DOCKET Official Magazine of the Denver Bar Association
The Denver Bar Association is all about putting the YOU in VALUE
Vol. 39.4 I June/July 2017
Retired Judges Angela Arkin and David Crockenberg have joined the staff of distinguished Arbiters at Judicial Arbiter Group, Inc.
Angela Arkin
David Crockenberg
Bill Meyer
Bob Kapelke
Cheryl Post
Howard Kirshbaum
Virginia Chavez
Richard Caschette
Steve Pelican
Boyd Boland
Lael Montgomery
Bill Neighbors
Joe Bellipanni
Larry Naves
Sandy Brook
Lee Anderson
Steve Briggs
Ann Frick
Ken Simon
Richard Dana
Susan Macey
Tom Moorhead
Murray Richtel
Matt Railey
Chris Nuechterlein
Bob Hyatt
Angela (Angie) Arkin has joined JAG’s Denver office. Judge Arkin began practicing law in 1983 after she received her J.D. from Emory Law School, and she brings a total of 15 years of judicial experience. Judge Arkin first worked as a District Court Magistrate for Arapahoe County, then as a Colorado District Court Judge in the 18th Judicial District from 2002-2015. As a judge, she handled mixed dockets including criminal, civil, probate, mental health, juvenile cases, though she spent her last 7 years on the bench handling 100% domestic relations dockets. She helped build the Self-Represented Resource Center at a well-respected law firm for which she was recognized as Barrister’s Best: Family Law Lawyer by Law Week Colorado in September 2016 and as a 2017 Super Lawyer. David Crockenberg has joined JAG after a lifetime of legal experience and a fourteen year term as a District Judge in the Tenth Judicial District in Pueblo. After an honorable service in the U.S. military, Judge Crockenberg graduated with a J.D. from the University of North Carolina School of Law in 1973. He has over twenty years of experience as a primary litigator and shareholder in private law firms. While working in private practice and as a district attorney, Judge Crockenberg argued a variety of cases, from insurance defense to medical malpractice. As a judge, he presided over cases in nearly all areas of the law and in both criminal and civil dockets. Judge Crockenberg is a board member for the Saint Mary-Corwin Hospital and the Pueblo Economic Development Company. Please contact Judicial Arbiter Group, Inc. scheduling at 303-572-1919 for mediation or arbitration availability. Complete biographical information for Judge Arkin and Judge Crockenberg is available at www.jaginc.com.
Colorado / Alabama / Indiana 1-800-ARBITER www.jaginc.com 2 I The Docket I June/July 2017
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A Final Message from DBA President Nancy Cohen Your DBA Membership Is a Portal to Priceless Possibilities: Introducing 2017–18 DBA President Franz Hardy By Jessica A. Volz Colorado Legal Aid Stories Compiled by Jon Asher, Diana Poole and Kelly Bossley In Their Own Words: The Recipients of the 2017 DBA Awards
June/July 2017 I The Docket I 3
INSIDE
The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.
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Letter from the Editor
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A Letter from Your Incoming President Franz Hardy
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Briefly
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Ethics Column: Fulfilling Ethical Obligations and Finding Happiness by Giving Back
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The Launch of a New Colorado Inn of Court
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Book Review: Communication Snacks: 52 Bite-Sized Communication Tips for Busy Professionals
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DBA Member Highlight
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COLAP Wellness Corner: You Really Aren’t Alone: An Anonymous Testimonial
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Volunteer Corner: Metro Volunteer Lawyers’ Power of Attorney Clinic
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Risk Management and Insurance to Protect Your Firm
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Postcard Perfect: Snapshots from the 2017 Barristers Benefit Ball
IN EVERY ISSUE 30
Legal Affairs
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Bar Resources
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Picture This
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. Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Incoming Co-Chairs: Kaelyn Gustafson and Paul Miller Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Ryan K. Carnes, 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, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Natalie Powell, Gregory D. Rawlings, Eden Rolland, Alison Ruggiero, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young 2017–18 DBA Officers: Franz Hardy, President; Maureen Watson, President-Elect; April Jones, First Vice President; Laura Liss, Second Vice President; Nancy Cohen, Immediate Past President; Daniel A. Sweetser, Treasurer; Jim Fogg, YLD Chair; and Patrick Flaherty, Executive Director 2017–18 Board of Trustees: Josh Berry, Klaralee Charlton, Sarah M. Clark, Emma Garrison, Matthew Larson, Margrit Lent Parker, Ruchi Kapoor 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. The editor has the right to accept and reject submissions at her discretion.
VISIT THE
303-860-1115 • dbadocket.org
DOCKET BLOG
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Copyright 2017. The Docket (ISSN 1084-7820) is published six times a year 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.
LETTER FROM THE EDITOR DEAR MEMBERS: Thank you to those of you who attended the “Around the World” themed Barristers Benefit Ball on April 29. The evening sparkled with the spirit of diversity and inclusivity, and the funds could not have gone to a more deserving cause than Metro Volunteer Lawyers. As much as a number of global challenges seem to defy the test of centuries, the course of recent events has ushered in “a new world (dis)order,” as Lady Catherine Ashton phrased it during her April visit to Denver. In the early days of her career — well before her tenure as the first vice president of the European Commission from 2009 to 2014 — her most pressing battles involved dealing with pirates off the coast of Somalia. Today, global crises have multiplied and mutated with astounding rapidity, attaining monumental proportions on “real” and virtual fronts. While progress has been made in areas such as extreme poverty, humankind is trekking down a path along which two wrongs don’t make a right. In this construct, the legal community is
uniquely positioned to make a positive difference that can be felt on local and global levels. As we direct our focus to upholding the rule of law, we must not overlook the importance of legal aid in facilitating access to justice and supporting the healthy functioning of a democratic society. Summer at the Colorado and Denver Bar Associations continues to be a time of action, and the glorious weather solar powers our spectrum of work. June and July culminate in celebrations and new beginnings, with the hottest touchstone on the agenda being the passing of the mighty gavel from one bar association president to the next. It is my pleasure to use this issue to introduce incoming DBA President Franz Hardy and the honorees of the 2017 DBA Awards. Outgoing President Nancy Cohen has been an inspiration to us all, and we thank her for her service. The indefatigable passion for the practice of law encourages each of us to wield our personal power for that most important cause: the common good.
With warmest regards,
Jessica A. Volz, Ph.D. jvolz@cobar.org
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DBA PRESIDENT’S MESSAGE
A FINAL MESSAGE FROM DBA PRESIDENT NANCY COHEN the DBA adopted its strategic plan, which has been published on denbar.org. Prior to that, your feedback helped us formulate the plan and goals of promoting member success and engagement: 1. Improve the DBA member experience through better engagement, promoting diversity and inclusivity, improving communications, engaging new and young lawyers, and actively recruiting new members. 2. Focus on core programing, including professional development, pro bono work, and public engagement, through ongoing evaluation using the values of being inclusive, purposeful, impactful and professional.
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his will be my last Docket article as your president. It has been an honor and a privilege to serve as Denver Bar Association president. I have had the opportunity to work with a fantastic Board of Trustees, staff and committees. My goal was to begin implementing the DBA Strategic Plan, strengthen the membership experience and analyze our core programs. The practice of law will look very different in five years. Baby boomers are retiring, and admission to law schools continues to decrease. The DBA recognizes that the profession is changing rapidly and is prepared to meet these challenges. I want to use my final letter to highlight what the DBA has been doing to be more relevant for our members. In May 2016, 6 I The Docket I June/July 2017
After the adoption of the DBA Strategic Plan, a Strategic Program Review Committee was formed and composed of Janet Drake (past president), Franz Hardy (president-elect), John Vaught (past DBA president and president-elect of the CBA for 2018–19 term), Maureen Watson and Josh Berry (DBA trustees), Dan Sweetser (treasurer), Kevin McReynolds (DBA Budget Committee member), Executive Director Patrick Flaherty, Deputy Executive Director Greg Martin, and myself. We reviewed every program the DBA currently offers to make sure that they are all in line with the strategic plan. DBA staff directors also provided reports about our programs. This helped focus the committee’s work to determine membership engagement and program impact. I applaud and thank the collective efforts of the committee and the staff. On May 11, 2017, the DBA Board of Trustees adopted the Strategic Program Review Committee’s recommendations. Some of the highlights include: improving membership recruitment and retention; strengthening the DBA Mock Trial Program; evaluating all of the clinics that the DBA offers to determine which are most impactful; continuing to strengthen Metro Volunteer Lawyers (MVL); and improving governance. The DBA staff has been busy and recognized the importance of these goals well before the committee finished its review. The
DBA has a new website that is easy to use, providing the latest details about DBA events and CLEs. The CBA and DBA hired Vanessa Babarsky, membership marketing manager, who created the DBA Membership Appreciation Month for the month of May. The DBA offered free CLEs and professional headshot services, gave away fun prizes, and held a new member welcome panel and reception. Toni-Anne Dasent was hired last year as the new director of MVL. The number of clients that MVL serves continues to increase, and more lawyers are needed to take pro bono cases. If you are interested in getting involved, you can reach Toni-Anne at tdasent@denbar.org. The Barristers Benefit Ball was once again successful in raising funds for MVL. Thank you to everyone who attended and contributed. The DBA Board of Trustees adopted revisions to its by-laws as recommended by the By-laws Review Committee. I want to thank Franz Hardy, Shannon Stevenson and Gillian Bidgood for their dedicated work on this project. An important change involved how long committee chairs can serve as chairs. The DBA wants to get more people involved in leadership positions, so the number of years that a chair can serve is limited. Modifications to the YLD’s by-laws were approved by the Board of Trustees. The CBA presidential visit to the DBA was held in February 2017 at the law offices of Rathod | Mohamedbhai. Our theme was
It has been an honor and a privilege to serve as Denver Bar Association president.” “breaking bread together breaks down barriers.” We enjoyed wonderful cultural foods — some made and bought by DBA members — and heard from CBA President Patricia Jarzobski, CBA YLD Chair Jake Eisenstein and Dr. Robin Yasui, co-founder of the Coalition for an Inclusive Colorado and chair of the Minoru Yasui Legacy Project. More than 100 DBA members attended. DBA committees have been hard at work as well. The BenchBar Committee has introduced a series of courtroom chats at the Lindsey-Flanigan Courthouse. The Access to Justice Committee’s Mi Casa and other clinics continue to be highly successful for the community and our members. The DBA is also participating in the CBA President’s Diversity Council. This collaboration with the various diversity bars will help strengthen the DBA’s goal of inclusiveness and diversity in a way that provides a pipeline for leadership opportunities at the DBA. The DBA YLD has done a fantastic job working with new members. The Barristers After Hours events are consistently well attended. The DBA YLD and the CBA YLD are working with Chief Judge Loeb and Judges Bernard and Jones to hold an appellate program for new lawyers on September 27 at the Ralph L. Carr Colorado Judicial Center. Patricia Jarzobski and I also met with
