2016 November

125 YEARS

A Denver Bar Association Publication I 38 Issue 9 I November 2016

2 The Docket I November 2016

VOL. 38 ISSUE 10 I NOVEMBER 2016

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A MESSAGE FROM DBA PRESIDENT NANCY COHEN WHAT THE NEW OVERTIME COVERAGE RULES MEAN FOR EMPLOYERS LITIGATING LIKE THE VIET CONG MOVING BEYONG “THANK YOU FOR YOUR SERVICE”

November 2016 I The Docket 3

INSIDE 5 9 15 16

Letter from the Editor

19 20

A Seat at the Bar

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Riding with the Wheels of Justice in the 27th Courage Classic

26 33

Law Student Chronicles: Hoops and Ladders

Briefly 10 Questions: Jamie H. Hubbard Identifying Ethical Issues in Representing Combat Veterans with PTSD An Encounter with Justice Sotomayor from Two Perspectives

Travel Spotlight

IN EVERY ISSUE 30 30 31 32 34

Bar Resources Briefs Dates on the Docket Legal Affairs Picture This

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

THE DOCKET

A Denver Bar Association publication. Views expressed in articles are those of the author and not the views of the author’s employers, the Docket Committee or the Denver Bar Association, unless expressly stated.

Deadline for articles is five weeks prior to the issue date: for example, February articles are due December 16.

Editor: Jessica Volz, jvolz@cobar.org Managing Editor: Heather Folker, hfolker@cobar.org Chair: Emma Garrison Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: Matthew Thomasson, matthew@mohanna.com The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, Emma Garrison, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, Judith Keene, Elizabeth Leder, Paul F. Kennebeck, Keith Lewis, Natalie Lucas, Kyle Martelon, Alicia J. McCommons, Daniel R. McCune, Margaret McMahon, Douglas I. McQuiston, William R. Meyer, Makenzie Morgan, Barbara J. Mueller, Peter Mullison, Heather O’Donnell, Gregory D. Rawlings, Eden Rolland, Alison Ruggiero, Frank Schuchat, Julie Simmons, Marshall A. Snider, Daniel A. Sweetser, Erica Vargas, Anthony J. Viorst, Dennis P. Walker and Rachel Young DBA Officers: Nancy Cohen, President; Franz Hardy, President-Elect; Erich Bethke, First Vice President; Jaclyn Casey Brown, Second Vice President; Janet Drake, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Gillian M. Bidgood, Sarah M. Clark, Emma Garrison, Matthew Larson, Margrit Lent Parker, Kevin McReynolds, Gerald D. Pratt, Shannon W. Stevenson and Maureen R. Watson

Write for The Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Jessica Volz at jvolz@cobar.org.

303-860-1115 • dbadocket.org Copyright 2016. The Docket (ISSN 1084-7820) is published monthly, except for the combined issue of July/August, by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

4 The Docket I November 2016

Letter from the

EDITOR

NOVEMBER 2016

DEAR MEMBERS: November ushers in tremors of inquietude as November 8 draws near. Election Day’s approach has outpaced the twirling of leaves off branches, leaving the world spinning in breathless in anticipation. As the recent referendum on the United Kingdom’s membership in the European Union reminds us, the right to vote comes with an unforgiving degree of responsibility: Majorities are not always to be trusted, especially if we do not play our part. As John F. Kennedy once said, “The ignorance of one voter impairs the security of all.” Such a truth rises above apathetic assumptions as oil above water.

While the world is — and perhaps always will be — full of inequities, lawyers are uniquely positioned to make a difference, regardless of the outcome of this election. November inspires us to give thanks. It prompts us to think of the many men and women who have given their lives to protect the tenets for which this nation stands. This month affords Denver lawyers a unique opportunity to stand for veterans at the annual Stand

Down for Homeless Veterans on November 3. A remote courtroom, implemented by the Denver County Court, runs from 8 a.m. to 2:30 p.m. at the Colorado National Guard Armory at 5275 Franklin Street. Similar events are held nationwide each year. The concept dates back to the Vietnam War, where stand downs provided weary soldiers with a chance to boost their spirits and overall sense of well-being. A number of local agencies contribute to the Denver Stand Down by providing haircuts, health screenings, food, glasses and sleeping bags for downtrodden American heroes. The CBA Military and Veterans’ Affairs Section also furnishes legal information to attendees and provides legal representation for veterans appearing before a judge at the event. Most cases are resolved in a straightforward fashion. This year, Judge Beth Faragher will be presiding.

Even if you feel powerless at times, don’t be afraid to take a side and take a stand this November. Your future self and future generations will thank you for it.

With warmest regards,

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

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A MESSAGE FROM DBA PRESIDENT

NANCY COHEN

VETERANS DAY is almost upon us; it is a day to remember the loss of loved ones and reflect about the men and women who serve our country. My father and father-in-law were in the Navy during WWII. It was assumed that they would join the military and fight for their country and its ideals. Those who returned from WWII came back as heroes. This perception has not always been true for veterans of subsequent wars. As DBA Past President John Vaught has noted, vets were not exactly welcomed home with open arms when he returned from Vietnam.

Today’s veterans often participate in three, four and even five tours of duty. The problems they encounter upon their return to civil life are numerous.

According to various articles discussing veterans’ issues, 10 percent to a third of homeless Americans are veterans. Those who have untreated PTSD can and often do develop alcohol and drug addictions.

Sadly, according to the January 2014 Veterans Health Administration Report, the suicide rate among veterans is 20 percent, which exceeds the national average.

Unsurprisingly, our veterans have many unmet legal needs relating to VA benefits and resources, housing, and family law — just to name a few. I applaud all of the DBA members who have participated in the Colorado Lawyers for Colorado Veterans program. (If you are interested in providing pro bono services to veterans through this initiative, please contact Carolyn Gravit at cgravit@cobar.org.) I would also like to commend the Veterans Advocacy Project (VAP) at the Sturm College of Law on its laudable work and for being named a beneficiary of DU Law Stars.

DBA members give so much to their communities through their pro bono activities. I recently attended the CWBA Foundation’s 11th Annual Raising the Bar dinner honoring Lucy Hojo Denson, Christina Gomez, Tami Goodlette and Mari Newman for their significant and sustained commitment to pro bono 6 The Docket I November 2016

cases and activities. As I listened to the honorees talk about their pro bono activities, the repeated theme was the client’s appreciation that the lawyers listened without judgment.

A great example of the impact of actively listening to what the client is saying was Ms. Goodlette’s description

“UNSURPRISINGLY, OUR VETERANS HAVE MANY UNMET LEGAL NEEDS ...” of a conversation she had with her client who was on Texas death row. She and others from Lewis Roca Rothgerber represented Manual Velez in his state habeas corpus proceedings. Mr. Velez had been in prison for nine years, four of which were on death row. He was poor and did not speak English. During one of her early visits to the prison to talk with her client through the glass window on

the telephone, Ms. Goodlette described what was happening in the case and then asked him what he thought and wanted to do. Her client appeared shocked by the question and didn’t respond. It then dawned on her that perhaps no one had ever asked him what he wanted and what he thought. This story has a happy ending, as the client received a new trial and was eventually released from prison.

Not every representation succeeds in getting the result the client wants.

Nevertheless, just listening can have a tremendously positive impact for that client. Lawyers often forget that the judicial system can be intimidating and the jargon we use often leaves non-lawyers confused. This is true whether you are representing a veteran, a pro bono divorce client, someone who does not speak English or someone who is sophisticated but who has not had experience with lawyers. We should all keep in mind the old adage from the Greek sage and stoic philosopher Epictetus that we “have one mouth and two ears.” D

WHAT THE NEW OVERTIME COVERAGE RULES MEAN FOR EMPLOYERS

By Sar a S h arp Changes to the federal Fair Labor Standards Act (FLSA) overtime rules may have a particular impact on your clients and your firm. New firms and small businesses in their infancy and highest growth phases are especially likely to have employees working 50 to 60 hours per week. Starting December 1, 2016, the group of employees considered eligible for overtime pay will be expanded significantly. This is a sweeping change that will affect numerous companies, with the Department of Labor estimating an impact on 4.2 million workers and other organizations estimating a number closer to 12 million.

BACKGROUND: The FLSA was first enacted in 1938. The FLSA revolutionized labor at the time by entitling employees to wages at or above the federal minimum wage and mandating that employees be paid time-and-a-half overtime for all work that exceeded 40 hours in any given work week. Congress exempted certain employees from this blanket requirement, including employees who (a) make more than a certain salary threshold and who (b) perform primarily executive, administrative or professional duties.

