2013 July/August by DBA Docket

A Denver Bar Association Publication I Vol. 35 Issue 7 I July/August 2013

Inside

Use Online Video to Market Your Firm by Mark Beese

Retaining Talent Starts with Simple Question by Alicia J. McCommons

Wellness Brief: Find Balance with Yoga by Lorraine DAversa

Daniel R. McCune

brings energy, focus on young lawyers to role as the DBA's next president

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2 The Docket I July/August 2013

Vol. 35 Issue 7 I July/August 2013 The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

ON THE COVER 4

DBA’s 2013–14 President: Daniel R. McCune

Online Video: The Next Frontier of Legal Marketing

Don’t Let Talent Drift Away

The Wellness Brief: De-stress, Find Balance with Yoga

FEATURES 8

2013–14 Denver Bar Association Governance

Preview of a Future Practice

Jackson Settles into New Role on County Court

When Choosing Pleaded or Pled, Grammar Pitted Against Popular Usage

The Difficulty in Traveling to a Place that Doesn’t Exist

IN EVERY ISSUE 23

Briefs

Legal Affairs

Dates on the Docket

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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 (by email) Dec. 16. To advertise, call Alexa Drago at (303) 824-5313. THE DOCKET COMMITTEE: Christopher M. Achatz, Norman Beecher, Becky Bye, Scott Challinor, Julie Cuypers, Craig C. Eley, David L. Erickson, Emma E. Garrison, Allison Gerkman, Loren R. Ginsburg, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Ruchi Kapoor, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Christopher

Mommsen, Barbara J. Mueller, Siddhartha H. Rathod, Gregory D. Rawlings, Frank Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker, Mariya Yakovlevna Cassin.

P.C. EDITOR: Chuck Turner CHAIR: Ryan T. Jardine GRAPHIC DESIGNER: Kate Schuster (303) 860-1115 denbar.org/docket

DBA OFFICERS: James G. Benjamin, President; Daniel R. McCune, PresidentElect; John M. Vaught , First Vice President; Gillian M. Bidgood, Second Vice President; Ilene Lin Bloom, Immediate Past President; Daniel A. Sweetser, Treasurer

Copyright 2013. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Janet Drake, Nicholas Ghiselli, Vance O. Knapp, Barbara J. Mueller, Lucia C. Padilla, Meshach Rhoades, Frederick B. Skillern Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker

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. July/August 2013 I The Docket

DBA’s 2013–14 President

McCune Brings Energy, Element of ‘Danger’ to DBA all insist, it’s not McCune’s fault—it’s just that his adventures sometimes stretch the average attorney past his normal comfort level. “[He didn’t get his nickname] because he’s reckless and will get you into untoward situations; he’s just such an adventurous soul, he’s into adventurous things,” McConnell said. “Dan is always the most prepared—Dan never gets hurt.” It is that commitment to preparation, and the energy and enthusiasm to try new things, that colleagues and friends say will serve McCune as he starts his one-year term as the Denver Bar Association president this month.

Goals for the DBA

by S ar a C ro cke r

aniel R. McCune is a dangerous man—that’s something his friends and colleagues want to make clear. The Denver Bar Association’s new president has an affinity for motorcycles, backcountry skiing, and sailing. He admits his motto when considering a new outdoor adventure is, “It can’t be that hard.” He’s earned the alias “Dangerous Dan” not because of these spirited adventures, but because of the trouble it’s led to for his friends. On a rafting trip with McCune, Dave Gerbus’ boat flipped, sending him into the rapids. Marshall Ross suffered an expanded lung while scuba diving with him. Dean McConnell fell partly into a lake when snowshoeing with McCune after an avalanche displaced a shelf of snow. John Palmeri is happy to report he’s made it on several adventures with McCune unscathed. But they

4 The Docket I July/August 2013

In the next year the former JAG turned civil litigator plans to focus on members and their needs—particularly those of young lawyers. “I would like to have the membership think of this bar association as an integral part of their practice,” he said. “We do a lot of things for [members] already but there’s room for improvement and maybe [to] think outside the box a little bit.” This will include adding a members’ lounge at the DBA offices and offering a weekly yoga night—something McCune experienced and enjoyed while at a recent American Bar Association conference (see more details on page 15). Health is also an important focus for McCune. He was shocked when he heard at a conference that the average life expectancy of a trial lawyer was 53. McCune, 54, has always made time for fitness. He say he’s never met an outdoor activity he didn’t like and his current passions include mountain biking, road cycling, and fly fishing. “Of all the things you invest time in,

investing in yourself ought to be the most important,” he said. “You only have one body.”

Setting Roots in Colorado McCune was born in Michigan but moved regularly because his father was a fighter pilot in the Air Force and then worked for the Bureau of Prisons. “I grew up in many places,” he said. “By the time I was 13, we moved 13 times.” He attended college and law school in Kansas. “I always had an interest in criminal justice, but I didn’t want to go into the Bureau of Prisons and follow in my dad’s footsteps and always be Gary’s son,” he said. “I wanted to find my own way and law was always interesting to me.” He received an Army ROTC scholarship and entered the Judge Advocate General’s Corps as a prosecutor after passing the bar. He was assigned to Fort Carson, just outside Colorado Springs. It was one of the largest JAG offices in the country. “They tried, at that time in the United States, the most general court martials of any installation,” McCune said. Because of the volume of cases the office handled, new attorneys were thrown right into the mix. “You go from being a newbie to being a seasoned attorney in a short time,” he said. “The difference between new counsel and seasoned was a very short trip, so that was a great experience.” Gerbus, who was a defense counsel while in JAG with McCune and now is assistant general counsel at United Launch Alliance, said their Fort Carson office was much like “A Few Good Men,” where colleagues were very competitive in the courtroom, but maintained close friendships outside. McCune was stationed there for four years and spent his fifth and last year in the JAG Corps in Anniston, Ala., where he taught law. He said he enjoyed lecturing, but found it generally to be a much President, continued on page 6

Since 1984

July/August 2013 I The Docket

President, continued from page 4 slower pace than his time as a prosecutor. When he left the JAG Corps, he knew he wanted to return to Colorado and move to a civil litigation practice. He was offered a job with Cooper and Kelly, which is the firm he remains at today, albeit now under the name Kennedy Childs. McCune’s practice focuses on complex (Left) McCune with his daughters Mollie and Katie. civil litigation, professional McCune and partner, Lorraine DAversa, at the top of Mount Bierstadt, the first 14er DAversa climbed. malpractice claims, and conSomething Finally Clicked “This is the part that energizes me,” tentious employment disputes. Although McCune was always the he said. There were some noticeable differone organizing a dinner party, hikRoss, who served in the JAG Corps ences between being a JAG and working ing trip, or camping excursion on the with McCune and is now a professional in private practice: He had to learn about weekend with friends, when it came to malpractice attorney with Wharton Aldbillable hours and cases went on longer. involvement in professional organizahizer & Weaver PLC in Harrisonburg, Va., “The other big challenge for me was tions, he was a bit of a late bloomer. said the DBA will benefit from McCune’s going from being chief trial counsel and “In high school, college, and law experience and his energy. having all that responsibility to becomschool, I didn’t really join anything. … It “He’s just going to be perfect for the ing a junior attorney again—that was a wasn’t until I entered the JAG Corps that job,” Ross said. “He’s going to be thinking bit difficult,” he said. something finally clicked,” he said. about ways to improve the bar and get McCune enjoys handling legal malThat carried over after he left the people together.” practice claims because he gets the JAG Corps, starting with involvement opportunity to learn about various pracwith the the Colorado Defense Lawyers Life Feels Right at the tice areas of the law. Association, DRI, and the Federation of Helm of a Sailboat “I find legal malpractice defense Defense and Corporate Council. He held McCune lives in Golden with his litigation to be the very complicated and board positions, including president of partner, Lorraine DAversa. He has two mentally challenging,” McCune said. “It’s CDLA. As those positions wound down, daughters, Mollie, 18, and Katie, 25. like playing chess on a three-dimensional he was looking for another volunteer Mollie will attend the University of board, because of the underlying core opportunity. Then-colleague Mark A. Colorado–Boulder in the fall; Katie just issues.” Fogg, who is the immediate past Colofinished her master’s at Brown UniverHe had the opportunity to handle rado Bar Association president and sity and recently moved to Boston. a case for one of the nation’s bestselling general counsel of COPIC, recommended McCune’s longtime passion is sailauthors after the former executive direcMcCune to participate in the formation ing—it means so much to him it almost tor of a foundation the author launched of the CBA’s Economic Task Force, which kept him from moving to a landlocked filed a wrongful termination claim. The offered assistance to attorneys impacted state after he left the JAG Corps. It board of directors was a Hollywood who’s by the Great Recession. McCune went on started in law school when he bought a who and made front page news nationto chair that task force. boat that “leaked like a sieve.” He fixed ally. McCune handled the case with “It was very humbling and inspiring it up and just took out, even though he Palmeri. to see the willingness of people to help wasn’t exactly sure what he was doing “He’s a dogged attorney,” Palmeri their fellow attorneys,” he said. once he got out on the water. He quickly said of McCune. “He just did a great job McCune most recently chaired the learned. in putting together a discovery plan and Joint Judicial Task Force, which aims to Living in Colorado has led him to executing it.” protect and promote Colorado’s fair and explore other water sports, such as kayaThough McCune could not disclose impartial courts. king, and it means that he plans trips to the details of the resolution, he said the He says the more time he spent new places to sail, often with longtime issue was resolved to the author’s satisvolunteering with professional organizafriend Ross. faction. tions, the more he found personal value “Life feels right when you’re at the in being a member. It also impacts his helm of a sailboat,” McCune said. “It’s work. such a core, balancing feeling.”

