2015 January

A Denver Bar Association Publication I 37 Issue 1 I January 2015

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10 15 18

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SEARCH ENGINE OPTIMIZATION SO YOU WANT TO BE A TALKING HEAD?

BECOMING A LEGAL COMMENTATOR

FIVE WAYS TO MARKET YOURSELF WITH AN INFOGRAPHIC

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

January 2015 I The Docket 3

INSIDE 6

From the President

9

Briefly

12

Why Content Relevance is Everything Online

13

One Attorney’s Professional Social Media Use

19

Marketing Through Malpractice

21

Meet New Denver County Court Judge Theresa A. Spahn

22

Justice Scalia Doesn’t Disappoint at 4th Annual Stephens Lecture

24

2015 Court Assignments

25

Ten Questions with Member Heather O’Donnell

26

Law Student Chronicles: The Halfway Point

IN EVERY ISSUE 30

Briefs

30

Bar Resources

31

Dates on the Docket

32

Legal Affairs

33

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: Courtney Gibb, cgibb@cobar.org Managing Editor: Heather Clark, hclark@cobar.org P.C. Editor: Chuck Turner, cturner@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: advertising@cobar.org The Docket Committee: Norman Beecher, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Paul F. Kennebeck, Keith Lewis, Lauren Lockard, 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, Gregory D. Rawlings, Judith Rosenblum, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker, Rachel Young.

DBA Officers: John M. Vaught, President; Janet S. Drake, President-Elect; Catherine A. Chan, First Vice President; Matthew S. Larson, Second Vice President; Daniel R. McCune, Immediate Past President; Daniel A. Sweetser, Treasurer; Chuck Turner, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Richard L. Gabriel, Nicholas Ghiselli, Franz Hardy, Barbara J. Mueller, Lucia C. Padilla, Gerald D. Pratt

Visit Blog:

Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for The Docket Committee’s consideration.

We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts, and practice management, in addition to opinion and satire pieces.

Please send ideas and member announcements to Editors Heather Clark at hclark@cobar.org or Courtney Gibb at cgibb@cobar.org.

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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.

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January 2015 I The Docket 5

FROM THE PRESIDENT

Now That Was A Party!

You have to make the next move. Join our ranks.

Participate in our activities. Become a leader— maybe even the President. After all, the most important criteria is a desire to serve and an expression of interest.”

B y J ohn M. Vaught As you may be aware, a new DBA initiative is dedicated to growing the Young Lawyer Divisions of the DBA and CBA by 15% before July 1, 2015. Members of the initiative, known as “15 x 15,” have worked tirelessly to develop and to market programs to meet that goal. Among those programs is a focus and development group known as the “Group of 33.” That group of members and non-members that formed in the early fall has helped to develop marketing materials (known as “iBelong”), formed the core of a telephone bank to call each new member of the bar to welcome them to the Denver brother and sisterhood of practicing lawyers, and helped the Board of Trustees to focus our resources to meet our membership goals and to make the bar more relevant to young and old alike.

Other programs are now being implemented. Last month, this article focused on the Bar Ambassador program, which kicked off Nov. 13, to identify members of the legal community to serve as Bar Ambassadors in each law firm in town and who will take responsibility for mentoring young lawyers within their firm about the value of membership in the bar—for example, leadership opportunities, networking, CLE, Casemaker (free legal research tool), Stratum (free office and meeting space for lawyers in the Bar offices, mentors, affiliation with others in your practice area, etc.). These ambassadors will recruit new members, and generally be responsible for communicating bar news to members of their firm. We at the DBA believe that the Bar Ambassador program will materially improve our ability to communicate with members and non-members about the advantages of bar membership.

Another important part of the 15 x 15 initiative was a reception at the recent swearing-in ceremony for out-of-state admittees. While CU and DU have always hosted wonderful

6 The Docket I January 2015

receptions for graduates following their swearing-in, graduates from out-of-state law firms have been overlooked. They simply had no place to take their families to help share their pride of accomplishment. 15 x 15 addressed the problem. This year’s out-of-state graduates who had just joined the Colorado Bar Association met at a restaurant near Boettcher Hall to celebrate an important event in their lives. And the DBA and CBA were there to make it happen.

Back to the party at Union Station. On November 13, 15 x 15 and the DBA and CBA hosted an incredible party. Promoted as “Come Belong to the Bar,” we booked the Gallery Space in Union Station and hosted well over 240 lawyers for a cocktail reception

Emma Garrison and Leia Ursery.

Kevin McReynolds, Jeffrey Land and Genevieve Michelle Sabotnik

that sold out in advance of the night’s activities—even with outside temperatures near zero. Sold Out! That is, we actually had to turn away members and non-members who wanted to join in on the fun. According to Chuck Turner, the retiring Executive Director of the CBA/DBA who has presided over the bar associations for 34 years (including lots of parties), it was the most wellattended reception in the history of the bar—a bar that dates to 1890. More than 150 members under 40 years old were among the 240-plus attendees. As I wandered through the party, I heard many voices saying a variation of the same thing: “I didn’t know the bar was this much fun!” Really? Why now? The answer is that the bar is highly relevant again. And we are fun. We are focused on the needs of younger members, including law students. More than that, we are about developing personal relationships. Come join the bar and we will introduce you to 9,000 members in the Denver legal community—9,000 people who will mentor you, support you, hire you and help your career be as meaningful as

you have dreamed. That is what we are about.

But you have to make the next move. Join our ranks. Participate in our activities. Become a leader—maybe even the President. After all, the most important criteria is a desire to serve and an expression of interest.

Come Belong to the Bar. Tell your friends “iBelong.” Our parties are the best! D John M. Vaught President, Denver Bar Association Email: dbapres@denbar.org

January 2015 I The Docket 7

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BRIEFLY “Your online reputation acts as a brief portfolio of your success in the legal field. Track and respond to negative reviews to keep this portfolio working for you.”

—Attorney Jacob Sapochnick, author of enchantinglawyer.com

{What?} Rolling Stones Rockers are older, on average, than

Justices of the Supreme Court. Yes, you read that correctly: The average age of the four living members of the Rolling Stones is 68 years and 297 days, while the average age of the justices is 66 years and 364 days. bit.ly/1I4DzzF

5 easy steps to start your own marketing plan: 1. Put it in writing. Describe yourself to potential clients.

What can you do for them?

2. Turn up your social media game. Brand yourself online.

3. Join something. Become more active with the DBA!

4. Keep track. Organize your contacts and check in with them.

5. Get out of the office! Network IRL (in real life). bit.ly/12s2agR

Docket Blog Comments: “Judge Gabriel: This is a brilliant list. Although this may appear selfserving from me as CAMP Director, I would add an 11th Tip. Get as many mentors as you can!

Hopefully you will get lucky and get a mentor like Judge Gabriel.”

—John Baker, in response to “10 Tips to Win at Life (In the Legal Profession)”

January 2015 I The Docket 9

SEARCH ENGINE OPTIMIZATION B y M. Dav id J ohns on

D

uring the last few years practicing family law, some lawyers have left our firm to start their own practice. Each time I ask, “How are you going to get clients?” Their response is typically along the lines of “I’ve got a friend who designs webpages.” Sounds great, but I won’t be worrying about you as a competitor any time soon.

Starting your own practice is an enormous undertaking.

There are so many things to juggle, and so many ways to screw it up. The time needed to create the structures and processes to sustain a viable practice can suck the life out of a new lawyer.

But one of the often overlooked aspects of any new practice is a marketing plan.

Throwing up a website your neighbor Bob designs doesn’t constitute a marketing plan. It will lead to failure. Perhaps your practice can sustain itself on referrals, but more often than not, a law practice needs a supplemental source of future clients.

Like so much about practicing law, law school has taught us nothing about marketing our practices. No one takes a marketing class in law school, and there are no “HTML5 for lawyers” programs that I’m aware of. And yet, for those individuals who crave the independence and potential success of starting a practice, marketing, website development, search engine optimization (SEO), and client services are essential.

10 The Docket I January 2015

Today, the most important part of a marketing plan is your Web strategy. The basic path to a successful website presence is: • • • • •

“

Develop a relevant, helpful website Optimize that site for your search terms Establish secondary pages on social media sites Build quality links to your site Update your content regularly by blogging or other means

A new website must be optimized with keywords that potential clients use to find services like yours. If it’s not, Google may think you sell shoes and start ranking you for that.”

