2016 May by DBA Docket

125 YEARS

A Denver Bar Association Publication I 38 Issue 5 I May 2016

MENTALHEALTH A BALANCING ACT

Most Judges are

2 The Docket I May 2016

VOL. 38 ISSUE 5 I MAY 2016

6 8 13 20

A MESSAGE FROM DBA PRESIDENT JANET DRAKE REDUCED HOURS PROGRAMS: A TALENT MANAGEMENT AND MENTAL WELLNESS STRATEGY HOW THE BODY RULES, HELPS AND HEALS THE BRAIN COMING HOME: LESSONS LEARNED FROM AN IRAQ DEPLOYMENT

May 2016 I The Docket 3

INSIDE 5 7 10

Letter from the Editor

16 18 22

Dealing with Difficult Personalities

Craig Hospital: Its Remarkable Treatment for People with Spinal Cord and Traumatic Brain Injuries

Briefly Substance Abuse Rates Among Lawyers Even Higher Than Once Thought Staying Professional A Look at the Legal Profession from a Lawyer-Psychologist’s Perspective

IN EVERY ISSUE 30 30 31 32 34

Bar Resources Briefs Dates on the Docket Legal Affairs Picture This

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

THE DOCKET

A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, the Docket Committee or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16. Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Emma Garrison, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Judith Keene, Elizabeth Leder, Paul F. Kennebeck, Keith Lewis, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Gregory D. Rawlings, Eden Rolland, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young DBA Officers: Janet S. Drake, President; Nancy Cohen, President-Elect; Richard M. Murray, First Vice President; Kevin E. McReynolds, Second Vice President; John M. Vaught, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Sarah M. Clark, Richard L. Gabriel, Franz Hardy, Margrit Lent Parker, Gerald D. Pratt and Shannon W. Stevenson

Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Jessica Volz at jvolz@cobar.org. 303-860-1115 • dbadocket.org Copyright 2016. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved. The price of an annual subscription to members of the DBA ($15) is included in their dues as part of their membership. Periodicals postage paid at Denver, CO and additional mailing offices. POSTMASTER send address corrections to The Docket, Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336.

4 The Docket I May 2016

Letter from the

MAY 2016

EDITOR DEAR MEMBERS: As Benjamin Franklin reputedly remarked, “The Constitution only guarantees you the right to pursue happiness. You have to catch it yourself.” Happiness is a state of mind that, though culturally shaped, is ultimately filtered by personal perspective. The well-being of societies, like the well-being of individuals, is similarly resistant to quantitative conclusions.

“The Constitution only guarantees you the right to pursue happiness. You have to catch it yourself.” Governments and NGOs are beginning to recognize that there is more to success (and to life) than GDP. A more comprehensive understanding of mental and physical well-being is essential when considering better policies for better lives. Work-life balance and flexible hours programs are becoming more pedestrian subjects of conversation, particularly in high-stress professions. The American Bar Association has spotlighted the surge in depression and addiction rates that are

affecting the legal profession. While everyone reacts differently to stress, the need for support groups in and out of bar associations has perhaps never been so great. In honor of Mental Health Month, I would like to encourage you to reflect on your life’s priorities, in theory and in practice. Check out the Organization for Economic Cooperation and Development’s Better Life Index (oecdbetterlifeindex. org), where you can create your own Better Life Index and map well-being according to 11 critical topics. Make time for lifepromoting activities and non-Facebook relationships. Take the #100HappyDays challenge and document, in pictorial form, the experiences that make you happy each day. Give yourself visible proof of how much there is to be thankful for. By cultivating positive and selfless thoughts, you are certain to catch your own happiness and help others catch theirs.

With warmest regards,

Jessica A. Volz, Ph.D. jvolz@cobar.org

WE THINK THE BEST WAY TO GET PROVEN RESULTS IS TO START WITH PROVEN KNOWLEDGE. Doug Cash, MBA, CFE, CFI, CFCI Forensic Accountant

303.586.8504

When it comes investigations or providing expert testimony, a deep knowledge base is crucial. Eide Bailly forensic professionals are experienced and accredited, and they continually advance their knowledge and skills so you can be confident you’re clients are getting the best results. www.eidebailly.com/forensic-valuation May 2016 I The Docket 5

A MESSAGE FROM DBA PRESIDENT JANET DRAKE alone or secretly; experiencing withdrawal symptoms such as shaking and nausea when not drinking; blacking out; and keeping alcohol in your office or vehicle. How do you know whether you have a substance abuse problem? The CAGE questionnaire was developed in 1970 by Dr. John Ewing as a screening tool to identify alcoholism. It can also be extended to shed light on drug addictions. Two or more “yes” answers to the following questions are indicative of substance abuse:

1. Cut Back. Have you ever felt the need to reduce the level of your consumption?

2. Annoyed. Have people ever annoyed you with their criticism of your drinking habits? 3. Guilty. Have you ever felt guilty while you were drinking? 4. Eye-Opener. Have you ever started the day with a drink to wake yourself up, relax or cure a hangover? How can you make a difference? One way Denver attorneys can get help for themselves and others is by contacting the Colorado Lawyer Assistance Program (COLAP). COLAP is a confidential program created to help judges, lawyers and law students with professional and personal concerns including:

LAWYERS ARE STRESSED OUT, DEPRESSED AND WE DRINK TOO MUCH. At least that’s what the statistics show. It’s time for attorneys to have an honest conversation about the causes and solutions to these issues. The causes of behavioral health problems are complicated and are generally influenced by a variety of factors. The high demands and serious consequences associated with the nature of our work certainly impact our stress levels. How we respond to stress, whether it’s drinking or working out, will naturally impact our health. Mentors and friends can be a positive influence under any circumstances. It is important to surround yourself with people who offer you support and guide you toward healthy choices. A Johns Hopkins University study found that lawyers have the highest incidence of depression among professionals. Studies by the American Bar Association and the International Journal of Law and Psychiatry estimate that 15 to 25 percent of lawyers in the United States suffer from alcoholism or substance abuse. The national average of people with alcohol-use disorders is estimated at 9 percent. A study by the South Carolina Bar Association found that 50 to 75 percent of lawyer disciplinary cases nationwide involve chemical dependency. Symptoms of depression may involve any of the following: loss of interest; change in appetite; change in sleep patterns; loss of energy; indecisiveness; recurrent thoughts of suicide; and suicide attempts. Symptoms of alcohol abuse and dependence may include: being unable to limit the amount of alcohol you drink; drinking 6 The Docket I May 2016

• • • • • • • • • •

Anxiety; Stress and burn-out; Depression; Alcohol and drug abuse; Prescription drug concerns; Marital and family relationships; Work/life integration; Unprofessional behavior; Career concerns; and Retirement.

For confidential help from COLAP, phone 303-986-3345. Whether or not you have a problem with depression or substance abuse, I hope this letter will raise awareness about the prevalence of these issues. Help is available. Make yourself a priority. Make a difference! D

BRIEFLY “Insanity: Doing the same thing over and over again and expecting different results.” ~ Albert Einstein

“Insanity” and “insane” are legal rather than medical terms. Contemporary definitions of insanity are derived from the M’Naghten test formulated by the House of Lords in 1843. Its aim was to test whether (a) the defendant knew what he was doing, and (b) if so, knew that it was wrong. Idaho, Kansas, Montana, Utah and Vermont do not currently allow for an insanity defense.

Did you know that Mental Health Month started in 1949?

Mental Health America spearheaded the initiative to raise awareness at a time when millions of veterans had recently returned from war, and the nation was forced to address the toll that mental illnesses take on individuals and the people who love them.

What Shakespearean play

did U.S. Supreme Court Justice Ruth Bader Ginsburg guest-star in this year? Answer: A Merchant of Venice. She guest-starred as the judge presiding over Shylock’s trial at a production in Venice commemorating the Campo del Ghetto Nuovo’s 500th anniversary. May 2016 I The Docket 7

REDUCED HOURS PROGRAMS: A TALENT MANAGEMENT AND MENTAL WELLNESS STRATEGY By J ud ge (R et.) Mary McC l atchey While reduced hours programs are widely viewed as an important talent management strategy for law firms, a new study underscores their role in supporting the overall health and well-being of attorneys. Law practice is a uniquely high-stress profession. In fact, according to a 2016 landmark study commissioned by the ABA and the Hazelden Betty Ford Foundation, 28 percent of lawyers have mild to severe depression; 21 percent qualify as problem drinkers; and 19 percent demonstrate symptoms of anxiety. These alarmingly high rates of mental health distress are greater than those experienced by other professionals. As we all know, attorneys meeting a “full boat” hours requirement have little time for family and friends. Those who do carve out time for a personal life usually do so by sacrificing sleep. For many, this lifestyle can be unsustainable. The ABA study results are thus no surprise. Individuals in jobs that leave insufficient time for family and other important people have a 50-percent higher incidence of depressive symptoms, are three times more likely to have high stress levels, and have far lower job satisfaction and intent to stay with their current employer. Further, the absence of work-life balance is a primary source of job stress, according to the American Psychological Association and the National Institute for Occupational Safety and Health. Many up-and-coming lawyers, particularly millennials of both genders, are turning to reduced-time arrangements when possible. For attorneys and firm leaders interested in taking a closer look at these programs, here are some best practices.

