2015 March

A Denver Bar Association Publication I 37 Issue 3 I March 2015

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TOP RESTAURANTS IN DENVER: WHAT’S YOUR FAVORITE? TEN WAYS TO LOSE A CASE TOP LEGAL QUOTES QUIZ

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

March 2015 I The Docket 3

INSIDE 6

From the President

8

Outside the Law: Do YOU have the coolest side gig?

16

Ten Tech Tips for Lawyers

17

Top Needless Words to Consider Omitting

18

Top Trivia: Barristers Benefit Ball

20

Ten Questions with Michelle B. Ferguson

21

From Lawyer to Legislator

22

The Myth of Pandora: An Attorney’s Journey to Find Hope

26

Law Student Chronicles: Likhona Means Hope

IN EVERY ISSUE 30

Briefs

30

Bar Resources

31

Dates on the Docket

32

Legal Affairs

33

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

THE DOCKET

A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated.

Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16.

Editor: Courtney Gibb, cgibb@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: advertising@cobar.org The Docket Committee: Norman Beecher, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Paul F. Kennebeck, Keith Lewis, Lauren Lockard, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Gregory D. Rawlings, Judith Rosenblum, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker, Rachel Young.

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

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

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

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

303-860-1115 • dbadocket.org Copyright 2015. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

DBAdocket.org 4 The Docket I March 2015

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.

Retired Judge Boyd N. Boland joins the staff of distinguished Arbiters at Judicial Arbiter Group, Inc.

Lee Anderson

Boyd Boland

Virginia Chavez

Steve Briggs

Bob Kapelke

Susan Macey

Sandy Brook

Boyd Boland, a former United States Magistrate Judge for the District of Colorado, was on the bench from 2000-2015 and was the lead magistrate judge beginning in 2011. While on the bench, Judge Boland presided over numerous jury and civil court trials and conducted more than 1,500 settlement conferences. His docket regularly involved cases raising issues in intellectual property matters; securities litigation; employment discrimination; insurance coverage and bad faith claims; civil rights suits; consumer protection cases; various federal statutes including the Fair Labor Standards Act, Federal Employer’s Liability Act, and Federal Tort Claims Act; and torts of every nature including all forms of professional negligence.

Please contact Judicial Arbiter Group, Inc. scheduling at 303-572-1919 for mediation or arbitration availability. Complete biographical information for Judge Boland is available at www.jaginc.com.

March 2015 I The Docket 5

FROM THE PRESIDENT

The Man for All Reasons J ohn M. Vaught

T

he Denver Bar Association was founded in 1891. We have had many wonderfully qualified Executive Directors over the years—none more capable or endearing (or enduring) than our immediate past ED Chuck Turner. But in terms of pure qualifications for the job, none has approached our newest Executive Director, Patrick Flaherty.

Patrick grew up in an Irish-Catholic family in Maryland where his father was a rising star—literally an aeronautical engineer—who trained John Glenn for astronaut duty and was responsible for placing the Flaherty name on a plaque resting on the surface of Mars. A new job for his father at Lockeed-Martin brought the family, including 11-year-old Patrick and three siblings, to Colorado. Patrick never left. At Mullen High School, Patrick continued his early love for speech and debate—a skill honed by arguing with his parents. Confident in his skills, Patrick captained the Mullen debate team that went to national competition during his senior year. He also found himself deep into politics, and no one canvassed more neighborhoods than Patrick.

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leaders like Flaherty. Accustomed to working arduous hours as a lawyer, Patrick was not satisfied simply to work on a graduate degree. Mid-year at Regis, he began work at Metro Volunteers, a placement organization for volunteers. That work led to a life-changing opportunity to serve as the Executive Director at Project Angel Heart, an organization that feeds people with AIDS/HIV, and now other life-threatening illnesses—but at time when the disease was all but a death sentence. His passion had now taken him from the 30th floor of a major downtown high-rise and a very comfortable living, to the basement of a church in Capitol Hill.

As ED at Angel Heart, Patrick brought his business approach and financial discipline to a nonprofit organization.

As new drugs extended the lives of Project Angel Heart’s clients, their numbers grew. Now armed with a graduate degree in nonprofit management, Patrick kept pace by making sound fiscal decisions, drawing vendors to the board, securing a new facility, expanding to Colorado Springs and dramatically increasing corporate and private donations.

Success assured, Patrick was again presented with a unique opportunity. The Gill Foundation needed a star to direct its nonprofit efforts into the complicated world of strategic planning and to direct their walk along the fine line than runs between nonprofit agendas and national politics. Jumping into Gill’s policy-based agenda, Patrick used this opportunity to develop the capacity of state-based LGBT advocacy organizations across the

Patrick’s love for nonprofit causes was born and Patrick finally made the leap to pursue his passion for social causes, and eventually to challenge the establishment on personal and professional causes he found unjust.

Working at McDonald’s to help pay his way in high school and at DU for undergrad, Patrick continued his love for debate, ran for the Student Senate and pursued a pre-law curriculum.

Graduation in 1984 led to law school at DU while also working forty hours per week. He lived at home to save on expenses.

When he left his job as a waiter, Patrick began working periodically at the Rothgerber firm. Mentors such as Jim Lyons and Fred Baumann helped Patrick to develop great skills as a researcher and writer on significant litigation matters. Patrick worked nights and weekends in the practice, directed pro bono cases in his spare time, and became a partner at Rothgerber. At times, he was the firm’s highest biller.

As much as he loved the law, particularly research and writing, Patrick searched his soul for more. Patrick volunteered his precious spare time to a cause that helped promising high school sophomores find paths to college. Patrick’s love for nonprofit causes was born and Patrick finally made the leap to pursue his passion for social causes and eventually to challenge the establishment on personal and professional causes he found unjust.

With undergraduate and law degrees in his pocket, he enrolled at Regis University through a fellowship from the Colorado Trust, which sponsored the training of nonprofit

6 The Docket I March 2015

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country. Aware of Gill’s limitations as a nonprofit, Gill, under Patrick’s direction, spent aggressively to advance policies on gay rights, including anti-bullying statues, the freedom to marry, and discrimination protections throughout the country. The job spoke directly to Patrick’s love for back-office research and writing and for equal rights for the gay community.

With great pride, Patrick now sees the culmination of that work, as the U.S. Supreme Court is about to take up the significant issue of marriage equality during the 2015 term. Patrick expects that the general change in attitude at the state level will now result in sweeping changes in federal policies, as well.

But a case in Iowa is perhaps his greatest source of pride. With Gill Foundation funding, a lawsuit wound its way to the Iowa Supreme Court where brave justices—in the face of significant political pressure—unanimously found for marriage equality in that state in 2009. Many of those justices were later recalled.

Six weeks following that decision to legalize same-sex marriage in Iowa, Patrick and his partner, John Albertsen, flew to Iowa to be married.

Comfortable with his accomplishments at the Gill Foundation, Patrick began work with Gill and other foundations as a consultant. Then, just as Patrick had created a more relaxed

Patrick and John in a wine cellar in Mendoza. professional agenda, another extraordinary opportunity came to him while vacationing in Mendoza, the wine capital of Argentina. Aware of Patrick’s background and skills, the DBA/CBA’s gifted head-hunter, Carolyn McCormick, emailed Patrick urging him to call her immediately. From Argentina, Patrick learned that the job of a lifetime was available: Executive Director of the Colorado and Denver Bar Associations. Immediately, Patrick recognized that the opportunity could blend his two professional passions—his love of the law and his love for nonprofits.

Patrick believes that the law is a noble profession and that it is critical—in fact, the essence of—a civilized society. Not unlike Thomas More, Patrick is known for taking on the establishment and forging a more just world. The CBA and DBA can

only benefit from his immense qualifications and experience. He is, after all, the Man for All Reasons. Welcome aboard, Patrick. D John M. Vaught President, Denver Bar Association

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Craig Eley

OUTSIDE THE LAW Do YOU Have the Coolest Side Gig? We know you’re not “just a lawyer.” Members of the Denver legal community have an extraordinary wealth of skills, hobbies and talents outside of the law. For instance, are you also a stand-up comic, a writing whiz, an animal enthusiast, culinary virtuoso, or a casual rock star? Do you have the best stamp collection this side of the Mississippi? We want to hear about it—and so does everyone else! The Docket is starting a

by Court ne y G ib b To kick off our contest, we’d like to give you an example of a really cool side gig: bee keeping! Our very own Docket Committee member, administrative law judge and past DBA president Craig Eley is a “backyard bee keeper” and has bee hives in several locations around Denver.

This hobby began about five years ago, when Craig and his family went to the dollar

8 The Docket I March 2015

feature contest to find these talented, inimitable lawyers with the coolest side gigs!

You can submit an application for yourself or a friend—all you have to do is email Courtney at cgibb@cobar.org with a brief paragraph that includes: name and law practice, and outlines the hobby/side gig you think readers will want to know about. After May 1, we’ll choose our favorite side gigs, contact you, and feature these stories in The Docket throughout the rest of the year.

movies to see “The Secret Life of Bees.” The story hit home with his daughter, Laura, who was concerned about the bee shortage, and she asked Craig if they could start their own bee hive. So, Craig went online and ordered a box of bees and a queen bee.

He took a bee class and bought the uniforms and equipment.

“It ended up being the most expensive dollar movie ever,” Craig chuckles.

A few months later, the bees arrived and their first challenge was installing the hive. Just a few days later, however, Craig’s daughter found out that she’d gotten a job teaching in Honduras.

Luckily, Craig’s son was willing to help with the bees as well.

Now, Craig and his family have seven bee hives. One is on their property in Denver, while the rest are spread between their church and other friends who wanted them for pollination purposes. Craig still takes care of all of them, checking in about once every two weeks. At full strength, there are up to 60,000 bees in just one of those hives.