6 The Docket I July/August 2013

Competition and Compartmentalization McCune has been known to be a little competitive. DAversa says they both push each other to increase their level of fitness. “He and I are both fairly competitive, so when we head out for a hike, we have to remind each other at the start that it’s not a race,” she said. Fogg agreed, saying that when they fish together McCune is always counting his fish, as well as what his buddies are catching. “The joke between us is I’ll rib him about being competitive and he says, ‘I only know one other person who’s more competitive than me and he’s not admitting it,’” Fogg said. When asked how he balances family, work, an active career, countless hobbies, and time with the DBA, McCune says he’s always been good at compartmentalizing. “When you go home, you need to go home,” he said. “It’s constructive if you’re working to solve a problem. It’s destructive if you’re just worrying about a problem that’s going to be there tomorrow.” In addition to his athletic interests,

McCune is a Mason and a Shriner, a motorcyclist, and plays the bagpipe and guitar. “Dan’s a very hard worker, but as hard as he works he plays just as hard,” says longtime friend and colleague McConnell. “He goes 100 miles per hour all the time.” McCune admits he has too many hobbies, but he says he just wants to experience all that he can. “We only come around once and the clock ticks very quickly and I don’t want to ever be sitting around at the end of that journey saying, ‘I wish I had,’” he said. “I’d rather be sitting there saying, ‘Glad I did,’” Sara Crocker is communications specialist for the Colorado and Denver Bar Associations and editor of The Docket. She may be reached at scrocker@cobar.org.

Follow Your DBA President Dan McCune will tweet throughout his term. Follow him at @dbapresident. You can also follow the DBA at @denverbarassoc.

Above: McCune at the helm of his sailboat. McCune in his bagpiper regalia. He learned the bagpipe after he became a Shriner and was invited to join their band. McCune, an avid motorcyclist, on his way to Devils Tower in Wyoming.

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2013â&#x20AC;&#x201C;14 Denver Bar Association Governance Meet Your DBA Officers

McCune

Vaught

President Daniel R. McCune

President-elect John M. Vaught

Immediate Past President James G. Benjamin

First Vice President Nancy L. Cohen

Second Vice President Richard M. Murray

Trustees Erich L. Bethke Jaclyn K. Casey Catherine Chan Janet S. Drake Richard L. Gabriel Nicholas Ghiselli Barbara J. Mueller Lucia C. Padilla Andrew M. Toft

Young Lawyers Division Chair Matthew S. Larson

Treasurer Daniel A. Sweetser

Executive Director Charles C. Turner

New Board of Governors Representatives Becky Bye Nancy L. Cohen Amy C. DeVan

8 The Docket I July/August 2013

Benjamin

Cohen

Murray

Jacob C. Eisenstein Beth A. Faragher Nicholas Ghiselli Franz Hardy Ruben M. Hernandez Jennifer L. Jaskolka Matthew S. Larson Steven A. Michalek Barbara J. Mueller Regina M. Rodriguez Jessica M. Schmidt Leia G. Ursery

Outgoing Officers, Trustees, and Board of Governors Representatives:

Continuing Board of Governors Representatives

Donna H. Bakalor D. A. Bertram Jaclyn K. Casey Sheri M. Danz Thomas J. DeMarino Katayoun A. Donnelly James G. Gaspich William W. Hood III Jerri L. Jenkins Vance O. Knapp Jonathan M. Lucero D. Scott Martinez Siddhartha H. Rathod Meshach Rhoades Frederick B. Skillern

James G. Benjamin Gillian M. Bidgood Ilene Lin Bloom Stacy A. Carpenter Catherine Chan Sarah M. Clark Shelly Dill Combs Janet S. Drake Nike L. Fleming Catherine A. Hance Diego G. Hunt Craig D. Joyce Daniel R. McCune Richard M. Murray Lucia C. Padilla Margrit Lent Parker Gerald D. Pratt Sal Quintana Jerremy M. Ramp Diane V. Smith Sarah A. Steinbeck Daniel A. Sweetser Emily C. Teel Andrew M. Toft John M. Vaught

President James G. Benjamin

First Vice President John M. Vaught

Second Vice President Gillian M. Bidgood

Board of Governors Representatives

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July/August 2013 I The5/31/13 Docket11:35 9 AM

Online Video: The Next Frontier of Legal Marketing by M ark Bee se

YouTube

. The word evokes images of cute kittens, crazy stunts, and viral video classics, like what happens when you mix Diet Coke and Mentos. It’s not where you would expect to find interesting and helpful videos on timely legal topics by some of the leading lawyers on the planet. Yet. Some legal marketers are leading the way, effectively using video to position their firms as thought leaders in niche practices. I recently was a panelist for a webinar focused on using video in the legal marketing mix, along with marketing innovators Adam Stock and Adam Severson. If you’re considering adding video as part of your online content for your firm, here are a few considerations and tips from the webinar on how to get started.

Why Use Video? Web pages featuring video are 40 to 50 times more likely to end up on the first page of Google search results, according to Stock, who is chief marketing officer of Allen Matkins. “Google loves video,” he said. “It is great for SEO [Search Engine Optimization].” He added that Allen Matkins’ website saw 30 percent more traffic after the firm started to use video on its home page, and the site now features more than 150 videos. “ Video gives you the ability to

10 The Docket I July/August 2013

deliver emotion like no other media. It’s the best way to capture an attorney’s personality,” Stock said. “Clients hire lawyers, not firms. Video gives clients a chance to get to know our lawyers.” He added that his firm’s approach to video started by experimenting with videos that address the types of communications attorneys would normally do with clients. With that format, they can compare the performance of videos to written or online communications. (The strategy the firm used and the results are summarized in a video at youtu.be/uuULohfvauY.) Adam Severson, chief marketing officer of Baker Donelson, saw more than a 500 percent increase in Web traffic once his firm started to promote its Entrepreneur Minute (bakerdonelson.com/emerging-companies) videos. Baker Donelson sends a weekly email to a growing list to promote its emerging companies industry group, featuring a one- to three-minute video on topics of interest to entrepreneurs. The practice group’s page quickly became the most visited practice group page on the website, and the weekly email and video tip have attracted the attention of traditional media and been reposted on industry blogs. Well-produced video on law firm websites can build credibility for attorneys and the firm. Video is also very mobile-device friendly—something that’s worth considering given that as much as 30 percent of law firm Web

traffic originates from a smartphone or tablet.

When to Use Video? Video can be used in a variety of ways, including: • Microsites promoting a particular industry or practice group. Videos become mini-news stories to illustrate an aspect of the law or how a court ruling could affect clients. • Event invitations or announcements. Brief videos can be used to create excitement around a conference, seminar, or merger announcement. • Community involvement. Video is a powerful way to communicate stories, including how an attorney’s involvement in a charity makes a difference in people’s lives. • Highlighting and recognizing clients of the firm (with their written permission, of course). • Introducing a new service, product, or solution to a complex problem. • Email newsletters and blogs. • Internal communications about a new initiative, service, or practice group.

How Do I Start Using Video? The panelists agreed on some basic start-up concepts: • Start with something newsworthy. For example: a topic you might include in a client newsletter. Avoid boring “about the firm” or “attorney

•

• •

bio” videos. Snooze. Consider hiring a professional videographer and editor to start out. Aim for broadcast-level production levels. After you get the hang of it, consider buying a quality HD camera, editing software, and training someone in your firm to edit and produce videos. Creating your own video on a shoestring budget also is possible. There are several cost-effective video production software packages for both PC and Mac. I often shoot video on my iPhone and edit with Apple’s iMovie, which is easy to learn and produces good results. Animations, professional titling, and graphics make a video more like what people are accustomed to seeing on television, and therefore appear more professional. Be aware of small things that can be a distraction, such as background noise and bad lighting. Keep the video to no more than three to five minutes long. Host your video on YouTube rather than on your website and simply

•

embed the link on your website or blog page. No need to know anything about website coding—YouTube provides the embed code for you. Promote your video content through social media and distribution channels such as jdsupra.com and conveycontent.com. D

Mark Beese is President of Leadership for Lawyers, LLC, a consultancy dedicated to helping lawyers become better business developers and leaders. He also teaches Marketing and Business Development at the University of Denver Sturm School of Law. Beese is a fellow of the College of Law Practice Management and the former CMO of Holland & Hart. He may be reached at mark@leadershipforlawyers.com and leadershipforlawyers.com. A version of this article first appeared on attorneyatwork.com.

