125 YEARS
A Denver Bar Association Publication I 38 Issue 6 I June 2016
CELEBRATIONS AND STANDING OVATIONS
2 The Docket I June 2016
VOL. 38 ISSUE 6 I JUNE 2016
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A MESSAGE FROM DBA PRESIDENT JANET DRAKE AND STRATEGIC PLAN OVERVIEW IN THEIR OWN WORDS: THE WINNERS OF THE 2016 DBA AWARDS A CONVERSATION WITH DEAN MARTIN KATZ SNAPSHOTS FROM THE 2016 BARRISTERS BENEFIT BALL
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INSIDE 5 8 16 18 20 22 26
Letter from the Editor Briefly Outreach Out of State Planning for the Long Run Doug Tumminello’s Amazing Side Gig: Exploring the Ends of the Earth A Seat at the Bar: The Waterman Fund Colorado Attorney Mentoring Program: The Future of Mentoring in Colorado
IN EVERY ISSUE 30 30 31 32 34
Bar Resources Briefs Dates on the Docket Legal Affairs Picture This
The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.
THE DOCKET
A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, the Docket Committee or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16. Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Emma Garrison, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Judith Keene, Elizabeth Leder, Paul F. Kennebeck, Keith Lewis, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Gregory D. Rawlings, Eden Rolland, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young DBA Officers: Janet S. Drake, President; Nancy Cohen, President-Elect; Richard M. Murray, First Vice President; Kevin E. McReynolds, Second Vice President; John M. Vaught, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Sarah M. Clark, Richard L. Gabriel, Franz Hardy, Margrit Lent Parker, Gerald D. Pratt and Shannon W. Stevenson
Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Jessica Volz at jvolz@cobar.org. 303-860-1115 • dbadocket.org Copyright 2016. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved. 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.
4 The Docket I June 2016
Letter from the
EDITOR
JUNE 2016
DEAR MEMBERS: This is a particularly monumental year for Denver lawyers, as it marks the 125th anniversary of the Denver Bar Association. The organization has played witness to the trials and tribulations of a city, a state and a nation. Through it all, the DBA has survived and flourished, thanks to the enthusiasm of its members and the dedication of its staff. While it may be difficult to picture life in 1891, here are a few historic achievements to put the DBA’s founding days in perspective: • • • • • • •
John T. Smith patents the cork board. The first gasoline-powered car debuts in Springfield, Massachusetts. Britain is linked to the continent of Europe by telephone. Nebraska introduces the eight-hour workday. American Express issues the first travelers checks, the invention of Marcellus F. Berry. The Oxford Hotel opens its doors. Frank J. Wisner, owner of Cripple Creek Cow Mountain Gold Mining Company, is two years away from inventing the root beer float.
While times have certainly changed since Molly Brown’s husband purchased stock in a mining company that went on to strike it rich, the DBA’s relevance and value have remained incalculable. Here’s to another 125 years of going for the gold by advancing professionalism and promoting justice in the legal community and beyond!
With warmest regards,
Jessica A. Volz, Ph.D. jvolz@cobar.org
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A MESSAGE FROM DBA PRESIDENT JANET DRAKE The Denver Bar Association’s Five-Year Plan Over the course of the past year, the Denver Bar Association developed a strategic plan that specifically articulates our mission, vision and values. We spent a great deal of time considering the strengths and weaknesses of the organization. A strategic planning committee met with Susan Spero, a strategic planning facilitator, and analyzed input from DBA members and staff. The committee presented and evaluated ideas with the Board of Trustees. Action steps were created to improve our members’ experiences and develop core programming. This is a membership organization, and service to our members is a top priority. The DBA is committed to becoming a more inclusive organization. Inclusion is critical to our success and takes the meaning of diversity to another level: In addition to encom-
passing diversity based on race, gender, sexual orientation and age, inclusion embraces the invitation to engage. The engagement of young and new lawyers is a vital component of the strategic plan. The DBA will be creating more professional development opportunities and paths to leadership for young lawyers. This organization benefits from a vibrant, engaged Young Lawyers Division. Continued efforts will be made to engage experienced members with young lawyers for programming, professional development and community outreach. Access to justice is another priority for the DBA; however, it is a complex concept that has a variety of interpretations. Service to the Denver community is important, and as attorneys, we are uniquely qualified to help people through legal 6 The Docket I June 2016
clinics, pro bono work and community outreach. Metro Volunteer Lawyers (MVL) is the DBA’s primary vehicle for delivering pro bono services. The DBA currently offers a number of additional opportunities for community engagement. As we move forward, leadership will more critically assess whether our programs have mission alignment and are the most efficient use of our resources. Ongoing evaluation is another important piece of the strategic plan. The DBA will be evaluating the impact of our services. Moving forward, we will strive to improve meaningful, inclusive engagement within the legal and broader communities. As I conclude my term as president of the Denver Bar Association, I would like to take this opportunity to thank John Vaught, Greg Martin and Patrick Flaherty for initiating the selfassessment process and encouraging me every step of the way. I would also like to thank Nancy Cohen, Franz Hardy and Mo Watson for their support and commitment to developing and implementing the strategic plan. Finally, I would like to thank the staff and the Board of Trustees — you are the heart of the organization. It has been a privilege to serve as president of the Denver Bar Association. I hope I’ve made a difference. D
The Denver Bar Association
STRATEGIC PLAN
Mission Statement The Denver Bar Association advances professionalism within the legal community and promotes justice in the broader community.
Values We are inclusive, purposeful, impactful and professional.
Vision Statement The Denver Bar Association is committed to promoting member success by: • Cultivating an inclusive and engaged legal community; • Delivering programming focused on enhancing professional excellence; and • Supporting and advancing justice.
Goal Overview 1. Improve the Denver Bar Association member experience through better engagement, promoting diversity and inclusivity, improving communications, engaging new and young attorneys, and actively recruiting members. 2. Focus on core programming including professional development, pro bono and clinics, and public engagement through ongoing evaluation using the values of being inclusive, purposeful, impactful and professional. These goals are mapped with potential action steps on the charts that follow.
Time Horizon This plan is effective for five years through June 30, 2021. This plan may be amended only by the Board of Trustees. The nominating committee is directed to nominate officers committed to implementing this plan.
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BRIEFLY “Time is really the only capital that any human being has, and the only thing he can’t afford to lose.” ~ Thomas Edison
What do the Denver Bar Association and the U.S. courts of appeals have in common? They were both created in 1891.
One year after the original Elitch Gardens opened in Northwest Denver in 1890, John and Mary Elitch enclosed and rebuilt the iconic theatre on the property for $100,000. The stage went on to play host to a number of illustrious stars, from Sarah Bernhardt to Grace Kelly.
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IN THEIR OWN WORDS:
THE WINNERS OF THE 2016 DBA AWARDS Compile d by J e ssica A . Volz
The Denver Bar Association would like to thank those who took the time to submit nominations for this year’s Awards. Over the past 125 years, the achievements of DBA members have never failed to impress. This year’s honorees have taken the meaning of dedication to particularly inspiring heights.
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The RecipienTs of This YeaR’s DBa awaRDs and the 125Th anniveRsaRY of The DBa The DBA Awards Committee is pleased to announce the honorees for this year’s awards on Wednesday, June 29:
william e. walTeRs iiI — Award of Merit mauReen R. waTson — Young Lawyer of the Year GeRalD D. pRaTT — Volunteer Lawyer of the Year meTRo volunTeeR lawYeRs’ poweR of aTToRneY clinic — Outstanding Programs/Projects The honoRaBle shelleY i. Gilman — Judicial Excellence Award JeRRY conoveR anD howaRD RosenBeRG — Founders Award noRman campBell, BaRBaRa chamBeRlain, lucY maRsh, Jon nicholls, anD anThonY YuThas — Outstanding Sustained Volunteer Award The DBA invites you to join us in celebrating the DBA’s 125th anniversary award winners and their accomplishments at a special event in their honor at the
Ralph L. Carr Colorado Judicial Center on Wednesday, June 29. The awards ceremony will take place in the Supreme Court Courtroom from 5:30 to 6 p.m. and will be followed by a reception in the atrium.
RSVP to lunches@cobar.org or 303-860-1115, ext. 727.
