2012 November

Denver Bar Association I Vol. 3434 Issue I March 2012 2012 A Denver Bar Association Publication I Vol. Issue3 10 I November

Inside Hancock Reflects on Role as Mayor

by Ryan Jardine

Meet Your New Board of Trutees Members Vanuatu: Not Your Typical Trip to the South Pacific

by Marshall Snider

The

Perfect Match

Mentors and mentees reflect on their year in the Denver Bar Association’s Mentoring Program.

Thank You

To everyone who attended the University of Denver Sturm College of Law

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Vol. 34 Issue 10 I November 2012

ON THE COVER 6

The Perfect Match: Finding the Right Mentoring Relationship

8

Hancock Reflects on Highlights of First Year in Office

10

Who’s Who Representing You

16

Vanuatu: Not Your Typical South Pacific Experience

FEATURES 4

From the President

12

Report from Chicago: Inside the ABA Annual Meeting

14

There’s a Word for That: Breaking Up the Monotony in Naming Groups

20

That Person Really Irritates Me!

8 18

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

22 16

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

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

D. Rawlings, Frank J. Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker DBA OFFICERS: James G. Benjamin, President; Daniel R. McCune, PresidentElect; John M. Vaught , First Vice President; Gillian M. Bidgood, Second Vice President; Ilene Lin Bloom, Immediate Past President; Daniel A. Sweetser, Treasurer BOARD OF TRUSTEES MEMBERS: Catherine A. Chan, Janet Drake, Nicholas Ghiselli, Vance O. Knapp, Barbara J. Mueller, Lucia C. Padilla, Meshach Rhoades, Frederick B. Skillern Andrew M. Toft; Chuck Turner, Executive Director EDITOR: Sara Crocker P.C. EDITOR: Chuck Turner CHAIR: Ryan T. Jardine GRAPHIC DESIGNER: Kate Schuster

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

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

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

November 2012 I The Docket 3

From the President

A Heaping Helping of Thanks Ahead of Turkey Day

by J im Benjamin

N

ovember starts the traditional season of holidays. We all go overboard in celebrating the fourth Thursday of the month, but it seems Nov. 11 ought to be given at least equal time. The day was first declared a holiday in 1919, then known as Armistice Day, and served as a day for Americans to reflect “with solemn pride in the heroism of those who died in the country’s

“

It is imperative that we all do stop on Nov. 12 (this year’s observed celebration of Veterans Day) to give thanks for our servicemen and servicewomen in prayer and in person; however, I believe such tribute should not be reserved to a single day but rather exercised and displayed throughout the year.

How about picking up that snack and beverage for the uniformed military personnel on the plane? How about making dessert “on you” for the serviceman or servicewoman dining in the restaurant? Why should a uniformed member of the service pay for his or her parking meter? Cough up four quarters to feed the meter. Just as important, do go out

and I celebrated being married a third of a century in October. Having the honor to serve as president of the DBA brings with it a responsibility to attend many receptions, awards dinners, and national bar conventions. Although she may be thinking otherwise to herself, outwardly Isabell always cheerfully accompanies me. I have two fabulous children, and there has never been a single day of disappointment; indeed, it has been more than a lifetime of pride and joy in seeing their educational and career successes and, more importantly, the growth of kind hearts in each.

Related to my law practice, any success attributed to me is not of my

Our profession is poised in a unique position to display our gratitude to those who have risked the ultimate sacrifice for our protection.”

service and with gratitude for the victory ... and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations.” In 1954, Armistice Day was changed to Veterans Day to celebrate and honor all veterans, not just those who died in World War I. Citizens of the United States enjoyed, and perhaps became complacent, with a feeling of domestic safety and security until Sept. 11, 2001, when a new reality arose. Since that time, the efforts of veterans have successfully restored a great majority of our ability to get through a normal day without concern of the threat of terrorist activity or acts of foreign aggression. Sure, we are inconvenienced by the need for security screening on every entrance to the courtroom and every airline flight to take an out-of-state deposition, but for the most part, we all end each day without giving thought to the risk of potential harm from those who would commit the same atrocities as occurred on 9/11.

4 The Docket I November 2012

of your way to walk up to a serviceman or servicewoman and simply say, “Thanks for your service.”

Our profession is poised in a unique position to display our gratitude to those who have risked the ultimate sacrifice for our protection. Veterans are in need of legal services, many with limited means to do so. John Vaught, our own DBA First Vice President and a Vietnam veteran, has been instrumental in the organization of Colorado Lawyers for Colorado Veterans, which provides free legal clinics to assist veterans with advice on the many issues they face. You need not have experience on such issues—the bar program will train you. For more information, please contact Carolyn Gravit at cgravit@cobar.org.

Of course, I don’t suggest we forget about the other big holiday of November; I only suggest that we give praise to our veterans equal to the blessings we count on Thanksgiving Day. For myself, I must start with how blessed I have been with family. Isabell

own making. I have been blessed with a one-of-a-kind legal assistant for more than 20 years. Dawn Jones not only is par excellence as to her skills, but she also anticipates and fulfills my needs before request. Every new associate who has ever worked for me will attest to the fact that on their first day they are introduced to Dawn and informed that she knows more about the practice of law than they—and respect is not just encouraged; it must be one of their top priorities. If not the first day, then on their next, the new associate is given the same lecture as to court clerks.

Pulling from the phrase the “apple does not fall far from the tree,” I believe one of the reasons I derive such enjoyment from mentoring new lawyers is that I was a pupil of some of the best.

When I started practicing in Los Angeles, there were three lawyers who gave freely of their time, re-creating the idea of apprenticeship. Michael Smithwick, a veteran of World War II and a prisoner of war in Germany when his

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B-17 was shot down in his first mission, shared practice pointers that I have shared over and over with scores of younger lawyers.

Leonard DeMonte taught me the basics of writing a professional letter.

Neil Martin showed me the sanctity of a trust account.

When I joined the law firm of Towey & Zak, Ed Towey taught by example the art of taking depositions and trial court examination. Perhaps the biggest lesson I recall is the need to listen to the witness. Ed also repeated over and over the need for uncompromising respect and civility toward opposing counsel.

The next dozen years, I had the pleasure to learn from one of the greatest assemblage of legal talent at the firm of Roath & Brega.

In my bar association life, the administration and staff are a group to be more than thankful for. They are, to coin the phrase, to die for. I cannot imagine how hard this job would be without the political and policy expertise of Chuck Turner, the financial acumen of Greg Martin, the advice and counsel of Dana Collier Smith,

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and the administrative organization of Denise Lynch. Staff at the bar is so experienced, knowledgeable, and proficient that much of the duties in volunteering for a leadership role are to simply follow their instructions on where and when it is that you are to be present. The rest is orchestrated, allowing officers like me to focus on the big-picture issues facing the bar.

For all these, I give thanks now and on Nov. 22.

Coming full circle on things for which I am thankful, please join me on Nov. 12 and each other day of the year that the opportunity arises in giving thanks to our veterans. To every member of our bar association who has answered the call, I salute you and thank you for your service to our country. D

Join a Committee!

If you are interested in joining a DBA committee, 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 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, content, or member announcements to Editor Sara Crocker at scrocker@cobar.org.

November 2012 I The Docket 5

The Perfect Match

Finding the Right Mentoring Relationship Join the Denver Bar Association Mentoring Program Applications to participate as a mentor or mentee will be accepted until Thursday, Nov. 15.

Those interested in being mentored must be active, licensed attorneys in Colorado who have been practicing for three years or less. Lawyers admitted on motion to the Colorado bar who have been in practice three or more years in another jurisdiction may elect to participate in a modified program during the attorney’s first year of practice in Colorado.

Those who would like to mentor an attorney must be a Colorado attorney or judge with an active license in good standing who is engaged in the practice of law or a retired Colorado attorney or judge who retired from the practice in good standing. Mentors must have been admitted to practice in Colorado for at least five years.

For more information or to apply, please visit bit.ly/DBAmentoring.

by S ar a C ro cke r

W

hen Ed Hopkins signed up for the Denver Bar Association Mentoring Program, he did so hoping to get a better understanding of criminal law. But in working with his mentor, Charley Garcia, he was taken on

a new path that has affected his career and his understanding of the profession.

“Charley and I have had sometimes confrontational conversations, but very philosophical,” Hopkins said. “We would talk about what it means to be a lawyer in this community and we would go into detail.”

Largely because of their mentoring relationship, Hopkins said, he decided to leave a four-lawyer law firm he helped found. He started a new firm, HopkinsWay, where he focuses on defamation and privacy law litigation and has more time for pro bono work. His relationship with Garcia also caused him to focus less on the business of being an attorney and more on the less tangible aspects of the profession.

“Because [Charley] was willing to invest that kind of time in me, he persuaded me to become, I believe, a better lawyer,” Hopkins said.

The DBA Mentoring Program, entering its third year as a program and its second year as a part of the Colorado Mentoring Program, is supported by the bar associations and the Chief Justice Commission on the Legal Profession.

The 12-month program was revamped for the 2012 class to promote pride in the profession; excellence in service; and strong relationships with the bar,

courts, clients, and the public through teaching the core values and ideals of the legal profession and the best practices for meeting those ideals. Each mentee and mentor will receive 15 continuing legal education credits upon successful completion of the program.

Applications for attorneys who are interested in being a part of a mentoring relationship in 2013 are open until Thursday, Nov. 15.

For Nicole Black, getting involved in the bar association was an important first step after graduating from law school, and she saw the mentoring program as one of the best ways to do so.