the University of Denver Sturm College of Law Alumni Council. We heard great comments about how we can engage law students to participate in the bar associations. As many of you know, CLE has a new executive director, Vince O’Brien. The DBA is working with him and the CLE team to provide CLE programing that is relevant to DBA members. Having discussed the past year, it is time to turn the discussion to the present: Congress is considering cutting funding to the Legal Services Corporation (LSC), which will greatly impact Colorado Legal Services if passed. LSC was created with bi-partisan support during the Nixon administration because Congress found “there is a need to provide high quality legal assistance to those who would be otherwise unable to afford adequate legal counsel.” I am participating in a CBA/DBA Stakeholder Meeting on LSC Funding to figure out ways to educate our members about the devastating impact that such cuts will have on our community for people who are dealing with family law matters, wrongful evictions, and cuts to veteran or senior benefits. I love the generosity of lawyers and their willingness to give back to our community. We currently do not meet the need for legal services to our indigent community, and now is the time to educate our Congressional delegation and the community about the importance of LSC funding and its positive impact. This has been a trying time for the judiciary, both nationally and, to some extent, in Colorado. As lawyers, we have an obligation to defend the rule of law and the judiciary. Many people don’t understand the significance of why our forefathers created three branches of government and don’t realize that “[i]t is emphatically the providence and duty of the judicial department to say what the law is” (Marbury v. Madison, 1803). Not everyone agrees with judicial decisions or even sometimes with their reasoning. Whatever foibles you think the judiciary has, the alternative to not having an independent judiciary is the loss of democracy. Lawyers do such great work in the community by volunteering their time and donating to great causes. Please go the extra step and educate your family, neighbors and colleagues about the importance of an independent judiciary. Thank you again for the privilege to serve as your president. It has truly been one of the best jobs I have ever had. The work we have accomplished has been a team effort, and I have been very fortunate to collaborate with a dedicated board and staff who have given so much of their time to help the DBA reach its goals. I know Franz Hardy will continue to implement the strategic plan and achieve great outcomes. And to the DBA members: Thank you for all you do for the profession and our community. D
June/July 2017 I The Docket I 7
A LETTER FROM YOUR INCOMING PRESIDENT FRANZ HARDY FROM THERE TO HERE
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t’s more than fair to ask, “Who is the new guy with the funny name now leading the bar (association)?” Here’s my best attempt to answer that question. I’m from a place far from here. When I say that, I don’t mean geographically. I was raised by a single African-American father. My parents, who met in Germany (hence “Franzel”), separated when I was 5 years old, and my mother returned to her native country of Japan. My mother had once said in her matter-of-fact way, “Money never loved your father.” She was right: My father struggled as an owner of a small business. During one of the many rough stretches, we lived in a small detached garage until the weather got so cold that we had to move into a distant cousin’s house. I also remember a few nights sleeping in the car. Having little and struggling were part of my everyday life. Being a bi-racial kid with a different name was who I was. The funny thing is that I just wanted to fit in; I didn’t want to be different. After high school, I was accepted to Colorado State University, where I thought I could get a little lost in a big crowd. During spring break of my sophomore year, my father passed away unexpectedly. Over the one-week break, I buried him, packed up his few belongings and cleaned out his small apartment. I remember that his bank account only held a couple hundred dollars. The teller helped me close the account even though I did not have the right paperwork. She just felt that bad for me. Left to fend for myself, I knew that I had to get serious. With a lot of hard work, I was accepted to the University of Colorado Law School despite not knowing any lawyers and, in hindsight, having only an amateur plan to prepare for and take the LSAT. After law school, I worked at a mid-sized Denver law firm for nearly seven years. For the last 10 years, I have worked at Gordon & Rees LLP. Personally, I’ve been happily married for nearly 8 I The Docket I June/July 2017
15 years and have two healthy boys who don’t have to struggle like I did. My point is not to share a success story. In fact, I have a lot to learn and a long way to go. Also, it would be completely inaccurate to believe that I got here on my own, as countless people have helped me along the way. The moral of my story is that we all have our own paths. No matter your path, unique or more traditional, the Denver Bar Association is your home. You fit in without trying. Being different is just fine. Here’s to the home that accepts us all! I look forward to serving all of you who have made it from there to here. D
BRIEFLY “‘Give me your tired, your poor,
OF NOTE: Getting
Your huddled masses yearning to breathe free,
Here: From a Seat on a
The wretched refuse of your teeming shore,
Train to a Seat on the
Send these, the homeless, the tempest-tossed
Bench recounts retired
to me: I lift my lamp beside the golden door.’”
Colorado Court of Appeals Judge Peter Ney’s escape
~ from “The New Colossus” by Emma Lazarus
Emma Lazarus (July 22, 1849–November 19, 1887) was born into a large Sephardic-Ashkenazi Jewish family. She was related to United States Supreme Court Associate Justice Benjamin N. Cardozo. “The New Colossus” was written in 1883 and donated to an auction to raise funds to build the pedestal for the Statue of Liberty.
from Nazi Germany via Kindertransport to his family’s eventual arrival in the United States. This is a must-read for anyone practicing law in Colorado. Getting Here: From a Seat on a Train to a Seat on the Bench (iUniverse, 2009). $19.95 (paperback).
TRIVIA Q: Which United States Supreme Court
“Zachary, I am afraid that you are just too controlling to be my boyfriend ... but I would certainly recommend you if you ever want to be someone’s fiduciary.”
associate justice was the first to cite Jane Austen’s Pride and Prejudice in an opinion? A: Justice Antonin Scalia. Whitfield v. United States, 135 S.Ct. 785, 788 (2015): “See e.g., […] J. Austen, Pride and Prejudice 182 (Greenwich ed. 1982) (Elizabeth ‘accompanied her out of the room’).” June/July 2017 I The Docket I 9
YOUR DBA MEMBERSHIP IS A PORTAL TO PRICELESS POSSIBILITIES:
Introducing 2017–18 DBA President Franz Hardy
FRANZ HARDY WITH HIS FAMILY IN LONDON.
By Docket Editor Jessica A. Volz
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n an era where even lawyers are reevaluating how they spend their money, the definition of value becomes the conundrum du jour. “I want to reinforce the value in being a member of the Denver Bar Association. It’s a two-way relationship. It’s about what lawyers bring to the DBA and what the DBA provides in return.” Such clarity of vision and unbeatable precision are emblematic of incoming DBA President Franz Hardy’s leadership style within the legal and broader communities. Hardy, a partner at Gordon & Rees LLP, is an accomplished trial attorney whose focus pertains to business and insurance litigation, including representing lawyers and law firms. Beyond that, he is someone with an amiable and down-to-earth disposition 10 I The Docket I June/July 2017
with whom your time is always well spent. At a moment when the world seems to be yielding, however paradoxically, to the gravitational waves of complexity, Hardy’s faith in simplicity presents a beacon of hope for a goal-oriented community. When quizzed whether his approach would embrace Henry David Thoreau’s “simplify, simplify,” Hardy nodded with visible gusto. Actions, after all, speak louder than words. With the DBA’s 125th anniversary in the not-so-distant past and the implementation of the strategic plan in full swing, Hardy knows that greater prospects lie before us than behind us; the bar association’s future shines with more luminescence than its past. Still, Hardy knows that he has big shoes to fill and relishes the
FRANZ AND HIS WIFE, MARI, AT THE “AROUND THE WORLD” BARRISTERS BENEFIT BALL.
challenge of reinforcing the perception that DBA membership is a portal to priceless possibilities, career oriented and otherwise. The DBA’s incoming president is not a newcomer when it comes to leadership roles. Hardy serves as chair of Gordon & Rees’s Diversity Committee, where he has overseen diversity initiatives in more than 35 offices across the country. He is also a past president of the Asian Pacific American Bar Association of Colorado and a past chair of the University of Colorado Law School Alumni Board. Hardy attributes one of the most pivotal points in his career to receiving the Richard Marden Davis Award in 2012. Each year, Davis Graham & Stubbs LLP joins the Denver Bar Foundation and the Davis family to sponsor the award, which is presented to a Denver lawyer “under the age of 40 who so combines excellence as a lawyer with creative civic, cultural, educational and charitable leadership as to best exemplify the character and promise of Richard Marden Davis at that stage in his career.” Being placed in the company of such inspiring individuals as Justices Monica Márquez and Richard Gabriel impressed upon him the idea that he had come into great expectations of what he could and should accomplish. Hardy is passionate about the DBA’s spectrum of work and feels honored to have the opportunity to serve the bar association’s members in a more all-encompassing capacity. While he hails from Colorado Springs, he now considers Denver to be his home. He feels fortunate to live in a city where a wellbeingcentric lifestyle continues to reign under typically sunny skies. Hardy is living proof that leading a balanced life and excelling at the practice of law do not have to be mutually exclusive. He is one of those role models who is convinced that promptitude does not require replying to emails in one’s sleep. Destressing at the gym and spending quality time with his family are fundamental pillars in his life. Among other adventures, he and his wife, Mari, recently took their two boys, Jackson (12) and Tyson (9), to Paris and London. “You can learn so much by traveling and experiencing other cultures,” he avers. It seems fitting that
the bar associations’ push for diversity and inclusivity inspired him to propose an “Around the World” theme for the 2017 Barristers Benefit Ball. It is that same worldly outlook that Hardy aspires to embrace during his term as DBA president. Hardy is someone who recognizes that we live in an increasingly interdependent world and who is capable of serving as an ambassador to specialty and diversity bar associations. His commitment to addressing the access to justice gap positions his vision in line with that of incoming Colorado Bar Association President Richard Gast. Unlike Gast, however, whose greatgrandfather was the second president of the CBA, Hardy confesses that the practice of law found him somewhat unexpectedly. Like his predecessor, Hardy was the first in his family to go to law school. He hopes that his undefined path and aspirations as a diverse attorney will inspire the next generation of lawyers to pursue their individual passions and see the transferable value in being a member of the DBA. “It’s a value that you can customize. Everyone is welcome here,” he says. Hardy readily acknowledges that the legal ecosystem has been subject to its own form of climate change. To adapt to the shifting demands in the forecast, he plans to build upon Immediate Past President Nancy Cohen’s “The Denver Bar Association is Here for You” campaign and Past President Janet Drake’s “Make a Difference” call to action. Hard-working, dedicated, resilient, confident and optimistic. Those are some of the many qualities that the DBA has to look forward to in its incoming president. And don’t forget that one of the DBA’s most valuable assets is YOU! D
FRANZ HARDY STANDS WITH HIS DAVIS AWARD NEXT TO DBA PAST PRESIDENT JAMES BENJAMIN. June/July 2017 I The Docket I 11
COLORADO LEGAL AID STORIES
Stories compiled by Jon Asher, Diana Poole and Kelly Bossley IVIL LEGAL AID ENSURES FAIRNESS FOR ALL IN THE JUSTICE SYSTEM — NOT JUST FOR THOSE WHO CAN AFFORD IT. THE ELIMINATION OF FEDERAL FUNDING FOR THE LEGAL SERVICES CORPORATION, AS PROPOSED BY THE TRUMP ADMINISTRATION, WOULD SERIOUSLY JEOPARDIZE THE ABILITY OF LOW-INCOME COLORADANS TO SECURE THE LEGAL HELP THEY NEED.
