2011 July/August

Docket The

Denver Bar Association I Vol. 33 Issue 7 I July/August 2011

Inside Shpoonkle: A Reverse-Auction Site for Legal Services

by Nicole M. Mundt

A New President in Bloom

Ilene Lin Bloom

will take the helm, bringing energy and a passion for pro bono.

The Caffeine Blues: Sipping at Coffee Etcetera

by Greg Rawlings and Marshall Snider

Considerations for Choosing a Career in Public Service

by James Hardy

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©2011 Special Counsel, Inc. All rights 2 The Docket I July/August 2011reserved.

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Docket The

Denver Bar Association I Vol. 33 Issue 7 I July/August 2011

ON THE COVER 4

A New President in Bloom

10

Making a Career Change: Choosing Public Service

11

Shpoonkle: Justice for Legal Professionals?

19

The Caffeine Blues, Round Two

FEATURES 7

2011–12 DBA Governance

12

‘Deskercise’ for the Office-Bound

13

Alec Baldwin Kicks Off Family Law Institute

14

Practicing Law in a War Zone

16

Litigation & Plantation

21

Tips on What to Do When a Reporter Calls

23

Are You Ready For Some Football?

4

12

IN EVERY ISSUE 26

Legal Affairs

28

Dates on the Docket

30

Picture This

The Docket A publication of the Denver Bar Association.

Views expressed in articles are those of the author, and not the views of the authors’ employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313.

Docket Committee: Mariya Barmak, Norman Beecher, Becky Bye, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Nicole M. Mundt, Eric R. Newmark, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J.

19

16 Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA Officers: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer Board of Trustees Members: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director Editor: Sara Crocker P.C. Editor: Chuck Turner Graphic Designer: Kate Mills (303) 860-1115

denbar.org/docket Copyright 2011. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

July/August 2011 I The Docket 3

Profile of the New DBA President

A New President In Bloom

by S ar a C ro cke r “The soul of a poet, the eye of an artist, the compassion of Atticus Finch, all wrapped into the Energizer Bunny.”

That was the succinct and vivid description Craig Joyce offered about Ilene Lin Bloom, the Denver Bar Association’s incoming president.

Bloom worked with Joyce on a federal case shortly after she moved to Colorado. Bloom had met Joyce’s thenpartner Bill Walters at a DBA committee meeting and they struck up a conversation. Walters brought Bloom on the case when he found out she was new to town and looking for work.

“She was a dream come true,” Joyce said. “Smart, energetic, good writer. I

4 The Docket I July/August 2011

don’t know how I would have done the case without her.”

In the nine short years Bloom has lived in Denver, she has made a distinct impact on the legal community. On July 1, she becomes the DBA’s 122nd president.

After moving to Denver from Chicago in 2002, Bloom immediately began establishing herself at the DBA through her participation in its Access to Justice Committee, then known as the Legal Services Committee.

“I joined that committee and I started to get to know more people around the bar association,” she said.

Since then, she’s left her mark in two areas that encourage pro bono work.

First, she helped draft the language for a new rule, C.R.C.P. 223, the Pro Bono/ Emeritus Attorney Rule, which allows

inactive and retired attorneys to provide such services to the indigent. She also was instrumental in drafting the model pro bono policy appended to Colorado Rule of Professional Conduct 6.1. This encourages lawyers to engage in pro bono work, with a goal of providing 50 hours annually. Bloom said she’s glad to see that the model policy has been a useful tool for firms.

“I think some firms have used the model pro bono policy for their own workplaces and it has assisted them in signing up for the Colorado [Supreme Court’s] pro bono initiative and in following through on that commitment,” she said.

Colorado Legal Services Executive Director Jon Asher says that where there is recognition for or encouragement of performing pro bono work, Bloom has helped—“they all have Ilene’s finger-

prints all over them,” he said.

For Bloom, pro bono has been ingrained in her practice from the start—her first job out of law school was coordinating pro bono projects for attorneys across the country at the international firm Winston & Strawn. She also carried her own pro bono caseload.

“For me, because I’ve been doing [pro bono] since day one, it just feels like a part of my practice,” she said.

Since moving to Denver, she has worked for law firms largely on a contract basis so that she had the flexibility to spend time with her family and to volunteer. When Bloom was awarded the DBA’s 2004 Young Lawyer of the Year, just two years after she relocated to Denver, it was noted in The Docket that she spent about half her time working Bloom with her husband, JJ Henrikson, and their children, Hayden, 3, and Harper, 1. on pro bono issues.

“I really think we have a professional “She is a natural leader,” she said. developing as we were going through it, responsibility to give back to the commu“She has all the best qualities you would but I enjoyed it because it was very spenity, especially because we have a license want in bar leadership—intelligence, cialized and it was interdisciplinary—it and no one else can help people with compassion, and vision.” was very, very pointed.” their legal issues,” she said.

Welch and Bloom met in law Bloom worked as an intern at what As Bloom looks toward her term as school—as fellows at the Civitas Childis now the Rocky Mountain Children’s DBA president, pro bono work will be a Law Center at the Loyola University Law Center when she was a second-year part of her message to members.

Chicago School of Law. Bloom was interlaw student. “[After that experience] I “I really want to continue to grow ested in becoming a lawyer because always thought about coming back to and strengthen Metro Volunteer Lawshe wanted to work with children, and Colorado,” she said. yers and members’ commitment to pro thought being a lawyer would give her Today, she has her own firm, Ilene bono,” she said. a chance to positively impact children’s Lin Bloom PC, and she largely works with During her term, she also hopes to lives. firms on a contractual basis. Bloom also highlight issues in the profession, such Her mother, Shirley Pasowicz, said is a regular volunteer at the legal nights as diversity, work–life balance, and proshe could see Bloom’s passion for the at Mi Casa Resource Center and El Cenfessionalism, but largely she hopes she legal profession emerging as a child. tro de San Juan Diego. Until recently, can respond to needs of the DBA as “Before Ilene ever expressed a desire to she served on the board of The Conflict issues arise. Given Bloom’s past involvebe an attorney, we used to joke that she Center, and she continues to support the ment with the DBA, taking on this role would make a good one, because she was organization. was a logical next step. a great debater, whether it was for disBalancing her work, volunteer“It just seemed like a natural procussions on a personal level or outside ing, and time with her family—she and gression to become more involved in that issues,” Pasowicz said. “But her interhusband JJ Henrikson have two chilway,” Bloom said. “Even five years ago, I est really blossomed in her high school dren—can at times be tough. did think to myself that I might like to be years.”

“It’s difficult, but that’s part of the the president one day.”

At Loyola, Bloom was part of the challenge,” Bloom said. “I think I’m wired Leecia Welch, an attorney at the inaugural class for the child-law program. like that—I need to have a lot of things National Center for Youth Law, is thrilled “It was the first of its kind,” she said. going on.” for her longtime friend to take on the “It was interesting being on the ground W hen Bloom talks about her presidency. floor of the program because it was really Bloom, continued on page 8 July/August 2011 I The Docket 5

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6 The Docket I July/August 2011

2011–12 DBA Governance Meet Your DBA Officers

Bloom

Benjamin

President Ilene Lin Bloom President-elect James G. Benjamin Immediate Past President Stacy A. Carpenter First Vice President William W. Hood III Second Vice President Lucia C. Padilla Trustees Catherine A. Chan Paul Chessin Janet Drake Michelle B. Ferguson Vance O. Knapp Daniel R. McCune Meshach Rhoades Daniel A. Sweetser Andrew M. Toft Young Lawyers Division Chair Gillian M. Bidgood Treasurer Richard Strauss Executive Director Charles C. Turner New Board of Governors Representatives Donna Bakalor James G. Benjamin Jaclyn K. Casey Sheri M. Danz

