2012 May

Denver Association I Vol. 34 Issue 3 I March 2012 A Denver BarBar Association Publication I Vol. 34 Issue 5 I May 2012

WINN ER: grade K-2 s

A Country

Without Courts?

Rebecca Love Kourlis discusses how a lack of understanding, confidence, and funding for the judicial branch is impacting access to justice.

Inside

ER: WINaNdes gr 3-5

Five Selected to Receive DBA Awards

by Sara Crocker

First Rovira Scholar Named

by Metro Volunteer Lawyers

by Dianne Van Voorhees

Finding Ethical Footing in the Cloud

by Cindy Wolf

Seeing a

document reviewer’s screen from mine.

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2 TheSpecial Docket Counsel, I May 2012 ©2012 Inc. All rights reserved.

Marya Brancio esq. executive director

303.894.9900 800.737.3436 specialcounsel.com

Vol. 34 Issue 5 I May 2012

ON THE COVER 6

Law Day 2012: No Courts, No Justice, No Freedom

10

2012 DBA Awards Winners

12

Metro Volunteer Lawyers Names First Rovira Scholar

16

Get Your Head in the Cloud

FEATURES 4

From the President

8

Law Day Art Contest

14

How to Buy Wine for Any Occasion

18

Trial Diaries | Part One of a Two-Part Story

23

Report from New Orleans: Inside the ABA Midyear Meeting

18

IN EVERY ISSUE 26

Legal Affairs

28

Briefs

30

Dates on the Docket

31

Picture This

8

12

22 14

18 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 (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313.

DOCKET COMMITTEE: Mariya Barmak, Norman Beecher, Becky Bye, Scott Challinor, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Ryan T. Jardine, Thomas L. Kanon, Jr., Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer,

Christopher Mommsen, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA OFFICERS: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker P.C. EDITOR: Chuck Turner

GRAPHIC DESIGNER: Kate Schuster (303) 860-1115 denbar.org/docket Copyright 2012. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

May 2012 I The Docket 3

From the President

Ten Years with the DBA, and Loving Every Moment

by Ilene Lin B l o om

I

often am asked why I c hoose to spend my f ree time volunteering with the Denver Bar Association.

When I look back to when I first came to Denver, the answer was fairly simple: I was new to the legal community and knew that this would be a great way to

“

Work ing w ith other attor neys through the many committees and events I have been involved in, many of which not only help our community but also our fellow professionals, has been rewarding. It has connected me to our profession in a way I had not imagined.

There may be other ways to be connected to our profession, but I truly believe this is one of the best ways. This connection to our profession is important, considering we typically spend the majority of the hours in our day dedicated to lawyering.

The people I meet through the DBA and the support I receive from the organization are unmatched. … It’s as simple as that. I hope it is as simple as that for all of you, as well.”

meet some like-minded attorneys.

This June marks my 10th year in Denver and, as I reflect on the last decade, it is no surprise to me that I have been and am still involved with the DBA after all of this time. The reason is simple: the people I meet through the DBA and the support I receive from the organization are unmatched. It has given me the opportunity to meet people and work on projects I might never have otherwise. It’s as simple as that. I hope it is as simple as that for all of you, as well.

Before I came to Denver, I was passionate about pro bono and wanted to continue that here. When I first got involved with the DBA, I found a committee that was a perfect match for my interests—the Access to Justice Committee. This committee strives to provide our members volunteer opportunities that promote access to justice in our community.

That committee might not be for everyone, but I am confident that there is a DBA committee for you. And if there is not, perhaps you can think about starting one! The DBA truly is an organization that is shaped by its members.

4 The Docket I May 2012

• Tuesday, June 5: Celebrate the outstanding work done by DBA members at the DBA Annual Awards Party at the Sherman Street Event Center.

It will be my honor to present several awards that night to people who inspire me.

• Wednesday, June 6: The Annual Document Shredding and Electronics Recycling event at the DBA offers a way to clear out your outdated electronics and is a safe way to destroy documents you no longer need. Proceeds benefit Metro CareRing.

• Thursday and Friday, June 7 and 8: The DBA is offering five hours of free CLE across two days. Who doesn’t want free CLE? You can find more details about the week’s events on page 29.

Member Appreciation Week is the DBA’s way of saying thank you for your support. D

So, what is one way to further explore a connection to the DBA? If you are new to the DBA or have not recently been able to take advantage of t he multitude of opportunities and services it offers, I hope you will join us for DBA Member Appreciation Week. It kicks off June 4 and will offer something for everyone: • Monday, June There is no cost for this event. However, a donation of one food 4: Take the afteritem or $2 is requested per box or electronic item, with all connoon to hit the tributions beneetting Metro CareRing, a hunger relief organizalinks with your tion that operates one of the largest food pantries in Denver. colleagues at the Henr y Ha l l There is a limit of 20 boxes (no 3-ring binders) and Me mor i a l G ol f ve electronic items per vehicle.

Tournament and Silent Auction. It will be held at the Hiwan Golf Club in Evergreen. All proceeds benefit Metro Volunteer Lawyers.

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Law Day 2012: No Courts, No Justice, No Freedom

Time to ‘Cowboy Up,’ Protect Out Courts

by R ebecca L ove K ourlis

I

magine a country without courts—where the legislative and executive branches of government hold sway. Imagine that the legislative branch makes the laws, and the executive branch has an administrative system for determining both criminal and civil liability and enforcing consequences. What would change? Why would it matter?

Most important, we would no longer have the rule of law. We would have the rule of men. The Constitution would be subject to the whims of legislators. The rights of minorities (any minority) and individuals would be swept aside by the rights of the majority—from search and seizure without probable cause, to the enforcement of basic contract rights; from freedom of speech and due process of law, to private property rights—they would all be subject to sometimes slow and sometimes precipitous erosion, swept down the stream of majoritarianism and bureaucracy.

There would be no transparency and no access to trial by jury. Trial by jury is critical to democracy because it invests citizens in the system, provides checks and balances, and offers a community voice on what is and is not acceptable conduct.

In short, this country would no longer be a constitutional democracy.

But that dire picture is just sensationalism, right? It is hyperbole to say that justice is in jeopardy, right? We have bigger problems that require our attention, right?

Not right. Remember the “boiling frog story,” which proposes that if a frog is placed in cold water that is slowly heated, it will not jump out of the pot,

6 The Docket I May 2012

Celebrate Law Day Law Day is officially observed on May 1, but the DBA is celebrating all month. If you’re interested in attending any of these events, please RSVP to lunches@cobar.org or (303) 860-1115, ext.

727.

Colorado’s Merit Selection System: The Gold Standard, May 2: A panel will discuss the how judges in Colorado are selected, how our judicial selection system compares to others nationally, and ethical dilemmas and challenges when litigating in states with other judicial selection systems. Panelists include IAALS executive director and former Colorado Supreme Court justice Rebecca Love Kourlis; Colorado Court of Appeals Chief Judge Janice B. Davidson; Donelson Ciancio & Grant, P.C. Shareholder Gene A. Ciancio, who has served on judicial selection and performance evaluation committees; IAALS Judicial Programs Director Malia Reddick; and Wedgle & Associates, P.C. Of Counsel Theresa Spahn. The program will be held from 9 to 11 a.m. at CBA-CLE, 1900 Grant St., Suite 300, in the large classroom. Two ethics credits have been applied for.

Reflections of a Career in the Justice System with Alex Martinez, May 2: Alex Martinez has served in the justice system from nearly every angle. He has worked as a public defender, a trial judge, a Colorado Supreme Court

but will rather eventually be cooked to death? The temperature of the water that affects the courts is on the rise, and we are the frogs.

There are a number of factors heating up the water. First, there is a profound lack of understanding of the courts. Polling data routinely demonstrate that people do not understand our three-branch system of government with checks, balances, and a separate role for the courts. People do not protect what they do not understand.

Second, there is a lack of confidence.

The Harris Interactive Survey in 2011 shows that only 19 percent of the respondents have a great deal of confidence in the courts and the justice system. That number is down 5 percent from 2010.

justice and currently as Denver’s Manager of Safety.

He will reflect on the practical aspects of the Law Day theme, “No Courts, No Justice, No Freedom.”

The program will take place at 11 a.m. at CBA-CLE, 1900 Grant St., Suite 300, in the large classroom.

Cost to attend is $20. Proceeds from the event benefit the Legal Aid Foundation of Colorado. One ethics credit has been applied for.