“I deal with lawyers all day, and then go home and relax by dealing with thousands of venomous insects,” Craig jokes. “But really, it’s a fun hobby and it’s good for the environment.”

In the late summer, they take whatever honey the bees won’t need to survive in the winter. Craig belongs to the High Land Bee Keeping Club, which owns extractors for the honey.

After straining it, Craig and his family bottle the honey. They typically end up with a couple hundred pounds of honey a year!

Since there’s a bee hive on their church grounds, Craig often sells some of the honey to benefit church projects, such as sending kids to school in Rwanda. He also sells some at craft fairs to offset the cost of raising the bees.

Craig believes that backyard bee keeping may be the answer to “disappearing bees,” or colony collapse disorder. It can help make up the number of bees lost each year. So, the more people who take bee keeping up as a hobby, the better it is for the future of the bees. It’s easy to get started—just sign up for one of the many courses offered around Denver. Before beginning on your bee-filled journey, Craig recommends reading “Beekeeping for Dummies.” He says it’s a good barometer to determine if you’d be a good bee keeper—you’ll either think “Sure, I can do that” or “No way!”

Surprisingly, bee keeping actually does have something in common with the law, according to Craig. “Just like the legal

Laura Eley profession, you’ll never be able to learn everything about bee keeping,” he says. “There’s always more to learn, and you ultimately learn through experience.” D Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket.

She can be reached at cgibb@cobar.org.

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March 2015 I The Docket 9

TOP RESTAURANTS IN DENVER: What’s Your Favorite?

“I live in Wash Park and last summer was walking to the park to enjoy the day. I passed what I thought to be only a neighborhood grocery store, but noticed there were people sitting outdoors enjoying their breakfasts. I returned the next day to discover that the best breakfast in Denver is at Fooducopia. It’s located at 1939 E. Kentucky Ave. (the corner of Kentucky and S. Race). Their food is wonderfully fresh with locally sourced ingredients. I love their homemade jams. They’re also open for early dinner.”

Justice Nancy Rice “I couldn’t possibly pick a single favorite restaurant (way too many great ones in Denver), but I’ll give a shout out to Little Anita’s. Being married to a woman from Albuquerque has made me partial to New MexMex food, and the fare at Little Anita’s is always superb, the atmosphere is homey, and the price is right. If you go, don’t miss the sopapillas. They are the real deal!”

Judge Richard Gabriel “Acorn is my pick for top restaurant in Denver. It is an eclectic contemporary space in the River North District. They specialize in small plates. The kale and apple salad and the lamb shawarma are two of my favorites. Additionally, the bartender is a true mixologist. Go for the unique drinks and stay for the food. Before Acorn opened, Potager was my top pick because it has a great, fresh farm to table menu and an excellent wine list.”

Janet Drake “My favorite restaurant is True Foods Kitchen in Cherry Creek. As a mindful eater, I appreciate that they have tons on vegetarian, vegan and gluten-free items that are all clearly labeled. I can order my vegan entrée without any fuss. The food is fresh, flavorful and filling. I have loved every single thing I’ve eaten there!”

Elisabeth Mankamyer “ChoLon Bistro is my favorite restaurant in Denver. ChoLon is an ancient Chinese suburb of Saigon, now Ho Chi Minh City. ChoLon has a rich culture history and played a significant role in the Vietnam War, including serving as the locale where the CIA assassinated

10 The Docket I March 2015

then-President Diem in 1963 as part of a governmental coup that changed the war. ChoLon Bistro brings together three culture cuisines that co-exist in Vietnam, even today—Chinese, Vietnamese and French. Lon, the owner and head chef, melds those cultural cuisines beautifully. While NOBU restaurant in Malibu, among other cities, gets credit for similar fabulous cuisine, none does it better than ChoLon Bistro on the Sixteenth Street Mall.”

John M. Vaught “Root Down is—hands down—my favorite restaurant in Denver for both dinner and brunch. For dinner, Root Down offers a variety of creative yet filling meals that always incorporate a root vegetable of some sort (hence their name). They also have a great happy hour during the week on food and drinks.

Their brunch menu caters to anyone looking for a sweet or savory option, plus you cannot beat the bottomless mimosas if you have nothing else to do the rest of the day!

In addition to the delicious food, Root Down is in the LoHi area and is walking distance from many other great Denver parks, restaurants, and sights. If the weather is nice, I recommend making a reservation for their patio, which overlooks the LoDo area, just across I-25.”

Becky Bye “Benny’s Restaurant & Tequila Bar is the best (301 E. 17th Ave, Denver CO 80203). Good Mexican food is cheap, simple, and not from a chain. A little attitude from the wait staff helps too. Try a #12 sirloin or ask for the Justice Sotomayor special (she ate there).

Patrick M. Flaherty “Most of the restaurants my wife and I go to regularly are a far cry from fine dining, like BBQ joints, and some of the funky places in Highlands, like Tocabe, a Native American cafe.

If you’re looking for something you wouldn’t encounter every day, great flavors, inexpensive, it’s worth a try. The slow-braised bison ribs ($13.95) are Flintstone-sized, and beyond delicious, finished with a wild berry sauce. But if we’re going ‘top restaurant,’ I’d have to say it’s Elway’s. We love it because it is a no-BS, straight-up American steak place.”

Doug McQuiston “Two little kids ago my answer would have been different, but we like Rise n’ Shine for biscuits. It keeps me in touch with my mid-Atlantic roots, and also allows for dine-in with the opportunity for a quick getaway if someone in our family loses control of their emotions. The importance of this latter consideration cannot be overstated. The restaurant is currently moving locations, but we will find it wherever it ends up!”

Matt Larson

15th Annual Denver Bar Association Community Action Network

Roll Out the Barrels Food and Funds Drive April 6–17 Help Metro CareRing Feed Hungry Families!

Metro CareRing is the largest hunger-relief organization in Denver directly serving families.

Follow these simple steps: 1. Sign up today at dbacan.com.

2. Promote Roll Out the Barrels to your staff and colleagues.

3. Donate between April 6-17 in the following ways: • Give online using the donate button on dbacan.com.

• Send cash or checks (please make checks payable to Metro CareRing) to Kate Schuster at the Denver Bar Association, 1900 Grant St., Ste. 900, Denver, CO 80203.

(Don’t forget to note your firm name on financial contributions) • Request a barrel and fill it with food.

Metro CareRing is significantly growing this year as it transitions into the Hunger Relief Center, a new 16,000-squarefoot facility that will allow expanded educational and self-sufficiency programming. By giving generously through Roll Out the Barrels, YOU can help Metro CareRing meet the Hunger Relief Center’s tremendous potential.

Top 10 Most Wanted Pantry Items: Hearty Soup (meat or vegetarian) • Canned Tuna • Canned Cooked Beans (pinto, black, refried) Peanut Butter • Canned Mixed Vegetables • Canned Fruit • Canned Tomatoes Whole Grain Pasta • Pasta Sauce • Whole Grain Brown Rice No glass or perishable items, please.

Metro CareRing will provide barrel drop-off and pickup.

Questions? Please email Kate Schuster at kschuster@cobar.org.

Litigation Section CBA Litigation Section is the 2015 sponsor of the statewide Roll Out the Barrels Food Drive.

MetroCareRing.org March 2015 I The Docket 11

TEN WAYS

TO LOSE A CASE

by Marshall Snider

12 The Docket I March 2015

You can hardly pick up a legal journal these days without seeing an article that provides advice on how to win your latest piece of litigation. That’s all well and good for those of you who win cases. But research shows that 50% of lawyers lose cases, and who is giving them advice on how to do that? Until now, no one. It is time to give the losers equal time, I say. I have served as an administrative law judge and arbitrator for more than 30 years, and in that time have seen lawyers use many reliable and creative ways to go down in flames. Here are my top ten.

1. Argue with the judge after he or she has made a ruling. Really beat that dead horse. The judge is almost certain to admire your stubbornness as he rules against you on this point and any future arguments.

2. While you are at it, argue your objections to opposing counsel, rather than the judge. Face opposing counsel directly and tell them in no uncertain terms why they are wrong. Giving the judge a break from listening to your analysis will be greatly appreciated. Although it is unlikely that opposing counsel will sustain your objection, give it a try. If that fails, you can make the argument directly to the judge, although doing so risks success.

3. Make every specious argument you can. Argue facts that have no support in the record and make ridiculous legal arguments. Then sit back and watch as your credibility takes a nosedive. This way, when you actually have a solid point to make, the judge will be so used to your nonsense that he or she will probably miss the fact that you actually had something worthwhile to say.

8. Berate and bully witnesses whenever possible. If a witness has difficulty recalling the minute details of events that occurred two years ago, it is especially helpful to your losing cause to accuse the witness of lying and to remind her of the penalties for perjury. Doing so is a clear signal to the judge that you really don’t have a case.

9. Intentionally mischaracterize the holdings of relevant case law or the substance of applicable statutes in any written filing or oral argument. With any luck, the judge will read the cited authorities and your argument will lose all credibility and persuasive affect.

10. Whenever possible, miss filing deadlines and make unconvincing arguments of why good cause exists to excuse your lax behavior. I once had counsel ask for relief from failing to file a motion on time because her cat died. She was a sure loser. D There are many other ways to lose a case, but these should get you on your way. Here’s wishing you bad luck.

BONUS TIP: In any written or oral submission, be as long-winded as

possible. Never say in five words what you can in 20. With any luck, the judge will get lost in your excess verbiage.

By Marshall Snider, a former Colorado administrative law judge who works as an arbitrator and mediator. He may be reached at msniderarb@comcast.net.