Unless your neighbor Bob has a background in developing websites optimized for Google search, not only are you wasting your time, but you’re probably setting yourself back. A new website must be optimized with keywords that potential clients use to find services like yours. If it’s not, Google may think you sell shoes and start ranking you for that. It may be very difficult, later, to convince them you offer bankruptcy help.

Optimizing a website with keywords is highly technical.

There was a time when keyword density on each page—that is, how many times your keywords occurred in the text on each

I’ve been chasing organic search results for many years. My contacts in the industry, even as recently as last week, tell me the best way to improve your organic search results is to put up a high-quality, useful website. Make sure you focus your content on answering user questions, they say.

Google anticipates users will quickly move to natural language searches, such as, “who's the best criminal defense lawyer in town?” or “I need a personal injury lawyer who offers free consultations.” If you haven’t tried out one of these searches, try it now. See what your results are. Do the top organic results displayed answer your question? Google’s hope is that they do.

So, how does a law firm move up in organic search results in the world of natural language searches? While keywords are still important, fresh content, and site history are increasingly

“

Google anticipates users will quickly move to natural language searches, such as, “who’s the best criminal defense lawyer in town?” or “I need a personal injury lawyer who offers free consultations.”

important factors for Google. Your credibility as a site continues to be a huge factor.

In a recent survey of SEO executives, more than half (57%) say quality content creation is one of the most effective SEO strategies employed by their company. Other effective tactics include: page—was very important. But this “on-site” optimization is not as favored by Google anymore.

As Google has become more sophisticated with its search algorithms, tricks like keyword density, meta-tags (hidden text on the page) and link campaigns have moved down the list of effective strategies. Instead, natural search language is all the rage.

No one knows exactly how Google’s search algorithm works.

Google regularly updates its algorithm with new strategies for delivering relevant content to users. SEO companies are constantly adjusting services in response to these updates. An SEO team with the capability to stay educated on these updates is critical. Trying to stay on top of it in-house is almost always a waste of money.

Since no one knows how the algorithm works, the range of promises SEO companies make is broad, indeed, and should be viewed with skepticism. The reality is they simply don't know how it works. Anyone who tells you otherwise is lying.

• • • •

Keyword management (47%) Frequent updates (37%) Social media integration (32%) Frequent blogging (28%)

Mobile and local search optimization, two relatively new tactics, are also cited by 17% and 9% of respondents, respectively, as important strategies.

Doing nothing gets you nowhere. Doing the wrong thing lands you on page 100. Doing the right thing, over a period of time, will get you to page one. You need to commit to having an honest page; one that provides useful information to the searcher. It will take Google time to notice, but sooner or later you will see progress. D M. David Johnson is the managing partner of the Johnson Marquez Legal Group, a Colorado family law firm. Johnson has practiced family law for 20 years and oversees the firm’s marketing program.

He is also the author of “Looking? How Technology is Changing Modern Relationships,” set for publication in early 2015.

Hugh Fennyman: So what do we do?

Philip Henslowe: Nothing. Strangely enough, it all turns out well.

Hugh Fennyman: How? Philip Henslowe: I don't know. It’s a mystery.

Shakespeare in Love, 1998.

January 2015 I The Docket 11

ent though. In any event, the CLR had content relevant to something Google thought people were searching for. Ultimately, the CLR provided relevant and accessible content people could discover.

Having created and authored a single legal website, I feel qualified to propound the following opinions, which, if subjected to a Rule of Evidence 702 challenge, would be admitted because the objection goes to weight not admissibility:

Why Content Relevance is Everything Online B y Ja s on C . A stle “After I finished watching a puppy versus stairs video, I saw a link to a construction defect blog and I was really glad I did," said no client ever.

Clients do not find lawyers randomly.

The highest traffic days my blog the Colorado Litigation Report (CLR) ever received were directly related to a matter of public interest generating a lot of searches—Supreme Court Justice retention. Two years ago, when Justice Coats was up for retention, the CLR had more than 500 visits in one day. During the week of Oct. 20, 2014, it hit almost 900 views and had more than 700 visitors. But it was CLR’s website that drove traffic, not the peripheral social media accounts that pushed its content out. The CLR’s Facebook page got about 10 views a day (about eight more than normal). The Twitter account did not get re-tweeted.

The Google+ account ... well, I have one.

So there’s that.

12 The Docket I January 2015

The day after the election, CLR traffic dropped back down to its average of about 50 visitors a day. My lesson—content relevance is everything. Yes, frequent original content does drive your Google page to rank higher. But people search for specific information. You either have it or you don’t. I know, because my Wordpress platform shows me the search terms that brought people to my site. You would (not) be surprised at how many people searched for “[name of Justice] political religious views.” Maybe they found the CLR because I have a dedicated page to each justice, listing all the issues they would have granted certiorari to review, had the court granted the writ.

The CLR may possibly have offered insight into whether one should vote to retain a justice. It was not, however, written with that in mind. I thought those justice-specific pages would be relevant to appellate attorneys researching whether the Court might take up their issue. Perhaps the two are not so differ-

1. Search hits are more important than followers when it comes to legal blogs on the local scale.

2. Relevant content is that which is relevant to the searcher, not the searchee.

3. Attention-getting devices work— how many videos have you clicked on because the title was something like “I did something sort of ordinary but you will never guess what happened next...”?

4. Things that bore you will also bore other people, even if they are very helpful and informative. How many times have you visited the Colorado Supreme Court’s YouTube channel?

You didn’t know it had one, did you?

5. Social media accounts such as Twitter, Facebook and LinkedIn are necessary but not sufficient to engage interest in the legal services you offer.

Relevant and accessible content is what an audience searches for and values when found. For that, you need a blog. D As an attorney for Colorado law firm Springer and Steinb e r g , P. C . , Ja s o n C. A stle handles a variety of civil and commercial litigation matters, including personal injury, civil appeals, business and employment law. He is also a member of the Board of Directors of two organizations, both focused on education: The Jeffco Schools Foundation and Opportunity Africa.

ONE ATTORNEY’S PROFESSIONAL SOCIAL MEDIA USE B y Nanc y R od ge rs I like Twitter, Facebook, and LinkedIn. I’m not hooked to my social media sites, like some, but I probably use social media more than others in our profession. I am following #hashtags on certain topics, watch videos posted on YouTube on a variety of subjects, search blogs for information, and listen to podcasts (all right, so podcasts aren’t social media, but they, as well as social media sites,

I share, but I try to regularly post items of interest on both LinkedIn and Twitter.

There is strong marketing potential with social media sites. For me, social media is a way to not only gain information about my areas of practice, but also build connections with other lawyers, potential clients, current clients, and former clients. Just like the well-timed social outing, you never know when a post on social media is going to trigger a call for legal services.

“Social media is a way to not only gain information about my areas of practice, but also build connections with other lawyers, potential clients, current clients, and former clients.” are part of the “new media” revolution).

Approximately 50% of my total social media use is professional.

Although I use many different platforms to gain information, I use Twitter and LinkedIn to communicate about my professional endeavours (with the occasional personal tweet). I use Facebook to communicate about my personal life (with the occasional legal-related post). My social media use started out as little more than a hobby. However, when my clients began asking about the legal implications of social media in the workplace or between citizens and their local government, my “hobby” became part of my practice. Some topical areas of my practice are also active Twitter topics, including municipal broadband, workplace discrimination, and public employees’ First Amendment rights.

Further, I can find specific law-related groups on LinkedIn, such as an international group for franchise attorneys.

Social media helps me follow trends in many of the areas of my practice. I say “helps” because it is just one resource I use, in addition to journals, CLEs, conferences, and in-person participation in local organization.

I gain more from social media than

Working at a small firm that tends to represent companies or governmental entities, our marketing plan for social media looks different than the marketing plan for a large firm or a firm that represents individuals. Further, even within our firm, there is a range of social media use, from the “non-user” to the “profileonly” to the “active users.” The goals are different for each user.

I understand that there are people of all ages who either avoid social media all together, use it for purely personal reasons, or have only the obligatory LinkedIn site for professional use. It’s not for everyone. For those attorneys who are using social media and using it well and frequently, thank you. I appreciate the information you compile and share through social media, either through a post, Tweet, blog, or newsletter. For those who are considering using social media or expanding your use, it is important to first assess your goals and social media’s potential role in reaching those goals. There are many ways to be actively engaged in social media, but you want to make sure your use is

congruent to your goals and practical as far as time and resources. If you work in an office with a marketing department, use them. If you have time to be professionally committed and active on just one site, stick to that site.