Carpenter

Thomas J. DeMarino Katayoun A. Donnelly James G. Gaspich William W. Hood III Jerri L. Jenkins Craig D. Joyce Vance O. Knapp Jonathan M. Lucero D. Scott Martinez Richard M. Murray Lucia C. Padilla Siddhartha H. Rathod Meshach Rhoades Continuing Board of Governors Representatives D. A. Bertram Gillian M. Bidgood Ilene Lin Bloom Edward D. Bronfin Stacy A. Carpenter Catherine A. Chan Paul Chessin Kwali M. Farbes Michelle B. Ferguson Richard L. Gabriel David H. Goldberg Kendell L. Gracey Wesley B. Howard, Jr. Victoria V. Johnson Michael O. Keating John H. Kechriotis Jennifer Madsen Daniel R. McCune Patrick T. O’Rourke Jerremy M. Ramp Judith A. Smith Richard Strauss Daniel A. Sweetser

Hood

Padilla

Outgoing Board of Trustees & Board of Governors Immediate Past President John A. Baker First Vice President Daniel M. McCune Second Vice President Kwali M. Farbes Trustees Nancy L. Cohen Valerie A. Garcia Annie T. Kao Young Lawyers Division Chair Anthony M. Ryan Board of Governors Representatives Andrew S. Armatas John T. Baker Aaron P. Bradford Kristin M. Bronson Nancy L. Cohen Rebecca W. Dow Craig C. Eley Valerie A. Garcia Annie T. Kao Scott P. Landry Douglas I. McQuiston Barbara J. Mueller Brian S. Popp MaryBeth Sobel Schroeder Kara D. Veitch Daniel A. Vigil Nina Wang

July/August 2011 I The Docket 7

Bloom rappelling down a rock face in the Blue Mountains of Australia. Bloom is a lover of the outdoors—enjoying running, hiking, and skiing—and travel.

Bloom, continued from page 5 children—Hayden is 3 and Harper is 1— she says she’s “in the thick of it” with a big smile.

“I really am having a good time exploring the world with my kids,” she said.

That exploration happens whether they are strolling through the Botanic Gardens or heading up to Leadville for the weekend—Bloom loves the outdoors and is an avid traveler. Her family is planning an international trip to celebrate her 40th birthday in November.

Though they’re not sure yet, it could be anywhere, including Vietnam, Spain, or South America.

As Bloom looks forward to her term as president, she says she finds inspiration personally and professionally from Walters, who gave Bloom her first job in Colorado and who was DBA president from 2001 to 2002.

“He inspired me to get more

20 Years of High Quality Affordable Dispute Management

involved in the bar and showed me that it is possible to have balance,” she said.

“I also admire how he can see both the serious and lighthearted elements of an issue all at the same time. I have tremendous respect for Bill and am thankful for his friendship.”

Walters said he has always admired Bloom’s strong sense of leadership.

“She has a great way of engaging people,” he said.

For Bloom, her time with the DBA has been memorable, and she looks forward to the coming year. “I’ve just really enjoyed being involved with the bar association,” she said. “All of the people I’ve met here have been genuinely good people and inspiring to me.” D Photos by Jamie Cotten and provided

by Ilene Bloom.

Save the Date

Legal Film Night

Thursday, Aug. 25, 6 p.m.

Daniel C. Himelspach Janis Y. Cella

Leslie M. Lawson Federico C. Alvarez

DISPUTE MANAGEMENT, INC. 1801 Williams Street Suite 300 Denver CO 80218 (303) 321-1115 free parking

www.DisputeManagementInc.com info@DisputeManagementInc.com

8 The Docket I July/August 2011

DBA Offices • 1900 Grant St.

Questions:

Contact Lucia Padilla at 303.383.6583 or lucia.padilla@centurylink.com or Sarah Oviatt at sloviatt@gmail.com CLE credit applied for.

Food and drinks will be provided.

Presented by the DBA Young Lawyers Division

ABA Annual Meeting Sneak Peak A sneak preview of the agenda for the American Bar Association’s House of Delegates at the ABA’s Annual Meeting in Toronto is now available. Visit denbar.org for the agenda. For more information or to comment on the ABA issues, please contact Ilene Bloom at ilenebloom@hotmail.com or Troy Rackham at trackham@fclaw.com.

Help Us Tell the Story A group of Docket contributors will start a serial fiction story in the fall and we want our readers to help fill in some details of the story (and maybe throw our writers some friendly curveballs). We’re looking for a person, place, and a thing that should be included in each part of the series. For example, one part could include a lawyer, a courthouse, and a gavel. Anything goes—within PC reason. Please send your suggestions to Docket Editor Sara Crocker at scrocker@cobar.org.

July/August 2011 I The Docket 9

Making a Career Change: Choosing Public Service

by Jame s Hardy

T

wo years ago, I made a career change. I left the AmLaw 250 firm (my second) where I had practiced for two-and-a-half years to begin working in the Appellate Division for Colorado’s State Public Defender.

Six years into my legal career, I transitioned into an entirely new practice area, working for clients who were the polar opposite of those I represented in private practice, and for an organization with a limited budget and no profit motive. To do this, I took a pay cut of more than 60 percent. Why would I do such a thing?

There were one or two elements of big firm civil practice I did not mind leaving behind, but my stronger motivations for a career change were the positives of my new public service station. Many of the attractions of my current job are common to any public service position.

Anyone contemplating public service, whether for a limited time or lifelong career, right out of law school or contemplating a midstream career change, may wish to consider these reasons to take the public service plunge.

Mission. Public service organizations are missionary. They seek to do right in the world and their members believe they are pursuing righteous and moral goals. At the public defender’s office, for instance, we pride ourselves in representing those without financial resources or anyone else to speak up for their rights.

Public servants put doing social good ahead of doing well financially. This in turn invests the members of public service organizations with individual purpose and collective camaraderie that is rare in private practice—or most any workplace.

Experience and Autonomy. Although not true in every case, more often than not public service jobs provide more opportunities to gain advanced experience and greater autonomy in handling projects.

Public service attorneys get more handson experience—more client contact,

10 The Docket I July/August 2011

more court time, more access to decision makers, and more opportunities to make key decisions.

With this, of course, comes great responsibility. At the public defender’s office, limited human and financial resources combined with large caseloads (factors that intensified with the recession) require that attorneys take on a great deal of responsibility from day one.

People and Work Environment. Public service jobs tend to unite like-minded people with a common goal. There’s nothing like working among common minded co-workers, individuals who have chosen their field for reasons central to who they are as people, not for external reward.

The camaraderie is organic, not a false product of marketing or peer pressure.

It takes little convincing to bring together a group of people with similar, yet personal motivations. By contrast, private industry jobs tend to unite by the single factor of financial incentive.

Although compelling, it does not create bonds among people.

Conscience. Strange as it may seem, soothing one’s conscience may be the most selfish reason to go into public service. Be the person you want to be and self-respect follows. To be sure, letting your conscience be your guide is generally good social policy, but it’s also a distinctly personal pleasure to engage your social conscience and consciousness every day through your vocation.

The Hours. As a general rule of thumb, people in public service took their jobs for reasons other than money or ambition. These folks tend to have more balanced and holistic outlooks on the role of career in one’s life and the proper allocation of time to work, community, family, friends, and leisure.

That said, there may not be a strictly 40-hour-per-week attorney job anywhere. While many public service jobs are governmental (and many nonprofits mirror government practices and hours), the bureaucratic nine-to-fiver model usually doesn’t apply to attorney jobs.

For one thing, many public service jobs involve regular trial practice, which, due to its intense nature, will always involve long hours. Other public service positions sometimes require extra hours to compensate for Hardy limited resources or short staffing. The fluid and interpretive nature of law means that legal jobs combining responsibility and intellectual challenge are never truly finished. Inevitably, there will be a few nights and weekends. When you are passionate about your work, these rarely seem like a sacrifice.

All of that said, public service professions tend to focus on productivity and efficiency—getting the job done— not facetime or long hours. There is no advantage in putting in more time than necessary to do the job well. Peers and supervisors respect you for your acumen, not your willingness to work nights and weekends.

I made my own move for all of these reasons, as well as some unique to joining the public defender. Some of you reading this may be contemplating a career change of your own but may not know where you want to work. I cannot speak to the specifics of land conservation or counseling charitable organizations, but I can tell you from an insider’s perspective why the State Public Defender is a great place to work and what kind of motivations would lead one there.