DBA Young Lawyers Division Law Day Reception, May 3: High School students with Denver Public Schools were invited to submit an art work, essay, video, or other recording related to the Law Day theme. Winners will attend the Law Day Reception, which will be held at 5 p.m. at The Lobby, 2191 Arapahoe St. Rebecca Love Kourlis will offer the keynote speech about protecting and rebuilding the courts.

Law Day Art Contest, through May: Students who participated in the DBA’s 5th Annual Law Day Art Contest will have their artwork, which reflects the Law Day theme, featured at the Denver Art Museum through May. No need to RSVP. The winning artists, whose work was featured on the cover, received a $100 Target gift card and free admission for their class to the DAM. See more student artwork on page 8.

More people—23 percent—have “hardly any” confidence in the courts than those who have a great deal of confidence.

More and more money is being poured into state supreme court races in the states that hold contested elections for those seats, and—no surprise—the citizens of those states have even less confidence in their courts. There are other reasons for declining confidence: costs, delay, and widespread perceptions that the courts are not truly accessible.

Third, there is a lack of funding for the courts. In 2011, 57 percent of all state court systems suffered budget cuts of up to 12 percent. Those cuts came on top of cuts in 2010 and 2009. In Colorado, we have been in budget crisis mode for the past five years, with no sal-

ary increases and staffing shortages. In State of the Judiciary reports across the country, the impact of the budget woes becomes painfully clear. In Texas, “today the courthouse door is closed to many who have lost their jobs, to military veterans who are on the streets, to women who suffer physical abuse.” In Connecticut, “I feel it is important to let you know that, if there are ultimately more significant cuts or layoffs, the branch that we know today will look very different in the future.” And, in Hawaii, “justice is not something that should be rationed.

The costs of attempting to do so will be far higher in the long run, than any savings that can be realized now.” The Los Angeles Superior Court system is laying off 350 employees in June and restructuring 50 courtrooms.

So, justice truly is at risk. And, the solution, in Western slang, is to “cowboy up” and fix it. Attorneys, judges, and citizens must seek to understand the courts, support them, and work hard to improve them.

We are ahead of the curve in Colorado, in terms of fixing problems. The

Colorado Supreme Court has implemented a pilot project in five Denver metropolitan counties for business cases, designed to test solutions for cost and delay in those cases. Various districts are experimenting with early neutral evaluation of domestic relations cases to provide mental health and attorney assistance to high-conflict parties who need to develop a parenting plan that will be in the best interests of their children before the system polarizes them.

Additionally, Colorado has implemented electronic filing to keep costs down and make the system more efficient. The transparency of caseload information has been improved through statistical reports. The Colorado courts were on the forefront of the “jury reform” movement, which is an effort to reorient the jury system such that the jurors get the best possible information about the process and the case on which they are sitting, in a way that maximizes their time and values their service. Probate reform ensures the courts are monitoring ongoing protective proceedings involving at-risk adults or minors. In an

effort to reduce crime rates, jurists have employed evidence-based sentencing.

That is the good news, and speaks highly of the bench and bar in Colorado.

But we have to work even harder to support, defend, and improve the courts.

Justice is in jeopardy across our country.

If we have no courts, we will truly have no freedom. And, we will have no one to blame but ourselves. D Rebecca Love Kourlis is the executive director of IAALS, the Institute for the Advancement of the American Legal System, at the University of Denver. IAALS is a national research center dedicated to continuous improvement of the process and culture of the civil justice system. Kourlis is a former Colorado Supreme Court justice and author of “Rebuilding Justice: Civil Courts in Jeopardy and Why You Should Care.”

May 2012 I The Docket 7

Law Day Art Contest

Knapp Elementary School second grader Cody Lindholm and Green Valley Elementary fourth grader Cindi Garcia are the winners of the DBA’s 5th Annual Law Day Art Contest. Their artwork, on the cover, reflected this year’s Law Day theme, “No Courts, No Justice, No Freedom.”

Their teachers, Mindy Marks and Kearse George, gave a lesson on Law Day before students worked on their drawings. This year, the DBA has partnered with the Denver Art Museum, and the students’ artwork will be on display at the DAM through May.

8 The Docket I May 2012

The winning artists received a $100 Target gift card and free admission for their class to the DAM. Above are the other ar t entries the DBA received. A special thanks and congratulations to all who participated.

D

May 2012 I The Docket 9

2012 DBA Awards Winners

Five Honored for Service to Legal, Greater Community

by S ar a C ro cke r

T

he Denver Bar Association’s Annual Awards honor those who have made extraordinary contributions to the legal community. They all are genuinely dedicated to serving their peers and the community through their volunteer efforts with the DBA and other organizations.

Award of Merit: Elsa Martinez Tenreiro Elsa Martinez Tenreiro joined the DBA shortly after graduating from law school because she felt it was important for young attorneys to be involved in the community. She was particularly drawn to volunteering efforts that focused on working with the public.

“I thought if I got involved with the bar association and tried to promote lawyers as good, upstanding models in the community, that would be something that I would benefit from and the bar would benefit from,” she said.

Martinez Tenreiro’s list of volunteer activities is extensive. She has served on the Democracy Education, Access to Justice, Community Action Network, and Diversity in the Legal Profession committees. She volunteers with Metro Volunteer Lawyers (and served on its board), with the high school mock trial program, and with a “Dream Team”—a small group of attorneys, judges, law students, and legal professionals who work in the community to encourage diverse and under-represented groups to consider a career in law. She was president of the DBA from 2007 to 2008.

In the last year, Martinez Tenreiro has worked with her two partners to open Alvarado, LaForett & Martinez Tenreiro, LLC.

10 The Docket I May 2012

“I think that every time I go to the office, I get to help somebody,” she said.

She also has received a great deal of support for her volunteer work from her family. She and her husband Steve Theis have two daughters—Alexandra and Samantha. They live in Elizabeth with Martinez Tenreiro’s mother.

“My family is my reason for being,” she said.

Martinez Tenreiro was surprised when she found out she would receive the DBA’s highest honor.

“The quality of the people that receive this award is tremendous,” Martinez Tenreiro said. “To be grouped in that category of person that deserves that award—it’s just a tremendous, tremendous honor.”

She added she wouldn’t have been able to realize the goals of the DBA initiatives she has led without the help of other members.

“Whatever it is that I have accomplished, it wasn’t alone,” she said. “I’m just one little piece.”

Volunteer of the Year: Erich Bethke When Erich Bethke began volunteering with the DBA, he was drawn to the activities that got him involved with schools.

“I just find that working in the schools and with students and teachers—it’s a particularly enthusiastic, it’s a particularly creative, and I think an exciting environment,” he said.

Bethke, a co-chair of the DBA’s Democracy Education Committee, has been key in piloting the PALS (for Partner Alliance of Lawyers and Schools) program. It is an offshoot of the Guest Teacher Initiative.

In PAL S, three attorneys are assigned to a school and they commit to

volunteer there for one year. What they do to help in the classroom depends on the needs of the school, Bethke said. The point of PALS is to “show to the schools and the students that attorneys are more than just people who go to court—that they have a commitment to the community and they want to have some fun and help students,” he said.

When in the classroom, “you have to be a little flexible,” Bethke said. “Sometimes it’s a little wild and wooly.”

Still, it’s a rewarding experience.

“It is fun. They’re good kids,” he said.

He’s able to balance everything with the support of his firm, Senn Visciano Canges, which makes him feel, “that it’s something that I’m not taking away from my business day but that it’s an important part of my business day,” Bethke said.

He enjoys being on the DEC because of its flexibility and receptiveness to new ideas. He also said projects like PALS would not have been accomplished without the help of others: “You’re not just pulling your own oar; you’ve got a team that’s pulling with you.”

Young Lawyer of the Year: Troy Rackham Troy Rackham is a self-proclaimed introvert, but it’s hard to tell once he starts talking about h i s i nvo l ve m e n t with the DBA. Rackham is a mentor in the DBA Mentoring Program and the DBA’s delegate to the American Bar Association. He volunteers with the mock trial program, scoring or serving as a presiding judge, and he previously coached a team. He does pro bono work through Metro Volunteer Lawyers. He also gives his time to the CBA on various committees and sections, he teaches CLEs, and he volun-

teers in the community. He and his wife, Michala, have four children.

Rackham concedes that sleep probably suffers, but says he balances work, life, and play by regularly taking stock of what matters.

“You have to decide, on a pretty regular basis, what is valuable to you and devote your time and efforts to that which is valuable to you. Because if not, your practice can take over and prevent you from devoting time to your family, or to your profession, or to other things you might care about,” said Rackham, who is of counsel at Fennemore Craig.

Pro bono is particularly important to Rackham.

