2013 November

A Denver Bar Association Publication I Vol. 35 Issue 10 I November 2013

Private

Hansen

A Veteran & Lawyer: David Erickson shares his story Inside

A Kinder, Gentler Law School

by Marshall Snider LinkedIn (or Left Out) For Lawyers

by Janet Ellen Raasch Transitioning In Place— An Alternative to the “R” Word

by Ken Stern Money is the Root of all Evil: An Essential Primer on Flat Fees

by Charles Mortimer Lawyers’ Use of Online Communities and Social Networks

Steve Pelican

Dan Shannon

Lee Anderson

Lael Montgomery

Virginia Chavez

Nancy Hopf

John Coughlin

Bill Neighbors

Leonard Plank

Bill Meyer

The Very Best!

The owners of Judicial Arbiter Group would like to thank the Arbiters and Staff of JAG for their dedication and skill as evidenced by being selected by U.S. News & World Report as a Tier 1 law firm in mediation law for 2014.

Matt Railey

Howard Kirshbaum

Joe Meyer

Susan Macey

Tony Vollack

Cheryl Post

Jackie Burt

Sandy Brook

Steve Briggs

Bob Kapelke

Shelly Dill-Combs

Heather Turner

Richard Dana

Dan Hale

Leah McGirr

Karen Rawlins

Ellen Mauro

Janey Griggs

Lisa Garcia

Dominique DeLeon Tina Cowles

Morris Sandstead

Joe Bellipanni

2 The Docket I November 2013

Larry Naves

Murray Richtel

Michele Zeigler

Vol. 35 Issue 10 I November 2013 The mission of The Docket is to educate and entertain the Denver legal community — we hope without being sued.

ON THE COVER 6

Private Hansen

9

A Kinder, Gentler Law School

11

Money is the Root of All Evil: An Essential Primer on Flat Fees

15

LinkedIn (or Left Out) for Lawyers

17

Lawyers’ Use of Online Communities and Social Networks

21

Transitioning in Place—An Alternative to the “R” Word

FEATURES 4

From the President

8

Pro Bono Probate Case Catches Attention

10

Metropolitan Lawyer Referral Service: A Model of Resilience

14

Wellness Brief

18

Statutory Construction in Colorado State Court

22

Legal Life Lessons from a Rovira Scholar

4

6

8

IN EVERY ISSUE 23

Briefs

26

Legal Affairs

28

Dates on the Docket

30

Picture This

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 (by email) Dec. 16.

THE DOCKET COMMIT TEE: Christopher M. Achatz, Norman Beecher, Becky Bye, Scott Challinor, Julie Cuypers, Craig C. Eley, David L. Erickson, Emma E. Garrison, James R. Garts, III, Allison Gerkman, Loren R. Ginsburg, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Ruchi Kapoor, Paul F. Kennebeck, Natalie Lucas, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Christopher Mommsen, Barbara J. Mueller, Siddhartha H. Rathod, Gregory D. Rawlings, Frank Schuchat, Marshall A. Snider, Daniel A. Sweetser, Erica

11 Vargas, Anthony J. Viorst, Dennis P. Walker, Mariya Yakovlevna Cassin.

DBA OFFICERS: Daniel R. McCune, President; John M. Vaught, President-Elect; Nancy L. Cohen, First Vice President; Richard M. Murray, Second Vice President; James G. Benjamin, Immediate Past President; Daniel A. Sweetser, Treasurer BOARD OF TRUSTEES MEMBERS: Erich L. Bethke, Jaclyn K. Casey, Catherine Chan, Janet S. Drake, Richard L. Gabriel, Nicholas Ghiselli, Barbara J. Mueller, Lucia C. Padilla, Andrew M. Toft, Matthew S. Larson; Chuck Turner, Executive Director EDITOR: Courtney Gibb, cgibb@cobar.org MANAGING EDITOR: Heather Clark, hclark@ cobar.org P.C. EDITOR: Chuck Turner, cturner@cobar.org

15 CHAIR: Ryan T. Jardine G R A P H I C D E S I G N E R : K a te S c h u s te r, kschuster@cobar.org ADVERTISING: Alexa Drago, adrago@cobar.org (303) 860-1115 • denbar.org/docket Copyright 2013. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

November 2013 I The Docket 3

From the President

Dan McCune Interviews Emma Garrison Dear Fellow Bar Members, In this fireside chat, I introduce a member of the Denver Bar Association who, like many attorneys, was a recent law school graduate without a job. Through her eyes, you will learn the importance of getting involved and how she was able to use her Bar membership to network and ultimately land a job as a practicing attorney. Please join me now as I interview Emma Garrison:

Interview of Emma Garrison

by Dan McCune

Dan: Tell us a little bit first about your background. Where did you grow up?

Emma: I grew up in Austin, Texas. I stayed there for undergrad at the University of Texas at Austin. I studied liberal arts, Latin and Greek, and after that I moved to California and got my law degree from UC Berkeley in 2004.

I initially moved back to Texas for a year to clerk for a federal district court judge. From there I got a two-year fellowship in Washington, D.C. doing public interest environmental work.

After I finished that, I had an interview at EPA headquarters. I never heard back from them, but then one day I got a call from a 303 area code number. It was EPA’s regional office in Denver saying that EPA headquarters had forwarded them my résumé and they were interested in starting an Honors Fellowship Program for their regional office. They asked if I would I be interested in taking a paying position.

Even though I had never been to Denver and I didn’t know a soul here, I

4 The Docket I November 2013

decided to take the plunge and moved.

Dan: And then how long did you do that?

Emma: It was initially an 18-month position that got extended a bit so it was probably around 20. I finished that position in October of 2009, which was a pretty bad time to be looking for new work.

Dan: In 2009, you were back on the street looking for employment? How tough was that?

Emma: It was very tough. Part of it was definitely the economy. But also part of it was finding a permanent, lateral position. All the jobs I’d had previously were entry-level, temporary positions that I’d landed by simply sending in my résumé and cover letter.

Once you get into these more lateral positions, I don’t think that works as well. Eventually, I felt like I was just sending my résumé into a black hole. At one point I just kind of woke up and said, you know, I don’t think this is going to work. I think I need to start meeting people.

And it just so happened that the Chair of the Environmental Section of the CBA worked at EPA. So, I started going to these environmental CLE luncheons and my friend, the Chair, would introduce me to people. From there, I started asking people if they wanted to meet for coffee.

In this string of coffee dates, I ended up meeting Becky Bye who was at the time the incoming Chair of the CBA Young Lawyer Division. And that’s how I first got involved with the Young Lawyers Division.

Dan: Was it just happenstance that you started becoming involved in the Bar Association or was there some conscious thought that you were trying to network to find work by getting involved?

Emma: Finding a job was absolutely my

motivation. Prior to that, when I worked in Texas and D.C., I didn’t really understand the Bar Association. I thought, I’m already paying all this money just to be a practicing member of the Bar, so why would I pay more just to go to these events where people are going to schmooze and hand out business cards?

So I always avoided it. But as I started meeting nice, helpful people who were active in the bar association, I thought maybe I should rethink this.

Dan: Were you a member of the Bar Association during the time you were unemployed and looking for work?

Emma: I was. I felt that it was worth the investment. It must have been 2009 that I officially joined CBA and DBA. Dan: How long were you looking for work after you left the EPA? Emma: It was about a year—a very rough year. I wasn’t licensed in Colorado, so I took some time to study for the February Bar in 2010 and passed. I picked up contract work here and there. I did some document review. I did research and writing projects for various attorneys, as well as volunteer work.

Dan: And then you landed a position when?

Emma: In September of 2010, I got a long-term contract position that eventually turned into an associate position at a mid-size litigation firm here in Denver.

In March of this year they announced that they were dissolving. I remember comparing this to how I felt the last time I knew I was going to be in the job market. The main difference I felt was that I wasn’t alone this time.

I spent all of this time getting involved in the Bar Association. I met so many people. I knew it wasn’t going to be easy to find a new job, but I had this entire network of people I could rely on for advice. It was just night and day compared to how I felt in 2009.

Dan: Are you currently working?

Emma: I am. I recently started a position as staff counsel at Wheeler Trigg O’Donnell, where I do legal research and write briefs, which is actually what I like

“I knew it wasn’t going to be easy to find a new job, but I had this entire network of people I could rely on for advice.” most about practicing law. So the position is a great fit.

Dan: And do you believe that your contacts and your involvement in the Bar Association assisted in any way in helping you find your new position?

Emma: The short answer is, absolutely.

The long answer, it’s a little bit more complicated. It wasn’t that I happened to be at a Bar Association event and I schmoozed and walked out with a job, but rather that I had a much better understanding of the Colorado legal community and what was out there. And from the practice I had networking the last time around, I was able to get in touch with a few people who knew what WTO was all about and talked to them before I applied.

And after I interviewed and they were checking my references, I happened to run into then CBA President Mark Fogg, who put in a good word for me. I don’t think that was make or break, but it certainly didn’t hurt.

Dan: How did you know Mark Fogg?

Emma: I got to know Mark Fogg through the Young Lawyers Division at our annual retreat last year when he gave a meet-the-president talk. He was very invested in the Young Lawyers Division.

One of his first messages from the President in The Colorado Lawyer was about the YLD and he asked us all to send in our stories about how we got involved.

I sent him my story.

Dan: Did you have contact with him after that?

Emma: Yeah, I had seen him at other events. I have been to Board of Governor meetings, and talked to him there.

I believe 80, 90 percent of life is just showing up. So the more you show up, the more you keep running into people that might be able to help you.

Dan: Let’s talk about just showing up.

From what you’ve told me, my impression is that you’ve done more in the Bar

Associations than just show up. Tell our readers a little bit about what you did to get involved and what benefit you feel you’ve received from that involvement.

Emma: Sure. Like anything else, I started out by just showing up. One of the first official Young Lawyers Division events I went to was a movie night at CU Boulder, where we got an hour of free CLE, and then ate pizza and watched a law-related movie. From there I went to a handful of other networking events and CLEs. And then I happened to see a notice that they were looking for new members for the Executive Council of the CBA Young Lawyers Division. I thought maybe I should throw my hat in the ring.

The main thing that motivated me was the experiences I’d had job searching.

That had been really tough for me and it was a light of hope to find this community that could help, even if they were just there for support. It had been really great and I wanted to give back.

There are plenty of other people who were in my same situation and I want to help create that community for them, too.

Dan: Did you get on the executive council?

Emma: I did, and I’ve stayed involved. I am now Chair of the CBA Young Lawyers Division.

Dan: Tell the readers how you came to meet me and end up being interviewed as an example of why involvement in the Bar Association is important to a lawyer’s practice and professional development.

Emma: I started out as Chair-Elect the year before becoming Chair. It’s a twoyear grooming process. Traditionally the CBA sends the YLD Chair-Elect to the ABA Bar Leadership Institute in Chicago. And so I got to go, along with the incoming CBA president, the incoming DBA president and leaders from Arapahoe and Boulder County. I remember between one of the conference sessions I was sitting next to you, Dan, and you just asked, why did you get involved with the Bar Association?

Dan: If you could give any parting advice

to law students who are going to be facing the challenge of finding work and starting down the path in their new profession, what would tell them?

Emma: The first thing I would say is advice given to me from my mom: when you’re looking for a job or anything else, you have to take the long view. It’s very easy to get frustrated. You’re going to feel like you’re doing all these things and not getting anywhere. But you have to trust that things will eventually work out.