One last piece of advice: this is still an emerging marketing tool, so tread carefully. Ethical rules regarding solicitation, the creation of an attorney–client relationship, and the provision of legal advice can still apply to an interaction on social media. Happy posting! D Nancy Rodgers Partner, Kissinger & Fellman, P.C. Twitter—@rodgdog72 LinkedIn—linkedin.com/in/nancyrodgers1/ Nancy Rodgers is a partner with Kissinger & Fellman, P.C. and works regularly with private and public entities on the impact of social media in the workplace.

January 2015 I The Docket 13

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SO YOU WANT TO BE A TALKING HEAD! Becoming a Legal Commentator B y K aren S teinh au s e r I have been fortunate over the many years of my career to serve as a legal commentator to local, national, and international media organizations in a number of different areas, particularly having to do with criminal law.

I enjoy working with the media, and believe that we as lawyers have an obligation to help educate the public about the issues that appear in the media. Keep in mind that most of the public knows nothing about the legal system, other than what they see on TV, which is somewhat scary. As a legal commentator,

we have the opportunity to help the general public understand what is happening in the courtroom, why lawyers are doing what they are doing, what judges are looking for, what judges base their rulings on, etc. Believe it or not, many people really do believe what they hear/see on TV, on the radio, and in print, which is why it is so important for us to get it right, do it right, and be a great representative of the legal community.

January 2015 I The Docket 15

{

“I enjoy working with the media, and believe that we as lawyers have an obligation to help educate the public about the issues that appear in the media.”

FIRST, LET ME DEBUNK SOME MYTHS ABOUT LEGAL COMMENTATORS. Very few lawyers who are “talking heads” ever get paid by the media. Reporters know that there are hundreds of lawyers out there who are happy to give quotes for free, just for the publicity. Therefore, unless the media is looking to have a relationship with just one legal commentator exclusively, we don’t get paid. If a person is getting paid, the general understanding is that the commentator will be exclusive to that one media outlet.

Second, do not look at being a legal commentator as a marketing tool in terms of attracting new business from people reading your quotes or seeing you on the news. Being a commentator can be a reminder to people that you are out there, or perhaps can add credibility—because generally people think that if the media quotes a lawyer, that lawyer must know more than other lawyers who aren’t quoted. However, it is not a business builder.

Generally, the only people who have contacted me about representing them solely based on seeing me on TV or quoted in the papers, are prisoners who want me to take their cases because they are “innocent.”

3.

2.

16 The Docket I January 2015

year, amendments to the rules of evidence, procedure, and so on, to make sure that I am up to speed on everything. I may think that I know what a rule of procedure says, but I never speak to the media without double-checking.

Be prepared. Don’t feel the need to answer a reporter’s questions the minute you get the call. There is nothing wrong with saying that you need to call them back (within a short period of time). Ask the reporter specifically what it is that they are wanting from you.

Before you call them back, read the court filings, or look at other news articles on the subject. Google the issue and see what’s out there. Make sure that when you call the reporter back, you absolutely know and understand what the issue is and have time to think about how you are going to answer the question.

4. Be available and return calls as soon as possible.

Make sure reporters have your cell and work phone and check your messages! Understand that reporters are always on deadline. Ask what their deadline is so that you know when it is that you need to respond.

Keep in mind that when a reporter leaves a message for you, they are not sitting around waiting for you to return their call. They are calling other lawyers to find someone who is available sooner rather than later.

HERE ARE MY SUGGESTIONS TO BECOMING A TRUSTED LEGAL SOURCE FOR THE MEDIA. 1. Build relationships. Often, reporters have no clue who to call about an issue. When I was in the District Attorney’s Office, my name was mentioned in a newspaper because I was handling a particular case.

I started getting calls because people saw my name and figured it was a place to start. You may see a story in the paper about an issue dealing with a particular area of law that you are familiar with. There is nothing wrong with emailing the reporter and introducing yourself as someone who has knowledge about that area of law. If you have written an article about that area, send it to the reporter, give them your background, and let him or her know that you are available if they have any questions in general, or if they wanted to quote you on something pertaining to the topic. You may even offer to meet the reporter for coffee. The same is true even if you don’t see a particular story. If you know that there is a reporter who covers a certain area, whether it’s education law, or the courts, or elections, etc., you should feel free to contact that reporter and introduce yourself. Your number then gets put into a reporter’s contacts and they know that they can contact you for help when an issue comes up.

Be knowledgeable. Although I have been practicing law for 33 years, there are still many things I don’t know, even in the various areas I have practiced. I am continually looking at changes in the laws every

{

“Keep in mind that when a reporter leaves a message for you, they are not sitting around waiting for you to return their call. They are calling other lawyers to find someone who is available sooner rather than later.”

5. Always assume everything is on the record… because most of the time it is. Once you have estab-

6.

lished a relationship with a reporter, and trust is built up, there is nothing wrong with asking if something can be off the record. Wait until the reporter actually responds that it is off the record, before saying something you might regret if you see it in print the next day.

Learn how to talk in sound bites. Sound bites are 10 seconds or less. Reporters are looking for quotes that sell stories, that sound good, that don’t take up too much time or space, and that they can easily edit. We lawyers have a tendency to ramble on a bit, so practice speaking in sound bites. Speaking in plain English is more important than being able to explain an issue

7.

8.

in legalese. A legal analyst is valuable to the media because we can help them understand the significance of certain motions or developments in a case.

Also, there are often cases where there is a gag order and the attorneys in the case are not able to speak to the reporters or they are unwilling to do so. The reporter still needs quotes to break up the monotony of describing to the public what happened in court.

Legal analysts are especially valuable to the media in filling that gap.

Be someone who reporters trust. A reporter has to know that whoever they are quoting knows what they are talking about. Be credible. Reporters love people who teach classes, or who have had similar cases, similar clients, or who write articles about the particular subject. The more expertise the reporters feel you have in a particular area, the more they are willing to call you. Reporters also respect people who admit that they don’t know something. There is nothing wrong with telling a reporter that you don’t know the answer to a question, but that you will call them back with the right answer, or find out the name of someone that they can call who will know the answer. Commentators develop reputations like courtroom lawyers do.

Media is a competitive market and sometimes you see stories where lawyers take one side or the other. I will tell you that the lawyers who take sides and make arguments about who should win are not the people who get called most often to be legal commentators.

They get called to entertain the public. I do not feel that our role as a commentator should be to take sides. Our role should be to educate the reporter and educate the public about the legal issues in a case.

Maintain your credibility as a lawyer. I also don’t

think it should be our role to criticize other lawyers, a judge, or other parties in a case. Again, the lawyers who do that are the ones who get called to entertain the public, not to educate the public. It is not fair for us to criticize people in cases that we generally know nothing about, except for what we also get from the media. It doesn’t help our credibility as a commentator or as an attorney, and I frankly think it’s unprofessional.

Being a legal commentator is really a great “job,” particularly for those of us who truly believe in helping educate the public about our profession, and the issues we encounter as lawyers. Just understand that it takes a lot of time, preparation and work to do it in a way that honors our profession, as opposed to being one more example of something that provides more ammunition for yet another lawyer joke. D Karen Steinhauser is a trial lawyer and owner of The Law Office of Karen Steinhauser, LLC, focusing primarily in the area of adult and juvenile criminal defense and family law. Karen serves as an adjunct professor at DU Law School, where she teaches Evidence and Trial Advocacy, and is also an instructor for the National Institute for Trial Advocacy.

Karen also serves as the legal analyst for CBS4 in Denver, and as a legal commentator for national and international media.

DENVER LITIGATORS

www.ColMediators.org January 2015 I The Docket 17

18 The Docket I January 2015

B y C r a ig E le y

ack when I was a practicing workers’ compensation attorney, I represented a very pleasant woman who had the misfortune of having been injured on the job. The case went along for a few years in normal fashion, and then it came time to discuss settlement with the workers’ compensation insurance company.