“The clients, at the end of the experience, appreciate so much the legal services you provide and I think leave with an impression of the legal profession that’s profound,” he said.

He has enjoyed volunteering with the DBA and CBA because it’s given him opportunities to get to know many different people in the legal community.

“You get great perspective from those lawyers about the challenges that the legal profession faces,” he said.

Judicial Excellence: Daniel Taubman Colorado Court of Appeals Judge Daniel Taubman has long been a champion of access to justice.

He ser ves on the Access to Justice Commission and the Chief Justice Commission on the Legal Profession in a group focused on access to justice. He also helped found the Colorado Bar Association’s Appellate Pro Bono Program.

“Judges can exercise a leadership role by demonstrating to other judges, and demonstrating to lawyers, and finally demonstrating to members of the public at large that judges believe we should have a judicial system that’s easily accessible to all people, no matter what their economic status may be,” he said.

Taubman has been involved with

We The People, a program that works to enhance students' understanding of democracy and helps them to identify the contemporary relevance of the Constitution and Bill of Rights, for 15 years and has coached a WTP team at Grandview High School for the last few years.

He also is active in his synagogue, a gourmet club, other CBA sections and committees, and Our Courts, where he teaches about the legal system in Spanish—a language he became fluent in while in Peru as a Peace Corps member.

Taubman, who has sat on the Colorado Court of Appeals for 19 years, said the court has an ethos of participating with bar associations and in the community: “I think there’s a place for all lawyers and judges to participate in bar activities. ... I think that there’s an opportunity for you to become involved and help in some way to improve the judicial system.”

Teacher of the Year: Elizabeth Correa When Elizabe th Cor rea was approached by a student who told her that the constitution scholars class she teaches was taking up too much of his time, time that he could spend doing working on “more important” subjects like math, her response was simple: “I looked at him and I said, ‘Yeah, because being a critical voter will never help you,” she said.

“He just looked at me and I said, ‘This is what civics is.’”

The Abraham Lincoln High School teacher works to show her students how the gove r n m e n t c a n affect their daily lives so that they grow into “critical citizens” after they leave her class and

Celebrate the DBA Awards Honorees DBA Annual Awards Party 5:30 p.m. Tuesday, June 5 Sherman Street Events Center, 1770 Sherman St. No cost to attend. RSVP to lunches@ cobar.org.

See short video interviews with the winners at vimeo.com/coloradobar. high school.

“That’s what high school is, preparing those kids to become good critical young adult thinkers.” she said.

Correa has taught at ALHS for 10 years, and early in her teaching career, she was approached about getting students involved in We The People. It’s evolved into her constitutional scholars class, and she coaches a student WTP team. Though it can be challenging, it’s also exciting to see her students grow and learn in the process, Correa says.

Because W TP focuses on oral responses, she also has attorneys in her classroom who serve as mentors; they offer a big confidence boost for her students.

“That empowers them so much,” she said. “[The attorney mentors are] a good role model and [the students] just feel that they can actually do this. They have the ability to actually succeed. They have people who care enough and are telling them they can do this—not just me.” D

May 2012 I The Docket 11

Metro Volunteer Lawyers Names First Rovira Scholar

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As a new attorney, I see the potential to recruit other young attorneys and encourage them to give back to their community through MVL by highlighting the value they will receive from networking, receiving topnotch training from experienced professionals, and expanding their practical knowledge on areas of the law they might not typically practice.”

—Rovira Scholar Sarah C. Zoellner

B y D i anne A . Van Vo orhee s

M

e t ro Vo l u n te e r L aw ye rs is pleased to announce it has selected its first Rovira Scholar, Sarah C. Zoellner. Zoellner is a 2011 graduate of the Creighton University School of Law. Born in Colorado, she is a fifth generation native who is “committed to improving the future of our community.” In her application for the Rovira Scholar Fellowship, Zoellner

expressed her interest and commitment to pro bono public service: “I identify with the mission of Metro Volunteer Lawyers and I am driven to pursue a career path that enables me to provide a service to people in need.”

During her six-month fellowship as the Rovira Scholar, Zoellner will work at MVL to carry out a broad variety of tasks, including providing legal advice and representation to MVL clients who might not otherwise be assisted through

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12 The Docket I May 2012

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MVL’s current programs. Zoellner also will work on developing MVL’s mentoring program.

“I am excited to work on MVL’s mentoring collaborations,” she said. “As a new attorney, I see the potential to recruit other young attorneys and encourage them to give back to their community through MVL by highlighting the value they will receive from networking, receiving top-notch training from experienced professionals, and expanding their

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practical knowledge on areas of the law they might not typically practice.”

She added: “I am intrigued by the opportunity to create stronger connections between seasoned practitioners and new attorneys to promote pro bono work and a positive perception of the legal profession.”

The Rovira Scholar Fellowship was made possible by a generous gift from Lois Ann Rovira, wife of former Colorado Supreme Court Chief Justice Luis Rovira.

The goal of the fellowship is to enhance the overall understanding of the complex and unique legal challenges presented in pro bono public service through the early training and professional development of outstanding law school graduates.

Zoellner also will assist MVL with other special projects as needed while working with key members of the Colorado, Denver, and other metro area bar associations. Her goal is to get a better understanding of existing resources that

promote access to justice, and she hopes to learn about the connections among existing resources to develop stronger collaborative efforts, as well as more effective means to inform resource seekers and resource providers about what assistance is available.

MVL is thrilled to have Zoellner join our team and know that she will be an asset to our programs, as well as the greater public legal interest community.

This position, designed for a recent law graduate, will permit MVL to increase critical legal services to those in need.

The fellowship period will carry a stipend of $800 per month, generously provided

by Lois Ann Rovira and additional private donors. Anyone can contribute to the Rovira Scholar fund, at givingfirst. org/rovira or by sending a check payable to The Denver Bar Foundation to: 1900 Grant St, Suite 900, Denver, CO 80203.

Inquiries about the fellowship or MVL can be sent to Dianne A. Van Voorhees

The Rovira Scholar Fellowship The Rovira Scholar Fellowship was made possible by a generous gift from Lois Ann Rovira, wife of former Colorado Supreme Court Chief Justice Luis Rovira. The goal of the fellowship is to enhance the overall understanding of the complex and unique legal challenges presented in pro bono public service through the early training and professional development of outstanding law school graduates. The fellow is supported by a monthly stipend. To support the Rovira Scholar fund, visit givingfirst.org/rovira or send a check payable to The Denver Bar Foundation to: 1900 Grant St., Suite 900, Denver, CO 80203.

Questions? Contact Dianne A. Van Voorhees at diannev@cobar.org at diannev@denbar.org. D Dianne A. Van Voorhees is the executive director for Metro Volunteer Lawyers.

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May 2012 I The Docket 13

How to Buy Wine for Any Occasion

by R andie Thomp s on

L

et's be honest: Buying wine can s ome times b e a real pain. It can be time consuming , expensive, and even embarrassing. But, buying wine should be fun! Keep these simple tips in mind to help you buy wine with ease, style, and confidence, without breaking the bank.

Everyday wine. Even though I try to be frugal with my “everyday” wine spending, it still adds up to a big monthly expense. To get more bang for your buck, always arm yourself with a shopping plan. One month you might focus on wines from the Pacific Northwest, then move on to reds from southern Italy the next. Focusing your wine shopping allows you not only to learn more about a particular region and your own personal preferences, but it also can save you time and money. (Ever wandered aimlessly around a wine shop only to wind up purchasing a perfect stranger's recommendation, which you eventually poured down the kitchen sink? Exactly.)

O rd e r i n g at a re s ta u ra n t .

Insiders know that Chardonnays and Cabernets have the biggest mark-up on restaurant wine menus. Why? Because they can get away with it! Avoid these varietals and your dollars will go much further. Increasingly, restaurant wine menus include offerings from Spain’s Rioja region and France’s Rhone Valley.

These regions produce wines that have great potential for food pairing, and they can be found at terrific values, too. I also like to take a quick peek at the wine menu online before going to the restaurant. This gives me an opportunity to research any wines I’m not familiar with and also spares me the anxiety of having to review an ever-expanding wine menu

14 The Docket I May 2012

in a minute or less in order to keep the conversation going with my guests.

Ordering for a business dinner.