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DBA AWARDS AWARD OF MERIT: WILLIAM E. WALTERS III
YOUNG LAWYER OF THE YEAR: MAUREEN R. WATSON
The value of the Denver Bar Association and the meaning of the Award of Merit are closely intertwined for me. Since I began practicing law in 1974 at Sherman & Howard, my mentor, Garth Grisson, made it clear that involvement in the Denver legal community was essential to a young lawyer’s growth and development. The DBA provided ample opportunities in both cases. With the help of the DBA and the support of my spouse and family, I was able to work with the best and the brightest of our profession on committees, task forces, governance issues and pro bono activities. Law-related education for young people was always close to my heart. The DBA sponsored numerous activities, from Mock Trials to Career Days to classroom experiences, and I was fortunate to participate in all of these.
I am tr uly honored to receive the DBA Young Lawyer of the Year Award. I got involved with the bar association right out of law school through encouragement from my mentor, Troy Rackham. I immediately found a network of welcoming and engaging peers, so I applied for a position on the DBA YLD Executive Council. Through the DBA (and, more specifically, the DBA YLD), I found valuable ways to engage in pro bono work, opportunities to socialize with peers and potential clients, and a community of supportive friends and mentors. I’ve had the opportunity to work with people across the bar on various projects. I am particularly excited about the work I have done with the YLD and the DBA strategic planning group to foster diversity and inclusiveness and to bolster our substantive programming for new attorneys. I recognize the incredible impact that each of the prior winners has had within the DBA and in our broader community, and I can only hope to follow in their impressive footsteps.
“FOR ME, THE DBA WAS A DYNAMIC FORCE IN MY PROFESSIONAL CAREER.” My introduction to pro bono legal services also started with the Denver Bar Association. I worked on cases referred by Metro Volunteer Laywers (MVL) and served as a chair and trustee of both MVL and the Legal Aid Foundation. One of the highlights of my career was opening the Denver Boys and Girls Clubs to young women — an MVL case. Our association’s emphasis on education for attorneys motivated me to lecture for CLE and NITA and write articles for The Colorado Lawyer, as well as national publications. While there have been many highlights in my 40-year career, I believe it all began at the DBA. As I reflect on the Award of Merit and what it means, my mind is flooded with many moments and memories — all centered and focused on the dedicated staff, volunteers, lawyers and non-lawyers who shared my belief in opening the mystery of law to all persons, of all ages. For me, the DBA was a dynamic force in my professional career, as it set high standards for professionalism, ethics and quality networking. Finally, I am especially honored to be added to the list of prior recipients which includes my first mentor, Garth Grissom.
VOLUNTEER LAWYER OF THE YEAR: GERALD D. PRATT Belong ing to the DB A has given me the opportunity to be a better lawyer. I have learned from colleagues who have knowledge and expertise in different areas of the law than I do, and I have gotten to know judges in contexts other than sitting behind the bench in a black robe. It has definitely broadened my outlook and helped me to see things from others’ perspectives. I feel honored to be selected for this award, and I thank my colleagues for acknowledging my volunteer work. As you know, we are all in this together, and you are deserving of equal praise. Volunteering is often thought of as a sacrifice, but I’ve found it to be just the opposite. Working on cases through Metro Volunteer Lawyers, coaching mock trial teams, teaching a class in local schools on Constitution Day and other similar activities have invigorated me and reminded me of the ideals that inspired me to become a lawyer in the first place. We are in June 2016 I The Docket 11
an honorable profession: We help people, and we provide valuable services to the community. I am proud to be a member of such a profession and consider myself fortunate to know and work with such fine people.
OUTSTANDING PROGRAMS AND PROJECTS: MVL’S POWER OF ATTORNEY CLINIC Founded in 2014 by MVL Rovira Scholar Joey Scott
JUDICIAL EXCELLENCE AWARD: THE HONORABLE SHELLEY I. GILMAN 2nd Judicial District Court Judge I am privileged to serve the public as a judge and am humbled by my receipt of the Judicial Excellence Award. I have had the opportunity to attend judicial programs throughout the country and meet judges from other states. Most judges are elected and are often involved in contested elections. The state of Colorado has a model system for the selection and retention of judges. It ensures that Colorado judges are qualified, impartial and independent. The Denver Bar Association has been instrumental in preserving and defending the Colorado merit selection system. I was raised in the Chicago area. I loved 19th-century Russian literature and, for a period of time, contemplated a career as a Russian professor. During my senior year at the University of Illinois at Champaign-Urbana, I realized that I needed a more public service oriented career and decided to attend law school. I wanted to work with children and juveniles who were involved in the legal system. I took a year off before attending law school and helped one of my college roommates move to Denver. (I had never been further west than the Mississippi.) I fell in love with Denver and the state of Colorado and decided to attend law school at the University of Denver. I was appointed to the Denver District Court in 1998 by Governor Roy Romer and have since had the privilege to mentor the new judges who join our bench. I have also had several great mentors in my life: John Baker, for whom I served as a law clerk during law school, and Ben Aisenberg, with whom I shared an office for several years after being appointed as a judge. Both of them were active in the DBA and emphasized its importance to our judicial system and to the public. My membership in the DBA has been an integral part of my professional development throughout my career.
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Volunteers Kayla Nelson, Joey Scott, Boris Libin and Lorni Sharrow. All of the volunteer attorneys are incredibly grateful that the Power of Attorney Clinic is being recognized as the DBA’s Outstanding Program of the Year. At the clinic, volunteer attorneys assist low-income seniors with completing advance planning documents. As volunteer Tamra Waltemath explains, “clients do not want to fact the face the fact that they may become incapacitated or disabled, so they put off thinking about or preparing these documents. Going to court to obtain guardianships and conservatorships when people do not have powers of attorney is much more expensive, and it is a burden on the courts.” By completing these documents for free at the clinic, lowincome clients no longer face these worries. “Preparing these documents at no cost was a meaningful outreach experience for me and hopefully for the clients I served” is the overarching consensus.
MVL FOUNDERS AWARD JERRY CONOVER For 50 years, MVL has provided Colorado lawyers with unique opportunities to channel our legal skills to help the poor. By volunteering for pro bono assignments, we MVL lawyers are not only helping folks who really need legal representation, we are also rewarding ourselves with the satisfaction of doing good works. I am honored and proud to be among those young lawyers, who, in the 1960s, conceived of and implemented the Thursday
Night Bar. Others who were part of this effort but who have left us include great lawyers like Pete Holme, Don Giacomini, Howard Holmes, Garth Grisson, Bill DeMoulin, Steve Kinney and Steve Sussman. They are to be honored greatly for their contributions! I hope that in the next 50 years, MVL will continue to be a beacon of light for poor clients who struggle to make it in an ever more complex world, as well as a source of professional satisfaction for a new generation of volunteer lawyers who will also consider our license to practice law as an opportunity to help the poor and the helpless.
MVL FOUNDERS AWARD HOWARD ROSENBERG The year was 1966. I was one of several underpaid and overworked Legal Aid lawyers, and I had been representing poor people in civil cases for 10 years. It was a real privilege for me to be invited to be one of the original players in this unique and exciting DBA experiment and to awaken and marshal the large, dormant reservoir of talented lawyers in the DBA which, for the first time, used its talents to represent poor people in civil cases. I am proud to have been an original participant in MVL, the oldest continuously operating lawyer volunteer program in the nation. I add my congratulations to the DBA and to the hundreds of dedicated volunteer lawyers who were and who are the successors to the ideals of such a vision. Thank you!
OUTSTANDING SUSTAINED VOLUNTEER AWARD NORMAN CAMPBELL I feel truly honored, and surprised, that I am receiving this award. I have long believed we all have the obligation to give back to society when we have the opportunity. Volunteering with MVL has been a fulfilling part of my life. I have had the pleasure of assisting people who are going through difficult times and who could not otherwise obtain legal assistance. Additionally, I have
been able to meet with some of the finest attorneys in the Denver area who also believe that they have the obligation to give back to their community. I believe that volunteering with MVL has helped me become a better attorney by helping me understand people from different backgrounds and appreciate their struggles.