Many up-and-coming lawyers, particularly millennials of both genders, are turning to reduced-time arrangements when possible. HOW ATTORNEYS MAKE IT WORK: Work Five-Day Weeks with Fewer Hours. Attorneys in some larger firms are making the transition to reduced time seamlessly by continuing to work five days a week, thus maintaining easy availability to clients and law firm peers. These attorneys don’t approach reduced time as a rigid daily or weekly arrangement: When the intense work periods come, they are all in; when the work slows down, they know they can cut back 8 The Docket I May 2016

accordingly without being penalized. But the fallback norm is to be available for dinner and family on a regular basis, thereby creating a work-life fit that is sustainable for the long run. Disclose on a Need-to-Know Basis. Many big firm attorneys working on a reduced-time, five-day-a-week schedule see no need to inform either clients or lawyers in other practice groups of their flexible arrangement. This decision mitigates the potentially adverse effects of the “flexibility stigma” on their career development. That said, lawyers need to be transparent with clients about availability. Choose Your Team Wisely. Another secret of success is to work in a practice group, or at a small or mid-sized law firm, that is openly committed to work-life balance and in which attorneys support each other in achieving this goal. Having everyone on the same page makes it feasible. The CBA Committee for Balanced Legal Careers is focusing on flexible work arrangements at small and medium-sized firms this year and is hosting a brown bag lunch program on the subject at the CBA on September 28. Wait Until You’re Ready. For attorneys early in their law practice, the timing of a reduced-time arrangement pitch is a crucial consideration. Newer lawyers should gain a level of mastery in their chosen field, and should build champions in the firm who value their work and trust their work ethic, prior to going on reduced time. And, given the steep learning curve for attorneys, it is also advisable to build up one’s hourly rate, revenues and efficiency level to a point where there is no question about profitability for the firm when you make the pitch. Lastly, from day one, lawyers need to learn and cultivate business development skills so that if they later go on reduced time, they will continue to advance toward partnership. That’s the approach taken by Fisher & Philips, according to Denver office

managing partner Todd Fredrickson, a panelist at a March 2016 CWBA discussion on reduced time programs. Prior to the March event, I partnered with the CWBA to survey its membership on reduced hours programs. While 81 percent of the 177 survey respondents were interested in having a program at their firm, only 42 percent had one.

HOW LAW FIRMS MAKE IT WORK: Many law firms initiated their reduced hour programs to attract and retain women; this is still a strategic imperative. Now, however, they understand that more men like Erik Lemmon, a senior associate at Holland & Hart, go on reduced time to maintain their legal careers, spend time with their children as they grow up and stop sacrificing sleep in the process. For firms seeking a work culture that is more aligned with the modern workforce, here are some important elements of success: • Proportional compensation. General expectations regarding revenues or billable hours, administrative duties, bar activities, etc. are the same, just proportionally adjusted. One exception: Business origination should be credited at 100 percent. • Hours creep is addressed through a process known as “true up.” Many early adopters got this piece wrong, but firms have learned that this is a critical component of a viable program. One example: If an associate on an 80-percent time arrangement works 100 percent time for a particular month, the firm cuts a check for the extra 20 percent at the end of the month. For partners,

this is a more nuanced calculation performed quarterly or biannually. Because some firms are moving toward a revenue-based model of compensation, the formula for addressing hours creep will vary. • Criteria for partnership are clear and transparent for all, including those on reduced-time arrangements. • Men and women are encouraged to use the program for any reason and duration. When firms view their programs as being only for women returning from maternity leave, they achieve few, if any, of their talent goals and aren’t in sync with the modern workforce. • A partner-level program coordinator oversees the program as an administrative duty and serves as a resource to help craft flexible work arrangements and address problems that may arise over time. • Training. Every attorney is trained in how to provide great legal service to clients on reduced time, on the strategic value of the program and on how to make the program successful for all lawyers at the firm. Looking ahead, firm leaders interested in strengthening their reduced hours programs will have the opportunity to learn more at the Center for Legal Inclusiveness(CLI) November 2016 General Counsel/Managing Partner Roundtable. Stay tuned; there is surely more to come. D Judge (Ret.) Mary McClatchey is president of WorkSmart Partners, where she trains and consults with businesses on employer compliance, flexible work strategies and workplace mental health. She can be reached at mary@worksmartpartners.com.

May 2016 I The Docket 9

SUBSTANCE ABUSE RATES AMONG LAWYERS EVEN HIGHER THAN ONCE THOUGHT

By K e i t h Le wis

“It is a great advantage not to drink among hard drinking people.” ~ F. Scott Fitzgerald “Drink the first. Sip the second slowly. Skip the third.” ~ Knute Rockne A recent study published by the Journal of Addiction Medicine found that the rates of substance abuse — especially alcoholism — are even higher among lawyers than previously thought. Many lawyers from the millennial generation have already learned in law school professional responsibility classes that the legal profession produces problem drinkers at rates higher than other professions. However, this recent study, authored by Patrick Krill, Linda Albert and Ryan Johnson, revealed a problem that runs perhaps deeper than anyone previously realized. The study, titled “The Prevalence of Substance Use and 10 The Docket I May 2016

Other Mental Health Concerns among American Attorneys,” sampled 12,825 licensed and employed attorneys across 19 states, including Colorado. The study, which sought voluntary participation through an anonymous online questionnaire, found that one out of five, or 20.6 percent, of practicing American lawyers and judges exhibited signs of “hazardous, harmful and potentially alcohol-dependent drinking.” Comparatively, only about 6.8 percent of the general U.S. population abuses alcohol by this same measure. Legal professionals are therefore over three times more likely to abuse alcohol than the average American. The same study also examined the mental health of respondents, finding that 28 percent of lawyers experienced depression, 19 percent experienced anxiety and 23 percent experienced stress. This is the only data to have been collected on the topic in more than 25 years. A 1990 study of lawyers in Washington state determined that 18 percent of lawyers were problem drinkers and 19 percent suffered from depression.

The authors of the Journal of Addiction Medicine study know something about this topic. Lead author Patrick Krill is a licensed attorney, a board certified alcohol and drug counselor, and a graduate-level instructor in addiction counseling. Krill is also director of the Hazelden Betty Ford Foundation Legal Professionals Program, where he assists lawyers, judges and law students struggling with addiction. Co-author Linda Albert is the program manager for the Wisconsin State Bar Lawyer Assistance Program, which provides mental health and addiction resources for Wisconsin lawyers and judges. In their study, the authors sought to assess alcohol consumption patterns by asking participants to answer the tenquestion Alcohol Use Disorders Identification Test (AUDIT), which the World Health Organization (WHO) developed to ascertain signs of alcohol abuse. The AUDIT assessment is scored on a scale of zero to 40, with a score of eight or more indicating “hazardous or harmful alcohol use.” To assess drug use patterns, participants completed the ten-question Drug Abuse Screening Test (DAST). Finally, the seven-item Depression Anxiety Stress Scales (DASS) test was incorporated to screen for mental health problems among participants. The results indicate a much higher rate of substance abuse and mental health problems among lawyers compared to other professions. For instance, the authors of the study compared the AUDIT-C subset score between lawyers and physicians. AUDITC is a subset of questions within the full AUDIT screen, which asks about frequency and quantity of alcohol use. Using AUDITC, 36.4 percent of lawyers and judges in this study screened positive for indications of alcohol use disorders, while only 15

percent of physicians and surgeons scored positive on the same screening in a 2012 study. The average of all highly educated American professionals is estimated to be 11.8% positive for alcohol abuse, according to a 2003 study. The AUDIT test seeks to assess a person’s “alcohol consumption, drinking behaviors and alcohol-related problems.” Two of the ten questions ask about the number of drinks that a person consumes, but this can be misleading. A standard drink is defined as a 12-ounce beer (containing 5 percent alcohol), 5 ounces of wine, or 1.5 ounces of hard liquor. However, a pint (16 ounces) of craft beer (or hard cider) with higher alcohol volume could be as much as two standard drinks. Many people underestimate the number of alcoholic drinks they consume and the frequency of their drinking. This begs the question of how much does the average American drink? According to a Washington Post analysis by Christopher Ingraham in 2014, 30 percent of Americans do not drink at all. Another 30 percent of Americans drink, on average, less than one drink per month. However, the top 10 percent of American drinkers (24 million people) drink on average more than ten drinks per day. The Centers for Disease Control also reports similar numbers. Krill and Albert readily admit that there are some flaws in their methodology. By seeking voluntary responses from participants by email, the sample is not necessarily random. On one hand, legal professionals with particularly strong opinions on substance abuse and mental health may be more likely to respond, leading to a selection bias. On the other hand, lawyers in the throws of substance abuse at the time may have

Fastest smartest malpractice insurance. Period.