Regardless of specific inclinations, all attorneys should consider public service. The rewards are deep and lasting, and the challenges only make the job more worthwhile. D James Hardy welcomes your questions and comments about transitioning to public service work. He can be reached at jshardy@ gmail.com.

Shpoonkle: Justice for Legal Professionals?

by Nicole M. Mundt

F

or an attorney who opted for a career in social media, I shouldn’t be sur prised to learn about Shpoonkle, a new website where clients advertise their issues and the services they need and lawyers bid to take their cases. While its name choice may be questionable, Shpoonkle is reporting success after going live in March. The site has been referred to as the “eBay for Lawyers,” and its release has proven incredibly controversial.

Shpoonkle’s critics are grumbling about how the site is ruining the legal profession. Their argument that Shpoonkle “devalues” our profession— a race to the bottom, if you will—leads to questions about quality of practice. I would argue, however, that the billable hour structure effectively follows the same model. More experienced attorneys charge exponentially more per hour than a second or third year associate in the same field. All other things being equal, it’s fair to say the greener associate would also likely take longer to complete the project.

The point is, this all becomes a costbenefit analysis for the client, who would otherwise shop firms to find the highest level of expertise for the lowest hourly fee. Where the experience line intersects with the cost line is different for every client and every situation. One may opt for a lower hourly rate to have a less experienced associate take care of a routine issue, while choosing to pay a premium for a named partner to draft a complex shareholder’s agreement. That concept doesn’t change simply because the attorney-client relationship is cultivated online. Shpoonkle also eliminates the need for free consultations or debates about the terms of an engagement letter.

In my opinion, Shpoonkle’s greatest attribute is that there are a number of talented, unemployed attorneys out there who would be happy to use Shpoonkle to bide their time between firm gigs. Not to mention the attorneys who have “unconventionally” chosen to practice law part-time while raising a family, who have decided to switch states and enter a new legal market, or who are beginning to building their own client

base and ultimately their own firms.

The backlash over Shpoonkle reiterates just how antiquated the legal profession remains: The GOOD lawyers are the ones who work for the BIG firms.

Not anymore. Ask the lawyers of recent generations whether they would rather work for a big firm, billing 2,200 hours a year or have their own firms and the ability to work from home with a flexible schedule. Shpoonkle is simply facilitating this paradigm shift.

The well-known legal blog Above The Law wrote a scathing critique of Shpoonkle, but in the same breath noted that those in the profession shouldn’t be too surprised by its creation: “You can’t charge exorbitant hourly rates to wealthy clients for routine legal work and still call yourself a ‘profession’ instead of ‘just another business.’ You can’t raise the price of legal education to the point where young lawyers have to mortgage their financial futures before they even sit for the bar and still attract cautious and temperate professionals. You can’t advertise on television and Twitter [and]

turn courtrooms into reality shows … and yet still expect there to be some ‘professional dignity’ involved when somebody dangles the opportunity to make a buck in front of some lean and hungry legal service provider. In short, you can’t do all of the things the legal profession has done over the past 20 or 30 years and expect to get anything other than a big pile of Shpoonkle.”

Despite ATL’s conclusion that Shpoonkle is nothing more than what its name implies, it’s hard to ignore the point that there simply aren’t enough jobs to support the number of lawyers out there. And a lack of jobs doesn’t mean the law school debt magically disappears. For young and seasoned lawyers alike, the fact remains that the big firm model isn’t working anymore, and lawyers have bills to pay. I actually think Shpoonkle (despite its awful name) is an alright concept. I will be curious to see how (not if) the legal profession adapts to incorporate social media. Change isn’t always bad, my friends … even with a name like Shpoonkle. D

July/August 2011 I The Docket 11

Wellness Brief

‘Deskercise’ for the Office-Bound

by MINE S & A ss o ci ate s

M

ost people who exercise regularly say that being active makes them feel healthier and more energetic. And that’s not limited to joggers or tennis players. Many office workers are doing simple exercises at their desks, with surprisingly healthy benefits. These activities give you a mental boost, fight stress, and promote flexibility, health experts say.

The body dislikes staying still for long. The longer you’re still, more tension accumulates from being in one position—yet the average American sits for seven and a half hours a day! If you’re stuck behind a desk for that long, you can do some simple exercises while sitting or standing—no special skills or equipment needed. One of the simplest exercises, for instance, is to just lean back in your chair and stretch. Mind you, these exercises won’t develop your cardiovascular system, build strength, or make you look better in your bathing suit, but they will reduce muscle tension and stress and help maintain the strength, flexibility, and muscle tone you already have.

If you work at a computer, stretch your wrist muscles occasionally and take short breaks, health experts recommend.

The idea is to prevent carpal tunnel syn-

12 The Docket I July/August 2011

drome, a painful wrist malady caused by repetitive movement. It’s also important to get up and walk around frequently, even if it’s just to a filing cabinet. Sitting for long periods puts stress on the lower back and leads to muscle atrophy and a loss of flexibility.

A 10-minute walk is the best exercise for the office-bound, but when that’s not possible, doing quick exercises at your desk is the next best thing.

When doing these exercises, go slowly and use the full range of motion. Remember to breathe normally while holding your body in one of the stretching positions.

When you’re done, finish with some slow, deep breathing. Experts recommend doing the following desk exercises every hour or so, even if you do only one exercise at a time. Anything is better than staying in one position.

Pectoral Stretch Purpose: Stretches pectorals or chest area.

Clasp hands behind head. Pull shoulder blades together and elbows back.

Repeat two times.

Sitting Bend Purpose: Stretches lower back and hamstrings.

Sit in a chair, feet flat on the floor, knees about 12 inches apart, hands at sides. Bend over as far as comfortable, hands reaching toward or touching the floor. Hold for three to five seconds and then slowly pull your body back up into a sitting position while tightening your abdominal muscles. Relax, and repeat four to five times.

Wrist Flexion and Hyperextension Purpose: Stretches wrists.

Flexion: gently apply force with the left hand to stretch the right wrist

toward the underside of the right forearm. Hold for three to five seconds, relax, and repeat with other side. Repeat exercises five times with each wrist.

Hyperextension: gently apply force with the left palm to bend the right hand backward. Hold three to five seconds, relax, and repeat five times with each wrist.

Hug Purpose: Stretches back and shoulders.

Brings arms across chest trying to touch as far around the back as possible.

Hold for 10 seconds, relax, and repeat with a different arm on top.

Head Tilt Purpose: Loosens up and stimulates neck muscles.

Slowly bend head to the right as far as possible, then to the left, then forward (with chin against your throat) and to the back. Repeat two times in each direction.

Vertical Stretches Purpose: Reduces tension and activates all major muscle groups.

With feet shoulder-width apart, rise up on toes and extend the arms overhead. Alternately, reach as high as possible with each hand for seven to 10 seconds. Relax, and repeat exercise four times. D Published as part of MINES & Associates Personal Advantage services and available at MINESandAssociates.com.

Originally published by Krames Staywell, adapted by MINES & Associates P.C. 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 to your daily life. Is there a topic you would like to read about? Please email suggestions to Docket Editor Sara Crocker, at scrocker@cobar.org.

A Seat at The Bar

Alec Baldwin Kicks Off Family Law Institute B y S ar a C ro cke r

B

renda Storey has been working since October to create a catalyst to start a discussion on the current practices in family law. This year, there will be a Kickoff to the Family Law Institute and the special guest, who has some tough words for family law lawyers, will be actor Alec Baldwin.

Baldwin, who wrote the book “A Promise to Ourselves: A Journey Through Fatherhood and Divorce” following his public divorce from Kim Basinger and his custody fight for his daughter Ireland, describes today’s treatment of family issues in the courts as a cold and exploitative event: “To be pulled into the American family law system in most states is like being tied to the back of a pickup truck and dragged down a gravel road late at night. No one can hear your cries and complaints, and it is not over until they say it is over.”