Now, Colorado workers’ compensation benefits are subject to what are called “caps.” Caps are the maximum amount of money an injured worker can recover for permanent impairment. Incongruously, sometimes this means that the more seriously a worker is injured, the less money he or she can receive for any resulting permanent impairment. When pondering this bizarre reality, it is sometimes helpful (although perhaps not comforting) for those of us in the workers’ compensation community to remember that Franz Kafka’s day job was as a clerk in a workers’ compensation bureau. Thus, when he wasn’t writing about labyrinthine bureaucracies he was contributing to them.

To illustrate this bass ackwards legislative scheme, let us start with the knowledge that the cap was, at the time of this

story, $60,000. This was the maximum aggregate amount an injured worker could receive in benefits for the combined total of temporary total disability (lost time from work while recovering) and permanent impairment (compensation for loss of function into the future).

If an injured worker was off work for six months while recovering, the worker would run through perhaps $19,000 in temporary benefits, depending on the rate of pay at the time of the injury. This would leave $41,000 available under the cap for the payment of permanent impairment benefits. For workers with a minor to moderate degree of residual permanent impairment, the amount remaining under the cap would be sufficient to satisfy the impairment award.

If that same worker was more severely injured, and spent January 2015 I The Docket 19

18 months unable to work while recovering, the temporary disability paid would amount to $54,000. This would leave only $6,000 under the cap to cover what would likely be a higher degree of permanent impairment. In many such cases, the remaining amount under the cap was inadequate to pay the worker what the law would normally have provided but for the benefits cap. Equally inadequate would be the words the attorney could find to explain this inequity to the injured worker.

If a worker had a very high degree of permanent impairment, the cap would double, but this was no solace to those who were unfortunate enough to be left only highly impaired rather than severely impaired.

Lest the reader be left with the impression that the Colorado legislation was heartless in this matter, it should be noted that it only allowed this state of affairs to exist for a decade and a half, after which it ameliorated the situation somewhat by indexing the caps to the cost of living. And the courts? They ruled that if a compensation scheme is generally fair to most, it doesn’t matter if it is unfair to some.

Through my diligent efforts, my client had been directed to a physician who gave her an impairment rating that was high enough to bring her to within $5,000 of the $60,000 benefit cap. The insurance company was grudgingly prepared to pay this, because, as a practical matter, it had no choice. But I thought I could, by requesting a hearing to try to increase the impairment rating, try to squeeze out of the insurance carrier that last $5,000 remaining before the cap.

Through my less than diligent efforts, however, I missed the deadline for applying for a hearing. I therefore had lost my bargaining chip, and both sides were stuck with the existing impairment rating.

When the check came in and I settled up with my client, I noted on the statement that I had reduced my fee by $5,000. I explained the circumstances surrounding the reduction, telling her that although there was no guarantee that I would have been successful in soaking the carrier for another $5,000, through my inadvertence I had guaranteed that I would not even be able to make the argument. The client had difficulty with the concept at first, but asked a number of questions until I was satisfied that she understood the situation.

Three months later, a new client hired me. When I asked how he had heard of me, he mentioned that the former client was his mother-in-law. He told me that she told him that any attorney who would admit he made a mistake and would reduce his fee to make up for it must be an honest (she did not say “diligent”) lawyer. Over the next decade I ended up representing her husband, a cousin, two children, and other hangers-on whose relationships I couldn’t figure out. It turned out to be the best $5,000 I ever spent.

The standard most of us use to judge a restaurant also applies to lawyers—it’s not so much that you make a mistake, but how you deal with that mistake that is important.

I learned that marketing begins with how you treat the clients you already have. As a young lawyer, I spent a few years working with Dick Spriggs, a prosecutor and former Denver District Court judge. He once passed on to me his simple formula for avoiding problems as an attorney: “Don’t steal from your cli-

20 The Docket I January 2015

“The standard most of us use to judge a restaurant also applies to lawyers — it’s not so much that you make a mistake, but how you deal with that mistake that is important.”

ents, always return phone calls, and never, ever lie to the Rocky Mountain News!” Well, we don’t need to worry about the third factor anymore, and most of us would never violate the first. So let’s keep plugging away at those phone messages, OK? D

Craig Eley is an administrative law judge who now screws up other lawyers’ cases rather than his own. He can be reached at craig.eley@ state.co.us.

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MEET NEW DENVER COUNTY COURT JUDGE THERESA A. SPAHN “Spahn is very excited to be a Judicial Officer in Denver because she has strong ties to this community.”

Judge Theresa Spahn B y A lis on R uggie ro Jud ge T heres a A . S pahn was recently appointed to the Denver County Court and began presiding over the County Court protection order docket in October. I had the pleasure of interviewing her after her second week on the bench as a Denver County Court judge. However, Spahn is not new to ser ving as a judicial officer. She served as a District Court Magistrate in Adams County for more than seven years. While there, she presided over domestic, dependency and neglect, adoption and other juvenile and criminal cases. When she was part of the Magistrate Retention Review, she received a 97% approval rate.

When I first met Judge Spahn, I was struck by her kindness, compassion, and desire to make a difference in people’s lives. Spahn expressed that she felt blessed to have had a successful and meaningful legal career. She also said that surprisingly, prior to beginning her legal career, she never would have guessed that she would become an attorney.

Spahn grew up in a working class

neighborhood in Denver near the border of Adams County. The people in her community inspired her to further her education and ultimately obtain her law degree. Spahn graduated from Metropolitan State College—the first member in her family to obtain a college degree. She received her J.D. degree from the University of Denver Sturm College of Law. Spahn is excited to be a judicial officer in Denver because she has strong ties to this community.

Spahn has extensive legal experience both on the bench and as a Deputy District Attorney.

As a District Attorney, she served as a Felony Trial Deputy, prosecuting all levels of felony charges. Additionally, Spahn worked as a district attorney in Mesa County specializing in Crimes Against Children.

One of the most challenging and rewarding positions in her career thus far was acting as the founding Executive Director of the Colorado Office of the Child’s Representative (OCR). Spahn helped build this state agenc y from the ground up. OCR provides children in Colorado courts with attorney representation in matters such as dependency and neglect, domestic relations, and juvenile delinquency. As Director of OCR, Spahn oversaw attorneys throughout the state of Colorado and managed an $18 million budget. She raised the practice standards for attorneys and assisted in the advancement of child-friendly laws and policies on both the state and national levels.

Spahn has also worked in private practice. Most recently, she was

a partner at Wedgle & Spahn, where she practiced family law litigation, criminal law, and dispute resolution including mediation, arbitration and special master work. Ultimately, she missed serving on the bench and desired to resume her work as a judicial officer.

Spahn feels very fortunate that her legal career led to her current appointment as a Denver County Court judge. She is thrilled to be a judicial officer in Denver because “it truly is the people’s court.” The people coming into her courtroom come from all walks of life. She enjoys having the opportunity to work with a culturally and ethnically diverse community.

For the attorneys practicing in her courtroom, she gives the following advice: be prepared and be on time. Her docket is extremely busy.

Currently, she is hearing Protection Order cases all day, every day. The issues range from domestic violence to neighbors having disputes. Spahn is excited to be back on the bench making decisions and presiding over matters.

In her free time, she enjoys being with her family and friends. Spahn also enjoys being active and spending time in nature. D Alison practiced as a licensed social worker for more than six years working in the areas of domestic violence and with children experiencing developmental delays. Her work with children and families led her to pursue a legal career where she could continue to make a difference in people’s lives. Alison received her J.D. degree from the University of Denver Sturm College of Law.

January 2015 I The Docket 21

Justice Scalia Doesn’t Disappoint at 4th Annual Stephens Lecture B y D oug McQ uist on

T

he University of Colorado L aw School hosted its highly regarded, annual John Paul Stevens Lecture on Constitutional Law, through its Byron R. White Center for the Study of American Constitutional Law in Boulder, on Oct. 1. There have been four such lectures since its inception and this year’s was likely the most provocative: Justice Antonin Scalia.

With more than 1,500 people in attendance and having been lucky enough to score a ticket, I was hoping for biting wit, provocative thought, and a no-holds-barred approach.

Justice Scalia did not disappoint. It’s hard to imagine a speaker as different from the namesake of the lecture series, John Paul Stevens.

Scalia even mentioned at the outset that Stevens “would agree with nothing” he was about to say. Then, it was straight down to business, Nino-style.

Justice Scalia is undeniably a force in American jurisprudence. He matches

Justice Scalia

sion. His reverence for the Constitution is unparalleled. But despite a towering intellect, he doesn’t seem to take himself too seriously. He clearly has fun on the job, too.