Black, an associate with Davis & Ceriani, P.C., was paired with Tony van Westrum, a longtime business attorney who worked in large firms but then left to start a solo practice. He’s provided a wealth of knowledge for Black.

“The more you can gain from someone [who has] been there and done that, and from several different directions, is really helpful,” Black said.

Mentor Leia Ursery said she believes the young lawyers who participate in the Colorado Mentoring Program (which also has local programs like the DBA program operating in the 7th Judicial District, the 17th Judicial District Attorney’s Office, the Boulder County Bar Association, the

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Larimer County Bar Association, the Minori Yasui Inn of Court, and the University of Colorado School of Law) get a “leg up” in getting involved with the legal community. Additionally, Ursery, who serves on the DBA Mentoring Program Planning Committee, has seen an outpouring of support from established attorneys for the program.

“I think seeing the outstanding outreach and interest in this really reaffirms that people are willing to get involved in their legal community,” she said.

Colorado Court of Appeals Judge Alan Loeb, who has been involved with the program since it began, agreed. “[The mentoring program] got me involved in the larger community of the bar that was serious about and concerned about the state of mentoring in Colorado,” he said.

The program puts a strong emphasis on these one-on-one relationships and the values of the professionalism.

For Sarah Steinbeck, a mentee of Loeb, it was a way for her to learn more about other career options.

“At the time I started the program, I was in a non-traditional legal position, and Judge Loeb provided excellent advice on various paths that I was considering,” she said.

Mentors in the program noted that they were able to learn from others when they were first launching their careers, and a mentoring program is one way for them to pay it forward to the next generation of attorneys.

“I was very intrigued by a program that would hand-deliver a mentoring relationship,” Ursery said. “I was so lucky having that in my world and I just want to be sure others have that option, as well.”

It also is important to share the values of the profession with new attorneys, mentors said.

“In this town, your reputation is everything,” Garcia said. “That reputation goes beyond being just a good lawyer. It’s a good person, a good citizen, the whole package, and that’s all I tried to instill.”

Van Westrum echoed Garcia’s thoughts: “Every new generation needs

to be taught it’s not OK to kick and fight,” he said. “In Colorado, that’s not the way lawyers have gotten ahead. They’ve gotten ahead by being good.”

Black says it’s been helpful to have someone outside her firm that she can bounce ideas off of, and that she’s relied on van Westrum for his wealth of ethics knowledge to help her navigate “the little things you come across on a daily basis.”

It also helps to meet others in the profession and see how they have shaped

“

his peers to law school are still a part of younger generations.

“It’s really rewarding to see that the law profession is going to be in good hands for a long time,” van Westrum said. “There really is continuity to the profession.”

Those paired for the program agreed that the relationships they have established during the past year will continue.

More than that, Garcia said he hopes those who have been impacted by the

I think people should [be involved in the mentoring program] because it makes the profession a better place for all of us, and if you do that, society as a whole is going to be better because you’re going to end up with better lawyers who are going to give back to their community,” said mentor Charley Garcia.

their own career, said Kirsten Jacobs, who is being mentored by Ursery.

“You can’t know how to do everything overnight. This was the most intimidating perception I had about the legal profession,” she said. “There are so many aspects to every area of law, and it was comforting to learn that it takes most attorneys several years to overcome this learning curve.”

Both Hopkins and Black said their mentors also have encouraged and fostered their furthering involvement in the legal community. Hopkins serves as chair of the judicial nominating committee for the Sam Cary Bar Association. Garcia’s commitment to access to justice also has rubbed off, and Hopkins says he has logged more than 100 hours of pro bono legal services in the past year.

Black now serves on the Council of the Colorado Bar Association’s Young Lawyers Division.

“I think getting involved in the bar is really a good idea to remind you why you became a lawyer and what you like about the law,” Black said. “It’s really nice to step outside of that little microcosm of your firm.”

In serving as a mentor, van Westrum has been pleased to see that so many of the core values that led him and many of

program will continue to remain involved with its evolution.

“I hope that the one thing that comes out of a program like this is that Ed will become a mentor. That’s what’s really important, because that’s how it will spread,” he said.

Hopkins added, “That’s guaranteed to happen.”

This kind of commitment to a program that promotes the core values of the profession are what will make for a better legal community as a whole, mentors said.

“I think people should do this because it makes the profession a better place for all of us, and if you do that, society as a whole is going to be better because you’re going to end up with better lawyers who are going to give back to their community,” Garcia said.

For Hopkins, signing up for the program changed his perceptions about who he would be as a lawyer and how he would practice law.

“Everybody could benefit from the program, and that’s not an understatement,” Hopkins said. “I’m sincerely grateful that the program existed and that it gave me a chance to hook up with Charley. This has been a very important part of my life.” D November 2012 I The Docket 7

Hancock Reflects on Highlights of First Year in Office

by R yan Jardine

F

rom hosting major national events to an influx of new, young residents, Denver is facing a period of increasing opportunity. Looking to seize these opportunities is Mayor Michael B. Hancock, who recently wrapped up his first year as Denver’s mayor. His first year encompassed a wide range of activities from the appointment of a new chief of police, manager of safety, and county court judges, to preparing for a presidential debate. I recently sat down with Hancock to discuss Denver, his first year in office, his experiences with the legal community, and his vision for Denver moving forward.

Growing Denver: Coming for ‘entrepreneurialism and innovation’ In discussing some of the most significant accomplishments during his first year, Hancock pointed to two areas that are attracting business to Denver.

“The biggest accomplishment, but also the one that surprised us that we were able to accomplish it so much sooner than we thought, was the nonstop flight to Tokyo,” he said. “I’d been working on that for years as a city council member. To do it in the first year, the first term was like, ‘Wow.’” This flight, as well as bringing in the international carrier Icelandair, is estimated to produce a combined $158 million in economic benefits, as well as provide additional markets to Denver businesses.

The mayor credits this accomplishment to the willingness of Denver to open up to business, work outside the box, and renegotiate United’s deal at the airport.

Hancock also noted the importance of Denver being selected as one of the new locations for a new U.S. Patent Office.

Attorneys in Denver were among the early supporters of bringing the office here.

“The region had been working on this for quite some time,” he said, “and having it land in Colorado and land in Denver is huge for us.”

8 The Docket I November 2012

Denver is growing, and it is young.

“25- to 34-year-olds are moving to Denver at a scale that’s not being seen anywhere else in the country,” Hancock said. “They are coming here for entrepreneurialism and innovation. It is time for investment; it is time for innovation and growth.”

Supporting ‘the most vulnerable in our community’ In addition to discussing Denver’s economic accomplishments, Hancock shared his experiences with the legal community in his first year. When appointing judges, a new chief of police, and establishing a new domestic violence center, the city’s most vulnerable individuals were of utmost importance.

This year, Hancock evaluated six judicial candidates for two Denver County Court vacancies. In Denver County, once a vacancy is declared, a judicial nominating committee meets, vets, and nominates three candidates for each vacant seat. The mayor has 15 days after receiving the nominations to make the appointment.

Hancock looked to others with experience in this area to provide advice on the considerations inherent in appointing a judge. This included consultations with several individuals, including President Barack Obama and two former Denver mayors, Gov. John Hickenlooper and Wellington Webb.

Each gave very similar advice. They told the mayor that each of the nominees knows the law; otherwise, he or she wouldn’t have been nominated. The decision rests on the intangibles and values the nominee brings to the city.

Taking this advice, among other considerations, Hancock examined each nominee’s history, community engagement outside the law, and socially conscious endeavors. In September, he appointed Gary Jackson and Nicole Rodarte to fill the vacancies created by the retirements of Judge Andrew Armatas and Judge Aileen Ortiz-White in January.

Hancock also appointed a new chief of police in October 2011. The mayor

Hancock indicated that the significance of hiring an officer from outside the department cannot be understated, as it has not been done in Denver in more than 50 years.

“Chief White brings 40 years of experience,” Hancock said.“There is not much he hasn’t seen in leadership in a police department. We needed to make a clear statement that ‘business as usual’ is over and there is a new day. Not just for today, but for the next generation of officers coming through.”

This year, Hancock also announced plans to assist victims of domestic violence. Denver is creating the Rose A. Andom Center—one place where victims of domestic violence can go to receive a broad range of services. This is in contrast to the current status, where victims of domestic violence may be required to go to more than 20 places to get legal and other services. “It is about taking everything we do under domestic violence and putting it under one roof,” Hancock explained.

At the center, there will be magistrates, detectives assigned to domestic violence cases, and social services staff to assist victims with medical care, housing, and child protection.

Projected to open in October 2013, the center also will create opportunities for attorneys to provide assistance to victims of domestic violence. Attorneys interested in learning more may contact Margaret Abrams at (720) 913-9080 or mxa@denverda.org.

“

Downtown is without question the entertainment center of the city. It is where people are. This place is rockin’,” Mayor Michael Hancock said.

Hancock praised the work that members of the Denver Bar Association do within the community, with their special emphasis on the vulnerable and on education.

Additionally, the mayor advocated for attorneys and all members of the Denver community to get involved in the schools.

“I’m a huge proponent of people volunteering their time in schools. I tell people just an hour a week of your time can make such a huge difference in a school in the allocation of resources for that principal,” he said. “The more kids are exposed to what you do the more they are likely to look at that and say that is a profession I would like to pursue, particularly kids who don’t traditionally go into law. That is huge.”