Another related piece of advice I’ve taken to heart is the advice Conan O’Brien gave in the final episode of his stint on the “Tonight Show.” He addressed young people in particular and warned against being cynical. He reminded everyone that no one gets exactly what they thought they would get, but if you work really hard and are kind, amazing things will happen.

And you should definitely get involved. I think I was out of law school five years before I realized it was important to get involved with the Bar Association.

So, don’t make the same mistake I did. Get involved as soon as possible.

And as you get involved, remember to take the long view—it will pay off tenfold down the road.

I was one of the shyest people in my law school class. I never raised my hand.

Not many people knew me, and now I’m Chair of the CBA Young Lawyers Division and being interviewed for a publication that lawyers all over Denver are going to read. I never would have imagined that— so it really can make a difference.

Dan: So are we going to see you as president of the DBA or CBA some day?

Emma: Haha, who knows. Only time will tell. D Daniel R. McCune President, Denver Bar Association Email: dbapres@denbar.org Twitter: @DBApresident

November 2013 I The Docket 5

e t a v i r P

HANSeN B y Dav id L . E rick s on

W

hile still in high school, a group of us joined the Marine Corps. We had been friends for many years, through school, sports and everything in between.

We shipped out shortly after graduation. Boot camp was in San Diego at the

6 The Docket I November 2013

Marine Corp Recruit Depot. Upon arrival we were issued green military fatigues; black leather combat boots, and a metal pail filled with personal hygiene items such as a toothbrush, soap, comb, shaving gear and towels. Then, the newly formed platoon was marched to its new home—a steel Quonset hut among a row of identical huts adjoining a gigantic asphalt parade field to the east called The Grinder. To the west was an obstacle

course with a series of daunting pits and walls.

Directly across from our barracks was a smaller Quonset hut—the duty hut of the drill instructors. About 15 feet in front of the duty hut was a 4-by-4 wooden post, about four feet high, with a flat board nailed to the top. On top of the board was a small wooden block that was to be used to pound the board.

The instructions were to pound the block on the post three times, announcing your arrival at the duty hut. A request then must be made to enter the duty hut: “Sir, Private Erickson, requests permission to enter the duty hut, Sir.” If granted, you entered, took three steps forward, made an abrupt left face and stood at attention before the single desk—whether anyone was behind it or not. You then requested: “Sir, Private Erickson requests permission to speak,

{

On that corner was a street preacher holding a well-worn bible above his head. He was wearing army fatigues.

}

Sir.” If the permission to speak was granted, then the communication could begin while still standing at attention.

Every phrase spoken by the recruit during this procedure had to begin and end with the “Sir.” Nearly 20 years passed since that experience, and I am now living and working in downtown Denver.

On a recent warm day, I left the office at noon to walk to lunch with two co-workers. We headed a block or so south, then turned west at Sixteenth.

On that corner was a street preacher holding a well-worn bible above his head.

“Jesus Saves!” he shouted. “Come to the Lord. I used to live away from the Lord but then came home. I saw the light.

Praise be the Lord.” He was wearing green military fatigues. As we passed by, I noticed that he was about my age, had clear blue eyes and the name “HANSEN” sewn above the upper left pocket of his jacket.

Although the conversation at the restaurant was pleasant, I soon began to drift away from it. There was something about the street preacher that bothered me. His face was distinctive—and familiar.

He was short, perhaps 5´5˝ and slender. His bow-legs were accentuated by the camouflage fatigues tucked into his spit-shined combat boots. This unexpected sighting spurred my memory.

One of the recruits in our platoon at the Marine Corp Recruit Depot was named Hansen, Private Hansen. He also was short, slightly built and distinctively bow-legged with clear blue eyes. Due to his small size, he struggled with the obstacle course and our long runs on The Grinder, carrying guns under the blistering hot sun. Thus, he received harsher attention from the drill instructors.

He once got mixed up on the correct procedure for entering the duty hut and the drill instructors refused him permis-

Veterans Day is Monday, Nov. 11 Attend our Veterans Day Event

son deployed to Iraq in 2006-2007 with the Colorado Army National Guard in support of Operation Iraqi. Robinson will discuss his experiences as a JAG officer and the practice of law in both domestic civil support and overseas combat operations.

Following the lecture will be a reception at 5:30 p.m. RSVP to either or both events by Nov. 6 to rsvp@wtotrial.com or (303) 244-1979.

Honor those who served our country by attending the Veterans Day lecture and reception, from 4:30 p.m. to 7:30 p.m. on Monday, Nov. 11, presented by the Colorado Bar Association and the Military & Veterans’ Affairs Section of the CBA. Wheeler Trigg O’Donnell will host the event at 370 17th St., Suite 4500.

The lecture “Home and Abroad: A JAG Perspective,” by Major Keith A. Robinson, will begin at 4:30 p.m. Robinson has served in the Army for over 28 years and holds the rank of Major. He currently serves as the Staff Judge Advocate for the Colorado National Guard and is the chief legal and ethics advisor to the Adjutant General of the Colorado and his staff. As a JAG officer, Robinson also served as a Trial Counsel, Administrative Law OIC, Legal Assistance Attorney and Operational Law Attorney.

He deployed to New Orleans in 2005 in response to Hurricane Katrina, and has also been involved in several National Guard response operations. Robin-

Get Involved with Military & Veterans’ Affairs Year-Round

The Colorado Bar Association offers several options for attorneys looking to get involved with military and veterans’ affairs. Colorado Lawyers for Colorado Veterans was established in 2011 under Mark Fogg’s presidency. The group holds monthly clinics in Denver (and periodic clinics in Boulder, Colorado Springs, Craig, Fort Collins and Grand Junction), in which veterans can meet with volunteer attorneys for free legal advice. The next Denver clinics are Nov. 12 and Dec. 10.

More than 109 veteran cases have been assigned to attorney volunteers either pro bono or at a

sion to enter until he got it right. After he was inside, he got mixed up again and the drill instructors took him by the seat of the pants and the collar of his shirt and threw him out the front door onto the sidewalk. Could this be our Private Hansen from San Diego, now in Denver?

I needed to find out.

I told my friends at lunch that I had to check on something and I’d be right back. I went outside and headed down to the corner where Hansen had been preaching. He was gone. I looked up and down the adjoining streets but there was no sign of him. I never saw him again. D David L. Erickson was honorably discharged from the Marines due to an injury.

He spent the next few years doing odd jobs—like working at a car wash—before enrolling in college. He received a B.S. degree in Mechanical Engineering from Western New England College and a J.D. degree in Law from the University of Denver. He is currently an attorney in Denver, as well as the CBA Historian. He can be reached at david.ericksonllc@gmail.com.

reduced rate. The CBA also receives a large number of calls and referrals from other veteran organizations, asking us to match veterans with volunteer attorneys. Therefore, “a database of CBA lawyers has been established so that people who cannot attend a local clinic will have access to lawyers who are willing to handle issues on either a pro bono or a modest means basis,” said Chuck Turner, CBA Executive Director. “Having so many of our members raise their hands is truly gratifying.”

We currently have more than 215 attorney volunteers in Colorado. Join them today! Contact Carolyn Gravit at cgravit@cobar.org to get involved.

CBA members can also join the Military & Veterans’ Affairs Section, which now oversees Colorado Lawyers for Colorado Veterans. John Vaught is the Chair and Jennifer Hayden is the Vice Chair. They serve the pro bono and related needs of returning veterans and active duty military members of our community. To join the section, email membership@cobar.org.

November 2013 I The Docket 7

Pro Bono Probate Case Catches Attention

DBA MVL Lawyers Save the Day B y C hrist ine McM anu s VonG unden

E

arlier this year, lifelong Denver resident Tyrone Cheeks had no idea what to do as his modest family home on East 23rd Avenue was pulled out from under him.

While in the aftermath of fulltime hospice caregiving and the death of his father, in blew a nasty storm of misaligned inheritance and foreclosure scandal.

His luck began to turn in June, when Denver Bar Association lawyers Stanton D. Rosenbaum and F. Brittin Clayton III stepped in, pro bono, along with paralegal Ann Palius and legal assistant Carolyn Boulette of Ryley Carlock & Applewhite.

“I was in the dark, and then it was as though I bumped into a light post,” said 49-year-old Cheeks. “I was scared.

Then I started to feel better, because they assured me no one can just take it. I had a sense of relief because I had people around me who know how this works.”

Rosenbaum, Clayton, Boulette and Palius dove right into the case.

They were matched up with Cheeks by DBA’s own Metro Volunteer Lawyers.

“This case started out as an eviction defense,” said MVL Executive Director Dianne Pacheco-VanVoorhees. “These attorneys and paralegals deserve great recognition. They went above and beyond.”

The attorneys learned that the home had been in foreclosure.

The home was previously owned by Cheeks’ mother and her husband Issac Tyler—who was not their biological father, but by all accounts, raised Cheeks and his two brothers.

But Tyler never wrote a will. As Tyler slipped into hospice, Cheeks cared for him at home while his younger brother Spencer Cheeks paid the bills. Frustration between Spencer and Tyrone built. The mortgage went unpaid. A couple of different foreclosure investors circled in surrounding

8 The Docket I November 2013

Denver resident Tyrone Cheeks sees his pro bono attorneys as “a light post” that he bumped into, for saving his family home from foreclosure scandal. Attorneys Stanton D. Rosenbaum and F. Brittin Clayton and paralegal Ann Palius and legal assistant Carolyn Boulette volunteered through Metro Volunteer Lawyers to help Cheeks.

Tyler’s death last year.

The attorneys discovered another huge knot in the case: no records could be found that Tyler ever adopted the Cheeks brothers, despite raising them with their mother, Bonita Cheeks, who passed away several years ago.

Rosenbaum and Clayton rallied lifelong neighbors, the hospice nurse, old family friends and real estate officials. The long list of witnesses testified August 28–29 before Denver District Court Probate Judge Elizabeth Leith: the Cheeks brothers were as natural sons as could be. Since their early childhood, Tyler had provided for his wife’s three boys, disciplining them and attending family functions, sports practices, games and graduations. The attorneys had to meet standards in Barlow v. Barlow as they set out to prove the Cheeks’ case.

“I thought it significant that the case sets additional important precedent in Colorado for equitable adoptions in intestacy proceedings, given that the previous cases of precedence are over 40 years old,” said Ciara Fernandez Faber, MVL staff lawyer.

While untangling family feuds, the pro bono attorneys also fought foreclosure investors. As the home

had fallen further into arrears surrounding Tyler ’s hospice, We Buy Ugly Houses, a foreclosure investment franchise, and another foreclosure investor sought deals with the Cheeks brothers. Witnesses testified regarding forged signatures and illegally notarized documents.

In the end, Judge Leith ruled that the sons were indeed proper heirs. The foreclosure investor that defrauded the family was ordered to return the house to the estate. There’s still quite a bit of work to do to iron out the details, but Tyrone Cheeks said his parents would be relieved with the outcome of the probate trial. “ This is what lawyers are supposed to do. This is the work that makes our profession worthwhile,” said Rosenbaum. “We help people who can’t afford lawyers, to get them good representation.” D Freelance writer and editor Christine McManus VonGunden is a former Director of Communications at the Denver Bar Association.