The kickoff will be held Aug. 11, the day before the Family Law Institute convenes in Breckenridge Aug. 12 to 14. The event also will serve as a fundraiser for the Legal Aid Foundation of Colorado, an idea Storey said Baldwin suggested. The theme of this year’s Institute is “Say You Want a Revolution,” so the kickoff event at the Marriot City Center Hotel in Denver will start the conversations early.

Though Storey knows not everyone will appreciate Baldwin’s take on family

law, the Family Law Section Chair hopes is not meant to be disrespectful of those the event will entertain, educate, and who work within the legal system. challenge people to change.

“He really respects good lawyers,” When Storey first started the process she said. “He respects the system; he just of inviting Baldwin, she was unsure of wants to change it.” D whether he would be interested. When she spoke with Baldwin from the set of If you go: Kickoff to the Institute with the TV show “30 Rock,” she was caught Alec Baldwin off-guard by the personal call and the 5:30 p.m. Aug. 11, Marriott City Center fact that he went through his calendar Hotel, 1701 California St. Dinner and a conversation about the family with her to find a date that would work law system with Baldwin. Pre-purchase of for them both.

Baldwin’s book, “A Promise to Ourselves” will be Baldwin had never been approached available. Guests who pre-purchase the book by a bar association to discuss his book, with be entered into a lottery for an intimate which he wrote with Mark Tabb. book signing. The 25 selected will get to spend an hour with the actor following the event.

“I asked him to look them [the lawCost to attend: $90 for students/young yers at the event] in the eyes and tell lawyers; $115 for Family Law Section members; them, me, us what we’re doing wrong,” $125 for Colorado Bar Association members; Storey said of her approach in inviting $150 for nonmembers. Register by Aug. 1 Baldwin to speak. by calling (303) 860-1115 or email melissan@ Despite how people may feel about cobar.org. A registration form, available at cobar.org/family, must be completed to RSVP. Baldwin personally, Storey said the same issues—personal attacks and being brought to one’s breaking point during a divorce or custody battle—are relatable to others.

T hroughout her Friday & Saturday, planning process for August 19 & 20, 2011 the Institute, Storey has been surprised This summer, Hispanic DU Law graduates, former MALSA to find how few in and LLSA members and friends will gather at the University of Denver to reminisce and rekindle old relationships over the family law realm cocktails and dinner. And … if you must, the weekend will know that Baldwin include affordable CLE programs led by your accomplished wrote this book , Latino colleagues throughout the profession. which was published We hope you will join us! in 2008.

For questions, please contact Alfredo Peña, at 303.333.9800, “What I appreext. 138 or AEPena@lawpena.com or contact Laura Dean at 303.871.6122 or ldean@law.du.edu. ciate about his book is that he doesn’t Reunion Committee Ralph G. Torres, JD’70 Aurora R. Hernandez, JD’76 just complain; he Baltazar Baca, JD’72 Dolores Atencio, JD’80 actually makes some Alfredo Peña, JD’75 Diego Hunt, JD’97 good suggestions,” Storey said.

Although Baldwin hopes the system will change, Storey said his book

save the date!

Reunion Weekend for Hispanic DU Law Alumni!

July/August 2011 I The Docket 13

New Dawn Journal

Practicing Law in a War Zone

by C ap tain J effre y S he rman Editor’s Note: This is an occasional column by Jeffrey Sherman, who will share his experiences as a deployed Reserve Officer as part of Operation New Dawn in Iraq. This column delves into practicing law in Iraq. s a corporate and securities lawyer deployed to Iraq with the U.S. Army Reserve, I am frequently asked, “What kind of law do you practice in Iraq?” That is a great question. Clearly, the Army is not undertaking an IPO, and we are not contemplating acquiring the British Royal Navy (as fun as both transactions might be). Most people are familiar with the existence of courtsmartial, if only because they’ve seen “A Few Good Men.” In reality, officers in the JAG Corps practice in more than 10 legal disciplines. In my brigade, we have three attorneys. Our jobs are divided by core legal discipline, but we assist in all areas when needed.

My roommate, Capt. Brian Azevedo, is trial counsel and is an operational law attorney. As trial counsel, he serves as the brigade’s prosecutor. He counsels commanders regarding the Uniform Code of Military Justice, drafts criminal

A

14 The Docket I July/August 2011

and administrative charges, and tries soldiers at courts-martial for serious misconduct. He has led courts-martial, Article 15 Non-Judicial Punishment, and administrative separation actions for a wide range of misconduct.

As an operational law attorney, Azevedo is the brigade’s expert regarding the Rules of Engagement, the U.S./ Iraq Security Agreement, and the treaties that govern our operations in Iraq.

We are occasionally pulled out of bed and brought to the Tactical Operations Center (TOC) to advise the commander regarding the legal implications of proposed military operations.

Before I joined the Army, I had no knowledge of military terminology. I had to learn the different types of military units. For example: a platoon has about 40 soldiers, a company has about 120, a battalion about 500, a brigade about 4,000, and a division about 15,000. The TOC is the nerve center of every battalion-sized or larger unit.

Typically, TOCs look like a version of NASA mission control. A battalion TOC might have two tiers of workstations, each with multiple computers, phones, and radios. Our brigade TOC has four tiers of workstations. The Joint Opera-

tions Center in Baghdad (which oversees about 48,000 troops now, down from 150,000 troops at the height of the surge) looks like an auditorium with 20 or more rows of workstations. In front are multiple big screen displays that can show information ranging from CNN to classified intelligence.

I serve as deputy brigade judge advocate and chief of fiscal law and client services. Fiscal law addresses the issues relating to the appropriation and expenditure of taxpayer money. As you can imagine, feeding, housing, arming, protecting, and caring for 4,000 troops spread out over four forward operating bases requires millions of dollars of goods and services. The U.S. Constitution provides, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Consequently, every time the Army wants to spend money, it needs specific Congressional authorization. It is my job to make sure that such authority exists, and that we comply with its terms.

Another aspect of our fiscal law program is the Commander’s Emergency Response Program (CERP). CERP enables commanders to meet urgent humanitarian or reconstruction needs of

the Iraqi people. We have rebuilt roads; improved security and electrical production; trained farmers, doctors, and midwives; and repaired courthouses, hospitals, and police stations under the auspices of CERP. Of course, all proposed CERP projects need legal review.

As chief of client services, I run our foreign claims and legal assistance operations. Under the Foreign Claims Act (FCA), the U.S. reimburses Iraqis if we damage their property, except if the damage is incurred as a result of combat operations. For example, if a Stryker vehicle accidentally bumps into a private car while driving through a town, we will reimburse the owner for his repair costs.

But, if we damage a house while attacking insurgents, we cannot reimburse the property owners under the FCA. Iraqis come to the gates of FOB Warhorse twice a week to present their claims. I act as a one-member Foreign Claims Commission and adjudicate their claims. We are able to quickly compensate them, which can significantly improve their lives and build trust and positive relations between the U.S. and the Iraqi people.

Legal assistance consists of helping individual soldiers with their personal legal issues. From the privacy of an airconditioned Conex shipping container, I counsel soldiers regarding tax, family, consumer, trusts and estates, and military administrative law matters. Soldiers have an important mission here that

requires 100 percent of their attention.

My job is to help them maintain their morale, undistracted by legal concerns.

Frequently, soldiers really just want the opportunity to unburden themselves to an officer who will give them undivided attention. Although we have outstanding mental health and chaplaincy staffs at FOB Warhorse, I sometimes serve as an additional outlet for soldiers who are struggling with personal issues. I take a great deal of pride in making sure that I am available to see legal assistance clients seven days a week, whenever they arrive at our office, with or without appointments.

Our boss is Brigade Judge Advocate (BJA) Maj. Matthew Vinton. Vinton graduated from West Point and University of Florida Fredric G. Levin College of Law. He is an Army Ranger and former infantry officer. Because of his extensive experience as a combat arms officer, Vinton has unique insights into the issues of Stryker brigades such as ours. As BJA, he is essentially the general counsel of the brigade.