Colorado Legal Services (CLS), our statewide, staffed civil legal aid program, is the backbone of Colorado’s legal aid delivery system, and 40 percent of its annual budget comes from the Legal Services Corporation (LSC). Even at current funding levels, CLS is forced to turn away at least one income-eligible person for every person it is able to serve as a result of inadequate resources. If Congress approves the proposed elimination of federal funding for legal aid, the problem will get much worse. Through a network of 13 offices across the state, CLS provides free legal services to more than 10,000 Coloradans a year: victims of domestic violence, families facing foreclosure or eviction, veterans seeking lawful benefits, seniors, and people with disabilities. CLS also plays a vital role in supporting pro bono programs across the state by screening cases and training private attorneys, many of whom have limited experience in the kinds of civil problems experienced by low-income Coloradans. REAL STORIES OF LEGAL AID IN COLORADO Supporting access to justice is an investment in people. The following stories of six CLS clients illustrate the lifeline that legal aid represents for families who desperately need help navigating 12 I The Docket I June/July 2017
the legal process. Without the continuation of this vital assistance, thousands of Coloradans will be denied the equal access to justice that is fundamental to our democracy. CANCER PATIENT FACING EVICTION For many people dealing with housing issues, legal aid is the difference between keeping their homes and being forced onto the street. CLS recently assisted a client in the final stage of terminal cancer who had fallen behind on her rent because she had not received her Social Security benefits in a timely manner. Due to her illness, she was unable to appear in court to defend herself in the eviction proceedings and was being forced out of her apartment despite only having a matter of weeks or months to live. CLS’s Homeless Prevention Unit in Denver got involved and was able to successfully negotiate with the landlord to dismiss the eviction judgment and vacate the writ of restitution. This enabled the client to stay in her home for the remainder of her life.
ABUSE VICTIM SEEKING TO ESCAPE DANGEROUS MARRIAGE Legal aid reduces domestic violence by helping victims escape violent situations and achieve independence. CLS’s Grand Junction office assisted a woman who suffered second- and thirddegree burns over a large portion of her body when her husband of nine years threw fuel around her legs and feet in anger and set her on fire. The woman underwent a lengthy series of treatments followed by daily visits from a homecare nurse and was unable to work for three months. CLS helped her obtain a permanent civil protection order and divorce from this abusive and dangerous man, who is also being prosecuted for his crimes. GRANDPARENTS AT RISK OF LOSING THEIR FAMILY AND MOBILE HOME Legal assistance can also help keep families together. CLS’s Colorado Springs office assisted a couple who had lived in a purported age “55 and older” mobile home park since 1990. In 2016, they sought temporary custody of their grandchildren following a finding of parental neglect. When the grandparents informed the mobile home park owners that their grandchildren were moving in with them, the mobile home park initiated an eviction proceeding. The threat of eviction was even more devastating for the couple because the mobile home they owned was too old to be moved to another park. After unsuccessfully trying to negotiate a resolution, the couple sought help from legal aid in filing a lawsuit against the mobile home park in the U.S. District Court for the District of Colorado, alleging violations of the federal Fair Housing Act’s prohibition on discriminatory housing practices based on familial status. During the early stages of the litigation, and after the federal magistrate chastised the park’s owners in open court, a settlement was reached that allowed the grandparents to remain in the mobile home park with their grandchildren. DISABLED WOMAN ABANDONED AND IN NEED OF HOME HEALTH CARE With the assistance of legal aid, individuals with disabilities are able to secure necessary home health care benefits so they can continue living independently. A disabled woman sought help from CLS’s La Junta office when her husband and in-home caretaker abandoned her. Her husband had taken her to a doctor’s appointment and then never returned to pick her up, taking her motorized wheelchair with him. Eventually it became clear that it was his intent to leave the marriage and their together life in Colorado. The woman was heartbroken by her husband’s sudden abandonment and desperately needed assistance to meet her multiple medical needs. With the help of legal aid, she was able to find new home health care services and obtain a divorce. VETERAN HARMED BY ILLEGAL EMPLOYMENT PRACTICES Legal aid can also help hold employers accountable when they engage in illegal behavior. A veteran sought assistance from CLS’s Grand Junction office after being told by a prospective
employer that Americans need not apply because the employer was bringing in low-paid “H2A” employees from South Africa. The law allows for the employment of foreign workers only if there are no U.S. citizens willing to do the job. CLS represented the veteran and brought a suit against the company and the company’s employment recruiter for employment discrimination with the Colorado Civil Rights Division, EEOC and ultimately in federal court. CLS was able to secure a favorable monetary settlement for the ex-marine and convinced the recruiting company to change its practices in positive ways that should protect other U.S. citizen workers in the future. WOMAN THREATENED WITH FORECLOSURE FOLLOWING EX-HUSBAND’S BANKRUPTCY Individuals unable to navigate complicated legal processes on their own often seek help from legal aid. The CLS Consumer Unit in Denver recently assisted a woman who was facing foreclosure as a result of her ex-husband’s bankruptcy filing. She and her ex-husband had owned the home jointly, and he had transferred his interest in their home to her, via a quitclaim deed, as part of their divorce. When her ex-husband later filed for bankruptcy, the Chapter 7 bankruptcy trustee took the position that the conveyance of the house by her ex-husband to her for no consideration was fraudulent and demanded she submit $40,000 in equity in the house to the court. The client was terrified and unsure how to handle the situation, so she did not respond to the demand and the trustee ultimately filed an adversary proceeding against her in bankruptcy court. CLS defended the client arguing that the transfer did not meet the definition of a fraudulent conveyance and provided the trustee’s counsel with documentation showing substantial consideration for the transfer. The adversary proceeding was dismissed, and the client did not lose her home. CONCLUSION These stories vividly illustrate the value of legal aid, not only for those who receive services, but for all of us who believe that people should not be denied the rights and protections afforded by the law simply because they can’t afford counsel.
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HOW CAN YOU HELP? Support the Legal Aid Foundation’s 2016–17 Campaign for Justice, which ends on June 30. Give online at legalaidfoundation.org or send a check to 1900 Grant St., Ste. 1112, Denver, CO 80203. Register as a Legal Aid Defender to let Congress know you oppose the proposed elimination of federal funding for civil legal aid. You don’t need to be an ABA member to register, and it’s easy to do so at defendlegalaid.org. D
The Docket thanks Jon Asher, Diana Poole and Kelly Bossley for their time in compiling these stories that are all the more poignant because they are real. June/July 2017 I The Docket I 13
Ethics Column
FULFILLING ETHICAL OBLIGATIONS AND FINDING HAPPINESS BY GIVING BACK
By Amy DeVan
W
hen I first started working in the field of legal ethics, I was surprised to discover that the Colorado Rules of Professional Conduct contain one aspirational rule — a rule that isn’t really a “Rule” but rather an attempt to get us to be the best version of ourselves by embracing the power of our position as lawyers and addressing needs that we may not otherwise be aware of. The rule in question is 6.1, the Voluntary Pro Bono Publico Service rule. The rule begins by stating, “[e]very lawyer has a professional responsibility to provide legal services to those unable to pay […].” I have talked to lawyers who say they feel like access to justice is discussed in every other article they read or CLE they attend. Maybe we are experiencing some fatigue over the topic, but it’s brought up for good reason. It is indisputable that we 14 I The Docket I June/July 2017
have an issue in Colorado and elsewhere in this country, where those who are most in need of legal advice and assistance are the ones who can least afford to pay for it. As noted by the Colorado courts, two thirds of litigants in domestic relations cases from 2013 to 2016 were unrepresented. In county court civil cases, 98 percent of the litigants appeared pro se. At the same time, the resources of Colorado Legal Services are stretched to the limit, and they turn away far more people than they can help. When I talk to lawyers about this, I always ask them, “If you got in trouble, could you afford legal assistance yourself ?” For many, I would suspect that the answer would be a resounding “no.” While there may be other solutions to the problem, there is no denying that lawyers play an important role in filling the gap in access to justice. There is also a need for many other types of pro bono ser-
ETHICS COLUMN
vice that may not fit into the access to justice category but are nonetheless in high demand. In our uncertain political and economic climate, many nonprofits, organizations, and individuals find themselves in need of legal advice or assistance they simply cannot afford. We love our dogs in this state, but many small-scale rescue organizations start out as concerned individuals who want to help animals. They don’t know what it means to be a 501(c)(3) or how to go about obtaining that status. What about insurance or liability protection? For these individuals, the focus is on feeding, housing and obtaining medical care for abandoned animals; extra dollars to be spent on lawyers are not in abundant supply,
“ [e]very lawyer has a professional responsibility to provide legal services to those unable to pay […]. ”
if they even exist. Lawyers who volunteer their time help ensure that fundraising money goes directly to helping even more animals. The same principles apply to environmental organizations, religious groups, people who want to bring First Amendment or civil rights claims but haven’t the slightest idea how to do it, and any number of other worthy causes. The issue isn’t that there is no place for us to give of ourselves and our time, it’s that there are so many options to choose from. So, how do you decide?! We can also give our time to each other. I often choose to spend my pro bono time working and talking with other lawyers, primarily solo practitioners or small-firm lawyers, who need help ensuring that they are practicing in compliance with the Rules of Professional Conduct. In so doing, I am not only forming relationships with my fellow lawyers, giving them a resource to call on when the need arises, but I am also helping the public by working with lawyers to be better lawyers. This, in turn, helps me. I have never walked away from a conversation where someone asked me for advice without feeling like I also learned something and benefited from the exchange. This brings up an important point: Giving of yourself and your time not only makes you a good person and a better lawyer, it also serves to make you happier. It’s a win–win! There are roughly as many studies about the profession as there are lawyers, and they all tell us that we are among the most depressed people, generally speaking, and that we have the highest depression rates of any professional occupation. Super! However, studies have also shown that lawyers, like other humans, experience elevated levels of happiness when they are doing good and giving back. A May 1, 2015 New York Times article by Douglas Quenqua, “Lawyers with Lowest Pay Report More Happiness,” is exception-
ally thought-provoking; it has stayed in my mind since I read it two years ago. The author states that lawyers and law students are focusing on the wrong rewards: Researchers who surveyed 6,200 lawyers about their jobs and health found that the factors most frequently associated with success in the legal field, such as high income or a partner-track job at a prestigious firm, had almost zero correlation with happiness and well-being. However, lawyers in public-service jobs who made the least money, like public defenders or Legal Aid attorneys, were most likely to report being happy. […] The problem with the more prestigious jobs […] is that they do not provide feelings of competence, autonomy or connection to others — three pillars of self-determination theory, the psychological model of human happiness on which the study was based. Publicservice jobs do. We can’t all be public defenders nor should we be. There is a need for lawyers at each end of the spectrum, from the public defender or solo family law practitioner to the associate or partner handling high-pressure litigation on behalf of large corporate clients in a big firm. We all serve a vital need in the legal market. But no matter where we earn our paychecks, we can still contribute on a very basic level by giving back to people, organizations or causes that need us. And we need them to bring us the fulfillment that comes from knowing that we made a difference. We’re fortunate; we can’t forget that. And if honoring what that means also brings us back to where we started and allows us to fulfill our professional and ethical obligations, whether aspirational or not, that is a good place to be. Let’s embrace the expectations of Rule 6.1 and uphold our obligations as legal professionals who have something very valuable to offer. We are at our best when we give back to those who need us. In closing, I would like you to think about this quote from that great life philosopher Goldie Hawn: “Giving back is as good for you as it is for those you are helping, because giving gives you purpose. When you have a purpose-driven life, you’re a happier person.” These are words to live by, today and every day. D
Amy DeVan works as Conflicts and Resource Staff Counsel with the law firm Wheeler Trigg O’Donnell LLP. She can be reached at devan@ wtotrial.com.