A Kinder, Gentler Law School

B y: M arsh all S nide r

T

he Docket recently reviewed the 1973 movie “ The Paper Chase,” which portrayed a law school experience that was intimidating, emasculating and downright scary (The Docket, October 2013, p. 20). The fictional Harvard Law School first year contracts class of Professor Kingsfield described in that movie was in many respects not far removed from the real life experiences of law school in the ‘60s and ‘70s. I was a law student of that era and could relate to much of the fear and pain generated by the law school classes depicted in the movie.

So, I wondered: Is it still like that? W hat with astronomical tuition fees, declining job opportunities for graduates and competition among law schools for students, can today’s law school be as consumer unfriendly as the law schools of two generations past? To find out, I went back to law school. Earlier this year I sat in on two first-year contracts classes at the University of Denver Sturm College of Law. What I observed there was an experience in some ways the same as my contracts class from the ‘60s, and in other ways as different as the legal systems in the United States and Afghanistan.

Superficially, the look of today’s class was much different than in the mid’60s. We were the last of the law school

generations that wore coats and ties to class (I know, hard to believe). By 1970 law students at my university were wearing cutoff jeans and tank tops to school.

The current crop of students are a casually dressed bunch in T-shirts and jeans, baseball hats and stocking caps.

More importantly, everyone now has a laptop. I was the only person in the room taking notes on paper. I am sure computers add to the educational experience in many ways, but from my vantage point in the back of the room I could also see students sending emails and reading websites clearly unrelated to issues of contract formation, or any other subject matter in the class.

As for the professors, the approach also was in some ways the same as the old days and in some ways quite different. There was a bit more lecture than I had received in my first-year contracts class, but the Socratic method prevailed once specific cases were discussed. Students were able to question the courts’ determinations, as well as other students’ statements of facts and analyses, and arrive at their own conclusions. The professors acted more as facilitators, asking questions about the facts of the cases and the relevance of those facts to the legal issues involved in the opinions.

At times, the questions posed by the faculty were rhetorical, leading the students to the “obvious” and “correct” answers (unlike the fictional Professor Kingsfield, who told his students that there are no correct answers; Kingsfield will always have another question).

The differences in the 21st and 20th century classes were more in tone than substance. Today’s classes had no intimidating feel to them. The faculty called students by their first names, whereas we were always “Mr.,” with the rare “Ms.” thrown in (there were fewer than 20 women in my first year class of 300). No one was put on the spot or ambushed.

In one class it even appeared that specific students knew in advance that they would be called on to recite the facts and analysis of a case. Criticisms or corrections of a students’ statement of the

facts or legal analysis were gentle, not the in-your-face rejection so common in the old days. I recall professors in my classes on more than one occasion leading students down faulty lines of reasoning to a wholly incorrect conclusion, and then gloating about it. As one teacher told a hapless student who fell for such a trap, “I sucked you into that one like a feather into a vacuum cleaner.” (And yes, vacuum cleaners had been invented by the time I went to law school!).

With the professors’ facilitation skills, today’s first-year classes generated thoughtful and engaging discussions of contract principles. I do not recall much about the formation of contracts, but the discussions were so invigorating that I had to restrain myself from raising my hand and taking part.

“

Law school today is a lot less scary than it was 40plus years ago.”

My conclusion: Law school today is a lot less scary than it was 40-plus years ago; yet, students are provided with the same opportunity to learn how to analyze facts and apply legal principles.

Today’s law school can generate graduates who are as much prepared to embark on the practice of law as the generation of hippies who are now leaving the practice. Present day graduates have merely traded emotional scarring for a mountain of debt. Personally, I am glad to have had only the former.

I wish to thank Associate Dean Federico Cheever of the University of Denver Sturm College of Law for facilitating my latter day law school experience. I am also grateful to Professor Roberto Corrada and Visiting Professor Nicole Porter for their generosity in allowing me to visit their classes. Each of these educators took the time to discuss with me current approaches to law school education. D Marshall Snider is a former Colorado administrative law judge who works as an arbitrator and mediator. He may be reached at msniderarb@comcast.net.

November 2013 I The Docket 9

Metropolitan Lawyer Referral Service: A Model of Resilience B y Court ne y G ib b

Changing the MLRS Landscape

Metropolitan Lawyer Referral Service operated. Barney was confident in his knowledge of technology and knew he could improve the service; yet, a pressing matter interrupted their foray into the future: a lack of funds.

In 2009, MLRS approached the Denver Bar Association, a sponsor of the organization, and asked for help.

Members of the bar questioned whether MLRS truly had utility in the future, and the request was ultimately denied.

The American Bar Association conducted a PAR Review of the organization shortly after that. The Program of Assistance and Review is designed specifically to aid lawyer referral programs by way of on-site visits and expert advice. The ABA made recommendations to streamline their procedures, and MLRS rolled out the suggested implementations to survive.

As a 501(c)(6) nonprofit, MLRS was not able to accept donations. Barney found relief by way of their small but loyal membership base, who prepaid membership and percentage fees to tide MLRS over. He also let go his colleague, Reginald Pulley, the only other employee left, for six months to save money. He ran the organization by himself from Nov. 2009 to May 2010. Once MLRS received enough money to resume more normalcies in operations, Barney hired Pulley back on.

Fast forward to March 2004, and that’s where Brian Barney, the current MLRS Executive Director, comes in. He initially was hired to manage the MLRS office after Barbara Arbogast retired. He soon realized, however, that he was taking on much more than he bargained for.

When he started, he was surprised to learn that the organization was still using DOS—Microsoft’s first computer operating system.

“I knew it was too old-fashioned,” said Barney. “A large part of what I did when I started was to modernize the office.”

The first order of business, then, was to alter the basic ways in which the

With 2014 looming, Barney’s efforts are now fully focused on making the service as effective as possible for both clients and attorneys. MLRS has a new website and mobile app, as well as a search engine optimization campaign to improve online visibility. Barney and Pulley are also diving into the world of social media.

And even though Barney knows many people doubt the usefulness of a referral agency, he isn’t letting the inconsistent past define the future. MLRS offers a rich history of connections and holds many benefits by way of member-

Just a few decades ago, in a land far removed from iPhones and portable computers, lawyers were prohibited from advertising.

As a result of that ban, referBrian Barney, MLRS ral organizations Executive Director became the go-to connection for lawyers looking to find clients in need of their services—and vice versa. Thus, the Metropolitan Lawyer Referral Service was founded in 1972 in Denver.

During the period of time in which MLRS provided the solution to the prohibition, they experienced strong membership. Attorneys counted on the service to provide them with a solid flow of new clients, just as clients approached MLRS for credible, specialized legal connections.

That began to decline, however, when the Supreme Court ruled in the 1977 case Bates v. State Bar of Arizona that attorneys were allowed to advertise.

MLRS struggled to maintain membership growth and adapt to the future of law.

10 The Docket I November 2013

The Future of MLRS

ship access and digital coverage.

“As a referral agency, we have more leverage than an individual attorney,” Barney said. “Members can tap into our credibility.”

Barney hopes that their legacy will aid them in boosting referral counts this year, as they take critical steps to adapt to changing times. The MLRS online presence, for example, continues to evolve and attract a more affluent client demographic— one who appreciates their reliable reputation and legal knowledge. This is beneficial for attorneys who are not reaching or retaining the type of clients they’d like by way of more traditional marketing efforts.

As society becomes increasingly dependent on the Internet, it is more difficult to sort through the clutter of attorney listings in search engine results and advertisements. MLRS provides an easy way for clients to be matched up with prescreened attorneys who specialize in exactly what they need, and attorneys receive valuable recommendations and serious clients.

Barney estimates that, at one point, more than 80% of clients were referred to MLRS from attorneys who didn’t know how to help them. This illustrates the incredible value still to be found in this service: it’s an all-inclusive legal resource. If you can’t take a case, MLRS will find someone who can.

Visit MLRS online at mlrsonline.org and on Facebook at facebook.com/MetroLawyerReferralColorado.

Attorneys who want to get involved with MLRS can email Brian Barney at Lawyers@MLRSonline.org or call (303) 831-8000. D Courtney Gibb is the communications and marketing specialist for the Colorado and Denver Bar Associations and editor of The Docket.

She can be reached at cgibb@cobar.org.

Money is the Root of All Evil: An Essential Primer on Flat Fees B y C h arle s E . M ort ime r

A

lfred Hitchcock never had a driver’s license because he feared that through a series of tragic mishaps, an innocent stop by the police would result in his plump but lifeless body dangling from the gallows. If only attorneys would give serious thought to Hitchcock’s warning before they accepted money from clients.

In Colorado, complaints alleging mishandling or misappropriation of funds typically comprise 12% of our annual intake. Worse, a significant percentage of these complaints prove to be founded, resulting in action by the Office of Attorney Regulation. It is the author’s observation that thirteen years after the Colorado Supreme Court set down rules for charging and handling flat fees, misunderstanding and misuse of flat fee arrangements and advanced flat fees create more exposure to the most serious sanctions than perhaps any other conduct.1

Act One: A p r o p e r l y crafted and administered fee arrangement is an essential foundation for an attorney’s ethical collection of fees.

A poorly devised fee arrangement not only jeopardizes the lawyer’s right to receive payment for his work, it opens the gate to the gallows yard.

With the exception of contingent fee arrangements and other particular fee arrangements dictated by statute, a fee agreement may be the wise choice, but it is not required by the Colorado Rules of Professional Conduct. Colo. RPC 1.5(b) requires an attorney to provide his client a written statement concerning “the basis or rate of the fee and expenses…before or within a reasonable time after commencing the representation.” This written statement is required only when the lawyer “has not regularly represented the client.” Changes in the basis or rate of the fee or expenses also must be promptly communicated to the

{

“A poorly devised fee arrangement not only jeopardizes the lawyer’s right to receive payment for his work, it opens the gate to the gallows yard.”

client in writing.2 Problems arise most often when lawyers attempt fee arrangements other than hourly, typically involving a flat fee component. 3 While laudable, flat fee arrangements and hybrid fee arrangements must be administered consistently with the Rules of Professional Conduct.4 The lawyer must communicate clearly to the client when and how fees will be earned.

Providing your client with a document stating merely that you are charging a “flat fee” to perform a certain representation is a great way to build unwanted suspense. In the absence of an expressed statement clarifying the arrangement, the fee will not be deemed earned until the representation is fully completed. A lawyer would be wise to break the representation into stages—to describe in the fee statement when each stage is completed and what amount has been earned at the completion of each particular stage. The amount charged for each stage must be reasonable when measured against the factors set forth in Colo. RPC 1.5(a).

Colo. RPC 1.5(f ) provides, quite simply: “Fees are not earned until the lawyer confers a benefit on the client or performs a legal service for the client.

Advances of unearned fees are the property of the client and shall be deposited in the lawyer’s trust account pursuant to Rule 1.5(f)(1) until earned.” Rule 1.5(g) expressly prohibits nonrefundable fees and retainers.

All advance fee payments—whether they will be billed on an hourly basis, a flat fee basis, or some other basis—must be placed in trust until they are earned as described in the fee statement. When they are earned, the lawyer should provide a written notice or “accounting” to the client explaining what task has

}

been performed and the amount of fees earned and thus transferred from the lawyer’s trust account to the operating account.5

Act Two: Conflict arises

when a lawyer places advanced f lat fees in his operating account before earning the money pursuant to the terms of the statement.