STEP 2: Do the equation. If an employee’s salary is close to the cut-off amount, it may be cheapest to simply raise their salary to be above the exemption threshold. The math will look like this: PRINCIPLE: If the difference between the employee’s salary and $47,476 is less than or equal to (their hours of overtime x 150% of their hourly rate), then you may want to raise their salary.

EXAMPLE: So, if I’m paying Rob $45,000 and he works an average of 50 hours a week, I can raise his salary by $5,000 so that he’s exempt, or I’ll need to budget for an overtime rate of 10 hours a week for 52 weeks at $33/hour ($22 x 1.5=$33) which amounts to $17,160. Congratulations, Rob, you’re getting a $5,000 raise!

CONCLUSION: While the National Federation of Independent Business filed a petition with the U.S. Department of Labor on September 27, 2016 in an attempt to delay the implementation of the

THE BIG CHANGE THAT MAY IMPACT YOUR CLIENTS AND YOUR FIRM: On May 18, 2016, the Obama Administration announced new FLSA rules that narrow the definition of “exempt” as it relates to which employees qualify for federally mandated overtime pay. As of December 2016, all employees earning less than $47,476 per year will be entitled to overtime pay at 1.5 times that employee’s hourly rate for every hour over 40 hours per week worked. This is a significant expansion from the prior rule where overtime eligibility applied to employees earning less than $23,660. Depending on the circumstances, some nondiscretionary bonuses, incentive payments and commissions may count toward as much as 10 percent of the salary threshold.

These rules are currently scheduled to go into effect on December 1, 2016 and will likely rise incrementally each three years thereafter, assuming they are not overturned during the next administration.

SO WHAT DO YOU DO? Given this significant change, it is more important than ever to keep a policy that your workers may only work overtime with advance authorization from their supervisor. This will help you prevent surprises and stick to budgets. It is critical to analyze how these changes will impact your current employees and to make plans to minimize the additional financial burden.

STEP 1: Figure out if you have employees who may be impacted by this change. If so, identify which ones and evaluate their current salaries. How many employees do you have earning less than $47,476? How about employees who earn slightly more?

Include those in your calculations as well.

November 2016 I The Docket 7

new overtime rules, these changes will have a significant impact on a lot of businesses (and employees). The best route to compliance needs to be carefully considered as soon as possible.

Also, don’t forget that $47,476 is just the threshold for inquiry on the overtime analysis. There may be additional overtime obligations for employees making more than than $47,476 based on their roles and responsibilities. An involved and factually specific “duties test” requires that, for individuals above the threshold salary range, the individual’s job duties must still primarily involve executive, administrative and professional duties to be exempt from overtime requirements. “Highly compensated employees” (who are currently defined as those employees earning $134,004 or more per year) also receive special treatment by the regulations if their total annual compensation exceeds a certain amount and they customarily and regularly perform at least one of the exempt duties or responsibilities of an executive, administrative or professional employee. D

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8 The Docket I November 2016

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10 The Docket I November 2016

LITIGATING LIKE THE VIET CONG: HOW TO WIN AGAINST AN OPPONENT WITH SUPERIOR RESOURCES

BY MARK COHEN The Vietnam War played witness to the United States’ attempt to prevent communists from taking South Vietnam. Many battles pitted the world’s “mightiest” military power against the Viet Cong. In the end, the United States lost the war.

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As an Air Force officer, I learned that during the Vietnam War, U.S. bombing efforts were highly effective in limiting the Viet Cong’s ability to move supplies. So, why did we lose? While many factors were involved, the Viet Cong, unlike the United States, did not require many supplies; they lived on rice and slept in tunnels. Even if only one percent of the Viet Cong’s supplies made it to the south, that was enough.

Like war, litigation involves conflict. What can the Viet Cong teach us about litigating against an opponent with vastly superior resources? Given my experience in litigation and in studying armed conflict, I believe there is much to learn from the Viet Cong.

1. DON’T LET THE ENEMY’S STRENGTH INTIMIDATE YOU. The United States spent $173 billion on the war. The Viet Cong lived in survival mode and fought with hand-me-down weapons. But they won. In other words, believe in your cause. You analyzed the case and took it because you felt it had merit. Your adversary’s size does not change the facts or the law. If you don’t believe you can win, you’ve already lost.

2. DON’T BELIEVE THE HYPE. Your opponent might not be as strong as you think. There are large firms that are surprisingly average in terms of the quality of services that they provide. Some are like balloon fish that gulp seawater to make themselves appear larger than life. Even those that truly have tremendous resources have all of the associated problems: higher costs, larger caseloads, communications issues and internal management problems. These firms are analogous to the vast U.S. bureaucracy that coordinated U.S. military efforts in Vietnam.

3. DON’T BELIEVE THE HYPE ABOUT SPECIFIC LAWYERS EITHER. Some are more successful in marketing than in court. I once represented a client in a case where opposing counsel was a “Super Lawyer” with a firm that boasted “offices in Denver and New York City.” Every time opposing counsel offered some complex legal argument, my response would begin with something like, “Well, your honor, I’m just a small-town lawyer, and I don’t have an office in New York City, but I read the statute and opposing counsel is making this more complicated than it really is.” The judge usually ruled in my favor. You know the law, the rules of procedure and the rules of evidence just as well as they do — maybe better.

4. DON’T BELIEVE THE OFFICE SPACE HYPE. Large firms pay big money for fancy offices to impress clients and intimidate you.

Don’t fall for it. For sole practitioners and small-firm lawyers, stress increases in proportion to overhead. If the Viet Cong could defeat the U.S. military, how much do you really need? I love visiting large firms. I enjoy their artwork, drink their coffee and take in the view. Then I go home, where my desk is a sheet of plywood laid across two sawhorses, and I thank God I no longer have to pay for that kind of overhead. Very little stress and much more fun. Life is good when you only have to bill two or three hours a day to earn a nice income.

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5. SIMPLIFY. During Vietnam, the United States fought the war on many fronts. Different branches of our armed forces played different roles and had different opinions on strategy and tactics.

A cumbersome bureaucracy developed to coordinate American efforts. The Viet Cong were, in contrast, lean and focused. Keep your theory of the case simple. Judges and juries love simplicity, and most disputes are far simpler than your opponent will claim. Large firms receive big money to complicate things.

Don’t let them. For example, in a contract case where you represent the plaintiff, your theory should be simple: The parties had an agreement; the defendant breached the agreement; and the defendant’s breach damaged your client. Hammer that at every opportunity. When opposing counsel files a motion, begin your response by explaining, “This is a simple breach of contract case.” When you file a motion, begin with, “This is a simple breach of contract case.” Repeat it in jury selection. Repeat it in your opening statement. Repeat it when you object. Repeat it in closing argument.

“Like war, litigation involves conflict.”

Keep your examinations short. On direct examinations, get your witnesses to say what they need to say, and then confidently announce, “No further questions.” If it takes only 15 minutes, that’s great. The short duration of your direct examination will reinforce your assertion that it is a simple case. If opposing counsel cross-examines your witness for hours, that’s fine; that will only give credence to your assertion that your opponent is making the case more complicated than it is. If your witness gave an opinion on direct and opposing counsel then cross-examines the witness ad nauseam, when it is time for re-direct, you need only ask one question: “Did any question that counsel asked you during the past four hours change the opinion you gave to the jury when you testified on direct examination?” Your witness will say, “No.” Then sit down.

6. DON’T FIGHT STRENGTH WITH STRENGTH. Large firms can generate more paper than you. Don’t try to match them. Large firms make money fighting every possible issue, flooding both you and the court with hundreds or thousands of pages of mostly cornstarch while billing for all of it. It’s an annoyance you must tolerate to get your case to trial, but why burden yourself trying to match their efforts? When opposing counsel files a 40-page motion, file a two-page response citing the relevant statute and call it a day. Most judges know B.S. when they see it. They will find your approach refreshing.

Discovery is one area where you definitely should not try to match your opponent stride for stride. You probably already know 95% of what you need to know to try the case because your client provided you with all the relevant information and documents when they hired you, and then you received the opposing party’s disclosures. Your opponent will hit you with

pattern interrogatories, non-pattern interrogatories, requests for production, requests for admissions, motions for leave to exceed the discovery limits and God knows what else. They bill for all of it. Don’t waste time objecting to their requests unless they are clearly out of bounds. Just give them straightforward answers so they know you’re ready for trial. No law says you have to hit them with the same types of discovery requests.

If you do, what you will get back will start with five pages of boilerplate objections. They will depose many witnesses. No law says you have to depose anyone. Why give the opposing party or opposing expert a practice run?

