2011 November

Docket The

Denver Bar Association I Vol. 33 Issue 10 I November 2011

Inside Book Offers Advice for Big Law Ingénues

by Christopher Mommsen

Can We Keep Our Republic?

by Doug McQuiston

Eat Smart Around the Holidays

by MINES & Associates

After the Homecoming Jeff Sherman returns to Denver after a one-year deployment in Iraq and Ben Currier introduces a new legal services program aimed at veterans.

is pleased to announce our

COLORADO CHAPTER The following attorneys have all been recognized as Colorado Charter Members for

Excellence in the field of Alternative Dispute Resolution

Gary BLUM DENVER

Sandy BROOK DENVER

Steve CLYMER BOULDER

Terri DIEM DENVER / VAIL

Joe EPSTEIN GREENWOOD VL.

Samuel GORDON DENVER

Tyrone HOLT DENVER

Steve MAINS GOLDEN

Bill MEYER DENVER

Steven MEYRICH BOULDER

Katy MILLER LITTLETON

Skip NETZORG DENVER

Connie PETERSON DENVER

Jim RUH DENVER / VAIL

Michael WILLIAMS DENVER

Elaine WOHLNER DENVER

PROFILES & AVAILABLE DATES ONLINE FOR THE NATION’S LEADING NEUTRALS USED DAILY BY MORE THAN 2000 LITIGATION STAFF ACROSS THE USA

The National Academy of Distinguished Neutrals is an invitation-only professional association of over 700 mediators & arbitrators throughout the US. For more information about NADN, visit www.NADN.org/about

2 The Docket I November 2011

Docket The

Denver Bar Association I Vol. 33 Issue 10 I November 2011

ON THE COVER

5

Colorado Lawyers Step Up for Colorado Veterans

6

New Dawn Journal

9

Strategies to Fight Holiday Weight Gain

14

‘Marathon’ Sprints to Niche Big-Law Audience

18

The Government We Deserve

5

FEATURES 4

From the President

8

Meet the New Members of Your Board of Trustees

10

The Case of the Law School Murders

12

Homage to Mortuary Lingers on at Hip LoHi Spot

16

Novo Offers Quality a Cut Above

19

The Pangs of Changing the Law

20

Short Interruptions Lead to Long Delays

22

Lessons from Constitution Day

6

12

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

The Docket A publication of the Denver Bar Association.

Views expressed in articles are those of the author and not the views of the author’s employers, The Docket Committee, or the Denver Bar Association, unless expressly stated. Deadline for articles is five weeks prior to the issue date; for example, February articles are due (on disk or by email) Dec. 19. To advertise, call Alexa Drago at (303) 824-5313.

Docket Committee: Mariya Barmak, Norman Beecher, Becky Bye, Michael J. Decker, Craig C. Eley, David L. Erickson, Loren R. Ginsburg, Rebecca I. Gumaer, Robert J. Kapelke, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Nicole M. Mundt, Eric R. Newmark, Siddhartha H. Rathod, Gregory D. Rawlings, Frank J.

22 Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA Officers: Ilene L. Bloom, President; James G. Benjamin, President-Elect; William W. Hood III, First Vice President; Lucia C. Padilla, Second Vice President; Stacy A. Carpenter, Immediate Past President; Richard Strauss, Treasurer Board of Trustees Members: Catherine A. Chan, Paul Chessin, Janet Drake, Michelle B. Ferguson, Vance O. Knapp, Daniel R. McCune, Meshach Rhoades, Daniel A. Sweetser, Andrew M. Toft; Chuck Turner, Executive Director Editor: Sara Crocker P.C. Editor: Chuck Turner Graphic Designer: Kate Schuster

(303) 860-1115 denbar.org/docket Copyright 2011. The Docket (ISSN 10847820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

November 2011 I The Docket 3

From the President

Life as a Contract Attorney

(and Why Contract Attorneys Are Not Third-Class Lawyers)

I

d ecided to write this c o l u m n because I have recently received several inquiries from individuals interested in lear ning more about becoming a contract attorney. These inquiries have come from a variety of people, including newer attorneys, experienced attorneys considering transitioning out of firm life, and stay-at-home parents considering the transition back into the work force.

I have had the unique opportunity over the last nine years of practice in Colorado to have performed a variety of contract work. It has ranged from working for sole practitioners to small and large firms, from document review to legal research and writing, and from brief to multi-year projects.

As the economy continues to slowly make a recovery, the use of contract attorneys is a good opportunity for law firms to deal with staffing needs without incurring the costs and commitment associated with hiring an attorney full time. This is what I have learned in terms of the positive aspects of contract work and what I would suggest to both firms and contract attorneys to make the relationship a mutually positive one.

For Firms Contract Attorneys are Real Lawyers. I think there is an assumption that all contract attorneys are unable to find a “regular” job. There are many reasons people take on contract work at one point or another in their legal careers. The reasons may include flexibility—to be with family, perform pro bono or other volunteer work, or pursue other interests.

Also, in this economy, more and more excellent lawyers may find themselves unemployed and may seek contract work while they undertake their job search for

4 The Docket I November 2011

more permanent employment. Qualified attorneys, although working on a temporary basis, should be given a chance to perform well and demonstrate their abilities. Assignments to contract attorneys should not be viewed as sub-par work, because a client will benefit from all necessary work that is performed with diligence, attention to detail, and consistency.

Contract Attorneys Perform Important Work.

I was always impressed by those firms I worked for that truly valued the work of contract attorneys. A firm demonstrates this by providing appropriate training, guidance, supervision, and compensation. Although some may feel that document review is a mundane, low-skill task, discovery is an important part of the case and often requires keen judgment. Complex issues often are involved and the stakes are high in terms of protecting privileged documents.

Contract Attorneys Should be Embraced as Part of the Firm. It would be great if all firms treated their contract attorneys as if they were regular members of the firm. This does not necessarily mean providing benefits or health insurance.

Rather, I am talking about providing a reasonable work environment—that is, not placing the contract attorneys in the dark closet at the end of the hall where they are not to be seen nor heard by the rest of the firm. Even small gestures go a long way in cultivating loyalty and fostering a positive and productive work environment. This includes firm attorneys making contract attorneys feel welcome in simple ways, such as saying hello and introducing themselves.

At one firm, I was even invited, as a contract attorney, to the annual firm ski trip. Although I was the only contract attorney who actually went, I had a great time getting to know the other attorneys.

For Contract Attorneys Take Advantage of the Many Opportunities Contract Work Can Provide. Contract work

presents the opportunity to learn new areas of law, gain exposure to many subject matters, and learn from others.

This is also an opportunity to make contacts. Although I don’t think it is extremely common for a contract attorney to be hired as an associate after completing a contract project, it has been known to happen. In any event, being hired for one contract project can turn into another contract project if you perfom well.

Take Your Assignments Seriously. If you think you are above doing document review, or any other assignment, you should not take the position. Contract work is an opportunity to demonstrate a strong work ethic, endurance, and ability to focus on the task at hand.

Professionalism is as Important as Ever. In every work setting, it is important to maintain your professionalism. This includes putting work first, committing to generating an excellent work product, and not distracting your fellow contract attorneys from the job. At times a contract position may seem less formal, but this is not the venue to share your deepest, darkest secrets, which can be distracting and uncomfortable to all. Likewise, you would not go to any other job dressed in your pajamas or the equivalent. If you are hired by a firm, even temporarily, it is your responsibility to represent the firm in a positive way.

Being a contract attorney is not for everyone, but it is possible for all contract attorneys to dispel any stigma attached to being one by exhibiting the utmost professionalism and producing exceptional work.

I would like to thank Melanie Snyder for her assistance with this article. I would be happy to discuss this topic with you further. Please feel free to contact me at ilenebloom@hotmail.com. D

Colorado Lawyers Step Up for Colorado Veterans

Currier

Vaught

by Benjamin Currier and John Vaught

A

ccess to justice for all Americans is an issue that is constantly evolving in an effor t to meet the needs of those who cannot afford traditional legal services. With governmental budgets and outreach programs being pared, the communities that most rely on pro bono legal services are compelled to turn to individuals and to private initiatives to meet their ever-expanding need. Some groups have enjoyed success and are gaining access to justice through innovative means, but many have not. Among this latter group are our military veterans, active duty military personnel, and their families.

In an attempt to meet the needs of Colorado veterans and ser vice members, the Colorado Bar Association is developing a statewide pro bono legal services initiative to provide legal service to Colorado veterans, some active

duty service members, and their families— Colorado Lawyers for Colorado Veterans. This program is structured to provide free legal advice through clinics held around the state and also provide pro bono and low fee legal services to individuals who require further help.

Colorado Lawyers for Colorado Veterans will begin the first of many free clinics on Nov. 11 in Denver and Colorado Springs, and on Nov. 10 in Fort Collins.