Dig Deeper: More Legal Marketing Videos Beese shares standout videos by attorneys and law firms. Legal Marketing Insights— 25 interviews of marketing and business development professionals used for online training and knowledge sharing. legalmarketing.conveycontent.com Business Class Series— Online videos highlight innovative clients. hollandhartblog.com, right column Allen Makins— Online videos feature practices, ideas, and people. bit.ly/13jOAZi Also, check out their primer on law firm video. bit.ly/13DG4TH Leonard Street— Online videos communicate the firm’s values. bit.ly/11q5dCC Dechert— Uses online videos for thought leadership. bit.ly/17miFeX

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July/August 2013 I The Docket

Don’t Let Talent

DriftAway A sea otter in Prince William Sound in Alaska. Lawyers can learn from the culture created by “otters” at OtterBox and other tech firms. by A lici a J. McCommons

tterBox, an innovative Fort Collins company, recruits its employees with a statement that could easily fit a law firm: “Our commitments to customers, to one another, and to our community are unparalleled, so we don't settle for great. We seek extraordinary.” OtterBox sells iPhone waterproof cases and calls its employees “otters.” While that may sound gimmicky, it gets results. Its website states that it is the

12 The Docket I July/August 2013

No. 1 selling case for smartphones in the U.S. In addition, it was recognized as a company with an exceptional workplace culture in Fortune magazine’s 2012 Best Small and Medium Workplaces. Many companies similar to OtterBox, especially tech companies, have been at the forefront of creative workplace ideas that spur hard work in an environment grounded in fun and respect. Law firm management sometimes gets a bad rap for being behind the times when it comes to managing people. We can improve our management style so that we can retain our top talent by taking some hints from the tech organizations that consistently excel at serving their clients, making profits, and creating cultures that empower their staff to jump up and say, “Wow, this is a great place to work.” We might sigh in a sense of relief if we could simulate this culture and cre-

ate a happy employee through the right work environment and not by a higher wage. Channeling the creativity that inspired Google’s famous on-site culinary benefits springs to mind. As lawyers, we can create a similar, successful firm culture by asking one key question: “What can I do to make your job easier?” Lawyers need to ask this key question consistently and continuously. The idea is to make this a straight forward question that is a part of our culture, not just a one-time, vague idea that is part of a human resources questionnaire. Lawyers need to ask this simple question of everyone, from partners to associates to legal assistants to file clerks. When we ask this question, we need to focus on the job, the work product, the client, the communication, and the deadlines—everything related to the job. We need to listen to everyone’s answers. We may not agree, but consistently listening will enable us to learn something. Although it may seem counterintuitive, we need to focus on what we can do for our staff, not what they can do for us. Ultimately, this will benefit us as well.

“Although it may seem counterintuitive, we need to focus on what we can do for our staff, not what they can do for us. Ultimately, this will benefit us as well. “ grow from the hard work of many indispensable people, not just the vision of a handful of CEOs.” By respecting what everyone has to say, whether you agree with it, you create a culture that lets great ideas and solutions to your firm’s problems evolve naturally. With open dialogue and respect, problems can sometimes even solve themselves.

Reduce Stress Ask Follow-up Questions Take that inquisitive nature one step further when you ask your staff, “What would make your job easier?” What do they mean by more support from 4 to 5 p.m. when they get an unexpected rush of client calls? In Malcolm Gladwell’s book “Outliers: The Story of Success,” he explains that money is not considered the greatest reward (or motivator). Instead, he says work that has “autonomy, complexity, and a connection between effort and reward” fulfills us and makes us happy. By following up on job questions related to effort and complexity, we can find out what this means for each employee.

Respect Others People want to feel, and deserve to be, respected. By just asking them, “What can I do to make your job easier?” you are showing them a sign of respect, not to mention the respect shown by listening. In Deborah Perry Piscione’s book “Secrets of Silicon Valley: What Everyone Else Can Learn from the Innovation Capital of the World,” she states that the successful Silicon Valley business model includes a recognition by the organization “that great companies and ventures

While lawyers are all too familiar with what stress means, this issue is gaining even more mileage with today’s discussions of mental health. The article “Stress leave a rising source of contention for employers,” from the May 28 issue of The Denver Post, reports a growing number of stress-related complaints and employee claims alleging Family Medical Leave Act violations. Experts note solving “‘unnecessary’ sources of stress, such as outdated computer systems and inadequate training and support for new employees” can help mitigate employees’ stress. The bottom line of the stress claim is, “What can I do to make your job easier?”

Create Culture Quality top management understands the need to consciously create a culture that is effective for its industry. Top management is always watched—is what you do ethical and fair? Is what you do thoughtful and effective? Is any idea welcome? Another famous trait of Google is to flatten hierarchies to create an environment conducive to effective problem solving. “Google doesn’t attract the world’s best based on a high salary; rather, they’re attracted to the casual work environment and wafer-thin hier-

archy ... any idea is welcome,” according to Forbes article “The Decline but Not Fall of Hierarchy—What Young People Really Want.”

Get Help In the same way we hire our accountants or information technology staff, we need to effectively support our talent management. Whether or not we have the ability, we certainly do not have the time to practice law effectively and take on an increasingly complex area of business management. A large firm, already familiar with staffing a human resources department, may want to ensure HR is encouraged to follow the latest trends in talent management. That staff may need permission to hire consultants and to hold management accountable to a higher standard. A small firm or solo can hire a management consultant, or organizations such as Mountain States Employers Council, to help with these issues. An effective consultant will recognize that while he or she is needed to catalog ideas and present suggestions, the consultant is not a substitute for the culture that we as lawyers can and do create. By often asking our staff, “What can I do to make your job easier?” and by listening and following up on those answers, we can create a culture of success in talent retention that rivals even the advanced tech industry. D Docket Committee member Alicia McCommons is not associated with OtterBox, but she is intrigued by the idea of floating with a raft of otters. She may be reached at ajmcco@msn.com.

July/August 2013 I The Docket

Preview of a Future Practice

New Event Gives Young Lawyers Peek at Niche Practice Areas by J e ssica Bl a ck Li v ing st on, S ar ah G ib s on, and M e redi t h Van Horn

it is that young lawyers in that practice area do day to day. Each event features a panel of three to four speakers, all of whom are young lawyers. ractice Area Preview, a recently The first event, held on April 16 launched series, offers young at Katie Mullen’s, focused on environlawyers and law students the mental law. The program featured three opportunity to network and to learn dynamic speakers, each representabout various practice areas from the ing a different facet of environmental perspective of young lawyers. practice: Matt Sandler, a staff attorney After recent focus-group discusat the nonprofit organization Rocky sions, the Denver Bar Association Young Mountain Wild; Matt Larson, an assoLawyers Division found that its memciate at Wilkinson Barker Knauer, LLP; bers want to learn from and interact with and Derek Turner, an assistant attorney their peers at events that are less formal general for the Natural Resources and than typical continuing legal education Environment Section of the Colorado programs. The Practice Area Preview Attorney General’s Office. After a half program is an informal happy hour, prohour of general networking, each of the viding a relaxed atmosphere for young speakers briefly talked about what it is lawyers and law students to chat with like to practice in the field of environother young lawyers practicing or intermental law as a young lawyer and how ested in a particular area of the law. The he arrived at his current position. program gives young lawyers a chance Sandler described how he worked to hear how other young lawyers came as a public defender for two years and to practice in a particular area and what also clerked for a judge prior to landing his dream job working for Rocky Mountain Wild. His story provided hope to the young attorneys in the crowd working in other areas of the law but seeking employment in the environmental field. Sandler practices largely in federal cour t to New Ideas, Winning Strategies and Better Results. to protect species t h ro u g h o u t t h e intermountain west from the various environmental and habitat pressures they face. August 1–3 in Snowmass Village Larson spoke about his experiat the NEW Westin Snowmass Resort ence working for Applied for 24 Credits/4 Ethics Credits medium- and largeMembers and Non-members Welcome sized law firms, For more information and to register, visit practicing environwww.ctlanet.org or call (303) 831-1192. mental and energy

Opening the Door 2013 CONVENTION

14 The Docket I July/August 2013

law. His career path started as a summer associate at a firm where he made the connections that enabled him to later get a job there. With a practice focused on state and federal environmental and energy regulatory issues, Larson counsels utilities on applicable regulations and works on matters before the Colorado Public Utilities Commission. Turner’s path to his current position began after law school as a law clerk for Colorado Supreme Court Justice Gregory Hobbs. After his clerkship, he joined the Attorney General’s Office, where his practice focuses on water law. Turner remarked that water law is a unique and interesting practice area because of its separate court system and reliance on knowledge of science and engineering. With networking as an important component of the event, each of our speakers mingled with young lawyers and law students following the introductions, providing participants with an opportunity for more individualized discussion. Stay tuned for future Practice Area Preview events coming this fall. If you have an idea for an event topic or would like to suggest a young lawyer speaker, please email Jessica Black Livingston at blackja@gmail.com. D Jessica Black Livingston is a law clerk for 10th Circuit Court of Appeals Judge Neil Gorsuch. She is a member of the DBA YLD’s Executive Council and serves as its treasurer. She may be reached at blackja@ gmail.com. Sarah Gibson is a hearings officer with the Colorado Department of Labor and Employment. She has been a member of the DBA YLD’s Executive Council for two years, where she focuses on planning events for young lawyers. She may be reached at sarahlaurel@gmail.com. Meredith Van Horn is an associate at Heil Law & Planning, LLC in Denver, where she practices land use and municipal law. She is a member of the DBA YLD’s Executive Council. She may be reached at meredith@heillaw.com.