The goals of a large firm during discovery are to: (1) evaluate the strength of your case, the credibility of your witnesses and your competency; (2) make your witnesses commit to a story they won’t be able to change at trial; (3) gather information they will use when they file their seemingly endless stream of motions for summary judgment, motions to strike, motions in limine, motions for sanctions, motions for leave to conduct additional discovery, motions to continue the trial, motions for extension of deadlines, motions to exceed page limits and motions for leave to file a sur-reply to any reply you file; and (4) sap your resources and demoralize you. Sure, you could take the same approach and engage in extensive discovery, but frequently the result will be that you find yourself immersed in battles over objections to your discovery requests, motions to compel and motions for sanctions. They can generate more paper than you. Why play their game if you don’t have to?

7. DON’T FIGHT UNNECESSARY BATTLES. Your resources are limited.

If opposing counsel wants extra time to respond to a discovery request, give it to them, even though you responded to their requests on time. The court will grant their request anyhow, and your objection will make you look petty and diminish your credibility.

8. ADAPT. I once litigated a trade secret case that had become hopelessly bogged down in a battle over source code. We finally asked the court to allow us to drop our trade secret claim and decided to move forward only on our breach of contract and interference with contract claims, thus making the source code issues irrelevant. We won a $4.2 million judgment.

9. USE PINPOINT ATTACKS. Large firms often include as many causes of action as possible when representing plaintiffs, and they always include dozens of boilerplate defenses in their answers when representing defendants. I can’t count the number of times I’ve seen defense lawyers plead contributory negligence in a breach of contract case. The shotgun approach is their equivalent of American aerial bombardment during Vietnam.

If you have the resources, you can launch dozens of B-52s and drop thousands of bombs. Maybe some will hit their target. No law says you must employ this approach. Doing so creates more work for you and diminishes your credibility. Keep it simple.

Focus like a laser on the strong claims and defenses.

November 2016 I The Docket 13

10. BE PATIENT AND PERSISTENT. The Viet Cong simply outlasted the Americans. If you are still standing when the court has ruled on your opponent’s dozens of motions, you have the advantage because you know jungle warfare and they don’t. Many “litigators” have filed hundreds of motions for summary judgment but seldom tried a case to a jury. There is a difference between “litigators” and “trial lawyers.” Large firms have the resources to be great litigators. They recruit smart people, but often these highly intelligent lawyers don’t know how to communicate with the average folks likely to be called for jury duty. Think like a trial lawyer. The jurors will like you because you’re going to keep it simple and get right to the point every time you speak.

11. SIZE DOESN’T MATTER. The Viet Cong were not intimidated when they saw America’s awesome arsenal. When you arrive at the courtroom on the morning of trial and look across the room, you will see a multitude of lawyers and paralegals and God knows how many boxes filled with paper. It looks impressive, but it can’t destroy you if the facts and law are on your side.

The jurors will look at that spectacle and then look at you sitting quietly by yourself with your slim three-ring binder and legal pad. Who do you think they will be rooting for?

purpose is not to encourage litigators to adopt such tactics but rather to inspire solo lawyers and small firms and help them see how they can prevail over an opponent with far greater resources. Finally, I do not intend to denigrate the Vietnamese people or those who fought on any side in that war. D Mark Cohen has practiced law for 33 years.

He earned his J.D. at CU Boulder and an LL.M. (Agricultural and Food Law) at the University of Arkansas, where he also taught advanced legal writing. His practice emphasizes contracts and business litigation. An advocate for plain English, he enjoys helping lawyers and organizations improve legal documents by translating them from Legalese into plain English. He is also a former chairperson of The Colorado Lawyer’s Advisory Board, and his many publications include “How to Draft a Bad Contract,” published in the August 2015 issue of The Colorado Lawyer. He can be reached at mark@cohenslaw.com.

CLOSING THOUGHTS Obviously, litigation differs from war. The Code of Professional Responsibility prohibits some Viet Cong tactics, such as deception. Some Viet Cong tactics were morally reprehensible, and many would argue some U.S. tactics were as well. My

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DBA MEMBER HIGHLIGHT 10 QUESTIONS: JAMIE H. HUBBARD 5. How did you get involved in Colorado Lawyers for Colorado Veterans?

Helping veterans is a no-brainer for me. I was a brand-new lawyer when I met and married my husband, who was an activeduty soldier. We survived his 15-month deployment to Iraq and transition to civilian life but not without hurdles and hardships (including a battle with the VA over disability benefits). I’m intimately familiar with many of the struggles our veterans face and strongly believe that, as a society, we collectively bear the burden of helping veterans with the multitude of issues they face.

6. What is your biggest pet peeve?

Flaky people.

7. If there were 25 hours in a day, how would you spend the extra hour?

Reading the Harry Potter books with my daughter. Or sleeping.

8. If you could change anything about Denver, what would it be?

This city could really use more beards and man-buns.

9. If you could be a superhero, who would you be and why?

Is there a superhero with teleportation powers? Or do I have to settle for Dorothy from The Wizard of Oz? I love the idea of clicking my heels and being at home.

1. Why did you become a lawyer?

Because my liver would not have survived if I continued in my chosen profession of bartending. And I like intellectual challenges.

2. What’s the best advice you’ve ever been given?

Listen to your instincts and don’t be afraid to leap before looking.

3. What have been some of the most rewarding aspects of your career?

I worked on great cases in the federal courts that tackled cuttingedge issues, which I loved. But since I’ve been back in private practice for the last two years, most of my clients have been individuals. Working to help real people solve their real-world problems has been more rewarding than anything I achieved earlier in my career.

10. If you weren’t a lawyer, you’d be: A color commentator for college basketball. (Go Jayhawks!) D

More about you: Hometown: Overland Park, Kansas Lives in: Denver, Colorado (West Wash Park) Lives with: My husband, daughter, dog, four rabbits and 20+ fish. And possibly a hamster, but she escaped a few months ago and hasn’t been seen since.

Works at: Haddon, Morgan and Foreman, P.C. Practices in: Trial work — both civil and criminal.

Law School: Northwestern University School of Law

EDITOR’S NOTE: Do you know a DBA member who should be featured? Email nominations to Jessica Volz at jvolz@cobar.org.

4. What sparked your passion for volunteerism?

The free cookies. They always have the best cookies at volunteer events.

November 2016 I The Docket 15

IDENTIFYING ETHICAL ISSUES IN

REPRESENTING COMBAT VETERANS WITH PTSD

BY B RO O K E MEYER

I

f you practice in criminal law or family law, chances are you have had a client with posttraumatic stress disorder (PTSD). Attorneys must be aware of ethical obligations and communications-related issues that may arise when representing a client with PTSD or related trauma disorders. A basic understanding of PTSD and knowledge of available programs for affected clients will allow attorneys to represent this growing population in an effective manner.

16 The Docket I November 2016

The U.S. Department of Veterans Affairs defines PTSD as “a mental health condition that develops after directly experiencing or indirectly witnessing a violent or accidental life-threatening event.’ The body’s natural response to traumatic events varies and can include insomnia, anxiety, irritability or involuntary intrusive recall (nightmares and “flashbacks”). The persistence of these responses can lead to feelings of alienation, diminished interest and ultimately a diagnosis of PTSD.

While terrorist acts, auto accidents and domestic abuse are common events associated with PTSD in the United States, the repetitive exposure to combat trauma that war veterans endure places them at high risk for developing PTSD. Dr. Calvin Neptune III, a retired psychotherapist who treated combat veterans at the VA Hospital in Denver for more than 30 years, describes the rise of a new standard: “[During Vietnam] most combat soldiers fought during one tour and then came home.

Now, with perpetual warfare in Iraq and Afghanistan, soldiers are taking five and six tours within war zones.” Combat veterans are repeatedly exposed to shocking and dangerous events and are then expected to maintain a semblance of normalcy and fit in when they return home. Dr. Neptune says that the U.S. Army teaches soldiers how to be professional combatants but not how to cope with the stresses of combat after their tours are complete.

“When returning home, combat veterans may develop anger, aggression, impulsivity and trust issues with authority,” says Dr. Neptune. They often seek to extricate themselves from symptoms caused by trauma. Alcohol and other substances may initially provide escape, but the solution is a temporary one that has often led to domestic conflict and criminal matters.

The Colorado Rules of Professional Conduct (Colo. R.P.C.)

“AS LONG AS ATTORNEYS PRACTICE CRIMINAL AND FAMILY LAW, THEY WILL SERVE CLIENTS WITH PTSD.” Rule 1.2 requires that attorneys abide by a client’s decisions concerning the objectives of representation. The objective could be a divorce or a not-guilty verdict. An attorney is required to “explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation” (Colo. R.P.C. 1.4(b)). In criminal matters, it is ultimately the client’s decision, after consultation with the lawyer, whether to enter a plea, waive jury trial and testify.

Attorneys should first be aware of a client’s military service history and have at least some knowledge of what it means to be diagnosed with PTSD. They should, at a minimum, be familiar with common symptoms and behaviors so that they can tailor their counseling and effectively communicate with clients who have experienced trauma.