It is estimated that one-third of the adult homeless population are veterans, and a vast number of other veterans also are in need of legal help but unable to afford and receive the assistance they desperately require. Many national reserve, retired, or otherwise discharged veterans do not have access to legal services. Active duty service members receive some assistance from the Judge Advocate General’s Corps; however, many still have legal issues and problems that are not met by the current active duty legal services and do not have the resources to afford legal services to solve their problems. Because of this, Colorado attorneys and the CBA are reaching out to help veterans with their legal needs and problems.

This program is consistent with the recommendations made by the Chief Justice Michael Bender, as part of the Chief Justice’s Commission on

the Legal Profession. Modeled after a similar program in Texas, it is being led by a joint collaboration between the Commission, CBA President-elect Mark Fogg, John Vaught, CBA Young Lawyers Division Chair Benjamin Currier, CBA Executive Director Chuck Turner, and staff members of the DBA and CBA, including Carolyn Gravit, Heather Clark, and Denise Lynch.

The Denver event is scheduled to be held at the Bo Matthews Center, at 3030 Downing St., from 8:30 a.m. to 4:30 p.m.

This initial Denver event will be staffed by law students, young lawyers, and other Colorado attorneys. In addition to these volunteers, a Colorado-based service organization called Challenge America will be present to help guide veterans through the maze of other benefits available to them. This highly anticipated event is the first of many steps to try to serve the needs of Colorado veterans, one veteran at a time. D We are currently searching for volunteers to assist for future clinics across the state. We also are looking for individuals who are willing to take on pro bono and low fee cases to help veterans in need. If you are interested in helping, please contact Carolyn Gravit at cgravit@cobar.org. We look forward to seeing you and helping with this new and exciting effort to provide pro bono legal services to Colorado veterans and service members.

November 2011 I The Docket 5

Maj. Jeff Sherman poses with his family— his son Max, 12, wife Terri, and daughter Lucy, 8—in downtown Denver in August.

New Dawn Journal

Homecoming and Life After Deployment

by M a j. J effre y S he rman Editor’s Note: This is an occasional column by Jeffrey Sherman, who shares his experiences as a deployed Reserve Officer as part of Operation New Dawn in Iraq. This column delves into his return home.

I

n Iraq, I had an Excel spreadsheet that automatically counted down the 10 months until I returned home. To get to Denver, I endured packed helicopter rides and hot, smelly C-130 flights with full body armor. I sat between large, barrel-chested infantry soldiers on the 17-hour flight from Kuwait. I waited through long lines at Fort Benning, Ga., to return several hundred pounds of Army gear, get examined by Army physicians, and receive my Honorable Discharge paper-

6 The Docket I November 2011

work. However, the longest part of my deployment was the walk across the bridge from Concourse A at Denver International Airport.

In the distance, I could see my wife Terri, my 12-year-old son Max, and my 8-year-old daughter Lucy, anxiously waiting for me. Lucy’s leg seemed to involuntarily shake and she struggled to stand still. Terri knelt to remind Lucy to wait until I got close enough to read the “Welcome Home” signs they had made.

Finally, Lucy could take it no longer. She threw away the sign and ran toward me.

Max quickly followed and in seconds I was reunited with my children. Passengers at DIA watched our reunion and clapped. It was wonderful.

Homecoming is something you think about, look forward to, and picture in your mind over and over again during a military deployment. Some imagine it like those soft focus pictures of soldiers hugging kids and living happily ever after—you’re loved; everything is back to normal just like before the deployment.

The problem is a year has passed.

Everyone has changed. The old normal doesn’t exist, and the new normal has yet to be established. Much as a wedding is not the same as a marriage, a homecoming is not the same as life after deployment.

The first several weeks home, we went off the grid. I turned off the cell phone, ignored email, and spent time entirely focused on my family. We took a three-week car trip around the Midwest to visit family. We swam, boated, played catch, watched movies, visited museums, listened to books on tape, ate ice cream, and did household projects. We needed time to reconnect.

While in Iraq, I had no childrearing obligations. Someone else prepared the food, did the dishes, washed and folded the laundry, and took care of maintenance of my housing unit. I had to adjust to once again being a fully engaged spouse and father. Furthermore, my children have no respect for the rank structure and routinely disobey my orders!

M y co m rad e s - i n known as Faegre Baker arms in Iraq have become Daniels. s o m e o f my c l o s e s t It has been a whirlfriends and I miss them. wind first month back Living with my family is at Faegre—exhausting certainly preferable, but and exhilarating. I am it took time to get used incredibly lucky to have to being away from that colleagues and clients intense camarader ie. who supported me so I spoke to some of my strongly and valued my friends who had returned service. I am also grateful from Iraq before me and to the many readers of many of them had similar The Docket who emailed experiences reintegratme and expressed their ing into their families. It Sherman hugs his children at Denver International Airport when he returned home from support while I was in was really helpful to have deployment in July.

Iraq. I am thrilled to be a strong network of friends and family needs. I was glad to be permanently back in Colorado and proud to be workproviding emotional support. home and back in a position where I ing with my friends throughout the There was one exception to my selfcould help them myself.

Colorado Bar. D imposed exile. Jim Leonard, the head Shortly before my return, Faegre of Faegre & Benson’s corporate group announced a possible merger with Baker Jeffrey Sherman practices corporate in Colorado, invited to me to attend the & Daniels, a large international law firm and securities law at Faegre & Benson LLP grand opening of our new Boulder office. based in Indianapolis. I spent many hours in Denver. He served as a Judge Advocate So, a mere four days after arriving home, with my current and future colleagues, with the 2nd Stryker Advise and Assist I put on my corporate lawyer “battle in Denver, Boulder, and Minneapolis, Brigade, 25th Infantry Division at FOB rattle”—a navy suit—and headed to planning the integration of our practice Warhorse, Iraq. He returned to Denver in Boulder to mix and mingle. I was thrilled groups and working to ensure a smooth July. Read past “New Dawn Journal” colto see many of my friends from Faegre transition. Subsequently, the merger was umns, about Sherman’s experiences in Iraq, who had supported me and my family approved, and as of Jan. 1, we will be at denbar.org/docket. so generously during the deployment. There were Sherman was promoted to Major countless hugs and handfrom Captain by Lt. Col. Andy shakes. It felt great to Efaw of Wheeler Trigg O'Donnell return to my work family, in downtown Denver. too.

In late August , I returned to Faegre & Benson full time. My schedule was immediately packed: I had volunteered to teach two CLEs within three weeks of my return and I needed to prepare.

Further, I planned breakfasts, lunches, coffees, and beers with many clients, former clients, fr iends, and refer ral sources. I had industry conferences and internal practice group meetings to attend. And, of course, I had clients with legal November 2011 I The Docket 7

Who’s Who, Representing You?

Meet the New Members of Your Board of Trustees (left) Gillian Bidgood, Young Lawyers Division Chair, Associate, Polsinelli Shughart.

Catherine Chan, DBA Trustee, Principal at Chan Law Firm, specializing in immigration law and civil litigation.

Docket: If you have free time on a Saturday, what are you most likely doing?

Bidgood: Reading a book or searching for the next book that I won’t be able to put down.

Chan: Free time is usually for catching up on household duties, like gardening and grocery shopping. When it’s not too hot I like to take my dog to City Park for a long walk and then a nap.

Docket: What is your greatest passion outside the law?

B: My two beautiful children.

8 The Docket I November 2011

C: My greatest passion outside the law is French literature. I enjoy reading and analyzing the classical authors: De Balzac, Voltaire, Baudelaire, Zola, Hugo, and Flaubert.

Docket: What place are you dying to travel to?

B: I would love to go back to France for the language and the shopping.

C: I’m dying to travel to Australia! As an amateur foodie, I can’t wait to try the many eclectic food options available in a country comprised of itinerants and migrants from all over the world.

Docket: What was the last good movie you saw?

B: It’s a tie between “Inglourious Basterds” (I love Quentin Tarantino movies) and “The Men Who Stare at Goats” (I can’t resist George Clooney movies either).

C: The last good movie I saw was “A Time for Drunken Horses.” This is an Iranian movie with subtitles. It was shot over gorgeous landscape and terrain. It was heartbreaking and hauntingly beautiful.

Docket: What has been your best moment in the courtroom?

B: I was attempting to treat our witness as hostile but the judge wasn’t convinced by our initial approach. I came up with a new approach on the spot even when the lead attorney was out of ideas.

C: The best moment for me in the courtroom is when my client, while holding their breath waiting for the judge’s decision, reached out for my hand to hold to steady them. D

Wellness Brief

Strategies to Fight Holiday Weight Gain

by MINE S & A ss o ci ate s

T

he average American gains several pounds in the six weeks between Thanksgiving and New Year’s Day. This seemingly inevitable weight gain is avoidable; you can fend off added pounds during the holidays without becoming a dietary Scrooge.

“It’s almost impossible for most of us not to overeat and indulge during the holidays. But by making simple changes in your diet, you can enjoy many special holiday foods without gaining extra pounds,” says Lawrence T.P. Stifler, president of Health Management Resources Corp. in Boston.