Wellness Brief

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

here is a higher incidence of stress and depression among attorneys and judges than the general population, according to the American Medical Association and the American Bar Association. Additionally, studies have found that lawyers suffer from stress-related conditions such as high blood pressure, headaches, fatigue, asthma, insomnia, heart disease, and face weight management issues at an above-average rate. Yoga can serve as an antidote to these less pleasant byproducts of the legal profession in one fell swoop. The Denver Bar Association will offer a free yoga class for members every Friday from 5:30 to 6:30 p.m., starting Sept. 6, at 1900 Grant St. on the 10th floor. How can yoga help you? Many attorneys are now using yoga to achieve stillness and peace amid the hectic pace and turmoil of the workday. Of course, anything that gets someone away from

a desk, eighth cup of coffee, cola or diet cola, and bag of Tostitos is bound to improve matters. Yoga purifies and strengthens the body, mind, and spirit as it increases blood flow throughout our bodies. According to brain health specialists, the practice of yoga not only benefits our muscles, organs, and connective tissue, but it also enlivens our brains as it delivers nutrients while removing toxins and waste. There are as many kinds of yoga as there are areas of law practice, all of them low-impact, with varying amounts of intensity, creating movement that is tailor-made for your body and disposition. Among the many health benefits of this ancient practice recognized by modern science are flexibility, strength, mental sharpness, and relaxation. The result is a formidable trifecta: a lawyer who is physically well-tuned, mentally attuned, and karmically in tune. “Yoga helps me step out of my hectic world and focus and relax,” said DBA President Dan McCune, who does yoga as often as he can and is “looking forward to doing yoga at the bar!” But don't take my word for it: Grab a mat and assume an asana. Experience the results—res ipsa loquitur. D

Lorraine DAversa is a nutritionist, lifestyle coach/consultant, and marriage and family therapist. She may be reached at lorraine@attainyourvision.com. Check out Lorraine’s Video Downloads at bit.ly/11leRDF. In one of her videos, she explains three easy yoga moves to do when you get out of bed each morning.

Common Food Myths — Busted! Myth: Dairy is good for us because it builds strong bones and teeth and is needed because it is our sole source of Vitamin D. Why it’s busted: Dairy robs your body of calcium because it is acidic and your body neutralizes the acid in dairy by pulling calcium from your bones and teeth. A 12year Harvard study of 78,000 women found that women who drank milk three times a day actually broke more bones than women who rarely drank milk. So where do I get my calcium? The same place a cow gets it: eating dark green, leafy plants! Furthermore, the best source of vitamin D is sunshine. Vitamin D found in milk is only there because it was added to it during its enrichment process. For more on this topic, visit bit.ly/12SEbDG or see the 7th edition of “Dr. Spock’s Baby and Child Care.”

Whole Food, Plant-Strong Recipe of the Month: Grilled Veggie and Bean Burritos (serves four) Ingredients:

• 1 cup organic sweet potatoes, peeled and cubed • 1 cup organic red pepper, chopped • 1 cup organic green pepper, chopped • 1/2 cup organic carrots, chopped • 1/2 cup organic tomatoes, chopped • 1 cup organic onion, chopped

• 2 teaspoons organic garlic, minced • 10 ounces cooked black beans, rinsed and drained • 1/4 cup organic cilantro, chopped • 1/4 cup organic jalapeño peppers, chopped (optional) • 1 teaspoon organic lime juice • 4 nine-inch whole wheat tortillas

Directions:

Preheat oven to 400 degrees. Mix sweet potatoes, red pepper, carrots, green pepper, onion, garlic, tomatoes, and jalapeño peppers in a large bowl and transfer to a rimmed baking sheet lightly sprayed with olive oil cooking spray. Bake for 25 to 30 minutes, tossing halfway, until vegetables are tender. When vegetables are done, allow to cool slightly and combine with black beans, cilantro, and lime juice in a large bowl. Heat tortillas in a frying pan for five to 10 seconds to keep them from cracking when filled. Divide mixture among tortillas. Fold the ends of the tortilla in and then roll. Wrap each burrito individually in aluminum foil to keep warm and moist.

Please send your favorite Whole Food, Plant-Strong Recipe to Lorraine DAversa at lorraine@attainyourvision.com. Each month, we will select one recipe to appear in The Docket. The winner will receive a $25 gift certificate to Whole Foods Market. July/August 2013 I The Docket

Jackson Settles Into New Role on County Court

by D ennis P. Walke r

had the pleasure of trying a case in front of Gary Jackson when he served on a Supreme Court board charged with the task of considering the contested admission of a lawyer. We worked through troublesome issues about the lawyer’s expected suitability for the practice of law. A unique due process question arose about prior misdemeanor sentencing conditions for the law school graduate in that protracted case. Jackson’s questions while volunteering his time serving on that panel demonstrated great insight. His work showed a keen sense for resolving the difficult balance between the rights of a lawyer seeking admission and the protection of people whom lawyers must serve. It was a preview of the thoughtful

16 The Docket I July/August 2013

Gary did not limit himself to the defense of criminal matters. He represented individuals and businesses. He handled complex negligence and commercial matters. He also advocated for many people in their civil rights claims. A couple years later, I enjoyed a few lunches with Jackson at M&D’s Barbeque. We discovered that Jackson’s regular racquetball partner was one of my officemates. Jackson broadened his practice and assisted families, juveniles, students, and athletes in their challenging cases. He worked for years in the litigation of professional liability matters. He helped many lawyers confront professional responsibility issues. Colleagues have turned to Jackson for skilled representation for their difficult personal circumstances. He also took on battles for lawyers seeking readmission after a period of suspension. His diverse experience should serve Denver well. For instance, he has had the rare opportunity of both prosecuting and defending people charged with firstdegree murder. Jackson is known for his sense of humor, compassion, and intelligence, but when I recently met with him, I began to appreciate his passion for mentoring lawyers and young people. He knows the importance of such relationships. He counts Judges Irv Ettenberg, Gregory Mueller, Zita Weinshienk, and James Flannigan among his early influences in becoming a trial lawyer and a

approach he would take from his practice and volunteer work to his role as a Denver County judge. Jackson was sworn in and took the bench in January. I first became acquainted with Jackson when he was working as a partner in a prominent firm in Cherry Creek, after his work as a deputy district attorney in Denver and his service as an assistant U.S. attorney. Our common denominator was his history in the Denver D.A.’s Office with one of my partners, Jack Rotole. In the early 1970s, they became friends while living in the same apartment complex in Capitol Hill. At that time Jackson drove a muscle car and sported a prominent Afro. Denver County Judge Al Harrell swears in Gary Jackson to the bench while his wife Regina stands by. In private practice,

Sports hold vital connections for Jackson. Often, he can be seen at local high school basketball and football games enjoying the game and connecting with his community. professional. He too has paid it forward to others in the profession. Jackson recently worked with Colorado Supreme Court Chief Justice Michael Bender and former Gov. Bill Ritter in conducting day-long seminars for Colorado bar leadership. His former mentees are leaders in the bar and on the bench. Earl Wylder, a trial lawyer and basketball aficionado who has known Jackson for many years, shared one of his favorite stories about the new judge. He described with delight how Jackson, Judge Michael Mullins, and he took the entire East High School Angels Boys Basketball team to lunch at Strings.

Sports hold vital connections for Jackson. Often, he can be seen at local high school basketball and football games enjoying the game and connecting with his community. I have heard that (like me) he grew about six inches while in college—that delay may have unfortunately hindered the chances for his talents in basketball to be noticed earlier. Whether in basketball or racquetball, he has always been a joyful competitor. Jackson declared his ambition for the judicial challenge after 36 years in his firm. That meant giving up his long partnership with Michael DiManna and his presence in their office of more than

30 years in the beautiful building at 1741 High St. He likely won’t miss time sheets and billing statements, but there is no doubt Jackson will miss his clients. He shared with me his emotions over the recent mutual closing of a file in a meeting with a client after seven years of friendly involvement with her and her family, working on the management of funds Jackson helped them recover for the wrongful death of her firefighter spouse. We can safely assume that Jackson continues his dedication to serving people and helping sort out their problems. D Dennis P. Walker is an attorney with Irwin & Boesen, PC. He may be reached at dwalker@coloradolawyers.com.