If an attorney suspects or knows that a client suffers from PTSD, it may be clear why she makes decisions that are contrary to her best interests. Avoidance, guilt and self-abuse are also common among PTSD victims. During representation, an attorney may need to counsel PTSD victims out of settlement offers that are self-defeating and identify and mitigate self-destructive behaviors when the client is engaged in the legal process, such as the client not showing up for court appearances. Attorneys who can identify PTSD as driving client conduct can successfully

implement alternative communication methods to counsel the client in the legal decision-making process. Identifying the presence of distorted thoughts and behavior resulting from PTSD can help shape the best approach to communicating objectives, prioritizing issues and developing options in order to identify a positive result for the client.

Alternative venues may also provide solutions for veterans suffering from PTSD. One answer, at least in criminal matters, is Veterans Treatment Court (VTC). Judge Bonnie McLean oversees the problem-solving courts in Arapahoe County Combined Courts, including the VTC. Judge McLean says that the veterans in the VTC have already entered a plea before they come into the program. Men and women veterans in this court have been convicted of both misdemeanors and felonies. Judge McLean says many of the veterans have been convicted of DUIs. The attorneys involved in the VTC have been through specialized national training concerning mental health issues and substance abuse associated with PTSD. The court also works with the VA and individual providers (when a veteran has been dishonorably discharged) for trauma treatment. Diagnosis and treatment for PTSD is a large part of this program, which combines the efforts of prosecutors, defense attorneys and mental health professionals. Judge McLean says that the VTC is on track this year for a 95 percent graduation rate, making it the most successful problem-solving court she oversees in Arapahoe County.

The VTC offers important lessons for attorneys representing combat veterans in both civil and criminal venues. By requiring judges, prosecutors and defense attorneys to become educated about psychological aspects and interventions tailored to PTSD and trauma, these programs confirm the need for education and the adoption of a specialized approach in cases involving PTSD. As long as attorneys practice criminal and family law, they will serve clients with PTSD. Attorneys should seek education and training on PTSD in order to communicate with clients effectively and achieve client objectives. For more information about PTSD, visit ptsd.va.gov. D Brooke Meyer is an associate at Fisher & Associates, P.C., where she practices in the areas of employment law on behalf of employees, family law and attorney discipline defense. She is a former Assistant Regulation Counsel at the Colorado Office of Attorney Regulation Counsel and former Assistant Attorney General, Litigation Section, at the Colorado Attorney General’s Office. She can be reached at bmeyer@yourcoloradolawyers.com.

November 2016 I The Docket 17

BE A PART OF SOMETHING

B GGER PLEASE JOIN US

at the Denver Bar Association’s Fall Kickoff Event

Thursday, Nov. 17

5:30–7:30 p.m.

The EDGE Four Seasons, 1111 14th St., Denver Get to know new and tenured Bar Stars and discover the many benefits that the DBA has to offer! This complimentary networking event for current and prospective members features fabulous door prizes, free drinks and a sumptuous array of hors d’oeuvres.

RSVP by emailing lunches@cobar.org or call 303-860-1115, ext. 727.

i Belong 18 The Docket I November 2016

SEAT AT THE BAR: THE DENVER COLORADO LAWYERS FOR COLORADO VETERANS CLINIC IS BUSY! A Message from CLCV Chair Doug Tumminello

U.S. Senator Michael Bennet, right, talks with U.S. Army veteran Jimmy Lewis, left, during his visit to the legal clinic.

It is estimated that veterans make up one third of the adult homeless population. A considerable number of veterans are in need of legal help but are unable to afford attorneys. The monthly Colorado Lawyers for Colorado Veterans (CLCV) clinic offers a rewarding way to serve the men and women who so faithfully served our country. The veterans who use the clinic’s services have a myriad of legal needs concerning family law matters, housing issues, criminal matters, debt collections and more. Most of all, they need to consult with someone who can provide practical advice on how to address the issues confronting them. If the matter can’t be resolved at the clinic, we work to place it with attorneys who will work directly with the veteran on a pro bono or means-based basis. The clinic is always in need of volunteer attorneys. Given the volume of veterans we see, we are asking for your help in this important effort.

CLCV offers free legal clinics for veterans across Colorado.

The program has assigned more than 300 pro bono veteran cases to volunteer attorneys. For more information and to volunteer, email CLCV@cobar.org. D

Summary of CLCV Cases: Benefits

105

27.2%

Civil Rights

50

13.0%

Credit/Bankruptcy

39

10.1%

Miscellaneous

24

6.2%

Criminal

78

20.2%

Employment

21

5.4%

Property

34

8.8%

Housing

64

16.6%

Family Law

116

30.1%

Driver’s License

24

6.2%

Doug Tumminello is a partner at Lewis Roca Rothgerber Christie and the chair of CLCV. His practice focuses on complex business, business tort and intellectual property litigation. Tumminello is also an extreme adventurer who has summited Mt. Everest and set world records for rowing a row boat 3,600 miles across the Indian Ocean from Australia to Mauritius.

He can be reached at dtumminello@lrrlaw.com.

November 2016 I The Docket 19

AN ENCOUNTER WITH JUSTICE SOTOMAYOR FROM TWO PERSPECTIVES

Rocha and Austin.

THROUGH THE EYES OF KARINA ROCHA On September 1, 2016, my friend Melissa Austin and I had the opportunity to attend Justice Sotomayor’s VIP event in Denver. This event was limited to 100 people, and we were fortunate that CBA President Patricia Jarzobski asked us to attend in her place. The first thing that came to my mind was the thrill of meeting the first-ever Latina justice! Being a Latina myself, I couldn’t wait to hear Justice Sotomayor speak of her accomplishments and how she was able to rise 20 The Docket I November 2016

to her current position.

I felt proud to have the chance to be there to see a Latina who shows other Latinas that they can accomplish their dreams. At the start of the event, I did not know much about Justice Sotomayor. She has now become one of my role models.

Justice Sotomayor spoke of her family and how she managed to get through obstacles, one of which was being opposed by others to take the seat

on the Supreme Court. She talked about dealing with the fact that people would make hurtful comments in public, but she was unstoppable. I liked that she talked about her roots. She mentioned very personal matters, including how she grew up without a father and how she struggled in college. She put in extra time to meet with professors so that she could improve her writing; she did not want to graduate without knowing how to write well. This really seemed important to me. Now that I am in law school, Justice Sotomayor has inspired to me to ask for more help when I need it.

What was unique about her talk was that she walked around the event center to take questions from students.

Melissa and I had our hands up, but we weren’t chosen. However, for the rest of the students, the justice gave them in-depth answers. Some of the students were part of the Deferred Action for Childhood Arrivals program, which helps undocumented students continue their education in the United States. It made me happy that the students who want to educate themselves are having the opportunity to do so, and were being active in their community by coming to see Justice Sotomayor speak.

After the talk, the VIP section had the opportunity to go upstairs to attend a small reception with Justice Sotomayor. Melissa and I waited anxiously to shake Justice Sotomayor’s hand. The justice had a long line of individuals waiting to speak with her. She only spent a minute or two talking to each person. All that went through my mind was that we were about to meet one of the Supreme Court justices. It wasn’t until I was waiting in line that I realized how this was a once-in-a-lifetime opportunity. I kept telling Melissa over and over what we were going to say to the justice so that we wouldn’t embarrass ourselves.

We finally came face-to-face with Justice Sotomayor. She shook our hands and asked us where we were from. It seemed that Melissa and I were the only students in the VIP section. We explained that CBA President Patricia

Jarzobski had given us tickets. We told her that we were both first-generation students and that we were so inspired by her. Justice Sotomayor had a group of marshals guarding her at all times, and they strictly prohibited any photography, so we were unable to get a picture with her. However, the memory will be everlasting.

The next day, Melissa and I volunteered at the CU Boulder lecture with Justice Sotomayor, and, to our surprise, she remembered us from the previous night. We felt special that someone so busy actually remembered who we were.

It was truly an honor to have had this opportunity, and we are very grateful to Patricia Jarzobski.

K a r in a R o cha i s a second-year law student at the University of Colorado Law School and plans to pursue a career in criminal indigent defense after graduation. She is co-president of the Latino Law Students Association and can be reached at karina. rocha@colorado.edu.

Hearing stories about her law school challenges was particularly meaningful for me, as my first year of law school has not been without its difficulties. During particularly low points in my first year, I questioned whether I should continue.

Knowing that one of the most highly esteemed lawyers in the country had faced some of the same struggles has inspired me to confront and learn from challenges to become a better student and, in time, a successful attorney.

After her conversation, Justice Sotomayor took questions from the audience.