Eat healthier foods low in fat and calories. “You don’t have to feel like you’re on a diet. You can still fill your plate at a holiday buffet, but load it with fresh fruits and vegetables instead of fried chicken fingers or cheese sticks,” he says.

You also should exercise regularly.

Get 30 minutes of moderate exercise most, if not all, days of the week. “A sedentary lifestyle is one of the major contributors to holiday weight gain,” Stifler says.

Make simple changes

Many traditional holiday foods are loaded with fat and calories. To keep your weight manageable, substitute a lower-fat food, or go ahead and eat a certain food you enjoy too much to give up, but have a smaller portion and conserve calories by skipping something that’s not as important to you.

Stifler offers the following advice for cutting fat from your holiday diet: • Eat white-meat turkey, which has fewer calories and fat than dark meat.

A three-ounce serving of skinless turkey breast has 119 calories and one gram of fat. The same amount of dark meat has 142 calories and five grams of fat.

• Put gravy through a skimmer before

serving and you’ll cut the calories by 80 percent. That’s a substantial change. Holiday gravy that’s not skimmed contains 60 to 70 calories per tablespoon (a generous helping can add as many as 500 calories to your holiday dinner).

• Serve stuffing baked outside the turkey; it has half the calories of stuffing cooked inside the bird.

• Serve at least one item very low in calories and fat, such as a fresh fruit salad or steamed vegetables topped with lemon juice and herbs. A onehalf cup serving of steamed green beans has only 15 calories and a trace of fat; a one-half cup serving of sautéed green beans has 50 calories and 6.6 grams of fat.

• Serve baked potatoes instead of candied sweet potatoes. A plain baked potato has 220 calories and just a trace of fat; one cup of candied sweet potatoes has 300 calories and six grams of fat.

• Don’t top vegetables with butter; instead, use nonfat yogurt or lowcalorie sour cream. You’ll save an average of 100 calories and 10 grams of fat per tablespoon.

• Serve apple pie topped with vanilla frozen yogurt instead of pecan pie topped with whipped cream. Per slice, you’ll save 460 calories and 32 grams of fat.

• Substitute mustard for mayonnaise on your lunch-hour turkey sandwich.

You’ll save 82 calories and 8 grams of fat.

• Pay attention to what you drink— two mixed drinks can contain as much as 500 calories; one cup of eggnog is 380 calories. But, two glasses of cider or white wine have only 300 calories. D Published as part of MINES & Associates Personal Advantage services and available at MINESandAssociates.com.

Originally written and published by Krames Staywell.

Wellness Brief is a monthly column that will look at all aspects of health and living well, and will offer tips on how to bring well-being into your daily life. Is there a topic you would like to read about? Please email suggestions to Docket Editor Sara Crocker at scrocker@cobar.org.

November 2011 I The Docket 9

The Case of

the Law

School Murders, Part 3

Editor’s Note: This is the third part of a serial fiction piece by the Docket Committee. Each month a new writer will pick up where the other has left off, offering a new piece of the story.

by N icole M. M und t

I

really couldn’t tell you where the rest of the day went. Sometime between the afternoon bourbon, my visit to the registrar’s office, and my couch, two more law students had been murdered and the leads I had been chasing had somehow evaporated before my eyes. Clearly, I also had

10 The Docket I November 2011

fallen asleep.

I rubbed my eyes and squinted at the clock. 1:15 a.m. Had I really been out that long? Geez, those whiskeys must have been more than my typical afternoon pit stop.

I’m a cop. I’ve spent the last 20 years of my career chasing the never-ending “bad guy.” And there’s one thing I’ve learned over and over again: criminals are like mosquitoes—when you swat one, 10 more show up in its place ... because they smell the blood. It’s a thankless job really, and I can’t get through the day without thinking about where I went wrong.

I should have been a lawyer. My

father was a lawyer, and his father before him was a lawyer. But I couldn’t hack it.

I took the LSAT four times and applied to some of the worst law schools in the country, to no avail. I hear I’m lucky. I didn’t take on the debt. I don’t have the “golden handcuffs.” I don’t have a laundry list of failed marriages, friendships, and relationships. I have “free time.” The lawyers I know tell me I’m lucky.

I looked around my cr ummy one-bedroom apartment, the fly tape swinging from the ceiling and Sasha’s litter box in the corner. Yeah, real lucky, I murmured to myself as I got up to pour a drink. It was the middle of the night, there was nothing I was going to accomplish between then and sunrise, so might as well re-wet my whistle and see if I couldn’t start over the next day. *** I’d like to tell you I awoke to the birds chirping and the fresh feeling of a brand new day, but instead I was hung over. Hung over and late. My partner, Nancy Dixon, wanted to meet with me at 9 a.m. to discuss her theory of some social activist trying to rid the world of lawyers by knocking off law students one at a time, with different MO’s for each.

This was a left-field theory, and while I wanted to encourage my young study to think outside the box, this one was a bit farfetched. First of all, why would a social activist murder wannabe lawyers? If someone were trying to rid the world of lawyers, they would kill the big time partners at the highfalutin firms—the ones who make more money in a year than I’ve made in 20, treat their employees like dirt, run up their fees, and bankrupt their clients. Plus, someone eager enough to rid the world of lawyers probably would not pick them off one-by-one but instead would get the most bang for their buck and take them out all at one time. They spend a majority of their waking (and sometimes sleeping) hours in the same location, all under one roof. Bombs are easy enough to build. It wouldn’t be that hard.

Targeting law students, on the other hand, would be a waste of time.

And besides, lately, it seemed like law students and young lawyers had been

coming to their senses on their own and leaving the profession altogether. Those who were sticking around were doing so for the right reasons and were well on their way to starting respectable, moral law practices. Nancy’s social activist murderer was a bit of a toilet theory.

As for Brian Harper, the registrar grunt, I knew it couldn’t be him. True, the man cried tears of rage over being in the top 11, not 10, percent of his class.

And yes, he exhibited clear resentment, and therefore had motive. And, sure, he also had access to a list of top students at his law school. But at the end of the day, he lacked the cojones, if you know what I’m saying. Trust me on this. I’m a cop.

I popped some Advil and got myself into the shower, trying to shake off the cobwebs and come up with a delicate way to tell my rookie partner that she watches too much “Law & Order.”

Twenty minutes later, I walked into the office, an hour-and-a-half late for my meeting. Nancy stood up at her desk and made a face.

“Sunday, I could strangle you seven ways to Sunday.” She giggled at her own joke.

I rolled my eyes and grabbed the coffee pot, pouring myself a cup of stale coffee and motioned for Nancy to sit down.

“We have to start from the beginning here,” I told her.

“But what about my—” she started.

I gave her a look that said, “Nice try, but we’re not going there,” and she snapped her mouth shut. Together, we began mapping out what we knew.

All of the victims were law students in their third year. All of the murders happened in Denver, regardless of where the victims were from or attending law school. Each MO was different, very different. The two who had been killed late last night also were law students at the top of their classes and both from out of state. Anne Warbly was attending the University of Michigan Law and happened to be in Denver visiting her sister’s family. Luke Maybis was from Phoenix and thinking about taking the bar in Colorado to be closer to the mountains.

Warbly’s sister had returned from dinner to find her hanging from the rafters of their house. Anne Warbly had skipped the family dinner to stay in and study.

Luke Maybis had a slightly different story—one that hit me a bit closer to home. The bartender at Don’s Mixed Drinks had found Maybis slumped over in one of the back booths at closing time.

The tox screen showed he had been poisoned.

The thought that the killer turned up at Don’s just a few short hours after I had left for the day really ticked me off.

I wanted to tell Nancy that I had been at the bar yesterday afternoon, but I knew I couldn’t bear to see the look of judgment

in her eyes when she realized I had spent the better part of my day with my other partner—bourbon.

I knew we needed to look beyond the law school link. There had to be something else these five victims had in common. Now, I may be a bit of an “old school” cop, but when the tangible facts aren’t lining up, I do what everyone else in the world does—I Google. I had my team scour each crime scene, to no avail—not so much as a half of a print, much less a murder weapon. Whoever did this certainly knew how to cover his or her tracks.

Nancy pulled out her laptop and popped it open. As the youngest one in the precinct, she had the newest tech gadgets and always searched Facebook first in the hopes that a victim didn’t have the common sense to set their privacy settings. More often than not, it worked. I, on the other hand, rolled over to my desktop PC that had been around almost as long as I had. I went to Google and started with Jeremy Collins and worked my way through the list of victims.

After a few hours on the Internet, Nancy and I had learned that each of the victims, though from very different parts of the country, all came from similar backgrounds. They were all from lowto middle-class suburban families and were at the top of their classes in high Murders, continued on page 13

November 2011 I The Docket 11

Bar Review

Homage to Mortuary Lingers on at Hip LoHi Spot Linger resides in the former garage of Olinger Mortuaries in the Highlands neighborhood of Denver.

Linger Mixology and international street eats.

2030 W. 30th Ave., (303) 993-3120 lingerdenver.com

by S ar a C ro cke r

T

here’s nothing dead about Linger—the lively LoHi hotspot from the same people who brought Denver the nearby favorite Root Down—considering its former clientele.