As The Docket’s token conservative, of course I found myself agreeing with just about everything he said. But to my

“Justice Scalia is undeniably a force in American jurisprudence. He matches an encyclopedic knowledge of the Constitution and its noble history, with a crystalline clarity of thought and expression.” an encyclopedic knowledge of the Constitution and its noble history, with a crystalline clarity of thought and expres-

22 The Docket I January 2015

surprise, Scalia got abundant laughs and applause even in what (to be kind), was a “tough room” for someone of his view-

point: CU-Boulder’s Macky Auditorium.

He talked about the timeless struggle between those who view the Constitution as a “living document,” subject to broad interpretation, and evolution, depending on what seems fair at the time, and those who, like him, see it as a “super law,” immutable in meaning, intended by the Founders to be strictly applied based on the meaning of the words they used, in the context of when they used them to write and ratify the law.

An “originalist,” Scalia explained, does not attempt to divine the intent of the Founders. He said he “couldn’t begin to know” what was in the minds of the writers of the Constitution, or the minds of the state legislators who ratified the

document. Instead, he focuses on the words, applying the meaning they had at the time the Constitution was ratified.

The document, like any law, means what it says. It does not “evolve.” It can only be changed by amendment, not just by what a judge might “wish it” to mean.

He admitted the “living Constitution” approach is “seductive” to judges.

It appeals to their desire to be “fair.” But taken to its end, this approach inevitably results in loss of liberty. In his view, a Court that can “find” new rights that have evolved in the Constitution can just as easily erode our rights if they feel they are no longer amenable to our evolved modern life. He cautioned that if judges can decide cases on what they “think the Constitution ought to be,” we “might as well not have a Constitution.” If it can be made to mean anything, he contended, in the end it will mean nothing. Scalia believes the Founders created the Constitution as a bulwark against what they saw as that irresistible tendency of government to expand to dangerous levels of power.

Of course, the “living Constitutionalists” deny they are misusing the Constitution to “create” new government powers, or to either “find” or limit individual rights based on current ideas of fairness. His ideological adversaries on the Court would argue that they are merely applying the Constitution to 21st century issues by interpreting the words of the Constitution according to modern standards. This, they contend, allows the Constitution to evolve as America has evolved.

Justice Scalia answered this contention. “An originalist,” Scalia said, “unlike the living Constitutionalist,” understands that “not everything bad is unconstitutional.” He understands that the Supreme Court’s job is not to “right all wrongs” or serve as final arbiters of fairness. An originalist constrains his approach to deciding how the language of the Constitution applies to the given fact pattern brought before it. He said an originalist merely has to “figure out” how the wording of the First Amendment might apply to new technology or new social or political issues. If there is no clear wording in the document? Then, he said, “you take your best shot. Origi-

“Clearly, the Justices understand that even strident disagreement need not be “uncivil.” In fact, it is that disagreement, the high tension between competing viewpoints on the bench, that in his view keeps the Constitution powerful.” nalists can have fun, too!”

He sees the originalist approach as neither “conservative” nor “liberal,” illustrating his point with a story. He reminded the audience that he was the fifth vote in favor of an individual’s contention that burning an American flag he owned was “protected speech” under the First Amendment. The conservative critics of that decision included his own wife; the day after the decision was announced, he came down for breakfast to hear her sardonically humming “It’s a Grand Old Flag.”

During questions, Scalia’s acerbic wit continued to shine. He declined to answer a question on Colorado’s legalization of recreational marijuana. He dryly pointed out that he “couldn’t comment” because then he’d “have to recuse” himself. Yet in the next breath, he looked at the questioner with a wry smile, and said, “but there is something known as the Supremacy Clause.” The audience erupted in laughter and applause.

Another questioner asked Scalia whether he thought his sharply-worded dissents caused a “decline in civility” among the justices. His answer?

“No.” When the laughter died down, he reminded the questioner that the justice with whom he most frequently (and vehemently) disagrees, Justice Ruth Bader Ginsburg, remains his best friend on the Court. Clearly, the justices understand that even strident disagreement need not be “uncivil.” In fact, it is that disagreement , the hig h tension between competing view-

points on the bench, that in his view keeps the Constitution powerful.

Though he is clearly in the minority as a true Originalist, and even voiced doubt that his view would survive the long march of the judiciary toward the “living Constitution” approach, he cheerfully bears the burden of continuing the fight to the very end. Love him or hate him, his “Happy Warrior” approach to his work is inspiring.

It was also refreshing that with universities across the country terrified to host any speakers who might be perceived as conservative, (and thus definitionally offensive to the liberal apparatchiki riddling academia today*), that my alma mater had the grit to bring Justice Scalia to the Stephens Lecture series and turn him loose. It made me proud to be a “Buff.” D *my opinion

Doug McQuiston has been a lawyer in Colorado for more than 30 years. He received his BA, 1977, and JD, 1981 from the University of Colorado. He is a member, contributing writer, and past chair of The Docket Committee.

January 2015 I The Docket 23

2015 Denver District Court Assignments Denver City and County Building Courtroom Assignment 259 203 209 215 280 269 414 424 409 275 376 311 309 303 331 316

Lindsey–Flanigan Courthouse 5H 5B 4H 4G 5D 5A 5G 5C

Phone

Judge

720-337-0499 720-337-0663 720-337-0655 720-337-0651 720-337-0671 720-337-0659 720-337-0696 720-337-0667

Hon. Kenneth M. Laff Hon. Elizabeth A. Starrs Hon. Sheila A. Rappaport Hon. Ann B. Frick Hon. Martin F. Egelhoff, Presiding Hon. Edward D. Bronfin Hon. Brian Whitney Hon. J. Eric Elliff

Civil 720-865-8302 Civil 720-865-8306 Civil Civil 720-865-8308 Civil 720-865-8305 Civil 720-865-8303 Civil 720-865-9410 Civil 720-865-8612 Civil 720-865-8613 Civil 720-865-8614 Civil 720-865-8611 Domestic Relations 720-865-9260 Domestic Relations 720-865-9220 Domestic Relations 720-865-8610 Domestic Relations 720-865-9280 Domestic Relations 720-865-9066 Criminal Criminal Criminal Criminal Criminal Criminal Criminal Criminal

Hon. Michael A. Martinez, Chief Judge Hon. John W. Madden IV Hon. Morris B. Hoffman, Presiding Hon. Andrew P. McCallin Hon. Catherine A. Lemon Hon. Shelley I. Gilman Hon. Karen L. Brody Hon. A. Bruce Jones Hon. Michael J. Vallejos Hon. R. Michael Mullins* Hon. Herbert L. Stern III* Hon. Robert L. McGahey, Jr., Presiding Hon. William D. Robbins Hon. Kandace C. Gerdes* Hon. Ross B.H. Buchanan* Magistrate, Karen Hubler

*These judges will rotate assignments, effective July 1, 2015. Judges Mullins (Courtroom 331) and Stern (Courtroom 303) to Domestic Relations and Judges Gerdes (Courtroom 376) and Buchanan (Courtroom 275) to Civil. Domestic Relations terms will be 18 months duration beginning January 13, 2015.

2015 Denver County Court Assignments Courtroom Assignment Denver City and County Building

Phone

Judge

108, Presiding Judge Office 720-865-7870 John Marcucci, Presiding 104 Civil 720-337-7285 Magistrate, Alan Bucholtz, M, T, W Magistrate, Th and every other W 159 Civil 720-337-7285 Hon. Clarisse Gonzales Mangnall 170 Civil 720-337-7275 Hon. Theresa Spahn 175 Civil 720-337-7270 Hon. Adam Espinosa 186 Civil 720-337-7930 Hon. Robert Crew 100 Traffic 720-865-7900 Hon. Clarisse Gonzales Mangnall 105 Traffic 720-865-7880 Hon. Nicole Rodarte

Lindsey–Flanigan Courthouse

3E Criminal 720-337-0814 Hon. Doris Burd 3C Criminal 720-337-0803 Hon. Brian Campbell 3A Criminal 720-337-0475 Hon. Kerry Hada 3D Criminal 720-337-0808 Hon. Alfred Harrel 3B Criminal 720-337-0481 Hon. Gary Jackson 4C Criminal 720-337-0863 Magistrate Howard Slavin, M, T, W Magistrate, Th and F 3H General Session 720-337-0838 Hon. Beth Faragher 3F General Session 720-337-0820 Hon. Dianne Briscoe 4A General Session 720-337-0845 Magistrate Mark Muller 3G General Session 720-337-0831 Hon. Nicole Rodarte 4F Juvenile 720-337-0871 Hon. Andre Rudolph

Van Cise–Simonet Detention Center 2100 2300

24 The Docket I January 2015

Preliminary Hearings Advisements

720-337-0082 720-337-0078

Hon. James Breese Hon. Johnny Barajas

TEN QUESTIONS 5. What’s the craziest advice you’ve ever been given?