June/July 2017 I The Docket I 15
THE LAUNCH OF A NEW COLORADO INN OF COURT By Natalie Powell
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n 1985, under the leadership of U. S. District Court Judge John Kane, the Judge William Doyle Inn of Court — the first Inn in Colorado — was established. From 1993 to 1994, Judge Alfred Harrell was president of the Doyle Inn, and with the encouragement and direction of his mentor, Judge Kane, Judge Harrell was asked to lead the formation of a second Inn of Court. That Inn was established in 1995 as the Judge Alfred A. Arraj Inn. Subsequent Inns followed. Now retired but not inactive, Judge Harrell is at it again. With the aid of another Denver Inn of Court, the Rhone-Brackett Inn, he hopes to shepherd a new Inn of Court into existence in the fall of 2017. With the exception of the Intellectual Property Inn, it has been more than 20 years since the addition of a new Inn of Court to Colorado’s legal landscape. With the booming metropolitan population and the increase in attorneys joining the profession, Judge Harrell believes that the time has come to add another Inn to the Front Range area. He also thinks that the new Inn will benefit from some lessons learned from existing Denver Inns. Although the new Inn will promote the founding principles of all American Inns of Court — professionalism, mentorship and civility — some new concepts may be employed. Judge Harrell has noticed that many law students did not continue their membership once they passed the bar because they were deterred by the cost. He also heard this concern from practicing lawyers. An idea was born. The membership cost of many Inns is driven by the price of the monthly meals which are generally held at upscale locations. Judge Harrell believes that the new Inn could reduce costs while maintaining prestige by holding meetings at the two Colorado law schools and at the Colorado courthouses. As he puts it, “What could be classier than a meeting at the Colorado Supreme Court?” Judge Harrell believes that roving meeting locations may also allow the new Inn to be more inclusive to those who live or work outside the metro area. The new Inn will be a general membership Inn with an emphasis on diversity, affordability and accessibility. Judge Harrell hopes it will appeal to law students and a range of legal practitioners and judicial officers. He would also like to see more government attorneys, law professors and judicial administrators involved. To keep the new Inn affordable, the Inn may consider some breakfast and lunch meetings instead of the current Inns’ standard dinner meetings. The new Inn may also meet six times a year as opposed to the existing Inns’ schedule of monthly meetings with a summer hiatus. Tyler Stokes, a third-year law student at the University of Denver, agrees that the new Inn may be more attractive to law students. Stokes is part of Judge Harrell’s pupilage group in the 16 I The Docket I June/July 2017
Rhone-Brackett Inn. Stokes said, “Many law students tell me they do not join the Inns of Court because they believe they have to be invited to join, and they worry about the expense.” Judge Harrell said that the Inns of Court provide an important footing for law students to become part of the bar community before they become licensed attorneys. He hopes that in the new Inn, younger lawyers and law students will take on leadership roles. He noted that when the existing Inns were started, the senior lawyers and judges would gather to form the Inn, make decisions concerning the Inn’s governance and then invite other members. He anticipates that the new Inn will afford all members a role in decision making. With the numerous Colorado and specialty bar associations and committees in place, many people ask what is distinctive about the Inns of Court. Judge Harrell, who has been involved in a number of bar associations, is convinced that it was his participation in the Inns of Court that made his career. The Inns of Court provide unique opportunities for mentorship among attorneys and judges, which he describes as “multi-directional mentorship.” Julie Walker, a founding partner of Kelly & Walker, LLC, agrees that the Inns of Court provide special opportunities for networking and mentorship. Walker recalls when, as a young lawyer, she was encouraged to join the Doyle Inn of Court. The first meeting that she attended was held at then Colorado Supreme Court Chief Justice Luis Rovira’s home. Walker said, “As a new lawyer, I could not believe that I was sitting on the chief justice’s couch, and he was serving me coffee.” Since that initial meeting, Walker said she has gained invaluable friendships and mentors through the Inns of Court. Although the Rhone-Brackett Inn and Judge Harrell’s pupilage group will be the primary players in laying the foundation for the new Inn, a number of the other Denver Inns have offered to help. Many members of the judiciary have also tendered their support, including Colorado Supreme Court Chief Justice Nancy Rice, Judge Christine Arguello and Magistrate Judge Kristin Mix. Anyone who is interested in joining or learning more about the new Inn should email newdenverinn@gmail.com. D
Natalie Powell is an Assistant Attorney General in the Business & Licensing section of the Colorado Attorney General’s Office. She has been a member of the Docket Committee since 2006. She can be reached at natalie.powell@coag.gov.
June/July 2017 I The Docket I 17
IN THEIR OWN WORDS: THE WINNERS OF THE 2017 DBA AWARDS Compiled by Jessica A. Volz The Denver Bar Association thanks those individuals who took the time to submit nominations for this year’s awards. During the course of the past 126 years, the achievements of DBA members have never failed to impress. This year’s honorees have taken the meaning of dedication to inspiring new heights.
AWARD OF MERIT: SHEILA GUTTERMAN Being named the recipient of the DBA Award of Merit and placed in the company of so many great attorneys and judges has been one of the highlights of my professional career. I hope to serve as a role model for others by encouraging them to give back to the community and to be a leader. When I was asked at age 4 what I wanted to be when I grew up, I said, “I want to get married, have children and be a lawyer who helps families.” It was unusual in 1948 for a girl to state that she wanted to be a lawyer. Those dreams have nonetheless come true. I am married to Gary, my husband of almost 52 years, and have two adult children, Steve and Sara, and three grandchildren, Ethan, Sadie and Jackson. It is humbling that in the 60 years that the DBA Award of Merit has been given, I am the fifth woman to be honored in this way. After graduating, I litigated many family law cases, which affirmed my belief that family issues should not be resolved in the courtroom. I worked hard to be a pioneer in the field of mediation. In 2000, I brought Collaborative Law to Colorado. I taught or sponsored 27 workshops on the process and the collaborative paradigm shift that underlies how family law is practiced today. The first organization that I joined after law school was the DBA. I became involved in the Barristers Benefit Ball, which I helped transform from just another law dinner to a themeoriented gala that continues to channel critical funds to Metro Volunteer Lawyers. My passion for the DBA led me to fulfill a number of leadership roles, including 1st vice president, Budget Committee chair and delegate to the CBA Board of Governors. I made sure that family law issues were always on the agenda. I have also had the honor of chairing the Colorado Judicial Institute and the CBA Family Law Section. Some of my closest friends are those with whom I have worked on DBA, CBA and CJI projects. I am humbled, appreciative and filled with joy that the DBA has given me this recognition.
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YOUNG LAWYER OF THE YEAR: ROBIN HOOGERHYDE Born and raised just north of Boston by parents from Southern California, I always had a sense of adventure. Enjoying Rutgers University’s atmosphere, and after enrolling in the barristers’ program at the University of Glasgow during my semester abroad, I decided to attend law school at the biggest university that would accept me. Michigan State University gave me the campus I desired and the scholarships I needed. And while at MSU, I met my husband, who always wanted to move to Colorado. I accepted a clerkship with Judge Gilbert Román at the Colorado Court of Appeals, and I liked it so much that I have refused to leave. I have had the immense luck of being Judge Dennis Graham’s permanent law clerk since 2010. I’ve grown personally and professionally under his mentorship. My DBA membership has been invaluable. Appellate practice is insular at times, and by joining the DBA, I have met all sorts of wonderful lawyers from all practice areas. My membership has also provided me with opportunities to get involved in the larger Denver community through service projects and social events. Being selected as the Young Lawyer of the Year is a huge honor. When I received the call, I immediately thought back to a conversation I had with my grandmother when I told her I was going to law school. A devout Catholic, she looked me right in the eye and said, “Good. Now you can help poor people.” Her highest and best self was when she was helping others, and while I dare not compare myself to her (she raised eight children on a police officer’s salary and ALWAYS ate her greens), I am glad that I am making her proud.
JUDICIAL EXCELLENCE AWARD: THE HONORABLE MARIA “TERRY” FOX Community service, including service to the DBA, is important for all legal professionals. Beyond the friendships that develop while serving the DBA, professional and service organizations are a source of inspiration, education and support throughout our careers. Judges, more than any other legal professionals, need to set the example of service and of mentorship. I am humbled to receive the Judicial Excellence Award through which the DBA recognizes a member of the judiciary “for extraordinary service or exceptional contributions to the improvement of the judicial system.” As I glanced at the list
of past awardees — a list that includes jurists whom I admire greatly — I was quite intimidated. Justices Alex Martinez, Nancy Rice and Mary Mullarkey — three jurists for whom I hold the deepest respect — have been granted this honor. From my own court, Judges Dan Taubman and Dennis Graham and Sr. Judges Russ Carparelli and Leonard Plank have been honored as well. I am delighted to join them and the district and county court judges whom the DBA has recognized with the Judicial Excellence Award. I began serving on the Colorado Court of Appeals in early 2011. Affording access to justice to all Coloradans is my goal. Equally dear to my heart is ensuring that Colorado’s judiciary reflects the diversity of the community that it serves. I informally mentor diverse attorneys and women aspiring to the judiciary through the Diversity on the Bench Dream Team initiative. Consistent with this commitment, I have served as the Colorado director and district director of the National Association of Women Judges. I have also been deeply involved in the Colorado Hispanic Bar Association and the Colorado Women’s Bar Association. As our beloved Teddy Roosevelt once said, “Far and away the best prize that life has to offer is the chance to work hard at work worth doing.” I am so fortunate that our governor and the public have granted me the privilege to work hard at work that is definitely worth doing.