‘This Place Is Rockin’ Hancock also discussed what attracts people to Denver and why so many peo-

ple stay. From his experience, people highlight several factors when talking about their enthusiasm for Denver such as the climate, the friendliness and hospitality of the people, the public transit system, the vibrancy of downtown, and the proximity to the mountains.

Hancock has taken the time this first year to continue to enjoy many of the things Denver has to offer the community and the region. When looking for BBQ, you might find him at Famous Dave’s. When grabbing a quick lunch, he enjoys visiting with the Denver community lined up for the offerings of the food trucks that converge on Civic Center Park in the summer.

Hancock said the parks and not-tomiss cultural events, such as Taste of Colorado, Cinco de Mayo, and Oktoberfest, are an indication of the vibrancy of Denver and downtown.

“Downtown is without question the

entertainment center of the city. It is where people are,” he said. “This place is rockin’. I like our scene here in Denver.”

‘Smart Government’ In the coming year, Hancock plans to take an introspective look at the government. “We are going to look at government and make sure we weed out any stupidity and redundancy of government, where we get in the way of progress and production and effectiveness,” he said.

To accomplish this objective, Hancock will create a “smart government” committee to look at the city charter and find ways to emphasize efficiency.

“We are going to take a really hard look at every organization in the city and make sure we are streamlined, efficient and effective,” he said. D Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver.

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Who’s Who, Representing You

Get to Know Your New Board of Trustees Representatives Jacob C. Eisenstein Jacob C. Eisenstein is primarily a plaintiff 's side civil litigator who also practices in small business and regulatory/administrative law. He is the chair of the Denver Bar Association Young Lawyers Divsion.

What is your greatest passion outside the law?

Family, friends, and music.

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

is my family and trying to spend as much time with my children because they grow up too quickly.

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

On Saturdays, you can typically find me fly fishing in the summer or skiing in the winter with my family, around Carbondale.

What is your favorite restaurant in Denver, and why?

My favorite restaurant is Locanda Del Borgo because the staff is so friendly, the restaurant is half a block away, and the food is top-notch.

In the summertime, I'm probably hiking. During the winter, snowboarding.

Who is your favorite real or fictional legal hero?

So many options! There are certainly more refined choices, but I'm going with Steuben’s strictly for the fried chicken.

I have several heroes, which are my father-in-law Andy and my two brothers Gary and Bobby, because they are shining examples of good character, high morals, and family-centered principles.

What is your favorite restaurant in Denver, and why?

Who is your favorite real or fictional legal hero?

It's a toss-up between Lionel Hutz and Robert Kennedy. I’d have to go with RFK for his civil rights accomplishments and fighting corruption in the legal system.

If you were given three weeks away from the office where would you go?

New Zealand—I already have plane tickets.

Nicholas Ghiselli Nicholas Ghiselli is a senior in-house counsel for COPIC Companies, which provides professional liability insurance. He has been married for 14 years and has two kids—Lucca, 9, and Bianca, 7. He also has two younger brothers who live within several blocks, which makes it exciting for all of the cousins.

What is your greatest passion outside the law?

My greatest passion outside the law

10 The Docket I November 2012

If you were given three weeks away from the office where would you go?

I would go the Piedmont area of Italy and explore different wineries and villages.

Daniel R. McCune Daniel R. McCune is a trial attorney, a father, a bag piper, a sailor, a motorcyclist, a mountain biker, a guitar player, and a f ly fisherman. He practices at Kennedy Childs, focusing on representing professionals who get sued for malpractice.

What is your greatest passion outside the law?

Sailing in the Caribbean.

Who is your favorite real or fictional legal hero?

Spencer Tracy playing Henry Drummond (based on Clarence Darrow) in “Inherit The Wind,” because it was based on a real event and real issues. It portrayed the craftiness of Clarence Darrow and championed the right of free thinking.

If you were given three weeks away from the office where would you go?

Sailing, because I find sailing to be the most relaxing and enjoyable activity I do.

Barbara J. Mueller Barbara J. Mueller is a partner with Davis Graham & Stubbs LLP, where she practices commercial transactional real estate law.

She also is a member of the firm’s health care group and renewable and alternative energy group. She has been involved with the Colorado Bar Association Real Estate Section for several years, serving as the chair of the section council for 2007–08.

What is your greatest passion outside the law?

Trite as it sounds, I must say that it is my family. I have been married to Steve Mueller, a fellow attorney I met in law school, for 34 years. We have a daughter, two sons, two daughters-in-law, a granddaughter, and a grandson on the way, all here in metro Denver. There is nothing that could be better than that.

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

What is your favorite restaurant in Denver, and why?

My favorite Saturdays start with playing nine holes with Steve and a pullcart, followed by brunch that I don’t have to cook, and evening with family and friends, perhaps at a sports event or a play.

Jose O'Shea's because I love Mexican food, their salsa is quite spicy, and it is close to where I live.

My current favorite is Uncle, newly

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

Bicycling or riding my motorcycle.

What is your favorite restaurant in Denver, and why?

opened in the Highlands. It is Asian fusion, with lovely small plates and interesting Asian beers I haven’t seen elsewhere.

Daniel A. Sweetser Daniel A. Sweetser is a sole practitioner primarily emphasizing the areas of business and real estate, both transactional and litigation work.

Who is your favorite real or fictional legal hero?

I would have to say my legal hero is the late Don Hoagland, for whom the CBA Pro Bono Award is named. I had the opportunity to learn from him that doing good legal work and being a strong advocate for your clients is only the start of your responsibility as an attorney. You should also be giving back to your community in any way you can.

If you were given three weeks away from the office where would you go?

Three weeks? If it were two weeks, I would go to Barcelona, Spain. But three weeks? It would have to be Australia and New Zealand.

Frederick B. Skillern Frederick B. Skiller n prac t ices w i th Montgomery Little & Soran in real estate and related litigation.

He has spent 35 years in the profession, and counting.

What is your greatest passion outside of the law?

Not counting my wife of 30 years, Diane, this would be the great outdoors.

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

Hiking, biking, or off on snow shoes in Summit County.

What is your favorite restaurant in Denver, and why?

Being “deep south-siders,” we love Farro, a small Tuscan treat on south Holly.

Who is your favorite real or fictional legal hero?

Willis Carpenter—one of the best teachers in any subject, generous with his peers, and wise.

If you were given three weeks away from the office where would you go?

That's easy—diving in Belize. "Half man, half fish."

What is your greatest passion outside of the law?

of oral advocacy, cooking, good food and wine, I read constantly, particularly about military history, fly small planes, bird hunt and fly fish, and entertain friends and family. I think the best job in the world is being a dad. Luckily, that job is continuing long after my children became adults. If I have a single passion, it is my family.

Music.

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

Playing music.

Historically, I would be cooking, fly fishing, or flying a Cessna. More recently, I would be learning to play the banjo.

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

What is your favorite restaurant in Denver, and why?

Avenue Grill—the martinis!

Who is your favorite real or fictional legal hero?

Too many to name. All of those true professionals with whom I have had the good fortune to work; whether as adversary or co-conspirator.

If you were given three weeks away from the office where would you go?

Wherever my adult children might be residing, I hope, for obvious reasons.

John M. Vaught John M. Vaught is a partner at Wheeler Trigg O’Donnell and practices in the field of commercial litigation.

“From my early childhood days in a small town in Arkansas, to living and working in several international cities, to dealing with the loss of a mother at 6 years old, to being a longshoreman, naval officer, law student and law clerk on the Tenth Circuit, to working with some of the finest law firms in the world, hopefully I am a complex composite of all my disparate life experiences,” Vaught said.

What is your greatest passion outside the law?

I am a person with more interest than time. I love the practice of law—I am doing exactly what I was meant to do in life—but having said that, I am not a workaholic. I love travel, particularly international travel, the art and science

What is your favorite restaurant in Denver, and why?

Currently, I would say ChoLon Bistro. While I doubt that ChoLon Bistro will make anyone’s “top 10 lists,” ChoLon is a Chinese suburb of Ho Chi Minh City, which had some personal significance to me during my service in the Vietnam War. Independently, ChoLon played a significant role in the modern history of Vietnam. In addition to that, it blends three of my favorite cuisines: French, Chinese, and Vietnamese. Moreover, its small plate approach lends itself to fun dinners with your friends.

Who is your favorite real or fictional legal hero?

I was fortunate enough to work with some of the greatest mentors in the Colorado bar. I consider them all heroes for what they imparted to me as a young lawyer. I would like to recognize Judge Robert H. McWilliams as the single lawyer (and judge) who had the most significant impact on my career. At the risk of being trite, President Abraham Lincoln embodies for me all the heroic traits and characteristics of a true American lawyer.

If you were given three weeks away from the office where would you go?

Having lived in Italy and participated in international travel throughout my career, I have visited a lot of wonderful places. If I were to get on an airplane tomorrow for a three-week vacation, I would most likely travel to Vietnam, because I have not been to that country since the end of the war. D

November 2012 I The Docket 11

Report from Chicago: Inside the ABA Annual Meeting

by Troy R. Rackham

T

he House of Delegates, which is the policy-making body of the American Bar Association, met on Aug. 6 and 7 in Chicago. I represent the Denver Bar Association as a delegate.

The House of Delegates enacted a number of policies affecting the practice of law generally and some policies that may have specific impact here in Colorado.