In a competitive corporate culture, every move we make is subject to scrutiny— for better or worse. How we order wine at a business dinner is no exception. If you’re the host, it’s your job to order the wine. You shouldn’t delegate this task unless you know for certain that one of your guests is knowledgeable about wine and comfortable ordering for the table. If you’re apprehensive about ordering, you can always ask your server for a recommendation. (But if you’re out to impress, you’ll want to make the selections yourself.) I recommend starting with a white wine aperitif for the table, such as a bottle of Sauvignon Blanc from New Zealand or a domestic sparkling wine. These lighter, drier whites are generally better food pairing options for most salads and starters; plus, they hold tremendous value when compared to many of the more popular red wine restaurant offerings. When it comes time for making red wine selections, I usually stay away from the trendy Cabernets and Malbecs and instead opt for softer wines with lower alcohol. Pinot Noirs from the Pacific Northwest and Old World blends such as Côtes du Rhône are among my favorites. Not only are these wines appealing to most red wine drinkers, but they generally can be found at good values on higher-end restaurant wine menus.

Entertaining at home. Don't buy blind when purchasing wines for entertaining. A good host always tests his or her recipes, and wine should be treated in the same manner. Be sure to buy a few different bottles—typically, a somewhat fruity white, such as Sauvignon Blanc, and a couple different styles of red (a Pinot Noir, along with a fuller-bodied red, such as a Malbec or Cabernet Sauvignon). This helps to make sure that there's something for everyone, and keeps the options interesting.

The gift of wine. Ah, there's noth-

ing better than receiving a beautiful bottle of wine as a gift! But be cautious in gifting expensive wines, unless both you and the beneficiary understand what’s in the bottle. The nuances of expensive wines are lost on most casual drinkers, meaning that your dollars are more or less wasted. In addition, the more expensive the wine, the greater the chance that it will have unique (and sometimes funky) characteristics. Your top client may be less than impressed with that $200 bottle of Burgundy unless he knows that it’s supposed to smell like a barnyard. I find that most people love receiving New World Pinot Noirs, Malbecs, and Cabs—good bottles that are widely available at $15 to $20 a bottle, and up. D Randie Thompson is a certified sommelier and 13-year ERISA attorney. She opened A Bottled Affair in Denver in December. A Bottled Affair offers an intimate wine venue, specializing in private wine receptions and tasting dinners. It also offers corporate team-building programs, such as group tasting dinners and wine tasting challenges, and a variety of wine tasting classes and other unique wine events. For more information, visit abottledaffair. com. Thompson may be reached at (303) 534-1955 or info@ abottledaffair.com.

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May 2012 I The Docket 15

Getting Your Head in the Cloud

Does it Meet Ethical Standards of Client Confidentiality?

by C indy Wolf

T

he “cloud” promises to transform your practice. Your files are accessible anywhere and everywhere, at home as well as in the office, at your client’s location, in court, on your iPad, and your mobile phone. But how do they do that?

The cloud has been around for many years under different names, and some of those names persist because the cloud encompasses many types of technology services. The types of cloud services that raise ethical questions are any that store client-related electronic data somewhere beyond your control. If you need an Internet connection to access it, you need to ask further questions.

Are you already in the cloud? No? Think again. Do you use Gmail1 or Google Docs2 ? These consumer services are in the cloud. Do you use any of them for business purposes? Do you know where your data is?

Under Colorado Rule of Professional Conduct 1.6, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.” 3 Comment 17 to that rule addresses what this means with regard to communications, requiring the lawyer to take reasonable precautions to prevent unintended recipients from seeing this information. In some circumstances, this may require the use of special security measures.

How does this relate to cloud services? For your data (documents, calendar, etc.) to get to the cloud, a communication must take place. The data is sent and saved to a website stored on a server somewhere.

Some things to inquire about are “reasonable precautions,” “special circumstances,” and “special security measures.” Colorado has yet to opine, but the American Bar Association and a few other states4 have attempted to provide guidance on those terms as specifically related to the cloud.

16 The Docket I May 2012

Two key questions will drive the reasonable precautions you take before using the cloud: • What kinds of data are you sending there, and why?

• What does your cloud provider do with your data?

What kind of data are you sending there, and why?

Your Data. If you are sending “information related to the representation of a client” to the cloud, it is subject to Rule 1.6. If it is “highly sensitive information,” meaning protected health or financial information, attorney-client privileged information, or information subject to a confidentiality agreement or trade secret, special security measures may be required that depend on the applicable regulatory requirements5 or contract terms.

Why? Is the cloud service mission critical to your practice, provides backup, or is merely convenient? If the service i nv o l v e s p r i m a r y document accessibility, calendaring, or other key practice information, it is mission critical. It must be reliable or it will affect your ability to represent your clients or other ethical violations may occur.

If it is less critical or solely backup, you may be able to meet ethical requirements with less reliability.

What does your cloud provider do with your data?

Not all clouds are the same. Some are gigantic (think Google) and some are tiny (think Joe’s b a s e m e n t 6 ) , a nd ,

there are an infinite number of models in between. Providers may balk at these questions, either because they have several data farms around the world and do not know where your data will be at any given time or because they do not want to tell you where they live. Get the physical addresses.

Bigger is not always better. Did you know that every time your data is moved from data center to data center, a copy is made? Redundancy creates better accessibility, but also more copies of data.

Does your data contain client technology that is subject to export control?

Each time the data moves to a new server in a different country, it is an export.7 Smaller providers that use top tier commercial data centers may have excellent reliability and security but then they are not in control of the facilities.

This adds another layer between you and your data.

One method cloud providers use to share resources is to store like-data

THE COLORADO TRIAL LAWYERS ASSOCIATION 15th Annual

Spring Dinner

Thursday, May 3, 2012

5 p.m.  Cocktails 6 p.m.  Dinner Denver Marriott City Center

Honoring Daniel W. Patterson, Esq., Nelson P. Boyle, Esq., and more.

For ticket information visit www.ctlanet.org or call (303) 831-1192.

together. For example, your calendar data may be stored on the same server with other customers’ calendar data because it uses the same application(s) to run. Even though your data cannot be accessed by another customer because of passwords, encryption, or partitions, that doesn’t mean it will be stored in a manner that allows for efficient removal or copying of your data alone.

Why is this important? If the provider experiences an outage and you want to have the backup tapes of your data to run them yourself, can the provider give you just your data and no one else’s? How will you return or destroy a client’s confidential information if you have to? Will your data also be disclosed if another customer asks for his or her data, or if the provider is compelled to provide another customer’s data under subpoena or court order? How do they handle third-party requests to disclose customer data?

Consider written policies. Get documents on client data security, facilities security, handling and reporting security breaches, data backup and recovery, data retention and destruction, data privacy, and service levels. If they don’t have them all, this is a red flag. If they have them, do they meet industry standards? Do they contain the special security measures required by HIPAA, the Gramm-LeachBliley Act, or your client’s confidentiality agreements, if required? Do they otherwise meet your needs? What insurance does the provider carry and can you be added as an additional insured? Has the provider done a security audit? Is the provider and data center SAS-70 compli-

ant?8 This is complicated stuff and there is no shame in getting professional help from an IT consultant.9 Considerations at the end of a contract. When the contract ends, or even during a dispute or delivery failure, how and when will the provider deliver your data to you or a new vendor (see commingled data discussion above) and is there an extra charge? Will they give you all data or just some recent data? What format is it in and can you use it that way? When will they purge it from all of their systems? Can either of you cancel the contract without penalty?

Consider a provider’s financial stability. Perform a credit check and review other information about the provider’s stability and reputation. If the provider is a public company, their annual reports must contain a discussion of cybersecurity risks to its business.10 Understand that if the provider files for bankruptcy or closes, you may not be able to access your data for 90 days or more. Have a contingency plan. Be sure the contract states that you, not the provider, own your data so it doesn’t become an asset to be divided among creditors.

The provider should agree in writing to keep your information confidential.

This is an obvious requirement, but one at which Google Docs fails.

Is it impossible?

This research may seem or actually may be impossible. But, here are some resources: • Your sales representative • Your IT consultant • The provider’s terms of service are

1 Ethics committees have generally agreed that cloud-based email has a reasonable expectation of confidentiality. The courts have ruled on both sides of the question of whether the attorney-client privilege is waived by use of cloud-based email depending on many variables.

2 EEK! 3 Some commentators, including insurance carrier CNA, recommend getting your client’s informed consent to put their information in the cloud in any event.

4 New York, New Jersey, North Carolina, Nevada, Pennsylvania, Arizona, Iowa, and Alabama. Each state has its own approach to the “reasonable precautions” requirement, some containing best practices that a lawyer should follow.

5 If the terms of service prohibit you from putting protected health, personally identifiable, or credit card information into the system, it does not meet HIPAA or card processing security standards.