“Take whatever job is offered to you.” I think that is very bad advice for an excess of reasons.

6. Who’s your role model and why?

I can’t say that I have one role model.

I really admire my friends and family for certain traits that inspire me. I admire my dad for his patience (especially with me).

I admire my friend Megan for her compassion. I admire my friend Emily for her ability to forgive. I admire my brother for his courage. I admire my friend Kristin for her resolve. I am very fortunate to have many people I consider role models.

7. If you could watch only one TV show for a year, what would it be?

Hiking at Gornergrat in Zermatt, Switzerland

Ten Questions with Member Heather O’Donnell “Ten Questions” is a new Docket feature focused on getting to know DBA members.

If you’re interested in being in the spotlight—or know someone else who should be—let us know! Email cgibb@cobar.org.

1. Where did you go to law school and where are you currently working?

I graduated from Vermont Law School. I do contract work for a DC firm, but I am currently looking for a full-time position in Denver.

2. Why did you become a lawyer?

I knew I wanted to go into law after reading Federalist Paper 51 in high school. I had no idea what I wanted to pursue as a legal career, I just knew I wanted to be a lawyer.

3. What’s your favorite restaurant in Denver?

I really like Old Major. It’s the first restaurant I went to when I visited Denver (before I moved). I enjoy the atmosphere, menu and staff. They also have one of the best happy hour menus. I take everyone who visits me to Old Major!

I would probably choose Friends or Parks and Recreation. I need to laugh every day.

8. Favorite place you’ve traveled to?

I am a city person, so I love visiting Paris, but my favorite place to relax and escape is the mountains in Colorado or Mallorca.

9. What’s on your desk right now?

I have a lot of books ranging from Hakan Nesser crime novels to The Four Agreements. I also have a ton of post-it notes of “to dos” and business cards. I just cleaned off all of my flashcards and materials from the Colorado bar exam.

10. If you weren’t a lawyer, you’d be: I think whatever I would be doing I would return to living in New York City. I would either be writing for a TV show or working in fashion.

You can reach Heather O’Donnell at heatherodon@gmail.com.

4. If you could bring only three things on an island with you, what would you bring?

I would bring sunscreen, a phone, and a boat (with lots of gasoline). I would be no good on an island (see my paleness from the picture above)!

January 2015 I The Docket 25

Law Student Chronicles: The Halfway Point

Left: Angie Borkowski, Ty Nagamatsu and Claire Noone volunteering at the courthouse for adoption day.

Baby Sloane with law student Claire Noone at Third Thursday.

by T y Na g amat su Greetings Docket Readers! I am one final and two papers away from being halfway through law school. I can hardly believe it’s true, but an entire year has passed since my first Docket article. Some days, I am surprised that a whole year has passed, and other days, I can’t believe it’s only been a year—so much has happened in such a short time. I’m sure you know that “whirlwind” feeling.

In addition to successfully completing my first year of law school, I watched Sloane, my (now) toddler, take her first steps and say her first words. (If you read my first column, her first word was “cat, ” not “memo”—phew!). These days, Sloane spends less time at the law school and more time around the corner with her friends at Fisher Early Learning Center, but as you can see from the pictures, she still gets her share of law school love once a month at Third Thursdays.

I spent the summer externing with a group of brilliant and wonderfully passionate people at the Arapahoe County Office of the Public Defender. Three days a week, I researched and wrote about the constitutionality of searches and seizures; attended docket; interviewed clients at the Arapahoe County Jail; and observed all of the different phases of a criminal trial, including jury selection, cross-examination, closing and opening arguments, jury instructions and sentencing. If your first year of law school teaches you how to think like a lawyer, then your first summer externship teaches you how to talk and walk like a lawyer.

This fall, I enrolled in and am now

26 The Docket I January 2015

nearly done with a terrific line-up of classes, including comparative law, a live client class, and a critical race theory seminar. The live client class took me to Washington, D.C., and next semester, will take me to the Supreme Court of Canada and the 2nd Circuit Court of Appeals. The class has been an incredible, hands-on experience, and a unique opportunity to see how complex litigation works.

My other two courses were intellectually restorative. As someone who came to law school after observing and experiencing systemic injustice both within the U.S. and outside of it, I was starved for context and policy after the first-year doctrinal curriculum. Comparative Law and Critical Race Theory provided just that.

In Critical Race Theory, our class explored the criminal justice system and how it intersects with race and class. My summer at the public defender’s office provided a helpful background for class discussion. Interestingly enough, there were many aspiring public defenders in the course, which might suggest that those who have spent time closest to the criminal justice system are the individuals most troubled by it.

In Comparative Law, I completed a class presentation and final paper on asylum law. Prior to my research, this was a topic about which I knew virtually nothing—even though some of my closest and most motivating friendships have been with asylum seekers. After my research, I am very interested in pursuing a career in immigration law—so interested that in January, I will start working for the Rocky Mountain Immigration Advo-

cacy Network (RMIAN). In the wake of President Obama’s executive action on immigration, I anticipate that there will be much work to do!

This month, I also participated in two wonderful learning experiences—the Chief Justice Commission Open Courts Colorado at the Ralph L. Carr Judicial Center and Adoption Day at the LindseyFlanigan Courthouse. Hosted by Chief Justice Nancy Rice, Open Courts was a unique and inspiring opportunity for law students to watch the Colorado Supreme Court in action.

At Adoption Day, I volunteered along with six other DU law students to help facilitate adoptions. In our volunteer capacity, we greeted new parents and children, pinned boutonnieres, passed out donuts and coffee, assisted judges, and listened to a moving speech by Chief Justice Rice on her own experience as an adoptive parent.

And that—in addition to some great lunch lectures, a smattering of workshops, an inspiring public interest law conference, and thousands of diaper changes—is what the last year has looked like for Sloane and me. It has been a whirlwind, and it has been wonderful! D Ty Nagamatsu is a 2L at the University of Denver Sturm College of Law. Nagamatsu, a native New Englander, graduated in 2008 from Gordon College with a degree in political science.

Before coming to Denver, she served with AmeriCorps for two years in Minnesota.

January 2015 I The Docket 27

CBA-CLE Calendar

January 2015

REGISTER ONLINE OR CALL TODAY!

LIVE EVENTS AND LIVE WEBCASTS January 7-11, 2015 January 23, 2015 National CLE Conference – Vail, CO Advanced Estate Administration: Submitted for 19 General CLE credits, including 2.4 Ethics Complexities Explained Submitted for 6 General CLE credits, including 1 Ethics January 7, 2015 What's New in Brain Injury Litigation?

January 29, 2015 Submitted for 3 General CLE credits Tame the Clutter and Digital Chaos!

Submitted for 7 General CLE credits January 7, 2015 Examining Medical Experts at Deposition and Trial January 30, 2015 Submitted for 3 General CLE credits iPad for Legal Professionals 2015 – Introduction and iPad Basics January 9, 2015 Submitted for 4 General CLE credits Practicing Before the Veterans Administration 2015 – Basic Accreditation January 30, 2015 Submitted for 3 General CLE credits iPad for Legal Professionals 2015 – Advanced iPad Topics January 19-21, 26 & 27, 2015 Submitted for 4 General CLE credits 40 Hour Mediation Training Submitted for 40 General CLE credits, including 5 Ethics All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.

January 8, 2015 Marijuana - The Colorado Model Submitted for 7 General CLE credits January 9, 2015 Real Estate Fall Update 2014: Mineral Interests Submitted for 6 General CLE credits, including 1 Ethics January 15, 2015 Appellate Practice Update 2014 Submitted for 7 General CLE credits, including 1 Ethics January 16, 2015 Bankruptcy Tax: Everything You Ever Wanted to Know About Taxes in Bankruptcy Proceedings Submitted for 6 General CLE credits

VIDEO REPLAYS January 29, 2015 Practicing Before the Veterans Administration 2015 – Basic Accreditation Submitted for 3 General CLE credits January 30, 2015 What's New in Brain Injury Litigation?