VOLUNTEER LAWYERS OF THE YEAR: JENNIFER I. HOLT The award means a great deal to me as a recognition for a long-held commitment. I graduated from the University of Denver Sturm College of Law and have been practicing since the fall of 1979. I grew up on the Western Slope as a fifthgeneration native Coloradan and have been a DBA member for as long as I can remember. When I’m not working as an attorney, I spend my time helping my husband on our ranch in Wyoming and in rodeo activities. I also serve on the National Western Livestock Junior Auction of Champions Committee. I am passionate about MVL. It is a great way to give back and to help those people in the community who couldn’t otherwise afford legal services for civil cases. I enjoy family law because I’m helping clients through a very tough time in their lives, emotionally and sometimes financially.
LEO MILAN As a longtime DBA member, I can confirm that the relationships formed through the bar association are lifelong. Prior to my appointment as a Senior Assistant Attorney General and Pro
Bono Coordinator with the Colorado Department of Law, I was active in Missions for Ministries, which builds houses in Juárez, Mexico for the poorest of the poor. More recently, I have been involved in Habitat for Humanity. I also offer my time in judging and mentoring high school students pursuing a variety of civic and legal opportunities. I am humbled to have been named a Volunteer Lawyer of the Year. The Pro Bono Post-Decree Clinics in Arapahoe and Adams counties in which I participate have flourished through the support of Attorney General Cynthia Coffman and 60+ attorneys and staff from her office. It is thanks to the incredible volunteers from the Colorado Department of Law and MVL that the Pro Bono Post-Decree program has been so successful in helping a highly underserved population. Volunteering has changed my life and those for whom I offered my legal services.
OUTSTANDING PROGRAM/PROJECT: COLORADO ATTORNEY MENTORING PROGRAM Established in 2013, the Colorado Attorney Mentoring Program (CAMP) began as a means to assist Colorado’s new lawyers in successfully transitioning from law school to law practice. Emphasis is placed on the one-on-one professional relationship between the seasoned lawyer and the mentee. CAMP was created with the intention of generating meaningful and relevant mentoring relationships that ultimately make for better Colorado lawyers. Good mentoring relationships also increase professionalism in the practice of law and play a significant role in achieving an inclusive and diverse legal profession. Mentors and mentees often describe how rewarding their mutual relationship has been and some of these relationships last a lifetime. In its four-year existence, CAMP has successfully matched nearly 600 Colorado lawyers with one of our 420 mentors and coaches from around the state. In addition, CAMP has expanded its footprint and outreach through its collaboration with over 30 partner mentoring programs in local bar associations, law firms and government law offices across Colorado. CAMP offers eight different mentoring tracks appealing to lawyers at all stages of practice. The CAMP Coffee List pairs mentors and mentees for short-term mentoring sessions to discuss issues such as bar association engagement, leadership development, informational interviews and practice resource questions. The CAMP Trial Attorney Mentoring Program provides participants with the unique opportunity to gain real-world jury or bench trial experience while receiving one-on-one coaching and mentoring from seasoned litigators. Finally, CAMP is the first state attorney mentoring program in the nation to utilize a mentoring software platform to improve participant matching, facilitate mentoring relationships and increase mentoring outcomes. D
CONGRATULATIONS TO THIS YEAR’S HONOREES! June/July 2017 I The Docket I 19
D E N V E R B A R A S S O C I AT I O N
GOLF TOURNAMENT JUNE 23 1 p.m. Shotgun Start City Park Golf Course $75 per player, $60 for young lawyers and seniors*, and $50 for law students. *Special Seniors division open to anyone over 65 that opts in. This year the tournament will be played in a scramble format (four-person teams), where awards will be given for team low gross and team low net. After you’ve finished golfing, join us in the clubhouse, Bogeys, for complimentary appetizers and drinks.
For more information visit denbar.org.
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COMMUNICATION SNACKS: 52 BITE-SIZED COMMUNICATION TIPS FOR THE BUSY PROFESSIONAL A Book Review by Eric Jaworski Sometimes you do not know you are hungry until you see or smell a plate of food. I did not know I was in need of a “Communication Snack” until I started reading this book. Whether lawyers are talking with prospective or current clients about their legal needs or communicating with the other side in litigation or transactional matters, the ability to communicate our position, strategy and goals is essential to what we do. Yet, once we are out of law school, do we actually spend any time refining the craft of communication? If, as it was for me, the answer to that question is “no,” you are likely to find something enlightening, helpful or just plain interesting in Communication Snacks: 52 Bite-Sized Communication Tips for the Busy Professional. As its title suggests, this pocket-sized compendium is broken into 52 “communication snacks” that the authors suggest be ingested one at a time. Each snack is approximately a page in length, which makes them easily digestible, whether you want to review and practice one snack a week over a year or gorge on them in a much shorter period of time. True to form, I could not control my snacking and finished this pintsized book over the course of a few evenings. The snacks address a diverse set of written and oral communication topics, ranging from common grammar mix-ups to the proper amount of eye contact to how cultural differences impact how we communicate. As I was reading the book, I was struck by how many of the topics reminded me of discussions and issues addressed in a National Institute for Trial Advocacy (NITA) course that I took several years ago. The snacks provided a great refresher on some key communication strategies covered in that course. For example, in Communication Snack No. 10, titled “Command Attention Through Silence,” the authors note that many speakers too often start their presentations with a throwaway word or phrase like “so,” “um” or “okay, well.” The authors recommend countering this somewhat natural urge with the “use of a deliberate 2-3 second silent pause before you speak.” This snack echoed NITA’s suggestion that a slight pause before beginning an argument or before moving on to the next line of questioning can be invaluable both as a way of focusing on what was just said (by you or the other party) and as a way of avoiding throwaway words that
only distract from the force of your presentation. While some snacks directly reminded me of communication strategies that I could use every day, I found many of the other snacks interesting even though I did not immediately see their relevance to my professional life. For example, the authors pose the following question in Snack No. 18: “In a presentation, conversation, or meeting, who is responsible for making sure the key message is understood and the proper conclusion reached?” It seemed obvious to me that the presenter is responsible for ensuring that the proper message and conclusion are delivered to all participants. However, the authors note that this is true because in the United States we have a “speaker-responsible” culture. In many cultures, those that the authors define as “listener-responsible,” the presenter is tasked with presenting all of the relevant facts, and the onus is on the listener to reach the proper conclusion from those facts. As I deal almost exclusively with others who live and work in our speaker-responsible culture, this particular snack did not seem to apply to my professional life. However, upon fully digesting it, I realized that the speaker/listener-responsible dichotomy is actually highly relevant to litigation. A trial is essentially a miniature version of what happens in a listener-responsible culture, where the attorney’s job is to present the relevant information so that the judge or jury reaches the conclusion he or she wants. A well-planned strategy on how to convey your side’s message to the trier of fact is an essential part of trial preparation. Snack No. 18 is just one example of the main reason why Communication Snacks could be useful to any attorney: It reminds the reader to focus intently on tailoring the method of our various professional communications to the end goal of those communications. Most importantly, communication, like any other craft, takes conscious effort and practice to improve. D
Eric Jaworski is an attorney at Heizer Paul LLP, where he leads the firm’s Real Estate Practice Team and participates in the Litigation Practice Team. He can be reached at ejaworski@hpfirm.com.
June/July 2017 I The Docket I 21
COLORADO JURY INSTRUCTIONS FOR CIVIL TRIALS, 2017 EDITION AUTHORS
Colorado Supreme Court Committee on Civil Jury Instructions
Colorado Jury Instructions for Civil Trials contains the complete text of the Instructions as adopted by the Colorado Supreme Court Committee on Civil Jury Instructions, as well as the “Notes on Use” and the “Source and Authority” annotations by the Committee. In the 2017 Edition: In addition to updating instructions and authorities throughout the book, notable changes in this 2017 edition include the following: A Table of Cases, Table of Statutes, and Subject Index Chapter 41, “Children’s Code — Dependency and Neglect,” Instruction 41:10 was deleted because of a Colorado Supreme Court case holding that C.R.S. 19-3-102(1)(c) does not require proof of parental fault to establish that a child is dependent and neglected when he or she is in an injurious environment n Chapter 25, “Bad Faith Breach of Insurance Contract,” a new Instruction 25:5 on insurer’s unreasonable denial or delay has been added n n
TABLE OF CONTENTS Chapter 1 General Instructions Prior to or During Trial and Upon Discharge of Jury Chapter 2 Statement of the Case to be Determined Chapter 3 Evidence Chapter 4 Jury Deliberations; Verdict Forms Chapter 5 General Instructions Relating to Damages Chapter 6 Damages for Injuries to Persons or Property Chapter 7 Legal Relationships Chapter 8 Liability Based on Respondeat Superior Chapter 9 Negligence – General Concepts Chapter 10 Wrongful Death Chapter 11 Motor Vehicles and Highway Traffic Chapter 12 Premises Liability Chapter 13 Animals Chapter 14 Product Liability Chapter 15 Professional Liability Chapter 16 Bailors and Bailees Chapter 17 Malicious Prosecution and Abuse of Process Chapter 18 Trespass to Land Chapter 19 Deceit Based on Fraud Chapter 20 Assault and Battery
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Chapter 21 False Imprisonment or Arrest Chapter 22 Defamation (Libel and Slander) Chapter 23 Extreme and Outrageous Conduct – Emotional Distress Chapter 24 Intentional Interference with Contractual Obligations Chapter 25 Bad Faith Breach of Insurance Contract Chapter 26 Breach of Fiduciary Duty Chapter 27 Civil Conspiracy Chapter 28 Invasion of Privacy Chapter 29 Colorado Consumer Protection Act Chapter 30 Contracts Chapter 31 Wrongful Discharge Chapter 32 [Reserved for Future Use] Chapter 33 [Reserved for Future Use] Chapter 34 Wills Chapter 35 Mental Health – Proceedings for Long-Term or Short-Term Care and Treatment of the Mentally Ill Under C.R.S. Title 27, Article 10 Chapter 36 Eminent Domain Chapters 37 - 39 [Reserved for Future Use] Chapter 40 Children's Code – Juvenile Delinquency Chapter 41 Children's Code – Dependency and Neglect
COLORADO JURY INSTRUCTIONS FOR CIVIL TRIALS
2017 EDITION
CONTINUING LEGAL EDUCATION IN COLOR ADO, INC.