Summary of Resolutions Approved by the House of Delegates The House of Delegates considered a large number of resolutions addressing a variety of topics affecting the legal profession, including resolutions relating to access to justice, administrative law, animal rights, armed forces law, civil rights, criminal law, criminal procedure, immigration, international law, and ethics and professional responsibility. This article will provide a summary of the resolutions passed, in particular including the resolutions relating to ethics and professional responsibility. To view a full review of the meeting, please visit bit.ly/ R1rwKb.

Ethics and Professional Responsibility: Changes to the Model Rules The 2012 Annual Meeting was the first meeting of the House of Delegates to consider the first series of resolutions proposed by the Ethics 20/20 Commission. Those resolutions proposed changes to the Model Rules of Professional Conduct relating to lawyers’ use of technology in marketing, modernization of the confidentiality and competency rules, and rules relating to outsourcing of legal work. In my estimation, the resolutions stemming from the Ethics 20/20 Commission were the most important for the bar generally because they are the most likely to have a broader impact beyond a particular section or interest group.

Before getting to those important resolutions, however, the house detoured to consideration of Resolution 10A,

12 The Docket I November 2012

which was proposed by the Illinois State Bar Association and sought to reaffirm that the sharing of legal fees with nonlawyers, and the ownership or control of the practice of law by non-lawyers, are concepts that are inconsistent with the core values of the legal profession and the law governing lawyers.

Resolution 10A was largely an attempt to preempt what many delegates feared would be coming: a resolution or resolutions that would propose amendments to the model rules allowing for non-lawyer ownership of law firms.

Resolution 10A was vigorously debated, but turned out to be much ado about nothing, because the Ethics 20/20 Commission has not proposed resolutions allowing for non-lawyer ownership of law firms. Consideration of the resolution was postponed indefinitely.

After this detour, the house got to work on seriously considering six resolutions proposed by the Ethics 20/20 Commission and various sections, all of which related to ethics and professional responsibility issues. Those resolutions were: • Resolution 105A sought to amend the black letter and comments to model rules 1.0, 1.6, and 4.4 and the comments to model rules 1.1 and 1.4 for the purpose of providing guidance regarding lawyers’ use of technology and confidentiality. The resolution was amended in a minor way and ultimately was approved as amended.

• Resolution 105B sought to amend the black letter and comments to model rules 1.18 and 7.3 and the comments to model rules 7.1, 7.2, and 5.5 for the purpose of providing guidance regarding lawyers’ use of technology for marketing, solicitation, and client development. After an interesting and lively debate, the House of Delegates approved the resolution.

• Resolution 105C sought to amend the comments to model rules 1.1,

5.3, and 5.5 in order to address considerations involved in outsourcing, or specifically, the ethical implications of retaining lawyers and non-lawyers outside the firm to work on client matters. The discussion on this resolution was sophisticated and very interesting. The house ultimately approved the resolution.

• Resolution 105D proposed the adoption of the Model Rule on Practice Pending Admission, and also sought to amend the black letter and comment to model rule 5.5.

The aim of the proposed model rule and amendments was to enable a lawyer to practice in a new jurisdiction while he or she actively pursues admission through one of the procedures the jurisdiction authorizes.

Resolution 105D was heavily supported by sections of the ABA. It ultimately passed without substantial opposition.

• Resolution 105E proposed amendments to the ABA Model Rule for Admission by Motion to allow lawyers to qualify for admission by motion at an earlier point in their careers than the current rule allows.

The house overwhelmingly approved this resolution.

• Finally, Resolution 105F sought to amend the black letter and comments to model rule 1.6 and the comments to model rule 1.17 for the purpose of providing guidance regarding disclosure of information relating to the representation of a client for the purpose of detecting conflicts of interest when lawyers move from one firm to another, firms merge, or there is a sale of a law practice. Resolution 105F was amended to clarify the circumstances of when such a disclosure may be warranted and to impose some limitations on such a discussion. Some proponents sought another amendment, which would have removed one of the critical purposes of the resolution. This

amendment was defeated. There was a very thorough and thoughtful debate on the resolution, but the house ultimately approved the resolution as revised.

The changes to the model rules, and how they may impact Colorado lawyers, have been discussed in a CLE program here in Denver. To access the replay, please visit bit.ly/Q81O3G. Further, if you are personally interested in discussing the changes, I invite you contact me.

Other Resolutions Adopted by the House The House of Delegates considered a variety of other resolutions, in addition to those from the Ethics 20/20 Commission: • Resolution 10B urged federal, state, territorial, tribal, and local governments to support efforts to address the decline in the number of lawyers practicing in rural areas and to address access to justice issues for residents in rural America.

• Resolution 109B was revised and approved. It urged federal agencies to pursue regulatory cooperation

with relevant foreign authorities where appropriate and consistent with their legal authority, statutory mandates, and regulatory missions.

• Resolution 100, called by some as the “Pit Bull or Poodle” Resolution, was submitted on behalf of the Tort Trial and Insurance Practice Section. It urged legislative bodies and governmental agencies to adopt comprehensive, breed-neutral dangerous dog laws based on behavior and to repeal any breed-discriminatory or breed-specific provisions. The resolution passed.

• Resolution 116 amended the ABA’s 2008 policy regarding racial and ethnic profiling so that the policy now includes religious profiling and characteristics indicative of religious affiliation.

• Resolution 115 urged legislatures to enact legislation to protect individuals and organizations who choose to speak on matters of public concern from meritless litigation designed to suppress such speech, commonly k nown as SL A PPs

•

•

•

•

(Strategic Lawsuits Against Public Participation).

Resolution 107A, which was revised and approved, urged governments to review child sexual abuse criminal statutes of limitations to determine whether extending the statute of limitations is warranted.

Resolution 107C urged defender organizations and criminal defense lawyers to address clients’ interrelated criminal, civil, and non-legal problems and urging funding for these purposes. Although the resolution had some opposition, the resolution passed.

Resolution 107D urged Congress to amend 28 U.S.C. § 2254(d) to require a federal district court to review de novo, based on the record made in federal court, claims of ineffective assistance of counsel by petitioners facing a death sentence. The house revised the resolution slightly and ultimately adopted it.

Resolution 102 addressed an immigration law issue. Specifically, the resolution adopted the ABA ABA, continued on page 22

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November 2012 I The Docket 13

There’s a Word for That

Breaking Up the Monotony in Naming Groups

by R yan Jardine

A

quiet little volume cried for attention during a recent trip to the library with all of the etiquette and decorum expected from such a treatise. I pulled from the shelf the groundbreaking 1896 “Social Life: or, The Manners and Customs of Polite Society Containing The Rules of Etiquette for All Occasions And Forming a Complete Guide to Self-Culture in Conversation” by the renowned author Maud C. Cooke.

As I read the title I knew the evening’s table had been set and it was time to gather round the feasting board. As usual my mind yearned for “self-culture in conversation.” What I sought from the evening’s read was insight into the enthralling world of collective nouns.

As proclaimed by the revered W.S. Landor, “On a winged word hath hung the destiny of nations.” I knew in my heart that my words would not be winged until I possessed one crucial element: mastery over collective nouns.

Webster defines collective nouns as “a

14 The Docket I November 2012

noun, as in herd, that appears singular in formal shape but denotes a group of persons.” There are many unique and interesting collective nouns including a murder of crows, a shrewdness of apes, a superfluidity of nuns, an unkindness of ravens, and a pantheon of gods. There are even collective nouns for alligators, arsonists, bullfinches, butchers, ferrets, foresters, pheasants, and professors.

‘The Book of St. Albans’ The origin of this inventive and lyrical way of describing nouns is steeped in controversy and high drama. Some staunchly believe that these nouns originated in the 15th century. One such collectivist is James Lipton, author of “An Exaltation of Larks”: “What we have here in these terms is clearly the end result of a game that amateur philologists have been playing for over five hundred years.” Lipton explains that this dangerous game was played in the 15th century when the English language began a period of rapid expansion. “With each new wave of traders or invaders,” Lipton

reasoned, “came new semantic blood, new ideas, and new ways of expressing them. The narrow, languid brook of the Celtic tongue suddenly acquired a powerful tributary as the splendid geometry of the Latin language burst into it, bringing such lofty sounds and concepts.”

At this time of rapid linguistic expansion, hunting was essential to survival, due to a shortage of local grocers and fast food establishments. As a result, many of these early collective nouns focused on animals. “The Book of St. Albans,” printed in 1486, included one of the earliest compilations of these collective nouns and was divided into three essential parts: hawking, hunting, and heraldry. Because when people aren’t hunting or hawking, they’re heralding. A 15th century New York Times book review may have quoted a regional hawker, hunter, and heralder as saying, “I can only say a group of peasants, swallows, lions, leopards and nuns for so many hours before I need something to break up the monotony. With ‘The Book of St. Albans,’ next time several leopards

“

Many of these terms were established at a time when the English language began a period of rapid expansion.

‘With each new wave of traders or invaders,’ author James Lipton reasoned, ‘came new semantic blood, new ideas, and new ways of expressing them. The narrow, languid brook of the Celtic tongue suddenly acquired a powerful tributary as the splendid geometry of the Latin language burst into it, bringing such lofty sounds and concepts.’”

walk through our village, I will now know to sound the alarm for yonder cometh a leap of leopards.”

Victorian Parlor Games Others suggest that these collective nouns arose during the dark period after the advent of discretionary time but before reality TV. During this Cimmerian era of the mid-19th and early 20th centuries, Victorian parlor games went viral.