800.906.9654 GilsbarPRO.com May 2016 I The Docket 11

“

... the rates of substance abuse — especially alcoholism — are even higher among lawyers than previously thought.”

avoided responding to the questionnaire. Although confidentiality was ensured and the study did not track IP addresses or email addresses of respondents, some may have declined to respond out of confidentiality concerns. Finally, it has been shown that many people underestimate their own drinking quantity and frequency, and many questions in the survey rely upon participants’ subjective self-reporting of their own drinking patterns. Taken together, these shortcomings may have skewed the results, and the study’s authors admit the methodology is imperfect. However, as the first study in 25 years on the topic, the results show a continued problem of substance abuse and mental health in our profession at rates significantly higher than in other highly educated professions and the general population. Krill’s and Albert’s analysis concluded that “[t]hese data underscore the need for greater resources for lawyer assistance programs, and also the expansion of available attorney-specific prevention and treatment interventions.” Krill recommends expansion of funding and services for lawyer assistance programs and raising awareness within the practice of law. Fortunately, the Colorado Lawyer Assistance Program (COLAP), which is located on Diamond Hill in Denver, provides some resources to Colorado attorneys, judges and law students. COLAP was established by Rule 254 of the Colorado Supreme Court and opened its doors on January 1, 2012. Barbara Ezyk, executive director of COLAP says, “We work really hard here in Colorado to promote wellness. We have to continue to remind attorneys that asking for help is a sign of strength, not weakness,” she explains. Ezyk suggests that the adversarial system can breed uncertainty, and lawyers who are facing trouble become stuck and do not know who they can trust to help. COLAP can help. The program is completely confidential. “We have to do a better job to remind people that this is confidential,” acknowledged Ezyk. The staff of four fields roughly 35 first-time contacts each month, and sometimes as many as 50 first-time contacts in a single month. When a person calls in, “one of the biggest things we do is listen,” says Ezyk. After listening to the problem, COLAP sets up the attorney or judge with an appropriate network of resources that they can utilize to overcome the problem they are facing. This referral may be to a local addiction counselor, psychologist, psychiatrist or even respondent’s counsel for an ethical grievance, if applicable. COLAP is well-networked with support groups and resources throughout Colorado and the program’s central aim is to help. COLAP currently has 137 volunteers who provide confidential peer-to-peer assistance. COLAP also works with Colorado Lawyers Helping Lawyers (CLHL), a volunteer board that provides support groups and assistance. COLAP hosts presentations and exhibit tables at many continuing education events and at Colorado’s two law schools. “Law schools are key,” says Ezyk. COLAP has a presence at 1L 12 The Docket I May 2016

orientation, has office hours every semester, and often accepts invitations to speak to professional responsibility classes at DU and CU law schools. Ezyk and her team work with matriculating law students facing stress about the bar exam and the required disclosures for the Board of Bar Examiners. Ezyk notes that this year’s theme of the ABA Commission on Lawyer Assistance Programs’ Annual Conference is “We’re Better Together.” That is COLAP’s aim in a nutshell. COLAP advocates a focus on wellness in the legal community and wants to help lawyers, judges and law students so that we can better serve our clients and the public. Although the results of the recent publication by Krill and Albert are cause for concern, the rise in availability of support through lawyer assistance programs nationwide is making a positive difference. “I believe the tide is turning; we are making a difference,” says Ezyk. If you need help, please make a difference in your own life and career by reaching out. COLAP can be reached at 303986-3345, or via email at bezyk@coloradolap.org. For more information, visit coloradolap.org. D

Keith Lewis is a Colorado and Georgia licensed attorney who is currently practicing in the Atlanta area. Keith can be reached at keith@lewislawdenver.com.

There IS more than one way to peel a banana. Call Wayne Leiser, J.D. to help settle your lawsuit.

• “A-1 Rated” trial lawyer • 100’s of lawsuits settled • 17 years success in private industry (construction) • Numerous Boards of Directors • Received Highest Business Ethics honor from Denver/Boulder BBB

HOW THE BODY RULES, HELPS AND HEALS THE BRAIN By Lind sey Hanah an As a Certified Laban/Bartenieff Movement Analyst (CLMA) and a Registered Somatic Movement Therapist (RSMT), my training was based on the fundamental connection between body and mind. After all, humans (unlike other mammals) are not born with instincts. If they are left alone in the woods, they die because they do not know (intellectually) or know how (physically) to crawl up onto their mother for sustenance. They must be picked up and taught to suckle in order to survive. Their

ability to think, reason and learn comes from their movement — passing through a series of developmental patterns during their first year and cycling through them again and again up to around 4 years of age in this massive brain development process. It’s therefore no surprise that a quick search on the Internet reveals dozens of studies correlating the connections between movement/exercise and mental health. (Here’s a great Huffington Post link: huff.to/23piqtO). After all, the brain is created through movement and is constantly influenced by it. The brain/

May 2016 I The Docket 13

mental health benefits attributed to physical activity include improved sleep, reduction of stress and anxiety, “feeling good” from the release of endorphins (the body’s natural pain killers), increased brain plasticity (building new brain cells — there’s that developmental piece again!), and improved creativity. It’s important to note that all kinds of movement activities are shown to decrease depression. Recent research, including studies by the World Health Organization (WHO), predicts that depression and the chemical changes it creates in the brain will soon be the number one cause of physical disease in the body. Moving is good for you. I can picture the eye-rolling as you flip to the next pile of contracts, briefs or your email inbox and think, “I did my workout this morning,” “I’ll get to exercising after work,” or “Who the (fill in your favorite expletive) has time to MOVE?!?!?”

{

Moving is good for you

}

Here’s some motivation: In Miranda Esmonde-White’s book Aging Backwards, she devotes a significant amount of time defining “sedentary.” If you work out a few times a week, or even daily, you may think you are “active” and getting all those movement-related benefits in your life. Unfortunately, there’s a rub: A National Health and Nutrition Examination survey shows that most people will sit for six or more hours a day, and other studies put that number as high as 21 hours a day when you combine all sedentary activities, such as sleeping, commuting, watching television and eating. So, even if you are doing your 30-60 minutes of exercising in one fell swoop, you are still considered sedentary and subject to all the disadvantages that it brings in terms of decreased circulation, increased muscle tension and risks of chronic debilitating diseases that rival those of habitual smokers. That’s right: The new catch-phrase for this phenomenon is “sitting is the new smoking.” Sadly, just punching in and out on your exercise time-clock does not do the trick. About half of my practice is made up of a diverse group of attorneys — corporate, civil, employment, immigration, real estate, prosecutors and judges — who tend to have a couple things in common: They are high in their mental IQs (intellectual knowledge) but low in their body IQs (bodily knowledge). As a movement educator, I have my work cut out for me. Smart people, by their nature, think they can change their bodies just by thinking about it. Unfortunately, as I mentioned at the beginning of this article, the body doesn’t learn from the brain: The body teaches the brain. In 1911, Rudolph Laban (LAH-bahn) was already talking about the Industrial Revolution beginning to pull us out of our bodies. More than 100 years later, technology continues to dehumanize us. As we move away from and out of our bodies, we disconnect — literally — with our selves. It stands to reason that this separation causes — you guessed it — anxiety, stress 14 The Docket I May 2016

and strain. Like all good mechanical equipment in poor repair, we begin to break down. But here’s the good news: The repair process can actually be fun.

IT’S TIME TO PLAY AGAIN As kids, most of us played hopscotch, jumped rope, rode our bikes and were in good shape! We learned balance, coordination, got our cardio in, and we never called it “work.” We moved and laughed and played, usually with friends. It was social. It was physical. Our bodies and brains were focused on FUN. When did it become a WORK-out? Now I admit you might get looks if you put a hoola-hoop in your office and get up and use it a couple times a day — but the benefits would be tremendous. You’d move, you’d sweat, you’d probably end up smiling, and half the office would come in and start doing it too. But okay, I understand the need for decorum in professional environments, so here are my suggestions for a few New Rules you can implement to invigorate your mind and your body without attracting so much attention:

NEW RULE #1: When your phone rings, stand up to answer. While talking, pace around your work area, do some squats, and keep a small, spikey rubber ball handy to roll your feet on, stimulating all the nerve endings there (which go directly to your lumbar spine) and breaking up any stiff plantar fascia.

NEW RULE #2: When you hang up the phone (see above), place your hands on either side of your rib cage with the thumbs to the back, touching the tips of your shoulder blades. Take in the biggest breath you can (over about five seconds), trying to push your hands to the sides and your thumbs to the back, and then slowly and fully exhale feeling the muscles between each of your ribs contracting and fully emptying your lungs. Do this three times before returning to your chair. THIS IS A BIG EXERCISE. Full respiration requires the participation and coordination of many muscles, especially your diaphragm and pelvic floor, stimulates your parasympathetic nervous system (which calms your body), lowers your heart rate and blood pressure, reduces anxiety, and creates dynamic support for your posture. Not bad for two minutes! NEW RULE #3: While sitting in your chair, imagine yourself

possible, even when the arm and leg bend. Because most of us spend our entire day in the sagittal plane (think movements going front and back only), activating the lateral muscle structures is like putting scaffolding on the sides of your body to give you extra support, in addition to stimulating your circulation. Adopting these three new rules is a great start to combating a sedentary lifestyle, and you may be pleasantly surprised at the positive psychological impact this increased mobility may have on your personal and professional life with no drugs and no therapy sessions. D

Helpful Links: encased in two pieces of Plexiglas, one in front of you and one behind. Reach one arm up in the air and feel your shoulder blade pull up and away from your hip while simultaneously pushing that same-side hip down into the chair. This will cause your opposite shoulder to slide down. Keep reaching up and down until you feel your body begin to curve to the side. If you don’t feel the curve, you have not reached up and down far enough. Once in the curve, take a huge breath into the open side of your ribs. This will feel GREAT. Return to your start position and do the same on the other side. You can do this standing, pushing the hip, leg and foot down into the floor while pulling the shoulder blade up and reaching through the hand. To feel the entirety of this movement, a Body-Half Pattern, lie on the floor and do it. The side you are not opening will naturally begin to close. I call this “Gingerbread Man” because you want to stay as flat as

Rudolph Laban wikipedia.org/wiki/Rudolf_von_Laban Irmgard Bartenieff wikipedia.org/wiki/Irmgard_Bartenieff

Lindsey Hanahan is a Denver-based movement therapist, Pilates instructor and owner of MOVE Studios. She can be reached at lindsey@movestudiosdenver.com or visit movestudiosdenver.com.