Eventually, Karina and I came up with a question, and somehow I was the one obliged to ask it. As I raised my hand, I felt my nerves rise exponentially and fought hard to remember what it was I wanted to ask. Unfortunately, we took a bit too long in deciding what question to ask, and the event wrapped up without me having a chance to ask her my question.

Even though we missed out on that chance, we knew we still had the VIP reception to look forward to. As we waited in line to meet the justice, Karina and I rehearsed what we would say to her. As we got closer, I started to get nervous again and worried that I would trip over my words, or not be able to form any words at all. Once we made it to her, she asked us where we were from. We told her our names, that the CBA president had invited us and that that we both attend CU Law. She shook our hands and thanked us for coming. Even though

we didn’t get a chance to say more than introductions, it was wonderful to meet such an inspirational woman.

The next day, Karina and I volunteered to help set up a speaking event that the justice was attending at CU. While she was speaking to high school students, she noticed me with a group of volunteers and singled me out, saying, “I met you last night, right?” All I could do was nod and smile. It felt incredible knowing that she remembered meeting me.

Hearing Justice Sotomayor speak and share her experiences, wisdom and inspirational words was beyond thrilling.

This was a once-in-a-lifetime experience that I will never forget. D

THROUGH THE EYES OF MELISSA AUSTIN My meeting with Justice Sotomayor started with a fateful email from CBA President Patricia Jarzobski. As firstyear law students, my classmate Karina Rocha and I had the pleasure of meeting her at the Regional Black Law Students Association Convention, and we’d kept in touch with her ever since. She emailed Karina and me, asking if we would like to attend a talk by Justice Sotomayor and a VIP reception. I couldn’t believe what I was reading; I re-read the email at least 800 hundred times. After my initial shock wore off, Karina and I immediately responded to Ms. Jarzobski, telling her that we would be honored to go to the event and thanking her for her generosity.

Fast-forward to the big day. Classes felt like they would never end, but I quickly found myself exchanging my casual school clothes for slacks and a suit jacket before heading to Denver for the event. Once inside, Karina and I found great seats that were close to the stage.

The conversation lasted for about an hour, and during that time, I found myself inspired, uplifted and motivated — not just to pursue my career goals, but my life goals as well. Hearing her discuss her life as a child, her struggles and accomplishments as a law student, a judge and eventually as a justice, was poignant and touching. As a woman of color, it was all the more powerful hearing the first Hispanic justice talk about her struggles and the adversity that she faced throughout her inspiring career.

Melissa Austin is a second-year law student at the University of Colorado Law School. She is currently the vice president of CU Law’s Black Law Students Association and can be reached at melissa.austin@ colorado.edu.

November 2016 I The Docket 21

MOVING BEYOND “THANK YOU FOR YOUR SERVICE”

Karthik Venkatraj.

CU law students Karthik Venkatraj and Eric Hapner posing before a mission.

B y K art hik Venkat r a j Our nation continues to experience a groundswell of support for our veterans — a welcome change from the horrific treatment of our Vietnam-era veterans — but we still have much work to do. As a nation, we have to move beyond “thank you for your service” to a deep scrutiny of the issues impacting our veterans in order for our veterans to transition successfully.

We have to tap into the energy, ingenuity, intelligence, determination and dedication that have defined our armed forces over the past 10 years. We have soldiers, airmen, marines and sailors who can negotiate and work with different cultures as easily as conduct combat operations. These men and women have built a legacy of excellence overseas in the midst of complex and difficult tensions. That is why I am convinced that the thousands of transitioning post-9/11 veterans — many of whom are using the GI Bill like our WWII veterans did decades before — will be the next greatest generation. So, I challenge my fellow Americans to think about how we are going to be a part of this narrative at a time when our nation is at a crossroads. It is a time where we can easily slip into a secondary role or continue to be the leader of the free world. I truly believe that part of this answer lies in our transitioning veterans. These men and women have already been our ambassadors of leadership overseas. What, then, can we do to transition veterans?

In mid-September, Student Veterans of America hosted a leadership summit in Phoenix for student veterans in the 22 The Docket I November 2016

region. Bank of America sponsored the entire summit and hosted us in their Phoenix office. Through leadership seminars and business plan development, we were all given insight into bettering our marketability and furthering our transition. Bank of America flew in their director of military affairs, as well as a panel of recruiters, to answer our questions about transitioning and career opportunities. After our business plan seminar, we were paired with Bank of America leaders to construct a business plan for our respective veterans organizations in order to apply for grant money. Bank of America’s enduring message was its commitment to hiring veterans and helping us transition to civilian jobs. Most powerful of all, Bank of America brought in several veteran speakers, many with narratives that we share, to speak about their transition. Most of these veterans were members of the Military Support and Assistance Group (MSAG) within Bank of America. The summit ended with a financial literacy session for veterans. This entire experience shows that there are institutions that are taking the lead on helping veterans transition.

As thousands of veterans continue to transition, we must ask ourselves how we are assisting with this process. It does not necessarily require someone in a highly specialized role; it can be something as simple as being a mentor or getting involved with a nonprofit. I believe our nation’s future is bright because of these post-9/11 veterans, and I challenge us to be there for them as they were for us. As leaders of the legal profession in a state that boasts one of the largest veteran populations, we need to be at the forefront of this movement. D

Karthik Venkatraj is a captain in the Colorado Army National Guard and completed a combat tour in Iraq in support of Operation Inherent Resolve, our nation’s war against ISIS. He is the president of CU Law’s Student Bar Association. He previously served as a past president of the Military Law Society, co-managing editor of the University of Colorado Law Review and an executive editor on the Harvard Journal on Law and Public Policy. He can be reached at kave7403@colorado.edu.

RIDING WITH THE WHEELS OF JUSTICE IN THE 27TH COURAGE CLASSIC

By J e rry B owman I participated in the 27th Courage Classic bicycle tour to benefit the Children’s Hospital Center for Cancer and Blood Disorders. The two-day 157-mile bike ride through Summit County raises money for Children’s Hospital Colorado, an internationally-renowned facility that focuses on the treatment of children, adolescents and young adults with cancer and non-malignant blood diseases. The Courage Classic is as much a bike tour as it is a fundraiser because each rider is required to pay a $60 registration fee and raise a minimum of $500 to participate. This forces riders to become personally invested in the event and fully represent the cause.

I first learned of the Courage Classic in February when the bar association co-hosted an event with CLE International on World Cancer Day. Kim Rackley of CLE International spearheaded the event, which attracted approximately 40 guests, including Children’s Hospital Colorado supporters, Wheels of Justice team members and those interested in learning more about the ride. At the event, Mrs. Rackley’s teenage son, Kai, courageously spoke about his experiences as a two-time Leukemia survivor and bone marrow transplant recipient. The event was so inspirational that I was motivated to join the Wheels of Justice team.

November 2016 I The Docket 23

2016 Wheels of Justice Team.

The Wheels of Justice is the largest cycling team to ride annually in the Courage Classic. In 2005, with the support of the Colorado and Denver Bar Associations, Heather Purcell and Aaron Bradford formed a team of attorneys to participate in the Courage Classic. The underlying goal was to be the top fundraising team each year. In its first three years, the Wheels of Justice raised more than $500,000 for Children’s Hospital Colorado.

Since then, the Wheels of Justice has raised more than 2.6 million dollars. In 2016, the team raised $345,000 with 238 riders from various law firms, corporations and nonprofit organizations.

I was excited to join such an amazingly successful team. I was also nervous, as I previously only cycled as a means of transportation. Aside from the single-speed bike I use to loll around town from time to time, I did not own a road-worthy bike. In fact, I had never even been on a road bike prior to my decision to join the Wheels of Justice. I was not concerned about my inexperience, however, because the riders on the team raved about the natural conditioning that resulted from group rides.

I then started researching road bikes to purchase. As I narrowed my search, unfortunately, the unthinkable occurred: I tore my MCL while snowboarding in the slushy spring conditions at Arapahoe Basin. I was completely out of commission and physically unable to start any sort of training regimen until June 2016. One month before the start of the race, I started to feel like I would be able to ride. I spent approximately two weeks doing everything I could to prepare. I engaged in a handful of hilariously awkward conversations with cyclists about road biking. I rode a stationary bike a half dozen times in an attempt to bolster my endurance. I even watched short videos of bicycle races to learn about cycling etiquette.

24 The Docket I November 2016

Leading up to the Courage Classic, I had attended many events sponsored by the Wheels of Justice and had raised the funds necessary to participate. I felt fully committed to the cause. As I had not purchased a road bike because of my injury, I was forced to rent a road bicycle from a bike shop in Denver and drove to Summit County.