OUTSTANDING SUSTAINED VOLUNTEER AWARD BARBARA CHAMBERLAIN As a relatively new attorney, I inherited a Thursday Night Bar client from an attorney who was leaving my firm. The client was delightful and very grateful when we got a good outcome in her divorce case. I was hooked. After that, I tried to take any case that Patricia Trujillo sent my way. Then I decided to get involved in the Denver Bar Association. I thought the Legal Services Committee would be a good fit. Indeed it was, as I found my calling through that involvement as executive director of the Thursday Night Bar Program. (The name was changed to Metro Volunteer Lawyers on my watch.) I got to work with many interesting cases and clients, with wonderful judges, magistrates and court staff, and with the very best attorneys in the metro area. Since I retired, I’ve continued to support the Barristers Benefit Ball and volunteer in MVL’s Family Law Court. When you do pro bono work, it’s good for the less fortunate and able in our community; it’s good for the legal system; and it’s good for your soul.
OUTSTANDING SUSTAINED VOLUNTEER AWARD LUCY MARSH MVL, as successor to the Thursday Night Bar, has provided valuable ser vices in connecting volunteer attorneys with low-income people in need of legal services. I hope that will continue long into the future. Ages ago, when I was on the Board of Denver Legal Aid, a survey found that the legal services poor people wanted most were assistance with divorces and wills. Jon Asher and his hard-working crew were so busy trying to keep people from June 2016 I The Docket 13
being evicted, or having their heat and electricity turned off, that they had virtually no time for writing wills. So, in 1985, with the assistance of John Asher and Howard Rosenberg, I created the Wills Lab at DU’s law school. At first, Legal Aid sent us clients directly. Later, MVL assisted with that function. After some basic training, up to 20 law students are matched with a volunteer supervising attorney per semester. Among the saints who have repeatedly supervised in the Wills Lab are, in no particular order: Leia Ursery, Suzy Harris, Byron Hammond, Jean Klene, Cody Christian, Craig Joyce, Peggy Toal, Ron Servis, Connie Smith, Tom Hill, Beth Bryant, Fred Skillern, Gladys Sexton, Aldo Notarianni, Mark Masters, Debra Piazza, Greg Notarianni, David Kirch and Willis Carpenter. Thank you for this honor. To all of the supervising attorneys who have been such great role models and mentors for the law students, and who have provided such valuable service to low-income people, thank you!
OUTSTANDING SUSTAINED VOLUNTEER AWARD JON NICHOLLS
OUTSTANDING SUSTAINED VOLUNTEER AWARD ANTHONY YUTHAS It doesn’t seem that it has been 45 years since I first attended a Thursday Night Bar session as a student. Not long afterward, I regularly participated in the Student Law Office program and was hooked. I realized that this was never going to be a lucrative career, but it has proven to be rewarding in many ways. Donating time to assist people who desperately needed help and had nowhere else to turn is no substitute for a large paycheck every month, but it can be particularly satisfying. I would certainly encourage anyone who has an interest in this kind of work to get involved. It gives a sense of contributing to the solution and not to the problem. Congratulations to the 2016 honorees! D
My interest in providing legal services to the poor started in law school right after the Kennedy assassination; his words about serving your country hit home. It was Howard Rosenberg who first suggested to me how the Denver Bar Association could make a contribution. And then the emphasis on the meaning of the Oath at the swearing-in ceremony gave a philosophical foundation to that concept. So, the award means a great deal to me as a recognition for a long-held commitment. It is all about a social philosophy necessary for a just society. As most lawyers know, legal work is very much business-oriented. So, if it weren’t for volunteer and staff-supported programs dedicated to serving the poor, this element of our society would go unserved. My tenure as a bankruptcy trustee taught me just how much the deck is stacked in favor of wealth. I encourage every lawyer to understand how meaningful it is to a poor person, and how important it is to the social order, to have fair and zealous representation when the odds are against you. Our bar associations and law schools are to be commended for recognizing the concept and encouraging participation in providing legal services to the poor.
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June 2016 I The Docket 15
OUTREACH OUT OF STATE By E mma Garrison Reaching out to law students is an important priority of the bar association. CBA President Loren Brown’s emphasis this past year has been to focus on the specific needs of law students as they enter the profession and the bar association. Each year, both the CBA and DBA Young Lawyers Divisions hold events at the University of Colorado and the University of Denver to encourage students to make use of the bar association and help them bridge the gap between law school and practice. One day back in 2012, when I served on the CBA YLD Executive Council, a 2L from the University of Minnesota showed up at a YLD council meeting. She said she was here during spring break and wanted to scope things out so that she could move to Denver after graduation. That student was Alexis Reller, now a practicing attorney in Denver. “I wanted to move to Denver, but I have no family here and had no real connections. I checked the CBA calendar for events while I was in town to see if I could meet some Denver lawyers face-to-face.” Meeting Alexis in this way was an “a-ha!” moment for me. Law students come from places other than CU and DU — maybe we could do more to reach them? The existence of law students from out of state should not have come as any surprise to me, as I once was an out-ofstate law student myself. Alexis and I are not outliers. In the Young Lawyers Division (which includes law students), approximately 18 percent attended CU, 35 percent attended DU and 47 percent attended law school out of state. Of law student members, 18 percent attend CU, 49 percent attend DU and 33 percent are attending law school elsewhere. Denver is a fast-growing city for young professionals, and there is no doubt that many students in law schools across the country have plans to move here after graduation. Graduates of CU and DU have the advantage of a built-in network of classmates once they start practicing. But for those coming from a less-represented 16 The Docket I June 2016
school, the bar association can be a very helpful way to start building connections. Eric Bono, Assistant Dean for Career Opportunities at DU, advises students looking to go out of state to join the local bar association.“You can put the bar association on your resume. It’s a great way to create a hook in that market.” The bar association has started making more of an effort to welcome out-of-state graduates. For the past two years, the Young Lawyers Division has hosted a congratulatory reception after the November Swearing-In Ceremony for all new admittees to the Colorado Bar. In prior years, the only receptions were hosted by CU and DU for their own alumni. Another step toward helping outof-state graduates has been the creation of the Out-of-State Liaison Program. This program gathers a network of outof-state alumni who reach out to their school’s career services office and encourage any students interested in Colorado to join the Colorado and Denver Bar Associations. (Membership is free for students.) The liaisons also offer to serve as a point of contact for any students seeking guidance about finding jobs, places to live or any other basics about the Colorado legal community. Eric Bono advises students look-
ing to move out of state to start with their career services office and tap into alumni contacts. Eric Stern, a director in the career services office at Berkeley Law — my alma mater — agrees that when advising students who are interested in an out-of-state market like Denver, “what it really comes down to are the alumni in the area.” Rachel Graves, a 2013 graduate from Fordham University, is originally from Colorado and moved back after practicing for a brief period in New York. While at Fordham, she was part of the Stein Scholar public interest program, which happens to have many alumni working in Denver. “When I first got here, I did not feel connected to the legal community, so I reached out to other Stein Scholars.” Maegan Woita, who hails from Nebraska and graduated from the University of Montana in 2013, decided midway through her 3L year to take the plunge and sign up for the Colorado Bar Exam. “My career services office didn’t offer much guidance on Colorado, but they were able to put me in touch with a Montana alum in Fort Collins.” When Bono was a 3L at Ohio State looking to move to Colorado, he reached out to Ohio State alumni he found on Martindale. The one person who responded was very helpful and told him, “If you want to work in Denver, you
have to come out here.” Proximity is key when looking to find a job and establish a network in a new area. “In fast-growing cities like Denver, there is lots of competition, and much of the competition is local,” says Eric Stern. “It’s important to show up, have face time and pound the pavement.” The bar association can offer these opportunities to show up and get face time, even for those who will only be in town during school breaks or after graduation. Anthony Garcia is a new arrival who graduated from the Charleston School of Law in December 2015 and sat for the February bar exam. When he expressed interest in Colorado, his career services office recommended that he contact the local bar association. “Getting the emails was a nice way to see the events going on and the culture I was coming into.” James Schutt is a current 3L at the University of Gonzaga School of Law who also joined the bar association as a student member. He says that “While it’s hard to get emails about events I can’t go to, it does help me get a sense of what’s going on [...] Even if I can’t attend, I can look up the presenters and see what they
do and where they work.” In addition to reaching out to alumni and pounding the pavement, job listings are a helpful tool, and one in which the bar association takes pride. Eric Bono advises his students by looking
“But for those coming from a less-represented school, the bar association can be a very helpful way to start building connections.” into how the particular market advertises job openings. “We look to see if there is something robust like the CBA job board.” Alexis Reller found these job listings helpful during her search. “I had experience with the Minnesota Bar Association and the Iowa Bar Association from interning there. The Colorado job search board is in a league of its own.” The Out-of-State Liaison Program is one additional way the bar association can help law students make the transition into practice. Maegan Woita was happy to volunteer as a liaison for the University of Montana because of the
positive impact that it had had on her own life. “I was lost when I got here. I’m sure there are other students who are in the same situation I was.” The hope is that this program will reinforce each law school’s network of alumni in Denver and help ensure that law students think of the bar association as a way to establish their network and form relationships. The liaison program currently has 52 law schools represented and is continuing to grow. Increased outreach to law students — wherever they are from — not only helps students find jobs and transition into practice but will also be crucial for ensuring the success of the bar association and the profession in the future. D Emma Garrison is Staff Counsel at Wheeler Trigg O’Donnell LLP, a former chair of the CBAYLD and a co-chair of the DBA 15x15 Task Force. She received her J.D. from the University of California, Berkeley School of Law in 2004. If you are interested in representing your school as a liaison, contact Emma at garrison@wtotrial.com.