Financial Assistance for Colorado lawyers

The DBA Waterman Fund

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

July/August 2013 I The Docket

When Choosing Pleaded or Pled, Grammar Pitted Against Popular Usage by Natalie We st

ince law school, I’ve been engaged in what seems to be a never-ending debate over the use of “pleaded” versus “pled.” For the record, I prefer pleaded. As a graduate of legal writing guru Bryan Garner’s alma mater—and his school of thought—I learned early on that pleaded is the correct past-tense form. According to Garner’s “A Dictionary of Modern Legal Usage,” pled is an “alternative past tense form to be avoided.” I generally like being grammatically correct, so I’ve used pleaded ever since. And, yet, I’m confronted almost daily with the use of pled by colleagues, which, as you might guess, leads to the aforementioned debate. I’m not the only one engaging in this discussion. In January, the Daily Report published a kicky dialogue between two Atlanta attorneys sparring over the issue,1 which in turn spawned a host of similar debates and commentary around

the Web.2 In fact, a simple Google search of “pleaded or pled” produced numerous links to articles and blogs weighing in on the merits of both, including a thoughtful discussion from the Columbia Journalism Review.3 So, what’s the verdict? Well, that depends. For the grammar nerds out there who, like me, take great pride in being grammatically correct, use pleaded. Nearly every writing guide—legal or not—prescribes pleaded as the preferred form and counsels against the use of pled.4 Never mind that none provides any great explanation as to why pleaded is correct—the consensus is still clear. Indeed, according to the Oxford English Dictionary, even William Blackstone used pleaded. If that doesn’t convince you, just look to the U.S. Supreme Court. As Brian Boone reported in the Daily Report, U.S. Supreme Court justices overwhelmingly prefer pleaded, which appears in more than 3,000 opinions, compared to a

Colorado Lawyer Assistance Program The Colorado Lawyer Assistance Program (COLAP) is a confidential, independent program established by the Colorado Supreme Court pursuant to Rule 254. COLAP’s mission is to assist judges, lawyers, and law students suffering from physical or mental disabilities or other impairments that affect their ability to be productive members of the legal community. COLAP provides educational programs (including ethics CLEs); assessment and referrals; information about obtaining mentors and sponsors; assistance with interventions; formal and informal monitoring programs; and aftercare assistance and referrals. For more information or for confidental assistance, please contact Barbara Ezyk, Executive Director, at 303.986.3345 (land line); 303.906.2940 (cell); 855.986.2126 (toll free). Visit our website at www. coloradolap.org.

18 The Docket I July/August 2013

paltry 56 uses of pled.5 Following suit, federal judges in Colorado generally favor pleaded, as well, albeit by much closer margins. A Westlaw search of opinions from the U.S. District Court for the District of Colorado over the last 10 years showed that pleaded appeared in 1,625 opinions, compared to 1,338 appearances of pled. A similar search of 10th U.S. Circuit Court of Appeals opinions showed 6,195 hits for pleaded and only 4,701 hits for pled. For those of you who eschew tradition and legalese—or who think that “pleaded just sounds ridiculous,” as one of my closest friends says—you’re not alone. The Oxford English Dictionary notes that pled, once considered a chiefly dialectical form dating back to the 16th century, is now used in Scottish and American English (although it’s largely obsolete in British English). As for American lawyers, pled is clearly the preferred form. Three online polls published by the blog Above the Law and the American Bar Association show that law-

yers consistently favor pled by significant margins: 57 percent responding to the 2011 Above the Law poll (though down from 62.5 percent who voted in a 2008 poll) and 69 percent in the 2013 ABA poll favored using pled. It appears most lawyers agree that pled just sounds better. State court judges also use pled more often than not: A Westlaw search of Colorado appellate decisions in the last 10 years produced 374 hits for pled and 300 hits for pleaded. That result is mirrored by the rest of the nation’s judiciary, which as a whole appears to prefer pled by a similarly small margin.6 It’s safe to say that pled has achieved an acceptable place in modern discourse. Even Garner concedes that point.7

As for me? I’m sticking with pleaded. Pled may be more popular, but at least I’ll be “correct.” D Natalie West is an associate in the Trial Group at Davis Graham & Stubbs LLP. Like Bryan Garner, she received her J.D. from the University of Texas School of Law in Austin, Texas. She may be reached at natalie.west@dgslaw.com.

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, content, or member announcements to Editor Sara Crocker at scrocker@cobar.org.

1 Chandler and Boone, “War of the words: pleaded vs. pled,” Daily Report (Jan. 15, 2013) at bit.ly/11xnChU. 2 See, e.g., Mickle, “Informally speaking, ‘pled’ is still all right,” Daily Report (Jan. 31, 2013) at bit.ly/11pwN2O; bit.ly/10xU1zK (blog post dated

Jan. 23, 2013); bit.ly/10Wj8gC (undated blog post). 3 See Jenkins, “Pleaded Guilty: A Modest Plea,” Columbia Journalism Review, at bit.ly/17XpV1R. 4 See, e.g., Garner, “The Redbook: A Manual on Legal Style” 262 (2d ed. 2006) (identifying “pleaded” as “the correct past tense”); “The New York Times Manual of Style and Usage” 263 (1st rev. ed.) (prescribing “pleaded,” without comment); “The Associated Press Stylebook” 215 (2011); “The Chicago Manual of Style” (16th ed. 2010) (“Avoid pled.”). 5 Boone reported that the Supreme Court used “pled” in 26 decisions. This author’s subsequent search showed the use of “pled” in 56 decisions. 6 Eugene Volokh, the law professor who publishes the blog “The Volokh Conspiracy,” says a 2010 Westlaw search confirmed that “pled” gets more hits. See bit.ly/17lPbh8. 7 To be clear, Garner maintains that “pleaded is dominant and best used in legal writing.” Garner, “The Redbook: A Manual on Legal Style 262” (2d ed., 2006).

July/August 2013 I The Docket

The Difficulty in Traveling to a Place that Doesn’t Exist by Paul K ennebeck

he German optometr ist in the small ground floor office on East 65th Street, who took our case as a medical emergency, charged no payment; she would accept no gratuity. She was kind and gracious, speaking with an accent. My desire to express gratitude was overwhelming. If she sneezed, I could demonstrate my proficiency in German. The doctor’s office was not far from the Metropoli- The difficulty of navigating New York. tan Museum of Art where the medical emergency (trouble with a contact lens) began. The iPhone and compared it to the picture on lens collapsed in the Greek antiquities his tablet. He put down both devices on section while looking at an absolutely the passenger front seat and looked out perfect, immaculately preserved black the window at the decrepit brick buildfigure vase from the Classical period. ings. The cabbie was soft-spoken and The contact had begun its fiery implovery kind; it became immediately clear sion near the Minoan artifacts, survived that there is no cognitive relationship through the display of kouros, hung in between human kindness and knowledge there through some statuary copies of of New York topography. Polykleitos, and then gave up. (Why are we still learning basic life This visit to the Greek antiquity seclessons when we've been enrolled in the tion of the Met was a way to make up for course for so long?) the previous day’s troubling adventure by taxi, traveling through the outer bor*** oughs of Manhattan to Nassau County, We wanted to find this elusive Greek where no one ever takes a cab from ManTown because it is loukoumades, spanahattan because it requires a revolving kopita, tiropita, Metaxa, ouzo, tsipouro, credit line to pay the fare. calamari, stuffed green peppers, bamas, The purpose of the cab ride was to baklava, prosforo, real yogurt, souvlaki, visit Greek Town, which might be in avgolemono soup, pasticcio, moussaka, Astoria, N.Y. black olives, brown olives, red olives, When the Senegalese cabbie took feta if it’s the real thing, lamb cooked us from the Upper East Side to the far in lemon, oregano, salt, and pepper. side of the East River where we thought Also, not to put too fine a point on it, we should be, he parked the taxi near a democracy, Socrates, Plato, Praxiteles, number of desperate-looking brick housEuripides, etcetera etcetera. ing projects whose only resemblance to By way of background, it is worth Greece was their economic status. This noting that the Greek Towns in Vanbeing a location we had no desire to be couver and Toronto are delightful, at, I showed the cabbie my iPhone, which sporting many esoteric grocery stores, displayed a map marking where Google restaurants, tavernas, shops for bapsaid “Astoria NY Greek Town” was tisms, bridal dresses (but not in that located. order necessarily), tourist swag, and The cabbie studied the picture on my books and magazines. Some streets in

