‘68) and Steven W. Farber (‘68); the Honor-
able Cory Gardner (‘01); the Honorable Marcia S. Krieger (‘79); Michelle M. Lucero (‘89); Paul and Norma and David and Jed Barash, parents and brothers of Daniel Barash (‘02); and Fiona Arnold. Please join us on March 9 at the Denver Center for the Performing Arts Seawell Grand Ballroom. For more information and to purchase tickets, please visit colorado.edu/law/banquet.
Dates on the DOCKET DBA MEETINGS
All DBA meetings are scheduled at 1900 Grant Street, Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, 303-824-5321, to schedule committee meetings so that they will appear in this calendar. FEB. 3 Joint Judicial Task Force 7:30–8:30 a.m. Call Heather Folker, 303-824-5350 Docket Committee Noon–1 p.m. Call Jessica Volz, 303-824-5336 FEB. 4 Lawyers and Schools Committee Noon–1 p.m. Call Meghan Bush, 303-824-5303
FEB. 8 Denver Access to Justice Committee Noon–1:30 p.m. Call Meghan Bush, 303-824-5303 FEB. 10 Professionalism Coordinating Councils Noon–1 p.m. Call Greg Martin, 303-824-5317
DBA Young Lawyers Division Council 6–7:30 p.m. Call Heather Folker, 303-824-5350
Awards Committee Noon–1 p.m. Call Heather Folker, 303-824-5350
FEB. 11 DBA Board of Trustees 7:30–9 a.m. Call Leah Achen, 303-824-5327 FEB. 16 Community Action Network Noon–1 p.m. Call Kate Schuster, 303-824-5312
FOR THE PUBLIC To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at 303-8245303. FEB. 3 Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call 303-295-9470 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. FEB. 9 Veterans Clinic Bill Daniels Veteran Services Center, 1247 Santa Fe Drive Noon–2 p.m.
Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m. FEB. 10 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. FEB. 16 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.
Family Law Clinic Office of Economic Development 1200 Federal Blvd. Room 1018 5:30–7 p.m. Call 720-944-2594
FEB. 17 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.
Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call 303-573-1302
LawLine 9 500 East Speer Blvd. 4–5:30 p.m. FEB. 24 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. February 2016 I The Docket
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Legal AFFAIRS GOOD THINGS Colorado Secretary of State Wayne Williams presented an award to John E. Moye for his outstanding service and dedication to the Secretary of State’s office over the years. Moye
CHANGES Davis Graham & Stubbs LLP has elected Mark Champoux and Sam Niebrugge as partners. Champoux has practiced in the firm’s trial department and Niebrugge is a member of the natural resources department. Welborn Sullivan Meck & Tooley, PC is pleased to welcome Laura Lindley to the firm. Her practice will focus on all aspects of oil and gas law and public lands. Berenbaum Weinshienk PC is pleased to Lindley announce that Griffin Bridgers has joined the firm as an associate. Bridgers is a tax, business and estate planning attorney. Coan, Payton & Payne, LLC is pleased to announce that R. Clay Bartlett and Jacob W. Paul have Bridgers been promoted to senior associates. Bartlett’s legal practice focuses on all aspects Bartlett of business and real estate transactions, as well as on entertainment law matters. Paul’s legal practice focuses on real estate, business and intellectual property litigation. Senn Visciano Canges PC is pleased to announce that Pamela O. Colquette has joined Paul the firm as a director. Colquette’s practice will continue to focus on real estate transactional matters. Welborn Sullivan Meck & Tooley, PC is pleased to welcome Sarah Sorum and Allison MacKinnon to the firm. Their practices will focus on oil and gas title and transactional matters. Elizabeth Francis has joined Sorum Caplan and Earnest’s litigation group. Her practice focuses primarily on employment-related litigation, where she has experiFrancis ence representing a variety of public and private clients involving claims of protected MacKinnon class discrimination, harassment, retaliation and breaches of employment agreements. Lewis, Bess, Williams & Weese is pleased to announce that Deborah Shinbein Howitt has joined the firm as a director and shareholder, and Austin Chambers has joined as an associate. Shinbein, Howitt and Chambers specialize in data privacy/