Legend states that Victorians would gather in a parlor–or a place designated for talking. After the conversation grew cold, it was time for the games. It is difficult to believe, but experts speculate that these certain games involved wordplay, wit, and the ability to suppress laughter. One such game, the Laughing Game, is described as follows: “One person began by saying, ‘Ha;’ the next, ‘Ha-ha;’

and so on around [the room], while all tried not to actually laugh.” Such was the excitement of the day. Collective noun enthusiasts suggest the identifying of fanciful collective nouns was one such game.

While I now understood the origins of collective nouns, collectively, my evening studies left me conflicted and pondering the precise origins of individual collective nouns. Why are crows murderous, apes shrewd, and ravens unkind? What inspired these linguistic prognosticators or innovative Victorians to choose the specific descriptors for each group? PBS attempted to explain “ye murderous crows” with an ancient folktale of crows en mass determining capital punishment for their peers. Some hypothesized that ravens are unkind because they don’t take kindly to compe-

tition or prey and at times upon chamber doors can be downright inarticulate.

Still, I was left with more questions than answers. Are apes shrewd because, consistent with the 1567 definition, they are really very mischievous? And do nuns possess the secret of zero viscosity?

While collective nouns’ individual origins still remained marinated in mystery, I rested assured that my newfound knowledge, borne of my evening’s study, was not wasted. My knowledge of collective noun origins would give my words flights as I join the eloquence of lawyers who examine, live up to, and cherish correct collective nouns. Or, at the very least, I discovered a new game to play in my newly renovated parlor. D Ryan T. Jardine is a public finance attorney with Kutak Rock LLP in Denver and an amateur philologist. There’s a Word for That is an occasional and predominantly accurate column examining a babel of words.

November 2012 I The Docket 15

Vanuatu:

Not Your Typical South Pacific Experience A local band greets travelers who arrive in the village of Lonorore on Pentecost Island, a village renowned for its land divers .

by M arsh all S nide r

V

anu-what? Vanu-who? Vanu– White?

These are the three questions that were most frequently asked of me when I told people earlier this year that my wife and I were traveling to Vanuatu. Unlike better-known Pacific islands, such as Fiji, Tahiti, and even Samoa (not to mention Hawaii, Australia, and New Zealand), most people in North America have never heard of Vanuatu.

The Republic of Vanuatu is an independent nation comprising of 83 islands in the southwest Pacific. In geographic context, Vanuatu is about a three-hour plane ride north of Australia or New Zealand and an hour’s flight west of Fiji.

16 The Docket I November 2012

Only 200,000 people live in this country, which has a land mass roughly the size of Connecticut. Outside the main island of Efate and its colonial-style capital of Port Vila, the adjoining islands are for the most part sparsely populated. Many islands are roadless, consisting only of a few coastal villages and an impenetrable, mountainous jungle interior.

The next question I was asked was Vanu-why? Why travel all this way to go snorkeling or to drink a beer on a pretty beach. Mexico is a lot closer.

True, but can Mexico boast a culture in which the last reported act of cannibalism took place in the 1960s? Can you visit a wood and thatch World War II “museum” consisting mostly of 70-yearold Coca Cola bottles, dented metal

canteens, binoculars, and other memorabilia left by departing American troops?

Do Mexicans dive off high towers into a pile of dirt just to ensure a good harvest?

The culture of Vanuatu is rich and as different from North America as it gets.

The Happiest People on Earth Ni-Vans (as the Vanuatu people are known) are said to be the happiest people on Earth. I couldn’t get into their heads to verify this cultural assertion, but from all outward appearances they have a pretty good claim to this distinction.

Ni-Vans have a lot to be happy about.

There is virtually no unemployment in Vanuatu, and who needs a job anyway?

If you live in a village, as most people do, you have your family garden, pigs, and

chickens. Fresh seafood is just a fishing line away. The village and the forest provide everything ni-Vans need to stay well fed and healthy.

And the ni-Van smile—big, engaging smiles—all the time. They are friendly, helpful, and welcoming. In nearly two weeks we probably ran across two grumpy people (even ni-Vans can have the occasional bad day, I guess).

When I wandered into a village church on a Sunday to take part in the raucous singing and dancing that went along with the ser vice, two women introduced themselves and welcomed me.

Several days later, in a supermarket in Port Vila, one of these women saw me and said hello. I was not surprised that she recognized me; not too many foreigners stumble into her small village church. What surprised me was that she remembered my name—the last thing I expected in the Au Bon Marche store in the capitol was for a local villager to come up to me and say, “Hi, Marshall,” as if I was in a Safeway in Denver running into a neighbor.

Ni-Vans also have wonderful senses of humor; there is a lot of laughter going on around this country. And they are not shy about kidding foreigners. We walked into a bar in a rural area of Efate and asked the server if we could get a couple of beers. Her answer was a straight-faced “no.” We were taken aback, and there was an awkward pause, until she broke into a huge smile and a laugh and went to get us a few Tuskers (the local brew, itself

worth the trip).

The Many Languages of Vanuatu A nice feature of Vanuatu is that most everyone speaks English, yet there also is a major French influence. In colonial times Vanuatu was known as the New Hebrides or the Nouvelles Hebrides, depending on the colonial power with which you identified. Eventually, the French and the English agreed to a dual administration of the islands, a marriage that, to put it mildly, was not made in heaven. Inevitably, the Europeans threw up their collective hands and the islands gained independence.

The linguistic consequence of this history is that most ni-Vans speak four languages. There are more than 100 native languages in Vanuatu. Villages only miles apart developed distinct languages as a result of the historic isolation that resulted from the mountainous jungles of the islands. Each ni-Van thus speaks what they call their “mother tongue”—their local language.

All ni-Vans speak the national

language, Bislama, which is a Melanesian pidgin English, similar to that spoken in the neighboring countries of Papua New Guinea and the Solomon Islands.

Bislama, like other pidgin languages, is pretty easy to pick up. “Yu” means “you,” “mi” means “me,” and “we” are “yumi.”

“Thanks a lot” is “tank yu tumas.” And most importantly, to order a beer a simple “mi wantem Tusker” gets the point across (after all, Tusker is the “bia blong yumi”—our beer).

After mother tongues and Bislama, people speak English or French, depending on which school they attended. But, even people who went to an English school speak a little French and vice versa.

Traditional Customs Many ni-Vans in remote areas live very traditional lives. These villagers often follow ancient rules known as

Right: The author’s wife, Suzanne, is greeted by village children in Mele Village, the largest village on Efate Island.

Bottom: A chorus of villagers keeps a constant chanting, singing, and whistling while villagers land dive in Lonorore.

November 2012 I The Docket 17

not mean what you think it means (and I know what you’re thinking). Nevertheless, I won’t get into the details of the distinction in this family publication.

Land Diving: The Original Bungee Jumping We were privileged to travel to Pente co st I sl and, north of Efate, to witness one of the most unusual of Vanuatu customs: land diving. As we landed at Pentecost, our first experience was the entire village coming to the airstrip to greet us with flowers and the singing of a local band playing guitars and handmade instr uments. One bass-fiddle-looking device was actually a large box with a handle and strings.

We enjoyed the music and mingled with the locals before taking the path to the village where land diving takes place.

Land divers propel themselves head first off of a 60-foot tower situated on a steep hill. The tower A land diver jumps from a tower, held by long vines. Land diving is said to is made of wood and encourage the yam harvest in the area. bamboo and looks like a castle built by kastom. They may dress in traditional pre-schoolers with Popsicle sticks. This ways—women in grass skirts and men activity occurs only in April and May, who wear only penis sheaths. The penis and is engaged in to ensure a good yam sheaths worn in these traditional vilharvest. lages are known as nambas, and nambas Westerners who saw the Pentecost are often divided into two groups: big land divers developed the modern sport nambas and small nambas. Whether you of bungee jumping. But, Vanuatu land are a big namba or a small namba does diving is much more exciting. The div-

18 The Docket I November 2012

ers tie long vines to their ankles and instead of a vertical dive they launch out horizontally. Gravity takes them down as well as out (their path looks like a graph of the 2008 economy). Eventually, when they are about five feet from the ground they run out of vine and are yanked back and up the hill into a pit of soft dirt reminiscent of old sawdust pole vault pits.

The divers engage in this feat with no more protective equipment than a penis sheath and, as far as I could tell, without signing a liability waiver.

While the diving is progressing, the rest of the villagers (in grass skirts, penis sheaths, and that’s about it) keep up a constant singing, wailing, and whistling.

It was not clear whether these sounds were intended to encourage the yam harvest or merely served as an incentive for the divers to get it over with so the noise would stop. Nevertheless, the primary reaction of a traveler viewing this spectacle is generally: “Well, this is something you don’t see every day.”

Destination Vanuatu Vanuatu has it all. There are posh resorts and basic village accommodations. You can drink kava with the locals (kava is a vile but intoxicating liquid made from pepper roots). You can buy laplap—a paste of taro root, yam, or manioc with fish or meat, wrapped in leaves similar to banana leaves—from a lady crouched with her basket along the roadside. Or, you can drink fine wines and indulge your taste buds at elegant French restaurants. The snorkeling was among the best I have experienced anywhere in the world.

Tourists are mostly from Australia and New Zealand, and not in such numbers that it feels like Cancún in December—beyond the tourist centers, you can have the beaches to yourself. It is easy to get lost in the unusual culture or to merely luxuriate on a pristine beach.

Yeah, it is a long way to go, but if you are traveling to Australia or New Zealand it is worth a stopover—it could be the highlight of your entire trip. D

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November 2012 I The Docket 19

That Person Really Irritates Me!

by Cal Sutliff

W

hen a client pushes our buttons, we tend to think of that person as “hard to deal with” or “difficult.”