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PLANNING for the LONG RUN
By N ick L ange f e ls IT IS NO SECRET THAT AMERICANS ARE SPENDING LESS TIME ON FINANCIAL PLANNING, AND ATTORNEYS ARE NO EXCEPTION. With families where both parents are working, daycare and housing costs on the rise, student loans coming due, increasing job demands and salary increases that sometimes feel stuck in the mud, it is easy to feel overwhelmed and to put your plan (or lack thereof) on the back burner. In order to avoid this enormous financial mistake, it is a good starting point to understand what constitutes a financial plan and what does not. A common misconception, for instance, is that a 401K is a 18 The Docket I June 2016
financial plan. It is not a comprehensive plan; neither is a life insurance policy or a phone application that tracks expenses. These are simply tools or product solutions to be used to meet the goals and needs set forth in a true financial plan. Like any plan, a financial plan should lay out objectives and help you build financial security in the short term, midterm and long term. A solid financial plan is organized, goal or needs-based, holistic in nature, and is updated along the way to take into account major (and sometimes seemingly minor) life changes. Financial plans are a lot of work and require time, a resource that many attorneys lack. But ask yourself why you do what you do
and why you bill and work all of those long hours. For most of us, it is to build opportunity for ourselves or our family and to contribute to society. However, it is important to step off of the crazy treadmill of life and to put time into yourself and your plan. You will find that your progress will allow you to feel more empowered with your money and more fulfilled with your career. Not doing so could result in an unmitigated financial hardship or, at the very least, potential tax and distribution inefficiencies when you start to need money at retirement. There are several steps that you can take to begin building a foundation for a solid financial plan. First, it is important to understand your cash flow and how much is coming in and going out each month. Let’s face it: We all spend more than we need to, and it is easy to do in a place that has great lifestyle options like Colorado. The best way to start to manage your cash flow is by getting an idea of where the money is going so that you can build a budget and allocate your spending. Second, you should develop a plan for saving and investing. This includes establishing an emergency fund or liquid savings account. In addition, you should take advantage of the opportunity to save money into a retirement plan, such as a 401K, that may be available at your firm. At the very least, you should contribute up to the match that the employer may be willing to give you. Be careful not to allocate too much to retirement, leaving you devoid of any money that can be used for emergencies or other short or mid-term needs. Third, be strategic about debt management. All debt requires paying interest, but some debt comes with advantages over others. In most cases, student loan debt, for example, is an investment in your future and your ability to increase your earning power. Some debt, like a mortgage, is tax deductible. However, incurring other debt can be a bad decision and may involve spending beyond your means. A car loan could be a bad debt decision if you buy a car that is too expensive, especially if you have to allocate a larger portion of your monthly income away from savings and toward a car payment. Most credit card debt
also falls into the “bad debt decision” category as well. A few tips to prioritize debt payments are to begin paying off high interest rate credit cards first, then focus on paying off non-deductible debt (think car loans or personal loans). Interest on these loans does not have any tax advantages and will often save you high interest costs if you pay them off early. Lastly, pay off debt that may be deductible (like a mortgage or certain student loans), as it may be advantageous for you from a tax standpoint. Ask your tax advisor for details on your specific situation because some deductions phase out as your income increases. Fourth, protect your assets and income. Your most important asset is your ability to earn an income. If you are sick or injured or die prematurely, it is important to make sure your plan for the future can stay on track financially.
Be sure that you have an appropriate amount of long-term disability benefits that are available to you through work or, individually, through an insurance company. You will often need to supplement your work policy with an individual policy to protect your financial plan. A life insurance policy and incorporating long-term care planning are solutions to help protect your assets in your plan in the event that things do not go as you anticipated. Lastly, don’t try to be a hero. Most people effectively plan on their own without the help of an educated and reputable financial advisor. Think how many clients (or how many attorneys) are without a will. Procrastination and lack of follow-through is the worst enemy of any plan. You wouldn’t dare recommend that your client download a bunch of forms from the Internet and draft a
contract for the sale of a company. Most of them would not take the time to do it and put it on the back burner. If they do follow through, they will probably create as many problems as they solve, so let go and trust a professional. Your future self will thank you for it. D
Nick Langefels is a Wealth Management Advisor with Northwestern Mutual and former practicing attorney. He can be reached at nicholas.langefels@nm.com.
This article is not intended as legal or tax advice. Northwestern Mutual and its financial representatives do not give legal or tax advice. Taxpayers should seek advice regarding their particular circumstances from an independent legal, accounting or tax adviser. Please remember that all investments carry some level of risk, including the loss of principal invested. No investment strategy can guarantee a profit or protect against a loss. Northwestern Mutual is the marketing name for The Northwestern Mutual Life Insurance Company, Milwaukee, WI (NM) (life and disability insurance, annuities) and its subsidiaries. Northwestern Mutual Wealth Management Company® (NMWMC), Milwaukee, WI, (fiduciary and fee-based financial planning services) is a subsidiary of NM and federal savings bank.
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Tumminello on Mount Everest.
DOUG TUMMINELLO’S AMAZING SIDE GIG: EXPLORING THE ENDS OF THE EARTH The “Side Gig” series features DBA members who engage in extraordinary ventures when they are not practicing law. These lawyers are certain to inspire others to nurture their own passions and hobbies, even if they only have nights and weekends to devote to them. By E de n Roll and It is true that being a lawyer requires commitment. However, it can be easy to follow professional pursuits to the exclusion of those other interests that bring balance, joy and fulfillment to our lives. In this month’s “side gig” article, The Docket features Doug Tumminello, an attorney whose amazing “side gig” as an adventurer and explorer demonstrates that pursuing a legal career does not have to preclude the pursuit of other passions. Doug Tumminello, a partner at Lewis Roca Rothgerber Christie LLP, is an outdoor adventurer and explorer at heart. He knew at an early age that he had a passion for adventuring. As a fourth grader, 20 The Docket I June 2016
he was inspired by British polar explorer Ernest Shackleton, who is remembered for his famous expedition to the South Pole in which his ship, Endurance, became trapped in the ice. Shackleton and his crew had to abandon their ship and spend months camping on ice floes and on a remote polar island. Eventually, Shackleton and five crew members rowed more than 800 miles in open water to get help. The heroic rescue was successful, as not a single Endurance crew member lost his life. Shackleton’s adventurous spirit and leadership example inspired Tumminello to make exploration and adventure part of his own life story. The early inspiration shines through in Tumminello’s extreme expeditions. In 2006, he led a team that scaled Mt. Everest via the Southeast Ridge. His original plan had been to climb another Himalayan peak, not Everest. However, a leader of an Everest summit team had to withdraw, and Tumminello stepped into the leadership role. After encountering great difficulties, including the death of
Tumminello in Antarctica. two Sherpa teammates in an avalanche, his team reached the summit on May 23, 2006. In 2009, Tumminello was on an eight-person crew that rowed 3,700 miles across the Indian Ocean from Western Australia to Mauritius. A few days into the voyage, the crew encountered terrible storms, and the boat capsized. The crew was able to right the boat, but due to ocean currents and conditions, it was too late to turn back. The only option was
Above: Mount Everest. Top Right: Rowing on the Indian Ocean. to keep rowing in the direction of Mauritius. The crew was at sea for 58 days and, despite the setbacks, set the world record for the fastest row of the Indian Ocean. Tumminello’s most recent adventure is an echo of Ernest Shackleton’s polar expedition. On December 6, 2015, he began a solo expedition trekking through Antarctica. His goal was to ski solo from the coast of Antarctica, at Hercules Inlet, to the South Pole — a distance of approximately 750 miles — in about 50 days. To accomplish this, he needed to ski
“and... pickstriveyourto passion, live it.” approximately 12 nautical miles per day over bumpy terrain and achieve 9,000 feet of elevation gain, all while pulling a specialty sled (called a “pulk”) loaded with 225 pounds of gear. During the trek, Tumminello frequently experienced whiteout conditions and heavy winds that made progress particularly challenging. But, quoting Shackleton, he maintained the view that “difficulties are just things to overcome.” Although he was skiing alone across the Antarctic landscape, he was supported remotely by a professional logistics crew. He also used a satellite phone, a satellite base station and other communication
devices to keep in touch with the crew and his family. After about five weeks, for safety reasons and due to intense winds, heavy snow and a nagging foot injury, Tumminello decided to end his expedition before reaching the South Pole. Even so, he believes the journey was definitely worth it. To him, the obstacles that he experienced were not the defining moments of his journey. Rather, the obstacles led to and were in fact necessary steps toward attaining the many memorable moments of his adventure. You can read more about his Antarctic adventure on his expedition blog at southpolesolo.com. Although Tumminello’s accomplishments are quite remarkable, he does not get hung up on the often-asked question why he does these things. Instead, the more compelling question for him seems to be: “How am I going to accomplish the things that I am passionate about doing?” He acknowledges that the incredible support of his family and law partners has helped make extreme expeditions possible. He emphasizes that pursuing a personal passion as an attorney does not mean leading a dual life; he views his pursuits, both within and beyond the practice of law, as dimensions of the same life story. Not everyone will summit peaks, row across oceans or visit Antarctica. However, everyone needs a personal out-
Mount Everest. let to refresh, re-energize and re-focus. Whatever your passions may be, Tumminello encourages attorneys to find a way to do what you love — as he says, “pick your passion, and strive to live it.” Amidst the many professional commitments that attorneys maintain, Doug Tumminello’s “side gig” adventures can remind us to foster the pursuits that fuel our personal fire, take advantage of opportunities as they come our way and live life to the fullest. D Eden Rolland is a 2015 graduate of the University of Colorado Law School and is currently a Litigation Fellow at the Denver City Attorney's Office. She can be reached at edenrolland@gmail.com.