2016 Seniors Spring Banquet The Denver Bar Association Seniors Committee invites

you to its best event of the year, celebrating those DBA

2016 Honorees

members who have reached 50 years of participation

Peter A Bjork Rebecca L Bradley Samuel H Brown Douglas M Cain Robert I Cohen George E Conley Paul D Cooper James E Culhane Brian T Dolan David L Erickson Richard A Francis Michael Glaser James S Golanty Harold A Haddon J. Lawrence Hamil Richard P Holme Richard M Hopper Robert J Kapelke

in the legal profession.

Wednesday, June 8 Drinks at 5:15 p.m. Dinner at 6 p.m. Presentation at 7 p.m.

The University Club 1673 Sherman Street, Denver

Tickets are $50 per person, all are invited to attend RSVP with all attendee names and any special meal requirements to Alexa at adrago@cobar.org or 303-824-5313.

Richard M Koon Christopher Lane Peter H Ney Jon S Nicholls Kent R Olson Robert L Pitler Peter W Pryor William F Robinson III Frederic Rodgers John J Rossi Merrill Shields Norman J Singer Brian A Snow Joseph H Thibodeau Peter D Van Soest Thomas M VanCleave III Leonard N Waldbaum Robert J Welter

May 2016 I The Docket 15

DEALING WITH

DIFFICULT PERSONALITIES By Sar ah M y e rs, JD, LMF T, L AC In the practice of law, there are many circumstances that increase the possibility we will encounter difficult personalities, particularly when the adversarial process is a prized component of the profession. When we work or live with individuals who exhibit negative traits, such as aggression, being a know-it-all, compulsive talking, the need to be the center of attention, codependency, or shaming, it can take a toll on our emotional, mental, and even physical well-being. Understanding the origins of these behaviors can help us respond in ways that improve healthy communication with others who might exhibit these traits while preserving our own sanity in the process. We all grew up in environments where certain emotions were allowed to be expressed and certain emotions were not. In some households, for example, a child was encouraged to speak proudly about his or her accomplishments, while in others, sharing accomplishments was a punishable offense. Depending on our upbringing, we learned and practiced certain methods of communication and expression that we continue into adulthood. One such method common among many judges and lawyers is perfectionism. The practice of law is a highly detail-oriented profession, and that lends itself to the need for perfectionism. Research shows that perfectionism interferes with successful relationships and personal well-being. A 2015 study by the American Bar Association’s Commission on Lawyer Assistance Programs in conjunction with the Hazelden Betty Ford Foundation found that attorneys in the U.S. have significantly higher rates of problematic drinking and mental health problems than the general public. The statistics aren’t surprising, considering the amount of stress that attorneys are under, or that they impose on themselves as a result of their perfectionistic tendencies. Perfectionism is an attempt to control the world around us and within us, which is essentially an exercise in futility. It takes courage to accept the imperfect world that we live in and the imperfect people in it. When the unpredictability of the imperfection frightens us, or we believe that things have to be a certain way in order for us to be happy or content, we might try certain tactics to make us feel better, such as being highly critical of others, overreacting to situations, making sure everything in the environment is spotless, or obsessing over every little “mistake.” If someone has been practicing a certain mindset, such as perfectionism, for years, it becomes an addiction. Thankfully, addictions to emotions or personality traits can change. This takes mindfulness, awareness and discipline. Sometimes outside assistance from friends, family, therapists or other mental 16 The Docket I May 2016

health professionals is needed. Sadly, the very nature of such behaviors and ways of thinking often prevent the individuals who could benefit from mental health assistance from getting it. In the meantime, what can we do when we have to deal and cope with these individuals and their behavioral addictions that negatively impact us on a daily basis? The first step is to recognize that this individual is essentially paralyzed emotionally and behaviorally in a perpetual child-like state. Examine their reaction to a situation as if that person were a child or adolescent. Adults, especially those who have traumatic or compromised pasts, such as being emotionally neglected as children, are simply children in bigger bodies. Dramatic, melodramatic and passive-aggressive expressions of emotion are childlike traits. If an adult is exhibiting these traits, or experiencing negative, neurotic thoughts on a regular basis, they are stuck in the past.

“Thankfully, addictions to emotions or personality traits can change. This takes mindfulness, awareness and discipline.” In certain contexts, these traits are rewarded by our society. Narcissists, for example, are so self-absorbed that they lack empathy for others around them and can become angry if they are not the center of attention or do not receive enough adulation or praise. These traits, by definition, make them narcissists but also allow them to control companies, a courtroom, a law firm, a legislature, a country, the military or even the stock market. If we reward difficult personality traits, or willfully ignore them and therefore enable them, there is hardly an incentive for these individuals to change. The second step thus involves changing our own reactions to their behavioral addictions. Oftentimes, naming “the elephant in the room” is a helpful way to deal with awkward situations when a person is exhibiting difficult personality traits. However, we obviously can’t tell opposing counsel or a senior partner at the firm, “You are reacting to this the way a three-year-old throwing a temper tantrum would.” The difficulty in the legal profession is that we can logistically or perceptually become trapped by the threat of retaliation if we speak honestly with those who are exhibiting difficult personality traits. It takes an immense amount of courage to respond to the situation maturely, regardless of how the other person is behaving. This is the essence of not taking something personally. The third step is to take a deep breath and take a literal or metaphorical step back from the interaction and, if possible, physically remove yourself from the situation, even if you have to cite the excuse of looking for more coffee. Hopefully, upon your return, the individual will be in a slightly different mood, or has been distracted by something else, and you will be “out of the line of fire” and able to continue a professional conversation with that individual. The worst thing you can do is “poke the bear.” Sinking to their level and getting your nervous system activated (with fight/flight/freeze/faint responses) will only

make things worse. Stay calm and speak your mind as clearly as you can without blaming, criticizing, judging, belittling or attacking the other person. Just because they are acting like a child doesn’t mean you have to join them in their sandbox mentality. D

Sarah Myers, JD, LMFT, LAC is the clinical director for the Colorado Lawyer Assistance Program (COLAP). COLAP provides free and confidential services for judges, lawyers and law students. If you need resources for ANY issue that is compromising your ability to be a productive member of the legal community (including your personal relationships), or if there is someone you are concerned about, contact COLAP at 303-986-3345. For more information about COLAP, visit coloradolap.org.

Ap pr ov ed f or Ge ne ra l & Ethics CLEs

10TH ANNUAL

LEGAL INCLUSIVENESS & DIVERSITY SUMMIT May 2 | Sheraton Denver Downtown

INCLUSIVENESS INSTITUTE May 3 | Holland & Hart

DISTINGUISHED PRESENTERS & CUTTING-EDGE TOPICS (From left) c ivil r ights attor ney Benjam in Crum p, diversity expert Sh aron Jones, Project Implic it’s Jordan Axt, strategist Judy Hissong, master trainer Lee Mun Wah, and more.

Staying

PROFESSIONAL

taining objectivity and trying not to take disagreements personally).

2. PICK UP THE PHONE David Little, one of our firm’s founding partners, was recently honored with a lifetime achievement award from the Colorado Bar Association. In his acceptance speech, he repeatedly encouraged lawyers to pick up the phone and talk to each other instead of just sending an e-mail. I used to initiate “conversations” by sending a lengthy e-mail to opposing counsel. Now I prefer to talk on the phone first and document the conversation later. This is not just good ethics practice, it is good for your clients as well. Trying to resolve disagreements by e-mail is inefficient and results in high bills for your client. Think about all the time you waste by typing out long e-mails that are based on misunderstandings. Direct conversations with opposing counsel are more “real-world” oriented and lead to more efficient results. See CPP Principle III (cooperation is a guiding principle of conduct).

3. STAY HUMBLE

By M ich ae l R . McCormick

1. WAIT UNTIL YOU ARE CALM TO RESPOND Has this ever happened to you? You are under stress and about to leave the office. Then you receive an insulting e-mail from opposing counsel. You are infuriated. What a jerk. You type out a contentious response showing why they are incredibly wrong, point by point, and press send. Then you almost immediately regret sending such an impulsive response. I have almost always regretted sending this kind of response. On the other hand, I have almost never regretted wait18 The Docket I May 2016

ing overnight before responding. When I come back the next morning, I am more objective, detached, professional and business-like. Remember, litigation is our society’s alternative to armed conflict. It is natural for you to feel stress because your client is in a serious conflict. But that doesn’t mean you have to aggravate it. Instead, you can be a peacemaker. If you follow conflict avoidance techniques, such as a waiting period before responding, it will help both you and your clients. See Colorado Principles of Professionalism (CPP), Practical Consideration 3.3 (courtesy and respect for opposing counsel, main-

No one likes an arrogant lawyer. Winning or losing is often more about the merits of your client’s position than your individual performance. While it is true that the quality of your lawyering can affect the outcome of a case, it often is not the most important factor. Is your case 100 percent correct on every point? Or does your opponent’s position have some merit too? Understanding the flaws in your own case will help you be more circumspect before you pick a fight with opposing counsel. See CPP Practical Consideration 4.7 (“Neither we nor our clients are the sole possessors of truth or righteousness in any circumstance.”)

4. REMEMBER IT’S NOT ALL ABOUT YOU Your case is not just about you. It is about your client and the justice system as a whole. Try to remember what your client’s best interest is. Is it in your client’s best interest for you to quarrel with opposing counsel because your feelings were hurt? See CPP Practical Consider-

ation 12.2 (“We will commit to treat the representation of the client as the client’s transaction, dispute or controversy, and not as a personal dispute with opposing counsel.”)