Submitted for 3 General CLE credits January 30, 2015 Examining Medical Experts at Deposition and Trial Submitted for 3 General CLE credits

(video replay in Grand Junction, Colorado Springs, and Denver)

CBA CLE

www.cobarcle.org

1900 Grant St., Suite 300, Denver, CO 80203-4303

28 The Docket I January 2015

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

Is Your Law Library Up-to-Date?

Colorado Bar Association 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.

Trusts in Divorce Property Divisions, 2nd Edition (5/14) Wade Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration – New Soft-Cover 6th Edition (12/13)

2014 Supplements: Colorado Estate Planning Forms (10/14) Colorado Estate Planning Handbook (11/14) Colorado Ethics Handbook (12/14) Colorado Probate System (11/14) Colorado Real Estate Practice (9/14) Colorado Title Insurance Practice (9/14) Colorado Water Law Benchbook (9/14) Elder Law in Colorado (7/14) Guide for Colorado Nonprofit Organizations (8/14) Practitioner’s Guide to Colorado Business Organizations (7/14) Practitioner’s Guide to Colorado Domestic Relations (4/14) Practitioner’s Guide to Colorado Employment Law (12/14) Immigration Law for the Colorado Practitioner (11/14)

Soft-Cover Editions: 2013 Annual Survey of Colorado Law (4/14) Colorado Appellate Handbook, 2014 Edition (2/14) Colorado Automobile Accident Litigation & Insurance Colorado Courtroom Handbook for Civil Trials, 2014 Edition (6/14) Colorado DUI Benchbook, 2014–2015 Edition (9/14) Handbook – New Soft-Cover 2nd Edition (12/13) Colorado Jury Instructions for Civil Trials, 2014 Edition (1/14) Colorado Landlord-Tenant Law, 6th Edition (4/14) Colorado Rules of Civil and Appellate Procedure, 2014 Edition (3/14) Funding the Revocable Living Trusts, 2nd Edition (10/14) Public Trustee Foreclosure in Colorado, New Soft-Cover 4th Edition (2/14) The Green Book (12/14)

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Coming Soon: Colorado Jury Instructions for Civil Trials, 2015 Edition Colorado LLCs Lawyers’ Professional Liability in Colorado, 2015 Edition Product Liability Law & Procedure in Colorado

For more info and pricing, go to www.cobarcle.org and click on “Books” or call us at 303.860.0608 or Toll-free at 888.860.2531 to order.

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

January 2015 I The Docket 29

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. Phone number is 303-824-5319 and fax is 303-8615274.

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 James O’Connor: 303-799-9001

Marion McBain: 303-635-2246 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 confidential assistance, please contact COLAP at 303.986.3345 or (toll free) 855.986.2126. Visit our website at www. coloradolap.org

DBA Placement Services As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations.

Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accounting, administrators, and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net.

BRIEFS DBA Health Fair —Thursday, Jan. 8 Get “fit to practice” for the New Year!

The DBA Fit to Practice Task Force will host its Second Annual Health Fair on Thursday, Jan. 8, at the DBA offices from 7 a.m. to 1 p.m. They’ll be offering health screening services, a nutrition expert, an acupuncturist, and a massage therapist— as well as healthy food and beverages.

This is the perfect place to jump-start your 2015 fitness goals. Cost to attend is $10 for members and $20 for nonmembers. With your registration fee, you’ll have access to professional health screening services, which includes a cholesterol test, fasting blood sugar test, blood pressure and body composition reading and consultation by health professionals.

RSVP to lunches@cobar.org or call 303860-1115, ext. 727.

30 The Docket I January 2015

DBA YLD Coffee Talk: Individual Income Tax— The Trailer—Thursday, Jan. 23

Call For DBA Awards Nominees—Deadline For Submission Is Friday, Jan. 30

If Individual Income Tax were a movie, this CLE would be the Trailer. You will not leave this CLE ready to litigate in tax court; however, you will gain a basic understanding of filing requirements, types of income, typical deductions, calculating capital gains, and options for clients in tax trouble. The goal of this CLE is to make you conversant in individual income tax matters so that you can ask clients or supervisors appropriate questions and partake in a dialogue related to individual income tax. The event will be from 7:30 to 8:30 a.m. on Thursday, Jan. 23, at the CBA offices. One general CLE credit applied for. Cost to attend is $5 for DBA members and $20 for nonmembers. To RSVP, email lunches@cobar. org or call 303-860-1115, ext. 727.

The DBA Awards Committee needs your nomination for its annual awards: DBA Award of Merit, DBA Young Lawyer of the Year, DBA Volunteer of the Year, Judicial Excellence, Education in the Legal System and Outstanding Programs or Projects. Please submit a brief statement online at bit.ly/DBAAwards or email Courtney Gibb at cgibb@cobar.org on why the nominee deserves the honor.

The committee will consider involvement with the DBA, community contributions outside the bar associations, and career history and accomplishments. The deadline for nominations is Friday, Jan. 30.

Call for Nominations for 2015– 16 DBA Leadership Positions The Nominating Committee is seeking nominations for 2015–16 DBA leadership positions, including PresidentElect, First and Second Vice Presidents, three members of Board of Trustees, and 11 members of the CBA Board of Governors. Deadline for nominations is Friday, Jan. 30. For more information or to submit nominations, contact Dana Collier Smith.

Dates on the

Encourage Future Legal Minds: Judge A Denver Regional Mock Trial Volunteer attorneys, law students, paralegals, and community leaders are needed to judge the 2015 Denver Regional High School Mock Trial Tournament Feb. 13 and 14 at the Denver City and County Building. Several time slots are available; breakfast or lunch provided. Sign up here or visit coloradohighschoolmocktrial.com for a volunteer sign-up form.

Jan. 6

Jan. 8

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.

Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, 303-824-5323

Jan. 14

Docket Committee Noon–1 p.m.

Call Courtney Gibb, 303-824-5336

Dba Young Lawyers Division Council 6–7:30 p.m.

Call Heather Clark, 303-824-5350

FOR THE PUBLIC

Jan. 13

Jan. 20

DOCKET

DBA MEETINGS

To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at 303-824-5323.

Jan. 7

Child Support Clinic 1437 Bannock St, Room 368 10–11:30 a.m.

LawLine 9 500 East Speer Blvd 4–5:30 p.m.

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

Call 303-573-1302

Joint Judicial task Force 7:30–9 a.m.

Call Heather Clark, 303-824-5350

Jan. 7

Veterans Clinic Auraria Campus Tivoli Student Union “Senate Chambers” 900 Auraria Parkway Noon–2 p.m.

Barristers Benefit Ball: Fire And Ice—Saturday, April 25 The Ball will be held Saturday, April 25, at the Marriott City Center in downtown Denver. Please join us this year to celebrate Metro Volunteer Lawyers! To purchase tickets or a table, email Dana Collier Smith at dcolliersmith@cobar.org.

DBA Board of Trustees 7:30–9 a.m.

Call Leah Achen, 303-824-5327

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

Jan. 14

Jan. 15

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.

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

Community Action Network Noon–1 p.m.

Call Kate Schuster, 303-824-5312

Professionalism Coordinating Councils Noon–1 p.m.

Call Chuck Turner, 303-824-5314

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

Call 720-944-2594

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

Jan. 20

LawLine 9 500 East Speer Blvd 4–5:30 p.m.

Colorado Poverty Law Clinic Colorado Coalition for the Homeless 2100 Broadway 4–6 p.m.

Jan. 29

LawLine 9 500 East Speer Blvd 4–5:30 p.m.

Jan. 21

Child Support Clinic 1437 Bannock St, Room 368 10–11:30 a.m.

January 2015 I The Docket 31

Legal

AFFAIRS

GOOD THINGS Larry Hamil and Michael Martin of the Denver law firm Hamil/Martin LLC served as sponsors of the 4th annual Anschutz-Hunt Challenge Cup squash tournament. The event raises money for the Mile High Squash program.

Mile High Squash seeks to bridge the opportunity gap in preparing low-income and minority youth from underserved urban areas for post-secondary education.

Beem & Isley, P.C.is proud to announce that Clifford Lee Beem, received the Professionalism Award from the Colorado Defense Lawyers Association.