Nestled in the former Olinger Mortuary building at the corner of 30th Avenue and Tejon Street, Linger takes a mischievous approach in acknowledging the former tenant (no need to cringe; the space is the former garage). The happy hour crowd is treated not only to cocktails and small bites at the upstairs bar but also beautiful cityscapes while the sun sets and the lights of the buildings downtown start to twinkle.

Linger’s menu is a culinary globetrot, offering takes on street food in regions of nearly every continent. The happy hour menu offers a smattering of small plates that can be found on the dinner menu. We (being a great turnout of guests: Becky Bye, James Garts, Natalie

12 The Docket I November 2011

something for everyone.

The staff was attentive, monitoring our water glasses and making sure everyone got a chance for last call during happy hour. They were also honest, letting us know how small some of the appetizer plates really are. But, they must be on their toes—indeed the bar gets packed for the weekday happy hour crowd.

Just as enjoyable as the items shared at the table were the stories. Walker recalled that Snider and Bye regaled the group with travel stories, while Garts enlivened the group with his humor.

Connecting the past of Olinger to the present is seen everywhere, from dimming the “O” in the iconic sign atop the building and repurposing “Mortuaries” to read “Eatuaries” to playful nods like toe tags on bright green laminated paper listing the happy hour menu, coffin rollers serving as the legs of high-top glass tables in the bar area, and stout glass bottles that resemble ones that should carry formaldehyde bearing water for the table. The attention to this morbid detail is seen even in the restrooms with ads for coffins adorning the walls. It gave, as Schuchat said, “just the right hint of that fun funeral home ambiance.” D

Lucas, Kate Schuster, Chris Mommsen, Frank Schuchat, his daughter Nora Schuchat, Marshall Snider, and Dennis Walker) opted for a wide variety, ranging from barbecued duck in steamed buns and Kobe beef tacos to deconstructed jalapeño poppers and sweet potato waffle fries.

The food was excellent and offered new and complex flavors to familiar, or not, grab-and-go favorites. However, it was elevated to a point that it was unlike street food many of the wellheeled Docket Committee members have encountered in their travels.

Indeed, “they must have lived on a pretty upscale street,” Snider said.

Authentic or not, we all passed around the small plates, oohing and aahing, remarking on the pops of f lavor from different accents in each dish, from pickled vegetables to wellcrafted sauces. Each table is also greeted with baskets of fresh, spiced popcorn to share. The happy hour drink menu is pared to select cocktails, house wines, and (From right) Becky Bye, Marshall Snider, Chris Mommsen, Natalie Lucas, discounts on drafts, offering Sara Crocker, and Kate Schuster.

Murders, continued from page 11 school. They all had attended respectable universities, and from Nancy’s Facebook search, it also appeared that they had “enjoyed” their college experiences (if you know what I mean). They all had graduated with GPAs decent enough to get them into law school, but none of these kids was magna or summa, or even just regular cum laude. Each victim also went straight from undergrad to law school, without taking any time to work in the real world. So how did they all end up dead?

I could feel that we were close, so I typed all of the victims’ names in the search bar: Jeremy Collins, Michael Berens, Michelle Zarinsky, Anne Warbly, and Luke Maybis. Sometimes, when I’m feeling particularly lost, I start with “I feel lucky” and see what Google has to offer. No dice this time, so I did a regular search. BAM! Instant response.

All of the victims were part of StudentLoanFreedom.org, a national nonprofit organization gaining some serious traction in its pursuit of student loan forgiveness. Both Anne Warbly and Jeremy Collins had presented recently at Student Loan Freedom rallies, which had been dubbed “Debt Rallies.” Michael Berens had published several articles comparing the student debt crisis to the mortgage crisis and calling for truth in lending practices for student loans.

Michelle Zarinsky had even spoken before Congress on new legislation for the forgiveness of student loans. Luke Maybis appeared to be the rogue of the group. He had filmed a YouTube video about “going off the grid” and leaving the U.S. permanently and living abroad to escape his $275,000-plus in student loans, and encouraging others to do the same.

These kids were the social activists.

Maybe Nancy’s theory wasn’t so farfetched after all. D

It’s Monday, the First Day of the Rest of Your Life.

Too bad last Friday was the last day to file the Bergstrom motion.

Did you know that missing deadlines continues to be one of the most common mistakes leading to malpractice claims? The failure to file a document is the second most common alleged error and the failure to calendar properly was the fifth most common mistake leading to a malpractice claim*. A dual calendaring system which includes a firm or team networked calendar should be used by every member of your firm.

At Minnesota Lawyers Mutual we don’t just sell you a policy. We work hard to give you the tools and knowledge necessary to reduce your risk of a malpractice claim. We invite you to give us a call at 800-422-1370 or go online at www.mlmins.com and find out for yourself what we mean when we say, “Protecting your practice is our policy.”

R

Protecting Your Practice is Our Policy.

800.422.1370

www.mylawyersmutual.com

www.mlmins.com

* American Bar Association Standing Committee on Lawyers’ Professional Liability. (2008).

Profile of Legal Malpractice Claims, 2004-2007. Chicago, IL: Haskins, Paul and Ewins, Kathleen Marie.

Life - Denver Docket 2011

Read the fourth part of the fiction series in the December issue of The Docket.

Missed a part of the story? Catch up at denbar.org/docket.

November 2011 I The Docket 13

Book Review

‘Marathon’ Sprints to Niche Big-Law Audience

“The Six-Minute Marathon: A Guide to Life as a Lawyer”

by Andrew Hartman, with contributing editor Caren Ulrich Stacy, 168 pages.

Published by the National Institute for Trial Advocacy. Available in paperback for $12.95.

by C hrist ophe r M omm sen

A

ndrew Hartman provides great brass-tacks advice on the idiosyncrasies of big-law culture for junior associates in this easy-to-read and information-packed guidebook.

However, as the introductory chapter of “The Six-Minute Marathon” admits, this book is about big law. Readers who are not young large-firm associates or law students interested in such a career path would be advised to look elsewhere for career advice.

However, the strengths of this book are two-fold. First, Hartman, an adjunct professor and Experiential Learning Program director at the University of Colorado Law School, and Caren Ulrich Stacy, who interjects fresh and useful points of advice in sidebars throughout the book, possess a wealth of real-world firm experience. They have been there and faced everything ranging from

14 The Docket I November 2011

understanding the byzantine firm compensation system to writing correct billing entries, both as an associate and as a supervising partner. They present these years of advice in a manner that a reader with no experience or context can understand, and without any of the condescension that might normally accompany an old hand’s lesson to a newbie. The authors also largely avoid devolving into pointless discussions about attitude and philosophy, sticking to situational advice a young associate can act on as opposed to tangents that an associate would ponder.

Second, the authors manage to strip down or entirely omit the lame attempts at jokes, lengthy, self-congratulating anecdotes, and tired tangents that too frequently populate these “surviving the___” guides. As a result, the book feels comprehensive, despite clocking in at a lean 168 pages. Hartman’s personality still shines through in the form of lively prose, and relevant but brief stories culled from his experience. Because

less structured small firm environments, not to mention for a nonprofit or government agency.

Even an attorney who is questioning the long-term fit in big-law practice probably will not find a great deal of help in this book. Hartman refers to the degree of turnover inside large law firms—77 percent within the first five years—as a number that is likely to get “worse,” as though this couldn’t be a sign of industry dynamism or firms and attorneys mutually seeking the most productive fit. The chapter on “graceful exits” notably fails to make any mention of a situation where the associate actually wants to leave, as if no sane young lawyer would ever leave a large firm.

Ultimately, the razor-sharp focus of this book is its greatest asset for the target audience. By exclusively focusing on a relatively tiny subset of young attorneys, Hartman is able to cram a near-comprehensive set of advice into a book so small it fits in your back pocket. For young attorneys at large firms trying to make

“

The authors manage to strip down or entirely omit the lame attempts at jokes, lengthy, self-congratulating anecdotes, and tired tangents that too frequently populate these ‘surviving the___’ guides.”

it’s so free of nonsense and so well written, “The Six-Minute Marathon” is one of the breeziest professional help books I have ever read, taking me less than three hours to read, without skimming.

That said, this book is not for everybody. It is specifically targeted at young associates or law students who are trying to make partner in a larger firm. Most of the advice, which is oriented toward how to make profit-hungry partners happy, will not serve young lawyers who work in

partner, and for law students interested in this career track trying to gain some insight into the realities of life at a large firm, this book is an absolute must-read.

Other readers will find the book’s advice limited in applicability. D Christopher Mommsen is a criminal defense attorney in Denver.

The Colorado

LEGAL DIRECTORY

Order Your 2012 Legal Directory Today An Indispensable Tool for Colorado Attorneys

A Publication of the Denver Bar Association

The Colorado Legal Directory is the source to find Colorado attorneys, Colorado court information and other critical legal resources. You don’t have to do the research—it’s all there in one convenient book! The legal directory has listings for more than 20,000 attorneys, the majority with firm, address, phone number, and many with email addresses.