I will never forget the excitement I felt while sitting on my rented bicycle in the back of a sea of brightly-colored sleek fabrics and elegant customized bicycles. I did not have a pair of spandex shorts, so I simply wore gym shorts. It did not take long for me to learn why that was a mistake. I rode for seven hours without any padding as security and protection.

When the Courage Classic finally began, I watched as thousands of cycling enthusiasts made their way through the floodgates with unfettered human power. As my training was severely limited, I was not in a rush. The first few miles were the most enjoyable. As I twisted and turned away from Copper Mountain through Vail Pass, I reveled in the beauty that surrounded me. I rode on quiet country roads with other cyclists sailing on the pavement in silence. I felt a sense of joy as I caught sun-splashed glimpses of the most amazing landscape in Colorado. It was a true feast for the senses.

The first 10 miles of the Courage Classic were rather subdued because they were mostly downhill. At the time, I hadn’t even considered the uphill return to Copper Mountain. Out of sheer stubbornness and an innate desire to compete, I pushed hard to overcome every cyclist in front of me. I found myself burning huge amounts of energy in the process. As soon as I reached Vail Mountain, I decided not to take a break but to continue on with my journey.

The ride back from Vail Mountain brought with it a tough

lesson in pain and pacing. I caught myself attempting, once again, to surpass other riders, but, unfortunately, the lack of training started to take a toll on my body. No matter how hard I peddled, the groups of riders stayed the same distance or created even more distance as I dangled in the background, expending all of my energy. I did not have the legs or lungs to properly pace the ensuing 11-mile climb to the top of Vail Pass. I spent the second part of the Courage Classic feeling a combination of nausea, dizziness, shortness of breath and burning limbs.

The return to Copper Mountain proved to be extremely challenging. It was the most aggressive cycling I had ever experienced. About halfway through the second leg, I heard someone shout “crash” right around a sharp turn on a narrow road. Suddenly, the line in front of me parted, and I could see the bodies of several riders on the ground right in front of me. They must have gotten tangled up. Without thinking, I instinctively hit the brakes and came to a complete stop. I regretted that decision as I tried, but failed, to rebuild momentum.

I cannot remember how long the uphill climb took, but it sure seemed like a lifetime. I enjoyed the downhill aspect of the race but found myself crawling uphill en route to Copper Mountain. I heard many other sentiments from other cyclists, such as “hold your line,” “slowing,” “on the right” and “on the left.”

I even met several cyclists while riding. One gentleman rode alongside me for a few miles. He was on an older bicycle. After sparking up a conversation, I learned this was his first race as well. He seemed to be handling it just fine. His confidence made me want to push through the pain.

After making it back to the peak of Vail Pass, the last three miles were a breeze. There were signs that informed riders of the distance that remained. When I reached the final mile, the only thing I could think of was finishing the race. A few minutes later, as I reached the finish line, my body shut down. Not surprisingly, I could not compete in the second day of the Courage Classic. I was simply too worn out.

For those thinking about joining the Wheels of Justice next year, I will tell you the most important things that I learned.

First, you have to remember this is not about winning. You win through participation. The Courage Classic is about charity. It is about becoming a hero to those who need a champion in their lives. By joining the Wheels of Justice and riding in the Courage Classic, you prove one person can make a difference. Through commitment, passion, and a willingness to fight for something bigger than the individual, your efforts produce positive change in our society. It is a lesson we should all take to heart.

Second, it does not matter if you are a beginner or an experienced rider. Do not make excuses. Join the Wheels of Justice team and start training with like-minded, similarly-situated Colorado-based professionals. If you want to start sooner, investigate local group rides. Oftentimes, bicycle shop rides and club rides offer groups for riders of differing levels. When I start training for next year, I plan on finding a beginner group with a leader that can help with skills and endurance.

The Wheels of Justice has contributed a significant amount of money toward treating and researching cancer, as well as supporting patients suffering from cancer. Through the Wheels of Justice, we all can join in on a unique opportunity to facilitate

collaboration with groups of donors and nonprofits that are trying to do more. The Wheels of Justice has contributed vital funds for the doctors, nurses and families at Children’s Hospital Colorado.

“... you have to remember this is not about winning. You win through participation. “

Overall, my experience in the Courage Classic was inspiring. The thousands of other participants made me feel welcome and supported. The volunteers were encouraging, providing high-fives to people they did not even know. There was an amazing sense of community. I was so proud to participate in such a life-promoting event. In 2017, I plan on training to ride a complete race. If you have any other questions, shoot me an email at bowman@copihelp.com or go to wheelsofjusticecycling.org. D

Jerry Bowman is a personal injury attorney at Bowman & Chamberlain, LLC. He is highly involved in the CBA YLD and Small Solo Firm Section and was recently invited to serve as a committee member chair of the Colorado Trial Lawyers Association.

November 2016 I The Docket 25

LAW STUDENT CHRONICLES: HOOPS AND LADDERS

By C aitlin S to ve r As I walk in, my heart is racing. Over and over again, I remind myself of the early mornings, the late nights, the exhaustion. I remember the dreams, the fears and the passion behind today.

In my anxious state, the doubts creep in. Do I belong here?

Looking around, I see that talent surrounds me: It hangs in the air as a palpable reminder of the hours and hours of preparation that these individuals have put in. I picture the blood, the sweat, the tears and the sacrifices that have been made to be here today.

“Do I belong here?” I ask myself.

Taking a deep breath, I smile. Of course I belong here. I worked harder than I ever thought possible, day in and day out, to be sure there would be no doubt of that.

Comforted by the presence of those beside me, I embrace the strength of my team — my community. We have struggled together and grown together. We belong here.

Shaking off the anxiety, I begin to relax and refocus as the familiar flood of adrenaline arrives: It’s game time.

26 The Docket I November 2016

I imagine that walking into finals at the end of the semester will feel a lot like the situation I just described, one which, as a former collegiate athlete, I am very familiar with.

Sitting here in the law library, feelings of disbelief are setting in. Exactly one year ago today, law school and a career in the legal profession first crossed my mind. At the time, I was three years into a career in the investment industry and longing to fill a void left by a (fairly) recent breakup with basketball. Searching for a challenge that would give me purpose, provide me with a sense of community and push me out of my comfort zone as basketball had done for so many years, I found my answer here within the halls of Colorado Law. While I knew this path would be a rewarding and challenging new chapter, I wasn’t prepared for how much it would mirror the best parts of being an athlete. Allow me to explain.

My first year of college basketball was humbling. I was no longer the best player every time I stepped on the court; to my

chagrin, sometimes I wasn’t even the best player on the bench.

My lack of agility and athleticism often meant I was a liability on defense.

Surrounded by talent that far surpassed my own, I decided that I would do nothing during the offseason but get better, faster and stronger. My teammates’ abilities inspired me to push past my own barriers and, returning to the start of my sophomore year of college, I broke every single conditioning record the team had. Later, I was awarded “Most Valuable Defensive Player,” an honor given to the quickest, most aggressive defensive player. With nothing more than determination and a community of motivated individuals, I transformed from a liability into the best defender on the court.

My experience at law school feels a lot like that first year of college basketball: I am surrounded by individuals who are smarter, sharper and more accomplished than myself. Once again, I am humbled by peers with talents that far surpass my own.

There aren’t words to adequately express how much this realization excites me. If my time as a student–athlete taught me nothing else, I learned the value of being part of something larger — and better — than myself.

Surrounding ourselves with competitive, motivated and highly capable individuals in a common environment has an astounding effect: We inspire each other to work harder, persevere longer and push farther than we would ever think possible individually. Together, we raise the bar for ourselves and for each other.

I have found that type of environment here at Colorado Law. Above all else, the sense of community and camaraderie celebrated within these walls tells me I have found my new team.

Practice and preparation will undoubtedly fill our weeks and months ahead, and I look forward to sharing the experience with my classmates. Hopefully, by the end of this crazy ride they call “1L,” we will have also won some games. D Caitlin Stover is a 1L at the University of Colorado Law School and can be reached at caitlin.stover@colorado.edu.

DENVER LITIGATORS

www.ColMediators.org November 2016 I The Docket 27

CBA-CLE Calendar

Nov. 2016

REGISTER ONLINE OR CALL TODAY!

November 1, 2016 M&A Monthly Breakfast CLE Program Submitted for 1 General CLE credit

LIVE EVENTS AND LIVE WEBCASTS

November 1, 2016 Trust & Estate Monthly Luncheon CLE Program Submitted for 1 General CLE credit November 2, 2016 Pretrial Discovery and Depositions – Part One of a Powerful 6-Part Litigation Series!