He is a trusted adviser to the commander, providing him with risk assessments and acting as a sounding board. He also oversees all administrative law matters, such as investigations, as well as counseling the other staff sections, such as the S-1 (personnel), S-2 (intelligence), and S-3 (operations). Finally, he supervises, trains, and mentors the attorneys and paralegals in our office.

I look forward to returning to my home in Denver. I am eager to see my family and friends, my colleagues, and my clients at Faegre & Benson. I miss our beautiful mountains, the complete lack of dust storms, and our 2011 Colorado Rockies team! But, I feel blessed that I had the opportunity to serve in Operation New Dawn.

Representing our brigade’s commanders and soldiers has been a remarkable and rewarding experience.

The men and women of the U.S. Armed Forces are as diverse and wonderful as America itself. These men and women left the comfort of civilian life and live the Warrior Ethos, which demands that they put mission first, never accept defeat, never quit, and never leave a comrade behind. I hope that the Warrior Ethos of my military brethren will influence and inspire me in the important work that we all do as members of the Colorado Bar. D Jeffrey Sherman practices corporate and securities law at Faegre & Benson LLP in Denver. He is serving as a Judge Advocate with the 2nd Stryker Advise and Assist Brigade, 25th Infantry Division at FOB Warhorse, Iraq. Sherman will return to Denver in July.

July/August 2011 I The Docket 15

Denver attorney Justen Miller and his fiancée Lara Booher own a coffee farm near San Isidro, Costa Rica. The beans are sold through a local cooperative.

&

Litigation Plantation

Attorney Takes Roasting Out of the Courtroom, Into the Coffee Business

by C r aig E le y

M

any of us probably would like to get into some other business, like one where we could not be held in contempt (at least by a judge).

However, we are hesitant to give up our day, night, and weekend legal job, for fear that the new business eventually would fail, and by then we would be hopelessly

16 The Docket I July/August 2011

behind in CLE credits and unable to resume the practice of law.

But some have found a way to build a business alongside a law practice.

Justen Miller, an attorney with Ruegsegger, Simons, Smith & Stern, LLC, is a budding coffee magnate, complete with a plantation in Costa Rica.

With guidance from an uncle of Lara Booher, Miller’s fiancée, the two have purchased a coffee farm near San Isidro,

in San Ramón Norte. The uncle was stationed in Costa Rica as a Peace Corps volunteer in the 1970s, and has since made that country his home. The former owner has been retained to handle the day-to-day management of the business, with the new owners visiting periodically. Although Costa Rican beachfront property cannot be purchased by foreigners without significant red tape, real estate farther inland can be owned in fee simple, just as in the United States.

Miller’s plantation sits at about 1,300 meters—or 4,260 feet—above sea level, allowing his coffee beans to be labeled “SHB,” meaning “strictly hard bean”—the highest rating for coffee in Costa Rica. According to Miller, the higher the growing elevation, the more dense and flavorful the bean. Miller doesn’t market his coffee beans from the farm directly, but rather combines them with those of a local cooperative for sale to various countries.

Legally, only the species Coffea Arabica is permitted to be grown in Costa Rica. It is reputed to be superior to other major commercially grown coffee species, such as Coffea Robusta Canephora.

C. Arabica originated in the mountains of Yemen and other areas of the Arabian Peninsula; it has since found its way to and flourished in Central America.

Coffee plants do not produce a full yield until around the sixth year, and will then produce beans for about a decade. Thus, cultivating new coffee plants is a constant undertaking, says Miller. A mature coffee tree is nine to 10 feet high, and because, at least with C. Arabica, the beans on any given tree all ripen at different times, Miller explains that they must be harvested by hand, so that unripe beans do not mix with those that are ripe. However, some coffee plantations are mechanized, and use machines to shake the beans off the trees indiscriminately, thus compromising the integrity of the coffee.

The coffee plants cultivated by Miller are shade-grown. While varieties of coffee plants that are grown in full sun may produce a higher yield, they require clear-cutting the forest. In contrast,

2.

1.

3.

1. Miller and Booher’s roasting room in Denver provides small batches of select estate coffees. They operate as Monarch Roasting Company. 2. Miller samples a batch of freshly roasted beans for aroma. Monarch Roasting custom-packages its coffee for customers. 3. Coffee from the Costa Rican farm dries. shade-grown plants exist beneath the canopy, not only maintaining the forest but also preserving a stable environment for birds, mammals, reptiles, and insects that are suffering from a reduction in habitat.

Until the coffee bean is extracted from its surrounding pulp, the fruit is referred to as a cherry. When ripe, it is red, and the timing of the removal of the bean from the pulp is critical to a quality end product. If the bean is not extracted quickly enough, the sugar in the cherry will over-ferment the bean. The bean is then dried until it attains about an 11 percent moisture content. At that point, the raw bean is ready to be roasted.

Closer to home, Miller and Booher operate Monarch Roasting Company, LLC (monarchroasting.com), which purchases select estate coffees from international sources and roasts them in small batches here in Denver. They roast about 10 pounds per batch, and then custom package the coffee for customers. In addition to individuals, Monarch also has employers, such as hotels, ad agencies, and law firms, among their client base.

The coffee is roasted in a 600-pound drum roaster, which spins the beans over a heat source so that the beans do not become scorched, much like a chili roaster. Miller receives samples of vari-

ous coffees from importers, then brews everyone enjoys. Unlike his work as a litiand evaluates them (called “cupping”) to gator, those he comes into contact with determine which coffees best suit his cusas a coffee purveyor are always happy. D tomers. Miller relates that coffee displays subtle flavors, similar to wine, such as Craig Eley can be reached at craigceley@ citrus, caramel, and chocolate. However, gmail.com. the darker the roast, the less nuanced the coffee’s characteristics become, and the roast itself begins to dominate the flavor profile. Miller has educated himself as to the traits of coffees from diverse parts of the world including Africa, India, and Asia, so that he knows how to process their beans to bring out their best qualities. According to Miller, all coffees have a “sweet spot,” and it is the roaster’s job to identify this range within a given type of coffee bean.

Miller finds that the coffee business brings a different perspective to his life, because he is producing a com- A coffee seedling. Coffee plants can take about six years to produce a full yield modity that almost and a mature coffee tree is nine to 10 feet tall.

July/August 2011 I The Docket 17

Ride the Wave!

Join

1

CELEBRATING r fo A CENTURY

Support the Wheels of Justice Riders Help the Wheels of Justice reach its $250,000 goal!

WoJ

The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, would like to thank Colorado’s legal and business community for supporting the Team’s ride at the 2011 Courage Classic. So far this year, the team has attracted 147 riders and, at press time, had raised more than $125,000 for the Children’s Center for Cancer and Blood Disorders.

Team fundraising goes to The Children’s Hospital Center for Cancer and Blood Disorders. Help us support the doctors, kids and families at The Children’s Hospital by by sponsoring a rider. Visit www.wheelsofjusticecycling.org for more information.

Thanks to our generous 2011 sponsors who have helped us raise more than $125,000 so far.

18 The Docket I July/August 2011

The Caffeine Blues, Round Two

by G reg R aw ling s and M arsh all S nide r

W

e have all heard the expression “the more things change, the more they stay the same.”

What is true in life is true in coffee. Fifteen years ago, The Docket ran a series of articles on where to find the best coffee in the Denver legal community.

The idea was that if you had to go to an early morning meeting, negotiation, or deposition, you may as well choose the government or private law office with the best coffee for your venue. Even better: an office with donuts and sweet rolls.

As a service to yesteryear’s Denver Bar Association members, The Docket sent a crack crew of coffee drinkers, tea drinkers, and people with a sweet tooth or two to law offices, government offices, courtrooms, and even the DBA office to locate the best coffee and treats to

accompany that early morning toil in the vineyards of the law. Many offices were proud of their fare and put a lot of effort into that morning joe. One firm even owned a coffee plantation in Hawaii, although we thought that was going a bit too far, literally and figuratively.