Have you noticed, though, that not everyone reacts the same way to that person? Behavior that comes across as difficult to you may be considered strange, but no big deal, to another person. There’s a clue in that—perhaps you don’t need to be as bothered as you make yourself!

Here are some practical techniques to employ to better manage encounters with troublesome clients (or opposing counsel, or judges). First, realize early on that the person is getting under your skin. When you recognize it, label it. Say to yourself, “I find myself getting very irritated when I have to deal with X. Isn’t that interesting?”

It’s different than complaining about a client’s annoying actions, or blaming the client for your reaction.

A second option: be curious rather than furious. Ask yourself what the client is doing and why. There’s a fork in the road here, and you make the choices.

“

from a “difficult” person, it’s a chance to remind yourself not to do the same thing.

Curiosity gave you that insight and kept you from being upset in the process.

In dealing with someone who rubs you the wrong way, there is a solid concept that, when applied to your own internal processes, can make a big difference:

many stimuli that generate responses over the course of a day. Here’s an example: Someone tells you, “You did a lousy job on that assignment!” Pretty strong stimulus, right? When that happens, we’re likely to have an immediate, strong inner reaction: we feel hurt, or angry, or curious.

You may not be able to change another person’s behavior, but you can change the way you react to that behavior. Your reaction is where you undeniably can exercise control. Rather than feeling irritated, choose to respond in ways that work better for you.”

Do you immediately go down the blame route, or are you able to use the “isn’t that interesting” path? When you make that choice early, you manage the interaction rather than allowing the interaction to manage you.

When we analyze someone’s behavior, we are likely to consider it in new ways. Often we learn something in the process. For example, when someone says you should do something, it usually aggravates us. When the directive comes

20 The Docket I November 2012

You may not be able to change another person’s behavior, but you can change the way you react to that behavior.

Your reaction is where you undeniably can exercise control. Rather than feeling irritated, choose to respond in ways that work better for you.

Attorneys tell me that one of the most practical lessons from my seminar is the pause—breathe—choose strategy.

In our fast-paced world, we experience

If we feel hurt, we may withdraw. If we feel angry, we’re likely to get defensive or to attack. But if we feel curious, we’re likely to seek more information and see what we can learn from the exchange.

Most people find that gathering information gets better results than attacking or withdrawing and losing their effectiveness. Your inner reaction will be immediate and automatic, happening even before you have a chance to think. So how do you get off autopilot

and get to that better choice?

You put something between your inner and outer responses. Pause, breathe, and choose. Catch yourself before you respond automatically by literally saying to yourself, “Pause.” Take a solid breath that assists in that pause.

Then, choose your visible response.

You can easily teach yourself this technique. Attorneys often say they’re surprised at how well this works and the difference it makes in their irritation levels.

To recap, use these four tips to manage yourself when you encounter annoying behavior: 1. Recognize that the behavior bothers you, then label it. When you’ve done that, your irritation has a better chance of subsiding.

2. Be curious rather than furious: avoid the blame route, which only makes you more irritated.

3. Focus on what you control: your reaction, not the other person’s behavior.

4. Practice pause, breathe, and

choose. Train yourself to get better and better at this.

It ’s not hard to learn. D The author presents a one-day seminar, “Enhancing Your People Skills for Attorneys,” and can be reached at calsutliff@aol.com.

This article originally appeared in GP Solo eReport, vol. 1, no. 9, April 2012, published by the Solo and Small Firm Division of the American Bar Association.

Reprinted with permission.

November 2012 I The Docket 21

ABA, continued from page 13 Civil Immigration Detention Standards, which govern the treatment of persons in the U.S. immigration detention system.

• Resolution 113, which was submitted on behalf of the Section of International Law, urged the Department of Homeland Security to create a Haitian Family Reunification Parole Program and immediately begin paroling already-approved Haitian beneficiaries of family-based visa petitions.

• Resolution 106B, which was submitted on behalf of the Commission on Law and Aging, adopted the Third National Guardianship Summit Standards and Recommendations and urged courts and policy-making bodies to implement them.

• Resolution 112A urged lawyers, judges, child welfare agency administrators, legislators, educators, and educator regulatory bodies to support the enrollment in and successful completion of postsecondary education by youth in foster care or those who have been in foster care.

• Resolution 112B urged attorneys, judges, state and local bar associations, and law school clinical programs to help identify and respond effectively to Fetal Alcohol Spectrum Disorders in children and adults through training to enhanced awareness of FASD. Finally, the House of Delegates had a vigorous and informative debate on Resolution 101, which was proposed by the Section of Litigation. Resolution 101 proposed adoption of model Guidelines for Retention of Experts by Lawyers. The proponents argued that it was important to have standardization of the terms and nature of expert retention. The opponents argued that the guidelines were unnecessary and contained provisions that would have been problematic, such as the provision that an expert can attain “competence.” Ultimately, the house voted against the adoption of the proposed guidelines.

22 The Docket I November 2012

Statement by Outgoing ABA President Bill Robinson The ABA’s annual meeting always is an interesting event for a variety of reasons, but in particular, because of the change in leadership. William (Bill) T. Robinson turned his gavel over to the new ABA President Laurel Bellows. Before he did so, however, Robinson spoke to the house about the ABA’s work during his tenure as president and the important work that remains. Robinson noted that the ABA strengthened its diversity efforts this year within the association and in the legal profession. He continued his repeated calls for expanding court funding and national advocacy for court funding. He emphasized that still more needs to be done regarding this courtfunding crisis, as many states continue to decrease funding for their state courts and have had to close or limit access to courts and court-related services. Indeed, the court-funding crisis is becoming severe—with more and more state courts closing or limiting services and more and more participants in the legal process becoming frustrated by the inability of the system to resolve their disputes in a timely and appropriate way.

Award of the ABA Medal Undoubtedly, the highlight of the ABA Annual Meeting for me, and for many of the delegates, was the presentation of the ABA Medal to Morris S. Dees, Jr. Dees created the Southern Poverty Law Center, obtained reversal of the death sentences in the Triboro Three case, and has used civil lawsuits to secure judgments against racists and hate groups. The ABA honored Dees for his courage, leadership, and service.

In Dees’ speech to the House he described his life as a trial lawyer and illustrated the highly personal lessons he has experienced over the course of his career. His speech was thoughtful and inspiring.

New Leadership In addition to the passing of the gavel to Bellows, who is from Chicago, other new leaders began their terms.

James R. Silkenat of New York will serve as the ABA’s president-elect and Robert M. Carlson of Montana will serve as the chair of the House of Delegates.

Looking Forward The next meeting of the House of Delegates will be at the ABA Midyear Meeting in Dallas in February. I welcome any feedback from any members of the DBA regarding any of the issues that have been considered, or will be considered, by the ABA House of Delegates. D Troy R. Rackham is the DBA’s delegate to the ABA House of Delegates.

He is of counsel at Fennemore Craig.

Members interested in discussing issues of the ABA and the House of Delegates may contact him at trackham@fclaw.com.

BRIEFS Strikes for Tykes: Saturday, Nov. 3 Put on your bowling shoes and join the DBA’s Community Action Network at Strikes for Tykes—a bowling benefit for the Children’s Outreach Project. This event will take place Saturday, Nov. 3, from 11 a.m. to 2 p.m. at Elitch Lanes, located at 3826 Tennyson in Denver.

Cost is $35 for adults and $20 for children (12 and under).

To RSVP, please visit bit.ly/Tjv9et.

Bench–Bar: Generational Differences Among Lawyers, Nov. 8 This lunch program, “Generational Differences Among Lawyers—How Young Lawyers Can Best Use Their Experiences and Backgrounds in the Practice of Law,” will begin with a panel presentation of generational differences of young lawyers and the influence of things such as popular culture, education, and technology on them.

Following the panel presentation, attendees will break into small groups to discuss how to best apply their skills with judges from the Denver District and County courts. This will be a great opportunity to meet and talk with judges in an informal setting.

The program will be held from noon to 1:30 p.m. in the Parr-Widener Community Room at the City and County Building, 1437 Bannock St. Cost to attend is $15 for DBA members, $25 for non-members, and lunch will be provided. Two CLE credits have been applied for.

Please RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727.

Wheels of Justice Appreciation Party, Nov. 8 The Wheels of Justice Cycling Team, co-sponsored by the Denver Bar Association, will host an appreciation party for riders and for those at the Children’s Hospital Colorado Center for Cancer and

Blood Disorders who benefit from the team’s fundraising during the Courage Classic on Thursday, Nov. 8.

The event will be held from 6 to 8 p.m. at Children’s Hospital Colorado, 13123 E. 16th Ave. in Aurora. Members and supporters of the team will have the opportunity to tour the center.

The team, comprised of 220 riders, raised more than $310,000, making the team the top fundraiser at the Courage Classic for the third year.

For more information or to RSVP, please contact wzediker@childrenscoloradofoundation.org.

Warm Welcome Court Child Care Center Open House, Nov. 9 Staff of the Denver Warm Welcome Court Child Care Center will be on hand from 4 to 6 p.m. on Friday, Nov. 9, for an open house at its offices, located at 270 14th St. The center has provide free child care to children whose parents or guardians have business with the courts.

Please RSVP to (720) 865-9930.