(“Justice is not achieved where short-term victory plants the seed of future conflict.”)

5. EMPATHIZE WITH YOUR OPPONENT

As lawyers, we can choose to seek justice and mutually beneficial outcomes or we can aggravate our client’s dispute for our personal gain. This is not just bad for your client, it is bad for you too. You may gain in the short term, but in the end it will take away your health and sanity. “[J]ust as legal action pursued for legitimate ends can accomplish great good, legal action pursued for improper purposes or by unjust means can cause great harm.” CPP Practical Consideration 4.1.

The opposing party is a human being that suffered an injury and has hurt feelings, whether real or imagined. Your opposing counsel is also a human being. She is trying to do the right thing for her client just like you are. She is under stress and makes mistakes just like you do. If you want to be treated well, then treat opposing counsel with respect and consideration. That includes being gracious with respect to deadlines when you can be. See CPP Practical Consideration 10.4 (spirit of cooperation and accommodation in scheduling matters).

6. YOUR ENEMY TODAY MAY BE YOUR FRIEND TOMORROW A good lawyer knows when to show mercy and compassion to opposing counsel because they realize they are not far from being in their opponent’s position. You may be winning today but tomorrow you may lose. Even if you are winning now, you may not be far away from having to negotiate a settlement agreement with opposing counsel. There are almost always difficult times during the settlement process when you will have to trust the other side to deliver something or take some action. Why should opposing counsel treat you with respect and dignity during the settlement process if you did not treat her that way during litigation? See CPP Practical Consideration 4.6

7. REMEMBER THE BIG PICTURE

CONCLUSION Please set aside this article for the next time you get a nasty e-mail. When it happens, close your door, take a deep breath and skim through the main points again. Take some time and get some perspective before you respond to opposing counsel. “Above all, a lawyer owes to all with whom the lawyer comes in contact, civility, professional integrity, and personal dignity.” CPP Principle XIII. Then, pick up the phone and call opposing counsel. You’ll be glad you did. D Michael R. McCormick is a non-equity shareholder with Montgomery Little & Soran who practices in the field of complex civil litigation with an emphasis on professional liability defense. He can be reached at mmccormick@montgomerylittle. com.

May 2016 I The Docket 19

COMING HOME: LESSONS LEARNED FROM AN IRAQ DEPLOYMENT By K arthik Ve nkatr a j

I STEPPED OFF A CHARTERED CIVILIAN aircraft in Kuwait City and was bussed to one of our large bases in Kuwait. When I got to the base, I was told that I was heading to Iraq and was instructed to place my bags on a particular bus and prepare to leave to an air force base. In four hours, I was handed ammunition, threw on my body armor and was on a C-130 heading to the next chapter of my life: Iraq. Over the next six months, my Task Force, assembled with units from over three different states, accomplished one of the most difficult tasks in Operation Inherent Resolve: our nation’s war against ISIS. During this experience, we worked intimately with our coalition and Iraqi partners to accomplish tasks that continue to define the battle space. I came home just before Christmas to a relieved fiancée and family, and the transition began. A month later, I was sitting in Evidence classroom learning about Rule 403, but my mind was still in Iraq. It was difficult to reintegrate with my law school classmates, who were amazing throughout the process. As an old warrant officer explained to me, there are two phases of reintegration: 1) the honeymoon phase where you forget you ever left; and 2) the “real” phase where it creeps up again. As I reentered law school, phase two began. Through it all, I was blessed with an amazing and understanding fiancée and an incredible family. The decisions our military is called to make and the conditions we face are issues that most of our fellow Americans will never have to deal with or understand. But it is this difficult marathon that defines our nation’s wars. These are the decisions that we, as combat veterans, think about almost daily when we come home. And, my task force was blessed — everyone came home in our deployment. The camaraderie and brother/sisterhood formed during these times are unbreakable and last a lifetime. 20 The Docket I May 2016

Karthik Venkatraj and his fiancée. For me, seeing my deployment brothers and sisters at our Welcome Home Ceremony, held a few months after our actual date of coming home, was one

extends beyond our unit to the larger legal community within both the military and military community support networks.

“Our veteran community is not just members of the JAG Corps; we are clerking at all levels of our judicial system and working at our state’s largest firms. “ of the most poignant moments of my life. Seeing their spouses, their children and the people who made them the special people they are is something that I will forever cherish. This network also

Our veteran community is not just members of the JAG Corps; we are clerking at all levels of our judicial system and working at our state’s largest firms. Indeed, some of us are continu-

ing our service in the National Guard and Reserves while pursuing our civilian occupations. We bring a unique skillset, a dedication and devotion to a mission, and a sense of maturity tied to global awareness. Taking care of our soldiers became my priority both as a young captain and in my civilian capacity. I have been in long enough to know that our soldiers are not always perfect, but I have also been in long enough to know that they are the best our nation has to offer, and they deserve only the best our nation can give. These soldiers are not only my motivation to serve, but they have changed the course of my career ambitions. They make our nation exceptional. Since returning from Iraq, my focus has shifted to exploring how I can best serve our veteran community. The combination of my legal background and military experience has allowed me to understand the severity of the legal challenges vet-

erans face when they return home. This is a challenge that our judicial system has just begun to address with the creation of Veterans Trauma Courts (VTC). There is a lot of nuanced literature on the growth of VTC; my intent is merely to advocate for their establishment and continued proliferation. It is the least our judicial system can do for those we asked so much from. D

Karthik Venkatraj is a captain in the Colorado Army National Guard and completed a six-month tour in Iraq in support of Operation Inherent Resolve, our nationâ&#x20AC;&#x2122;s war against ISIS. He is president of the Military Law Society and was co-managing editor of the University of Colorado Law Review. He was recently elected president of the Student Bar Association at the University of Colorado Law School. He will summer at Brownstein Hyatt Farber Schreck LLP. He can be reached at kave7403@colorado. edu.

May 2016 I The Docket 21

A LOOK AT THE LEGAL PROFESSION FROM A LAWYER-PSYCHOLOGIST’S PERSPECTIVE

By S co t t C h allinor Typically, when contemplating ways to lower one’s blood pressure, attending law school is not at the top of the list. However, “typical” does not define the accomplished career path of Dr. Stuart Kutz, a forensic psychologist here in Denver who, until very recently, was also a practicing probate attorney. While working as a practicing psychologist in Louisiana in the mid-1990s, managed care and its accompanying changes swept through the field, and Kutz felt his blood pressure rising. To counteract his malcontent, he did what we know to be the only logical thing: Enroll in law school. After graduating magna cum laude from Duke University with a B.S. in psychology in 1973, Kutz “almost” attended law school. However, he pursued a different path, earning a Ph.D. in clinical psychology from Purdue University in 1979. Kutz spent most of the next 16 years in Louisiana, where he started out working at a large state mental hospital. 22 The Docket I May 2016

Having contemplated an early retirement but deeming that an unsatisfactory exit plan, he revisited the law school option and, in his mid-40s, enrolled in the University of Denver Sturm College of Law. The transition from psychology to law was not always smooth. Despite doing well in law school and graduating in two-and-a-half years while working part-time as a psychologist to support his family, some prospective employers seemed wary of his psychology background. In one interview, he recalls that he was asked if he would “psychoanalyze” the staff. “I thought that was a bad sign,” he noted and predictably did not end up getting that job. After graduating from law school in 1998, Kutz went on to clerk at the Denver District Court for two judges handling civil dockets. It was during this chapter of his life that he was introduced to Judge Jean Stewart, who was the then presiding judge for the Denver Probate Court. This chance introduction to probate provided the perfect segue into his

eventual solo probate practice, where his psychology background proved particularly valuable. When asked whether his background as both a forensic psychologist and probate attorney has enhanced his performance in each field, he offers the word “definitely” as a decisive conclusion. Kutz only recently went on “inactive status” as a lawyer and is now focusing exclusively on his forensic psychology practice. “It was really getting more and more difficult to juggle the psychological caseload and examination appointments with, for example, representing mental health respondents for hearings with very tight timetables.” His work involves performing court-ordered neuropsychological exams for civil and probate capacity matters. These exams assess an individual’s ability to make decisions about health and welfare in the context of a guardianship and manage personal finances and assets in the context of a conservatorship. They also test a person’s contractual and testamentary capacity. A forensic practice stands in contrast to a clinical practice, the popular conception of which may include a patient on a couch discussing personal problems with a therapist over an extended period of time. A clinical psychologist focuses on the patient, and the scope of the work

Dr. Stuart Kutz

is “defined by the patient, the provider owes allegiance to the patient, and it is not heavily reliant on collateral information,” with the ultimate goal being the diagnosis and treatment of psychological disorders. According to Kutz, this contrasts with forensic psychology, where “the goals are defined by the legal issues and not by the client. It is not about treatment, it is not about therapy. It is about evaluation of that individual relative to the legal standard.” The evaluations he performs typically consist of two 90-minute sessions. Depending on the issues that need to be covered, sometimes five or six hours of evaluations are needed. As he explains, “Typically I spend just as much time — if not more time — reviewing documents and interviewing collateral sources: information from guardians ad litem, guardians, medical providers, family members, police reports, as well as the court pleadings.” The evaluation consists of several tests designed to assess an individual’s memory, other cognitive abilities, and emotional and behavioral functioning. “The point in assessing capacity really

isn’t just a ‘score’ relative to others in the age range and whether the individual is average, below average or above average, but the quality of the individual’s performance and functional abilities,” he says. With his legal background, Kutz has the benefit of understanding the legal nuances behind his psychological work. Regarding the legal standard for “capacity,” he notes: “It is one thing to be told by referring counsel, ‘this is the law and this is what the law says,’ and it’s another thing to more fully … appreciate the nuance and understand what that statute means, what the case law says and how it all evolved.” He now finds that he wr ites his reports with an eye for possible cross-examinations, even of other psychologists. As he puts it, “The data should speak for itself. That makes testifying much easier, because it’s not about me or some magical conclusion — it’s about the data I have amassed.” When asked if he had any special insight into the stresses facing attorneys, Kutz does not have any specific advice but acknowledges the many changing demands that such professionals face.