The directory also includes: 9 9 9 9 9 9 9 9

Attorney listings by Field of Practice Law Firms & Corporate legal departments contacts Colorado State Courts Offices information Other government agencies contact information with key personnel Colorado Executive and Legislative Offices listings, with staff contacts Federal and Municipal Courts information Fee schedules Other legal organizations contact info

Please note that each DBA member automatically receives one complimentary copy. The Directory will be shipped in December 2011.

mbers for Me rs membe n o N for

$39 $79

Go to www.denbar.org to purchase your copy today!

LONG LIVE YOUR LEGACY. You’ve worked hard to create a life filled with the people and things that matter to you. You want to continue to build that life and pass on the rewards. That requires a financial plan for now and for later. So you want someone with experience and skill who will give you the individualized attention to make it happen. And that’s exactly what we do.

Private Banking | Fiduciary Services | Investment Management Wealth Advisory Services | Specialty Asset Management Denver and Boulder Locations | 303.864.7220 | www.csbt.com

©2011 Colorado State Bank and Trust, a division of BOKF, NA. Member FDIC. Equal Opportunity Lender.

November 2011 I The Docket 15

The Caffeine Blues

Novo Offers Quality a Cut Above

Novo Coffee shares space with Mad Greens and has a patio that faces the Denver Art Museum.

by M arsh all S nide r and G reg R aw ling s

N

ovo Coffee offers mild espresso, wonderful teas, great music, and interesting people-watching. This unique establishment sits on the pedestrian plaza at the Civic Center Cultural Complex, across from the Denver Art Museum. Located on Acoma between 12th and 13th avenues, Novo is still far enough from the street to provide a quiet café experience. This is also a convenient spot for civil litigators and government supplicants, just a couple of blocks from the City and County Building and the state Capitol.

16 The Docket I November 2011

Snider’s Take I tried the café mocha. I always drink café mocha, to provide consistency in these reviews, and because I am a chocolate addict. Novo’s was the best mocha I have had, anywhere—very mild and creamy. At first I thought that they used some special chocolate, but the baristas explained that this great taste resulted from their choice of beans and their method of roasting. According to these coffee experts (and this would be a good place to go if you ever need an expert witness on espresso), they roast their beans just to the point of extracting the most flavor. Roasting any further results in the somewhat bitter taste you can get at a

chain coffeehouse, like Starbucks, Peet’s, or Dazbog. Although those espressos will certainly do, Novo’s offerings are a cut above.

Novo also offers a menu of organic teas grown in Bangladesh using sustainable green technology. As The Docket’s designated tea drinker, I couldn’t resist returning to Novo for a cup. The choices ranged from ginger herbal infusion to lemon grass to neem nectar tea (made from the subcontinent’s neem tree, of course), white tea, and several black teas. I sampled the Bengal Breakfast Tea, which was delicious. It was rich, full-bodied, and absolutely lacking in the acidic taste that plagues many black teas. Put-

ting sugar in this tea should be a crime.

I enjoyed my tea to a background soundtrack that could have come off of my iPod: Traveling Wilburys, Rolling Stones, Don McLean, Rod Stewart, and my favorite Crosby, Stills and Nash song, “Wasted on the Way” (OK, I know that

“

really know the ins and outs of the coffee they sell, and are colorful characters that maximize the coffee house experience.

Marshall and I hit Novo on a pleasantly slow day after I had munched down on a great food truck arepa (Quiero Arepas) at Civic Center Park. We copped

This would be a good place to go if you ever need an expert witness on espresso.”

some good music has been produced since 1989, but I’ll stick to the classics).

One thing Novo lacks is much of a pastry assortment. They offered some brownies, but I opted for the Almond Chocolate Chip Granola Bar, which is touted as gluten free, dairy free, and vegan. As tasty as that sounds (who needs gluten, anyway), it was a bit dry and lacking in punch.

My verdict: With great coffees, teas, and music, Novo beats the pants off of the chain coffee shops.

Rawlings’ Turn Among Denver coffee snobs, the usual argument is Novo vs. Pablo’s.

Both make excellent coffees by showing unusual attention to detail, especially in the roasting. Both have staffers who

a nice seat on the patio across from the DAM and watched tourists as they floated through the plaza. I tend to order espresso when I go to Novo, but that day I opted for an Americano, with a splash of half-and-half and a packet of raw sugar.

It was just what the doctor (and my caffeine addiction) ordered. Rich, smooth, with a nice mouth-pleasing afterglow.

Novo until recently also had stands in the DAM. The upside of the stands was, of course, the art; the upside of the shop is the outdoor patio. Also, the shop itself abuts a Mad Greens, so you can kill two birds with one stone if you’re hungry. Another big plus for the shop is that it has a wine and cheese bar beside it, which serves an excellent happy hour menu. Basically, if you were of a mind, you could have Novo’s coffee for break-

Offerings at Novo show the local shop’s attention to detail, especially in the roasting. fast, a Mad Greens salad or panini for lunch, and then hit the wine and cheese bar to finish out your day without ever leaving the one big space that houses them. Even I am not that pathetic, but it is a possibility.

My verdict: I give a big yes to Novo’s experience, though I do miss the catalog of coffees and the beans they used to keep out for their customers perusal. D

MEANINGFUL MEDIATION CONVERSATIONS • Are thoughtfully facilitated by the mediator.

• Jointly and directly engage the participants.

• Increase understanding of the conflict, risks, interests and options for resolution.

• Are open, healthy and appropriately respectful.

• Enlarge, rather than diminish, the participants.

www.MilwidSchlosser.com Representing Individuals and Business Owners in Bankruptcy since 1987

November 2011 I The Docket 17

The

Government We Deserve

by D oug McQ uist on

A

s I watch the GOP presidential nomination race start to heat up, I find myself struck with a wave of sadness. The old axiom that we “get the government we deserve” has never been more apt. We demand that our politicians “do what we want them to,” then wonder why they can’t figure out what the heck that is. We demand lower taxes, but will accept no cuts in government benefits or services. At Tea Party

audience, likely someone with impeccable “Tea Party” credentials, demanding to know what they would do “to protect the women of Afghanistan?” Huh? How did we get here?

When Ben Franklin walked out of Liberty Hall after the final touches were put on the Constitution, a woman asked him, “What sort of government have you given us?” He turned to her and said, “A republic, madam, if you can keep it.” Can we?

These days, people demand to know

obligation to pull our own oar. We have neglected our duty to our ancestors who delivered our grand republic to us. We no longer think of the government as our representatives. It seems to us now just a source of “free” money, whether through welfare transfer payments or corporate rent-seeking. Self-reliance has fallen out of fashion. Now, if you don’t slurp your share of “free” feed from the government trough, you’re just a chump.

Was it really a half-century ago that a staunchly Democratic young presi-

“

When Ben Franklin walked out of Liberty Hall after the final touches were put on the Constitution, a woman asked him, ‘What sort of government have you given us?’ He turned to her and said, ‘A republic, madam, if you can keep it.’ Can we?”

demonstrations, ardent Republicans stand with signs that say “Keep the Government Out of My Medicare!” On the other ideological side, there is nothing but an insatiable desire for more government “care,” as if we will never have to pay back that largesse.

At one of the recent debates, the GOP candidates heard an explosion of applause when Ron Paul said we needed to “get our troops out of Afghanistan now.” Only minutes later, the candidates faced a question from a member of the

18 The Docket I November 2011

what the government will do to “create jobs,” as if that were even possible. As states go bankrupt, their government union members violently demonstrate against the smallest reductions in their benefits. Wall Street enterprises insist on keeping their profits, but sending their losses to the taxpayers, and our government meekly goes along. Are we still capable of doing as Franklin commanded?

We’ve lost the notion that our country is us, and that we each have an

dent, rising to give his inaugural address, exhorted the crowd to “ask not what your country can do for you; ask what you can do for your country”? Didn’t he say to the whole world that Americans would “pay any price, bear any burden, support any friend, and oppose any foe, to secure the blessings of liberty”? What’s happened to us in these last few decades?

If John F. Kennedy was alive today, he would find no home in the Democratic Party. They have carried identity politics to such corrupting extremes that their

The Pangs of Changing the Law

by D ennis P. Walke r ndia recently passed reform legislation to “finally” combat corruption in government. The hunger strike of a respected protester prompted this change, according to the Western media.

We hear that he fasted for eight days.

Several weeks earlier, the U.S. Congress announced an agreement on legislation to raise the debt ceiling. Observers say the legislation was expected, but it came at the supposed “final” moment. Many had predicted that new legislation would emerge as a critical necessity. Credit analysts then downgraded the worthiness of U.S. treasury bonds. They chose this action, the media reported, because Congress did not budge until it was almost too late.

The relative hunger of elected officials was not reported.

This leads to the question: Who in American public life could cause a change in the law by refusing to eat? Fellow Docket Committee member Marshall Snider asked me, “Didn’t it take Gandhi weeks” to prompt change by the British regime? In the U.S., tremendous disagreement along party lines staggered attempts to achieve legislation on the funding of government expenditures.