Today, it is not necessary for any private enterprise to put that kind of effort into their coffee. Who cares if the firm of Hungerdunger, Hungerdunger, Hungerdunger and McCormick 1 can brew a decent cup of coffee when Starbucks, Peet’s, Dazbog, and Peaberry are so prevalent that you can’t walk down most streets without tripping over a sack of coffee beans. Now you can walk into that deposition with whatever premium cup of coffee-like substance your imagination can conjure up. Who cares what they drink at Hungerdunger LLC if you can bring your own half-caf, soy, mocha coconut frappuchino. Why, you could even bring in a cup of regular black coffee, assuming your are some kind of caffeine Luddite.

The Docket realizes that it has to keep up with the times. With this issue we begin a series of updated coffee reviews, not necessarily at government or private law offices, but wherever that perfect brew can be found. Today’s offer-

Sylvester at work at one of the Coffee Etcetera carts he owns. ing is from Coffee Etcetera, the coffee cart in the lobby of the Wellington Webb Municipal Building, at 303 W. Colfax, across from the City and County Building, at 1437 Bannock St. There is a Coffee Etcetera in the City and County Building as well, but the one in the Webb building is personally operated by Sylvester, the owner of all Coffee Etceteras.

We visited Sylvester in late April. It was obvious that he had a loyal following.

As customers came up to the cart Sylvester identified their “usuals,” whether it was coffee or one of the many muffins or sweet rolls on hand.

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Marshall, who has a bad chocolate problem, tried a decaf mocha. This is a great choice for a chocolate junkie—very rich chocolate, and you can hardly taste the espresso. We had to question the “decaf” part of the offering, however, as this drink, as delicious as it was, left a very jittery aftertaste for the next couple of hours.

As for Greg, he lives for jittery aftertaste—he is a longtime, hard-core caffeine addict. For many years now, Coffee Etcetera has aided and abetted him in his Charlie Sheen-esque dive into the bottomless pit of java-jonesing.

First in the old City and County Building and later in the vast atrium of the Webb Building, Greg (or Rocket Man to Sylvester’s son, who used to man the cart between courtrooms 150 and 151), would treat himself to bargain-priced but very well done espressos. Nice crema on top, solid flavor, not too hot and not too cold—a perfect way to end the morning docket or prepare for the afternoon one.

And they’re especially good when you get

to chat with Sylvester.

Greg has always been jealous of people who can remember other people’s names, kids’ names, favorite teams, personal history—as the son of a preacher who founded a large church and somehow always retained this kind of data (seemingly without trying) and the son of a woman with the closest thing to photographic memory Greg has ever experienced—this has always vexed and perplexed him. Simply put, he’s not that guy. But Sylvester is. And he has a smile that wipes the clouds away. You just feel better, and not just from the caffeine, after spending a few moments with the man.

So, it’s a big thumbs-up for Coffee Etcetera from these coffee house mavens. D

1. Groucho Marx’s lawyers in “Animal Crackers”

DENVER BAR ASSOCIATION

PLACEMENT SERVICE l

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The award was established by Davis Graham & Stubbs, the family of Dick Davis, and the Denver Bar Foundation in 1992 to recognize successful and community-minded young attorneys in private and public practice, and to inspire new members of the Denver legal community. The 2010 Davis Award recipient was Mark Clouatre of Wheeler Trigg O’Donnell. Nominations are due Sept. 1. For a nomination form or with questions, contact Margee Fawley at Davis Graham & Stubbs at (303) 892-7528, margee.fawley@ dgslaw.com or visit dgslaw.com/about/ dickdavisaward.

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Working with the Media

Tips on What to Do When a Reporter Calls

Weiss B y B ob Weiss

T

he secret to dealing with the press is the same you employ to successfully deal with clients, judges, juries, and opposing counsel—preparation.

Many professionals do not understand the rules that govern giving information to the press.

Editors and reporters consider the following when deciding what they will cover: 1. Impact—To whom does the story matter? Does it impact the audience that reads the publication, views the site, or listens to the broadcast?

2. Conflict—Does the story involve controversy?

3. Timeliness—The story has to affect people or organizations now or in the near future.

4. Prominence—Who is announcing the information or product? The person making the announcement will impact the amount of coverage received; the more prominent the person, the more likely it is that the idea will be covered.

5. Proximity—Where is the story taking place in relation to where you are trying to get coverage? Location matters—the story must be relevant to the place and the people.

6. Human Interest—Does it evoke an

emotional response?

Remember, what is newsworthy one day may not be the next.

When a reporter calls unexpectedly, begin the discussion by asking questions.

Ask: 1. What is your name? Get the spelling of it.

2. What media outlet do you work for?

3. W hat questions do you need answered?

4. When is your deadline?

5. At what number(s) can I reach you?

6. Who else are you interviewing for this story?

Calling the reporter back gives you a chance to think, consult with others (including your PR person) before you answer, and to get your facts straight.

It also allows you to consider client and referral source reaction.

Do not be intimidated into giving an interview just because a reporter and/or camera crew shows up at your office or corners you at a public event. Tell them you will get back to them before their deadline.

Remember, the press has no right to interview you. You have the right to grant them an interview. I encourage you to grant them that right, after preparation.

Now, let’s say you have agreed to an interview. Many people think they will “just wing it” when the reporter calls, but this is generally a mistake. The reason: you aren’t talking to just the reporter, you are talking to the thousands of readers and viewers the reporter represents, and to clients and referral sources.

Always prepare by writing down the three or four points you want to stress during the interview. Here are some ways to help ensure you are included as prominently as possible in the story: Use quotable phrases. Reporters are looking for phrases that can make the mundane idea more interesting. The imagery you include in a quote makes it much more likely to be used. As you

develop your three or four points, try to support them with memorable anecdotes or analogies.

Be an interpreter or translator. Keep in mind that your audience doesn’t know as much as you do about the topic. Avoid jargon or technical terms. Explain as if you were talking to a jury. Keep it simple.

Use the Goldilocks approach to sentence length—avoid one word answers, which are too short and complicated explanations that are too long. Explain yourself fully using short, punchy sentences.

Be yourself. Speak in your usual way.

Say only what you want to say. Do not feel obligated to fill what might seem like awkward pauses in the conversation. If you feel you must speak, talk about one of the points you wanted to make.

Know that you are always “on.” Just because a reporter puts down her notebook or turns off his recorder or camera Media, continued on page 23 Special Tips for Television Interviews 1. Appearance is key. Be positive and friendly.

Smile.

2. Try to discuss the topic with the reporter/ host before the camera rolls. This may help him or her ask more intelligent questions.

3. Use the reporter’s name.

4. Give short answers, no longer than 10 to 20 seconds.

5. Keep gestures small and in front of you.

6. Look at the interviewer, not the camera, and maintain your focus. Looking back and forth between the interviewer and camera makes you look “shifty.”

7. Accept makeup if offered.

8. Be the translator and interpreter. Talk in terms the audience will understand and avoid jargon.

9. Wear solid colors; no loud patterns, distracting items, or jewelry.

10. Maintain eye contact, especially during tough questions. Don’t look down or askance, or touch your face.

11. Speak in complete sentences.

12. Reporters may ask the same question more than once to allow you to “sharpen” your answer. Don’t get flustered; take advantage of the offer, but also make sure you make the point you want to make.

July/August 2011 I The Docket 21

22 The Docket I July/August 2011

Are You Ready For Some Football?

Team Collateral Attack. Top row, left to right: Jason Rietz, Mike Fredregill, Robert Joga, CJ Chapman, Jeff Gaston, Marc Walters, Sean Hanlon, Buck Beltzer and Brent Owen. Front row: Greg McClure, Coach Judge Alfred Harrell, Barry Burns, Kevin Robinson, Jereme Lynn Baker, Jeff Smith and Jed Greenblat. Not shown: Matt Striegel , James Allen, and Colin Barnacle.

T

he Denver Bar Association Lawyers’ Touch Football League starts its 43rd season Sunday, Sept. 11.

For the last several years, the games have been played at Eisenhower Park in southeast Denver. Each team consists of

Media, continued from page 21 doesn’t mean the interview is over. Anything you say to the reporter is fair game.