June 2016 I The Docket 21
A SEAT AT THE BAR
THE VERMONT — COLORADO — WASHINGTON — COLORADO CONNECTION:
The DBA’s Waterman Legacy Continues to Exert a Profound Impact on Colorado Lawyers
By C h arle s T urne r and R ich ard S . S tr auss
W
e were not privy to those conversations, the ones between Senator Charles W. Waterman and his wife Anna Rankin Waterman, but we can speculate what might have been said, or at least hinted at. The concept of the Denver Bar Association’s Waterman Fund must have been discussed, or it could have been something unsaid, but like a lot of issues between spouses, it was unerringly understood. Nevertheless, a fund of about $5 million now rests in Colorado “for the sole and only purpose of relieving the financial necessities, assuaging the hardships and lightening the financial burdens of aged, infirm or otherwise incapacitated members of the Colorado Bar, in good repute and standing, and who shall have practiced law in Colorado for a period of at least 10 years.” Charles W. Waterman was a Vermont native who, after studying law in Michigan, became a successful Denver practitioner and United States senator. He maintained throughout his life an affinity and affection for his fellow Colorado lawyers, notwithstanding his and his wife’s decampment to Washington, 22 The Docket I June 2016
DC. The story of Charles Waterman and his wife Anna Rankin Waterman was well told by Elizabeth Paul, a Denver lawyer, in an article published in The Colorado Lawyer in July of 2000. As the article reports, Senator Waterman earned the reputation of being “one of the best civil practitioners in the state”: He is a man of liberal culture, broad-minded and of high ideals, has always been a great reader and student and many of his happiest hours are spent in his library in the companionship of men master minds of all ages. Because of the innate refinement of his nature he avoids everything common and finds his greatest pleasure in those things which are an intellectual stimulus and of cultural value. Waterman’s practice brought him in close contact with the senior partner of the firm, Edward O. Wolcott, who just happened to be Colorado’s seventh United States senator. Getting a taste for politics, he organized Republicans in 1923 for Calvin Coolidge and was rewarded by the newly-elected president with an appointment as general counsel to the Oil Conservation Board in Washington, DC. Having begun to dabble in Washing-
ton politics, that ailment known as “Potomic Fever” gripped him, and he decided to run for the Senate seat from Colorado. Successful due to his outstanding reputation for law, foresight, business and judgment, he and Anna settled more permanently in DC. He quickly established a reputation there for “forensic skill, precision in argument and power in debate.” Regrettably, his full term would not be completed due to his declining heath. He died just three months before his six years was up on August 27, 1932. Waterman’s will left the bulk of his estate to his wife. And here is where the picture has faded so much that we don’t know precisely what transpired between them. We know that Anna, on her deathbed in 1939, provided for a number of beneficiaries but directed that once all those beneficiaries died, the income from the trust thus established should go to the purposes set out above, to benefit Colorado lawyers. Was this Anna’s sole doing? Her husband’s will makes no mention of this kind of bequest, but it is hard to imagine that Anna’s directions were not somehow influenced by her husband and his legal career here in Colorado. Had they had acquaintances or colleagues who had fallen on hard times due to financial setbacks or heath issues? They clearly knew the cost and burdens relating to these challenges and sought to set up a fund to assist such persons in need. We simply won’t know the whole story, but reasonable speculation would suggest that this was, at least in part, a mutual goal. In 1963, the last of the named beneficiaries died, and in the words of then DBA President William Cantwell, the trust “ripened.” He set up a committee (now known as the five “Waterman Administrators”) to effectuate the purposes spelled out in Anna’s will. Lou Isaacson (who was also a founding trustee of Rose Memorial Hospital) served as the first chair of that group and did so for more than 20 years. The trust has indeed “ripened” and is now worth more than $5 million. To seek a measure of how grateful recipients are, one need only recall that the widow of one recipient bequeathed $94,800 to the fund to thank the association for the assistance that her husband received during his bout with multiple sclerosis. For the past half of a century, the Waterman Fund has been actively fulfilling the purposes expressed in Anna Waterman’s will. The original trust was administered by Riggs National Bank in Washington, DC, until the bank was purchased by PNC Bank. Five Waterman Fund administrators in Colorado, designated as officers of the DBA in compliance with the trust provisions, meet on a monthly basis to consider requests for support by needy attorneys who meet the standards enumerated in Anna Waterman’s will. Deliberations by the administrators are confidential, and the only people who know the identities of the recipients are those five and the DBA’s Director of Finance, Janet Bauer. The five current administrators are Kevin McReynolds, Harry Arkin, Mary Jo Gross, Charles Turner and Richard Strauss. The Waterman Fund has been blessed over the years to have been administered by some of the most quintessentially competent professionals to have ever practiced law in our community: Liz Paul, David Erickson, John Castellano, Kathy Seidel,
Roger Cisneros, Lenore Martinez, Connie Peterson, Sterling Ambler, Peter Nagel, Art Otten, Susan Harris and others. The current administrators have achieved a significant change. Beginning many years ago, the Waterman Fund administrators began to perceive that the trust situs would be more appropriately located in Denver. Communication was problematic, and a local presence made more sense. So, efforts were undertaken to move the trust corpus to Colorado, where it could be administered locally. After much effort, in November 2015, PNC Bank agreed to transfer the trust to Colorado State Bank in Denver. This effort, begun under the passionate leadership of Art Otten, and then largely spearheaded by current Chairman Kevin McReynolds, also received substantial assistance from Jean Stewart, who gave good advice and put the administrators on to a DC lawyer who was instrumental in accomplishing this major change. As a result, the trust now resides at Colorado State Bank and Trust. The Waterman Fund currently has an annual budget of more than $250,000 per year and is presently distributing almost $15,000 per month to qualifying Colorado lawyers. Over the years, it is estimated that nearly $5 million has been paid out in benefits. With the new trust arrangement, the administrators hope to increase the number of beneficiaries. The Waterman Fund continues and will continue in perpetuity to give back. The Denver and larger Colorado legal community is grateful for Mrs. and Senator Waterman’s continuing contribution to the welfare of those Colorado attorneys who need a helping hand. D
THE DBA WATERMAN FUND provides financial assistance for “aged, infirm or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” The Waterman Fund’s address is 1900 Grant St., Ste. 900, Denver, CO 80203. Phone: 303-824-5319. Fax: 303861-5274.