6 I wish I was kidding.

very informative and possibly frightening. Don’t overlook the attachments, such as service level agreements, privacy policies, and program policies.

• Google it. A search for “Google Data Centers” revealed a third-party website (pingdom.com) with maps showing Google’s 36 data center locations worldwide.

• Providers write “white papers,” which are quasi-technical marketing 11 materials.

Finally, you may ask whether you can’t just depend on the provider’s warranties instead of doing this investigation. If you can get good warranties and indemnities, perhaps, but that is unlikely. Many providers refuse to negotiate their terms. Warranties are typically disclaimed and do not specifically address a lawyer’s ethical responsibilities.12 Liability is typically limited to the amount paid under the contract for a limited time frame (90 days to one year).

Some cloud offerings may be a major improvement over a lawyer’s current computing solution, both from a functionality and security perspective. But even with implementing a more robust cloud-based solution, the security guidelines listed in “Preventing Law Firm Data Breaches” by Sharon D. Nelson and John W. Simek13 still apply. Confidentiality of client data is the lawyer’s liability. D Cindy Wolf is a Colorado lawyer with more than 25 years’ experience representing large and small domestic and multinational companies. Her expertise is in commercial contracting, with an emphasis on technology licensing and the Internet.

7 The Commerce Department has opined that cloud providers are not considered exporters for export control purposes, which leaves the responsibility for export compliance to cloud users.

8 SAS-70 is an auditing standard created by the American Institute of Certified Public Accountants. An independent auditor will assign SAS 70 type I certification only after a thorough review of the operational controls of a data center provider against these standards.

9 In fact, both Arizona and North Carolina recommend this.

10 See SEC Division of Corporation Finance, Disclosure Guidance: Topic No. 2 Cybersecurity (Oct. 13, 2011).

11 See Clio’s white paper on whether its product satisfies attorneys’ ethical requirements and make your own decision at goclio.com/ resources.

12 North Carolina recommends asking the provider’s employees to act as your fiduciary. Good luck with that.

13 See The Docket, Vol. 34 Issue 1 (January 2012).

May 2012 I The Docket 17

Trial Diaries | Part One of a Two-Part Story

Representing Terry Nichols: The Story of One Lawyer’s First Jury Trial

Search and Rescue workers gather at the scene of the Oklahoma City bombing. FEMA News Photo

by N. R eid N eurei te r

T

he crime committed on April 19, 1995, was, at that time, so shocking it was almost unimaginable: 168 Americans dead, including 19 children under the age of 6. Three hundred twenty-four buildings within a 16-block radius were destroyed or damaged.

Damage totaled $650 million. All as a result of a massive bomb packed inside a rented moving truck. In Oklahoma of all places—the heartland.

Within days, both President Bill Clinton and U.S. Attorney General Janet Reno announced the United States would seek to execute those responsible.

18 The Docket I May 2012

The explosion spawned what was , up to that time, the largest criminal investigation i n U. S . h i s to r y. Two suspects, Timothy McVeigh a n d Te r r y Nichols, were seized. After two years of pretrial maneuvers, they were tried in the U.S. District Court for the District o f Colorado, with the Honorable Richard Matsch presiding.

W h e n the bombing occurred, I was a second-year l a w y e r. T h e Oklahoma City bombing case would be my first

jury trial.

At the time of the bombing, I was an associate at Williams & Connolly in Washington, D.C. The event had little direct impact on me. Of course, as new parents ourselves, my wife and I were struck by the image of a tiny baby’s body being carried by a firefighter from the rubble of the America’s Kids daycare center, which had been located in the lower floor of the destroyed Alfred P. Murrah Federal Building. I was bothered that, in the bombing’s aftermath, the stretch Pennsylvania Avenue in front of the White House was permanently closed to vehicular traffic. We seemed to be los-

ing a degree of openness and freedom that I had always appreciated about our nation’s Capitol. Yet, for the most part, the bombing did not have a direct impact on our daily lives.

However, my interest was piqued when Michael Tigar, one of my law professors from my time at the University of Texas, accepted an appointment as lead defense counsel for Nichols. In law school, I had been privileged to work as Tigar’s assistant in the defense of John Demjanjuk, the man wrongly accused of being the mass-murdering prison guard “Ivan the Terrible” at the Treblinka concentration camp. Tigar was a celebrated opponent of the death penalty and a renowned advocate in controversial cases. A protégé of the famed Edward Bennett Williams, Tigar was only 27 years old when he argued the first of his seven U.S. Supreme Court cases. The Washington Post called Tigar both “an egocentric, self-righteous show horse” and a “brilliant, generous, and principled lawyer who must be convinced he is on the moral high ground before he takes a case.” In a vote of California lawyers for “Lawyer of the Century,” Tigar finished third behind Clarence Darrow and Thurgood Marshall.

Ron Woods, of Houston, was appointed as Tigar’s co-counsel. Woods is a former FBI special agent, former Texas state prosecutor, and former U.S. Attorney for the Southern District of Texas.

He generally is regarded as one of the best trial lawyers in Texas. Nichols had the legal defense dream team of “Tigar/ Woods.”

In early 1996, a phone call got my full attention: It was Professor Tigar asking if I wanted to quit my job and move my young family to Denver to be a lawyer for Nichols.

Tigar and Woods (with classes to teach and a law practice to run in Texas) would need someone on the ground

Here’s to 50 Years (and counting)

Join us for the Senior Spring Banquet on Wednesday, June 12 The DBA Seniors Committee will honor members who became lawyers in 1962. Lawyers and guests of all ages are invited to honor these 20 accomplished attorneys at the Senior Spring Banquet at the University Club.

The banquet will start with cocktails at 5:30 p.m., and will be followed by dinner and a program for the honorees.

Please RSVP to Alexa Drago at adrago@cobar.org or (303) 824-5313. Tickets are $45 per person.

• Robert A. Calvert • Frederic K. Conover II • L.R. Freese • Donald B. Gentry • Dale R. Harris • Ronald C. Hill

Honorees are:

• Joseph C. Jaudon, Jr. • William C. Jensen • Thomas G. Jeter • Richard W. Laugesen • Thomas S. Nichols • Neil Peck

• R.N. Quigley • Joseph R. Quinn • Lee G. Rallis • Ralph B. Rhodes • Isaac Scher • L. William Schmidt, Jr.

• Thomas C. Seawell • Barrie G. Sullivan II • James R. Wade • Orrelle R. Weeks • Randall L. Weeks

DBA Annual Party “None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody - a parent, a teacher, an Ivy League crony or a few nuns - bent down and helped us pick up our boots.” ~ Thurgood Marshall Join us to celebrate these extraordinary members, who helped advance the mission of the DBA (and helped it pick up its boots) thanks to their dedication to the profession and the community.

Those recognized will be Elsa Martinez Tenreiro, Erich Bethke, Hon. Daniel Taubman, Troy Rackham, and Elizabeth Correa for their excellence in and support of the DBA and the legal profession.

When: Tuesday, June 5 s 5:30–7:30 p.m.

Where: The Sherman Street Event Center s 1770 Sherman St., Denver

RSVP to lunches@cobar.org or (303) 860-1115 ext. 727. There is no cost to attend.

Beer, wine, and appetizers will be provided. Enjoy live music by Not Mona Lisa.

May 2012 I The Docket 19

Timothy McVeigh about to be led out of a Perry, Oklahoma courthouse two days after the Oklahoma City bombing. Olaf Growald in Denver the year before the trial to set up an office, supervise paralegals and investigators, coordinate fact and expert discovery, and draft and respond to numerous pretrial motions. Joining the team was Adam Thurschwell, a civil rights lawyer, brief writer, and death penalty expert.

I asked one question, “Can I get witnesses at the trial?” Tigar’s affirmative answer sealed the deal.

I was paid $75 an hour for my time. For a young lawyer who worked at annual pace of more than 2,000 hours

a year, it was substantially more than pro bono representation. Judge Matsch was responsible for approving all legal and investigative expenditures. To my recollection, no reasonable request was ever denied. Our team began with four lawyers (later growing to five), five investigators, and five paralegals. By the end of our representation, Nichols’ defense cost an estimated $5 million. Judge Matsch’s approval of our funding requests for an investigatory team, for travel to interview witnesses, and for retained experts in a variety of different fields went a long way toward leveling a legal playing field that was necessarily tilted in favor of the prosecution. Published reports indicate that the federal government ultimately spent $82.5 million investigating and prosecuting the cases against both McVeigh and Nichols. McVeigh’s defense reportedly cost taxpayers $15 million.