Submitted for 3 General CLE credits November 3, 2016 Criminal Law Fall Update 2016 – Juvenile Jurisprudence Submitted for 7 General CLE credits, including 1 ethics November 4, 2016 Winning at Trial Submitted for 7 General CLE credits November 4, 2016 Workers’ Compensation Fall Update - 2016 Submitted for 6 General CLE credits, including 1 ethics November 8, 2016 International Transactions Subsection International Bankruptcy Proceedings: Transnational Insolvency and Chapter 15 Submitted for 1 General CLE credit November 10, 2016 Employment Law Fall Update: Key Strategies for Your Practice Submitted for 6 General CLE credits, including 1 ethics

November 11, 2016 10th Annual Colorado ADR Conference Submitted for 7 General CLE credits, including 1.5 ethics November 14, 2016 Solo Small Firm Monthly Luncheon CLE Program Submitted for 1 General CLE credit November 16, 2016 Financial Institutions Monthly Luncheon CLE Program Submitted for 1 General CLE credit November 15 or 16, 2016 Ethics Revue at Lannie's Clocktower Cabaret 2016 Submitted for 3 General CLE credits, including 3 ethics November 16, 2016 Social Security Disability - Advanced Practice Submitted for 8 General CLE credits November 18, 2016 2016 Ethics 7.0 Submitted for 7 General CLE credits, including 7 ethics November 20, 2016 Appellate Practice Ralph L. Carr Judicial Center, Denver, CO CLE credits TBD November 30, 2016 Preserving Electronically Stored Information, Defending Depositions and Discovery Disputes – Part Two of a Powerful 6-Part Litigation Series!

Submitted for 3 General CLE credits

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

November 3, 2016 The Life Cycle of a Commercial Real Estate Development - Real Estate Fall Update 2016 Submitted for 7 General CLE credits November 4, 2016 Rural Land Transactions: Contract Issues Submitted for 4 General CLE credits November 10, 2016 DUI and DUID: Advanced Practice Submitted for 7 General CLE credits November 17, 2016 Hot Topics in Commercial General Liability Insurance Coverage Submitted for 6 General CLE credits, including .5 ethics

VIDEO REPLAYS November 18, 2016 Continuing Issues in Family Law Submitted for 6 General CLE credits November 30, 2016 Advertising Law 2016 - What Advertisers and the Lawyers Who Advise Them Need to Know Submitted for 7 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

Colorado Bar Association

Colorado Bar Association CLE www.cba-cle.org CLE 28 The Docket I November 2016 1900 Grant St., Suite 300, Denver, CO 80203-4303

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

Order Now MANAGING EDITOR James G. Benjamin

COLORADO REAL ESTATE FORMS DESKBOOK, SECOND EDITION

Colorado Real Estate Forms Deskbook, a comprehensive guide to commonly used forms for real estate transactions, is a new addition to the Colorado Bar Association CLE real estate library. Previously issued

by Bradford Publishing, this book is authored by some of Colorado’s foremost authorities on real estate law, each individually selected by Jim Benjamin, the book’s managing editor based on their expertise in the particular subject matter to which their chapters pertain. The dedication and thoroughness of the authors have ensured that the Deskbook covers the legal issues that Colorado real estate attorneys deal with daily.

The Deskbook contains several of the Colorado Real Estate Commission forms, as well as forms that are available from the Colorado Bar Association CLE Bradforms library. The authors have dedicated a great deal of time ensuring that the forms are

Item Number: ZCREFB16B CBA Member Price: $199 Non-Member Price: $219

explained with comprehensive commentary and Notes on Use for each form. Chapters are written not just as a “fill in the blank” guide for a form, but with the intent to

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areas related to a particular chapter.

CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531

Even if a form isn’t used from a chapter, the content of the chapter is incredibly useful in understanding the real estate

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topic presented.

The majority of the forms are provided in Microsoft Word and PDF formats.

1900 Grant Street, Suite 300, Denver, CO 80203 www.cba-cle.org

November 2016 I The Docket 29

Bar RESOURCES The DBA Waterman Fund Financial assistance for Colorado lawyers. The DBA Waterman Fund provides financial assistance for “aged, infirm or otherwise incapacitated lawyers who have practiced in Colorado for a minimum of ten years.” The Fund’s address is 1900 Grant St., Ste. 900, Denver, CO 80203. Phone: 303-824-5319.

Fax: 303-861-5274.

Troubled by Rude and Unprofessional Attorneys?

The DBA Peer Professionalism Assistance Committee The following lawyers are willing to take calls on a confidential basis, offering guidance, tips and strategies for dealing with opposing counsel: Helen Shreves: 303-777-7833 Karen Pearson: 720-874-8615

BRIEFS Diverse Judges Reception — Thursday, Nov. 3 The Colorado legal community would like to invite you to the Diverse Judges Reception at the Ralph L. Carr Colorado Judicial Center on Thursday, Nov. 3 at 5:30 p.m.

Sam Cary Scholarship Endowment Fund Gala — Saturday, Nov. 5 The Sam Cary Bar Association will host its annual gala on November 5 at the Denver Athletic Club. For more information on the event and tickets, visit samcaryscholarship.com.

Court Orientation — Thursday, Nov. 17 Court Orientation is a program designed to introduce new attorneys and attorneys new to the area to the nuts and bolts of practicing law in Denver and around Colorado. 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 30 The Docket I November 2016

Barry Meinster : 303-674-5977 Sponsored by the DBA Peer Professionalism Assistance Committee.

For more information, or for confidential assistance, please contact COLAP at 303-986-3345 or visit coloradolap.org.

COLAP

DBA Placement Services

The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule 254, COLAP provides assistance with practice management, work/life integration, stress/anger management, anxiety, depression, substance abuse and any career challenge that interferes with the ability to be a productive member of the legal community.COLAP provides referrals for a wide variety of personal and professional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers, and educational programs (including ethics CLEs).

As a membership service of the Denver Bar Association, the Placement Service provides law firms and legal departments of corporations with qualified applicants in positions that match their skills, abilities and expectations.

Their quality approach to cost-effective staffing has made the DBA Placement Service a favorite of the legal community since 1986. It provides temporary, temp-to-hire and full-time employment opportunities for secretaries, paralegals, receptionists, accountants, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-8940014, or email dbaps@earthlink.net.

local judges, practitioners and legal professionals. Approximately 8 CLE credits, including two ethics, will be applied for.

It will be held from 8:30 a.m. to 5 p.m. on Thursday, Nov. 19, at the Ralph L. Carr Colorado Judicial Center in the Court of Appeals courtroom. RSVP by emailing lunches@cobar.org or calling 303-8601115, ext. 727.

how to help clients set up pet trusts, write pet guardianship directives and plan for pet care in case of disability. The CLE will take place at the Denver Dumb Friends League from noon to 1 p.m. To register, call 720-241-7150 or email mgrimme@ddfl.org.

DBA Fall Kickoff Event and Barristers After Hours — Thursday, Nov. 17

The Justice and Mercy Legal Aid Clinic is holding a reception and silent auction at the Denver office of Bachus & Schanker on December 2. JAMLAC provides civil legal services to families struggling with poverty and oppression.

RSVP at jamlac.org/joyofgiving.

Please join the DBA at its new member welcome event on Thursday, Nov. 17 at the EDGE at the Four Seasons. Explore the beautiful space, get to know new and tenured bar members, and meet your DBA leadership to discover the benefits of the DBA. This is a complimentary social and networking event with free drinks and appetizer. Sign up today and bring a nonmember along to explore all that the DBA has to offer! RSVP by emailing lunches@cobar.org or call 303860-1115, ext. 727.

Estate Planning for Pet Owners — Tuesday, Nov. 29 At this one-hour seminar sponsored by the Dumb Friends League, you’ll learn

JAMLAC Joy of Giving Reception — Friday, Dec. 2

Join the Lawyers’ Basketball League 2017 The Lawyers’ Basketball League will start its 2017 season in January 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 the beginning of November. If you are interested in playing, registering, forming, or joining a team, please contact Todd Jansen at todd@toddjansenlaw.com or Rob Hooke at rhookeesq@gmail.com.

Dates on the DOCKET DBA MEETINGS

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

NOV. 2 Docket Committee Noon–1 p.m.

Call Jessica Volz, 303-824-5336 NOV. 3 Lawyers and Schools Committee Noon–1 p.m.

Call Carolyn Gravit, 303-824-5323

NOV. 9 Professionalism Coordinating Councils Noon–1 p.m.

Call Greg Martin, 303-824-5317 DBA YLD Council 6–7:30 a.m.

Call Heather Folker, 303-824-5350

NOV. 10 DBA Board of Trustees 8–9 a.m.

Call Melissa Nicoletti, 303-824-5321 NOV. 14 Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, 303-824-5323

FOR THE PUBLIC

To volunteer for the Public Legal Education programs or for more information, unless otherwise indicated, contact Carolyn Gravit at 303-8245323.

NOV. 2 Legal Night At El Centro De San Juan Diego 2830 Lawrence St. 5:30–7 p.m.