Item Number: ZCJICT17B CBA Member Price: $109 Non-Member Price: $129
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DBA Member Highlight
10 QUESTIONS: MICHAEL STAFFORD 1 . W h y d i d yo u become a lawyer? I tell people it’s because I can’t sing and dance well enough to make a living at it (ha-ha). Realistically, my Aunt Dorothy was a paralegal before there were such folks as paralegals, and she was a great source of inspiration for me. My sense of justice stems from a very early age.
2. What’s the best advice you’ve ever been given? My father always told me, “Find something that you’re good at and stick with it!” Hopefully, that’s what I’ve accomplished. 3. What have been some of the most rewarding aspects of your work as an Assistant City Attorney for the City and County of Denver? I started out with the Denver City Attorney’s Office working on dependency and neglect cases, so I was dealing with children in dire need of a positive change of direction in their respective lives. Then I worked in child support enforcement and later transferred over to the Mental Health Unit. It’s rewarding to know that I have bettered people’s lives in one manner or another. That’s what makes my internal motor rev. 4. How do you de-stress? Don’t tell my orthopedic surgeons, but I still lift weights at least four days per week. 5. How did you get involved in helping those with eating disorders? If you had asked me that question seven or eight years ago, that is something that would have drawn a blank stare from me. I had no background in the treatment of eating disorders. Neither did any other attorney in Colorado. The Eating Recovery Center, possibly the preeminent eating disorder treatment facility in the world, opened in Denver. At first, they could only treat patients voluntarily. So, they contacted me and asked me about the “designation” process wherein a treatment facility becomes “designated” by the Colorado Department of Human Services to treat people involuntarily in accordance with C.R.S. Title 27, Article 65. I put the staff at the Eating Recovery Center in touch with staff at the Colorado Department of Human Services, and we “got the ball rolling.”
6. What were some of the challenges involved in being the first attorney in the Colorado to obtain a court order for the involuntary treatment of a patient diagnosed with an eating disorder? The first Title 27, Article 65 certification case in Colorado was out of Denver Probate Court — right after the Eating Recovery Center was “designated” by the Colorado Department of Human Services for the involuntary treatment of people. I found language in the rules/regulations that seemed to allow for insertion of the feeding tube, and the Denver Probate Court judge agreed with my analysis, as did the Colorado Court of Appeals. A few years later, a request for a jury trial was made by a respondent with an eating disorder, and the staff at the Eating Recovery Center told me that they checked nationally with the eating disorder treatment community and that no other jurisdiction had ever been involved in a jury trial. So, there was a fair amount of pressure to win that case. People with eating disorders have the highest mortality rate of any mental illness. Literally, every trial involving an eating disorder is a matter of life and death. 7. What is your biggest pet peeve? The politics that cause the mental health treatment system to have to operate in an under-resourced manner. It takes time and resources to help these people. 8. If you could change anything about Denver, what would it be? Traffic (ha-ha). 9. If you could be a superhero, who would you be and why? A former paralegal of mine gave me a tie with the “Superman” symbol on it. (I don’t have it anymore.) Realistically, I am a firm believer in the quote attributed to Edmund Burke: “All that is necessary for the triumph of evil is for good men to do nothing.” I don’t think that you need to be a superhero to make a difference. 10. If you weren’t a lawyer, you’d be: A college strength and conditioning coach. I was “bitten” by the weightlifting bug 40+ years ago and just never got over it — even after multiple orthopedic surgeries. D
EDITOR’S NOTE: Do you know a DBA member who should be featured? Email nominations to Jessica Volz at jvolz@cobar.org.
June/July 2017 I The Docket I 23
COLAP Wellness Corner
YOU REALLY AREN’T ALONE: AN ANONYMOUS TESTIMONIAL spent four days sober in the hospital for an unrelated condition without the DTs — positive proof that I wasn’t an alcoholic, right? I’d leave a shooter on the nightstand untouched. I drank as much as I wanted because I persuaded myself that I could quit. But deep inside I knew that I had a big problem. The increasingly double life that I led to hide my drinking was killing me. The exact label didn’t and doesn’t matter. Drinking adversely affected my life, both at work and at play. There is no such thing as a “functioning alcoholic.” Do you suspect a problem? While I denied having a “problem,” in my small town, most everyone else knew I had one. I smelled of alcohol at the grocery store. I wobbled at Rotary picnics. I mumbled and repeated myself at parties. I slurred my speech at the community supper. I kicked a beer bottle in a movie theater during a quiet part. I looked disheveled. My wife (at the time) even scheduled a neurological exam suspecting organic brain disease. So, despite my self-deception, my alcohol abuse was an open secret.
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f wellness and professionalism go hand-in hand, then illness must be its antithesis. As an outwardly successful professional who struggled with alcohol abuse and the fear, shame, isolation, and loneliness that it engendered, I tell my story. If you get nothing else from this article, know that if you have an alcohol or substance abuse, or any compulsive or self-destructive concern, you’re not the only attorney in such a situation. The bad news is that it will continue to get worse. The good news is that you can get confidential help in a non-judgmental environment, maintain your practice, and obtain a solution without admitting anything to your employer or a regulatory agency. I’m no fingerpointer; I am just a person who was able to find his way out of “life’s falling apart faster than I can lower my standards.” You can too. I write this article from the perspective of alcohol abuse, but it applies to any substance use disorder. DO I HAVE AN ALCOHOL PROBLEM? I really knew it all along. In my job as an attorney, I had to maintain a security clearance. I’d draw meaningless distinctions between “alcoholic” and “one who occasionally drinks too much.” I would search the Internet to ensure that I was only the latter and to confirm that my clearance was not in jeopardy. I 24 I The Docket I June/July 2017
WHAT ABOUT MY LICENSE? “What about my license to practice law?” is a familiar and understandable concern among all attorneys facing a lonely substance abuse problem. “What if Attorney Regulation finds out I drink too much?” I worried about this too. But this question is off the mark. The right question to ask is, “What can I do to address my substance abuse?” My substance abuse — not the Colorado Supreme Court — presented the risk. Whatever you’ve done, whatever steaming pile you’ve stepped in, it will only get worse if you delay fixing it. That’s as close to a certainty as there is. I worried that if Attorney Regulation were to find out about my problem, I would be left to exclaim, “There goes my livelihood, my profession and my passion!” I wondered how I would be able to practice law in a small town when everybody knew I had a substance abuse problem. Should I change my name? Should I move to Florida for a fresh start? I ignored the problem until it got so bad that the law stepped in. Attorney Regulation and my employer were necessarily involved. When I could no longer ignore the problem because my professional identity was crumbling, I dealt with what I know to be the real issue: my alcohol abuse. I should not have waited, and neither should you. Seek professional help. Getting help shows you are taking responsibility for your actions. Find someone you trust. Be completely honest with her or him. Address the problem before it inevitably gets worse. My second biggest fear was that people in my small rural community would find out that I had admitted that I had a problem — as though this were worse than my hiding it. “What if they hear my admission?” is the second biggest wrong question. As I later realized, they already knew, and for them the disconnect was my failure to do something about it. I failed in grand style.
I was arrested twice on the same day for DUI, with my name appearing the following week twice in the local police blotter. One resident said it best: “That’s our Sam.” I had waited too long. Living in a rural community is no bar to action. In the unlikely event you have anonymity to protect, you can remain anonymous in the quest for peace. You can contact a local practitioner who is covered by confidentiality. Call someone local for an out-of-town referral if you don’t want to be seen at a professional office. A local professional will understand. My point is: Do something. There’s a solution for everyone who wants one. In my town, alcohol abuse affects professionals just as it does all people. Those who seek help are rewarded, not shunned. You will be treated no differently. Whatever has happened, stop the clock now. Seek help. Get well. Fix what you can. Retain an attorney who knows how to work with Regulation Counsel and who will want you to succeed. An honest, confidential self-evaluation with professional help is the best first step — regardless of where you live. THE DAY AFTER After I was arrested, the sun rose the next day in my town. At least I think it did. I was over an hour away in jail. Once I admitted being an alcoholic to myself, my internal dissonance over drinking evaporated. There was no keeping that secret from myself anymore, and I immediately felt better for it. When I returned home (on bail), life wasn’t so bad. People didn’t shun me. I thought I had a scarlet “A” on my chest, but other people did not seem to notice it. During the period when my driver’s license was suspended, my friends gave me rides. These people were supportive and non-judgmental; they went out of their way to be helpful and caring. The Colorado Supreme Court gave me a chance to keep my license and prove that I was committed to being sober. I still am, two years later. As an attorney in a small town in my 31st year of practice, I was heavily involved in local affairs. I volunteered for all sorts of activities, and my ability to be an active member of the community remained unchanged. There was no whispering campaign. If anything, it was quite the opposite, as people had a fuller understanding of my character and who I was. People are forgiving. As a decent human being who demonstrated a commitment to positive change, I am accepted in my community. People ask me for legal advice. They admire my willingness to be honest about my weaknesses and my work to overcome them. My town is not out of line or unusual in this regard.
SMALL TOWN VS. LARGE TOWN Intuition might suggest that you’d find it easier to sober up in a large town and maintain a practice. Allow me to disagree. For me, the path to staying sober has been maintaining a congruent life, where who I am inwardly and outwardly are the same. That comes in part from not having to keep secrets. People here know I don’t drink, and I don’t have to put up with the common “oh, just have one.” I don’t have the temptation to go to a liquor store where no one will recognize me. Such a store doesn’t exist here. I don’t have the fear of disclosure or the idea of leading a double life. I’m not concerned that people will see my car parked at an AA meeting. I hit my low in a small town. That meant there was nowhere else to go but up. I have no doubt that there are potential clients who won’t use me because intoxication was once my lifestyle. Many more will retain me because I am a competent, hardworking, and fully functional advisor and advocate. We don’t rub my past in each other’s faces. We all have rough patches. What separates the sheep from the goats is how we deal with them. People instinctively respect that. In a small town, there are few surprises. I think that benefits me in my practice. CONCLUSION Confronting substance abuse as a professional can be challenging and potentially humiliating. In my view, trying to keep it a secret only compounds the struggle and exacerbates the problem. After I sobered up, I found that my rural pre-existing support system, the lack of need to maintain secrecy any longer, and the generally understanding nature of the people in my town all contributed to a successful recovery and a satisfying professional life. I had no idea that living a sober life could be so rewarding! It is beyond the scope of this article to outline tools for selfdiagnosis. If you are experiencing a medical emergency, call 9-1-1 immediately. If you have a less pressing concern, please reach out to one or more of the following resources: Colorado Lawyer Assistance Program (COLAP), coloradolap.org; Colorado Lawyers Helping Lawyers (CLHL), clhl.org; the National Institute on Drug Abuse, drugabuse.gov; and the Substance Abuse and Mental Health Services Administration, samhsa.gov. Be careful about completing online questionnaires, as there may be no guarantee of confidentiality. D Barbara Ezyk, executive director of the Colorado Lawyer Assistance Program (COLAP), is the coordinating editor of this new series of wellness articles. If you would like to suggest a topic or contribute a wellness article, contact Ezyk at bezyk@coloradolap.org.