Cocktail Party for Veterans, Nov. 12 In honor of Veterans Day, Wheeler Trigg O’Donnell and the Colorado Bar Association will host a Colorado Lawyers for Colorado Veterans cocktail party on Monday, Nov. 12, at 370 17th St., Suite 4500. The reception will include remarks

by Chief Justice Michael Bender. All CBA members who also are veterans are invited to attend. CLVC helps veterans obtain pro bono or reduced-fee legal counsel on matters, such as veterans’ resources, benefits, taxes, housing, and family law. Please RSVP by Nov. 5 to rsvp@wtotrial.com or (303) 244-1829.

Court Orientation, Nov. 14 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.

Program topics include courtroom decorum, winning over a jury, and ethics.

The program will be held from 8:15 a.m. to 5 p.m. at the Denver City and County Building, Jury Assembly Room, 1437 Bannock St. Seven CLE credits, including one ethics credit, anticipated. The cost to attend is $30 for members, $45 for non members, and $15 for students. RSVP to lunches@cobar.org or call (303) 8601115, ext. 727.

Following the program the DBA Young Lawyers Division will host Barristers After Hours at Katie Mullen’s, 1550 Court Place.

Book Drive, Nov. 26–Dec. 7 Join the Denver Bar Association Young Lawyers Division and the DBA’s Community Action Network Committee in collecting books for The Denver Warm Welcome Court Child Care Center. Books needed are for children ages 6 months to 12 years.

Please contact Heather Clark at hclark@cobar.org to sign your firm up for the drive.

Gear Up for Lawyers’ League Basketball The Lawyers Basketball League will kick off its 2013 season in January, and games will be played at the University of Denver Hamilton Gym. The expected team entry fee will range from $625 to $750.

Sign-up information was sent to last year’s team captains at the end of October. Captains who haven’t received the sign-up information or 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.

November 2012 I The Docket 23

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24 The Docket I November 2012

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November 1, 2012 HOA Update and Hot Topics 2012 Submitted for 7 General CLE credits

November 1, 2012 Contract Drafting: Nuts & Bolts Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

November 2, 2012 Trust and Estate Annual Fall Update - Making the Right Choices Submitted for 6 General CLE credits, including 1 Ethics

November 2, 2012 2012 Annual Workers' Compensation Fall Update Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

November 8, 2012 Entertainment Law Update 2012 Submitted for 5 General CLE credits, including 1 Ethics

November 8, 2012 Real Estate Fall Update Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

November 9, 2012 Winning Trial Tactics of 2012 Submitted for 8 General CLE credits, including 1 Ethics

November 9, 2012 Serving the Moderate Income Client Submitted for 7 General CLE credits, including 2 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

November 12, 2012 Wearing Two Hats: The Ethics of Being Both an Attorney and Real Estate Broker (and other Dual Practice Ethical Dilemmas) Submitted for 1 Ethics CLE credit November 12 and 13, 2012 Ethics Revue at Lannie's Clocktower Cabaret - Starring The Law Club, (LIVE EVENT ONLY) Submitted for 3 General CLE credits November 15, 2012 Employment Law Basics - Access to Experience Submitted for 5 General CLE credits, including .60 Ethics November 16, 2012 Social Security Disability in 2012 Submitted for 6 General CLE credits, including 1 Ethics November 26, 2012 My Sisters Made of Light: Literary Lawyer Program Submitted for 1 General CLE credits November 28, 2012 Legal Research for Paralegals Submitted for 1 General CLE credit

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November 14, 2012 Practicing with Professionalism Submitted for 6 General CLE credits (video replay in Denver ONLY) November 15, 2012 Family Law Fall Update Submitted for 6 General CLE credits, including 1.2 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) November 19, 2012 Practicing with Professionalism Submitted for 6 General CLE credits (video replay in Denver ONLY) November 29, 2012 HOA Update and Hot Topics 2012 Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) November 30, 2012 Entertainment Law Update 2012 Submitted for 5 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

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www.cobar.org/cle November 2012 I The Docket 25

Legal

AFFAIRS GOOD THINGS The DBA’s Metro Volunteer Lawyers is pleased to welcome K evin D. Murphy as its Family Law Court Program CoordinaMurphy tor.

Murphy comes to DBA MVL with diverse experiences and a strong commitment to serving low-income clients.

To read more about MVL and Murphy, please visit metrovolunteerlawyers.org.

Otis, Coan & Peters, LLC congratulates attorney Angelina “Gina” M. Robinson on her selection for the Leadership Fort Collins Robinson program.

Scott C . Sandberg has been appointed to the State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors.

The Colorado Trial L awyers Association announces the election of James Croshal, attorney at law in Pueblo, to the Croshal position of president.

Gary Jackson will become Denver County Court’s newest judge next year.

The graduates of the Colorado Bar Association’s 2012 Leadership Training Program (COBALT) spearheaded a successful fundraiser for Legal Aid Foundation of Colorado. Sixty-seven golfers gathered on Sept. 21, at Arrowhead Golf Club. The event raised $8,000.

Eric Liebman has published “Colorado Civil Motions Practice,” a handbook for Colorado lawyers that provides tips for using Liebman motions at each phase of the litigation process. Liebman is a part-

ner at Moye White LLP. The Legal Aid Foundation of Colorado is also pleased to welcome Charles Baker, general counsel of Ball Corporation, to its Board of Trustees.

Otten Johnson Robinson Neff + Ragonetti PC is pleased to congratulate paralegal Mianne Besser on receiving the National Besser Federation of Paralegal Association, Inc.’s 2012 outstanding leader award.

Attorney Ken Fellman of Kissinger & Fellman P.C. will receive the annual Hero Award from the Nobel Laureates-affiliFellman ated PeaceJam Foundation at a downtown banquet Nov. 13.

Polsinelli Shughart announced Gov. John Hickenlooper has appointed Darren Hensley, securities lawyer with Polsinelli’s Hensley Denver office, to the State of Colorado’s Securities Board. In this role, he will assist the board on issues impacting securities regulation in Colorado.

T he Children’s L aw Center, a nonprofit organization providing compassionate legal advocacy, education, and public policy reform for abused and neglected children, held its fourth annual breakfast at Mile High Station on Wednesday, Oct. 4, raising nearly $30,000 net to continue its vital mission.

CHANGES Davis Graham & Stubbs LLP has added associate John Bowlin to its trial department.

Bowlin’s practice focuses primarily

on appellate litigation and complex commercial litigation.

Burleson LLP is pleased to announce the addition of Ward Scott to the firm. Scott will serve as an associate attorney and Scott focus his energy law practice on oil and gas title work.

Richard L . “Dick ” Har ring recently joined Welborn Sullivan Meck & Tooley, PC as of counsel.

The Denver Bar Association Placement Service congratulates Barbara Allen on her retirement after 27 years of service.

Sreenen Director Mev Parsons welcomes Amy Sreenen, for mer Colorado Bar Association program coordinator.

Polsinelli Shughart welcomes litigation attorney Richard M. Murray as an associate in the firm’s Denver office. Murray will Murray assist clients with commercial, general business, and construction claims and litigation matters.

Nathan F. Bucar has recently joined the metro north law firm of Donelson Ciancio & Grant, P.C. as part of the family law Bucar team.

Fairfield and Woods, P.C. announced that water and environmental attorney Joseph B. Dischinger has been named a director of the firm.

Dischinger, a former president of the Denver Bar Association, has practiced both water rights and environmental law in Denver for 30 years. He works in all areas of Colorado water law and related

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

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

26 The Docket I November 2012

litigation.

Davis Graham & Stubbs LLP has added two new lawyers to its trial and natural resources departments. AnnaLiisa Mullis joins the trial department, where her practice will focus primarily on commercial litigation. Lori Taylor has joined the natural resources department with an emphasis on oil and gas, including the preparation of title opinions and transactional matters.

Wheeler Trigg O’Donnell announced it has expanded its executive management team to include Carolyn Fairless Fairless as the firm’s managing partner. Fairless previously served as the firm’s recruiting committee chair.

In addition to the election of Fairless, WTO partners elected Hugh Gottschalk as chief executive officer. Gottschalk had served as the firm’s managing partner since 2003. Incumbent Michael O’Donnell was re-elected firm chairman, a role he has held since he helped found the firm in 1998.

Moye White LLP is pleased to announce that Dean A. Nakayama has joined the firm as executive director. Nakayama has Nakayama experience in law firm management and administration, and will be responsible for the operation of the firm’s committees and administration, marketing, and client service initiatives.

IN MEMORIAM Daniel Warren Patterson died on Sept. 7 after a seven-and-a-half year battle with Multiple Myeloma. He was born in Conrad, Mont., on Sept. 3, 1952. He is survived by his wife of 30 years, Susan, two daughters, his mother Joan Walton (Robert), brothers Michael (Penny) and Thomas, sister Kathleen (John Scheeler), and brother-in-law Gary Vanca. Patterson taught elementary school before attending the University of Denver College of Law, earning his J.D. in 1982. He went on to become a partner at Holland & Hart, Patterson & Karpel, and Roberts Levin and Patterson, where he specialized in insurance bad faith. He was president of

the Colorado Trial Lawyers Association from 2008–09. He lectured at DU and CU law schools and was a faculty member of the National Institute of Trial Advocacy.

In May he was honored by CTLA with its Kenneth Norman Kripke Lifetime Achievement Award. Read the full memoriam at legacy.com.

Robert Gerard Good passed away on Sept. 4. He was born June 15, 1934.

After graduation from Cardinal Hayes High School in 1952 he enlisted in the U.S. Marine Corps. He served during the Korean War and rose to the rank of sergeant. Good was honorably discharged, and in September 1956 he enrolled at the University of Colorado, graduating with both a bachelor’s and a law degree in 1962.