Fasting was not suggested as a means to break the impasse.

Pondering the influence of the politically powerful to promote the passage of legislation can lead to several hypotheticals.

If Rush Limbaugh chose not to eat, would lawmakers worry and take drastic action?

If Lindsey Graham and John McCain felt compelled by administrative “failure” to start skipping meals, would priorities

get reshuffled?

If John Boehner cut back to the Spartan diet of a barroom janitor, would masses rally to trim spending?

If Nancy Pelosi began skipping meals and risked losing the strength to maintain her smile in a crisis, would the rest of Congress rediscover priorities for financial measures?

If former President Bill Clinton chose to go without regular consumption (“I want you to feel ma hunger”), would currently serving officials regain any focus?

I hope Indian protestor Anna Hazare will not be disappointed by moves to stem corruption following his resumption of regular meals. It remains to be seen whether elected representatives will use a crisis to shine a spotlight on their ideas or in fact make sacrifices to accomplish what is needed for the country. D

constituency is reduced to an amalgam of need groups all clamoring for the government to do something for them.

The word liberty has been stricken from their lips as an anachronistic thing of the past. They long ago abandoned the noble course Kennedy set for them that cold January day in 1961. The only “Big Idea” they can muster to get the economy back on track is to borrow trillions of dollars from our grandchildren to squander on bottomless pits of “stimulus” that fail to stimulate anything but the demand for more.

But would he be a Republican? Not likely. Their “Big Idea” on the economy begins and ends with tax cuts, as if businesses just need more cash for our economy to right itself. No one seems to notice that most large businesses are awash in cash, and banks are hoarding it in the trillions. Calling for tax cuts is easy—what’s lacking is the courage to ask the hard questions instead: how are we to actually cut spending? How small ought government be in the new mil-

lennium? No one in the GOP objected to deficit borrowing in the previous administration, and they seem no more interested than the Democrats in Kennedy’s notions of American greatness and exceptionalism.

So, what’s the answer? We need to be honest with ourselves first. It all started to happen when we began viewing the government as an indulgent parent, instead of as a daring, collaborative experiment in self-rule.

The problem is not our politicians.

It’s us. We’ve lost the knack for looking out for ourselves. The time to get it back is running out.

The “conservative” and “liberal” labels now en vogue are backwards. Historically, a Classical Liberal was someone who believed we had the unalienable freedom to govern ourselves, to chart our own course, free from undue interference from a sovereign. But we also understood this right came with a responsibility to remain self-reliant, and not demand protection from the gov-

ernment for the consequences of our mistakes, big or small.

I am reclaiming that label today, and I hope it catches on. Classical Liberals believed in a small, competent government that did well the few things we entrusted to it. They were self-reliant, but also possessed of a civic spirit and a belief in the power of self-government.

They took seriously the duty to be welleducated, active, involved, and willing to do their share for their country. They knew it wasn’t about “me,” it was about “us.” They were in good company— Thomas Jefferson, John Adams, and Ben Franklin were all Classical Liberals. De Tocqueville identified the philosophy as classically American. If he were to travel the country today, he would cry at what he saw.

Nearly 230 years after Franklin delivered it to us, we still have a republic, if only just barely. The question you each need to ask yourselves for next year, before you sit down to decide whom you’ll vote for is this: Can we keep it? D

I

November 2011 I The Docket 19

High-Stakes Communication on the High Seas

by S te ven N ichols

T

he day before “discovering” the Western Hemisphere, C hristopher Columbus did something rather modern. He called a meeting.

The trip to dry land had been longer than either Columbus or his crew had expected, and he was facing the real possibility of mutiny. He promised the crew that if they hadn’t discovered land within two days, they would turn back. The next day a scout on the Pinta saw a light in the Bahamas.

Earlier that year (you know the one), he had another highstakes meeting. Queen Isabella and King Ferdinand finally granted him the funds he needed to cross the ocean blue.

Failure in the meeting with the monarchy meant poverty and dishonor.

Failure in the meeting with his crew meant death.

More than five centuries later, our meetings most commonly address the mundane, but on occasion, all of us find ourselves in a high-stakes meeting.

We need a big expense approved. Our employees are threatening mutiny (the figurative kind), or a client is getting ready to jump ship.

A failure of communication with your crew during these intense conversations can have drastic consequences (dishonor, but not death). Here are three tips for thriving in intense heat and forging stronger relationships.

What are We Talking About?

Conversations have a way of drifting unexpectedly into the deep end. A simple conversation about the office party can turn into a fierce debate over bonuses.

When this happens, stop. Ask yourself, “What are we talking about here?”

Recognize that the conversation is no

20 The Docket I November 2011

longer trivial and deserves unequivocal focus and perfect communication. Point this out to the other party, too.

Am I prepared for a Highstakes Conversation?

In order to have effective communication in a high-stakes conversation you need three elements: • The right environment. Show the other person in the conversation that you’re taking their concerns seriously by holding the conversation in a conference room or a private area. Remove distractions and focus on effectively communicating.

• The right time. Cramming too much conversation into too little time leads, at best, to a tenuous resolution or commitment, and, at worst, to spite and frustration. If a hard stop is looming, suggest a time to restart the conversation.

• The right background. Good communication is based in facts, not stories.

Communication Starts with Common Ground Columbus had something in common with his crew. He didn’t want to

starve to death in the middle of the ocean. Without that common ground, he wouldn’t have survived past the Canary Islands.

He also had something in common with the Spanish monarchy. He was broke and needed money badly. Spain had just finished a war with Granada that had depleted the treasury. Both he and the monarchy needed a big win.

Two parties need common ground to arrive at a mutually acceptable conclusion. Starting from “We both want the same thing; we just disagree about the details,” leads much more directly toward a decision that both parties can support.

Meetings for most of us are a daily event, an entrenched part of the business landscape. Recognizing what is at stake and addressing it appropriately can make the difference between a successful ocean crossing or foundering at sea. D Steven Nichols works with Mission Critical Systems, a Denver training company. Please contact him with questions at (303) 383-1627, ext. 1104.

Troubled by Rude and Unprofessional Attorneys?

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

Ben Aisenberg: (303) 861-2500

Mary Malatesta: (720) 913-6245

Roger Castle: (303) 839-8251

David Steefel: (303) 749-7208

Sponsored by

the DBA Peer Professionalism Assistance Committee

November 2011 I The Docket 21

Lessons from Constitution Day

by Colin Walke r “Can any of you run for Senate?” “ Yes!” came the enthusiastic response from McMeen Elementary fifth graders.

“No,” replied Connie Smith, an attorney with Fairfield and Woods, her response grabbing their attention.

“None of you is 30 yet!” And so went the dialogue during Constitution Day, as fifth and eighth graders learned about the Constitution from volunteer attorneys in the Denver area.

Smith, along with two other attorneys from Fairfield and Woods, engaged 100 fifth graders for three 45-minute learning sessions that sounded more like a fun-filled exchange than a civics lesson.

Colin Walker, one of the three attorney volunteers, brought a gavel to keep order with his 25 students, but it was not needed. The students had prepped for the session and were eager to surprise Walker with their new knowledge of the three branches of the government, the Declaration of Independence, and the Constitution. Jack Tanner, the firm’s third volunteer, arrived dressed for success, with a red, white, and blue flag tie.

Prior to Constitution Day, Jane McFadden, a McMeen fifth-grade teacher, had identified her students and three other classes to participate with the attorneys.

All over Denver similar learning was occurring the week of Sept. 12.

Constitution or Citizenship Day, observed on Sept. 17, commemorates the date when delegates of the Constitutional Convention signed the U.S. Constitution in 1787. When the date falls on a weekend, as it did this year, another date is selected during Constitution Week, the five school days in September dedicated to commemorating the adoption of the Constitution.

The purpose of Constitution Week is to promote study and education about the Constitution, and Constitution Day is set aside specifically by each teacher as

22 The Docket I November 2011

Colin Walker visited a Denver classroom with a civics lesson for Constitution Day. See more Constitution Day photos in Picture This on page 31. a day to educate their students about the importance of the Constitution.

This September marked the sixth year that the Denver Bar Association has matched volunteer attorneys with Denver Public Schools to talk with students about the Constitution. To ensure a strong program, the DBA worked with Liberty Day, a nonprofit organization that provided each child with a redwhite-and blue pencil and a pocket-sized copy of the Constitution, and provided their teachers and lawyer volunteers with instructional materials. There were 1,553 students taught by volunteer attorneys—1,058 elementary students and 495 middle school students.

“It was fun to figure out what information would engage them,” said Smith, who did her homework to prepare a lesson plan. She found a wonderful website, icivics.org, beforehand that inspired her.

The project was created by Supreme Court Justice Sandra Day O’Connor to teach children civics. The site is engaging and informative, exactly the same qualities that these three Fairfield and Woods lawyers strived for with their classes.