Nonetheless, he does not believe his background affords any unique perspective or advantage regarding the day-to-day stresses of the legal profession: “I don’t know whether I am necessarily really any better off — maybe I would like to think that I am — but when you’re in the middle of all the conflict, it can be difficult to gain perspective. Perhaps I have a bit more sensitivity to some of the warning signs, but again, when you’re in the middle of it, it’s going to be stressful no matter who you are.” Despite the statistics, Kutz remains an optimist, stating unequivocally that “I think the legal profession is great.” He went on to comment, “It holds a lot of impact over crucial aspects of people’s lives and it is an extremely important profession. Every profession has its ups and downs, people with certain difficulties, but someone has got to decide these issues. Someone has to get in there and litigate them and represent people’s interests.” D Scott Challinor is an attorney at Conover Law, LLC and can be reached at scott@conoverlawllc.com.

May 2016 I The Docket 23

CRAIG HOSPITAL:

Its Remarkable Treatment for People with Spinal Cord and Traumatic Brain Injury accident, and he would need intensive rehabilitation to help him slowly heal and transition back to independence. Mark’s doctors and family decided to send him to Craig Hospital.

“... the attitude at Craig Hospital is that regaining independence is not a matter of ‘if’ but ‘when.’” Craig Hospital uses a comprehensive, individualized and family-friendly approach to SCI and TBI rehabilitation. As a specialty hospital, Craig dedicates 100 percent of its clinical resources to SCI and TBI. Craig Hospital. Among its many benefits, the hospital’s specialized focus means that SCI/TBI patients and their families By E de n Roll and are surrounded by other patients dealing with similar injuries, offering peer support that has a major positive impact on rehaWith The Docket’s focus this month on mental health, it bilitation outcomes. Craig Hospital states that its “graduates” seemed appropriate to highlight and applaud the great work (the hospital’s term for its former patients) experience greater happening right here in the Denver area for people who expefunctional independence, reduced medical complications, rience mental health injuries of the most catastrophic kind. improved productivity and lower long-term costs than patients Craig Hospital, located in Englewood, Colorado, is a not-forat general rehabilitation centers. profit, free-standing specialty hospital that focuses exclusively Craig Hospital takes an interdisciplinary, team-oriented on treating and rehabilitating people with spinal cord injury approach to rehabilitation. Because neurological injuries are (SCI) and traumatic brain injury (TBI). Since becoming a specomplex, many different medical and health professionals cialty hospital in 1956, Craig has treated more than 31,000 SCI become involved in each patient’s highly individualized care and TBI patients and sees approximately 500 inpatients and plan. In addition to the patient and the patient’s family, a 1,400 outpatients every year. At any given time, Craig is treatpatient’s interdisciplinary team includes a physician who maning 50-55 SCI patients and 25-30 TBI patients. The hospital has ages the team and oversees the patient’s care from start to garnered national recognition for its rehabilitation services and finish; a nurse and nurse technician; physical, occupational and outcomes, including being ranked consistently as a “Top Ten” rehabilitation center by U.S. News & World Report, receiving prestigious awards for nursing and in 2014 being placed in the top 150 places to work in healthcare. Craig Hospital helps people like Mark Glaser. In the summer of 2010, Mark and his wife Robyn were riding home on their motorcycles after a weekend trip in the mountains. As they rode east on Highway 50 toward Salida, Colorado, a car abruptly turned in front of them, and Mark was thrown from his bike. He impacted the side of the car head-on and suffered a broken neck, a collapsed lung, and multiple other internal injuries. He was taken to a hospital in Salida and from there to St. Anthony Hospital in Lakewood, where doctors managed to stabilize him. It would be ten days before Mark came out of his ensuing coma, and another three weeks before he began to understand what recreation therapists; and a clinical care manager, psychologist had happened. and community reintegration specialist, among others. During that time, doctors successfully performed internal Craig Hospital also particularly encourages family involvestabilization surgery on Mark’s neck and were able to determine ment in the rehabilitation process. As Mark Glaser described, that Mark had luckily not sustained any injuries to his spinal during his five-week stay at Craig, his relatives were always welcord. However, Mark’s brain was injured from the trauma of the come at all hours, and hospital staff treated them as an integral 24 The Docket I May 2016

part of his recovery process. Lisa Stites, a marketing and communications specialist at Craig Hospital, emphasized Craig’s philosophy that when a catastrophic injury occurs, it doesn’t just happen to one person, it happens to the whole family. In keeping with this idea, Craig Hospital has a family housing building on its campus for outpatients and families of inpatients. For inpatient family members coming from more than 60 miles away, the first 30 days of housing are offered free of charge. During a person’s stay at Craig, the overall focus of the rehabilitation team is to achieve the person’s maximum return to independence. As Mark Glaser said, the attitude at Craig Hospital is that regaining independence is not a matter of Mark Glaser with his family. “if ” but “when.” Rehabilitation is hard work that takes time, but Mark says that the staff at Craig Hospital “push and push, and support and support” throughout the process. Craig Hospital’s positive attitude is expressed succinctly in its motto for patients: “Although your life has significantly changed, you still can go back into the world and have a good life, and we will show you how.” Craig Hospital continues to grow and expand its impact in the community. In 2014, it broke ground on extensive renovations to update and expand its facilities. To date, the hospital has added 85,000 square feet of new space and renovated 135,000 square feet of existing space. Changes include larger clinical spaces, a new outpatient clinic, expanded space for community reintegration programs, a nursing education area and more space for volunteers. In addition, just last month, Craig Hospital announced that it would become a leading sponsor of Operation TBI Freedom, a Colorado Springs-based non-profit organization that supports veterans and active military duty personnel with TBI. Among its services, Operation TBI Freedom offers crisis management, employment training, mental health referrals and benefits assistance to the approximately 7,200 service members

in Colorado who have returned from conflict with a TBI. There are multiple ways to get involved and support Craig Hospital. One readily available opportunity is to volunteer at “Family Night,” a monthly, volunteer-prepared family-style meal at the hospital for patients and their families to eat, relax and socialize with one another. Many other opportunities exist through the Craig Hospital Foundation. You can sponsor or attend a Foundation event to raise money for Craig Hospital programs and services. You can also participate in the Columbine Run for Remembrance on May 7, the Belair Sitework Services Clay Sporting on May 20, or the bike race “Pedal 4 Possible” on June 18. It is possible for individuals to volunteer with patients, assist during therapy sessions, join the Community Engagement Team or make financial contributions. In addition to supporting the renovation and general operation costs, funds raised through the Craig Hospital Foundation are used to support services not covered by a patient’s insurance, such as extended outpatient therapy, therapeutic recreation and adaptive equipment for daily living. Without a doubt, Craig Hospital is a remarkable place that provides remarkable care for people with SCI or TBI. For more information about Craig Hospital and to learn about volunteer opportunities, visit Craig Hospital’s website at craighospital. org. D

Eden Rolland is a 2015 graduate of the University of Colorado Law School and is currently a Litigation Fellow at the Denver City Attorney's Office. She can be reached at edenrolland@gmail. com.

DENVER LITIGATORS

www.ColMediators.org May 2016 I The Docket 25

Practitioners from across key practice areas provide their time and expertise to help produce the Annual Survey of Colorado Law, a yearly compilation of updates of Colorado case law, statutory, and regulatory developments. The 2015 edition is no exception: 45 authors provided updates in 28 chapters. The 2015 edition of the Annual Survey of Colorado Law is available in a handy, soft-cover format. You can also purchase individual chapters in easy-to-read PDF files, available for download for use on your computer, laptop, or e-device. Available for immediate download: t Single Chapters and Practice Areas Get the book or get a PDF of one chapter, and keep current with Colorado law. And, buying individual chapters is affordable; only $8.95 for each chapter ($12.95 for non-CBA members.) 8.5 x 11-inch format, soft-cover, 418 pages CLE Item Number: ZASOCB15B CBA Member Price: $49 Non-Member Price: $65