This practice amounts to the unauthorized exercise of dominion and control over the client’s money—what some call conversion of client funds.

Any time a lawyer is found to have converted or misappropriated client funds, serious sanctions may follow. When a lawyer attempts to defend this conduct by saying that he thought a flat fee arrangement authorized him to deposit the advanced fee in his operating account right away, he will be reminded that his belief is contrary to law which, in turn, he is considered to know—also as a matter of law.6 The sound of hammering can be heard as the gallows are built.

The suspense reaches fever pitch when the lawyer’s services are terminated or an ethics complaint is made before completion of the representation.

If the fee statement does not delineate stages or events when the fee is earned (and merely implies that the fee will be earned when the representation is completed), then termination of the representation prior to completion may result in forfeiture of the entire fee. Also, if the advanced fee was deposited in the operating account before it was earned— or worse, spent—the attorney begins the climb toward Hitchcock’s noose.

If unearned funds are not refunded within a reasonable time following termination of the representation, the heavy November 2013 I The Docket 11

rope may be felt on the lawyer’s neck.7 If the lawyer was savvy enough to communicate the basis or the rate of the fee in writing to the client at the beginning, then he or she better be prepared to live by the communication. If the attorney tries to extricate himself/herself from the predicament by claiming that the fees taken have been earned based on an hourly rate or other basis that is not described in the original fee statement, the trap door will begin to creak.

Act Three: In addition to always maintaining advanced fees in trust until earned or refunded, based on the terms of a well-drafted fee statement, two alternatives are recommended to address these circumstances.

First, an attorney would be wise to include a quantum meruit provision—not an hourly conversion clause—in any fee statement that does not provide for a straight hourly fee arrangement.8 Such a provision would advise the client that

if the attorney’s services are terminated before completion of the representation, then the attorney will be entitled to compensation for services performed, but not yet paid for, based on the fair value of the services performed.9 Second, a well-drafted flat fee statement would include several closely situated stages when fees would be earned so that, if the client were to terminate the attorney at some point between two stages, the amount of compensation in dispute would be much less than if the client terminated the attorney and no, or few, stages were described in the fee statement. In the situation with several defined stages, the attorney would have less incentive to pursue the smaller unpaid balance and risk the counterclaim of an unhappy client.

The phone rings with a reprieve from the governor.

Of course, attorneys are entitled to be paid well for the services they perform. Assuming lawyers will continue to request fees for their work, the development of alternatives to hourly fee arrangements is extremely important to enhance broader access to justice. Creativity in this area is to be encouraged, but must be held in check by lawyers’ professional responsibilities. Lawyers must be guided by the simple rules outlined above, lest they be tragically mistaken for criminals. D Chip Mortimer is Deputy Regulation Counsel in the Office of Attorney Regulation where, after fourteen years of private practice, he no longer keeps time records, sends bills, or handles and accounts for other people’s money. The irony is not lost on him. You can reach him with your questions at (303) 928-7783.

Prologue: The law is a professional calling, not a business intended to maximize the accumulation of wealth.

1 This issue was first addressed by the Colorado Supreme Court in In re

Sather, 3 P.3d 403 (Colo. 2000).

2 ABA Model Rule 1.5 (b) requires the fee statement to include the scope of the representation. Unfortunately, the Colorado Rules of Professional Conduct do not include this requirement. However including the scope can only benefit each side of the bargain by nailing down the understandings and expectations of the parties about what the lawyer is doing and what the client is paying for.

3 The importance of alternatives to the hourly fee arrangement cannot be overstated. A quick Google search will locate numerous blogs and resources addressing such alternatives.

4 A hybrid fee arrangement that includes a contingent fee component must comply with C.R.C.P. Chapter 23.3, Rules Governing Contingent Fees.

5 Colo. RPC 1.15(c); 1.4 (a) (3) (b).

6 In re Attorney C, 47 P.3d 1167, 1173, n. 12 (Colo. 2002).

7 Colo. RPC 1.16(d).

8 Any agreement that purports to restrict a client’s right to terminate the representation, or that unreasonably restricts a client’s right to retain a refund of unearned or unreasonable fees, is prohibited. Colo.

RPC 1.5(g).

9 This suggestion stems from Dudding v. Norton Frickey & Associates, 11 P.3d 441 (Colo. 2000), in which the Colorado Supreme Court held that an attorney would be entitled to compensation on termination of a contingent fee arrangement prior to completion of the representation only if a quantum meruit provision, and not an hourly conversion clause, were included in the contingent fee agreement. Limiting compensation to quantum meruit would not restrict the client’s right to terminate the representation by possibly requiring the client to pay more than the original agreement would have if it had not been terminated.

12 The Docket I November 2013

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2014 Colorado Legal Directory

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Place your order TODAY for the 2014 edition of The Colorado Legal Directory!

Important: The directory is now published exclusively by the Denver Bar Association. Each member of the Denver Bar Association will AUTOMATICALLY receive one complimentary copy of the 2014 edition of The Colorado Legal Directory. Please do not include complimentary directories in your order.

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Five Convenient Ways to Order: Mail to: CBA-CLE 1900 Grant Street, Suite 300 Denver, CO 80203-4303 Order Online: www.cobarcle.org Phone: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 Fax: 303.860.0624 Stop by Our office!

November 2013 I The Docket 13

Wellness Brief

Dress Your Kitchen for Success

by L orr aine D ’Ave rs a Editor’s note: Wellness Brief is a monthly column that will look at all aspects of health and living well, and offer tips on how to bring well-being into your daily life.

Each and every day, I attempt to create and experience a healthy, balanced, and fulfilling day and assist others in doing the same. The key to reaching my goals is dressing for success and dressing my kitchen for success. What I mean by this is to offer an appearance that reinforces and supports my desired behaviors and goals—feeling and looking healthy, while creating a kitchen that visually espouses and offers the tools needed to create enjoyable and healthy meals and snacks. This includes creating a kitchen that enhances our focus on healthy living and speaks to us each and every time we enter it.

We all know the effect of successful marketing. Have you ever mindlessly picked up a candy bar from a convenience store or gone through a drive-in at a fast food restaurant just because your mouth has been watering for this unhealthy food since you

watched a commercial advertising it the evening before? Many of us are addicted to these unhealthy foods. If we want to be truly healthy and be fit to practice, we need to break this addiction. Retraining our minds is one of the first steps we need to take.

I market, within my kitchen, a visually and cognitively reinforcing array of healthy foods on my counters in beautiful sleek and bright glass containers. My refrigerator reinforces the same. As I go in and out of my kitchen, my eyes, mind, and heart feast on these healthy foods. Each of these foods is rich in vitamins, minerals, anti-oxidants, phytonutrients, fiber, protein, and healthy fats to one degree or another. Check out my video and take a tour of my kitchen, as well as view my website AttainYourVision. com for a pdf outlining the nutritional benefits of the foods I showcase and love to eat. Here are the foods that you will see on my video and learn about in my pdf: organic short grain brown rice, steel cut oats, black beans, quinoa, dates, raisins, walnuts, chia seeds, hemp hearts, pumpkin seeds and water. D

Lorraine D’Aversa is a Nutritionist, We l l n e s s a n d L i fe s t y l e C o a c h / Consultant, and Marriage and Family T hera pi s t. S he m ay b e rea ched at lorraine@attainyourvision.com.

C heck out L orraine ’s Videos at bit.ly/11leRDF. In one of her videos, she invites us into her kitchen—a kitchen that is dressed for success! For the specific values within each of the foods showcase, go to Lorraine’s website, AttainYourVision.com and download her pdf “Dress Your Kitchen for Success.”

Common Food Myths — Busted!

Myth: Considering the poor quality of our soils and food production processes, we must supplement our diet with vitamins and minerals.

Why it’s busted: A study at Cornell University shows our bodies absorb more vitamin C from eating a small apple than from 1500mg of vitamin C supplements. Because apples contain more nutritional benefits than only vitamin C, eating an apple is a far better nutritional decision than taking supplements.

The answer to better overall health is not supplements; the answer is to eat a plant– strong diet.

The Physicians Committee for Responsible Medicine (pcrm.org) is a great source of accurate information.

Whole Food, Plant-Strong Recipe of the Month: Cauliflower Fried Rice

Offered by Kate W. Beckman, of Bryan E. Kuhn, Counselor at Law, PC, October’s Whole Food, Plant-Strong Recipe winning recipe!

Ingredients:

• 1 head of cauliflower • 2 T. + 2 T. oil • 4 carrots, chopped • 1 onion, chopped • 1 cup spinach, washed

• 2 T. garlic, chopped • 1 cup peas • Scrambled tofu (optional) • 6 T. soy sauce • 1/2 t. sesame oil

• Salt/pepper to taste Scrambled Tofu -1 package of tofu -1/2 T. oil

-3/4 t. turmeric -1/2 t. onion powder -1/2 t. salt -1/4 t. garlic powder -1/4 t. pepper

Directions:

Heat pan and oil over medium. Mash the tofu (optional). Add tofu and spices to pan. Cook 5–10 minutes until brown. Remove and set aside. Grate cauliflower or pulse in a food processor until rice-like. Heat skillet over medium heat. Add 2 Tablespoons of oil. Add onions, garlic, and carrots. Cook 2–3 minutes. Add peas. Cook one minute. Remove and set aside. Add two Tablespoons of oil to the pan. When the pan is hot, add cauliflower. Cook 5–7 minutes, stirring every couple minutes. Add vegetables, tofu (if using), sesame oil, soy sauce, salt and pepper, and stir.

The winner of this month’s $25 gift certificate to Whole Foods Market for her delicious, plant-strong and nutritious recipe is Kimberly C. Perdue, Esq. of Kennedy Childs, P.C. Look for Kim’s recipe in next month’s Docket.

Please send your favorite Whole Food, Plant-Strong Recipe to Lorraine D’Aversa at lorraine@attainyourvision.com. Each month, we will select one recipe to appear in The Docket. Winners receive a $25 gift certificate to Whole Foods Market.

14 The Docket I November 2013

LinkedIn (or Left Out) for Lawyers: How to Pump Up Your Profile B y Jane t E llen R a a s ch

U

ntil recently, very few lawyers and corporate counsel had even heard of the social media site LinkedIn. In fact, it surprises many to learn that LinkedIn was launched in 2003— ten years ago! In a 2012 ABA survey, 95% of ABA members indicated that they have profiles on LinkedIn. Seventy percent of corporate counsel indicated that they use LinkedIn regularly as a tool to find and vet outside counsel.

LinkedIn is now one of the world’s most popular websites. If you would like to be found by potential clients, your LinkedIn profile is more important than your website biography. If you are looking for networking opportunities, your LinkedIn presence and activity are just as important as your face-to-face networking.

“From the very start, LinkedIn differentiated itself as a site for business, business development and recruitment rather than a social site,” said Phil Nugent, a non-practicing attorney and

principal at NCG Strategic Marketing.

“In just ten years, LinkedIn has gained 225 million users around the world, including 80 million users in the United States,” said Nugent. “More than 173,000 people join LinkedIn each day. It is a great place for many attorneys, because the demographics of LinkedIn skew older, wealthier, and more-educated than any of the other top social media sites.”

Nugent discussed effective use of LinkedIn by lawyers and law firms at the monthly educational meeting of the Rocky Mountain Chapter of the Legal Marketing Association, held July 9 at Sullivan’s Steakhouse in LoDo Denver.