4. Don’t organize your exhibits or have sufficient copies for the court, opposing counsel or the witness. Take your sweet time between every question as you hunt down the document you wish to refer to. The judge will enjoy the opportunity to take short naps during these interludes.

5. Don’t be prepared on the facts and law, and by all means don’t anticipate the other party’s evidence or argument. Allow yourself to be surprised.

6. Be unwilling to stipulate to uncontested facts or reasonable procedural requests. Obfuscate and waste time as much as possible. The judge will be so frustrated by your obstreperous conduct that you have a good chance of throwing away any possibility of winning.

7. Personally attack opposing counsel at every opportunity and blame opposing counsel for everything that goes wrong in your presentation. Be sure to remind the judge that every argument the opposition makes is specious and wholly without merit, even if you can’t really explain why that is. By adopting this unprofessional conduct you can further damage your credibility and be well on your way to losing the case.

Dan Himelspach

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March 2015 I The Docket 13

Quiz

TOP LEGAL QUOTES QUIZ "You can't handle the truth!"

This well-known line from A Few Good Men has been referenced countless times in a wide variety of contexts. And it is just one of many quotations whose origins stumbled from the primordial soil of legal writing and entertainment—including movies, TV shows, literature and sometimes, judicial opinions—and found their way into our daily vernacular.

These deft turnings of a word and phrase can exist in our collective consciousness forever. We may forget where we put our keys, but we can always recall our favorite movie lines on a moment’s notice! In fact, at a recent Docket Committee meeting, members were spouting off their favorite law-related quotations left and right (it was one of our more productive sessions).

So, we decided to make these famous and/or infamous quotations into a quiz to test your knowledge. Match the quotations to the person (real or fictional). Then, share your results with us on the DBA Facebook or Twitter pages!

Directions: Match the answer on the right to the quote on the left.

1. ______ “Mr. Gambini, the next words out of your mouth better be “guilty” or “not guilty.” I don’t want to hear commentary, argument, or opinion. I don’t want to hear any facts or evidence.

If I hear anything other than “guilty” or “not guilty,” you’ll be in contempt.”

2. ______ “Do they teach lawyers to apologize? ’Cause you suck at it.”

3. ______ “Mister Hart, here is a dime. Take it, call your mother, and tell her there is serious doubt about you ever becoming a lawyer.”

4. ______ “This is a court of law, young man, not a court of justice.”

5. ______ “I worked so hard to get into law school. I blew off Greek week to study for the LSATs. I even hired a Coppola to direct my admissions video.”

a. Harper Lee, To Kill a Mockingbird b. Erin Brockovich c. Elle Woods, Legally Blonde d. Judge Oliver Wendell Holmes, Jr. e. Bryan Bedford, Miracle on 34th Street f. Alicia Florrick, The Good Wife g. Louis XIV h. Judge Chamberlain Haller, My Cousin Vinny i. Alan Shore, Boston Legal j. Professor Kingsfield, The Paper Chase k. Author John Grisham l. Law & Order

6. ______ “Attorneys always make the worst witnesses.”

7. ______ “If this court finds that Mr. Kringle is not who he says he is, that there is no Santa, I ask the court to judge which is worse: A lie that draws a smile or a truth that draws a tear.”

8. ______ “You have a job to do, and so do I. Yours is to sell socks and suspenders. Mine is to cross-examine people like you and crush them.”

9. ______ “Nobody wants to read about the honest lawyer down the street who does real estate loans and wills. If you want to sell books, you have to write about the interesting lawyers—the guys who steal all the money and take off. That’s the fun stuff.”

10. ______ “If you don’t know there’s a trampoline in the room, you’re not going to dust the ceiling for prints.”

11. ______ “It is legal because I wish it.”

12. ______ “Stand up—Your Father’s passing.”

Answers: 1. h , 2. b, 3.j , 4. d , 5. c , 6. f, 7. e, 8. i, 9. k, 10.l, 11. g, 12. a

14 The Docket I March 2015

2015 BarrIsters BenefIt Ball

FIRE ICE April 25, 2015 and

• Marriott City Center

Patron Table for 10 guests* $3,250 I Patron Ticket* $275 I Individual Ticket $165 Judicial Ticket $120 I Young Lawyer and Non-Lawyer Ticket $100 I Student Ticket $60 *Includes preferential seating and recognition in the dinner program.

If you are unable to attend, consider donating a seat to an MVL volunteer or a young lawyer who would otherwise not have the opportunity to attend.

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For information call Dana Collier Smith at 303-824-5318.

RSVP online at CObar.Org/bbb.

March 2015 I The Docket 15

TEN TECH TIPS FOR LAWYERS there are. Between forums where questions are asked and answered, individual websites of techies, and YouTube videos, I can almost guarantee you’ll get an answer to your questions.

3. USE GOOGLE MORE B y R eb a Nance

1. COME UP WITH A PLAN BEFORE YOU PURCHASE SOFTWARE Do your homework. Before you buy, sit down and conduct an honest assessment. What are you trying to do? What is your budget? The answers to these questions will drive what you need. Be aware of wants vs. needs.

2. GET TRAINING In my view, this is one of the most overlooked areas. No matter what you’re using, you’ll be more productive if you get training. I spoke with a lawyer once who said he needed new software because his current software couldn’t do what he needed. After a little investigation, it turned out his current software did do everything he wanted—he just didn’t know it! Get training when you install the software. Here are a few options: • The Microsoft website has free courses available online. Simply click on the application.

• Trainers: You can always sign up for a class either in person or on a website, but sometimes it may be better to just pay for an hour of someone’s time and learn what you need.

• Lynda.com: Their basic monthto-month plan is only $25 and it includes access to their entire library of video courses. Sign up for a preview account at no charge. You can search by category of software, name of the application, skill level, and even the instructor.

• Google: Try entering the name of the software in Google. You’ll be surprised how many options

16 The Docket I March 2015

Google is a simple, easy place to get answers for your technology questions. There are tons of websites that offer program reviews and legalspecific software information. For software errors, put the exact error message in quotation marks and enter it in Google.

4. DON’T GO TOO LONG WITHOUT UPDATING SOFTWARE AND HARDWARE We all want to save money, but there’s a point where it can turn into penny wise and pound foolish. If you’re using a piece of software and you love it, great. But companies don’t support software forever. If they stop supporting it, they stop fixing bugs, you can’t take advantage of enhancements, it might not work with your new computer that has an updated operating system, etc. You should periodically stop and evaluate what you have to see if it’s still serving you well.

5. BE CAREFUL ABOUT USING WI-FI WHEN YOU’RE AT STARBUCKS Protect yourself on public Wi-Fi. Many attorneys meet clients in cafes, and we all spend time in airports.

But be careful—most of these public Wi-Fi spots are unsecured. Check out this article: lifehacker.com/how-tostay-safe-on-public-wi-fi-networks.

6. ASK YOUR COLLEAGUES There’s nothing that compares to firstperson experience. If you’re in the market for time and billing software, check to see what your colleagues are using.

7. GET RID OF METADATA IN YOUR DOCUMENTS USING A METADATA SCRUBBER You may not know that in 2008 the CBA issued Formal Ethics Opinion 119—Disclosure, Review and Use of Metadata. It says you have to know

what metadata is, and how to get rid of it. The text of the opinion is on cobar.org. Consider purchasing a scrubber such as Metadata Assistant at thepaynegroup.com. They offer a free trial, and one license is only $98.

You can set it up to automatically pop up when you send an email with a document attached and ask if you want to scrub the document. It couldn’t be easier!

8. YOU CAN’T KNOW EVERYTHING, SO KNOW WHEN TO GET HELP—AND BE WILLING TO PAY FOR IT I talked with a member once whose computer crashed. She tried fixing it herself, only to find that in the process of reinstalling everything she had unknowingly erased almost all of her client files. It ended up costing her thousands of dollars and a trip to a forensic firm. In the end, she was only able to retrieve a very small percentage of her documents.

9. TAKE ADVANTAGE OF THE CBA’S RESOURCES ON TECHNOLOGY Check out the LPM Department’s website at cobar.org/lpm. There you will find: • Lists of software • Archived computer tips • Videos from previous 30-minute Tech Tuesdays webinars • Copies of the LPM Newsletter and how to sign up to receive the complimentary ABA Law Practice Today webzine • Lists of books in the free lending library—including many on technology

10. CUT YOURSELF SOME SLACK Technology is a moving target. You will never totally be on top of what’s out there. But it’s worth doing your homework, coming up with a plan and then sticking to it. The benefits will amaze you! D Reba Nance is the Director of Law Practice Management for the Colorado and Denver Bar Associations.

TOP NEEDLESS WORDS TO CONSIDER OMITTING B y R yan Jardine Lawyers are accused, falsely or fairly, of many stereotypes, including being argumentative, loquacious and workaholics. One stereotype we have unfortunately avoided thus far is that of simple communicators who are easy to understand.

Strunk & White encouraged developing this attribute of clear communication by “omit[ing] needless words. Vigorous writing is concise. A sentence should contain no unnecessary words, a paragraph no unnecessary sentences, for the same reason that a drawing should have

no unnecessary lines and a machine no unnecessary parts. This requires not that the writer make all his sentences short, or that he avoid all detail and treat his subjects only in outline, but that every word tell.”