ANNUAL SURVEY 2015

Annual Survey of Colorado Law, 45th Edition

FREE ng Shippi

TABLE OF CONTENTS Administrative Law by Sheila H. Meer Alternative Dispute Resolution by Emily Wasserman Bankruptcy Law by Kimberley H. Tyson, Holly R. Shilliday, and Robert J. Shilliday III Civil Procedure by Troy R. Rackham Conflict of Laws by Ved P. Nanda Constitutional Law by Richard B. Collins Construction Law by Carrie L. Ciliberto Criminal Law by Eric A. Samler and Hollis A. Whitson Eminent Domain by Brandee L. Caswell Environmental Law by Gabriella Stockmayer, Olivia D. Lucas, Caitlin M. Shields, and Brian M. Larson w Ethics and Professional Responsibility by Alec Rothrock w Evidence by Laura Trask Schneider w Family Law by Ronald D. Litvak, Timothy R.J. Mehrtens, and W. Benjamin King w Health Law by Gregory S. Lindquist, Gregory James Smith, and Matthew Ullrich w Insurance Law by Richard W. Laugesen w Intellectual Property Law by William F. Vobach w Juvenile Law by Clancy J. Johnson and Melanie Jordan Three Convenient Ways to w Labor and Employment Law by Gillian McKean Bidgood and Elizabeth Phillips ONLINE AT: www.cobarcle.org w Local Government by David W. Broadwell CALL: IN DENVER 303.860.0608 w Medical Malpractice Law by Sheryl K. Bridges and Sara C. Sharp TOLL FREE 888.860.2531 Downing Megan w Motor Vehicle Law by Abraham V. Hutt and w Oil and Gas Law by Estee A. Sanchez STOP BY: Our office and save on shipping! w Real Property Law by Frederick B. Skillern w Taxation by Tyler Murray w Torts by David S. Werber w Trust and Estate Law by Jamie J. Roth and Paul Smith w Water Law by Carrie L. Ciliberto w Workersâ&#x20AC;&#x2122; Compensation by Matthew Boatwright, Jessica Melson, and Joseph W. Gren

w w w w w w w w w w

COLORADO

CLE

The nonprofit educational arm of the Colorado Bar Association and the Denver Bar Association 1900 Grant Street, Suite 300, Denver, Colorado 80203-4303

26 The Docket I May 2016

Order:

Sign up today for the Wheels of Justice Cycling Team and get team cycling gear! • Our Team: 250 riders from all walks of life and skill levels • Our Ride: Copper Mountain, July 23-24, 2016 • Our Cause: Center for Cancer and Blood Disorders at Children’s Hospital Colorado • Our Goal: 250 riders and $400,000 raised Register at www.wheelsofjusticecycling.org today! Contact Aaron P. Bradford at Aaron.Bradford@hklaw.com with questions.

Our amazing sponsors have donated $80,000 to support the Center for Cancer and Blood Disorders at Children’s Hospital Colorado.

Supreme Level

Partner Level

Associate Level

Super Friends

May 2016 I The Docket 27

Colorado CLE Calendar

May 2016

REGISTER ONLINE OR CALL TODAY! LIVE EVENTS AND LIVE WEBCASTS May 10, 2016 The Americas: Acquiring or Selling a Business Submitted for 1 General CLE credit

May 3, 2016 The New CFPB Regulations: Colorado Mortgage Loan Originator Regs & Personal & Family Lending Submitted for 1 General CLE credit

May 12, 2016 A Crash Course in Motor Vehicle Accident Law 2016 Submitted for 6 General CLE credits

May 4, 2016 A Primer on Advising Nonprofit Organizations Submitted for 4 General CLE credits

May 13, 2016 Water Law 101 in 2016 Submitted for 7 General CLE credits

May 5, 2016 25th Annual Institute on Advising Nonprofit Organizations in Colorado Submitted for 6 General CLE credits

May 19, 2016 Quiet Title Actions: The Basics Plus Selected Advanced Topics Submitted for 7 General CLE credits

May 6, 2016 48th Annual Rocky Mountain Securities Conference Submitted for 9 General CLE credits, including 2 Ethics

May 25, 2016 Join the Honorable John Webb on: Better Appellate Writing, Briefing, and Oral Argument 2016 Submitted for 4 General CLE credits, including 1 Ethics

May 6, 2016 Evidence Practicum for Family Lawyers: Courtroom Techniques - LIVE ONLY!! Submitted for 9 General CLE credits

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

May 4, 2016 Landlord Tenant Law: What to Do When Vacancy Rates are Low and Rents are High Submitted for 7 General CLE credits May 5, 2016 Medical Malpractice: Hot Topics 2016 Submitted for 7 General CLE credits

May 25-26, 2016 A Primer on Advising Nonprofit Organizations AND 25th Annual Institute on Advising Nonprofit Organizations in Colorado Submitted for 10 General CLE credits

May 13, 2016 Drones: A UAS Primer for Lawyers Submitted for 8 General CLE credits May 19, 2016 Family Law Spring Update 2016: Counselor's Focus on the Child, Client and the Court Submitted for 8 General CLE credits, including 2.6 Ethics

COLORADO

CLE

28 The Docket I May 2016

Colorado CLE

VIDEO REPLAYS

May 20, 2016 The Art and Science of Jury Selection: Criminal Law Spring Update 2016 Submitted for 6 General CLE credits, including 1 Ethics

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

www.cobarcle.org

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

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

JOHN A. HELFRICH and his wife participated in one of the January trips to CUBA organized by the CBA.

Colorado Law alums JESSICA ALLEN and VANYA AKRABOFF enjoyed their adventures in ILLA GRANDE, BRAZIL after completing the bar exam last July.

Harrison Meyers and his girlfriend Gill Brooks escaped to the GALAPAGOS ISLANDS last winter.

May 2016 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 80203. Phone: 303-824-5319. Fax: 303-861-5274.

Troubled by Rude and Unprofessional Attorneys? The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips and strategies for dealing with opposing counsel: James O’Connor: 303-799-9001

BRIEFS DBA Lawyers Softball — June Through August The headline pretty much says it all. Get out of the office on a Sunday morning and enjoy the beautiful outdoors! This league is just plain fun. There are no umpires, so there are no called balls or strikes. It’s co-ed, and it’s inexpensive. You don’t even have to be a lawyer to play — staff, family, friends, clients and relative strangers are all welcome. Games are Sundays at 11 a.m. from June 5 to August 7 at Crestmoor Park. Interested captains should contact Jack Tanner at jtanner@fwlaw.com or Courtney Hirsekorn at chirsekorn@fwlaw.com.

Marketing and Business Development for Young Lawyers — Wednesday, May 4 Join us for our annual skills building event on Wednesday, May 4, at 5:30 p.m. at the Denver Bar Association. This year, nationally recognized speaker Mark Beese, will present “Marketing and Business Development for Young Lawyers — Four things you need to do to create a career that you want.” A short networking session with refreshments will begin 30 The Docket I May 2016

Steve McBride: 303-740-7422 Marion McBain: 303-635-2246 Sponsored by the DBA Peer Professionalism Assistance Committee.

COLAP

(including ethics CLEs). For more information or for confidential assistance, please contact COLAP at 303.986.3345 or visit our website at coloradolap.org

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

DBA Placement Services

at 5:30 p.m., with the 1.5-hour interactive presentation starting at 6 p.m. Cost for members is $15, non-members $25 and law students $10. RSVP by emailing lunches@cobar.org or calling 303-8601115, ext. 727.

at the Ralph L. Carr Colorado Judicial Center. Learn from speakers including Paulette Brown, Michael Schwartz, Ida Abbott and Karen Hester about topics ranging from the nuts and bolts of creating a successful legal mentoring program to avoiding the risks of potential liability from conflicts and client confidentiality issues. For more information, visit bit. ly/1PRr0Jy.

Judicial Excellence Awards Nominations The Colorado Judicial Institute has opened nominations for the 2016 Judicial Excellence Awards. Please help celebrate judges and magistrates across Colorado by submitting a nomination. Submit your nominations online at coloradojudicialinstitute.org by Thursday, May 5.

Sean May Memorial Run/ Walk — Saturday, May 7 Support a runner or sign up to run! Be a part of the Eighth Annual Sean May Memorial Run/Walk on Saturday, May 7 at Barr Lake State Park. All proceeds from the race will benefit Access to Justice programs. Visit seanmaymemorialrun.org to register.

National Legal Mentoring Consortium Conference — May 5–7 Join judges, lawyers, bar officials, court administrators, law professors and other law professionals in a discussion about the importance of legal mentoring

As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations. Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accounting, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-8940014 or email dbaps@earthlink.net.

Rapids Game — Wednesday, May 11 Join your fellow YLDers on May 11 at the Marcos Pizza Canopy at Dick’s Sporting Goods Park and watch the Rapids take on the Sporting KC. Attendees will have their own private area in the stadium reserved with tables and chairs and will be able to enjoy a great view of the game. The game starts at 7 p.m. Cost to attend is $25, which includes the game ticket, pizza and soft drinks. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Barristers After Hours at Ignite — Thursday, May 19 The Young Lawyers Division and the CBA Solo and Small Firm Section invite all lawyers and law students to the May Barristers After Hours at Ignite on Thursday, May 19, from 5:30 to 7 p.m.

Come mingle with your peers and see how you can get more involved. Appetizers and drinks will be provided. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Colorado Lawyers Committee 2016 Awards Luncheon — Monday, May 23 The 2016 Awards Luncheon of the Colorado Lawyers Committee will be held from 11:30 a.m. to 1:30 p.m. on Monday, May 23 at the Marriott Denver City Center. Each year, the Colorado Lawyers Committee hosts an Awards

Luncheon to honor the law firms and individual volunteers who have made significant contributions to our community through Lawyers Committee projects. TIME Editor-at-Large David Von Drehle will be this year’s keynote speaker. Tickets and sponsorships may be purchased at coloradolawyerscommittee.org.