20 The Docket I July/August 2013

Toronto bear both the English name and the Greek name: Danforth Avenue = OΔOΣ ΝΤAΝΦΟΡΘ. Since it has been purported that Astoria possesses the greatest number of Greeks living outside Athens, it followed with Aristotelian logic that the charm of its Greek Town would surpass all others. We heeded the advice on my iPhone and the cabbie’s tablet, traveling many miles east to Rockville, in Nassau County. The cabbie left us off. Very cold. We did not see a Greek Town. We discovered a Greek restaurant and spoke to the non-Greek waitress who said she had no idea where Greek Town was. Having had no breakfast, we crossed the street to a Dunkin’ Donuts. It’s been decades since donuts appeared at an office breakfast meeting—the past 20 years nothing but bagels, cream cheese, bananas, and bottles of juice and water. The chocolate donuts hit the spot out there in Rockville. So, what to do? When you are in need of the basics in life, go to the Church Lady. Every church has one. (They make the church run, in my experience, by which I mean the secular day-to-day stuff, like turning on the air conditioning and getting the keys to the bathroom. I’m not talking about their ability to explain Pauline Christology, the errors in the synoptic gospels, or the influence of the Q document on Mark. The guys on the altar can answer your questions about that.) Using Google, I found the phone number for a Greek church in Astoria, explained our dilemma and, when I told the pleasant Church Lady we were looking for Greek Town, she told us to come to 35th Avenue and 30th Street in Astoria. The next step was to do the New York cab thing where you stand in the street by the whizzing traffic and raise

your hand and wave like a politician at election time. But no cabs. I asked the donut guy where to catch a cab and he pointed down the block to the Rockville Railroad Station where all the cabs are. Turns out it’s against the law for a cabbie to pick up a passenger on the street in Rockville when the passenger on the street needs a cab. I was willing then and am willing now to accept this as a fact of life. *** In Astoria, we exited the cab to a pleasant residential neighborhood. Nice homes, green lawns. (The trees were just beginning to leaf.) But no Greek Town. At a bodega-like store that sold food and lotto tickets we got directions to walk five blocks north to Broadway, where we would see Greek restaurants. It wasn’t as miserably cold as it could have been. On Broadway we saw no Greek Town. We entered a Greek butcher shop (Pascha lambs hanging in the window) and asked directions to Greek Town. Maybe cutting up small dead animals gave the butcher an attitude. “What are you looking for?” he asked. “A street of Greek shops, restaurants, stores, bakeries—” “There’s a Greek restaurant up the street.” “No, no. A street of restaurants, shops, pastry shops—” “There’s a pastry shop past the restaurant.” He had attitude—the type of guy who can throw a bowl of warm goat intestines at a fellow butcher and get away with it. We ate at the Greek restaurant up the street: stuffed pepper, a cold Mythos beer, and the kind of beans that always make me think of Hannibal Lecter. The waitress gave us the recipe for the killer beans. (It’s vegetarian.) In the ensuing conversation with the Greek waitress about our search for Greek Town, it occurred to me what might have occurred to you, dear reader, long ago. There is NO Greek Town in Astoria. The waitress gave us the address of a Greek specialty store we wanted to visit. Seven blocks away. It was not as cold as it could have been. We walked the seven blocks to the

precise address of a Greek store that did not exist. We took a cab back to Manhattan. And it became clear why it took Odysseus 10 years to find his way home after the Trojan War. *** OK , maybe I’m no good with e-things. Every time I use my iPhone I learn the temperature in Cupertino. Maybe when the cabbie got on his tablet and me on my iPhone and we both got the same Google map for Greek Town, we screwed up. Here’s another thing, even worse, though probably too unrealistic to be true: What if Greek Town was one more block over? Maybe two? It also occurred to me that someone, anyone, any waitress, butcher, chef, cook, could have said: “Sir, you are a stupid and uneducated traveler.” “Tell me about it.” “Sir, as stupid and uneducated as you are, you should know a fact I am about to tell you.” “Always willing to learn.” “Sir, you are a stupid and uneducated traveler because, you see, sir, there is no Greek Town in Astoria.” Not a single soul ventured to tell me that. It wasn't until much later, when we were back in Manhattan and we went down to Wall Street to actually see the men and women who’ve dumped my IRA into the East River, that we confronted the horribly metaphorical signs pictured above. B u t t o m o r ro w everything would be good. To m o r r o w w e were going to go to the Metropolitan Museum of Art and visit the Greek antiquities section. D

A street like this in Tinos does not exist in Astoria. and practices law in Denver. Besides enjoying reading and writing, he enjoys various things Greek, among them the country’s history and its wonderful food. He may be reached at pkenne5525_5@msn.com.

Paul Kennebeck lives with his family July/August 2013 I The Docket

Calling All Superheroes...

Join the Wheels of Justice

$1,600,000, That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised for

Children’s Hospital Colorado in the team’s first seven years. Last year, our riders, sponsors, and volunteers all worked together to raise more than $310,000 for the Children’s Center for Cancer and Blood Disorders in the Courage Classic Bicycle Tour. In 2013, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado.

Join as a Wheels of Justice rider and enjoy terrific benefits, including cool team gear, weekend training rides, coaching sessions, and great events. Join as a Wheels of Justice sponsor and you’ll join Denver’s top law firms and businesses in receiving excellent publicity and benefits. For more information, visit wheelsofjusticecycling.org.

Thanks to our 2013 sponsors who have already helped us raise more than $110,000. Please join them!

22 The Docket I July/August 2013

BRIEFS DBA Closed for Fourth of July In observance of the Fourth of July holiday, the Denver Bar Association will be closed on Thursday, July 4, and Friday, July 5, but will conduct normal business hours the rest of the week.

School Supply Drive —July 15–26 The DBA Community Action Network Committee is sponsoring its Annual School Supply Drive to benefit Denver Public Schools and Children’s Outreach Project. To sign up, go to dbacan.com and click on “Sign-up Your Firm.” Contact Heather Clark at hclark@cobar.org or Kate Schuster at kschuster@cobar.org for more information.

S olo and S mall F irm M ember Benefit Mixer—July 25 Solo and small firm practitioners face two daunting challenges every single day: practicing law and running a business. Join the Solo and Small Firm Section for a fast-paced, professionally facilitated interactive workshop to find out what practice management issues bug you the most, what you’re doing about them already (or not), and whether what you’re doing is working (or not). Attendees will also be introduced to the concept of joining a Peer Counsel Group, where you’ll be able to easily get the practice management help you need—and also enjoy yourself and make some great friends and professional colleagues along the way! The event will run from 5 to 7 p.m. on Thursday, July 25, in the CBACLE large classroom, located at 1900 Grant St., Suite 300. RSVP by July 22 to lunches@cobar.org. Cost to attend is $5.

Seniors Golf Tournament—Aug. 13 This year’s tournament, hosted by the DBA’s Seniors Committee, will be held at Homestead Golf Course, located at 11500 W. Hampden Ave. in Lakewood. Lunch will be served at noon, with golf to follow. Cost is $50 per player. To RSVP, email Alexa Drago at adrago@cobar.org.

Denver Lawyers Arts and Literature Contest Winners Named The Docket Committee has selected eight artists and writers to be featured for their works in the September issue of The Docket. The winners are: Leslie Kaye for “Ink Doodle” in the Drawing category; Leslie Matthews for “Esalen” in the Painting (oil/acrylic/mixed media) category; Jay Breese for “Gonna Be a Good Day” in the Painting (watercolor) category; Dan Shifrin for “Faceoff” in the Photography category; Barry Bartel for “Roots and Branches” in the Sculpture category; Andy Engeman for “Richochet” in the Fiction Writing category; Catherine Ricca for “An Elevator Operator’s Fine Art” in the Nonfiction Writing category; and Erin Agee for “Twelve” in the Poetry category. Read more about the winners and see their works in the September issue.

Sign Up for DBA Lawyers Football League This fall begins another season for the Denver Bar Association Lawyers Football League. The season runs from the weekend after Labor Day to the first weekend in November. Interested teams or individuals should contact John Stevens at jhs@giffordstevens.com or 303-4955988.

DU O ffers W orking T uition Scholarship for MSLA Program The University of Denver Sturm College of Law’s Master of Science in Legal Administration program is offering a 15 percent tuition scholarship for individuals working in a Colorado law firm. This discount will be applicable for academic years 2013 and 2014 only. The MSLA program has been educating students on the management and operations of law firms, courts, and legal organizations since 1972. Classes are offered both online and on campus. Students may attend full-time and complete the program in one year, or opt for the parttime Executive Option and complete the

program in two to four years. For more information about the tuition discount and the MSLA program, please contact Program Director Hope Kentnor at (303) 871-6308, msla@law. du.edu, or visit law.du.edu/msla.

D av i s A wa r d N o m i n at i o n s Sought; Deadline Sept. 1 Nominations are invited for the 2013 Richard Marden Davis Award to honor attorneys under the age of 40 who have demonstrated excellence as a lawyer and leadership in Denver’s civic, educational, and charitable activities. The award was established by Davis Graham & Stubbs, the family of Dick Davis, and the Denver Bar Foundation in 1992 to recognize successful and communityminded young attorneys in private and public practice, and to inspire new members of the Denver legal community. The 2012 Davis Award recipient was Franz Hardy of Gordon & Rees. Nominations are due Sept. 1. Download a nomination form at dgslaw.com/about-dgs/dickdavis-award. Questions? Contact Margee Fawley at (303) 892-7528 or margee.fawley@dgslaw.com.