The nine prosecutors were hand-picked

by Reno from U.S. Attorney’s offices around the country.

Nichols’ defense from the very beginning centered around one undeniable fact: he was not McVeigh.

When McVeigh was arrested 80 minutes after the bombing, some 80 miles north of Oklahoma City, he was wearing a T-shirt printed with the words, “The tree of liberty shall be refreshed from time to time with the blood of patriots and tyrants.” Soon after McVeigh was linked to the bombing, the entire country saw the image of the close-cropped former soldier in an orange jumpsuit being led out of jail in Noble County, Okla., jail surrounded by FBI agents. It was the perp walk to beat all perp walks; McVeigh looked the part of an unrepentant baby killer. His “thousand-yard stare” was unforgettable.

The Nichols defense team’s preference was to have our client remain off-stage, unknown, and unremarked on until the empanelment of his jury. For the most part, the strategy worked. When I first came to Denver and struck up a discussion with a cab driver about what I was doing in Colorado, he asked who I was representing, “McVeigh or the other guy?” Exactly—“The other guy.” Unknown and unremembered.

Ultimately, the contrast between

Professional photographer Jamie Cotten will be at the DBA offices to photograph members at no cost for the CBA's online directory, Find A Lawyer.

Members will be able to view their proofs immediately through an instant video system and choose their picture for the online directory. The chosen photo will be uploaded by CBA staff to your Find A Lawyer listing. Additional portraits will also be made available to those wishing to purchase them, however there is no obligation.

To schedule your appointment visit denbar.org or call 303-860-1115.

20 The Docket I May 2012

Defense attorneys Ron Woods and Michael Tigar sit between Terry Nichols in court.

Courtesy of the estate of Walt Stewart McVeigh and Nichols evolved into an important defense theme at trial: “Terry Nichols was building a life, not a bomb.” D N. Reid Neureiter is a senior counsel with Husch Blackwell, focusing his practice on complex commercial litigation and tri-

als. Before writing this article, Neureiter received permission from Terry Nichols to discuss Neureiter’s role in the case.

Next month, N. Reid Neureiter walks readers through Terry Nichols’ federal trial and the legal issues his defense team faced.

May 2012 I The Docket 21

Feel Like a Million Bucks

Join for $1,300,000 That’s how much The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, raised for Denver’s Children’s Hospital in the team’s first six years. Last year, our riders, sponsors, and volunteers all felt like a million bucks after working together to raise more than $290,000 for the Children’s Center for Cancer and Blood Disorders.

In 2012, please help us make an even bigger difference for the kids, doctors, and families at Children’s Hospital Colorado.

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

Thanks to our 2012 sponsors who have already helped us raise more than $60,000. Please join them!

22 The Docket I May 2012

Report from New Orleans: Inside the ABA Midyear Meeting

by Tro y R . R a ckh am

T

he American Bar Association House of Delegates hosted its midyear meeting in New Orleans in February. Below is a summary of the meeting and actions taken by the House.

You can read the full report online at denbar.org/docket.

Ethics 20/20 Commission’s White Papers and Proposals Before the House of Delegates convened, the Ethics 20/20 Commission informed the delegates of its plan to bifurcate its presentation of proposals to help facilitate the delegates’ consideration of the commission’s recommendations. The decision to bifurcate the presentation of proposals foretells a concern that some of the commission’s proposals would be controversial and generate much discussion and debate.

Ethics of Litigation Financing One of the commission’s white papers discusses ethical issues involved with litigation financing, including issues regarding conflicts of interest, a lawyer’s duty of confidentiality, the attorney–client privilege, and rules regulating the exercise of the lawyer’s independent judgment. It can be read at http://bit.ly/ Ethics2020.

Non-Lawyer Ownership of Firms An issues paper regarding alternative business structures for law firms—including non-lawyer ownership of law firms—has been distributed by the commission. It can be found at http://bit.ly/FirmOwner.

During the House of Delegates meeting, Former ABA President Carolyn B. Lamm discussed the commission’s progress. Formal recommendations will be presented at the annual meeting in 2012 and at the midyear meeting in 2013. Lamm explained that one of the commission’s more controversial issues is whether non-lawyers should be allowed under legal ethics rules to have a limited ownership interest in law firms

in the United States, which has been discussed extensively in Colorado.

Summary of the House of Delegates The House adopted a number of resolutions: • Resolution 101A adopts the black letter ABA Criminal Justice Standards on Law Enforcement Access to Third Party, which provides a framework through which legislatures, courts acting in their supervisory capacity, and administrative agencies can balance the needs of law enforcement and the interests of privacy, freedom of expression, and social participation.

• Resolution 101B urges governments at various levels to require laboratories producing reports for criminal trials to adopt pretrial discovery procedures requiring comprehensive laboratory and forensic science reports and listed relevant factors to be included in such reports.

• Resolution 101C urges trial judges who have decided to admit expert testimony to consider a number of factors in determining the manner in which that evidence should be presented to the jury, and also provided guidance about how to instruct the jury in its evaluation of expert scientific testimony in criminal and delinquency proceedings.

• Resolution 101F supports legislation, policies, and practices that allow equal and uniform access to therapeutic courts and problem-solving sentencing alternatives, such as drug treatment and anger management counseling, regardless of the custody or detention status of the individual.

• Resolution 113 calls for adoption of uniform standards for language access in courts. The policy provides clear guidance to courts in designing, implementing, and enforcing a comprehensive system of language access services that is suited to the needs in the communities they serve.

• Resolution 102B approves the Uniform Electronic Legal Material Act,

promulgated by the National Conference of Commissioners on Uniform State Laws in 2011, as an appropriate act for states desiring to adopt the specific substantive law suggested therein. The act provides rules for the authentication and preservation of electronic legal material.

• Resolution 108 urges state and territorial bar admission authorities to adopt rules and procedures to accommodate the unique needs of military spouse attorneys who move frequently in support of the nation's defenses.

• Resolution 111 urges entities that administer law school admission tests to provide appropriate accommodations for a test taker with a disability.

• Resolution 302 supports the principle that “private” lawyers representing governmental entities are entitled to claim the same qualified immunity provided to “government” lawyers when they are acting “under color of state law.”

This issue is particularly important given that there is a pending case before the U.S. Supreme Court. See Filarsky v. Delia, U.S. No. 10-1018, argued Jan. 17.

A summar y of the resolutions adopted by the House can be found at http://bit.ly/ABAHOD.

James Silkenat Nominated President-Elect New Yorker James Silkenat was nominated president-elect designee of the ABA. The House of Delegates will vote on his nomination at the Annual Meeting in Chicago in August. If elected, he will serve a one-year term beginning in August 2013.

I appreciate all input any members of the Denver Bar Association may have regarding any of the issues that have been considered, or will be considered, by the ABA House of Delegates. D Troy R. Rackham is the DBA’s delegate to the ABA House of Delegates. He is of counsel at Fennemore Craig. Members interested in discussing issues of the ABA and the House of Delegates may contact him at trackham@fclaw.com.

May 2012 I The Docket 23

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CHOICE - Pick and choose the programs that are right for you – when you want it!

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COMPLIANCE - All the CLE credits you need to satisfy your compliance requirements

CONTENT - Available 24/7/365!

CONVENIENT - Tune into Live Webcasts anytime from the comfort of your home or office (for Elite Pass Holders)

EASY - CLE made easy – you don’t have to pass on any programs with the Season Pass!

KNOWLEDGE - Because learning never stops!

PRACTICE AREAS - Access to programs in all practice areas, including Ethics programs

PRICE - You’ll save over the year with our one flat rate!

QUALITY - You’ll get affordable and quality seminars

SKILLS - Technology, software, writing and presentation seminars to sharpen your skills!

UP-TO-DATE - Get the latest updates and content at your fingertips

FEATURES of the CBA-CLE Season Pass:

BASIC

Unlimited Live Seminars and Video Replays:

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Season pass holders can attend unlimited live seminars and video replays held in CBA-CLE classrooms. This includes multi-day, full-day, half day, luncheon programs, and Legal Connection programs. *

Unlimited Live Webcasts:

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Watch unlimited live webcasts held at the CBA-CLE classrooms from the comfort of your home or office. This includes: multi-day, full-day, half-day, luncheon programs, and Legal Connection seminars.*

Discounts on Off-Site Travel Seminars and Institutes:

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Elite Pass holders receive a substantial discount for designated off-site conferences and institutes. *

Special Pricing for CLE Seminars: Basic Season Pass holders will receive special prices on selected events throughout the year. Pass Holders will receive notification prior to the events.