Correct any wrong information. If you feel the premise of a question is wrong or the reporter summarized your point incorrectly, say so. Repeat your phrasing if that is the best way to phrase it.

Don’t let the reporter put words into your mouth.

Be helpful. Encourage the reporter to call back if he or she needs any clarification or wants to ensure accuracy of a quote.

Be prompt. Ask about the reporter’s deadline and meet it, or decline the interview if you can’t. A radio or television reporter may have literally a couple of minutes to find someone to speak.

If you can’t help in the given time frame, say so.

Don’t ask to review a story before it runs. Ask when the story will run. D Bob Weiss is the founder, president, and CEO of Alyn-Weiss & Associates, a law firm marketing consultant. For more than 20 years, Weiss has written firm and practice group marketing plans, coached lawyers, developed retreats, and conducted client interviews and surveys for local, regional, and national firms. Prior to founding Alyn-Weiss & Associates, he covered politics, the courts, police, and city hall for the Rocky Mountain News.

seven players (lawyers and law students).

The league suggests that each team roster have at least 13 players. If you are interested in fielding a team or wish to place your name on the list of free agents that later will be assigned to teams that need additional players, please contact John Stevens at jhs@giffordstevens.com.

Generally, the league limits the number of teams to the first 10 that apply; preference is given to past participants. The entry fee for each team is yet to be determined (last year’s fee was $400).

Last year’s championship was won

by Collateral Attack, besting The Lambs 12-6. The championship was the fourthstraight for the Attack and the sixth in the last eight years. The league was the brainchild of John Madden III in 1968.

The Madden trophy is awarded to the league champion by Madden at the commencement of each new season. D

Save the Date

for the

2011 Seniors Golf Tournament

Wednesday, August 17 Homestead Golf Course in Lakewood

Contact Alexa Drago at adrago@cobar.org or 303-824-5313 for more information.

Email Bob Weiss at weiss@themarketinggurus.com for a free wallet card with tips you can use when the press calls.

July/August 2011 I The Docket 23

24 The Docket I July/August 2011

July/August 2011 I The Docket 25

Legal

AFFAIRS GOOD THINGS Rothgerber Johnson & Lyons LLP is proud to announce that Charles Goldberg is the recipient of this year’s Isaac Hecht Goldberg Award by the American Bar Association’s National Client Protection Organization.

Northern Trust announced that Kathy Seidel has been named Region President of the Colorado region.

Seidel Seidel most recently served as senior vice president and manager of fiduciary services and business development of the Denver office.

Bryan D. Biesterfeld, has been elected Chair of the Board of Trustees for The Community Foundation, serving Biesterfeld Boulder County.

Biesterfeld is a business and realestate lawyer in the Denver based law firm of Robinson Waters & O’Dorisio, P.C. He works with privately held businesses and their owners in mergers and acquisitions, entity formation and operations, sales, and purchases and leasing of real estate, as well as private placements of securities, wills, trusts and business succession planning.

Theodore E. Laszlo, Jr., of Laszlo & Associates, LLC, was inducted into the Litigation Counsel of America at the LCA’s Laszlo Spring Conference and Induction of Fellows in Laguna Beach, Calif.

The Litigation Counsel of America is a trial lawyer honorary society composed

of less than one-half of one percent of American lawyers.

Jennifer Eiteljorg, a shareholder at the law firm of Brownstein Hyatt Farber Schreck (Brownstein), was recently appointed to the Project Angel Heart Board of Directors. As a board member, Eiteljorg will help guide the strategic growth of the organization, which includes completion of a capital campaign for a new facility. Project Angel Heart’s mission resonates with her because of the impact a life-threatening illness has had on her own friends and family.

Attorney, Otto Hilbert, a commercial litigator with the full-service law firm of Robinson Waters & O’Dorisio, has been named Hilbert the Colorado Judicial Institute’s Board Chair.

As Board Chair, Hilbert will continue the Colorado Judicial Institute’s mission to ensure fair and impartial courts and improve accountability in the legal system.

Emma R. Keyser, an associate at the law firm of Brownstein, recently was appointed to the Colorado Ballet Board of Trustees. As a board member, Keyser will help fundraising and advocacy efforts to further the organization’s mission of enhancing the community’s cultural life.

CHANGES The law firm of Rothgerber Johnson & Lyons LLP is pleased to welcome Reneé A . Carmody as an associate in its Denver Carmody office.

Carmody is continuing her practice in complex commercial litigation involv-

ing product liability, environmental law, and general commercial disputes in federal and state courts. She also has experience with white-collar criminal investigation and juvenile criminal defense work.

Greenberg Traurig Managing Shareholder Dave Palmer announced that Neil Oberfeld has joined the firm as a shareholder in the Real Estate Department.

Oberfeld brings a wealth of legal and transactional expertise in real estate and sustainable development to the firm and will concentrate his practice in the areas of acquisitions, development, financing, leasing, and property tax assessments.

Baker & Hostetler LLP announced today that Richard B. Levin recently joined its Denver office.

Levin will focus his Levin practice on the representation of early-stage and publicly traded companies in the financial services industry, including broker–dealers, alternative trading systems (ATSs), and exchanges.

Crestone Capital Advisors LLC, announced that Randi Grassgreen has joined the firm’s ownership group.

Grassgreen joined Crestone Capital Advisors in late 2008 as the firm’s Director of Family Wealth Planning.

Brownstein has brought on leading corporate mergers and acquisitions shareholder Gino A. Maurelli, the former head of Holme Roberts & Owen (HRO) LLP’s mergers and acquisitions practice group. Joining Maurelli at Brownstein also will be Nicholas D. Claassen as a corporate associate.

Maurelli and Claassen will join the corporate and business group, bringing experience that includes middle-market mergers and acquisitions, private equity

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 Mills at kmills@cobar.org by the 5th day of the month.

26 The Docket I July/August 2011

and general corporate law.

Hensley Kim & Holzer, LLC is pleased to announce the addition of Anya P.B. Mallett and David P. Mallett Ganderton.

Mallett’s practice is primarily transactional and is focused on natural resources development on public and private lands.

Ganderton G a n d e r t o n ’s p r a c t i c e focuses on civil litigation.

The Denver office of Kutak Rock LLP recently hired George Koons III, Of Counsel, to join the commerc i al li t igat ion Koons team, advising clients in the areas of consumer finance, lender liability and creditors’ rights.

Otten, Johnson, Robinson, Neff & Ragonetti, P.C. (Otten Johnson) is pleased to announce the appointment of a new firm managing director, as well as a new member of the firm’s executive committee. James T. Johnson has assumed the role of firm managing director from Michael Westover.

Victoria L. Hellmer recently was elected to the Otten Johnson executive committee.

Rober t J. Hopp & A ssociates announced the promotion of Fred Van Remortel to Managing Partner. Van Remortel will provide management and oversight of all firm functions and will remain heavily involved in complex legal matters. Van Remortel has been the Managing Attorney and head of the litigation group since 2008.

Sheridan Ross, P.C. is pleased to announce that Scott J. Hawranek and René A. Pereyra have become Associates with the firm.

Faegre & Benson, announced that Patrick Linden has joined its Denver office as Special Counsel in the firm’s corporate practice.

In addition to his corporate transactional work, Linden also will support Faegre & Benson’s sports practice group.

Alyson Meyer Gould has joined Holsinger Law as an associate. Gould attended the University of Denver Sturm College Gould of Law, where she participated in multiple clerkships, acted as a research assistant, and served on the editorial board of the Water Law Review.

Susan Bernhardt has joined Starrs Mihm LLP as Of Counsel.

Bernhardt’s practice focuses on complex civil Bernhardt and commercial litigation, with an emphasis on business disputes, securities fraud, partnership and corporate fiduciary duties, corporate governance, and “squeeze out” and “freeze out” lawsuits.

Foster Graham Milstein & Calisher, LLP welcomes its new Special Counsel, Steven M. Weiser. Weiser’s pracWeiser tice areas include tax law, estate, and business planning.