In applying this advice to lawyers, Bryan A. Garner indicated “Just because you know what malum prohitibum means or what a habendum clause does is no reason to use such language at the dinner table. In legal writing as in all writing, the object is to communicate effectively. Yet we occasionally encounter writers who seek to demonstrate their own brilliance

Consider Omitting…

In Favor of:

adjacent to* ameliorate* by virtue of the fact that* call your attention to the fact that ^ cognizant* conflagration* contumacious* elucidate* erstwhile* forthwith* inimical* instant case* inter alia* in spite of the fact that^ in the vicinity of* multitudinous* owing to the fact that^ requisite* the fact that he had not succeeded^ wherewithal*

next to improve because; since remind you (notify you) aware fire contemptuous explain former; formerly; once; one-time immediately adverse; hostile* this case among other things though (although) near; around many since (because) needed; required his failure means, money, ability

with an obscure vocabulary. We shouldn’t stifle a liberal use of the English vocabulary. But if you use a big word, assure yourself that you have done it because no other term will serve better in context—not because you want to teach your readers a new word.”

Help the progression of the lawyer stereotype by looking to “omit needless words” in favor of clear communication.

The following is a list of the top words and phrases that often can be eliminated in favor of something more fitting.

Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver.

He may be reached at ryan.jardine@kutakrock.com. *Bryan A. Garner — The Redbook A Manual on Legal Style ^Strunk & White

DENVER LITIGATORS

www.ColMediators.org March 2015 I The Docket 17

Top Trivia: BARRISTERS BENEFIT BALL Things every lawyer should know about the Barristers Benefit Ball: 1.

2.

3.

The Barristers Benefit Ball is the primary annual fundraiser to benefit Metro Volunteer Lawyers (MVL) and the most vital part of its annual funding.

It is held every Spring and attended by more than 600 lawyers .

The Barristers Benefit Ball provides a unique and fun opportunity for lawyers to dress to the nines, enjoy a night on the town, and meet or reconnect with fellow professionals in a glamorous atmosphere.

4.

If you have never attended the Barristers Benefit Ball, this is the perfect year to take the plunge—reserve your tickets now. You will be supporting the mission and programs of Metro Volunteer Lawyers and also experience one of the largest and best social events of season.

Test Your Trivia knowledge of the Barristers Benefit Ball. Take the following quiz to find out where you rank: 1.

In what year was the Barristers Benefit Ball first held? a. 1977 b. 2001 c. 1989 d. 1980

2.

Which of the following has NEVER been a theme of the Barristers Benefit Ball? a. Star Wars Revisited b. The Ultimate Prom c. A Tribute to Broadway d. Talk Derby to Me

3.

What decade saw the highest participation and revenue raised at the Barristers Benefit Ball? a. 1970s b. 1980s c. 1990s d. 2000s

4.

How much revenue has the Barristers Benefit Ball generated for Metro Volunteer Lawyers over the years? a. $800, 652.27 b. $7,800,652.27 c. $2,562,500.50 d. $93,976.32

What your score means: If you only answered one or two correctly, you have a lot to learn. You should reserve your ticket now for the 2015 Barristers Benefit Ball!

If you answered more than three correctly, you are an expert in BBB trivia and history. You should reward yourself and your firm and sponsor a table for this year’s Barristers Benefit Ball.

FIREand ICE: A night so HOT that it’s COOL What you can expect at the 2015 Barristers Benefit Ball:

Fire and Ice—pick a side. Dress in your hottest cocktail finery, and get ready for one fiery night. Can’t handle the heat? Shine up your cool side with sparkly white attire. Whichever temperature you prefer, you are sure to love this year’s theme. The cocktail venue will allow you to choose a hot or cool side with drinks, music and an atmosphere that matches the contrasting tones. Free professional photos, a live band, dancing, dinner, and friends will help make it an evening to remember.

New in 2015: There are many new and young professionals who would love to attend this year but cannot for financial reasons. This year we are offering firms and individuals an opportunity to help new, young and/or volunteer lawyers attend this glamorous event. Please consider “sponsoring” a young and/or volunteer lawyer when you RSVP. Do you have a patron table but are not sure if you have enough people to fill it up? You can also donate any unused tickets back to the bar and provide another opportunity for a deserving new or young lawyer to attend. For more information, contact Dana J. Collier Smith at 303-824-5318.

Reserve your tickets now for the hottest and coolest event of the season at denbar.org!

Answers: 1. c; 2. a; 3. d; 4. c

18 The Docket I March 2015

Be Courageous...

Join the Wheels of Justice!

Courage is being brave, graceful and unwavering in the face of great challenge. COURAGE—No word better exemplifies the character of the patients and families that are treated at Children’s Hospital Colorado’s Center for Cancer and Blood Disorders.

For ten years, The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, has courageously stood by Children’s Colorado’s families, raising more than $2,300,000 in 9 years through the Courage Classic bicycle tour, a beautiful 3-day ride through the Colorado mountains.

Do you have the courage to join us in making an even bigger impact for the patients and families at Children’s Colorado when we ride in the Courage Classic July 18–20?

Join the Wheels of Justice team as a rider or sponsor and enjoy terrific benefits including cool team gear, fun weekend training rides, coaching sessions, great community events and publicity.

Help transform pediatric healthcare. For more information, visit wheelsofjusticecycling.org

Special thanks to our 2015 sponsors:

To join as a sponsor or rider, please contact info@wheelsofjusticecycling.org March 2015 I The Docket 19

TEN QUESTIONS until they know how much you care.” I make every effort to understand and care for my clients, which makes me a better counselor and gives me better insight about strategies for their business.

4. Where are your favorite places to travel?

The mountains are my “zen,” but I also love the madness of a whirlwind trip to Disney.

This summer, we will be taking my 7-yearold son on his first European adventure and seeing part of the Tour de France.

Michelle Ferguson

TEN QUESTIONS WITH DBA MEMBER MICHELLE B. FERGUSON “Ten Questions” is a Docket feature focused on getting to know DBA members. If you’re interested in being in the spotlight—or know someone else who should be—email cgibb@cobar.org.

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

I graduated magna cum laude from American University’s Washington College of Law. Washington D.C. was an amazing place to go to law school. I am a Director/ Shareholder at Ireland Stapleton Pryor & Pascoe, P.C., where I have worked for 11 years. I am the head of the firm’s Employment Law Practice Group, and I advise employers on legal strategies to comply with employment laws.

2. Why did you become a lawyer?

World peace, of course! Really though, “To Kill a Mockingbird” was my favorite book as a child. I was so moved by the balance of law and justice, and Atticus.

I also was influenced by my father who is an attorney and held the profession with the utmost regard and respect. I became an employment lawyer because my mother had a loss of hearing and I saw how she was impacted by her disability. When Congress passed the Americans with Disabilities Act (ADA) to address issues with disabilities and employment, I took an interest in the statute and took sign language classes because I thought my focus would be in representing the deaf and hard of hearing. When I got to law school, I realized the ADA was only a small part of the laws governing the employer–employee relationship and became enamored with all aspects of employment law.

3. What’s the best advice you’ve ever been given?

“Do that which scares you.” Litigation scared me. As a result, I accepted a job right out of law school with the City of New York’s Office of Corporation Counsel, knowing I would be thrown into the courtroom right away. I had more litigation experience in my first three years than most attorneys have after ten years. The advice and experience served me well. The next best advice—though not given to me directly—is by Theodore Roosevelt: “No one cares how much you know,

20 The Docket I March 2015

5. What’s your favorite TV show?

No particular show, but I tend to love everything on Food Network, HGTV, or the travel channels.

6. Who’s your role model and why?

Any individual who has stuck their neck out for the common good and the improvement of mankind or their community: True leadership in action.

7. What are your hobbies outside of the law?

I love spending time with my son and husband, whether it is cycling (or more accurately, watching them compete in cyclocross races), going to the movies or our favorite restaurants, and just spending time together as a unit. I also love going to musicals!

8. If you could only eat one type of cuisine all year, what would it be?

Breakfast. That may not qualify as a cuisine, but I do love everything about it and could easily eat it three times a day.

9. What’s on your desk right now?

The scales of justice, too much paperwork (neatly organized in piles), pictures of my family, and my lunch.

10. If you weren’t a lawyer, you’d be: A starving actress trying to make her way on Broadway. D You can contact Michelle at MFerguson@ irelandstapleton.com.

FROM LAWYER TO LEGISLATOR

McCann

S

by K ei t h Le w is o many from our noble profession throw their hats in the ring and run for political office. With more than one-third of the 114th U.S. Congress comprised of lawyers, I think it is safe to say that we dominate politics as a profession. But it is for good reason.

After all, we have been trained in the law and public policy in our classrooms and courtrooms. It makes sense that

large swaths of us aim to give back to the community and participate in the lawmaking process. I am sure that many readers are considering an entrance into politics in the future, and so I want to provide a framework for transitioning from the courthouse to the Capitol as experienced by one of our own.

I recently had the pleasure of sitting down with Colorado House District 8 Representative Beth McCann to talk about her transition from the practice of law to the political world.

A graduate of Georgetown University Law Center, Representative McCann started her legal career as a U.S. District Court clerk.

Later, McCann served as a chief deputy in the Denver District Attorney’s Office. McCann was Denver’s Manager of Public Safety under Mayor Wellington Webb, and she has served in various roles in the Attorney General’s Office. McCann also worked in private practice as a partner for the firm of Cooper and Kelley. McCann has been an active leader in the Colorado Women’s Bar Association (of which she is a founder), the Denver Bar Association, and the Colorado Bar Association.

“I’ve always been interested in public policy,” McCann recalls. It just made sense for her to run in the 2008 election, and she has loved serving her constituents ever since.

On the downside, McCann laments the fundraising pressure that is a reality of modern politics. McCann raised about $90,000 in her first election, spending all but about $15,000 of that, which she can carry over into subsequent elections under specific rules. “Some of my colleagues in tough races have raised over $125,000,” McCann notes.

That is some substantial fundraising for what amounts to a local race for the State House.