ELITE

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Unimited Online Homestudies: Includes access to all digital content (Products that do not involve shipping)

MP3 Downloads, Videos On-Demand & PDF Seminar Materials

Available 24/7/365!

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*Some exclusions apply. See Season Pass Terms and Conditions at www.cobar.org/cle.

GET YOUR CBA-CLE PASS TODAY

Phone: 303-860-0608 • Toll-Free: 888-860-2531 • Fax: 303-860-0624 www.cobar.org/cle — PURCHASE ONLINE! 1900 Grant St., Suite 300, Denver, CO 80203-4303 May 2012 I The Docket 25

Legal

AFFAIRS GOOD THINGS Davis Graham & Stubbs, LLP partner Kenzo K awanabe has been honored with the Minoru Yasui Community Kawanabe Service Award presented by the Asian Pacific American Bar Association of Colorado.

Kawanabe is a commercial litigator who represents clients in a variety of matters relating to contract disputes, business torts, products liability, and intellectual property.

The University of Denver’s 2012 Law Stars, honored annually at its alumni dinner in September, have been named.

Among the honorees are Bill Keating of Keating Wagner Polidori Free, who will receive the Thompson G. Marsh award; Mike O’Donnell of Wheeler Trigg O’Donnell, who will receive the Outstanding Alumni Awards; Mary Jo Gross of ET Investments, who will receive the Alumni Professionalism Award; and Professor Joyce Sterling, who will receive the Excellence in Teaching award.

The awards will be handed out on Thursday, Sept. 13, at the Wings Over the Rockies Air & Space Museum.

Snell & Wilmer is pleased to announce that Daniel S. Wittenberg, a partner in its Denver office, has been named co-chair of the Government Relations and Public Affairs Committee for the Colorado BioScience Association.

Ducker Montgomery Lewis & Bess P.C., is pleased to announce that Partner Chuck Weese has been selected to join the Litigation Counsel of America as a fellow.

Thomas B. Romer, a shareholder at the law firm of Brownstein Hyatt Farber Schreck, was recently appointed to the

Colorado Procurement Technical Assistance Center Board of Directors by Gov. John Hickenlooper and the Governor’s Office of Economic Development and International Trade. As a board member, Romer will guide the organization’s overall strategy, as well as develop fundraising tactics.

J o h n F. Yo u n g , a member of Markus Williams Young & Zimmermann LLC, has been named 2012 President of Young the American Board of Certification of Bankruptcy and Creditors’ Rights Attorneys.

Otis, Coan & Peters, LLC, congratulates associate attorney Jenna Seigel for her appointment to the Board of Directors for Seigel the Rocky Mountain Innosphere.

Seigel’s law practice focuses on business transactions, real estate transactions, and banking, lending, and creditors’ rights as related to real estate and commercial loan transactions.

Rebecca Dow, a partner with Holland & Hart, was recently appointed to Dow the Executive Committee of the Colorado Association of Home Builders. She also will continue to serve on the Board of Directors, as well as the Government Affairs Committee.

Meshach Rhoades, of counsel in the Denver office of Kutak Rock, LLP, Rhoades has been appointed by Gov. John Hickenlooper to the Community Corrections Advisory Council.

In addition, she has joined the Board of

Directors for the Colorado Coalition for the Homeless.

Burns, Figa & Will, P.C. shareholder Jennifer M. Osgood, has been selected as an associate fellow of the Litigation Counsel of America.

CHANGES Barkley Martinez, P.C. is proud to announce that Drew Hintze and Glenn Pelster have joined the firm.

Polsinelli Shughart welcomes Patricia K. Blomstrom and Jonathan S. Sar to the firm’s Denver office as associates. Blomstrom will focus on real estate development and transactions and Sar will practice corporate law.

Greenberg Traurig , LLP has elevated Amber Münck J. Münck to shareholder and Natalia S. Ballinger and Heath J. Briggs to of counsel positions in its Denver office.

Münck focuses her Ballinger practice on a wide range of litigation cases including labor and employment m at te r s , c l a s s a c t i o n defense, commercial real estate, and intellectual Briggs property.

Ballinger’s practice focuses on class and collective action defense, appellate advocacy, and a wide range of singleplaintiff employment matters.

Briggs has more than 10 years of patent prosecution experience, including post-issuance evaluations, advice, and reexaminations.

Jeffrey Cohen has joined Ballard Spahr’s DenCohen ver office as a partner.

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

Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.

26 The Docket I May 2012

Cohen focuses his practice on commercial and financial disputes.

Gutterman Griffiths P.C. is honored to announce that Carolyn Witkus and Alexandra White have become shareholders. Both Witkus Witkus and White are family law practitioners.

Pendleton, Friedberg, Wilson & Hennessey, P.C. is pleased to announce that Edward M. Allen has been White elected president. Other members of the newly elected Executive Committee are Timothy M. Kratz and Edgar L. Neel, past president.

Allen Icenogle Seaver Pogue, P.C. is pleased to announce that Deborah A. Early and Jennifer L. Ivey are shareholders of the firm. Early specializes in special district and local government law, homeowners associations, and resort real estate development. Ivey provides legal services for a range of Colorado political subdivisions, including special

districts and public highway authorities.

Dill Dill Carr Stonbraker & Hutchings, P.C. is pleased to announce that Arthur H. Bosworth, II has joined the firm, of Bosworth counsel. Bosworth concentrates his practice in the areas of business and commercial litigation, personal injury, class action defense, automobile dealer law, and family law.

C l i s h a m , S at r i a n a & Biscan is pleased to announce that Willow I. Arnold has joined the firm as special counsel.

Arnold Arnold brings a decade of diverse experience in litigation and will concentrate primarily on workers’ compensation, employment, and civil litigation.

BRICKS & MORTAR Bloom Murr & Accomazzo, P.C. is celebrating its 20th year and changing its name to Bloom Murr Accomazzo & Siler, PC (BMA).

Jamie Siler began his practice with

BMA and in 2008 became the firm’s newest shareholder. With the new name, the firm acknowledges the value Siler brings to the firm and its clients.

The firm is grateful to their clients for their first 20 years and look forward to the next 20 years under a new banner.

N a n c y L . Pe t e r son’s The Peterson Law Firm, LLC has changed it’s address to 1741 High St. Denver, 80218. The new Peterson phone and fax numbers are (303) 862-5836 and (303) 963-5301.

Donelson Ciancio & Goodwin, P.C. in Broomfield and Grant, Grant & Gorian LLP in Longmont have merged.

The firm moving forward will be known as Donelson Ciancio & Grant, P.C. Joan McWilliams is pleased to announce the opening of her new office at 299 Milwaukee St., Suite 300, Denver, 80206.

McWilliams The new phone number is (303) 830-0171.

Troubled by Rude and Unprofessional Attorneys?

The following lawyers are willing to take calls on a confidential basis, for guidance, tips, and strategies for dealing with opposing counsel.

Helen Shreves: (303) 777-7833 Howard Rosenberg: (303) 871-6290 T.J. Carney: (303) 526-9666 Barry Meinster: (303) 674-5977 Sponsored by

the DBA Peer Professionalism Assistance Committee May 2012 I The Docket 27

BRIEFS

the raffle and the ball benefit Metro Volunteer Lawyers.

Join Lawyers’ League Softball

Rothgerber Johnson & Lyons defeated McKenna Long & Aldridge to win the A League championship for the third year in a row.

DBA Lawyers’ League Co-ed Softball starts June 9 and runs through Aug. 11.

Games are played Saturdays at Cranmer Park (at 1st Avenue and Bellaire Street).

This is a relaxed league more concerned with having fun than, well, pretty much anything else. Cost varies depending on the number of teams in the league. For more information or to sign up, contact Jack Tanner at jtanner@fwlaw.com.

Henry Hall Memorial Golf Tournament and Silent Auction

White and Steele defeated Burns, Figa and Will to win the B League championship.

Lawyers League Basketball Wraps Up The Lawyers League Basketball’s version of March Madness concluded on March 14 with the championship games in both the A and B leagues. Both games were very competitive and went down to the wire.

In A League, RJL (Rothgerber Johnson & Lyons) defeated McKenna Long & Aldridge to cap an undefeated season and capture the three-peat.

In B League, White and Steele defeated Burns, Figa and Will.

Congratulations to the champions and the teams that made the finals.

BBB Raffle Tickets Available Barristers Benefit Ball raffle tickets are on sale at cobar.org/bball for $10.

Prizes include a number of weekend getaways throughout colorful Colorado, spa packages, and Le Creuset cookware.