Thank You to 20 Years of Lawline 9 Volunteers In the June issue of The Docket we ran an article outlining the history of 20-year partnership between the Denver Bar Association and 9News for the weekly call-in program, Lawline 9. (Read it online at bit.ly/105jMLo.) We also ran the names of the attorneys who have given their time and expertise in the past 20 years. We left a few people off, and we thank you for letting us know so that we can recognize them: Joe Dischinger, Karen Larson, John Stewart, and Brett Wendt. Thank you for your commitment to and support of Lawline 9. You can view the list of volunteers online at bit. ly/14MrjR7.

July/August 2013 I The Docket

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$695/year or $65/month*

$1295/year or $110/month*

INDIVIDUAL Pricing:

*Monthly payment option requires 12-month commitment.

Firm Pricing

There are substantial discounts for firm pricing. Please call 303.860.0608 or 888.860.2531 for details.

GET YOUR CBA–CLE PASS TODAY

Phone: 303-860-0608 • Toll-Free: 888-860-2531 • Fax: 303-860-0624 • www.cobar.org/cle

24 The Docket I July/August 2013

CBA-CLE Calendar

JULY 2013

LIVE EVENTS AND LIVE WEBCASTS July 11-13, 2013 (multi-day event) The Willis Carpenter Real Estate Symposium, Snowmass, CO Submitted for 15 General CLE credits, including 3 Ethics July 18, 2013 The Business of Marijuana Submitted for 6 General CLE credits

July 24, 2013 E-Discovery Hot Topics Submitted for 5 General CLE credits, including 1.2 Ethics July 25, 2013 Residential Construction Defect Law Update 2013 Submitted for 3 General CLE credits

July 19, 2013 Elder Law Basics Submitted for 7 General CLE credits, including 1 Ethics

VIDEO REPLAYS July 11, 2013 Bankruptcy Update 2013 Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

July 17, 2013 Microsoft Word 2007/2010 - Advanced Techniques Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

July 12, 2013 Water, Oil and Gas - Water Sampling and Recycling Submitted for 4 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

July 18, 2013 Essential Legal Research Methods and Resources for Colorado Lawyers Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

July 17, 2013 Legal Drafting with Microsoft Word 2007/2010 Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

July 19, 2013 Federal Practice Update 2013 Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.

CBA CLE

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

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

www.cobarcle.org

July/August 2013 I The Docket

Legal

AFFAIRS GOOD THINGS Otten Johnson Robinson Neff + Ragonetti PC is proud to announce that Mianne L. Besser has been re-elected president, Besser of the Rocky Mountain Paralegal Association for 2013–14. Besser has been a paralegal with the firm since 2009 and works with the firm’s litigation group as they represent business and real estate clients in litigation, bankruptcy, and land use matters. The Legal Aid Foundation of Colorado is pleased to welcome the following lawyers to its Board of Trustees: Amy Benson (Bryan Cave HRO), Rebecca Anderson Fischer (Sherman & Howard), Tamara F. Goodlette (Rothgerber Johnson & Lyons), Eric R. Olson (Bartlit Beck Herman Palenchar & Scott), Heidi C. Potter (Berg Hill Greenleaf Ruscitti), Jonathan W. Rauchway (Davis Graham & Stubbs), Judge W. Terry Ruckriegle (Former chief judge of the Fifth Judicial District Court and Colorado Bar Association president), Erin Sokol (Sokol & Brewer), and Chantell Taylor (Hogan Lovells). Davis Graham & Stubbs LLP attorney Terry Miller was honored by the Colorado Lawyers Committee as a “2013 Individual of the Year” for his pro bono contributions leading the defense of the school finance appeal in Lobato v. State of Colorado. Miller was recognized along with his team members from other Denver law firms, Kathleen Gebhardt of Children’s Voices, Inc., Jennifer Weiser Bezoza of King & Greisen LLP, and Marcy Glenn of Holland & Hart LLP, who were also honored as Individuals of the Year. Miller helped lead the team of appellate attorneys. The appellate team also included DGS attorneys Kyle Brenton,

John Bowlin, Kenzo Kawanabe, Andy Low, and Anna-Liisa Mullis, who each donated significant amounts of time to the case. R i c k Po o r m o n and Sarah Kieny from Riggs, Abney, Neal, Turpen, Orbison and Lewis, successfully raised more Poormon & Kieny than $1,000 for the Food Bank of the Rockies as a part of team doing the Cherry Creek Sneak on April 28. The event marked an opportunity to get together outside the office and fight against hunger in the Denver metro area. Kilpatrick Townsend & Stockton announced today that attorney Jason Sanders was recently appointed to the Colorado Bar Association’s ProBoPat steering committee. T h e D B A Yo u n g Lawyers Division Executive Council is pleased to announce that three new members have been Levkulich elected to the Executive Council: Chris Levkulich, Kevin McReynolds, and Mo Weiland. They will fill the seats previously held by Sarah Oviatt, Sudee McReynolds Mirsafian Wright, and Jake Eisenstein. Levkulich is in private practice as a solo practitioner, focusing his practice on criminal defense, civil litigation, Weiland and family law. McReynolds is an assistant attorney general in Colorado’s criminal appellate division. Weiland is an associate with Fennemore Craig, P.C. In addition, current Executive Council member Beth Mankamyer was elected as chair-elect. Mankamyer Mankamyer

is an attorney at Benjamin Bain Howard & Cohen, LLC and practices in real estate transactions and corporate law, focusing on real estate development and business formation. Marilyn Chappell, special counsel at Wells, Anderson & Race, LLC, was elected to the Board of Directors of the Faculty of Chappell Federal Advocates, which is dedicated to improving the quality of legal practice in the U.S. District Court for the District of Colorado. The Colorado Supreme Cour t announced that Justice Nancy E. Rice will serve as Chief JusticeRice designate in concert with Chief Justice Michael L. Bender until he retires as Chief Justice and from the Court on his 72nd birthday, Jan. 7. Bender Alan Loeb, a member of the Colorado Court of Appeals for nearly 10 years, has been appointed Chief Judge-designate, replacing retiring Janice B. Davidson as the court’s administrative leader. KUDOS Nathan Meier, president of Countr yside Community Homeowners’ Association, would like to thank attorney Landon Reed of Benson, Kerrane, Storz & Nelson, P.C. for his “wise, humble, and patient counsel” in a case involving a construction defect claim. “What is most impressive about Mr. Reed’s services to us as a client, aside from his profound knowledge and implementation of Colorado law, is his non-ego driven and amiable personality, combined with his professional application of calm. … It was an absolute pleasure to work with him

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.

26 The Docket I July/August 2013

and his team. He is the type of attorney that gives the legal process a good, or better, reputation within the current context of reality,” Meier said. CHANGES A r t h u r, C h a pm a n , Kettering , Smetak & Pikala, P.A. is pleased to announce the addition of Juan M. Avila and GregAvila ory J. Duncan as senior associate attorneys. Avila’s practice is focused on construction law, professional malpractice (architect and engineering), personal Duncan injury, premises liability, and products liability. Duncan practices in the areas of construction law, business litigation, personal injury defense, and premises liability. Reno & Cavanaugh is pleased to announce that attorney Richard Gonzales has joined the firm. Gonzales has experiGonzales ence with a wide range of business transactions, including financings from both public and private sources using tax exempt obligations, bridge permanent commercial loans, and tax credit investments. Otis, Coan & Peters, LLC is pleased to announce that attorney K. Michelle AmRhein has been promoted to senior associate AmRhein attorney. AmRhein has been instrumental in establishing and growing the firm’s estate planning and tax practice groups. Hutchinson Black and Cook, LLC is pleased to welcome John Clune to the firm as of counsel. His practice will continue to emphasize civil rights, personal injury, criminal defense, and family law. In 2009, he co-founded the Rocky Mountain Victim Law Center in Denver, the only Colorado public interest law firm for crime victims.

Alderman Bernstein is pleased to announce that Amy E. Arlander has joined the firm as an attorney. Arlander will be practicing in the areas of eminent domain and condemnation law, real estate litigation, land use litigation, and real estate transactional work. Pendleton, Wilson, Hennessey & Crow, P.C. is pleased to announce that Michael P. Curry has joined the firm as an associate. Curry’s practice focuses on general casualty and construction defect litigation. Burleson LLP continues to expand and is pleased to announce that Kendall McLaughlin Griffin, senior associate, and Bresee Sullivan, associate, have recently joined the firm as oil and gas attorneys. Sender Wasserman Wadsworth, P.C. is pleased to announce that Robert D. Lantz has become associated with the firm. His practice will focus on bankruptcy and litigation. Heidi Boerstler has been appointed chair of the Ethics Faculty Forum for the Association of University Programs in Health Administration. She is professor of Health Law and Ethics at the University of Colorado–Denver Business School. Judicial Arbiter Group, Inc. is pleased to announce that Shelly Dill Combs has joined JAG as a staff attorney. She Dill Combs most recently served as a career law clerk for four years for Judge James Casebolt of the Colorado Court of Appeals as well as a term law clerk for Justice Gregory Hobbs of the Colorado Supreme Court. Otten Johnson Robinson Neff + Ragonetti PC is pleased to announce the addition of Brian J. Connolly as an associate. Connolly Connolly will focus his practice on land use, real estate, and litigation law.