According to students and teachers, Constitution Day did just that. D Colin A. Walker focuses on trials and litigation, particularly employment law, landlord/tenant, construction, intellectual property, securities, and real estate-related litigation, at Fairfield and Woods. He also counsels clients on employment policies and practices.

A special thanks to all of the volunteers who made this event possible: Lacy A. Baldwin, Jocelyn Bates, Jamie A. Bosten, Jim Carr, Jill Chase, Randy B. Corporon, Joshua Crawley, Jane T. Feldman, C. Adam Foster, Jason R. Gardner, Tim Gilmore, Russ Haskell, Eric J. Heil, Jeremy Hildebrand, Matthew Holohan, Linda J. Hoover, Scott S. Humphreys, Don D. Jacobson, Raymond Dean Jones, Jeff Knetsch, Trish M. Krajniak, Amy Kramer, Herrick K. Lidstone, Matthew Morrissey, Charles H. Nadler, Edward W. Nottingham, Christopher L. Ottele, Dan Pabon, Margaret Perl, Joe Peters, Steve Roberts, Monica Rosenbluth, Robert F. Rosenthal, Ann M. Schroeder, Connie Smith, Douglas A. Stevens, Jack Tanner, Elsa Martinez Tenreiro, and Steven Woodrow.

BRIEFS District and County Court Orientation This program is designed for newly admitted and new-to-the-area attorneys.

Denver District and County Court judges and staff will be on hand to introduce you to the facilities and provide key information about procedures and resources. The program will be held at the Denver City and County Building, at 1437 Bannock St., in the Jury Assembly Room, room 431, on Thursday, Nov. 17, from 8:30 a.m. to 4:30 p.m. Six CLE credits and one ethics credit have been requested. The cost to attend is $45 for DBA members and $55 for non-DBA members. RSVP to lunches@cobar.org or call (303) 8601115, ext. 727.

After the program, join the DBA Young Lawyers Division for “Barristers After Hours” at Katie Mullen’s, 1550 Court Place.

DU Law Stars Nominees Sought The nominations for the 2012 DU Law Stars opens Tuesday, Nov. 1. Please visit law.du.edu/alumni for more information and to nominate honorees.

Awards include Outstanding Alumni Award, Alumni Professionalism Award, Robert B. Yegge Excellence in Teaching Award, Thompson Marsh Award, and the Bruce B. Johnson Outstanding Young Alumni Award. For more information, contact Laura Dean at (303) 871-6122 or ldean@law.du.edu.

Support MVL for Colorado Gives Day Fo r t h e s e c o n d y e a r, M e t ro Volunteer Lawyers is participating in Colorado Gives Day, which aims to support nonprofits that protect and nurture quality of life in Colorado. For 24 hours, starting Dec. 6, donations will be taken online to local nonprofits like MVL. There are other bonuses, including incentives for organizations that have the largest percent increase in donations, the most dollars raised through fundraising pages, the most donors, and the most dollars raised. For more information or to donate, visit givingfirst.org/metrovolunteerlawyers.

Though Dec. 6 is the official giving day, donations to MVL can be accepted

through that Web page year-round.

Seniors Committee Holiday Lunch The Seniors Committee invites friends and colleagues to a luncheon to share warm wishes and holiday cheer.

The gathering will be held at noon on Monday, Dec. 12, at the DBA office, 1900 Grant St., Suite 900. Cost to attend is $12. To RSVP, contact Sara Crocker at (303) 824-5347 or scrocker@cobar.org.

Please RSVP by Dec. 8.

Gear Up for Lawyers League Basketball The Lawyers Basketball League will kick off its 2012 season in January at the University of Denver Hamilton Gym. The expected team entry fee will range from $650 to $750. Sign-up information was sent to last year’s team captains in October; others who are interested in registering, forming, or joining a team should contact Todd Jansen at (303) 337-0838 or todd@toddjansenlaw.com or Rob Hooke at (720) 530-4279 or rhookeesq@gmail.com.

Mr. Civil Rights argued we were separate and unequal and won.

He couldn’t have done it without the support of pro bono lawyers.

history

A Colorado pro bono campaign.

make

let’s talk

history Only you can.

www.MakeHistoryColorado.org

November 2011 I The Docket 23

24 The Docket I November 2011

November 2011 I The Docket 25

Legal

AFFAIRS GOOD THINGS Joshua M. Hantman, an associate at the law firm of Brownstein Hyatt Farber Schreck, was recently appointed to the MaxFund advisory board. As a board member, Hantman will oversee the operations and finances of MaxFund, and help guide the strategic growth of the organization.

Incorporated in 1989, MaxFund was created by Dr. Bill Suro and his wife Nanci to save stray, injured animals from euthanasia.

Linda Siderius of Caplan and Earnest LLC in Boulder has been added and accepted to the American Arbitration Siderius Association’s roster of neutrals. She arbitrates commercial and health care cases.

The Colorado Trial L awyers Association (CTL A), announces the election of its officers, who include James Croshal Croshal, attorney at law in Pueblo, as presidentelect; Michael Ogborn of Ogborn, Summerlin & Ogborn LLC in Denver, as vice president; Michael Ogborn Mihm of Starrs Mihm LLP in Denver, as secretary; and Ross Pulkrabek from Jones & Keller PC in Denver, as treasurer.

Jason R. Dunn, a shareholder at the law firm of Brownstein Hyatt Farber Schreck , was recently appointed 2011–12 chair of the Colorado Competitive Council (C3).

Children’s Law Center Fordyce announces that staff attor-

ney Betsy Fordyce has won the Stephen Cahn Outstanding Young Lawyer Award.

Jennifer C . Alldredge has been accepted into the global women’s network, 85 Broads.

Alldredge’s practice Alldredge focuses on domestic relations.

Gibson Dunn & Crutcher announces that par tner George Cur tis was appointed to the board of directors of the Colorado Humanities Council.

Neil Oberfeld, real estate shareholder in the Denver office of the international law firm Greenberg Traurig LLP, has Oberfeld been named vice-chair of the Governor’s Committee on Community Service, which oversees the Serve Colorado program.

Jim Mulligan and Thomas B. Romer have joined Metropolitan State College of Denver’s Foundation Board of Directors.

Mulligan Mulligan is a partner at Snell & Wilmer, where his focus is single and mixed-use real estate developments, public/ private partnerships, Romer gover nment relations, affordable housing, and sustainable community governance.

Romer is a shareholder in Brownstein Hyatt Farber Schreck’s corporate and securities group. With a predominantly corporate transactional practice, he focuses on mergers and acquisitions, securities, finance, and business formation.

Jefferson County Mediation Services

awarded Denver personal injury, family law, administrative attorney Cathy A. Klein a certificate of appreciation, naming her Klein the Divorce & Parenting Mediator of the Year.

Bruce L. Plotkin, shareholder at the law firm of Brownstein Hyatt Farber Schreck, received the Special Leadership Recognition award at the Annual Meeting of the Allied Jewish Federation of Colorado.

The staff of Colorado Bar Association Continuing Legal Education (CBA CLE) won three awards this year from the Association for Continuing Legal Education in the categories of publications, technology, and public interest.

Dominic Lloyd, a par tner with Baker & Hostetler, LLP, was recently elected to Porter Adventist Hospital’s Board of DirecLloyd tors.

Lloyd focuses his practice on corporate finance, mergers and acquisitions, and general corporate work.

Justin J. Prochnow, shareholder in the Denver office of the global law firm Greenberg Traurig LLP, has been named to the Junior Prochnow Achievement Rocky Mountain Board of Directors.

His law practice focuses primarily on regulatory and business issues in the food and beverage, medical device, sports nutrition, drug, cosmetic, and dietary supplement industries.

Emily L. Droll, an associate at the law firm of Brownstein Hyatt Farber Schreck, recently was appointed to the AfricAid Board of Directors. As a board

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 Mills at kmills@cobar.org by the 5th day of the month.

26 The Docket I November 2011

member, Droll will help the organization grow its educational impact on African women.

The Boulder Chamber recently announced that Colorado Law Clinical Professor Brad Bernthal will receive the 2011 Robert Plancher Award at the 27th Annual Esprit Entrepreneur Awards.

B e r n t h a l te ac h e s t h e E n t re preneurial L aw C linic and the Samuelson-Glushko Technology Law & Policy Clinic and serves as the director of the Silicon Flatirons Center’s Entrepreneurship Initiative at CU-Boulder.

He also teaches doctrinal courses in the areas of venture capital, telecom policy, and spectrum management.

CHANGES The Witt Law Firm is very pleased to welcome Marc i A c henbac h as an associate. Achenbach brings extensive experiAchenbach ence to the firm’s busy construction defect and insurance practice. Previously, Achenbach worked with Sullan², Sandgrund & Perczak P.C. Heather Gwinn Pabon and Anna Reinert have joined the Children’s Law Center as staff attorneys. Pabon has dedicated most of her career to working with abused and neglected children and adolescents and Reinert has advocated for children in several settings over the past nine years.

Allen & Vellone, PC is pleased to announce that Mark A. Larson has joined the firm as associate with an emphasis in bankruptcy.