Chuck Turner has been a Waterman Fund administrator for four years. He recently retired after 34 years as the executive director of the Colorado and Denver Bar Associations.
Richard Strauss has been in private practice since 1977. He is currently of counsel to the firm of Silver & DeBoskey, P.C. He has been a Waterman Fund administrator since 2014.
June 2016 I The Docket 23
A CONVERSATION WITH DEAN MARTIN KATZ
By B arb ar a M ue lle r Martin Katz will step down on June 30, 2016, after approximately seven years as dean of the University of Denver Sturm College of Law. The Docket recently met with Dean Katz to discuss the evolution of law school education at DU during his tenure.
cise where we went out in the legal community and really asked what you need in the next generation of law graduates.
DOCKET: Nothing? DEAN KATZ: No. This is not a job I thought I wanted, ever. It’s
DOCKET: So what did you find to be the most surprising thing about the job? What didn’t you know you were going to have to do going in? DEAN KATZ: What I didn’t understand and what I think is really hard to understand before doing the job, is its scope. You realize that the connection with the alumni in the Denver legal community is not just an abstract concept. It’s actually essential, especially if you’re doing experiential education. It’s essential to the lifeblood of the school in terms of helping our students learn the art and science of becoming a lawyer and connecting with the community.
not that I didn’t want it; it just wasn’t on my radar. I left private practice [at Davis Graham & Stubbs LLP] to be a professor. It was a strange set of events that led me to being dean. Our former dean was stepping down, and the chancellor was going to hire an interim dean. Someone suggested me, and that was probably the first time I ever thought about it. So, that was how the whole thing started, and I felt like I had license to start things moving. The first thing we did was this big strategic planning exer-
DOCKET: Let’s talk about DU’s experiential learning program. What was the process needed to get such a program adopted? How long did it take? What steps did you have to follow? DEAN KATZ: I’ve actually realized that the experience we’ve had at DU is probably somewhat unique in that there is only a small set of schools that have been able to pivot into experiential learning as deeply and quickly as we have. The results that we’ve had were somewhat dependent on a particular set of circum-
DOCKET: Let’s start by talking about what initially drew you to wanting to be a dean? DEAN KATZ: Nothing.
24 The Docket I June 2016
stances that started largely with the strategic planning process in 2009. It wasn’t just a dean-driven process; our faculty was very involved. And the other thing was this sense of foreboding in legal education. I think in 2009 we were able to see that legal education didn’t have the option of just staying the same. We were going to be increasingly called upon to justify the value proposition. And I think that the third ingredient that we had that really congealed the whole thing was the sense of history about who we are at DU. Actually, our school’s clinic program was the first in the country.
DOCKET: I did a clinical program when I went here, so in 1977 there was a clinic program already running. DEAN KATZ: 1904 was when DU’s clinic program started. [Laughing.] We were essentially the legal aid dispensary for Denver at the time. Before 2009, it was widely thought that you could either lean into that kind of experiential model of teaching, or you could aspire to rise within the U.S. News hierarchy, but you couldn’t do both. Again, that’s sort of the inflection point in 2009. I think we had this epiphany that said maybe it’s now time when you can do both of those things, and we made a bet that essentially we could — and I think the bet has paid off.
DOCKET: Where you are now is really the leading edge of experiential learning. DEAN KATZ: We are thought of as among the nation’s leaders in experiential legal education. And U.S. News in their print magazine this year highlights five schools that “break the mold.” We are one of those schools.
DOCKET: I would’ve thought the hard sell for the program would be the faculty. It doesn’t sound like that was the case. DEAN KATZ: You’re absolutely right when you talk about other schools. There are two forms of resistance that you will tend to see among faculty, and one is who is going to teach it. Our faculty realized how rewarding this type of teaching could be, and really rolled up their sleeves to be able to give this gift to their students. DOCKET: Either, “I have never taught law that way, or I haven’t done anything like that for 20 years.” DEAN KATZ: Yes, so it was a matter of providing support for them to get off the fence. There’s nothing that motivates us like the students saying, it changed my life. Another place we’ll get faculty resistance sometimes is in terms of what I see as a false dichotomy between teaching and scholarship. DOCKET: So, reputational damage of some sort? DEAN KATZ: Exactly. But it really is a false dichotomy. Most of our
things you’re looking at that could change going forward? DEAN KATZ: Yes. In fact, just last year we revisited our strategic plan with an idea toward continued improvement in experiential learning. The thing that excites me most is starting to push it a little more into the first-year curriculum.
DOCKET: That’s your foundational period; you need to learn how to—
DEAN KATZ: Think like a lawyer first. I don’t see us wholesale changing the first-year curriculum, but I do see us starting to incorporate experiential components. DOCKET: That’s interesting. DEAN KATZ: Exactly. Team exercises, they’re great … The last piece of it is I would love to see the barriers breaking down between the law school and the other schools on campus.
DOCKET: Do you see the next big thing in law schools being something like that? DEAN KATZ: Yes, and that goes back to what we hear clients and law firms say they want from the next generation of law grads. DOCKET: So, why are you stopping now? DEAN KATZ: There are a couple of reasons why I am stopping now. The things that were most important for me to do I feel like I’ve done. The other thing is that this job is best done as a 24/7 kind of job, and I’d rather spend seven years doing this all-in and stop before I burn out.
DOCKET: Thank you, Dean Katz. Is there anything else that you’re dying to tell somebody? DEAN KATZ: I guess the only other thing I’d say is I felt like it was really important to me to hand the job over to a new person in a way where the basic foundation is very solid — and I mean that from a budgetary perspective, and I mean that from a strategic planning perspective. I felt like if I did, then two things are going to happen. One is we’ll be able to attract some really great talent to be our next dean; and second, that person will have a whole lot of room to continue pushing things up without having to worry about some of the things that have plagued us in the past. I think we’re at a point where I’m really excited to see what the next person does. D As of July 1, 2016, Bruce Smith, J.P., Ph.D. will take over as Dean of the University of Denver Sturm College of Law. Barbara Mueller is a partner at Davis Graham & Stubbs LLP, practicing in the firm’s Real Estate, Cleantech and Climate, and Healthcare groups. She graduated from the University of Denver Sturm College of Law a (really) long time ago.
best scholars are also our best teachers.
DOCKET: So, this has been a six-year process now. Are there June 2016 I The Docket 25
COLORADO ATTORNEY MENTORING PROGRAM: THE FUTURE OF MENTORING IN COLORADO By J. R yann P ey ton
Founded in 2013, the Colorado Attorney Mentoring Program (CAMP) brings the benefit of professional mentoring to newly admitted Colorado lawyers. Through attorney mentoring, CAMP promotes professional pride, the pursuit of excellence in service to clients, the value of diversity and inclusiveness, and the strong relationship between the bars, courts, law schools and the public through the teaching of the core principles and ideals of the legal profession. In the three years since the Colorado Supreme Court developed the CAMP program, we have cultivated more than 350 mentors across 29 co-sponsored programs in bar associations, law firms, Inns of Court and government law offices across the state. We’ve matched hundreds of new lawyers with senior mentors who have assisted their mentees in finding employment, obtaining leadership positions in the legal community and hanging their own shingles. The person leading this initiative since 2013 has been John Baker. A former litigator and past president of the Denver Bar Association, he has been a steadfast visionary and trailblazer, making CAMP a national model for attorney mentoring. CAMP has been privileged to grow under the auspices of his leadership. When John retires at the end of June, CAMP will undergo its first major transition since the program’s inception. I have the privilege of succeeding John and becoming CAMP’s second director. Prior to joining CAMP, I was a family law litigator and non-profit legal department director. I served as president of the Colorado LGBT Bar Association and have held board posi-
26 The Docket I June 2016
tions with the Center for Legal Inclusiveness, Colorado Lawyer’s Committee and Colorado Bar Association Board of Trustees. I am honored to lead CAMP into the next generation of attorney mentoring and to share with you my plans for expanding the program to serve more of Colorado’s 26,000 active attorneys. As a diverse attorney, I have personally experienced the immense benefit of mentorship and sponsorship throughout my legal career. I also understand that diverse attorneys need mentors and sponsors who appreciate the unique challenges unconscious and affinity bias bring to career advancement for this population. During my tenure, I plan to develop specialized mentoring tracks for diverse attorneys, which will include training for mentors on relevant topics impacting minority attorneys and support for diverse mentees seeking community and resources from other diverse attorneys and their allies. “Work-Life Integration” is more than just a buzz phrase to me. As a wife and mother, personal wellness and professional balance is vital. Colorado has several resources available to attorneys seeking improved mental and physical health. CAMP is uniquely positioned to harness these resources and collaborate with these entities to create an attorney wellness clearinghouse. Mentoring and attorney wellness go hand in hand, and it is my goal to increase the focus on wellness in each individual mentoring pair through the creation of an annual attorney wellness week and inclusion of the Colorado Lawyer Assistance Program (COLAP) in our template mentoring plans. In its first three years of operation, the CAMP program has made one very important observation: Mentoring is not just for new attorneys! The program is currently in the process of developing specialized mentoring options for lawyers in transition. Whether new to Colorado, new to a practice area, new to private or solo practice, new to social media technology or new to practicing law as a parent, CAMP understands the need for mentoring across age, experience and
generational boundaries. We will continue to pilot and develop programming for lawyers who are experiencing transition and seeking mentorship as they embark on the next stage of their legal career. To date, 29 bar associations, law firms, Inns of Court, government law offices and other legal organizations have built their own co-sponsored CAMP mentoring programs. Formal mentoring programs exist in 17 of Colorado’s 22 judicial districts. Plans to expand programming on the Eastern Plains and in Southern Colorado are
“Mentoring and attorney wellness go hand in hand ...”