Call 303-295-9470 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

NOV. 8 Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

NOV. 9 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

NOV. 15 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.

Family Law Clinic Office of Economic Development 1200 Federal Blvd.

Room 1018 5:30–7 p.m.

Call 720-944-2594 Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m.

Call 303-573-1302

NOV. 17 Collections Clinic Denver City and County Building 1437 Bannock St. Room 164 11 a.m.–1 p.m.

NOV. 30 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

NOV. 16 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

November 2016 I The Docket 31

Legal AFFAIRS GOOD THINGS The February 2016 issue of The Docket, which featured the Super Docket insert celebrating the 50th anniversary of Metro Volunteer Lawyers, received a Luminary Award for Excellence in Special Projects from the National Association of Bar Kemp Executives. Congratulations to The Docket and to the DBA on this Oscar-like accolade!

Ireland Stapleton attorney Russell W. Kemp has been named to Community First Foundation’s Board of Directors, and he will chair the Foundation’s Governance Committee.

Family Star Montessori School recently honored DBA President Nancy Cohen at a gala celebrating its 25th anniversary.

Cohen was recognized for her years of leadership and now has a scholarship in her name.

Laraway

Gonzalez

CHANGES Elkind Alterman Harston PC is pleased to announce that Koby L. Polaski joined the firm as senior attorney.

Fowler, Schimberg, Flanagan & McLetchie, P.C., is pleased to announce that Gordon Polaski Queenan and Eden Rolland have joined the firm as associates. Their practice focuses on governmental entity, insurance, and general civil defense litigation.

Moye White LLP announced that Abigail Brown and Jake J. Queenan Tiernan have joined the firm as associates. Tiernan will be a member Brown of the real estate section and Brown has joined the trial section.

The Colorado and Denver Bar Associations welcome Raven JohnRolland son as their new Website Content Specialist in the IT Department.

Tiernan Kirch and Rounds, PC is pleased to announce that Laurence I. Gendelman has joined the firm as an Gendelman associate attorney. Gendelman’s practice will focus in the areas of estate planning, estate and trust administration, Johnson elder law, taxation and probate litigation.

Sterling LeBoeuf has joined the trial department of Davis Graham & Stubbs LLP. LeBoeuf specializes in labor and employment law.

The law firm of Sherman & Howard LLC is pleased to announce that Stefan Stein has joined the firm’s litigation, trial and appeals department.

Divorce Matters® is proud to announce that attorneys Kathlyn A. Laraway, Denise M. Gonzales and Kristi Paschall are now trained mediators. Mediation is an expansion on all three attorneys’ existing family law practices which include divorce, child custody and child support matters, post-decree disputes, maintenance arrangements, prenuptial agreements, adoptions, civil unions and common law marriages.

Higgins, Hopkins, McLain & Roswell, LLC is pleased to announce that Frank H. Ingham has joined the firm. Higgins, Hopkins, McLain & Roswell, LLC’s practice will conIngham tinue to focus on construction law and general civil litigation.

Paschall

IN MEMORIUM In memory of Chelsey Jean Hood Russell (1981–2016). Chelsey was an amazing mother, an exceptional legal talent, an extraordinary athlete, a loyal and generous friend, and left us all better for knowing her. She is, and always will be, sorely Russell missed.

Should you wish to make a contribution to the college savings accounts of her children, please make checks payable to Hayden E. Russell or Harvey D. Russell and send to the following address: Wellborne Sullivan Meck & Tooley, PC, Attn: Amy Seneshen, 1125 17th St., #2200, Denver, CO 80202.

BRICK AND MORTAR Fowler, Schimberg & Flanagan, PC is now Fowler, Schimberg, Flanagan & McLetchie, PC. Address and contact information remain the same.

Elizabeth A. Bryant and Louisa M. Ritsick are pleased to announce the formation of their new law firm, Bryant & Ritsick LLC. Constance B. Wood has joined the firm of counsel. Bryant, Wood and Ritsick will continue to practice in the areas of estate planning and estate and trust administration.

The firm’s mailing address is 1866 Vine St., Denver, CO 80206 and the main telephone number is 303-398-4000.

If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Kate Schuster at kschuster@cobar.org by the 1st day of the month.

32 The Docket I November 2016

M. KENT OLSEN visited the CANADIAN HUMAN RIGHTS MUSEUM in WINNIPEG, MANITOBA.

ROLF ASPHAUG went on a two-week backpacking trip with his son to PHILMONT SCOUT RANCH, CIMARRON, NEW MEXICO. This photo is of sunrise at the summit of the “Tooth of Time” rock formation.

Top Photo: FORMER CBA/DBA EXECUTIVE DIRECTOR CHUCK TURNER with his wife, DEBBIE, and PATRICIA FOGG in front of CASTLE DONOVAN in IRELAND. CBA/DBA PAST PRESIDENT MARK FOGG with CHUCK TURNER at the top of the WILLIAM WALLACE MONUMENT in STIRLING, SCOTLAND.

DARLENE EBERT recently visited CHINA.

November 2016 I The Docket 33

Picture THIS DOCKET ARTS AND LITERATURE CONTEST CEREMONY AND RECEPTION The Fifth Annual Docket Art Party was held at the Mike Wright Gallery on September 15. The event attracted more than 50 attendees and was celebrated in conjunction with the DBA YLD’s Barristers After Hours. DBA Past President Janet Drake applauded all attorneys who demonstrate that the law and the arts do not need to be mutually exclusive passions. Drake introduced each of the

following winners, most of whom were present: Drawing — Ryan Carnes; Painting — Andrew Carafelli; Photography — Corey Deliere; Prose — María Belén Albuja; Poetry — Ronnie Walls; People’s Choice Drawing — Mark Barnes; People’s Choice Painting — Brett Godfrey; People’s Choice Photography — Brent Johnson; College Poetry — Joni Hobbs; College Photography — Asa Cogswell;

Young Artist Drawing — Katelin Godfrey; Young Artist Prose — Richard Lyman; Young Artist Poetry — Matthew Chufong-Sprague. The evening provided an opportune setting for artistically inclined conversation that was fueled by a complementary spectrum of hors d’oeuvres.

From left: Corey Deliere, Ronnie Walls, María Belén Albuja, Matthew Chufong-Sprague, Janet Drake, Asa Cogswell, Katelin Godfrey, Brent Johnson, Mark Barnes and Richard Lyman.

PRESENTATION OF R. STERLING AMBLER AWARD On September 15, the Trust and Estate Section held a dinner at Coohills in honor of this year’s recipient of the R. Sterling Ambler Award, Eugene P. Zuspann II. Darla Daniel, the section’s current chair, presented the award for outstanding contribution to the trust and estate practice in Colorado.

The award is named after R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for more than 50 years and who gave freely of his time and expertise to the legal profession until his death in 2004 at the age of 72.

Darla Daniel presenting the R. Sterling Ambler Award to Eugene P. Zuspann II. 34 The Docket I November 2016

DBA Happenings

TWO 2016 RECIPIENTS CHOSEN FOR THE CATHY STRICKLIN KRENDL BUSINESS LAWYER LIFETIME ACHIEVEMENT AWARD In 2014, the CBA Business Law Section created the Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award in recognition of her generosity of spirit and contributions to business

law in Colorado.

This year, the Business Law Executive Council selected two outstanding recipients for 2016: John Moye, founding partner at Moye White, and John

McCabe, senior of counsel with Davis Graham and Stubbs. The awards were presented at a reception on September 15 at the 2016 Business Law Institute.

Far Left: John Moye.

Left: John McCabe.

CWBA FOUNDATION RAISES THE BAR WITH ANNUAL DINNER On September 8, 2016, the CWBA Foundation celebrated four women lawyers who “raise the bar by maintaining a significant and sustained commitment

Honorees Lucy Hojo Denson, Tamara Goodlette, Mari Newman and Christina Gomez.

to pro bono services” at its 11th annual Raising the Bar dinner held at The Brown Palace hotel. Approximately 400 individuals were in attendance. This year’s

honorees were Lucy Hojo Denson, Christina Gomez, Tamara Goodlette and Mari Newman.

Helen Shreves with Doris and Bob Truhlar.

November 2016 I The Docket 35

Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

Hon. James S. Miller

Hon. John P. Leopold

Hon. Harlan R. Bockman

Hon. William F. Downes

Collie E. Norman, Esq.

Richard P. Myers, Esq.

Hon. Norman D. Haglund

Hon. James C. Klein

Hon. Frank Dubofsky

Kenneth Bennington, Esq

Hon. Christopher C. Cross

Hon. C. Scott Crabtree

Rigorous Preparation. Creative Solutions.

Persistent Follow-Up. We work diligently every step of the way.

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254

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