Dana L. Eismeier, a shareholder at Burns Figa & Will P.C., has been appointed head of the firm’s Litigation Department.

Eismeier Eismeier specializes in commercial, employment and environmental litigation.

Burleson LLP is pleased to announce that Brent Chicken, Katharine Fisher,

Ron Lev, Joshua R. Neely, Christopher Scolari, and Simon Tolbert have all joined its new office in Denver.

Chicken

Fisher

Lev

David S. Chipman and Daniel W. Glasser are pleased to announce the formation of Chipman Glasser, LLC. The firm will Glasser serve clients throughout the west in areas of commercial litigation, construction, real estate litigation, and creditor’s rights.

WEDDINGS

Neely

Scolari

Tolbert

Wells, Anderson & Race, LLC is delighted to announce that Larry S. McClung has been made a member of the firm. His McClung practice will continue to include defense of construction and commercial transportation claims, defense of professional liability claims, and commercial litigation and trials.

C hr isto pher S . Jensen has joined Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) as an associate.

Jensen will practice with the firm’s real estate and land use groups.

BRICKS & MORTAR The Houston-based energy law firm of Burleson LLP announced the opening of a new office in Denver in the Wells Fargo Luellen Center at 1700 Lincoln St., Suite 3950.

Jack R. Luellen, a seasoned oil and gas lawyer, will serve as managing partner.

David W. Kirch is pleased to announce that Charles E. Rounds was named a partner in the firm, which will now be Chipman Kirch and Rounds, PC.

Andrea Lea Mueller and Manuel James Arias were married on Sept. 17, at the Seven Seas Restaurant on NagaMueller & Arias wicka Lake in Hartland, Wisc. Mueller is a Program Coordinator in the Sections and Committees Department at the Colorado and Denver Bar Associations.

K ate Mills and David Schuster were married on Sept. 16 at Arrowhead Golf Club in Littleton, Colo. Mills is Mills & Schuster a Communications and Marketing Assistant at the Colorado and Denver Bar Associations. She also is the graphic designer for The Docket.

IN MEMORIAM Da n i e l H u b b a rd , an Equity Partner with Messner & Reeves, LLC and member of the firm’s litigation depar tment, Hubbard passed away on Aug. 30.

He is survived by his wife, Lori, and three children. Hubbard was a member of the American Board of Trial Advocates and served as Vice President (and PresidentElect) of the Colorado Defense Lawyers Association.

Hubbard was an avid cyclist and participated in several bike races, including the Courage Classic with the Wheels of Justice Cycling Team.

November 2011 I The Docket 27

Dates on the

DOCKET DBA EVENTS

FOR THE PUBLIC

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

To volunteer for the DBA Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at (303) 824-5323.

Nov. 2

Nov. 1

Lawline 9 — 4–6:30 p.m.

Nov. 2

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

Call (303) 295-9470.

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

Call Carolyn Gravit, (303) 824-5323.

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

Nov. 3

Democracy Education Noon–1:30 p.m.

Call Carolyn Gravit, (303) 824-5323.

Nov. 8

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

Nov. 10

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

Nov. 15

CAN Monthly Meeting Noon–1 p.m.

Call Kate Mills, (303) 824-5312.

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

Nov. 23

Lawline 9— 4–6:30 p.m.

Nov. 30

Lawline 9— 4–6:30 p.m.

Nov. 8

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

Nov. 9

Lawline 9— 4–6:30 p.m.

Nov. 15

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

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

Call (720) 944-2594.

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

Call (303) 573-1302.

Nov. 16

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

Lawline 9— 4–6:30 p.m.

28 The Docket I November 2011

Nov. 17

Join a Committee!

If you are interested in joining a committee listed here, call (303) 860-1115 with questions.

For a full list of DBA committees, visit denbar.org.

Write for

The Docket DBA members are encouraged to send story ideas, photos, tips, and fun articles for The Docket Committee’s consideration. Our goal is to have a newsletter that is an outlet for prose by Denver attorneys, featuring stories about members and about matters of interest to our members. We want to include both the sincere and the satirical! Send member announcements, ideas, or content t o E d i t o r S a ra C ro c k e r a t scrocker@cobar.org.

2012 DU Law Stars

Nominations!

Award Categories Alumni Professionalism Award ••

Leslie Lawson

Dan Himelspach

Robert B. Yegge Excellence in Teaching Award ••

21Years of High Quality

Outstanding Alumni Award

Dispute Management Services

••

Thompson Marsh Award ••

Bruce B. Johnson Outstanding Young Alumni Award Nominations for the 2012 DU Law Stars opens November 1, 2011.

Freddy Alvarez

Janis Cella

Todd Mackintosh

1801 Williams St. Ste. 300 Denver, CO. 80218 (303)321-1115

www.DisputeManagementInc.com info@DisputeManagementInc.com

Please visit www.law.du.edu/alumni for more information and to nominate honorees. For more information, contact Laura Dean at 303-871-6122 or ldean@law.du.edu.

The DU Law Stars dinner will be held in the fall of 2012. Please visit our website for award criteria and guidelines at www.law.du.edu/alumni/lawstars.

DENVER BAR ASSOCIATION

PLACEMENT SERVICE l

Full-Time

l

Temp

l

Time-To-Hire

Attorneys Secretaries l Paralegals l Receptionists l Accounting l Administrators l Office Services l

l

Serving the Legal Community since 1986 Mev Parsons / Barb Allen (303) 894-0014

NOW PLACING ATTORNEYS!!!

November 2011 I The Docket 29

Picture

THIS

Awards Celebrate Diversity in the Legal Profession Kathleen Nalty was honored with the Diversity Trailblazer Award and Gordon & Rees LLP was recognized with the Diversity Leadership Award at the Diversity in the Legal Profession Committee’s Diversity Awards on Sept. 8. The Trailblazer Award honors a Colorado attorney who has made meaningful and significant efforts to advance diversity within his or her organization and the legal profession. Nalty has served as executive director of the Center for Legal Inclusiveness, formerly Colorado Campaign for Inclusive Excellence, since its founding in October 2007. The Diversity Leadership Award recognizes a Colorado law firm or corporate legal department that is a leader in diversity. Gordon & Rees LLP has increased the number of diverse attorneys in its Colorado offices to approximately 10 percent. The firm formed an Inclusiveness and Diversity Committee and is piloting the Colorado Campaign for Inclusive Excellence program.

x

From left, Franz Hardy, of Gordon & Rees, stands with Hon. Wiley Daniel, Kathleen Nalty, Executive Director of the Center for Legal Inclusiveness, and Meshach Rhoades, past DILP Committee Chair. Hardy is chair of Gordon & Rees’ National Diversity Committee, which was recognized with the Diversity Leadership Award. Nalty was recognized with the Diversity Trailblazer Award.

Colorado Lawyers Committee Executive Director Connie Talmage poses with DBA Second Vice President Lucia Padilla and DBA Trustee Catherine Chan.

30 The Docket I November 2011

DBA Happenings Thirty Years of Legal Aid The Legal Aid Foundation of Colorado celebrated its 30th anniversary at the Carriage House of the Governor’s Mansion on Sept.

15. Firms and individual donors who have given generously to support legal aid throughout the years were honored. More than 130 guests enjoyed great food and company.

Paul Phillips accepted an award on behalf of Holland and Hart, which was recognized for longstanding leadership and support, and Fred Baumann, who serves as chair of the Colorado Access to Justice Commission, received an award for individual leadership and support.

From left, CBA Presidentelect Mark Fogg, Kenzo Kawanabe, Hon. Cheryl Post, and DBA President Ilene Bloom celebrated at the anniversary party.

Legal Aid Foundation board member Leslie Eaton poses with Lt. Gov. Joe Garcia.

Attorneys Bring Civics Lesson on Constitution to Denver Classrooms During the week of Sept. 12, 1,553 students—1,058 elementary students and 495 middle school students—were taught by volunteer attorneys about the Constitution and how it impacts their lives each day. For the sixth year, the DBA collaborated with Liberty Day, bringing attorneys to local classrooms to teach about the Constitution. The program led up to National Constitution Day, observed on Sept. 17, celebrating the 224th anniversary of the signing of the U.S. Constitution.

Omar D. Blair Charter School sixth grader Treal Swanson raises his hand to answer a question during a Constitution Day presentation.

Attorney Scott S. Humphreys spoke with the sixth,-seventh, and eighth-graders about the U.S. Constitution and the Bill of Rights for Constitution Day on Sept. 16 at Omar D. Blair Charter School.

November 2011 I The Docket 31

samuEl Gordon, Esq. ElainE a.WohlnEr, Esq.

hon. richard d. TurElli

hon. JamEs s. millEr

hon. TErri s. diEm

shEldon E. FriEdman, Esq.

hon. John P. lEoPold

hon. harlan r. Bockman

colliE norman, Esq.

410 17th Street, Suite 1600 • Denver, CO 80202 tOllfree 1.866.534.1254 303.534.1254 32 The Docket I November 2011