The drawing will be held at the Barristers Benefit Ball at the Grand Hyatt Denver on Saturday, May 5, at 8 p.m. You can get tickets to the ball at the same Web page. Unable to attend? You don’t need to be present to win. All proceeds from

28 The Docket I May 2012

There will be a 1 p.m. shotgun start on Monday, June 4, at the Henry Hall Memorial Golf Tournament, which benefits Metro Volunteer Lawyers. The tournament will be hosted at the Hiwan Golf Club in Evergreen. For more information, contact Alexa Drago at adrago@ cobar.org.

Seniors Spring Banquet ‘Class’ Announced Honor those who have been admitted to the bar for 50 years at the DBA Seniors Spring Banquet on Tuesday, June 12.

The “class” of honorees includes Robert A. Calvert, Frederic K. Conover II, L.R. Freese, Donald B. Gentry, Dale R. Harris, Ronald C. Hill, Joseph C. Jaudon, Jr., William C. Jensen, Thomas G. Jeter, Richard W. Laugesen, Thomas S. Nichols, Neil Peck, R.N. Quigley, Joseph R. Quinn, Lee G. Rallis, Ralph B. Rhodes, Isaac Scher, L. William Schmidt, Jr., Thomas C. Seawell, Barrie G. Sullivan II, James R. Wade, Orrelle R. Weeks, and Randall L. Weeks.

The banquet will be held at the University Club, 1673 Sherman St., at 5:30 p.m. Cost to attend is $45. RSVP to Alexa Drago at adrago@cobar.org.

Support the Legal Aid Foundation There are 750,000 Colorado residents who are living in poverty, unable to pay for legal services that can help

DBA Democracy Education Committee Receives Helen Phelps Award Recognizing the Democracy Education Committee’s commitment to volunteering the classroom, the Denver Bar Association committee will receive the Helen Phelps Award from the Denver Teachers’ Awards on May 11.

The award honors individuals and organizations who make an outstanding volunteer contribution to Denver Public Schools. The committee was nominated by attorney Lorni Sharrow.

Sharrow highlighted the various ways attorneys have participated in the schools, from Constitution Day to mock trial coaching.

The relationship between DPS and attorneys grew when the guest teaching program was launched in 2008, responding to DPS’s need of 300 to 400 substitute teachers each day.

DBA members have since volunteered to teach more than 200 days, saving DPS an estimated $19,000 in substitute teaching costs and allowing teachers to step out of the classroom for career development.

Additionally, the committee is piloting a program that is an outgrowth of the guest teaching initiative—the Partner Alliance of Lawyers and Schools or PALS—at Smiley Middle School, Morey Middle School, and Beach Court Elementary. PALS assigns three attorneys to a school, and they volunteer throughout the year in various capacities, from serving as a substitute teacher to leading a lunch discussion about current events.

“Through the consistent presence of attorneys at the school, the school’s administration and teachers can design programs specific to and advantageous for the school and the attorneys,” Sharrow wrote in her nomination.

She added: “Community involvement is critical to the success of our public school system. Volunteering is one way to supporting our children. … As volunteers, we relish the opportunity of incorporating service into our lives and making a difference in our community.”

them obtain justice in our legal system.

Your donation today will help provide timely access to legal aid for those who have nowhere else to turn. The Legal Aid Foundation’s 2011–12 Campaign For Justice concludes on June 30, so there is still time to make a difference in someone’s life with a tax-deductible donation at legalaidfoundation.org.

Celebrate with Us! DBA members are so special to us that we have set aside the first full week of June to show our appreciation through free programs, giveaways, and networking events. We have prizes for getting involved, and prizes just for being you. Hold on to your party hats—we want every member to get involved this week, so we have lots of fun (and free) things to offer!

Prizes: We have a few different prize categories listed below, and we will offer/give a prize to a member drawn at random daily from our database.

Stories: Each day, a different DBA staff member will take the lead and ask members via Facebook and Twitter to step into

the spotlight by talking about specific ways they are putting our membership benefits to work for them. We encourage you to use a video, a photo, or just send it in text. Here's an example: “Hi! I'm ___ and I've been a DBA member for ____ years because ____.

I use my membership to _____.” Winners will be chosen each day and prizes will be given.

Trivia: Daily, we will ask members via Facebook and Twitter a different historical legal trivia question. The first DBA member to answer correctly will win a prize!

Thanks: Member Appreciation Week wouldn’t be the same without a whole lot of “thank yous” going around. Join us in

sharing your appreciation of other members or anything/anyone else using #DBAthanks. We will publish your comments in the July/August issue of The Docket.

Get Involved: During Member Appreciation Week, sign up for a DBA Committee, attend a program or event, or submit your story and get entered to win THE grAnD prIzE!

Events: We have a fun line-up of events to please every member.

Monday, June 4—Henry Hall Memorial Golf Tournament and Silent Auction at Hiwan golf Club in Evergreen. $130 for DBA members players and $150 for non-DBA members. This event benefits Metro Volunteer Lawyers.

Tuesday, June 5—DBA Annual Awards Party at the Sherman Street Event Center starting at 5:30 p.m. This is a complimentary event for our members.

Wednesday, June 6—Document Shredding and Electronics Recycling at the DBA from 3:30 to 5:30 p.m. This is a complimentary event for our members.

Thursday, June 7—Two, one-hour back-

to-back CLE Programs starting at noon. The first program is “iPads for Attorneys” presented by Verizon. The second program is “Hands-on Practice Management: From Intake to Invoicing” presented by Clio CEO Jack newton. These are complimentary programs for our members. rSVp for one or both programs. Lunch will be provided.

Friday, June 8 —Half-day CLE

Program “Acrobat X for Lawyers” with CBA president David Masters from 1 to 4 p.m. This is a complimentary program for DBA members.

May 2012 I The Docket 29

Dates on the

DOCKET DBA EVENTS

FOR THE PUBLIC

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

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

May 1

Lawline 9 4–6:30 p.m.

Denver Access to Justice Committee Meeting Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5303.

May 2

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

May 3

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5323.

May 5

Barristers Benefit Ball 6 p.m.–Midnight Call Denise Lynch, (303) 824-5327.

May 10

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

May 15

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

Community Action Network Noon–1 p.m.

Call Kate Schuster, (303) 824-5312.

May 2

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

Call (303) 295-9470.

May 8

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

May 9

Lawline 9 Senior Law Day 4–6:30 p.m.

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

Call (720) 944-2594.

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

Call (303) 573-1302.

May 15

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

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

Call (303) 573-1302.

Family Law Legal Clinic Office of

30 The Docket I May 2012

Economic Development 1200 Federal Blvd., Room 1018 5:30–7 p.m.

Call (720) 944-2594.

May 16

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

Lawline 9 4–6:30 p.m.

May 17

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

May 23

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

Lawline 9 4–6:30 p.m.

Join a Committee!

If you are interested in joining a DBA committee, call (303) 8601115 with questions. For a full list of DBA committees, visit denbar.org.

Picture

THIS

DBA Happenings

DBA and CBA Host Open House More than 120 members of the DBA and CBA came to the Warwick Hotel on March 30 to learn about the bar associations’ sections and committees. Guests also enjoyed cocktails and a mac and cheese bar, and were entered in various door prizes.

Guests networked and were able to get more information or join a section or committee.

CBA Young Lawyers Division Chair Ben Currier was all smiles with CBA President-elect Mark Fogg and DBA President Ilene Bloom. Fogg and Bloom welcomed guests at the start of the event.

Attorneys Honored for Pro Bono Work More than 100 attorneys from the Adams/Broomfield, Boulder, and Denver bar associations were recognized on April 13 at History Colorado by the Colorado Supreme Court for their firm’s or their individual commitment or achievement of 50 hours of pro bono work in 2011. Photos by Brian Lopez/State Judicial.

About 40 guests signed up to tour the Ralph L. Carr Colorado Judicial Center, which is still under construction, before the ceremony. The judicial center will house the Colorado Supreme Court and Colorado Court of Appeals, as well as staff of the courts, the Office of the State Court Administrator, the Attorney General’s Office, and other judicial agencies.

Following the recognition ceremony, Chief Justice Michael Bender talks with attorneys Nancy Elkind and Aaron Boschee.

Pro Bono Paralegal of the Year Veronica DeJoie poses with members of the Colorado Supreme Court, from left, Justice Brian Boatright, Chief Justice Michael Bender, Justice Greg Hobbs, and Justice Nathan Coats. She will also be honored at the Paralegal Day Reception on May 3.

May 2012 I The Docket 31

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32 The Docket I May 2012

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