“Successful use of LinkedIn as a business development tool has three steps,” said Nugent. “First, you must post a complete and compelling profile. All too many lawyers and law firms leave it at that, however, and then wonder why LinkedIn is not working as well as they had hoped.”

“To achieve success on LinkedIn, you must build a strong network of connections in terms of both quality and quantity,” said Nugent. “With this accomplished, you can leverage LinkedIn as a business development tool to find others, to get found and to conduct market research.”

Getting Started on LinkedIn The creation and posting of a good profile is step one of a solid LinkedIn presence. However, it should not be the same as a lawyer’s website bio. Instead, it should be designed to satisfy the unique needs of LinkedIn’s search algorithm.

“LinkedIn’s algorithm uses a metric to quantify profile strength, which has a huge effect on search results,” said Nugent. “Different areas of your LinkedIn profile carry different weights.

You should aim for a profile-strength of “all-star,” or as close to 100 percent as possible.” Nugent gave specific rec-

ommendations regarding LinkedIn algorithm’s weights below.

LinkedIn’s “All-Star” Algorithm:

Name and title (25 percent)—Do not make the mistake of simply listing a generic job title in this very important space. It should include carefully selected keywords—the keywords that those searching for someone like you are likely to use. The title category can be as long as 120 characters, or about 18 words.

Photo (5 percent) —A profile that includes a photo is seven times more likely to be viewed than one without a photo. Be sure that the photo is both professional and recent.

Summary (10 percent)—Use your summary to tell a compelling story about how you help clients solve their legal problems. This section should include plenty of keywords. It can include up to 2,000 characters, or about 350 words.

Spell check is always recommended.

Education (15 percent) Previous two jobs (30 percent) Three recommendations (15 percent) Another smart tactic for promotion of your LinkedIn presence is to customize your profile’s URL. LinkedIn automatically generates a random URL, but this can easily be changed to a much shorter version featuring your name.

Additionally, you should be sure to add links to your website and blog.

On the “Edit Profile” page you can add content modules that include projects, publications, honors and awards, patents, certifications and languages.

“Throughout your LinkedIn profile, remember that content is king,” said Nugent. “The copy should be compelling and should include plain-English keywords that are the same words that will be used by your target market or your November 2013 I The Docket 15

ideal clients. These keywords should indicate who you are and what you do.

Avoid ‘legalese’—unless your clients use it, too.”

Once you have prepared and posted a strong LinkedIn profile, you want to make sure that people can actually gain access to it. Go to the “privacy controls” section of your profile and choose the settings that allow “everyone” to view your profile photo and visibility.

Creating a LinkedIn Network To support a strong LinkedIn profile, you need a strong network. When it comes to building a network, you can pitch as well as catch. This means that you shouldn’t rely only on the invitations that you receive; you should proactively send invitations to those with whom you would like to be connected.

A LinkedIn network works like a big circle—with you in the middle.

First-degree connections are direct connections. These are the people you have accepted and who have accepted you.

Second-degree connections are friends of these friends. Third-degree connections are friends of second-degree connections. Your level of visibility into third-degree connections is limited, and a request to connect must be routed through the second-degree connection that controls the relationship.

“The quality of your network is important,” said Nugent. “If you accept too many random invitations, your network, although large, may not be sufficiently useful. If you accept (and send) too few invitations, you won’t be able to use the database as it was designed.”

“Before accepting any invitation,” said Nugent, “ask yourself if this person is potentially a client or a source for the kind of work you really want to do. Strive for balance between the quantity and the quality of the invitations you accept.”

When vetting an invitation, check out the inviter’s profile. Is the invitation from a real and (apparently) respectable individual? Does the inviter have quality contacts that might prove valuable? Does the inviter have a large number of contacts? Did the inviter include a personal note with the invitation? “Rely on these factors to determine if it makes good

16 The Docket I November 2013

A well-crafted LinkedIn network is like a finely tuned sports car ... It’s really a waste if you just let it sit in the garage. You should take it out for a spin as often as possible.” sense to connect,” said Nugent.

When sending out your own invitations, start with your existing contact list. Include your firm’s partners, associates and staff; members of professional, business and industry groups that you belong to; and referral sources, clients and friends.

“Never allow your network to stagnate,” said Nugent. “It should grow continuously. When you meet a new contact, follow up within 48 hours with an invitation to connect on LinkedIn instead of (or in addition to) an email or a written note. To facilitate this tactic among those you meet, consider including your LinkedIn address on your business card.”

LinkedIn for Research “A well-crafted LinkedIn network is like a finely tuned sports car,” said Nugent. “It’s really a waste if you just let it sit in the garage. You should take it out for a spin as often as possible. The more you ‘drive’ LinkedIn, the more you’ll discover its usefulness—and the more you’ll realize what a powerful tool it can be on a daily basis.”

Your LinkedIn network is essential when conducting pre-interaction due diligence. “You can search your network in order to find out useful information about prospects, their companies, clients, competitors, consultants, referral partners, media sources and employees,” said Nugent. “The quality of your results will be determined by the quality of your contacts and the size of your network.

“LinkedIn can help provide answers to many important questions,” said Nugent. “These include who is the right person to talk to in a particular organization? What can I discover about this person prior to our meeting? Who else is on their team? Who might be able to

provide me with background or an introduction?”

LinkedIn’s “advanced search” capability allows you to refine a search by relationship, location, current company, industry, past company, school and language. Search can be further narrowed by groups, years of experience, function, seniority level, interests, company size, Fortune ranking and date joined.

Lawyers who want expanded search capabilities and additional functionality can try a premium membership on a monthly basis rather than sticking with the basic free membership. However, the free membership provides plenty of power for most LinkedIn users.

“In just ten years, LinkedIn has gone from being a novelty embraced by techies to a must-have marketing tool for all professionals who hope to compete in today’s marketplace,” said Nugent. “By creating a strong profile and a robust network, and by being an active user, any lawyer can vastly enhance his or her online visibility and reputation.” D Janet Ellen Raasch is a writer, ghostwriter, copyeditor and blogger at Constant Content Blog who works closely with professional services providers—especially lawyers, law firms, legal consultants and legal organizations—to help them achieve name recognition and new business through publication of newsworthy and keywordrich content for the web and social media sites, as well as articles and books for print.

She can be reached at (303) 399-5041 or jeraasch@msn.com.

Lawyers’ Use of Online Communities & Social Networks

T

he American Bar Association Litigation Section recently posted this infographic examining the use of legal technology—specifically, social networks and communities. It quantifies how much time per week lawyers spend on social networking sites for

professional purposes, as well as the reasons for use within that category.

An overwhelming 68.2% of lawyers report spending less than one hour each week utilizing social networks and communities. It seems that the value found on social media is yet to be determined

for the majority within the legal profession. We’d love to hear your feedback on this! Email Courtney at cgibb@cobar.org with any comments or find us on Facebook, Twitter and LinkedIn and start a conversation. D

LAWYERS’ USE OF ONLINE COMMUNITIES & SOCIAL NETWORKS 6–10 hours 11 or more hours 2.2% .7%

Approximately how much time per week do you spend using online communities/social networking sites for professional purposes?

1–5 hours 28.9%

less than 1 hour 68.2%

3.8%

REASONS FOR USE

16.8%

other education/current awareness

15%

3.1%

13.5%

17.2% 10.5%

2.1% 12.8%

46.8%

35.8%

44.8%

48.3%

45.8%

64.1%

71.7%

74%

68.4%

76.6%

85.1%

solo

2–9

10–49

50–99

100–499

500+

45%

client development 40.5%

case investigation

4.2%

2.1%

31.5%

39.5%

45.3%

40.6%

44.7%

career development/networking

SIZE OF PRACTICE

Information from the 2012 ABA Legal Technology Survey Report November 2013 I The Docket 17

Statutory Construction in Colorado State Courts B y J u st ice G reg Hob b s

Taking the Legislature at Its Word Because the goal of statutory construction is to effectuate the intent of the General Assembly, we should start with the legislature’s explicit presumption that it intended the following when enacting the statute we are called on to construe: a. Compliance with the constitutions of the state of Colorado and the United States is intended, b. The entire statute is intended to be effective; c. A just and reasonable result is intended; d. A result feasible of execution is intended; e. Public interest is favored over any private interest. § 2-4-201(1)(a)-(e), C.R.S. (2013).

In other words, we, like they, should work for a just and reasonable result that complies with the Colorado and U.S. Constitutions, favors the public interest over any private interest, and takes into account the statute as a whole. To this end, the legislature counsels that we should liberally construe all aspects of the statute in ascertaining its intent and meaning: All general provisions, terms, phrases, and expressions, used in any statute, shall be liberally construed, in order that the true intent and meaning of the general assembly may be fully carried out. § 2-4-212, C.R.S. (2013).

The legislature also provides a nonexclusive list of helpful assists should a court consider the statute ambiguous: 1. If a statute is ambiguous, the court, in determining the intention of the general assembly, may consider among other matters: a. The object to be attained; b. The circumstances under which the statute was enacted; c. The legislative history, if any; d. The common law or former

18 The Docket e. I November 2013

statutory provisions, including laws upon the same or similar subjects; e. The consequences of a particular construction; f. The administrative construction of the statute; g. The legislative declaration or purpose. § 2-4-203, C.R.S. (2013).

Not Ordinarily Plain Although the plain meaning of individual words and phrases often plays a critical role in statutory construction, see, for example, Shaw v. 17 West Mill St., LLC, 2013 CO 37, ¶ 13, 307 P.3d 1046, 1049 (“We look to the plain meaning of the language the General Assembly employed and give it effect if possible.”), see also § 2-4-101, C.R.S. (2013), one word the General Assembly does not include in its statutory construction provisions is the word “plain,” and see §§ 2-4-201–216, C.R.S. (2013). To the contrary, the legislature’s charge to consider the entire statute, giving it a just and reasonable result feasible of execution, assumes the complexity of statutory construction and not any pat simplicity. If “plain” means “easily understood: clear,” Webster’s Third New International Dictionary 1729 (1971), many statutory provisions flunk the rudiments of accessible expression when divorced from statutory context.

Who more than legislators realize the complexity of patching a bill together as it goes through the legislative process?

Words and phrases may be fashioned for a precise meaning, or they may be chosen for their broader implications, or because ambiguity is necessary to accommodate a number of interests in passing the bill.

Often, a comprehensive analysis of how a new provision may affect existing provisions contained in other sections of the code is not undertaken.

Getting a majority vote in both houses to pass a bill is surely an accomplishment every time it happens. It’s always an incremental process. A bill must go through one or more committees of both houses of the General Assembly,

and there is very seldom a conference committee that prompts a comprehensive or reconciling rewrite before the bill becomes law. The wording of a new law or an amendment to an existing law gets tested outside statehouse doors, as people and businesses attempt to live with it, and the judiciary is called upon to apply it in individual cases.

Making judicial interpretations as plain as we can express them is the better part of any valor judges can earn amidst complexity and uncertainty over a law’s meaning.