This is an exciting time for CAMP, and I look forward to working with you or your organization to take advantage of all that CAMP has to offer. We are proud of our co-sponsored program with the Denver Bar Association, and I encourage you to become involved with the excellent programming offered by the DBA for mentors and mentees engaged with this program. Please visit our website at coloradomentoring.org for more information or to apply to become a mentor, mentee or cosponsored program. D
J. Ryann Peyton serves as the director of the Colorado Attorney Mentoring Program (CAMP). Prior to joining CAMP, she focused her practice on civil litigation with an emphasis on LGBT families and civil rights. Peyton earned her law degree from the University of St. Thomas School of Law and holds an L.L.M. and undergraduate degree from the University of Denver. She can be reached at r.peyton@csc.state.co.us.
an important priority in the coming years. While our partnership with local bar associations in these areas will be imperative, my broader goal is to reach every corner of Colorado through increased law firm participation. Many law firms are unaware that CAMP can assist in creating formal in-house mentor or sponsorship programs for firms of all shapes and sizes. I intend to increase awareness of CAMP’s skills and resources in developing these formal programs to assist law firms seeking to move from informal or unsuccessful internal mentoring programs to thriving programs with measurable results in improved recruitment and reduced attrition for new and diverse attorneys.
June 2016 I The Docket 27
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CBA-CLE Calendar
June 2016
REGISTER ONLINE OR CALL TODAY! LIVE EVENTS AND LIVE WEBCASTS June 22, 2016 Elder Law Basics – Counseling Our Seniors Submitted for 7 General CLE credits, including 1 Ethics
June 2-3, 2016 14th Annual Rocky Mountain Intellectual Property & Technology Institute – LIVE ONLY! Westin Westminster Hotel, Westminster, Colorado Submitted for 15 General CLE credits, including 2 Ethics
June 23, 2016 Private Placements, the Internet, and Securities Law for the General Practitioner Submitted for 7 General CLE credits, including 1 Ethics
June 9-11, 2016 36th Annual Estate Planning Retreat - LIVE ONLY Westin Snowmass Resort, Snowmass, Colorado Submitted for 9 General CLE credits, including 2.5 Ethics
June 24, 2016 Enforcing Cannabis Contracts – Including the Use of Arbitration in the Cannabis Industry Submitted for 3 General CLE credits
June 15, 2016 Premises Liability Litigation 2016: Plaintiff & Defense Perspectives Submitted for 5 General CLE credits
June 30, 2016 Adobe Acrobat Pro for Lawyers – with David Masters Submitted for 4 General CLE credits
June 17, 2016 Federal Practice Update 2016 Submitted for 7 General CLE credits, including 1 Ethics
All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.
VIDEO REPLAYS June 2, 2016 A Crash Course in Motor Vehicle Accident Law 2016 Submitted for 6 General CLE credits June 3, 2016 Water Law 101 in 2016 Submitted for 7 General CLE credits
June 9, 2016 Quiet Title Actions: The Basics Plus Selected Advanced Topics Submitted for 7 General CLE credits June 16, 2016 Join the Honorable John Webb on – Better Appellate Writing, Briefing, and Oral Argument 2016 Submitted for 4 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)
Colorado Bar Association
CLE
Colorado Bar Association CLE
1900 Grant St., Suite 300, Denver, CO 80203-4303
www.cba-cle.org Phone: 303-860-0608
Toll-Free: 888-860-2531
Fax: 303-860-0624 June 2016 I The Docket 29
Bar RESOURCES The DBA Waterman Fund
COLAP
DBA Placement Services
Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO 80203. Phone: 303-824-5319. Fax: 303-861-5274.
The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule 254, COLAP provides assistance with Practice Management, Work/Life Integration, Stress/Anger Management, Anxiety, Depression, Substance Abuse, and any Career Challenge that interferes with the ability to be a productive member of the legal community.COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers and educational programs (including ethics CLEs). For more information or for confidential assistance, please contact COLAP at 303.986.3345 or visit our website at coloradolap.org
As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations. Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accounting, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-8940014 or email dbaps@earthlink.net.
Kapoor (Johnson, Brennan & Klein). One general CLE credit applied for. Cost is $5 for members and $20 for nonmembers and includes a continental breakfast. The program is from 8 to 9 a.m. at the DBA offices. RSVP by emailing lunches@cobar. org or calling 303-860-1115, ext. 727.
Course followed by a happy hour and silent auction fundraiser for Metro Volunteer Lawyers. Tickets include a round of golf, two drink tickets and appetizers at the reception after the event. Pricing is $60 for young lawyers, $50 for law students and $75 for all others. Contact hfolker@cobar.org for more information, sponsorship opportunities or to reserve your spot today!
Troubled by Rude and Unprofessional Attorneys? The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips and strategies for dealing with opposing counsel: James O’Connor: 303-799-9001 Steve McBride: 303-740-7422 Marion McBain: 303-635-2246 Sponsored by the DBA Peer Professionalism Assistance Committee.
BRIEFS 11th Annual Immigrant Liberty Awards — Friday, June 10 The 11th Annual Immigrant Liberty Awards, hosted by the Colorado Chapter of the American Immigration Lawyers Association (AILA), will be held on Friday, June 10, starting at 5:30 p.m., at the University of Denver’s Sturm College of Law. To purchase tickets visit bit. ly/1RmOvtI.
Practicing Civil Rights Law: Perspectives from Young Plaintiff and Defense Lawyers — Thursday, June 23 The Denver Bar Association invites you to a Coffee Talk CLE Program on civil rights law. The event will feature a panel discussion with Arash Jahanian (Rathod Mohamedbhai LLC), Amy Kapoor (Johnson, Brennan & Klein), Conor Farley (City and County of Denver), DJ Goldfarb (Senter, Goldfarb & Rice LLC) and Lauren Fontana from CREEC (Civil Rights Education and Enforcement Center). The talk will be moderated by Amy 30 The Docket I June 2016
DBA’s Community Action Network Committee Happy Hour with Metro Caring – Thursday, June 23 The happy hour will be on Thursday, June 23 at Metro Caring, 1100 E. 18th Avenue, Denver, CO, from 5:30 to 7 p.m. There will be information about the services Metro Caring provides and tours of the facility. Beer, wine and appetizers will be served. Please RSVP to lunches@ cobar.org by June 20.
DBA Golf Tournament — Friday, June 24 Mark your calendars for Friday, June 24! Please plan to join DBA members for a fun afternoon of golf at City Park Golf
DBA Annual Awards Ceremony and Reception — Wednesday, June 29 The DBA invites you to join us in celebrating the winners and their accomplishments at a special event in their honor at the Ralph L. Carr Colorado Judicial Center on Wednesday, June 29. The awards ceremony will take place in the Supreme Court Courtroom from 5:30 to 6 p.m. and will be followed by a reception in the atrium. Complimentary drinks and appetizers are included. RSVP to lunches@cobar.org or 303-860-1115, ext. 727.