McCann advises those who are interested in running for office in the future to “build a network of fundraisers and consultants” now—those team members will ultimately be crucial to your success as a political candidate. McCann also recommends that future candidates get involved in the political process now, even if only by attending meetings. For example, District 8, which covers most of central Denver, holds district meetings once a month on Saturdays at the Ford-Warren library in Whittier. McCann further advises those interested to “volunteer with a campaign of someone you admire.” You might start by simply knocking on doors for a candidate, but later advance into a position of volunMarch 2015 I The Docket 21

teer coordinator or fundraiser. “Political candidates are always looking for passionate volunteers,” reminds McCann.

McCann also advises entry into politics at the lowest levels such as school board or city council positions. Aspiring leaders can learn the process in a less competitive environment before pursuing a General Assembly run.

As far as comparing the practice of law to politics, McCann says it is “a whole different atmosphere.” McCann tells how she initially struggled with the breadth of issues coming before her as a legislator. From healthcare to criminal justice and consumer protection to environmental regulation, it is nearly impossible to be an expert in the variety of fields regulated by the General Assembly. This breadth deeply contrasts with the laser focus required of a trial lawyer, where knowing the facts and law of the case with precision is essential. A legislator has to rely on staff, legislative counsel, and even lobbyists to weigh in on important issues before she decides how to vote.

McCann advises those who are interested in running for office in the future to “build a network of fundraisers and consultants” now—those team members will ultimately be crucial to your success as a political candidate.

will run for Denver District Attorney in 2016.

Representative McCann has graciously offered to speak with anyone who has further interest in running for political office. She may be reached at beth.mccann.house@state.co.us. D Keith Lewis is an attorney in Denver. He can be reached at Keith@FreelanceLegalCounsel.com.

THURSDAY, MAY 7 Denver Marriott City Center For ticket information, visit www.ctlanet.org or call (303) 831-1192.

This Year’s Spring Dinner Features Keynote Speaker

Senior U.S. District Judge John L. Kane McCann is also quick to note that the rewards come with a lot of hard work and very little pay. House members in Colorado earn a $30,000 stipend for each legislative session lasting from January to May. Each member is expected to participate on at least one committee, with most members sitting on two or three. Work days are typically long with meetings and votes at the Capitol all day and banquets and fundraising events later into the night. The position of legislator is sought for the public service, not for the money.

However, this hard work only inspires McCann. Her love of public service persists with her recent announcement that she

22 The Docket I March 2015

2015 SPRING DINNER AWARD RECIPIENTS

Brad Levin, Esq.

Kenneth Norman Kripke Lifetime Achievement Award

Porya Mansorian, Esq. New Trial Lawyer of the Year Award

THE MYTH OF PANDORA:

An Attorney’s Journey to find Hope

by S tephen Be rken

Pandora opened the box and all the illnesses and hardships that gods had hidden in the vessel escaped. Frightened by the ghostly forms she saw fleeing from the box, she tried to close it as fast as she could. The one remaining spirit, trapped in the box, was Hope.

Yes, I am a lawyer, and I “practice the law.” Bankruptcy law. But what I really do for living—have always done—is rescue people. I am good at it, but it takes a toll on me. At my age, I am supposed to be “hardened” against the down-on-luck stories. The endless accounts of illness in the family, loss of a job, the car accidents without insurance, the health insurance that was there but ran out, thoughts of suicide at the prospect of losing the family home, the wayward child enmeshed in the criminal system.

I listen to their stories. And I know that people who file for bankruptcy pro-

tection come from regular families who hit hard times. A loss of a job, a medical problem, a divorce. It’s not the stories the media spins out—that people have lost their sense of right and wrong, deadbeats buying consumer products they do not need.

And, they blame themselves. They cringe at why they took out a home loan they did not understand. For failing to appreciate that they have no job security. For trusting family members who let them down. For thinking their health insurance would cover the hospital bills.

At my age, I am supposed to be

jaded—that I have heard it all, figured out the angles, fixed much. That I am entitled to say “no” when faced with a plea for help, because I am too busy, too tired, or as my dad used to warn, “let George do it.”

This is the problem. Either I have a bad memory (a real possibility at 58 years of age) in thinking that the tough stories I heard 30 years ago were not that bad, or we are living in the most disastrous economic time of the last eighty years.

Yes, I can get people back on their feet, financially, by getting rid of debt.

I can get rid of second mortgages. I can pay the value of a car instead of what is owed; get five years to repay taxes with no interest or penalties. I can get rid of those devilish credit cards and pay-day loans.

But here is the point—I can’t create income for my clients. I can’t return thriving businesses to our community, or develop well-paying jobs. I can’t restructure our educational system to train high-tech manufacturing to produce what Germany does.

Our community has been hijacked

by Corporate America, whose eye on the bottom line has nothing to do with the well-being of Americans. And the game is so terribly rigged that I am pessimistic for my generation and many to follow. I fear for my daughters that they will not be able to make a living or afford a home without working 60 hours a week.

As I said, the game is rigged. More than 50% of former Congressmen and U.S. Senators become lobbyists and 75% of judges sitting on the federal bench came from practices focusing on corporate clients and their interests. Our U.S. Supreme Court has decided that a corporation is entitled to the same “free speech” that you and I enjoy.

So what do I do in my little office? I figure out fantasy budgets for a family, and pretend that three people can eat on $300 a month and that kids really don’t need many clothes. And I have to tell clients that, no matter how hard I try to get the budget to work, they just can’t afford the tiny, tired house in Morrison.

This thing I do—helping people who are broke—is becoming very hard. And instead of becoming jaded, I look at the faces of my clients and feel the pain like March 2015 I The Docket 23

I have never felt before. I have stopped looking at the faces of people on the street, because I wonder and worry— how are they making it?

At 58 years old, having litigated just about every issue there is in consumer bankruptcy—I know how to rescue. But I am getting old and I can’t shrug off stress like I used to.

So, I have been reading about stress and how damaging it is to one’s health.

And like a good student, I have read many books on the subject, such as Dale Carnegie’s How to Stop Worrying and Start Living the Rest of your Life, Marcus Aurelius’ Meditations, some teachings of Jesus. The following are highlights worth sharing.

I’ve learned to ask myself these questions: 1. Do I tend to put off living in the present in order to worry about the future, or to yearn for some magical rose garden over the horizon?

2. Do I sometimes embitter the present by regretting things that happened in the past—that are over and done with?

3. Do I get up in the morning determined to seize the day to get the utmost out of these 24 hours?

4. When shall I start to do this?

Next week? Tomorrow? Today?

The next time trouble backs you up in a corner, ask yourself “What is the worst that can possibly happen if I can’t solve this problem?” Prepare yourself mentally to accept the worst—if necessary. Then calmly improve on the worst—which you’ve already mentally agreed to accept.

logic takes a vacation. We want to either fight or run—or both.

In other words— worr ying is not good. Half the worry in the world is caused by people trying to make decisions before they have sufficient information on which to base a decision.

Instead, after carefully weighing all the facts, come to a decision. Then, get busy carrying out your decision—and dismiss all anxiety about the outcome.

Smart businessmen use this technique when presented with a problem:

“... instead of becoming jaded, I look at the faces of my clients and feel the pain like I have never felt before.”

Remind yourself of the exorbitant price you can pay for worry in terms of your health. Those who do not know how to fight worry, die young. And lawyers are so prone to intolerable stress.

Fear of the unknown kicks in our survival instincts, our “reptilian brain.”

Rationality goes out the window. The adrenal glands fire like a machine gun.

We revert to our atavistic instincts, and

A. What is the problem?

B. What is the cause of the problem?

C. What are all possible solutions?

D. What is the best solution? ................................................

This is a system for occupying a nonstop mind like mine.

1. Crowd worry out of your mind by keeping busy. Plenty of action is one of the best thera-

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pies ever devised for curing the bedeviling anxiety (sometimes it takes more coffee than I can handle).

2. Don’t fuss about trifles. Don’t permit little things— the mere termites of life—to ruin your happiness. Put them in a box and forget about them. (Men can do this “compartment” trick a bit easier than woman, unless that man is prone to obsessing, like this author).

3. Use the law of averages to outweigh your worries? Ask yourself: “What are the odds against this thing happening at all?” (As Tom Petty sang, “Most things I worry about never happen anyway.”)

4. Cooperate with the inevitable. If you know circumstances are beyond your power to change or revise, say to yourself: “It is so; it cannot be otherwise.”

5. Put a stop loss order on your worries. Decide just how much anxiety a thing may be worth—and refuse to give it anymore.

6. Bury the past as if it were dead. Don’t saw sawdust. ................................................

Seven ways to cultivate a mental attitude that will bring you peace and happiness: 1. Let’s fill our minds with thoughts of peace, courage, health and hope because our life is what our thoughts make it. Shakespeare said it. So did Marcus Aurelius.

2. Never try to get even with our enemies, because if we do we will hurt ourselves far more than we hurt them (yet I still carry grudges).

3. Instead of worrying about ingratitude, resign yourself and expect it. Jesus healed 10 lepers in one day—and

only one thanked him. Why should we expect more gratitude than Jesus got?

4. Marcus Aurelius said “When you arise in the morning, think of what a precious privilege it is to be alive—to breathe, to think, to enjoy, to love.”

5. Let’s remember that the only way to find happiness is not to expect gratitude—but to give for the joy of giving.

6. Count your blessings—not your troubles!

7. When fate hands us a lemon, try to make lemonade.

I used to think fear was the strongest motivator. It certainly was in law school, that first year. And while that “reptile brain” still dictates much of what we do, over time I’ve learned that if there is an answer, maybe it’s hope? D

Hope is being able to see that there is light despite all of the darkness.