Toolbox Not Lockbox Instead of attempting to formulate a set of rules controlling the process of statutory construction, the legislature has arrayed a number of tools judges may “consider”—as the Assembly has recognized—“among other matters.” § 2-4-203(1) C.R.S. These tools include various presumptions and preferences, such as that statutes are presumed to be prospective in operation, see § 2-4-202, C.R.S. (2013), and that both general and special or local provisions should be given effect if possible. If not possible, the special or local provision should prevail over the general provision unless the general provision is the later adoption and the manifest intent of the statute is that the general provision prevail, see § 2-4-205, C.R.S. (2013). In addition, the common law may serve as the rule of decision until repealed by legislative authority, see § 2-4-211, C.R.S. (2013), and the reenactment, revision, or amendment of a statute is intended to be a continuation of the prior statute and not a new enactment, see § 2-4-208, C.R.S. (2013).

In its generous phrasing and its assumption that the judicial and legislative roles are complementary—not antagonistic—to each other, the Colorado General Assembly’s approach to statutory construction reflects comity between these governmental branches. After the judiciary has construed the statute, the legislative power may review, live with, or change the result through statutory revision or constitutional amendment.

Text and Context Every judge at every level, from municipal court to the Colorado Supreme Court, determines questions of law de novo, but not in a vacuum, because the facts of the case always provide the platform for analysis and application of the legal principle. Because there is no set framework about how to begin, the more a judge encounters statutory construction issues and works through round after round of civil and criminal cases, the better instincts she or he will have about how to proceed.

The seven of us who serve on the Supreme Court typically have the advantage of seeing how a trial court and the court of appeals have approached the statutory construction problem in the case now before us. One judge, three judges, seven judges—all get to wrestle with the same question: how do we understand and express as clearly as possible what the statute means, so that the rule of law the statute embodies can be applied reliably and repeatedly in the community at large.

Having wrestled with “the rules” of statutory construction for seventeen years, I have a few suggestions derived from forging majority opinions with the constant and insistent help of my colleagues.

1. Statutory construction should not contravene “the text and context” of the statutory provision at issue. See Springer v. City and Cnty. of Denver, 13 P.3d 794, 800 (Colo. 2000).

2. The statute may be part of a comprehensive legislative scheme.

Even if not, the solution to the statutory construction problem the attorneys are contesting may be found in provisions they have not cited. See Droste v. Bd. of Cnty. Comm’rs of Pitkin, 159 P.3d 601, 605 (Colo. 2007) (“When we interpret a comprehensive legislative scheme, we must give meaning to all portions thereof and construe the statutory provisions to further the legislative intent.”)

3. Run the Session Laws to compare the language of the original

statutory provisions and how they have been amended by deletions and additions since initial adoption. Arguments about conflicting or potentially ambiguous provisions may be resolved by analyzing how the General Assembly has addressed prior controversies involving the subject matter. See Montez v. People, 2012 CO 6, ¶¶ 7, 13, 269 P.3d 1228, 1230–31 (“The meaning of an undefined word in a statute may be determined by reference to the meaning of words associated with it... As an interpretive aid to determine legislative intent, we presume that when the General Assembly makes a substantive amendment to a statute,... it intends to change the law.”); see also Lucero v. People, 2012 CO 7, ¶ 19, 272 P.3d 1063, 1065–66 (analyzing a series of amendments to theft statutes and stating that “we effectuate the intent of the General Assembly, heeding the words the General Assembly has used in the appli-

cable statutory provisions”).

4. When transcripts of legislative hearings help to confirm or refute contentions about the statute, use them, cautiously, in combination with other tools of construction. See City of Greenwood Village v. Petitioners For the Proposed City of Centennial, 3 P.3d 427, 436 (Colo. 2000) (“This legislative history confirmed for the district court, and for us, that the General Assembly consulted the set of facts involved in this case...”); see also Shaw v. 17 West Mill St., LLC, 2013 CO 37, ¶ 16, 307 P.3d 1050 (“Our plain meaning construction of the statute... is reinforced by the timetable of the legislature’s enactment of the provision.”).

5. When your gut tells you something just isn’t right, you may be right! Look at the statute again.

After all, the legislature intends a just and reasonable result. See People v. Wilburn, 2012 CO 21, ¶¶ 29, 30, 272

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REPUBLIC PLAZA Anthony Albanese +1 303 628 1758 anthony.albanese@cbre.com November 2013 I The Docket 19

P.3d 1078, 1084 (“Wilburn’s evidence concerning his learning disability is admissible without an insanity plea as long as he ‘provides notice and permits a court-ordered examination.’... Under section 16-8-106(1), the trial court has discretion to consider and to order a suitable out-patient examination.”).

6. An operative undefined word in the statute may have multiple meanings and might be resolved by examining other statutory provisions using the word and employing a mixed question of fact and law standard. See Brandt v. Brandt, 2012 CO 3, ¶ 44, 268 P.3d 406, 415 (addressing a statutory term lacking a definition and stating that “[r]esidency provisions contained in other Colorado statutes provide guidance for what factors should be considered in making the totality of the circumstances determination”).

7. Congress carved Colorado out of the public domain. In real estate, tax, and natural resource cases, among others, historical legal research into both state and federal statutes may be useful in resolving the meaning of constitutional as well as statutory provisions. See Bd. Of Cnty. Comm’rs v. Vail Assocs., 19 P.3d 1263, 1275 n. 16, 1279 n. 21 (Colo. 2001) (analyzing the taxability of valuable private possessory interests in non-taxable federal lands). See also McCormick v. Union Pac. Res. Co., 14 P.3d

20 The Docket I November 2013

346, 350, 352–53 (Colo. 2000) (analyzing the meaning of the term “minerals” in statutory provisions and in the use of mineral reservations in deeds).

8. You have the authority to prevent local governments from perpetuating conf licts with each other that undermine the public interest—use it! See South Fork Water v. Town of South Fork, 252 P.3d 465, 473 (Colo. 2011) (“Without water there is no life.”); see also Bd. of Cnty. Comm’rs v.

Hygiene Fire Prot. Dist., 221 P.3d 1063, 1070 (Colo. 2009) (“In enacting a provision allowing other political subdivisions to override country disapproval of their public projects, the General Assembly intended to address just this sort of conflict between political subdivisions.”).

9. Words are the coin of our realm. Consult the dictionary, subject to the overall admonition that the legislature intends a just and reasonable result feasible of execution. See Denver Post Corp. v Ritter, 255 P.3d 1083, 1091 (Colo. 2011) (analyzing the meaning of the words “made,” “maintained,” and “kept” in the Public Records Act definition); see also § 2-4101 (“Words and phrases shall be read in context and construed according to the rules of grammar and common usage.

Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”).

10. Relish ambiguity. You are called upon to resolve it! When alternative plausible meanings of legislative intent arise, you have a number of tools available and the good work of your colleagues in previously published cases to guide your choice. Nevertheless, many seeming ambiguities can be resolved by a plain meaning analysis that first looks to both the text and the context of the statute. Using the toolbox is not forbidden in aid of effectuating a legislative intent that is just, sensible, and comprehensible! D J u s t i c e G re g Hobbs has served as a member of the Colorado Supreme Court.

He is the author of three books published

by Continuing Legal E ducation of the Colorado Bar. Justice Hobbs also presented a draft of this article to judges at the 2013 Judicial Conference.

Transitioning in Place—An Alternative to the “R” Word Transitioning-inPlace Model

Recalibrate work–life balance

Identify most enjoyable aspects of work

B y K en S te rn

I

hate the word “retirement.” It’s a very imprecise term in today’s world, and can even be viewed in a pejorative manner. The classic conception of retirement involves closing the book on one’s career and, at its extreme, the complete cessation of productive engagement in the world. When you mention “retirement,” many people have an image of being home all day watching “Jeopardy” in pajamas.

Baby Boomers—who expect to live longer and may need to continue generating income later in life—are looking for alternatives to the classic notion of retirement. For many Boomers, especially attorneys, transitioning in place provides a better alternative for their future.

Many Boomer attorneys have built successful careers by displaying an excellent work ethic—translated into working long hours and large amounts of stress.

Over the years, however, it can start to feel overwhelming. Alternatively, many Boomer attorneys begin to think wistfully about pursuing other interests or passions that they had to put aside as they built their law practices. In the traditional retirement model, Boomer attorneys have to make what sometimes feels like a “Sophie’s choice,” between continuing their career or walking away into the sunset.

The “transition-in-place” model is much more flexible and nuanced than the traditional retirement concept. It has two effective approaches, the first of which is to focus on how Boomer attorneys want to restructure their work–life

balance. Recalibrating work–life balance is most commonly the foundation of the transition in place approach. It is extremely helpful to find metrics to quantify the restructuring, such as how many hours the attorney will bill per year, or how many days per week the attorney will

work, etc.

The second approach is to identify which aspects of the practice of law remain the most enjoyable versus which cause the most stress. The answer will determine how the practice can be successfully restructured by maintaining or expanding the fulfilling parts while decreasing or eliminating those responsibilities that are the most stressful or the least enjoyable. The net result of both steps is creating a better work–life balance and a more satisfying practice of law.

Another key component in this process is discovering how Boomer attorneys will spend their additional free time. While feeling burnt out is a strong motivation for implementing the transition-in-place model, identifying exciting possibilities for the resulting free time is often a more powerful catalyst for change. Focusing on the new possibilities is an effective way to overcome the obstacles and fear associated with the transition.

In my experience as a coach and consultant, the biggest challenge in making this type of transition is typically the attorney’s own internal resistance to change. I have helped many clients overcome this resistance by using a number of techniques such as visualizations, fact-checking measures, employing accountability “buddies,” and “day in the life” exercises.

Transitioning in place is a not a piein-the-sky proposition. Many lawyers are successfully implementing this model, even if they don’t label it this way. For example, I have successfully transitioned

my practice so that I spend 75% of my work time practicing immigration law, focusing on the parts of the practice I enjoy the most, and 25% of my time engaged in executive coaching and law firm consulting.

The beauty of the transition-inplace model is that it is both financially rewarding for the individual attorney and extremely beneficial to the law firm.

In an “all-or-nothing environment,” the attorney might typically retire at age 65.

The transition-in-place model involves regular adjustments to the work–life balance equation and the substance of the individual’s law practice. Making these adjustments will usually significantly expand the attorney’s career, perhaps to age 75 or beyond, allowing the attorney to earn income over a much longer period of time. The firm will continue to benefit from the attorney’s presence, wisdom, and book of business.

Additionally, law firms that successfully adopt a transition-in-place culture may be able to attract successful Baby Boomer attorneys with big books of business from other firms that are not as receptive to the concept.

Baby Boomers have redefined many social phenomena over the decades. Ideally, Boomers will continue to create and implement many alternatives to the traditional notion of retirement—finding new ways to gradually and gracefully wind down their successful careers. D Ken Stern is a partner in the immigration law firm, Stern & Curray. In addition to actively p ra c t i c i n g i m m i gration law he also engages in executive coaching and law firm consulting. He can be reached at ken.stern@sterncurray. com.

November 2013 I The Docket 21

Legal Life Lessons from a Rovira Scholar B y C i ar a Fabe r

I

spent much of my time as the Rovira Scholar for Metro Volunteer Lawyers tr y ing to understand what the role meant to me.

I knew it was my responsibility to help promote and provide access to justice for the underserved population, and a large part of that was encouraging and providing support for pro bono attorneys, while also gaining insight into the operations of an organization with an impressive impact. That is a mouthful of a sentence to describe the big picture of the role I was given. However, it was in the small tasks that I learned the true value of my role—the ability to cultivate dignity.