M o y e W h i t e L L P, announced that par tner Jim Cage has been appointed chair of the firm’s Trial Section. Cage Cage has represented clients in litigation matters before federal and state courts and administrative tribunals. He has experience in matters involving shareholder disputes, contracts, receiverships, employment discrimination, and labor relations, as well as occupational health and safety concerns. Wells, Anderson & Race, LLC is pleased to announce that William T. O’Connell III has been named a member of the O’Connell III firm. O’Connell’s practice focuses on employment and civil rights defense, product liability, and insurance defense. BRICK & MORTAR Brian Meegan, former shareholder with Ireland Stapleton Pryor & Pascoe, has launched a new venture, Watson (my-watson.com). Watson is an outsourced, comprehensive back-office solution for law firms.

Troubled by Rude and Unprofessional Attorneys? The following lawyers are willing to take calls on a confidential basis, for guidance, tips, and strategies for dealing with opposing counsel.

Ralph Torres (303) 297-8427 Teresa Wilkins (303) 791-9545 Fran Fontana (303) 468-2668 Sponsored by

the DBA Peer Professionalism Assistance Committee

July/August 2013 I The Docket

Dates on the

DOCKET DBA MEETINGS All DBA meetings are scheduled at 1900 Grant St., Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, (303) 824-5321, to schedule committee meetings so they will appear in this calendar.

July 4–5

DBA Offices Closed in Observance of the Fourth of July

July 9

Denver Access to Justice Committee Noon–1:30 p.m. Call Carolyn Gravit, (303) 824-5323.

July 10

DBA YLD Council 6–7:30 p.m. Call Heather Clark, (303) 824-5350. DBA Board of Trustees 7:30–9 a.m. Call Denise Lynch, (303) 824-5327.

July 15–26

Community Action Network School Supply Drive Call Kate Schuster, (303) 824-5312

July 16

Community Action Network Noon–1 p.m. Call Kate Schuster, (303) 824-5312

Aug. 1

Democracy Education Noon–2 p.m. Call Carolyn Gravit, (303) 824-5323.

Diversity in the Legal Profession 4–5 p.m. Call Andrea Mueller Arias, (303) 824-5323.

El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call (303) 295-9470.

Aug. 7

July 10

Docket Committee Noon–1 p.m. Call Kate Schuster, (303) 824-5312.

Aug. 8

DBA Board of Trustees 7:30–9 a.m. Call Denise Lynch, (303) 824-5327.

Aug. 13

DBA Seniors Committee Golf Tournament Noon–4 p.m. Call Alexa Drago, (303) 824-5313.

Aug. 14

DBA/CBA Professionalism Coordinating Committee Noon–1:30 p.m. Call Denise Lynch, (303) 824-5327. DBA YLD Council 6–7:30 p.m. Call Heather Clark, (303) 824-5350.

Aug. 20

Community Action Network Noon–1 p.m. Call Kate Schuster, (303) 824-5312

July 16

Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m. Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call (303) 573-1302. Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m. Call (720) 944-2594.

July 18

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

July 24

Lawline 9 4–6:30 p.m.

July 31

Aug. 13

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

Aug. 15

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

Aug. 20

Aug. 21

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

FOR THE PUBLIC

Lawline 9 4–6:30 p.m.

To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Meghan Bush at (303) 8245303.

Aug. 7

Aug. 28

July 3

Legal Night At

28 The Docket I July/August 2013

Lawline 9 4–6:30 p.m.

Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call (303) 295-9470.

Lawline 9 4–6:30 p.m.

July 15–26 Help Denver Public Schools and Children’s Outreach Project by collecting school supplies in your office Stuff We Need: Backpacks (all sizes) Pencils Pens Highlighter Pens Crayons Washable Markers Broad-Tip Markers Erasers Pencil Cases

Pencil Sharpeners Scissors Rulers Glue or Glue Sticks Staplers Staple Removers Pocket Folders Lined Paper Plain Paper

1” Binders Subject Dividers Agenda Books or Student Planners Wide-Bound Spiral Notebooks Lined Notebooks Pocket Dictionaries Thesauruses

Scientific Calculators Geometry Sets Compasses and Protractors Boxes of Tissue Bottles of Hand Sanitizer Kids Polo-Style Shirt (Navy or Red)

Sign-up your firm to participate in collecting donations. To sign-up visit dbacan.com and click on “sign-up your firm.” For ease of participation, RICOH will be picking up donations from all participating firms the week of July 29. Donation barrels are not provided for this drive. Please package all donations in easy-to-carry boxes.

Questions? Contact Heather Clark at hclark@cobar.org or Kate Schuster at kschuster@cobar.org.

Other ways to help:

Donate Cash. Please send your checks made payable to the Denver Bar Association to: Kate Schuster at 1900 Grant Street, Suite 900, Denver, CO 80203.

July/August 2013 I The Docket

Picture

THIS

May Admissions Ceremony Welcomes New Attorneys New attorneys were joined by family, friends, and new colleagues in the legal community to take the Oath of Admission and celebrate on May 28 at Boettcher Concert Hall. See more photos and download them, compliments of the Colorado Bar Association, at smu.gs/13qoylZ.

University of Denver Sturm College of Law Dean Martin Katz offered the keynote address.

Approximately 200 attorneys attended the ceremony.

Associates Give Nearly $85K for Annual LAF Campaign The Legal Aid Foundation of Colorado’s 2013 Associates Campaign raised nearly $85,000 to improve access to justice in the state. This associate-led effort raised 70 percent more than last year by recruiting 795 members of the legal community to help ensure access to civil justice for those who might otherwise go without. A record number of 43 firms participated in this year’s campaign, 19 of which had 100 percent participation among associates. Participants were recognized May 8 by Colorado Court of Appeals Judges Janice Davidson, Rich Gabriel, and Gale Miller. The winners of this year’s Associates Campaign competition were Jones & Kelller and Kaplan Kirsch & Rockwell (in the “Smaller Firm” category), Merchant & Gould (in the “Mid-Size Firm” category), and Wheeler Trigg O’Donnell (in the “Larger Firm” category). Associates Campaign Reps and Judges: From left, Mackenzie Morgan (Kennedy Childs), Chris Montville (Wheeler Trigg O’Donnell), Justin Cohen (Brownstein Hyatt Farber Schreck), Emma Garrison (Featherstone Petrie DeSisto), Kinny Bagga (Brownstein Hyatt Farber Schreck), Katie Roush (Reilly Pozner), Lala Wu (Kaplan Kirsch & Rockwell), Julie Krogh (Brownstein Hyatt Farber Schreck), Katie Dix (Littler Mendelson), Josh Berry (Kennedy Childs), Dimitri Adloff (Otten Johnson Robinson Neff & Ragonetti), Lara Nochomovitz (Jackson Kelly), Bree Gorynski (Hall & Evans), Rich Murray (Polsinelli), Nate Page (Holland & Hart), Clarissa Raney (Holland & Hart), Judge Gale Miller, Ryan Jardine (Kutak Rock), Sam Niebrugge (Davis Graham & Stubbs), Judge Janice Davidson, Charles Ciaccio (Morrison & Foerster), Judge Rich Gabriel, Tom Wagner (Moye White), Liz Titus (Davis Graham & Stubbs), Aaron Goldhamer (Jones & Keller), Scott Campbell (Gibson Dunn & Crutcher), Nick Fogel (Burg Simpson) and Leslie Schulze (Sherman & Howard).

30 The Docket I May 2013 2013 July/August

DBA Happenings Law Day Art Contest Winners Tour DAM Winners of the Denver Bar Association and Denver Public Schoolsâ&#x20AC;&#x2122; Law Day Coloring Contest visited the Denver Art Museum on May 15. Classes received guided tours of the museum, which also co-sponsored the contest and displayed the winning artwork. (Far Left) Cory Elementary School fifth grader Tyler Silverstein with his winning artwork. Art contest winner and kindergartener Jaela French, center, with her Gust Elementary School class before their tour of the art museum.

Three Individuals, Case Honored at CTLA Annual Spring Dinner The Colorado Trial Lawyers Association honored its members at its 16th Annual Spring Dinner on May 9 at the Denver Marriott City Center. (Clockwise) CTLA Jim Croshal with the Outstanding Service to CTLA Award recipients Mike Rosenberg, Tom Roberts, and Brad Levin of Roberts Levin Rosenberg, PC. CTLA New Trial Lawyer of the Year Award recipient Marc Harden. CTLA President Jim Croshal with Kenneth Norman Kripke Lifetime Achievement Award recipient W. Harold (Sonny) Flowers, Jr. of Hurth, Sisk & Blakemore, LLP. Beth Klein and Carrie Frank of Klein Frank PC, Marquette Wolf of the Law Firm of Ted B. Lyon & Associates, and their client David Dawson receive the Case of the Year Award for Dawson v. Fluor Intercontinental from Mari Bush, CTLA co-chair of the Case Assistance Committee and CTLA President Jim Croshal.

July/August 2013 I The Docket

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