Desmond Tutu Stephen Berken, Esq., is an attorney in Denver. Berken earned his J.D. degree from Hastings College of the Law, University of California. He is the Colorado state chair for the National Association of Consumer Bankruptcy Attorneys., the Colorado State co-chair for the American Bankruptcy Institute (ABI) and a board certified expert in consumer bankruptcy, American Bankruptcy Board of Certification.

Disclaimer: This does not necessarily express the views of the DBA. Alternative viewpoints are always welcome.

Denver Bar Association Young Lawyers Division and Denver Warm Welcome Court Child Care Center

Book Drive March 16–20

For twenty years, the Denver Warm Welcome Court Child Care Center has provided free, drop-in childcare to people with business before the district, juvenile, and county courts of Denver. The Center is staffed by employees of Mile High Montessori, and its operations are funded through money raised under a surcharge on municipal violation fines.

In addition to providing brochures and other written material concerning child services and support in Denver, the Center has made a practice of providing each child who visits a reading or activity book to take home.

Join the DBA-YLD to collect new and used books for children ages 6 months–12 years.

Sign up online at bit.ly/DYLDBookDrive15 Questions? Questions? Email Blair McCarthy at bmccarthy.jtlawfirm@gmail.com or Lara Griffith Zarzecki at lgzarzecki@s-g-lawyers.com.

March 2015 I The Docket 25

Law Student Chronicles: Likhona Means Hope

by S h a q uille T urne r This year has been the best year of my life thus far. I was able to visit the African continent—a desire I’ve had for a while that was fulfilled this past summer; I truly feel confident in my approach to law school, a confidence I thought I would not attain; and I am in the process of cultivating a beautiful relationship.

Life is good. I am over half-way finished with law school and I feel that I am on the right path. I am walking in my purpose.

There is a threefold challenge now: I must continue to glean every piece of wisdom I can from every experience law school provides; I must intentionally prepare for life after law school; and I must resist the temptation to succumb to discouragement and burnout. If I can do these things, I know that I will be fine.

LIFE EXPERIENCES MADE POSSIBLE BY LAW SCHOOL Law school has offered me the opportunity to experience, among other things, new travel destinations and new work environments. This past summer I was able to visit Cape Town, South Africa through a study abroad program with Howard University School of Law. In Cape Town, I studied Comparative Constitutional Law and Comparative Immigration Law at the University of the Western Cape. The most striking part about my academic experience was learning about how the struggle to end South African

26 The Docket I March 2015

to stick together after the apartheid struggle.

Instead of resorting to revenge after the black people had won the war against apartheid, the people decided to embrace UBUNTU and the country remained intact. But what does UBUNTU mean? My favorite translation of the Nguni Bantu term is “I am, because we Left: Langa Township Top: Chapman’s Peak Drive, are.” Another translaCape Town, South Africa tion that I liked was “to care.” It is essentially a apartheid molded the South African verb, an act of treating an individual with Constitution and South African conkindness, respecting the inherent dignity stitutional jurisprudence. Black South of another individual, by nature of the Africans were robbed of their dignity fact that we both share the human expeunder the apartheid regime and relegated rience. In other words, I derive my own to second-class citizenship. After the fall meaning from those I share the commuof the apartheid government, the modern nity with, and thus I owe them a duty of constitutional framers made it a point to care tantamount to kindness. This type acknowledge the inherent dignity of the of thought allowed the South African person and made it a right to have human people to surmount the primal desire dignity respected and protected. Using for revenge. To recognize that although this right as a foundational principle, atrocities were committed by a system the South African Constitutional Court for the benefit of a distinct subsection has rendered decisions that reaffirmed of South African society, that subsection human dignity such as outlawing the still had something of value to offer socideath penalty and allowing individuals ety. South Africa embraced the hurt that who have constructed homes on unused existed, sought truth and began to reconprivate land to be safe from eviction. It cile the hurts that occurred in the past. was interesting to see first-hand how the My South African Professor of historical context played into constituUBUNTU was a 13-year-old boy I met tional jurisprudence. while exploring VA Waterfront; his name My experience in South Africa was Likhona I’Themba Killa. Likhona beyond the academic setting was downwalked up to me while I was exploring the right amazing. I find that while traveling, mall and politely said “Sir, would you buy I am granted the super power of ultra me some food?” I was on the phone at the reflection. In the short span of six weeks, time, but decided to hang up and engage I had filled an entire journal with my the young boy wearing the windbreaker, thoughts about where I was in life and camo pants, scarf, and gumboots. His where I wanted to be. I was able to reflect voice was soft and his face was subdued. on these things all the while enjoying I replied, “Of course bro. What do you the scenery of the most beautiful landwant?” His response was “Chicken and scape I have ever seen. A large part of my chips.” reflective capacity went toward underLikhona and I walked around for a standing the concept of UBUNTU. I had little while searching for places that sold heard about the concept early in my visit chicken and chips, and I learned a bit to the continent, and understood it as more about who he was and where he was part of the reason South Africa was able from. Likhona was from Langa Township.

Coincidentally, I had visited Langa the week before. I was astounded by the juxtaposition of extreme material poverty with vibrant cultural wealth. There were people who lived in shanties composed of dirt floors, paperboard walls, and tin roofs; I even saw toddlers walking from their shanties to nearby streams to get water. Material poverty like I had never seen. I also saw more small businesses than I had ever seen in such a small area.

There were barbershops, food vendors, clothing stores, and convenience shops, all housed in the most unusual places: train storage cars and telephone booths to name a few. There were people everywhere and it seemed like everyone knew everyone else. The community moved like a single living organism, thriving via a common pulse.

Likhona was a member of that community, and from him I heard words that I will carry with me a lifetime. We settled on eating at a restaurant called Spurs, he and I ordered ribs from the adult menu. We ended up taking to-go boxes so he could save some of the food for his mother. While walking toward the train station after we ate—he was heading to Langa and I back to Sea Point (a tourist

district)—we walked past the Cape Town Wheel (a huge ferris wheel that provides a 360-degree view of downtown Cape Town). I asked Likhona if he had ever been on the wheel. He replied that he had not. So I decided to treat him to a ride. While riding the wheel and looking over the expanse of Cape Town, I asked him where his favorite part of Cape Town was. He paused for a moment; I could tell he was in deep contemplation. His reply left me speechless. He said, “Wherever I am. Right here is my favorite part of Cape Town.” Likhona is a young boy who wants to be a singer, whose favorite artist is Beyoncé. He is happy and it is recognizable from the smile he wears on his face and the songs that ring through his voice. The subdued nature that I saw when I first met him was a result of the hunger he felt inside. He was humble enough to ask a stranger for a meal and ended up giving me the gift of a shift in perspective. Likhona I Themba Killa, translated from Xhosa to English means Hope. I was inspired by the hope that I saw Likhona embody.

Law school is difficult. I have never worked this hard in my life. Sometimes I doubt my abilities. Sometimes I worry

Shaquille Turner and Likhona. that the work that I put in will not translate to the success that I desire in life.

There is a temptation to succumb to discouragement and burnout. But I won’t.

I have learned throughout my life that weeping may endure for a night, but joy comes in the morning. Every experience is another opportunity to learn a lesson that I will apply in the future. I will continue to do the best I possibly can in my course work and externship experiences. I’m over half way finished with law school! It is all about perspective.

I’m grateful because Likhona told me the secret: Wherever I am is my favorite place to be. D Shaquille Turner is a 2L at the University of Denver Sturm College of Law.

MARSH FISCHMANN & BREYFOGLE LLP is pleased to announce that

Jon P. Deppe

has become a Partner in the Firm

8055 E. Tufts Avenue Suite 450 Denver, CO 80237 (303) 770-0051

A Practice Focusing Exclusively on Intellectual Property www.mfblaw.com

1881 9th Street Suite 335 Boulder, CO 80302 (720) 562-5500

March 2015 I The Docket 27

CBA-CLE Calendar

March 2015

REGISTER ONLINE OR CALL TODAY! LIVE EVENTS AND LIVE WEBCASTS March 11, 2015 The Power of Potential – Lawyering and Leading with a Growth Market Submitted for 4 General CLE credits

March 3, 2015 Funding the Revocable Living Trust Submitted for 1 General CLE credit March 4, 2015 Limited Liability Companies in Colorado Submitted for 8 General CLE credits, including 1 Ethics

March 12, 2015 Oil and Gas Law Advanced Topics 2015 Submitted for 8 General CLE credits, including 1 Ethics

March 5-6, 2015 Advanced Elder Law Institute – Protecting Our Elders Financially, Medically, and Legally Submitted for 14 CLE credits, including 1 Ethics

March 13, 2015 Colorado Health Law Symposium 2015 Submitted for 6 General CLE credits, including 1 Ethics

March 6, 2015 Run Your Firm Like a Business – Live in Durango ONLY! Submitted for 3 General CLE credits March 9, 2015 Top Tax Tips for Solo & Small Law Firms in 2015 Submitted for 1 General CLE credit March 2015 - May 2015 Understanding and Using Trusts Series March 11: Trusts: Today and Tomorrow (Part 3) Each program is submitted for 4 CLE credits

March 20, 2015 Workers' Compensation Spring Update 2015: Case Updates, Mock Evidence Scenarios & an Anatomy Lesson Submitted for 6 General CLE credits, including 1 Ethics March 2015 - May 2015 Understanding and Using Trusts Series March 25: Counseling Trustees on Their Duties (Part 4) Each program is submitted for 4 CLE credits March 26, 2015 Real Estate Spring Update 2015: Anatomy of a Commercial Real Estate Transaction Submitted for 7 General CLE credits

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

VIDEO REPLAYS

March 5, 2015 - Part 1 of the 9 Part Trust Series Revocable Living Trusts: Design, Implementation and Other Issues Submitted for 4 General CLE credits

March 20, 2015 Estate Administration Basic Skills 2015 Submitted for 7 General CLE credits, including 1 Ethics

March 12, 2015 Family Law Basic Skills 2015 Submitted for 17 General CLE credits, including 1.8 Ethics

March 26, 2015 Limited Liability Companies in Colorado Submitted for 8 General CLE credits, including 1 Ethics

March 18, 2015 Product Liability Fundamentals Submitted for 7 General CLE credits

March 27, 2015 - Part 3 of the 9 Part Trust Series Trusts: Today and Tomorrow Submitted for 4 General CLE credits

March 19, 2015 - Part 2 of the 9 Part Trust Series Taxation of Trusts Submitted for 4 General CLE credits

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

CBA CLE

www.cobarcle.org

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

28 The Docket I March 2015

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

AUTHOR Jordan Lipp

PRODUCT LIABILITY

Law & Procedure in Colorado

Products Liability: Law and Procedure in Colorado is a thorough overview of the major issues of products liability law, specific to Colorado. This comprehensive treatise reviews: n Relevant state and federal court systems n The product liability statute n Specific claims

n Causation and damages

n Relevant statutes, case law,

and jury instructions

To assist the practitioner in research, the desk book contains a useful subject index and table of authorities, as well as a fully searchable CD-ROM. It is an invaluable tool to practitioners as they wrestle with these complex and fascinating cases from both the defense and plaintiffs’ sides.