security law, intellectual property transactions, technology law and commercial agreements. Ryley Carlock & Applewhite is pleased to announce that Julie A. Rosen has been elected as shareholder. Rosen focuses her practice in the areas of environmental, energy resources and related litigation. Rosen Coan, Payton & Payne, LLC is pleased to announce that Steve Suneson has been promoted to an equity member of the firm. Suneson’s practice focuses on corporate law and international commercial transactions. Suneson Holland & Hart LLP announced that Leslie Boyles, Charles Cotter, Rebecca Schroer and Larry Tronco have been elected to the firm’s partnership. Boyles and Cotter practice as members of the firm’s corporate group; Schroer practices as a member of the tax group; and Tronco practices as a member of the intellectual property group. BakerHostetler announced that Mark S. Barron and Lyle A. Wallace were elected to the partnership. Barron is a member of the firm’s national energy team and assists clients in overcoming the regulatory and administrative hurdles attendant to completing mineral and resource development projects on public, private and tribal lands. Wallace is a member of the Business Group and serves as corporate counsel to clients in a variety of industries and as fund counsel to private equity and hedge fund clients. Welborn Sullivan Meck & Tooley, PC is pleased to announce that Scott Turner, Joseph Turner Pierzchala and Jennifer McDowell became shareholders of the firm. Erin Murphy has joined the trial department of Davis Graham & Stubbs LLP as an associate. Murphy’s practice will focus on commercial litigation and litigation counseling in natural resources, Pierzchala energy, public lands and environmental law. Askman Law LLC has expanded its office with the addition of a new member, Michael Frandina. Frandina will continue his general commercial litigation practice and McDowell Frandina will also assist in the firm’s environmental, tribal and natural resource practice areas. Squire Patton Boggs has expanded its environmental litigation and appellate capabilities with the addition of Brent Owen as associate in the firm’s global environmental, safety and health Owen practice. Montgomery Amatuzio Dusbabek Chase, LLP is pleased to announce that Kyle B. Joyce and Sean P. O’Connor have joined the firm as associate attorneys.
If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.
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Picture THIS AMERICAN BOARD OF TRIAL ADVOCATES JUDICIAL EXCELLENCE DINNER On November 6, 2015, the Colorado chapter of the American Board of Trial Advocates (ABOTA) presented its annual Judicial Excellence Award to the Honorable Carlos A. Samour, Jr. Judge Samour recently completed one of the lengthiest and most complicated criminal trials ever held in Colorado — the James Holmes Aurora theater shooting trial.
Judge Samour receiving the ABOTA Judicial Excellence Award.
DENVER HUMAN SERVICES AND DENVER JUVENILE COURT CELEBRATE 50 ADOPTIONS ON NATIONAL ADOPTION DAY On November 13, the Lindsey-Flanigan Courthouse was filled with joy, laughter, and even a few tears as 50 Denver children joined 32 permanent adoptive families during Denver’s 11th Annual National Adoption Day event. Denver Adoption Day is part of a nationwide effort to raise awareness about the more than 100,000 children in foster care who are waiting to The Honorable Stephen E. Howard sporting his enthusiasm for National Adoption Day.
find permanent, loving families. Since its inception, 570 children have been adopted during Denver’s adoption day events. “Adoption Day is a special event in Colorado where we celebrate children and families coming together to find their happily ever after,” said Colorado Supreme Court Justice Nancy E. Rice.
A particularly uplifting day at Lindsey-Flanigan Courthouse.