A New Lawyer’s Guide to Purchasing Lawyers’ Malpractice Insurance — Thursday, May 26

including why you should have it. This course will cover the types of protection malpractice policies provide, when to purchase insurance, what your premium dollars should cover, and how to navigate the application process. One general CLE credit applied for. Cost is $5 for members and $20 for non-members and includes a continental breakfast. The program is from 8 to 9 a.m. at the DBA offices. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Join Insurance Specialist Kurt Whitmire to explore what you need to know about lawyers’ malpractice insurance,

Dates on the DOCKET DBA MEETINGS

All DBA meetings are scheduled at 1900 Grant Street, Suite 900, in Denver, unless otherwise noted. Call Melissa Nicoletti, 303-824-5321, to schedule committee meetings so that they will appear in this calendar. MAY 5 Lawyers and Schools Committee Noon–1 p.m. Call Carolyn Gravit, 303-824-5323

MAY 11 Professionalism Coordinating Councils Noon–1 p.m. Call Greg Martin, 303-824-5317

MAY 9 Denver Access to Justice Committee Noon–1:30 p.m. Call Carolyn Gravit, 303-824-5323

MAY 12 Docket Committee Solitaire 5:30 p.m., Call Jessica Volz, 303-824-5336

MAY 19 DBA Board of Trustees 8–9 a.m. Call Leah Achen, 303-824-5327 MAY 17 Community Action Network Noon–1 p.m. Call Kate Schuster, 303-824-5312

FOR THE PUBLIC

To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at 303-8245323. MAY 4 Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m. Call 303-295-9470 LawLine 9 500 East Speer Blvd. 4–5:30 p.m. MAY 10 Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

MAY 11 LawLine 9 500 East Speer Blvd. 4–5:30 p.m.

Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m. Call 303-573-1302

MAY 17 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.

MAY 18 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.

Family Law Clinic Office of Economic Development 1200 Federal Blvd. Room 1018 5:30–7 p.m. Call 720-944-2594

MAY 19 Collections Clinic Denver City and County Building 1437 Bannock St. Room 164 11 a.m.–1 p.m. MAY 25 LawLine 9 500 East Speer Blvd. 4–5:30 p.m.

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

May 2016 I The Docket 31

Legal AFFAIRS GOOD THINGS The Center for Legal Inclusiveness (CLI), Association of Corporate Counsel Colorado Chapter and the Pledge to Diversity Legal Group, in partnership with Kaplan Bar Review, are pleased to announce the recipients of this year’s Colorado Archuleta Diversity Bar Exam Scholarship — Brandon Archuleta and Andres Murguia. They are third-year law students at the University of Colorado Law School. The Colorado Supreme Court recently revealed that it has approved the selection of J. Ryann Peyton as the new director of the Colorado Attorney Mentoring Program (CAMP), Peyton effective July 1. Peyton worked in private practice as a domestic relations attorney until 2015, when she transitioned her practice to nonprofit civil-rights law. Otis, Bedingfield & Peters, LLC is proud to announce that attorney Christian J. Schulte has been accepted to the Greeley Chamber of Commerce Board of Directors. Schulte Childs McCune employees and their family members participated in the “Runnin’ of the Green Lucky 7k,” a CM Health and Wellness event benefitting Volunteers of America. Twelve CBA members from Lewis Roca Rothgerber Christie LLP were recognized for pro bono service during the law firm’s annual John P. Frank Pro Bono Awards lunChilds McCune cheon. Woods & Aitken is proud to announce that Joel D. Heusinger, a partner in the firm’s construction law practice group, has been named a fellow to the American College of Construction Lawyers (ACCL). Buechler Law Office, LLC is pleased to announce that Kenneth J. Buechler is now board certified in business bankruptcy law by the American Board of Certification. CHANGES The Martinez Law Group, PC is pleased to announce that Shelly Dill Combs has joined the firm as an associate attorney. Her practice will include both employment and class action litigation. Denver Public Schools would like to welcome Jerome DeHerrera, who will serve as the district’s general counsel, advising the elected school board, superintendent and senior leaders of the state’s largest school district on all legal matters. Dill Combs The Hustead Law Firm is pleased to announce that Connor L. Cantrell and Christopher J. Shannon have

become shareholders. The firm also welcomed Keenan M. Jones to its team. Sender Wasserman Wadsworth is pleased to announce that Aaron J. Conrardy has become a shareholder of the firm. Conrardy will continue his practice in bankruptcy and commercial litigation. Coan, Payton & Payne, LLC, is pleased to announce that Willis V. Carpenter and Andrew S. Klatskin have become of counsel to the firm. Both practice in all areas of real estate and commercial transactions. Carpenter Lewis Brisbois Bisgaard & Smith LLP is pleased to announce that Willow Arnold has been promoted to partner. Arnold will continue to represent employers, insurers and self-insured employers in workers’ compensation matters. Klatskin Sweetbaum Sands Anderson is pleased to announce that Katherine Karamalegos Kust has been elected a shareholder, Mari- Karamalegos Kust lyn Chappell has joined the firm as special counsel, and Douglas J. Arnold Stallworthy and Jeremy J. Balu have joined the firm as associates. Volant Law LLC is delighted to welcome Bradley J. O’Brien as a partner. O’Brien’s Chappell practice focuses on business advice, real estate transactions and commercial litigation. BRICK AND MORTAR Epstein Patierno, PC is pleased to announce its formation and the opening of its Greenwood Village location. The firm will continue to practice all aspects of family law matters. Doug Richards and Chris Carrington are pleased to announce the opening of Richards Carrington LLC. The firm will focus on complex civil and criminal litigation. It is located at 1755 Blake St., Suite 240, Denver. Visit richardscarrington.com for more details.

Stallworthy

Balu

O’Brien

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 May 2016

The RecipienTs of This YeaR’s DBa awaRDs

and the

125Th anniveRsaRY of The DBa The DBA Awards Committee is pleased to announce the honorees for this year’s awards:

william e. walTeRs iiI — Award of Merit mauReen R. waTson — Young Lawyer of the Year GeRalD D. pRaTT — Volunteer Lawyer of the Year meTRo volunTeeR lawYeRs’ poweR of aTToRneY clinic — Outstanding Programs/Projects The honoRaBle shelleY i. Gilman — Judicial Excellence Award The DBA invites you to join us in celebrating the DBA’s 125th anniversary award winners and their accomplishments at a special event in their honor at the

Ralph L. Carr Colorado Judicial Center on Wednesday, June 29. The awards ceremony will take place in the Supreme Court Courtroom from 5:30 to 6 p.m. and will be followed by a reception in the atrium.

RSVP to lunches@cobar.org or 303-860-1115, ext. 727.

May 2016 I The Docket 33

Picture THIS CWBA HOSTS TEA AND CLE ON FLEXIBLE HOURS On March 11, the Colorado Women’s Bar Association (CWBA) hosted a leisurely yet productive tea and CLE program at Holland & Hart LLP on the successes and shortcomings of reduced hours programs. The featured panelists were CWBA President Jessica Brown, Kelly Cooper (Holland & Hart LLP), Todd Frederickson (Fisher & Phillips), and Erik Lemmon (Holland & Hart LLP). Judge (Ret.) Mary McClatchey was the facilitator.

Panelists highlight the advantages and disadvantages of existing reduced hours programs.

DBA LAWYERS LEAGUE BASKETBALL CHAMPIONS The Denver Bar Association Lawyers League Basketball’s version of March Madness concluded with its championship games for the year. In A League, the BHFS Ballers defeated Starbury v. Madison. In B League, Eddie’s Favorites defeated GT. Congratulations to the 2016 champions! Top Right: The 2016 B League champions, Eddie’s Favorites. Bottom Right: The 2016 A League champions, BHFS Ballers.

34 The Docket I May 2016

DBA Happenings

CAN TOOTHBRUSH DRIVE BENEFITS KIDS IN NEED OF DENTISTRY The Denver Bar Association’s Community Action Network (CAN) held a drive to collect dental items from February 29 to March 11. Denver-area attorneys donated $1,192 worth of toothbrushes, toothpaste, floss and other items, as well as $817 in cash to benefit Kids in Need of Dentistry.

Julie Collett and Tren Ongert.

BAR LEADERS ATTEND ABA BAR LEADERSHIP INSTITUTE Leaders from the Colorado and Denver Bar Associations attended the ABA Bar Leadership Institute in Chicago in mid-

March. This intensive program offered excellent insight into bar association governance, communication and leadership. Far Left: CBA PresidentElect Patricia Jarzobski, ABA President-Elect Linda Klein and DBA PresidentElect Nancy Cohen. Never before has there been such an alignment of female bar leaders. Left: Incoming DBA YLD Chair Klaralee Charlton with Nancy Cohen.

DBA YLD HOSTS BARRISTERS AFTER HOURS AND DOCKET ART CONTEST LAUNCH PARTY The DBA YLD held its monthly Barristers After Hours at the Curtis Club on March 17. The event boasted complimentary drinks and appetizers, along with some quality networking. The March edition, which attracted approximately 65 attendees, also served as an informational launch party for the 2016 Docket Arts and Literature Contest. Right: St. Patrick’s Day networking in action.

May 2016 I The Docket 35

THE WAIT IS OVER… JAMS IS EXCITED TO ANNOUNCE THE

HONORABLE CHRISTOPHER CROSS HAS JOINED OUR PANEL.

A specialist in: • Family law • Complex civil matters, including personal injury, bad faith, business disputes, construction defect litigation, and discovery disputes • HOA and neighbor disputes

Please visit jamsdenver.com for more information on Judge Cross and the rest of our team of dispute resolution experts.

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB:

jamsdenver.com

• PHONE:

303.534.1254

Hon. Christopher Cross

Dispute Resolution Systems