TABLE OF CONTENTS CHAPTER 1: Introduction and Overview of Colorado State and Federal Courts CHAPTER 2: Colorado’s Product Liability Statute and Defining Key Terms CHAPTER 3: Strict Liability for Defective Products CHAPTER 4: Negligence CHAPTER 5: Strict Liability for Misrepresentation CHAPTER 6: Breach of Warranty CHAPTER 7: Other Claims CHAPTER 8: Statutory Presumptions CHAPTER 9: Defenses Focused on the Defendant’s Conduct Or the Product Itself CHAPTER 10: Defenses Focused on the Plaintiff’s PreAccident and Accident Conduct CHAPTER 11: Defenses Focusing on Plaintiff’s PostAccident Conduct CHAPTER 12: The Statutory Defenses CHAPTER 13: Apportioning Fault CHAPTER 14: Causation CHAPTER 15: Evidentiary Issues and Experts CHAPTER 16: Damages CHAPTER 17: Interest CHAPTER 18: Costs CHAPTER 19: Attorney Fees

Item Number: ZPLLAP15B CBA Member Price: $ 85.00 | Non-Member Price: $105.00

Three Convenient Ways to Order: ONLINE AT: www.cobarcle.org CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 STOP BY: Our office and save on shipping!

1900 Grant Street, Suite 300, Denver, CO 80203 www.cobarcle.org March 2015 I The Docket 29

Bar Resources The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” Visit cobar.org/ watermanfund.htm for more information. The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO. Phone number is 303-824-5319 and fax is 303-8615274.

Troubled by Rude and Unprofessional Attorneys?

The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips, and strategies for dealing with opposing counsel.

Teresa Wilkins: 303-791-9545 Dave Furgason: 303-861-8013 James O’Connor: 303-799-9001

Marion McBain: 303-635-2246 Sponsored by the DBA Peer Professionalism Assistance Committee.

COLAP The Colorado Lawyer Assistance Program (COLAP) is an Independent and Confidential program exclusively for Judges, Lawyers, and Law Students.

Established by Colorado Supreme Court Rule 254, COLAP provides assistance with Practice Management, Work/Life Integration, Stress/Anger Management, Anxiety, Depression, Substance Abuse, and any Career Challenge that interferes with the ability to be a productive member of the legal community.

COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers and educational programs (including ethics CLEs).

For more information or for confidential assistance, please contact COLAP at 303-986-3345 or (toll free) 855-9862126. Visit our website at coloradolap. org

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

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

BRIEFS Practice Area Preview: Employment Law—Thursday, March 12 Join DBA YLD and the CBA Employment Law Section for an informal discussion and networking event for young lawyers led by young lawyers at a location to be determined downtown. Come hear your peers talk about what it is like to work as a young lawyer in the field of employment law. Two free drinks and appetizers provided. Networking starts at 5:30 p.m., with informal presentations by our speakers at 6 p.m., followed by more networking and discussion. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Book Drive—March 16–20 Join the Denver Bar Association Young Lawyers Division in collecting books for The Denver Warm Welcome Court Child Care Center. Books needed are for children ages 6 months to 12

30 The Docket I March 2015

years. Email Blair McCarthy at bmccarthy.jtlawfirm@gmail.com or Lara Griffith Zarzecki at lgzarzecki@s-g-lawyers.com to sign your firm up for the drive.

Forming And Funding Early Stage Companies—Thursday, March 26 Join the DBA Young Lawyers Division as members Joel Jacobson and Trevor Crow discuss working with early stage companies at the DBA offices from 7:30 to 8:30 a.m. on Thursday, March 26.

Attendees will learn how to navigate critical issues along the way from formation to funding. The program will specifically cover entity selection and vesting, key agreements, counseling clients on raising money, securities law exemptions, and major terms in a Series A term sheet.

One general CLE credit applied for. Cost to attend is $5 for members and $20 for non-members. RSVP to lunches@cobar. org or call 303-860-1115, ext. 727.

Small Talk…It’s No Joke!— Wednesday, April 1 Have you ever felt awkward at Bar Association networking events? Or sat staring at other attendees waiting for a meeting to start? Join Debra Fine for her fast-paced, interactive and entertaining presentation The Fine Art of Small Talk.

In Debra’s presentation you’ll laugh, learn and leave with insightful and informative conversation tips and techniques on how to strike up conversations and keep them going, avoid conversation “killers”, exit conversations with grace and develop business relationships. Join us on Wednesday, April 1, at 5:30 p.m., at the DBA CLE offices, third floor. Appetizers, beer, wine and soda will be provided.

Cost to attend is $25 for members, $20 for law students and $50 for nonmembers. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

Pro Bono Recognition Ceremony—Friday, May 1 Denver-area attorneys who have met or committed to reaching the Colorado Supreme Court’s pledge of providing 50 hours of pro bono legal services will be

honored at 4 p.m. on Friday, April 4, at the Ralph L. Carr Colorado Judicial Center. A tour of the Judicial Center will be led at 3 and 4 p.m., and a reception will follow the ceremony at 5 p.m. For more information or to report your firm’s pro

bono commitment or achievement, contact Tracey Tiedman at tracey.tiedman@ judicial.state.co.us.

Dates on the

DOCKET

DBA MEETINGS All DBA meetings are scheduled at 1900 Grant St., Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, 303-8245321, to schedule committee meetings so they will appear in this calendar.

March 3

Joint Judicial task Force 7:30–9 a.m.

Call Heather Folker, 303-824-5350 Denver Access to Justice Committee Noon–1:30 p.m.

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

March 4

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

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

Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m.

Call 303-295-9470

Call Carolyn Gravit, 303-824-5323

March 4

Docket Committee Noon–1 p.m.

Call Courtney Gibb, 303-824-5336

March 5

Lawyers and Schools Committee Noon–1 p.m.

Call Carolyn Gravit, 303-824-5323

March 10

6–8 p.m.

Call Dana Collier Smith, 303-824-5318

Call Leah Achen, 303-824-5327

March 11

Community Action Network Noon–1 p.m.

Call Kate Schuster, 303-824-5312

Professionalism Coordinating Councils Noon–1 p.m.

Call Greg Martin 303-824-5317 Dba Young Lawyers Division Council 6–7:30 p.m.

Call Heather Folker, 303-824-5350

March 17

March 26

Interprofessional Committee 5–6:30 p.m.

Call Andrea Mueller Arias, 303-824-5340

Past Presidents’ Dinner Guard and Grace Restaurant 1801 California Street

March 12

March 10

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

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

Call 720-944-2594

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

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

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

Call 303-573-1302

March 11

March 18

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

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

March 17

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

DBA Board of Trustees 7:30–9 a.m.

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

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

March 19

March 25

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

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

March 2015 I The Docket 31

Legal

AFFAIRS

GOOD THINGS David Fine, managing partner at McKenna Long and Aldridge, was named the chair of the board of directors of the Center for Fine Legal Inclusiveness.

Fine focuses on complex matters at the intersection of policy, business, and law.

Holland & Hart litigation attorney Diego Hunt received the Colorado Hispanic Bar Association’s 2015 Chris Miranda Award Hunt at the CHBA’s annual banquet.

James M. Lyons has been elected as a fellow of the Litigation Counsel of America. Lyons focuses his practice on complex Lyons business litigation mediation and arbitration of virtually all types, including corporate, securities and insurance law.

Brendan P. Rodman and Katherine W. Petrides are proud to announce that John R. Rodman has been elected to a three-year term as trustee of the Foundation of the American Board of Trial Advocates.

The Defense Research Institute has elected Amy L. Miletich of MiletichCohen PC, its National Director.

Miletich Miletich’s practice focuses on assisting employers in the defense of employment law claims and in implementing preventative measures to avoid such actions.

O n Ja n . 2 0 , some of the Childs McCune team Childs McCune Team served lunch to the

homeless at the Denver Rescue Mission’s Lawrence Street Center.

CHANGES Karsh Fulton Gabler Joseph PC is pleased to announce that Ivan M. Call and Christian D. Aggeler have become shareholders with the firm.

Call’s practice will continue to focus on commercial, civil and real estate litigation.

Aggeler’s practice will continue to focus on commercial, civil and real estate litigation, trusts and estates, and real estate.

Jackson Kelly PLLC recently promoted Dana M. Svendsen to membership status. Svendsen practices in the occupational safety Boscoe and health practice group.