A special event was held in honor of Legal Professionalism Month and was attended by both members of the CTLA and the CDLA. During the event, both the CDLA and CTLA recognized a member from the other association for professionalism and ethics, honoring each with the Professionalism Award.

Beem & Isley, P.C.is located at 730 17th Street, Suite 850, Denver, CO 80202. For more information or to schedule a consultation, please call (303) 894-8100.

Jennifer Friednash, corporate real estate counsel for Intrawest, has been appointed to serve on the Board of Directors of the Colorado chapter of the Association of Corporate Counsel.

CHANGES Lewis Brisbois is pleased to welcome Todd R. Seelman to their office as a partner and chair of the newly formed antitrust practice. Seelman will also serve as the managing partner.

Kutak Rock LLP welcomes associate attorney John H.T. Bales to the public finance group, specifically to serve as bond counsel, disclosure counsel and

underwriter’s counsel on transactions in the firm’s charter school practice.

Jackson Kelly PLLC is pleased to welcome Steven Bales T. Mulligan to the firm.

Mulligan joins as counsel practicing in the commercial law practice group. His background is in business law, focusing on financial restructuring, insolvency, bankruptcy, mergers and acquisitions, other business transactions, and commercial litigation.

Jana Eisinger has joined the Martinez Law Group after a decade as in-house counsel for several publicly-traded companies and dedicating the last few years to developing a national practice that includes complex civil litigation in the areas of antitrust, securities and product liability law.

Dorsey & W hitney LLP has announced that Adam V. Floyd has joined the firm as a partner in the intellectual property litigaFloyd tion group.

Cordell & Cordell recently hired associate attorney Lindsay Kearns.

Kutak Rock LLP welcomes associate Silke Popp to the corporate department. Popp focuses her practice on general Popp corporate, business, and oil and gas law.

Fennemore Craig announced Casey Kannenberg has joined the firm’s health care litigation practice.

Kannenberg focuses his practice in health care litigation, medical negligence defense, business and civil litigation and sports and entertainment law.

Locks Law Firm announced that John Gehlhausen has joined the firm as of counsel. Gehlhausen will merge his

practice into Locks Law. Gehlhausen specializes in lawn, farm and construction equipment product liability, needle stick injuries and complex Gehlhausen regional pain syndrome (CRPS) litigation.

Pendleton, Wilson, Hennessey & Crow, P.C. is pleased to announce that Genet H. Tekeste has joined the firm as an assoTekeste ciate attorney. Tekeste’s practice focuses on commercial and employment law.

Lewis Brisbois is pleased to welcome John Cardinal Parks as a partner.

Parks has experience in creating legal solutions to complex business problems, including counseling clients on antitrust and unfair competition issues.

BRICK & MORTAR Attorney Perry L. Goorman, is pleased to announce the relocation of his law office to 720 S. Colorado Blvd., Penthouse North, Denver, CO 80246-1904; 303-220-5373.

Paul Enockson is pleased to announce the opening of Enockson Law LLC located at 4465 Kipling St., Wheat Ridge, Enockson CO 80033. Enockson continues his practice in business litigation, focusing on contract disputes, business torts and fiduciary disputes between business owners, as well as oil and gasrelated matters.

If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations, and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.

32 The Docket I January 2015

A Seat at the Bar

Vet Stand Down Helps the Homeless

Brian McCoy volunteers to represent a veteran as he appears in front of Hon. Kerry Hada

The Denver Bar Association and members of the Colorado Bar Association Military & Veterans Affairs Section participated in the annual Denver Veterans Stand Down, an event that offers many services for homeless veterans, including benefits, medical, grooming, clothing, food and shelter services. Volunteer attorneys and law students staffed a booth to answer homeless veteran's legal questions and hand out legal resources.

Hon. Kerry Hada from Denver County Court, a veteran himself, was also present with court staff to assist homeless veterans who have outstanding warrants for violations of Denver’s City Ordinance. Most of the veterans receive community service in lieu of a fine. This year, the court assisted 46 individuals with 109 cases from the Criminal, General Sessions, and Parking and Traffic divisions. The County Court Civil Self Represented Litigant Coordinator helped an additional seven individuals, for a grand total of 53 individuals being assisted on 116 cases.

A special thanks to the Denver County Court staff and to our volunteers: Brian McCoy, Sally Easter, Tim Franklin, Nic German, Greg Rada, Charles Cump, Christine Black, Rachel Heir, Robert Rosenthal, and Doug Tumminello.

2014 Veterans Stand Down Division

#Heard

%

Criminal

7

6%

Combined Division% 34%

General Sessions Traffic Parking+ Civil* Totals

32

28%

27 23% 43 37% 66% 7 6% 116 100% 2014 Veterans Stand Down100% 7=6%

0=0%

7=6%

32=28% 0=0% 43=37%

Criminal Top: Volunteers Robert Rosenthal and Rachel Heir.

Volunteer Christine Black with a veteran.

General Sessions

47=23%

Traffic

Parking+

Civil*

* Civil cases per parties assisted by SRLC with information/referrals. They do not appear on a docket. + Parking cases do not appear on a docket.

January 2015 I The Docket 33

Picture This

DBA Happenings

A Farewell to Chuck Turner More than 200 people from the legal community gathered at the Ralph Carr Judicial Center on Monday, Dec 8, to honor Chuck Turner for his 34 years of service as CBA and DBA Executive Director. He was toasted in speeches made by Colorado Supreme Court Chief Justice, Nancy Rice, and former CBA president, Mark Fogg. Chuck also took the stage, thanking the community for their support over the years, with a special mention to the bar staff, and his family, who were all in attendance. In true Turner style, he kept him remarks on the lighter side, and gave the crowd a little glimpse into how he plans to spend his new found free time (see photo).

Chuck’s retirement or “Next Rodeo” will begin Jan. 1, and we wish him all the best!

Chuck Turner and his family.

Terry Ruckriegle presents Turner with his conference room plaque.

From the top right: Chuck Turner and Mark Fogg.

Chuck let’s the crowd know how he plans to spend his new free time.

Chief Justice, Nancy Rice.

The crowd from above.

34 The Docket I January 2015

Union Station 15 x 15 The Denver Bar Association’s new membership task force, along with the Colorado bar Association, hosted a fall kickoff event on Thursday, Nov. 13 at the newly renovated Union Station. The task force, under the guidance of DBA President John Vaught, is charged with increasing the DBA’s young lawyer membership by 15% in 2015. Approximately 250 attendees were given the opportunity to get to know other new and tenured bar members while discovering the benefits of membership in the DBA. The is a complimentary social and networking event included a door prize of two tickets to the Barristers Benefit Ball, and free drinks and appetizers. Look for similar events in the spring!

Left: Benton and Stephanie Grismer.

Jane Taylor, KatieCuster, and BethMankamyer.

STRATUM: Ethical Co-Working CLE The DBA Fit to Practice Task Force hosted a panel CLE regarding the ethics of co-working on Monday, Nov. 17, from 4:30 to 5:30 p.m. at the DBA and CBA offices. The panel consisted of Cindy Fleischner, Alli Gerkman and Troy Rackham. The panel of ethics experts discussed rules everyone needs to know to ensure their clients are protected, as well as issues such as confidentiality, disposal of documents, cross-referrals, and data protection.

The complimentary program offered the 40 attendees one ethics CLE. Immediately following the panel a reception of appetizers, beer, and wine allowed attendees the chance to explore the STRATUM space and mingle. For more information on STRATUM visit bit.ly/stratumCDBA

Ilene Bloom, Troy Rackham, and Cindy Fleischnerafter program discussion.

The attendees.

Ilene Bloom and Troy Rackham.

Wheels of Justice Appreciation Party The Colorado and Denver Bar Associations sponsored cycling team, the Wheels of Justice Cycling, hosted an appreciation party at the DBA and CBA offices on Thursday, Nov. 6, for riders and supporters. The complimentary event was held from 5:30 to 7:30 p.m. The evening comprised of a presentation by team captain Heather Leja who thanked the team’s sponsors with plaques and framed jerseys, followed by a family representing Children’s Hospital’s Center for Cancer and Blood Disorders speaking about how the money raised is used.

The team, comprising 271 riders, raised more than $365,000, making it the top fundraiser at the Courage Classic for the fifth year. For more information on the team visit wheelsofjusticecycling.org.

Chuck Turner and Heather Leja.

January 2015 I The Docket 35