2015 National Adoption Day at Lindsey-Flanigan Courthouse. February 2016 I The Docket
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Picture THIS WRONGLY CONVICTED “CENTRAL PARK FIVE” DEFENDANT MAKES GIFT RENAMING CU-BOULDER’S INNOCENCE PROJECT After being exonerated in a high-profile case in which five New York City teenagers were wrongly convicted, Korey Wise pledged $190,000 in late 2015 to support the Innocence Project at the University of Colorado Law School. The Korey Wise Innocence Project, as it is will henceforth be called, is a student-
led volunteer program that investigates claims of wrongful convictions after traditional methods of appealing a conviction have failed. The Colorado chapter of the Innocence Project was founded in 2001 and moved to its current home at Colorado Law in 2010. Far Left: Korey Wise. Photo by Glenn Asakawa/University of Colorado. Left: Korey Wise shook hands with students after speaking at the University of Colorado Law School on September 10, 2015. Photo by Glenn Asakawa/University of Colorado.
DENVER BAR ASSOCIATION SENIORS HOLIDAY PARTY More than 50 DBA Seniors (age 65 or better) gathered at the CBA and DBA offices at noon on December 11 to catch up and celebrate the season. Attendees were treated to toast-worthy libations and a bountiful holiday buffet. Introductions were made, and a challenging quiz devised by Docket Editor Jessica Volz and Seniors Committee Chair Leonard P. Plank, peppered the lunch with a form of trivia induced suspense that could only be calmed by the prospect of 12 raffle prizes. CBA President Loren M. Brown and DBA President Janet S. Drake spoke of their ambitious plans for both associations. The event also served as a local bar visit.
A moveable feast took over the Executive Conference Room.
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Top: CBA President Loren M. Brown and DBA President Janet S. Drake addressing the group. Above: Seniors Committee Chair Leonard Plank quizzed the audience.
DBA Happenings
RECEPTION CELEBRATING DIANNE VAN VOORHEES On January 7, a reception was held at the Bar Associations’ offices in honor of Dianne Van Voorhees’s eight years of leadership as Metro Volunteer Lawyers’ executive director. The large gathering in attendance confirmed that Dianne’s charisma and unique sparkle touched the lives of many, inspiring attorneys from diverse practice areas to help those who require — but cannot afford — legal aid. The event featured a colorful spread of hors d’oeuvres on red velvet lined tables that escorted the eye to a chocolate fountain worthy of one of the Bar’s greatest stars. Patrick Flaherty, executive director of the Colorado and
Denver Bar Associations, Janet Drake, president of the Denver Bar Association, and Candace Whitaker, MVL board chair, gave short but poignant speeches about Dianne’s record of achievement and future plans as a part-time municipal court judge and solo practitioner. The assembly also welcomed Philip Lietaer as MVL’s new director, effective January 7. His demonstrated passion for MVL’s work and innovative ideas for the organization’s 50th year anniversary confirm that the organization’s care has passed into capable hands.
Far Left: Patrick Flaherty spoke of Dianne’s dedication to promoting a more equitable society. Left: MVL Board Chair Candace Whitaker presented Dianne Van Voorhees with an elegant bouquet. Top: MVL’s new director, Philip Lietaer, was introduced.
THE COLORADO WOMEN’S BAR ASSOCIATION HOLIDAY PARTY TO BENEFIT FAMILY TREE The CWBA Holiday Party was held at the Crawford Hill Mansion (the current home of Haddon, Morgan & Foreman, P.C.) on the evening of December 3, 2015. Mrs. Crawford Hill, the leader of Denver’s peerless “Sacred 36” at the turn of the 20th century, was known for her determination to keep Molly Brown out of Denver’s elite circle. The CWBA’s Holiday Party
was, in contrast, a visual testimony of inclusive growth and the rise of a thriving community of “unsinkable” women lawyers across generations. The event raised $2,300 for Family Tree. The recipient of the 2015 Mary Lathrop Award, CWBA Past President Helen Shreves, was also announced at the occasion.
Far Left: The CWBA Holiday Party was all about standing ovations. Left: CWBA Past President Helen Shreves.
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NOW THAT WE’VE MOVED UP,
LOOK WHO’S MOVING IN… STAY TUNED
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