Ryley Carlock & Applewhite is pleased to announce that Mark H. Boscoe and Sheela S. Stack have been elected Stack shareholders.

Boscoe is a member of the firm’s corporate practice group and Stack is a member of the firm’s water, energy, resources and environmental law practice group.

St. John-Larkin Perkins Coie announced that David St. John-Larkin, Timothy J. Fete, and Shane M. Niebergall have been promoted to partner.

Fete St. John-Larkin is a member of the intellectual property practice, Fete is a member of the business practice, and Niebergall is a member of the IntellecNiebergall tual Property practice.

Lindsay L. McKae has been elected to the partnership of Lewis Roca Rothgerber LLP. She represents lending institutions McKae in complex finance transactions.

Moye White LLP announced that J. David Arkell has joined the firm as a partner. He will be a Arkell member of the firm’s construction group as well as its recently formed alternative dispute resolution group.

Coan, Payton & Payne, LLC, is pleased to welcome Steve Suneson. Suneson’s practice focuses on corpoSuneson rate law and international commercial transactions.

Kilpatrick Townsend & Stockton has named Gene Bernard, Ph.D. the new managing partner.

Pechaitis Bernard succeeds Ian Saffer. Saffer will continue his practice at the firm focusing on trademark and copyright litigation and counseling.

Mitchell Jackson Lewis P.C., announced that Laura Mitchell and Scott Pechaitis were recently elevated to shareholder.

Husch Blackwell proBray moted Daniel L. Bray to partnership. Bray is a member of the firm’s financial services industry team.

Lewis Brisbois is pleased to welcome George G. Matava and Donald E. (Tripp) Lake, III to otheir office as partners and members of the firm’s intellectual property and antitrust practice groups.

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

32 The Docket I March 2015

Kristin R. B. White has been named managing member of the firm.

White focuses her practice on occupational safety and health and mine safety and health and represents general industry, construction, coal, oil and gas, energy, automotive, manufacturing, chemical, warehousing and mining clients with regard to their regulatory safety and health matters and in crisis management.

Perkins Coie is pleased to announce that Sonny Allison has been named office managing partner of the firm. Allison succeeds Len MacPhee.

Sonny, a partner in the firm’s business practice, focuses his practice on mergers and acquisitions, private equity, corporate finance and securities.

The Harris Law Firm is pleased to announce that Jodi Mullen has joined the firm as an associate attorney. Mullen will be Mullen practicing at the Firm’s Fort Collins location.

Stern & Curray LLC is pleased to announce that Emily Assunta White has become a partner. Emily has expertise in all areas of immigration law and manages the firm’s removal defense and family immigration practices. Emily also advises noncitizens and their counsel on the immigration consequences of criminal convictions.

Kilpatrick Townsend & Stockton announced the election of Matthew Holohan to its partnership.

Holohan Holohan is a member of the firm’s patent litigation team. His experience includes work on a variety of matters including patent infringement, copyright infringement, trade secret misappropriation, securities, consumer class action, and pro bono matters.

Moye White LLP, announced the appointment of new partner Keely Downs.

Downs’ practice focuses primarily

on commercial real estate transactions and general corporate matters.

Lewis, Bess, Williams & Weese, P.C. is pleased to Downs announce that Taylor M. Dix has joined the firm as a director and shareholder. Dix is an estate planning and tax lawyer.

C h i p m a n G l a s s e r, LLC is proud to announce that Reid J. Allred has become a partner at the firm. Allred specializes Allred in litigation involving small- and medium-sized business. He has experience with ownership disputes involving closely held businesses as well as litigation involving real estate and construction disputes. The firm is also proud to announce that Douglas J. Stallworthy has joined the firm as an associate.

Stallwor thy ’s practice includes real estate law, Stallworthy commercial leasing, general corporate law, civil litigation, and employment law, with a particular interest in land use and development.

Silver & DeBoskey is pleased to announce that Richard S. Strauss and Jennifer A. Milne have joined the firm. Strauss’ Strauss practice will continue to emphasize business and real estate transactions and litigation, probate administration and litigation, and estate planning.

Milne Milne’s practice will focus on business and commercial litigation and appeals.

Hale Westfall, LLP would like to announce the promotion of Christopher McNicholas to partner. McNicholas works McNicholas in complex commercial litigation, labor and employment law, real estate and public policy.

BRICK & MORTAR David Bush launched his new civil law firm, David Law, today with offices based in Wheat Ridge. Bush offers clients Bush legal assistance in the following practice areas: business planning and business law, commercial disputes and litigation, construction defect claims, employment law, federal contract claims, and industrial hemp regulation and compliance.

Aaron Bradford has been asked to help open and run the Colorado operations of Holland & Knight.

Bradford will continue to focus his practice on litigation in the area of anti-competitive conduct, intellectual property , product defect and complex torts.

Haynes and Boone has opened a Denver office specializing in the energy sector.

Anne Weber, a specialist in midstream and pipeline operations, joined the firm as partner to open the office at 1580 Lincoln St. The Legal Center for People with Disabilities and Older People became Disability Law Colorado. While their name is changing, their work and mission remain the same. In addition to launching a new name, they will have a new website and email address.

March 2015 I The Docket 33

Picture This

DBA Happenings

Colorado Bar Foundation Fellows Dinner The Annual Colorado Bar Foundation Fellows Dinner was held on Friday, Jan. 9 at the Hyatt Regency Denver Convention Center. After welcome cocktails and the introduction of Board of Trustees and special guests, the annual report was covered and 2015 Bar Fellows were introduced. CBA President Charley Garcia then took to the stage to honor the award winners of the night. First, the 2014 CBA Gary L. McPherson Outstanding Young Lawyer of the Year award was presented to J. Ryann Peyton. Next, the CBA’s highest honor, the 2014 Award of Merit, was presented to Chuck Turner, who recently stepped down after 34 years as CBA/DBA Executive Director.

Clockwise: Dana Collier Smith and Constance Wood.

From left: Craig Joyce, Julie Wggener, and Chuck Turner.

Peggy and Dave Furgason.

Charley Garcia and Chuck Turner.

Law School for Journalists: Pt.1 – Jury Process in the Holmes Trial On Monday, Feb. 2, Our Courts held a “Law School for Journalists” session focused on the jury process in the James Holmes trial. Retired Judge Russell Carparelli and Retired Judge Valeria Spencer spoke on capital murder cases and the specifics of the jury process. The presentation was streamed online for those who couldn’t make it to the CBA offices. Judge Carparelli co-founded the Our Courts adult public education project with U.S. District Court Judge Marcia Krieger. The Colorado Bar Association and the Colorado Judicial Branch jointly offer “Law School for Journalists,” an ongoing series of classes designed to provide reporters with background information about issues in the legal system and judiciary.

Stay tuned for part 2 of the Holmes trial series.

34 The Docket I March 2015

Retired Judge Valeria Spencer and Retired Judge Russell Carparelli .

Denise D. Hoffman Recognized with 2014 Davis Award Denise D. Hoffman, the Managing Partner at Hoffman Crews Nies Waggener & Foster LLP, was honored with the 2014 Richard Marden Davis Award at a dinner in her honor on Jan. 23. The award recognizes her outstanding service to the legal community, along with her civic and charitable leadership.

The Davis Award is presented annually “to a Denver lawyer who is 40 years old or younger and combines excellence as a lawyer with civic, cultural, educational, and charitable leadership.” The award was created in memory of Richard Marden Davis, who devoted himself tirelessly to the profession and the community. Hoffman follows a long line of past winners who have continued to serve the Denver legal community, including last year’s honoree, Shannon Stevenson.

From left: Judge Gale Miller, Celeste Quinones, and Patrick Flaherty.

From left: Bill Walters, Denise Hoffman, Julie Waggener, and DBA president elect Janet Drake.

Denise Hoffman and Judge Gilbert Roman.

From left: Gilbert Roman, Kenzo Kawanabe, and Chad Williams.

DBA president elect Janet Drake addresses the audience.

The Denver Bar Association Lawyers’ Touch Football League The Denver Bar Association Lawyers’ Touch Football League completed its 46th season, Sunday November 9, 2014. The championship was won by Collateral Attack over The Lambs 21-12. The season runs from the first Sunday after Labor Day through the first or second week in November. The last several years the games have been played at Eisenhower Park in southeast Denver. Each team consists of seven players (lawyers and law students). The league suggests that each team roster have at least thirteen players. If you are interested in fielding a team or wish to participate next fall please contact John Stevens at jhs@giffordstevens.com Generally, the League limits the number of teams to the first ten that apply: preference is given to past participants. Entry fee for each team is yet to be determined (last year’s fee was $570).

The league was the brainchild of John Madden III in 1968. The Madden trophy is awarded to the league champion by Mr. Madden at the commencement of each new season.

Top row: Sean Hanlon, Casey Smartt, Cody Bourke, Ken Hayes, Brent Owen, Rashaad Barnett, Jereme Lynn Baker, Jason St. Julien, Mike Fredregill, Jed Greenblat, and Jake Tiernan.

Front row: Gerred Underwood, Greg McClure, Coach Judge Alfred Harrell, Buck Beltzer, Glen Matthews, and Jacob Friedberg.

Not shown: CJ Chapman, Joseph Hunt and Jeff Smith.

March 2015 I The Docket 35

A WARM WELCOME TO OUR TWO NEW PANELISTS Please visit jamsdenver.com for more information on our team of dispute resolution experts.

Hon. James C. Klein 410 17 TH STREET, #1600 • DENVER, CO 80202 LOCAL: 303.534.1254 • TOLLFREE: 1.866.534.1254 www.jamsdenver.com

Hon. Norman D. Haglund