My value was a direct extension of the value of being a member of an organization staffed by a few people working to provide attorneys and other support for thousands of clients a year. If we were not direct advocates for clients, we were advocates for their dignity, ensuring that our volunteer attorneys were given the support and resources they needed to help their clients.

As an intermediary between clients

22 The Docket I November 2013

It was in the small tasks that I learned the true value of my role—the ability to cultivate dignity.” and attorneys, I advocated by answering questions from all sides, engaging in phone and in-person conversations with clients to properly acknowledge their crises, and by pairing mentor attorneys with less experienced attorneys. My work often involved making direct pleas to attorneys to take difficult cases with very short deadlines. I learned a lot about dignity from attorneys willing to sacrifice their time to commit to these clients. I also represented my first Spanish-only client and volunteered at the monthly legal aid clinic at the Denver Indian Family Resource Center.

My experience at MVL was beneficial academically, as well as practically. I was trained in drafting Tribal Wills, Family Law Basics, Native American human rights violations, and applying the Indian Child Welfare Act, to name a few.

I even tried to reciprocate with trainings in which I contributed presentations, such as for the Tribal Wills project at Denver Law, the Post Decree training at the Denver District Attorney’s office, giving a pro bono recruitment presentation for Denver Law students; and updating I C WA a n d M V L resources. I also attended meetings for various groups, including Access to Justice committees, the Justice Program for Older Adults, DBA and MVL board meetings, the Pro Bono Summit Conference, and a meeting to discuss and develop a support network to provide ways to better engage new

attorneys in pro bono and mentoring programs.

Everything I learned and applied throughout this experience helped cultivate my own dignity as a public interest lawyer. It made me a more effective advocate for the dignity of MVL’s indigent clients, who deserved equal respect and access to legal help. My work came full circle when I observed the successful trial of an MVL client who had been treated with indignity by being forcibly and fraudulently removed from his home while mourning the loss of his father (See page 8). The attorney I matched him with on short notice went above and beyond to fight for him and restore his dignity.

The pursuit of equalizing access to justice is the pursuit of upholding the dignity of every individual in need of it. D

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

Questions? Contact Dianne A. Van Voorhees at diannev@cobar.org

BRIEFS Wheels of Justice Appreciation Party—Wednesday, Nov. 6 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 Wednesday, Nov. 6.

The complimentary event will be held from 5:30 to 7:30 p.m. at the DBA offices.

The team, comprised of 271 riders, raised more than $375,000, making the team the top fundraiser at the Courage Classic for the fourth year!

RSVP to kcordova@childrenscoloradofoundation.org.

Court Orientation— Nov. 7 and 8 The 2013 Colorado Court Orientation is a program geared at introducing new attorneys and attorneys new-to-thearea to the nuts and bolts of practicing law in Denver and around Colorado.

This event will focus on pragmatic tips for new local attorneys in any practice area. Presentations will highlight key ethical considerations for practitioners, strategies for negotiation and litigation, practical legal writing tips, common substantive issues new attorneys face, and much more. The program will feature presentations from local judges, practitioners, and legal professionals.

The program will be held from 8:30 a.m. to 4:30 p.m. on Thursday, Nov. 7 and 8:30 a.m. to 12:30 p.m. on Friday, Nov. 8, at the Ralph L. Carr Colorado Judicial Center in the Colorado Supreme Courtroom.

14 CLE credits, including two ethics credits, available. The cost to attend is $40 for members, $60 for non members, and $25 for students.

Thursday, Nov. 7, following the program, the DBA Young Lawyers Division will host Barristers After Hours at the Judicial Center. Complimentary drinks and appetizers will be provided.

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

Veterans Day Reception— Monday, Nov. 11 In honor of Veterans Day, Wheeler Trigg O’Donnell and the Military & Veterans’ Affairs Section of the Colorado Bar Association will host a Veterans Day reception on Monday, Nov. 11, at 370 17th St., Suite 4500. One CLE credit is anticipated. The reception will include a lecture by Major Keith A. Robinson, “Military Operations at Home and Abroad: A JAG’s Perspective.” Robinson has served in the Army for 28+ years and holds the rank of Major. He currently serves as the Staff Judge Advocate for the Colorado National Guard. Robinson is the chief legal and ethics advisor to the Adjutant General of the Colorado and his staff. All members are invited to attend. Lecture at 4:30 p.m. followed by reception at 5:30 p.m.

RSVP to either or both complimentary events by Nov. 6 to rsvp@wtotrial. com or (303) 244-1979.

Strikes for Tykes— Saturday, Nov. 16 Put on your bowling shoes (or rent them) 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. 16, from 11 a.m. to 2 p.m. at Elitch Lanes, located at 3826 Tennyson in Denver. Cost is $35 for adults, $20 for children (12 and under), and $150 to sponsor a lane.

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

Practice Area Preview: Real Estate Law—Tuesday, Nov. 19 Join DBA Young Lawyers Division on Tuesday, Nov. 19 for an informal discussion and networking event for young lawyers led by young lawyers. Speakers will discuss how they got into the field of real estate law and what it is like to practice in that area. Come learn about a new field of law and bring your questions.

Complimentary drink and appetizers will be provided. Networking starts at 5:30 p.m. at the Blake Street Vault, 1526 Blake St., Denver. RSVP to lunches@cobar. org or call (303) 860-1115, ext. 727.

Coffee Talk: Identifying and Protecting Client Confidential Information and Other Ethical Considerations— Wednesday, Nov. 20 The DBA Young Lawyers Division Coffee Talk program will be held on Wednesday, Nov. 20 from 8 to 9 a.m. at the DBA offices. Chief Justice Michael Bender will present a one hour program titled “Identifying and Protecting Client Confidential Information and Other Ethical Considerations.” Chief Justice Bender will lead an interactive discussion on the Rules of Professional Conduct, including the importance of protecting confidential client information. One ethics CLE credit available. This event is free for members.

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

DBA YLD Movie Night CLE: “Miracle on 34th Street”— Tuesday, Dec. 3 James Garts and Becky Bye will be conducting a CLE related to the movie, “Miracle on 34th Street.” Similar to the legal themes of the movie, the CLE will focus on ethical issues associated with representing clients with competency issues. Additionally, there will be some discussion on federal and state preemption issues (since this issue played a pivotal role in the movie).

The fun and informative movie night will be held at the DBA CLE offices, 1900 Grant St., third floor, starting at 5:30 p.m.

Pizza and refreshments will be provided.

RSVP to lunches@cobar.org or call (303) 860-1115, ext. 727. Look for registration fee information in upcoming enewsletters.

Gear Up for Lawyers’ League Basketball The Lawyers’ Basketball League will kick off its 2013 season in January, and will be held at the University of Denver Hamilton Gym. The expected team entry fee will range from $600 to $700.

Sign-up information will be sent to last year’s team captains in Oct.; others who are interested in registering, forming, or joining a team should contact Todd Jansen at todd@toddjansenlaw.com or Rob Hooke at rhookeesq@gmail.com.

November 2013 I The Docket 23

CBA-CLE Calendar

NOV. 2013

REGISTER ONLINE OR CALL TODAY!

LIVE EVENTS AND LIVE WEBCASTS November 1, 2013 Trust and Estate Fall Update Submitted for 6 General CLE credits, including 1 Ethics

November 8, 2013 Winning Trial Skills and Tactics of 2013 Submitted for 8 General CLE credits, including 1 Ethics

November 4 or 5, 2013 Ethics Revue at Lannie’s Clocktower Cabaret 2013 Starring The Law Club Submitted for 3 General CLE credits, including 3 Ethics

November 13, 2013 Serving the Moderate Income Client: Successful Business Planning Submitted for 4 General CLE credits, including 3 Ethics

November 6, 2013 Practicing with Professionalism (Mandatory Course for New Attorneys) Submitted for 6 General CLE credits

November 15, 2013 Employment Law Fall Update Submitted for 7 General CLE credits

November 7, 2013 Criminal Law Fall Update Submitted for 7 General CLE credits, including 1 Ethics

November 1, 2013 Real Estate Fall Update - Hot Topics Submitted for 7 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) November 7, 2013 Practical Income Tax Issues in Everyday Estate Planning & Administration Submitted for 3 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver) November 8, 2013 2013 Annual Workers' Compensation Fall Update Submitted for 6 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) November 13, 2013 Ethics of Rhetoric Submitted for 3 General CLE credits, including 3 Ethics (video replay in Grand Junction, Colorado Springs, and Denver)

November 19, 2013 Practicing with Professionalism (Mandatory Course for New Attorneys) Submitted for 6 General CLE credits

VIDEO REPLAYS November 15, 2013 Family Law Fall Update Submitted for 6 General CLE credits, including 1.2 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) November 21, 2013 Trust and Estate Fall Update Submitted for 6 General CLE credits, including 1 Ethics (video replay in Grand Junction, Colorado Springs, and Denver) November 22, 2013 Ground Water Regulation: History and Focus on Water Divisions 1, 2, and 3 Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

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

CBA CLE

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

www.cobarcle.org 24 The Docket I November 2013

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

Is Your Law Library Up-to-Date?

Colorado Bar Association CLE publishes comprehensive and substantive Colorado-specific law books, written by leading Colorado legal practitioners. Our books keep you up-to-date on new case law, regulations, and other important legal developments. They are a great value, saving you hours of time, providing clear explanations of the law, relevant citations, and essential forms. Plus, forms are available on disk for many of the books.

2013 Supplements: Anderson on Colorado Civil Litigation Forms (4/13) Colorado Arbitration Law and Practice (9/13) Colorado Estate Planning Forms (10/13) Colorado Estate Planning Handbook (11/13) Colorado Liens and Claims Handbook (3/13) Colorado Probate System (8/13) Colorado Real Estate Practice (9/13) Colorado Title Insurance Practice (9/13) Colorado Water Law Benchbook (2/13) Elder Law in Colorado (8/13) Guide for Colorado Nonprofit Organizations (8/13) Practitioner’s Guide to Colorado Business Organizations (9/13) Practitioner’s Guide to Colorado Construction Law (7/13) Practitioner’s Guide to Colorado Domestic Relations (5/13) Practitioner’s Guide to Colorado Employment Law (11/13) Wade Parks: Colorado Law of Wills, Trusts, and Fiduciary Administration (12/13)

Soft-cover Editions: 2012 Annual Survey of Colorado Law (5/13) Colorado Appellate Handbook (2/13) Colorado Automobile Accident Litigation & Insurance Handbook – New Soft-cover Edition ( 10/13) Colorado DUI Benchbook (11/13) Colorado Jury Instructions for Civil Trials 2013 Edition (1/13) Colorado Rules of Civil and Appellate Procedure (6/13) Colorado Rules of Evidence Annotated (11/13) Residential Construction Law in Colorado (7/13) The Green Book (11/13)

Coming Soon in Early 2014: Colorado Appellate Handbook—2014 Edition Colorado Ethics Handbook, 2014 Supplement Colorado Jury Instructions for Civil Trials, 2014 Edition Colorado Landlord-Tenant Law, 6th Edition Lawyers’ Professional Liability in Colorado, 2014 Edition

For more info and pricing, go to www.cobarcle.org and click on “Books” or call us at 303.860.0608 or Toll-free at 888.860.2531 to order.

November 2013 I The Docket 25

Legal

AFFAIRS GOOD THINGS Eric Liebman will serve on the 2013–2014 Special Committee on the Uniform Bar Examination of the National Liebman Conference of Bar Examiners.