Good’s law career started with the National Labor Relations Board. In 1973 he argued a landmark labor law case before the U.S. Supreme Court (Alexander v. Gardner-Denver, decided in 1974).

Good is survived by his wife, Mary Sue (Miles). He was the proud father of eight children and was the awesome grandfather of 35 grandchildren (24 grandsons and 11 granddaughters—ages 12 months to 22 years). Read the full memoriam at archdenmort.org Frank Judson Brainerd, Jr., a leader in Denver’s business, legal, and philanthropic communities for five decades, died on Aug. 2. Brainerd was born and raised in Portland, Conn. He graduated from Trinity College and Harvard Law School before emigrating to Denver in 1957. In 1958, he married Helen Sue Bebb, his great love until and following her passing in 2009.

For 30 years, Frank worked in various capacities as an officer of Colorado National Bank and its holding company, ultimately serving as general legal counsel for both. In 1986, he became general counsel for First Interstate Bank (now Wells Fargo Bank) until his retirement from banking in 1991.

Frank was a member of the Board of Trustees of the Colorado Bar Association; treasurer of the Colorado Lawyers Trust Account Foundation; a member of the Board of Directors of the Colorado Judicial Institute; president of the Salva-

tion Army Advisory Board for Colorado; treasurer of Teachers Award Foundation; and a board member and treasurer of the Colorado Center on Law and Policy. He was a longtime congregant of the Park Hill United Methodist Church.

Frank is survived by his three children, his four grandchildren, and his sisters, Dorothy and Eleanor (siblings Mary, James, and Susan are recently deceased). Read the full memoriam at legacy.com.

William Joseph “Joe” Shoemaker passed away on his 88th birthday on Aug. 13 at home in the company of his loving wife Karen, and his family. Joe was born in Hawarden, Iowa, in 1924, attended Iowa State University, the U.S. Naval Academy, Class of ‘48A’, and the University of Iowa Law School, graduating in 1956. He moved to Denver and accepted a position of associate lawyer with the firm of Holland & Hart. He served as Chief of Staff for former Denver Mayor Batterton, Manager of Public Works for the City of Denver, and served in the Colorado Legislature as a state senator from 1962 to 1976, including several terms as chairman of the Joint Budget Committee. He practiced law for 40 years with his dear friend and partner, Robert S. Wham, and later was joined in that practice by his son J. Jay Shoemaker.

He was preceded in death by his wife Penny, and is survived by his loving wife of four years, Karen Ozias Shoemaker.

Read the full memoriam at horancares. com.

November 2012 I The Docket 27

Dates on the

DOCKET DBA EVENTS

Nov. 13

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

Nov. 14

Nov. 1

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5323.

Diversity in the Legal Profession Noon–1:30 p.m.

Call Andrea Mueller Arias, (303) 824-5340.

Nov. 3

Community Action Network Strikes for Tykes 11 a.m.–2 p.m.

Elitch Lanes 3826 Tennyson Call Kate Schuster, (303) 824-5312.

Nov. 6

Access to Justice Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5323.

Nov. 7

Docket Committee Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

Nov. 8

DBA Board of Trustees 7:30–9 a.m.

Call Denise Lynch, (303) 824-5327.

Wheels of Justice Appreciation Party 6–8 a.m.

Children’s Hospital Colorado 13123 E. 16th Ave., Aurora Call Kate Schuster, (303) 824-5312.

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

Professionalism Coordinating Committee Noon–1:30 p.m.

Call Denise Lynch, (303) 824-5327.

DBA Young Lawyers 6–7:30 p.m.

Call Heather Clark, (303) 824-5350.

Nov. 22 & 23

DBA Offices Closed for the Holidays Happy Thanksgiving!

Nov. 27

Community Action Network Noon–1 p.m.

Call Kate Schuster, (303) 824-5312.

FOR THE PUBLIC

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

Child Support Enforcement Clinic Denver City and County Building 1437 Bannock St., Room 368 Noon–2 p.m.

Nov. 20

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. 21

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

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

Nov. 7

Lawline 9 4–6:30 p.m.

Lawline 9 4–6:30 p.m.

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

Call (303) 295-9470.

Nov. 13

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

Nov. 14

Lawline 9 4–6:30 p.m.

28 The Docket I November 2012

Nov. 15

Nov. 28

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

Lawline 9 4–6:30 p.m.

Colorado Courts Transition e-Filing from LexisNexis to ICCES

During October through December, the Colorado State Judicial Branch will begin its transition from LexisNexis ® File & Serve to ICCES in the 14th, 20th, 17th, and 8th Judicial Districts.

The transition consists of only those case classes currently available to electronic filing (e-filing) now: district court civil, domestic, water, and probate cases; county court money and forcible entry and detainer cases; and appellate court cases.

Beginning Jan. 1, 2013 all e-filing in Colorado’s 22 judicial districts (with the exception of Denver County) must be done through ICCES. The Colorado Courts will no longer accept e-filing and service through LexisNexis File & Serve. All cases and documents filed previously in the Colorado courts through LexisNexis® File & Serve will be available in ICCES. The transition to e-filing and service through ICCES in the all courts is expected to be seamless.

For more information about the ICCES pilot and transition, visit www. courts.state.co.us/Administration/Section.cfm?Section=efilepilot. For a training schedule, visit www.courts.state.co.us/Administration/Section. cfm?Section=efiletrain. If you have a question regarding the ICCES pilot, please e-mail icces-feedback@judicial.state.co.us.

November 2012 I The Docket 29

Picture

THIS

Wheels of Justice Cycling Team Named Top Courage Classic Fundraiser for Third Year The CBA- and DBA-supported Wheels of Justice Cycling Team rode three days and 157 miles through the Rocky Mountains in support of the Courage Classic, a fundraiser for Children’s Hospital Colorado, and raised approximately $310,268. This year’s race, held July 21–23, marked the seventh year the team has ride in the Courage Classic, and they participated with 220 riders.

The team will host an appreciation party at Children’s Hospital Colorado on Thursday, Nov. 8 at 6 p.m. For more information, see Briefs on p. 23.

Teammate: Wheels of Justice Cycling Team rider Steven Adams stays positive while cruising through a leg of the Courage Classic.

Copper Party: The team hosted a thank you party for riders at Copper Mountain. Team co-chairs Heather Purcell Leja and Aaron Bradford were on hand to speak. The Wheels of Justice would like to thank their team sponsors: Lathrop & Gage LLP, Faegre Baker Daniels, Sheridan Ross P.C., Cooley LLP, COPIC, Polsinelli Shugart, Towne Park, Stern & Curray LLC, Denver Athletic Club, Saunders Construction, Access Pharmaceuticals, Dorsey & Whitney LLP, Cruiser Accessories, Hall & Evans LLC, Pryor Johnson Carney Karr Nixon, and Burns Figa & Will P.C.

DBA Community Action Network Gives Back On July 26, members of the DBA’s Community Action Network Committee volunteered their time in the kitchen of Project Angel Heart, a Denver-area nonprofit that prepares and delivers healthy meals free of charge to individuals who are living with lifethreatening illnesses.

Top: CAN Volunteer Karen Spaulding checks the scale to measure the right amount of flour .

Right: CAN Volunteer Sarah Millard mans a mixer.

30 The Docket I November 2012

DBA Happenings Docket Celebrates Inaugural Arts and Literature Contest Winners Approximately 50 people attended a party to celebrate and congratulate the winners of The Docket’s first Denver Lawyers Arts and Literature Contest. The winners exhibited their visual arts and read their written works. In case you missed it, you can see the winners in the September issue of The Docket at denbar.org/docket.

Poetry Writing winner Manuel Ramos reads from his poem, “Fool Moon Madness.” Ramos was joined by the other winners—Lynda Knowles for Drawing, Tarek Saad for Fiction Writing, Ruchi Kapoor for Humor Writing, Charles E. Norton for Nonfiction Writing, James “Jay” Breese for Painting, Trey Rogers for Photography, and Travis Simpson for Sculpture—to recognize lawyers engaged in the creative arts.

DU Law Stars Shine

Elfi Hermann and her daughter, Josephine "JoJo" Corry, play with the sculpture, “Bear v. Darts” by Travis Simpson. Josephine is Simpson’s goddaughter.

Four University of Denver Sturm College of Law alumni were honored as Law Stars at a reception on Sept. 13 at Wings Over the Rockies Air & Space Museum. Honorees were former DBA President Mary Jo Gross, who received the Alumni Professionalism Award; Bill Keating, who received the Thompson G. Marsh Award; Mike O’Donnell, who received the Outstanding Alumni Award; and Prof. Joyce Sterling, who received the Excellence in Teaching Award. The event celebrates distinguished alumni and faculty; it also raises funds for DU’s Student Law Office and the Judicial Fellows Program.

The members of the DU Law Stars Committee, from left front row, Laura Dean, Bev Quail, Craig Joyce, and Prof. Howard Rosenberg; middle row, Jack Trigg, Peter Moore, Max Stich, Lisa Hogan, Howard Kenison, and Dee Wisor; back row, Bob Holmes, Phil Johnson, Ralph Torres, and DBA Executive Director Chuck Turner.

Law Stars honorees Mike O’Donnell, Joyce Sterling, Mary Jo Gross, and Bill Keating pose with DU Sturm College of Law Dean Martin Katz, center. Each honoree receives a chair with a DU medallion and personalized brass plate.

November 2012 I The Docket 31

32 The Docket I November 2012