Seniors Golf Tournament — Thursday, July 28 This year’s tournament will be held at Homestead Golf Course in Lakewood. Lunch will be served at noon, with golf
to follow. Cost is $50 per player; DBA members and their family are welcome. Contact Alexa Drago at adrago@cobar. org or 303-824-5313 to register.
Dates on the DOCKET DBA MEETINGS
All DBA meetings are scheduled at 1900 Grant Street, Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, 303-824-5321, to schedule committee meetings so that they will appear in this calendar. JUNE 1 Docket Committee Noon–1 p.m. Call Jessica Volz, 303-824-5336
Joint Judicial Task Force 7:30–8:30 a.m. Call Heather Folker, 303-824-5350
JUNE 9 DBA Board of Trustees 8–9 a.m. Call Leah Achen, 303-824-5327
JUNE 2 Lawyers and Schools Committee Noon–1 p.m. Call Carolyn Gravit, 303-824-5323
JUNE 8 Professionalism Coordinating Councils Noon–1 p.m. Call Greg Martin, 303-824-5317
JUNE 13 Denver Access to Justice Committee Noon–1:30 p.m. Call Carolyn Gravit, 303-824-5323
JUNE 21 Community Action Network Noon–1 p.m. Call Kate Schuster, 303-824-5312
FOR THE PUBLIC
To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at 303-8245323. JUNE 1 Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call 303-295-9470 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. JUNE 14 Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.
JUNE 8 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. JUNE 21 Collections Clinic Denver City and County Building 1437 Bannock St. Room 164 11 a.m.–1 p.m. Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.
Family Law Clinic Office of Economic Development 1200 Federal Blvd. Room 1018 5:30–7 p.m. Call 720-944-2594 Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call 303-573-1302 JUNE 15 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.
Lawline 9 500 East Speer Blvd. 4–5:30 p.m. JUNE 22 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. JUNE 29 LawLine 9 500 East Speer Blvd. 4–5:30 p.m.
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Legal AFFAIRS GOOD THINGS Otis, Bedingfield & Peters, LLC is proud to announce that attorney Shannan de Jesús has been appointed to The Greeley Philharmonic Orchestra Board of Directors. De Jesús’s practice with Otis, Bedingfield De Jesús & Peters, LLC focuses on trademark and related intellectual property litigation, as well as business and probate litigation. The University of Colorado Law School won first place at the Transactional LawMeet competition and the National Telecommunications Moot Court Competition. Stephanie Drumm (’17), Josh Kohler (’17) and Parker Steel (’17) were named co-national champions of the Transactional LawMeet competition. Burg Simpson Eldredge Hersh & Jardine, PC is proud to announce that founding shareholder Michael S. Burg will be inducted into The Trial Lawyer Hall of Fame. Caplan and Earnest attorney Matthew Ullrich was selected as the 2016–2017 Vice Chair of the Health Law Committee for the American Bar Association’s Young Lawyers Division. Ullrich practices law as part of the firm’s health law section.
BRICK AND MORTAR James Gaspich is pleased to announce the opening of his new firm, The Law Office of James G. Gaspich PLLC, located at 16 Inverness Place East, Suite D-200, Englewood, CO 80112. His practice will focus on estate planning and civil Gaspich appeals. Gaspich can be contacted at james@ denvertrustlawyer.com and 720-974-9900. His new web address is envertrustlawyer.com. Bieging Shapiro & Barber announced a name change to Shapiro Bieging Barber Otteson LLP. Elkind Alterman Harston PC has moved. The firm’s new address is: 1600 Stout Street, Suite 700, Denver, CO 802023129. NEW FACES Lara Zarzecki welcomed her son Ayo Stone Zarzecki on April 16. He weighed 5 pounds, 13 ounces. Ayo
CHANGES Fennemore Craig has announced that Troy Rackham is the new managing partner of the firm’s Denver office, succeeding Bruce Dahl who served in that capacity since 2006 when Fennemore Craig opened its office in Denver. Dahl Rackham continues to chair Fennemore Craig’s intellectual property practice group. Coan, Payton & Payne, LLC is pleased to announce that Jordan Wiswell has joined the firm. Wiswell’s practice focuses on all areas of Wiswell real estate, business and banking litigation, insurance coverage, and all real estate related litigation. Fennemore Craig announced Victoria Davis Chenault has joined the firm as of counsel in the Chenault real estate practice group. Recht Kornfeld is honored to announce their newest shareholder, Megan Downing. Downing represents clients in all phases of criminal defense and also assists her clients in civil matters related to their criminal cases.
SAVE THE DATE!
Community Action Network
Roll Out the Barrels Food and Funds Drive JULY 11–29
Questions? Please email kschuster@cobar.org.
www.MetroCaring.org If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month. 32 The Docket I June 2016
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Picture THIS PRO BONO RECOGNITION CEREMONY The Colorado Supreme Court held its annual Pro Bono Recognition Ceremony on April 15 in the Supreme Court Courtroom. The ceremony recognized the many law firms that have encouraged their attorneys to strive for the goal of providing 50 hours of pro bono work a year. Metro Volunteer Lawyers
Director Philip Lietaer led a panel discussion with three MVL clients, focusing on the benefits of MVL and the far-reaching impact that it has on the lives of so many people in the Denver metro area.
Ceremony attendees and speakers. Top: MVL clients Barbara Butler and Laura Robinson, MVL Director Philip Lietaer, and MVL client Leah Kaufman. Bottom: Colorado Supreme Court Chief Justice Nancy Rice and Justice Richard Gabriel talk to ceremony attendees.
CHERRY CREEK SNEAK RACE A number of CBA members participated in the Cherry Creek Sneak race on April 23. Kevin Burns coordinated the CBA’s participation and also brought everyone together after the event. The race was a success from all angles, and the shirts were no exception. Left: CBA members sport their specially designed shirts. Below: CBA members show they are prepared to be the frontrunners.
34 The Docket I June 2016
DBA Happenings
THE STATE OF THE DEATH PENALTY SYMPOSIUM — UNIVERSITY OF DENVER On April 2, the University of Denver Criminal Law Review hosted its inaugural symposium, “State of the Death Penalty,” moderated by DU Law Professor Nancy Leong. Speakers included criminal defense attorney Jim Castle, Senior Deputy District Attorney Rich Orman, DU Law Professor Ian Farrell, former Chief Deputy District Attorney and radio host Craig Silverman, and Denver District Attorney candidate Michael Carrigan.
Panelists debating the state of the death penalty at the DU Criminal Law Review’s inaugural symposium.
UNIVERSITY OF DENVER STURM COLLEGE OF LAW TO RECOGNIZE 2016 LAW STARS The DU Sturm College of Law will recognize its 2016 Law Stars honorees at a gala at the Marriott City Center on November 1. The reception begins at 6 p.m., followed by dinner and honoree video tributes. The following individuals will be celebrated this year: James M. Mulligan, J.D.’74 (Thompson Marsh Award); Leslie A. Fields, J.D.’81 (William L. Keating
Outstanding Alumni Award); the Honorable Alfred C. Harrell, J.D.’71 (Robert H. McWilliams, Jr. Alumni Professional Award); and Dean Marty Katz (Robert B. Yegge Excellence in Teaching Award). For more information about this year’s event, visit law. du.edu/alumni/law-stars. From left: James M. Mulligan. Leslie A. Fields. Hon. Alfred C. Harrell. Dean Martin J. Katz.
JUDGE KERRY S. HADA RETIREMENT CELEBRATION On April 7, the Denver County Court bid a fond farewell to retiring Judge Kerry Hada, who was appointed to the bench in December 2008 by then Mayor John Hickenlooper. Judge Hada has received many awards over the years and was named an Outstanding Judge in 2011 by Mothers Against Drunk Driving. His retirement celebration attracted family, friends, colleagues and other well-wishers from Colorado and several other states. Judge Hada, his wife Linda and Denver County Court Presiding Judge John Marcucci.
June 2016 I The Docket 35
JAMS, YOUR BEST ALTERNATIVE WHEN IT COMES TO ALTERNATIVE DISPUTE RESOLUTION
410 17 TH STREET, #2440 • DENVER, CO 80202 WEB:
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