Liebman is a partner at Moye White LLP and a member of the firm’s Law Practice Professionals Group.

Pendleton, Wilson, Hennessey & Crow, P.C. is pleased to announce that Edward M. Allen has been elected to the Board of Directors of the Colorado Lawyers Committee.

Trademark copyright attorney David Weinstein was recently honored by Jefferson County Mediation Services with a Certificate of Appreciation for mediating more than 100 cases during the past three years.

K i m b e r l i e R ya n , founder of Ryan Law Firm, LLC, was appointed by the Colorado Department of Revenue to the Marijuana Ryan Enforcement Division’s Medical Differentiation Working Group, which contributed to the development of retail and medical marijuana regulations for the State of Colorado. Ryan’s practice focuses on employment civil rights, with expertise in medical marijuana employment law.

Laura J. Kurzyna, a Lieutenant Colonel in the U.S. Army Reserves, (Judge Advocate) and Banking Law Counsel with the Office Kurzyna of the Comptroller of the Currency in Denver, graduated from the United States Army War College with a Master of Strategic Studies on July 26, in Carlisle, PA.

CHANGES Kilpatrick Townsend & Stockton announced that Charles Gray is one of ten new members elected to its partnership effective January 1, 2014. Gray is a member of the Intellectual Property Department in the firm’s Denver and Shanghai offices.

B e re n b a u m We i n shienk PC is pleased to announce that Michael E. Broms has joined the firm as an associate attorney Broms and as a member of the firm’s Intellectual Property & Technology and Litigation & Dispute Resolution practice groups.

Lewis, Bess, Williams & Weese, P.C. is pleased to announce that Ben H. Kass has joined the firm as an associate.

Seter & Vander Wall, P.C. is pleased to welcome Colin B. Mielke and Jen M. Wascak to the firm. Their experience will enhance the firm’s municipal, special district, library district and litigation practice.

Sweeney & Bechtold, Mielke LLC is delighted to announce that Madeline Collison has joined our firm as of counsel. Collison’s practice will focus on the representation of Wascak plaintiffs in employment law matters.

Moser Silver and Hoak LLP is very pleased to announce that W. Douglas Hoak has joined the firm as a partner.

Hoak’s practice focuses on estate planning.

Judson C. Hite has joined joined Grund Dagner & Jung as a partner.

Hite Litvak Litvak Meh-

rtens & Epstein P.C. is pleased to announce that Diane Carlton has become a partner in the firm. The firm name has been changed to Litvak Litvak Mehrtens Epstein and Carlton, P.C. The firm focuses on all aspects of family law including divorce, parenting and financial support.

B e re n b a u m We i n shienk PC is pleased to announce that Gus R .

Michaels and Ann M. Schroeder have joined the Michaels firm as special counsel and associate attorney, respectively. Gus and Ann will continue to advise clients on business transactions, estate planning, probate, Schroeder health care, and real estate law.

Gibson Dunn welcomes John Dwyer as an associate.

Jonathan J. Corrigan joined the professional malpractice defense team at McConnell Fleischner Houghtaling LLC. Willoughby & Associates proudly announces that Danielle Contos has Contos joined the firm as an associate.

The Colorado and Denver Bar Associations would like to welcome Courtney Gibb. Gibb is the bar association’s new marketing Gibb and communications specialist.

BRICK & MORTAR Wells, Anderson & Race, LLC, is celebrating its 18th Anniversary.

Wells, Anderson & R ace, LLC, a women-owned litigation law firm, recently celebrated its 18th Anniversary.

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 2013

Mary A. Wells, Sheryl L. Anderson, and Geoffrey S. Race founded the firm in 1995. The firm’s practice has focused on litigation of product liability, insurance, commercial construction, and aviation matters. Cathy Havener Greer joined the firm as an owner in 2001, and the firm’s practice expanded into the defense of employment and civil rights litigation.

In January, 2012, Holme Roberts & Owen merged with Bryan Cave and became Bryan Cave HRO. Now Bryan Cave HRO will become Bryan Cave LLP. Welborn Sullivan Meck & Tooley, PC is pleased to announce the opening of their Salt Lake City, Utah office in the Wells Fargo Center.

on September 7; The memorial ser vice will be held on Nov. 2, 3:00, at St. John’s Lutheran Church in Denver.

IN MEMORIAM James L . Treece, 88, former United States Attorney 1969–77, died

Strikes forTykes Third Annual

Benefiting Children’s Outreach Project

When: Saturday, Nov. 16 • 11 a.m.–2 p.m.

Where: Elitch Lanes • 3826 Tennyson, Denver Cost: Adults: $35 • Children (12 & under): $15

Please help fund scholarship s for kids in need!

Buy Your Own Lane (4 People): $150

Cost includes three games of bowling, shoe rental, soft drinks and food.

RSVP:

Visit dbacan.com and click on sign-up for Strikes for Tykes.

November 2013 I The Docket 27

Dates on the

Nov. 7

Democracy Education Noon–2 p.m.

Call Carolyn Gravit, (303) 824-5323.

DOCKET

DBA MEETINGS 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.

Fit to Practice is a membership task force developed

by DBA President Dan McCune. The task force will focus on health and wellness activities for attorneys, as well as those seeking to further develop their career. This monthly calendar lists upcoming Fit to Practice programs.

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

Nov. 6

Lawline 9 500 East speer blvd 4–6:30 p.m.

Legal Night At El Centro De San Juan Diego 2830 Lawrence St.

28 The Docket I November 2013

Nov. 1

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

Call Carolyn Gravit, (303) 824-5323.

Nov. 6

DBA YLD Council 6–7:30 p.m.

Call Heather Clark, (303) 824-5350.

Nov. 14

Diversity in the Legal Profession 4–5 p.m.

Call Andrea Mueller Arias, (303) 824-5323.

DBA Board of Trustees 7:30–9 a.m.

Call Denise Lynch, (303) 824-5327.

Nov. 7

Community Action Network Noon.–1 p.m.

Call Kate Schuster, (303) 824-5312.

Nov. 19

Docket Committee Noon–1 p.m.

Call Courtney Gibb (303) 824-5336

Professionalism Coordinating Council Noon–2 p.m.

Call Denise Lynch, (303) 824-5327.

Nov. 1

Nov. 15

Nov. 22

Nov. 8

Nov. 21

Fit to Practice Lunch and Learn Nutrition Seminar Noon–1 p.m.

Member cost is $8 To register, call (303) 860-1115, Ext. 727.

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Nov. 14

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Spin Class Downtown Denver YMCA 25 East 16th Ave Unit B 7–8 a.m.

Member cost is $10 To register, call (303) 860-1115, Ext. 727.

Friday Yoga @ the Bar 7–8 a.m.* To register, call (303) 860-1115, Ext. 727.

Spin Class Downtown Denver YMCA 25 East 16th Ave Unit B 7–8 a.m.

Member cost is $10 To register, call (303) 860-1115, Ext. 727.

* The instructor will be there beginning at 6:45 a.m. for those that want to begin earlier.

5:30–7 p.m.

Call (303) 295-9470.

1437 Bannock St., Room 117 11 a.m.–1 p.m.

Nov. 12

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

Call (303) 573-1302.

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

Nov. 13

Lawline 9 500 east speer blvd 4–6:30 p.m.

Nov. 19

Small Claims Clinic Denver City and County Building

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

Call (720) 944-2594.

Nov. 20

Pro Se Divorce Clinic 1437 Bannock St., Room 368 Noon–1:30 p.m.

Lawline 9 500 east speer blvd 4–6:30 p.m.

Nov. 21

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

Write for

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 Managing Editor Heather Clark at hcalrk@cobar.org.

Troubled by Rude and Unprofessional Attorneys?

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

Pamela Mackey (303)831-7364 Karen Pearson (303)874-8615 Rich Hennessey (303)839-1204

Join a Committee!

If you are interested in joining a DBA committee, call (303) 860-1115 for information. For a full list of DBA committees, visit denbar.org.

Sponsored by the DBA Peer Professionalism Assistance Committee

Colorado Lawyer Assistance Program The Colorado Lawyer Assistance Program (COLAP) is a confidential, independent program established by the Colorado Supreme Court pursuant to Rule 254.

COLAP’s mission is to assist judges, lawyers, and law students suffering from physical or mental disabilities or other impairments that affect their ability to be productive members of the legal community. COLAP provides educational programs (including ethics CLEs); assessment and referrals; information about obtaining mentors and sponsors; assistance with interventions; formal and informal monitoring programs; and aftercare assistance and referrals.

For more information or for confidental assistance, please contact Barbara Ezyk, Executive Director, at 303.986.3345 (land line); 303.906.2940 (cell); 855.986.2126 (toll free). Visit our website at www. coloradolap.org.

November 2013 I The Docket 29

Picture

THIS

The Docket and DBA YLD Barristers After Hours Celebrate Arts and Literature Contest Winners Approximately 50 people attended the Sept. 19 party at Wheeler Trigg O’Donnell to celebrate the winners of the second annual 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.

Right: Docket committee chair Ryan Jardine addresses the attendees.

From left: CBA Director of Marketing and Communications, Heather Clark, DBA President-Elect John Vaught, and Acrylic Painting winner Leslie Matthews .

Poetry winner, Erin Agee.

30 The Docket I November 2013

Sculpture winner, Barry Bartel..

Fiction Writing winner, Andy Engeman.

Watercolor Painting winner, James “Jay” Breese.

Drawing winner, Leslie Kaye.

Photography winner, Dan Shifrin.

DBA Happenings Sam Cary Bar Association’s Fall Membership Event More than 100 people attended The Sam Cary Bar Association’s (SCBA) fall membership gathering at City Park on Saturday, Aug. 24. Mayor Michael B. Hancock made a guest appearance and spoke briefly to attendees. Also, SCBA founder Gary Jackson, said a few words next to the Dr. Martin Luther King Jr. Monument, in honor of the 50th anniversary of the March on Washington.

Denver County Court Judge Gary Jackson, Mayor Michael B. Hancock, Sam Cary Bar President Terrance Carroll.

DBA YLD Hosts Law Suit Days The DBA Young Lawyers Division held its annual Law Suit Days on Oct. 3 and 4 on the steps of the Denver City and County Building. Approximately 100 men’s suits and 200 pieces of women’s clothing were donated at the event. The clothing drive benefited Bayaud Enterprises, which provides vocational assessment, training services, and employment opportunities for people with disabilities or other barriers preventing them from finding employment on their own.

DBA Young Lawyers Division Treasurer Chris Levkulich collects donations outside the Denver City and County Building.

November 2013 I The Docket 31

JAMS IS VERY PROUD TO CONGRATULATE IT’S VERY OWN,

THE HONORABLE JOHN P. LEOPOLD, ON RECEIVING THE 2013 DU LAW STARS ALUMNI PROFESSIONALISM AWARD

Hon. John P. Leopold

Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

Hon. James S. Miller

Sheldon E. Friedman Esq.

Hon. Harlan R. Bockman

John E. Hayes, Esq.

Randall C. MustainWood, Esq.

Hon. William F. Downes

Collie E. Norman Esq.

Richard P. Myers Esq.

410 17 TH STREET, #1600 • DENVER, CO 80202 LOCAL: 303.534.1254 • TOLLFREE: 1.866.534.1254 www.jamsadr.com 32 The Docket I November 2013

THE RESOLUTION EXPERTS®