Feldmann Nagel, LLC is pleased to announce that Daniel B. Markofsky and Jennifer Shaler have joined the firm’s transactional group in the firm’s LoDo office.

William Slamkowski recently joined Jackson Kelly PLLC. His practice emphasizes commercial litigation, Slamkowski intellectual property litigation, dispute resolution, real estate, and business law. Prior to joining Jackson Kelly, Slamkowski was with the firm Hensley Kim & Holzer, LLC. Morrison & Foerster has strengthened its national tax and M&A practice with the arrival of federal tax partner David Strong to the firm’s Denver office.

Strong’s practice focuses on federal tax aspects of large domestic and crossborder transactions, including joint ventures, buyouts, and other deals.

Burns, Figa & Will, P.C. announced that Susan M. Gamel has joined the firm as Chief Operating Officer. Gamel will manage the firm’s administrative operations.

BRICKS & MORTAR Colorado Lawyers for the Arts (CoLA) is pleased to announce that they have moved their offices to the law firm of Otten Johnson. Otten Johnson is donating the use of its space to CoLA in its office, located at 950 17th St.

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.

T.J. Carney: (303) 424-4463 Barry Meinster: (303) 674-5977 Ralph Torres: (303) 297-8427 Dave Furgason: (303) 861-8013 Sponsored by

the DBA Peer Professionalism

Assistance Committee

July/August 2011 I The Docket 27

Dates on the

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

July 5

Denver Access to Justice Committee Meeting 7:30–9:30 a.m.

Call Meghan Bush, (303) 824-5303.

July 6

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

July 7

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5303.

July 12

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

July 14

DBA Board of Trustees 7:30–9 a.m.

Call Denise Lynch, (303) 824-5327.

July 18–29

CAN School Drive Call Heather Clark, (303) 824-5350.

July 19

CAN Monthly Meeting Noon–1 p.m.

Call Kate Mills, (303) 824-5312.

August 2

Denver Access to Justice Committee Meeting 7:30–9:30 a.m.

Call Meghan Bush, (303) 824-5303.

28 The Docket I July/August 2011

August 3

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

August 4

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5303.

August 9

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

August 11

DBA Board of Trustees 7:30–9 a.m.

Call Denise Lynch, (303) 824-5327.

August 16

CAN Monthly Meeting Noon–1 p.m.

Call Kate Mills, (303) 824-5312.

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

July 6

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.

July 12

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

July 13

Lawline 9— 4–6:30 p.m.

July 19

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

Pro Se Family Law Clinic Office of Economic Development 1200 Federal Blvd.

Room 1018 5:30–7 p.m.

Call (720) 944-2594.

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

Call (303) 573-1302.

July 20

Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m.

Lawline 9— 4–6:30 p.m.

July 21

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

July 27

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

Lawline 9— 4–6:30 p.m.

Aug. 3

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.

Aug. 9

Pro Se 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.

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

Call (303) 573-1302.

Aug. 10

Aug. 17

Lawline 9 — 4–6:30 p.m.

Aug. 16

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

Pro Se Divorce Clinic 1437 Bannock St. Courtroom 22 Noon–1:30 p.m.

Lawline 9— 4–6:30 p.m.

Aug. 18

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

Aug. 24

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

Lawline 9— 4–6:30 p.m.

Aug. 31

Lawline 9 — 4–6:30 p.m.

Join a Committee!

If you’re interested in joining a committee listed here, call (303) 860-1115 with questions. For a full list of DBA committees, visit denbar.org.

July/August 2011 I The Docket 29

Picture

THIS

Law Day Luncheon Honors Student Essay Contest Winners Attorney Staskia A. Jordan spoke about this year’s Law Day theme, “The Legacy of John Adams: From Boston to Guantanamo,” on May 3 at the DBA Young Lawyers Division’s annual Law Day Luncheon at the Oxford Hotel. The winners of the DBA YLD essay contest—first-place winner Emma Austin, second-place winner Ella Kilroy, and third-place winner Livvy Fore—were recognized following Jordan’s keynote. For coverage of the event and Jordan’s speech, visit bit.ly/ldlunch2011. Photos by Jamie Cotten.

Staskia A. Jordan, a shareholder at Haddon, Morgan and Foreman, P.C., is a former public defender who now represents clients in criminal cases, complex civil litigation, and regulatory matters. She spoke about the importance of criminal defenders and juries in the legal system.

About 40 guests attended the Law Day luncheon, honoring essay contest winners and celebrating the day, observed on May 1, that recognizes the importance of the rule of law.

DBA YLD essay contest winners Livvy Fore, Emma Austin, and Ella Kilroy pose with speaker Staskia A. Jordan following the Law Day Luncheon. The three Denver Public Schools eighth graders were honored for their essays, which answered a question about defending a person accused of a terrible crime.

2011 Henry Hall Annual Golf Tournament On June 6, 77 golfers gathered at Inverness Golf Club to compete in the annual Henry Hall Memorial Golf Tournament, and help raise money for Metro Volunteer Lawyers (MVL). The event raised more than $3,000 for MVL, which provides free or low-cost legal services to Denver metro area residents who meet certain financial criteria.

The following individuals earned top honors in their respective divisions: Challenge/Low Gross—Mike Franzmann, Jeff Keiffer, George Penncok, and Jason Redman; Challenge/Low Net—Dan Fowler, Andy McLetchie, Timothy Schimberg, and Jeff Stalder; Champions/Low Gross—Steve Briggs, David Brougham, Phil Cardi, and Scott McGath; Champions/Men Low Gross—Tim Kratz; and Champions/Women Low Gross—Sarah Hall.

Challenge low net winners: Tim Schimberg, Jeff Stadler, and Andy McLetchie.

30 The Docket I July/August 2011

Challenge low gross winners: George Pennock, Jeff Keiffer, Mike Franzman, and Jason Redman.

Champions low gross winners: Steve Briggs, David Brougham, Phil Cardi, and Scott McGrath.

DBA Happenings Spring Admission Ceremony Welcomes New Attorneys Approximately 175 new attorneys, joined by their friends family, and members of the legal community, gathered at Boettcher Concert Hall on May 24 to celebrate passing the February bar exam and being admitted to practice in the state. The Hon. John L. Kane, Jr., Senior Judge for the U.S. District Court in Colorado, offered the keynote speech at the Admission Ceremony. Photos by Jamie Cotten.

2010-11 DBA President Stacy Carpenter was one of four speakers at the Admission Ceremony to welcome new attorneys to the practice of law and to the Bar Associations.

Jesse Horn joined his fellow new attorneys in taking the Oath of Admission.

Judge John L. Kane congratulated the new attorneys. This year he celebrated being admitted to practice 50 years ago. He also advised them on the importance of commitment to the legal system and warned of the potential for burning out.

Board of Trustees Helps Out at Lawline 9 On May 4, Denver Bar Association Board of Trustees members provided legal information and resources to callers of Lawline 9, which takes place every Wednesday at 9News.

Also participating were: Board member Michelle B. Ferguson, DBA President Ilene Bloom, DBA President-Elect James Benjamin, past DBA Presidents John Baker, and Stacy Carpenter, as well as DBA members Matt Aguero, Laura J. Riese, John Connell, Mary Jo Gross, Christopher Carrington, Douglas A. Stevens, and Teresa Garcia.

Pictured are first-shift participants (from left) John Connell, Ilene Bloom, Laura J. Riese, Mark Pautler, Mary Jo Gross, and Matt Aguero.

July/August 2011 I The Docket 31

samuEl Gordon, Esq.

ElainE a.WohlnEr, Esq.

hon. richard d. TurElli

hon. TErri s. diEm

hon. JamEs s. millEr

hon. John P. lEoPold

shEldon E. FriEdman, Esq.

hon. harlan r. Bockman

colliE norman, Esq.

Traveling sTaTewide To meeT your seTTlemenT needs 410 17th Street, Suite 1600 • Denver, CO 80202 tOllfree 1.866.534.1254 303.534.1254