June/July 2017 I The Docket I 25
Volunteer Corner
METRO VOLUNTEER LAWYERS’ POWER OF ATTORNEY CLINIC By Paul Miller
M
etro Volunteer Lawyers’ Power of Attorney Clinic is the brainchild of Joey Scott, who founded this awardwinning program in 2015 during his tenure as an MVL Rovira Scholar. The Rovira Scholarship is given to a recent law school graduate committed to MVL’s mission “to bridge the gap to access to justice by coordinating the provision of pro bono legal services by volunteer lawyers within the Denver metro area to people who could not otherwise afford legal services for their civil legal issues.” Scott’s objective as a Rovira Scholar was to implement a program through MVL that addresses a gap in legal services for indigent clients. As a result of his hard work, foresight and dedication, MVL’s Power of Attorney Clinic received the 2016 DBA Outstanding Program of the Year Award. The Power of Attorney Clinic assists low-income seniors by helping them complete advance planning documents for free. This, in turn, relieves qualifying individuals of the cost, worry and burden that can arise without these incapacity documents. As a result, families of low-income seniors are able to live worry-free in case their loved one can no longer understand or communicate. The genius of MVL’s Power of Attorney Clinic lies in its simplicity. MVL typically coordinates the clinics with senior centers and has them promote two dates. The first session educates attendees on powers of attorney and living wills. The presentation is usually given by elder law attorney John Hershey. Hershey delivers his presentation in an approachable and straightforward manner. He explains to his audience the necessity of having advance planning documents, as well as the clinic’s overarching procedures. Hershey next fields questions from the group in the same down-to-earth manner that he used during his presentation. The last item on the agenda for the day is the scheduling of appointments for the second workshop.
the attorney’s role is significantly reduced. After the client and attorney have finished drafting the documents, they are signed, witnessed and notarized. The client leaves the clinic with his or her financial and medical powers of attorney, a living will, and a CBA “So Now You’re an Agent” brochure to give to the agent. MVL Power of Attorney Clinics are scheduled each month at various senior centers that need this sort of help. The Power of Attorney Clinics needs your help too! The clinic requires approximately 20 volunteer attorneys. There are currently 10 attorneys who consistently volunteer. This is a great opportunity to lend a helping hand to your community while networking with other attorneys and clocking pro bono hours. For more information and to volunteer, contact MVL Director Toni-Anne Dasent at tdasent@denbar.org. D Paul Miller is a sole practitioner whose firm specializes in estate planning, nonprofits and small business law. He can be reached at paul@pmillerlawoffice.com.
Offering free and low-cost legal services for civil matters to those in need in the Denver area since 1966.
“The genius of MVL’s Power of Attorney Clinic lies in its simplicity.”
The following week, a second workshop is given at the same location. To maintain confidentiality, each participant is assigned his or her own attorney. Upon arrival, each attendee completes a brief intake, and both attorney and client sign a Limited Client Agreement. The client, with the help and assistance of an MVL volunteer attorney, fills out and completes a financial power of attorney, a medical power of attorney, and a living will. Because clients have been previously educated on these documents, 26 I The Docket I June/July 2017
METRO VOLUNTEER LAWYERS 50th Anniversary is the perfect time for achieving your 50-hour pro bono goal! Visit our website for more information.
DENBAR.ORG/MVL
RISK MANAGEMENT AND INSURANCE TO PROTECT YOUR FIRM
By John Davidson As attorneys, you understand liability, but how well do you understand the types of insurance that mitigate common liabilities? Understanding the basics of risk management and insurance is critical for you to manage your firm effectively. According to a July 2016 report in the Insurance Journal, the frequency and severity of malpractice claims have risen over the past two years, as have the number of losses reported under cyber and management liability insurance policies. Given the heightened confidentiality requirements in the legal field, law firms face an increased level of risk and should review their risk management and insurance programs annually. As a starting point, this article outlines some of the common types of commercial property and casualty insurance policies that law firms should consider and review with their broker or risk management advisor.
PROFESSIONAL Professional liability, or malpractice insurance, is arguably the most important risk management and insurance discipline for a law firm, as it provides protection for “wrongful acts” in the provision of a legal services. Typically, this type of policy is written on a “claims-made” basis, meaning that the policy will only cover claims made during a specific period (after the established retroactive date and before the extended reporting period). Claim avoidance and mitigation practices are at the core of an effective and efficient professional risk management strategy. Every firm should review the terms and conditions of their policy to determine whether defense costs are subject to the limits available within the policy. If you are a young lawyer, or a lawyer transferring firms, be sure to pay particular attention to how far back your policy covers your prior work. If you June/July 2017 I The Docket I 27
have a gap or lose your initial retroactive date, most insurance carriers will not extend coverage. Other items that should be evaluated include policy retentions or deductibles, retroactive dates, knowledge dates, and additional premiums for extended reporting periods. This policy should also be customized with appropriate forms and endorsements to align with your business plan or anticipated events, such as new attorneys, retiring attorneys, mergers and acquisitions. WORKERS’ COMPENSATION Workers’ compensation provides coverage for injuries within the course and scope of employment and is often required by state law. Given the office environment, the risks are perceived to be relatively low; however, a busy attorney, paralegal or staff member faces many risks, such as those incurred while traveling to and from client meetings. It is important not to underestimate the value of these insurance benefits, including indemnity and medical coverage. Your advisor should provide guidance on how to reduce the cost of workers’ compensation insurance with state-specific cost containment programs. COMMERCIAL PACKAGE OR BUSINESS OWNER POLICIES Commercial package policies typically provide coverage for property, loss of income and general liability. This policy will typically enable you to comply with basic lease terms and conditions, such as naming the property owner as an additional insured and other “insurance requirements.” Other coverages can be added to the package policy. For example, “hired and nonowned” automobile liability and physical damage coverage can be added so that the firm has primary or contingent insurance for rented or non-owned vehicles. You should always consider purchasing an umbrella excess policy, which often provides excess employers, automobile and general liability limits to protect your firm in the event of a catastrophic incident. MANAGEMENT LIABILITY Management liability is probably the second largest exposure for a law firm after professional liability. This category of insurance often includes Directors and Officers (D&O), Employment Practices Liability (EPLI), Crime, Kidnap and Ransom, and Fiduciary insurance — all of which can be critical if you have employees, offer retirement benefits or have multiple partners. If you are a Limited Liability Partnership (LLP), pay special attention to your D&O policy, as there can be key exclusions for junior partners. Coverage forms vary widely; however, a knowledgeable risk management professional can explain the differences in the forms and the relative value of these differences. CYBER LIABILITY Law firms are a target for hackers looking to find a trove of data about your clients, specifically personally identifiable information (PII) and other potentially sensitive information. Most professionals are focused on data breach coverage, but firms should also evaluate their potential reputational harm, fines and penalties, and extortion liability. There are many names for cyber insurance products. Your risk advisor should be able to review 28 I The Docket I June/July 2017
the potentially critical first- and third-party coverages, such as network security liability, media liability, regulatory defense, crisis management, funds transfer, and extortion and business interruption coverage. Be sure to review your vendor contracts and internal risk control policies about handing client information. Cyber liability, commercial package and crime policies may needlessly duplicate coverage. As an example, computer fraud and funds transfer fraud may be covered on all three policies, thereby resulting in an inefficient program design. DISABILITY, KEY PERSON AND LIFE INSURANCE While often considered more as an individual or group benefit, law firms should also look at their potential risks associated with the disability or death of a key member of the firm. The temporary or permanent loss of a partner or associate will likely have a significant impact on the firm. These risks can be mitigated for the individual and the firm with disability and life insurance. D
John Davidson is a leading voice in the risk management and insurance community of Colorado, as well as a regular advisor with a focus on professional firms in the Denver metro area. Currently the vice president of sales and operations at TriMountain Corporation, his area of focus includes working with medical doctors and legal professionals. He can be reached at john@trimountaincorp.com.
Financial Assistance for Colorado Lawyers
WATERMAN FUND Provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimun of ten years.” denbar.org/members/waterman-fund Waterman Fund 1900 Grant St., Ste. 900 Denver, CO 80203 PHONE 303-824-5319 I FAX 303-861-5274
Colorado Bar Association CLE Annual Conferences
Where Education Meets Destination For details on our Annual Conferences, go to: www.cba-cle.org Click on Seminars and then Annual Conferences
35th Annual Real Estate Symposium
July 13-15, 2017 — Vail Marriott Resort & Spa — www.realestatesymposium.org
2017 Annual Family Law Institute
August 17-19, 2017 — Vail Marriott Resort & Spa — www.familylawinstitute.org
Annual Elder Law Retreat
August 24-26, 2017 — Beaver Run Resort, Breckenridge — www.elderlawretreat.com
2017 Employment Law Conference
October 5-7, 2017 — Vail Marriott Resort & Spa — www.employmentlawconference.org
2017 Colorado Business Law Institute
September 13-14, 2017 — Grand Hyatt Denver — www.coloradobusinesslawinstitute.org
11th Annual Colorado Statewide ADR Conference
November 17, 2017 — The Renaissance Denver — www.adrconference.org
Colorado Bar Association
Colorado Bar Association CLE
1900 Grant St, Ste 300 — Denver, CO 80203 Phone: 303.860.0609 — 888.860.2531
www.cba-cle.org
REGISTER ONLINE OR CALL TODAY! June/July 2017 I The Docket I 29
LEGAL AFFAIRS GOOD THINGS David A. Weinstein was recently reappointed as a mediator on the International Trademark Association’s Panel of Trademark Mediators. Kelley B. Duke has become an American Arbitration Association panel member. She is a trial attorney and leads Ireland Stapleton’s litigation practice group. Arnulfo D. Hernández of Hernández & AssoDUKE ciates, P.C. was appointed by Governor John Hickenlooper to the Governor’s Board of Ethics (2017–18 term). Ireland Stapleton’s Managing Director Erica L. Tarpey has been named to the Rocky Mountain TARPEY MS Center’s Board of Directors. Tarpey is a business attorney with experience in corporate governance, business formation, SEC compliance and corporate finance. Holland & Hart’s Marcy Glenn was selected as a fellow of the American Academy of Appellate GLENN Lawyers. Rich Krohn was honored to receive the 2016 Richard N. Doyle CLE Award of Excellence from the Colorado Bar Association for his dedication and extraordinary contributions to Colorado Bar Association CLE programs and publications. The 17th JD Access to Justice Committee recognized dedicated Sean May Memorial runner the Honorable Randy Davis, who has participated in every race for the past nine years. DAVIS Moye White LLP announced that partner Carrie Rodgers received the 2017 Attorney of the Year award from the American Subcontractors Association of Colorado. Rodgers is chair of Moye White’s Construction Group. Holland & Hart is proud to announce that the RODGERS University of Colorado Law School named Partner Michael Carrigan the 2017 Honorary Order of the Coif at this year’s Colorado Law Commencement Ceremony. CHANGES Miko A. Brown has joined the trial department of Davis Graham & Stubbs LLP as a partner. Brown focuses her litigation practice on defending large companies in personal injury and commercial cases. Husch Blackwell is pleased to announce that Joseph E. Lubinski has joined the firm as a partner in its real estate, development and construction LUBINSKI industry group.
Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Maggie Stewart has joined the firm. Higgins, Hopkins, McLain & Roswell, LLC’s practice will continue to focus on construction law and general civil litigation. STEWART Nixon Shefrin Hensen Ogburn, PC is pleased to welcome Christine Craigmile and Catherine O’Brien Crum as shareholders. Craigmile’s and O’Brien Crum’s practices will continue to focus on medical/hospital malpractice defense, health REEVES law, correctional health care defense and nursing home/longterm care liability defense. The Harris Law Firm welcomes Amanda Reeves and Dianne Van Voorhees as associates and Peter Goldstein as special counsel. Van Voorhees’s practice will focus on family law cases. She is also VAN VOORHEES an advocate for those in the Native American community who have domestic relations matters. Otis, Bedingfield & Peters, LLC is proud to announce the promotion of attorney Timothy R. Odil to GOLDSTEIN equity member. Odil is a member of the firm’s litigation team. His practice focuses on ODIL disputes among private parties, as well as disputes with local, state or federal government agencies. Holland & Hart is pleased to announce that Eric Waeckerlin has joined the firm’s environment, energy and natural resources practice. Mary Ewing Law Offices, PC recently WAECKERLIN announced the addition of Craig Fleishman as of counsel. Fleishman’s practice will continue to focus on divorce, pre/post-nuptial agreements, personal injury, commercial and construction litigation, professional malpractice claims, ethics and FLEISHMAN expert witness engagement. Katz, Look & Onorato, PC is pleased to announce the promotion of Klaralee R. Charlton and Krista K. Look to shareholder. Charlton will continue her practice of fiduciary tax, estate administration and business transactional law. Look will continue to specialize in estate planning and elder law. Foster Graham Milstein & Calisher is pleased BECK to announce that two new attorneys have joined the firm: Keirstin Beck (real estate and land use) as special counsel and Steven Wienczkowski (litigation) as senior counsel. Rollin Braswell Fisher LLC is WIENCZKOWSKI pleased to announce that Marsha Piccone recently joined the firm. Piccone is a trial and appellate lawyer and former Colorado Court PICCONE of Appeals judge. She will continue her commer-
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. Announcements will be placed on a first-come, first-served basis. 30 I The Docket I June/July 2017
DAVIDSON
cial litigation practice at the firm and expand its services to include appellate law and alternative dispute resolution. Fairfield and Woods, PC announced the addition of Mark A. Davidson as a director in the firm’s litigation department.
BRICK AND MORTAR Catherine Bazile is pleased to announce the opening of her new law firm, Summit Energy Law LLC. Her practice encompasses oil and gas transactions, title examination, and due diligence. NEW FACES Childs McCune attorney Margrit Parker and husband welcomed Logan Parker to their family on September 18, 2016. LOGAN
IN MEMORIAM Sherman & Howard LLC is sad to announce the passing of attorney Andrew Wayne Volin, who died on March 14. He devoted more than 27 years to all aspects of labor and employment law. He was also known to law students at the University of Denver Sturm College of Law and the University of Colorado School of Law, both as an adjunct professor and guest lecturer. During his career, he served as co-chair of the CBA Labor and Employment Section and
as a member of the Legal Advisory Board of the Colorado Civil Justice League. Donations in celebration of his life can be made in his name to Law School Yes We Can and the Mental Health Center of Denver. It is with profound sadness that the bar associations announce the passing of former receptionist Nona Powell on April 18. Powell was born in Pittsburgh, PA on July 5, 1954. She graduated from Wheat Ridge High School in 1972 and earned her bachPOWELL elor’s degree in history from Metro State College in 2006. While raising her children, she assisted professionally in the family business for many years and later went on to work in guest relations. Powell’s caring, compassionate and loving nature was evident to everyone who knew her. She loved her family, nature and music dearly. She was an accomplished flutist who played for the Metropolitan Symphony Orchestra, as well as for chamber ensembles around the city. Powell’s family asks that those wishing to contribute something in her memory donate to The Denver Brass, which celebrates music and the Denver community. Richard Mauro passed away in Nevada on May 22 at the age of 71. The bar associations express their deepest condolences to his family and friends.
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POSTCARD PERFECT: SNAPSHOTS FROM THE 2017 BARRISTERS BENEFIT BALL Approximately 420 guests braved the wintry weather to attend the 29th Annual Barristers Benefit Ball at EXDO Event Center on April 29. An impressive number of attendees dressed with this year’s “Around the World” theme in mind. The DBA thanks 1
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everyone who packed their (evening) bags for a great escape in support of Metro Volunteer Lawyers. The event raised an estimated $50,000 to support MVL’s commitment to providing free and low-cost legal services for civil matters to those in need. 1. MVL Director Toni-Anne Dasent greets attendees. 2. DBA Past President Janet Drake and her husband, Todd. 3. Emma Garrison and her husband, Jake Wegrzyn. 4. BBB Committee Co-Chair Kenzo Kawanabe (far right) and his family. 5. John Albertsen, Jason St. Julien, CBA President Patricia Jarzobski, the Honorable Emily Anderson and CBA/DBA Executive Director Patrick Flaherty.
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6. DBA President Nancy Cohen and DBA President-Elect Franz Hardy show their support for MVL. 7. Jon Watson, incoming DBA President-Elect Mo Watson, BBB Committee Co-Chair Jennifer Jaskolka and Geoff Lodeman. 8. CBA Sections and Committees Director Melissa Nicoletti and her husband, Rick.
BAR RESOURCES THE DBA PEER PROFESSIONALISM ASSISTANCE COMMITTEE The following lawyers are willing to take calls on a confidential basis and offer guidance, tips and strategies for dealing with opposing counsel: March 1 – April 30 James O’Connor: 303-799-9001 Steve McBride: 303-740-7422 Nick Jonson: 303-278-3078 Fran Fontana: 303-468-2668 May 1 – June 30 Ralph Torre: 303-297-8427 Teresa Wilkins: 303-791-9545 Don Jacobson: 303-504-4242 Dave Furgason: 303-874-3430 COLAP The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule
254, COLAP provides assistance with practice management, work/ life integration, stress/anger management, anxiety, depression, substance abuse and any career challenge that interferes with the ability to be a productive member of the legal community. COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers, and educational programs (including ethics CLEs). For more information, or for confidential assistance, contact COLAP at 303-986-3345 or visit coloradolap.org. DBA PLACEMENT SERVICE As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with well-qualified applicants. Its 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, accountants, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net.
June/July 2017 I The Docket I 33
PICTURE THIS 2017 COLORADO SUPREME COURT PRO BONO RECOGNITION CEREMONY AND RECEPTION On April 13, the Colorado Supreme Court recognized those law firms, solo practitioners, in-house counsel and government groups that achieved their goal of providing 50 hours of pro bono legal services in a given year. Justice William Hood III and
CBA Outstanding Young Lawyer of the Year Clarissa M. Collier spoke on the importance of pro bono work in facilitating access to justice.
Top Left: Clarissa Collier. Top Right: Justice Hood. Lower Right: Attendees at the Colorado Supreme Court Pro Bono Recognition Ceremony and Reception.
Photos taken by Bryan Lopez.
MEMBER APPRECIATION RECEPTION On May 9, the CBA Litigation Section and the DBA Bench-Bar Committee hosted a reception for members of the Litigation Section, the Solo Small Firm Section and the DBA Bench-Bar Committee at the Broadway Club in Denver. Welcome remarks were made by CBA President Patricia Jarzobski and CBA/DBA
Executive Director Patrick Flaherty. The complimentary networking event attracted approximately 100 attendees and featured refreshments and door prizes in a location offering stunning views of the Front Range and Coors Field.
Left: Jeremy Schupbach, Patricia Jarzobski and Patrick Flaherty. Above: Networking in action.
34 I The Docket I June/July 2017
DBA HAPPENINGS DBA YLD HOSTS BARRISTERS AFTER HOURS AT RIO GRANDE On April 20, the DBA YLD hosted its monthly Barristers After Hours at Rio Grande. Attendees enjoyed complimentary drinks and appetizers while speaking with local attorneys Jean E. Smith Gonnell of Messner Reeves LLP and Kevin Cheney of Cheney Galluzzi Howard about the future of cannabis law in Colorado.
CTLA PRESENTS AWARDS AT 20TH ANNUAL SPRING DINNER The Colorado Trial Lawyers Association (CTLA) hosted its 20th Annual Spring Dinner on May 11 at the Denver Marriott City Center. CTLA honored Saul Sarney of The Law Firm of Saul R. Sarney, P.C. with the Lifetime Achievement Award. The association also recognized Jason Jordan of Jordan Law with the New Trial Lawyer of the Year Award; Carrie Frank of Klein | Frank, P.C. and W. Harold (Sonny) Flowers, Jr. of Hurth, Sisk & Blakemore LLP with
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the Outstanding Service to CTLA Award; the Honorable Morgan Carroll with the Access to Justice Award; and Keith Fuicelli of Fuicelli & Lee, PC with the Consumer Protection Award. CTLA presented the Case of the Year Award to Qusair Mohamedbhai, Siddhartha Rathod, Andrea Mohamedbhai and Arash Jahanian of Rathod | Mohamedbhai LLC for their work on EEOC v. Vail Run Resort Community Association, Inc.
1. CTLA President Michael Rosenberg (far right) thanks W. Harold (Sonny) Flowers, Jr. and Carrie Frank by presenting them with the Outstanding Service to CTLA Award. 2. New Trial Lawyer of the Year Award recipient Jason Jordan recognizes his family and colleagues for their support.
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3. CTLA President Michael Rosenberg (center) stands with Case of the Year Award winners Arash Jahanian, Siddhartha Rathod, Qusair Mohamedbhai and Andrea Mohamedbhai. 4. Kenneth Norman Kripke Lifetime Achievement Award honoree Saul Sarney discusses what it means to be a trial attorney.
June/July 2017 I The Docket I 35
LOOK WHO IS JOINING THE JAMS PANEL IN MAY LAWRENCE M. VOGEL ESQ.
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