2011 October

Docket The

Denver Bar Association I Vol. 33 Issue 9 I October 2011

Helping Hands

Three Volunteers Reflect on 45 Years of Metro Volunteer Lawyers

Inside Inside the ABA House of Delegates Meeting

by Troy R. Rackham

Advice to New Admittees to the Bar

by The Docket Committee

Rule Revision Lets More Students Work on Pro Bono Cases

by Matthew Foster

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303.894.9900 800.737.3436 specialcounsel.com Marya Brancio esq. executive director

Docket The

Denver Bar Association I Vol. 33 Issue 9 I October 2011

ON THE COVER 5

The Thursday Night Bar: A Journey Through the Past

8

Rule Revision Lets More Students Work on Pro Bono Cases

16

Inside the ABA House of Delegates Meeting

21

What I Wish I Knew When I Graduated Law School

FEATURES 4

From the President

6

Post-Decree Clinics Continue to Serve Families

10

The Case of the Law School Murders, Part 2

13

Who’s Who, Representing You?

14

Seniors to Roast DeMuth

15

Handling Job Loss or Work Reduction Stress

19

Task Force Aims to Protect Merit Selection

20

Gear Up for Lawyers Basketball League

23

2011–12 DBA Committee Preference Sheet

5

8

10

IN EVERY ISSUE 26

Legal Affairs

28

Dates on the Docket

30

Picture This

The Docket A publication of the Denver Bar Association.

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

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

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

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

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

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

October 2011 I The Docket 3

From the President

The DBA Pro Bono Initiative: A Potential New Service for Our Members

by I lene Lin Bl o om

A

s I discussed in last month’s colu m n , acce s s to justice is a core value of our profession, and it is clear to me that all members can make an impact on our community by volunteering our legal skills. In recognition of this important value, the Denver Bar Association is analyzing whether it should offer a new member service through which it will assist individual members in identifying pro bono opportunities that suit the individual’s needs.

To do this, the bar would like to work oneon-one with our members. Ideas being considered include having a dedicated staff member, intern, or volunteer who is trained to help members find a pro bono matter that is right for them. Members may be able to receive such assistance via phone, in person, or online. The bar also is looking at putting our members in contact with “pro bono experts”—lawyers who are knowledgeable in a particular area of the law who can be available to talk with other bar members about unfamiliar legal and practical aspects of a pro bono client’s issues.

How This Potential Service Can Help Our Members The idea behind the DBA Pro Bono Initiative is to provide a source of information and assistance to support, encourage, facilitate, and expand the delivery of pro bono work, and help members connect with opportunities that meet their needs. A few firms in our community may have pro bono coordinators who can help its attorneys

4 The Docket I October 2011

find a suitable pro bono case, but most do not. This leaves most of our busy members on their own to tr y and navigate the pro bono world. It can be very time consuming to find a case that suits an individual attorney’s needs in terms of subject matter, time commitment, and specific competencies. The DBA Pro Bono Initiative would seek to help its members in the following ways: Education on Pro Bono Opportunities One of the goals of this service is to educate our members on the full range of available pro bono matters in our community. Many members may not know all the types of pro bono matters that exist in our community. Whether you prefer to do impact litigation or

organization for a specific type of pro bono case or opportunity.

Help Create a Positive Pro Bono Experience The DBA and I would like to help members realize the core value of access to justice by developing a service that members would use and then make it readily available. Because volunteering is such a personal endeavor, it is very important that any experience our members have doing pro bono is a positive one. To help make this happen, I want to help our members find pro bono matters or opportunities that suit their individual interests and needs. My hope is that your first, or your next, pro bono matter will be as rewarding to you as it is to the client you serve.

“

I want to help our members find pro bono matters or opportunities that suit their individual interests and needs. My hope is that your first, or your next, pro bono matter will be as rewarding to you as it is to the client you serve.”

direct client service, staff a Legal Night for a few hours a month or take on your own case, assist a particular client group or work in a specific area of law, this service would seek to get you started by educating you on the opportunities available.

Time Saving The idea behind the proposed service would be to save members time and effort in locating a suitable pro bono opportunity. Instead of having to consult with multiple legal aid organizations about what is available and how the organization helps its volunteers, a member could now consult with one person through the DBA who could help match them up with the right

The DBA has surveyed members about such a service and I will share the results with you in a future column. Also, please feel free to email me directly with your feedback on this idea, along with any questions or suggestions you may have to make this service user-friendly or any other things you wish the DBA would do to facilitate pro bono service work. I can be reached at ilenebloom@hotmail. com or (303) 886-9783. Special thanks to Michelle Ferguson for her assistance with this column. D

The Thursday Night Bar: A Journey Through the Past B y Howard R o senbe rg, J on N icholls, and J e rry Conove r 1966—it was the year that the Office of Economic Opportunity and its Office of Legal Services were in bloom.

Enter the Denver Bar Association with its Thursday Night Bar. What was it, and why was it so called? No, it was not a “bar” open on Thursday nights—it was an experiment designed or if one prefers, “dreamed up” by prominent members of Denver’s legal community who believed that lawyers were willing and able to provide pro bono volunteer legal services to the low-income community. The idea also was that volunteer lawyers could at least make a small dent in serving the legal needs of the poor in Denver, while the OEO Office of Legal Services was pondering whether to fund a legal services program for Denver.

The program that was designed by its founders assigned volunteer lawyers to a neighborhood office of the Denver Housing Authority, set up through the assistance of Dick Peterson (at that time a Denver minister), where on Thursday nights at 5 p.m. clients with legal problems would come in on a firstcome, first-served basis. The volunteer lawyers would interview each client, give advice when feasible (if the lawyer was knowledgeable enough to give the advice), and make notes regarding the client’s problems. Files would then be transferred to the DBA office for the Friday morning review.

On Friday mornings, the Thursday night volunteers would meet with a panel of volunteer lawyers, a staff attorney from the Legal Aid Society of Metropolitan Denver, and a bar association coordinating lawyer. In the first year of operation, a lawyer from the neighborhood law center, a representative of DU Law-Denver Legal Aid combined model effort funded by

OEO for one year, also was present.

T h e T h u r s d ay night cases would be presented by the lawyers who interviewed clients the night before, and the Friday morning panel would discuss how to resolve the cases. Referrals would be made to the Legal Aid Jerry Conover, left, and Howard Rosenberg, center, were founding volunteers of the Society, to the DU Thursday Night Bar. Jon Nicholls was also a TNB volunteer. Rosenberg and Nicholls N e i g h b o r h o o d each served as executive director of the Legal Aid Society of Metropolitan Denver.

Photo by Jamie Cotten.

Law Office and law school clinic, and to volunteer lawyers. When the Friday morning panel completed its review of A Glance at Metro Volunteer Lawyers the cases, the DBA coordinator would The mission of Metro Volunteer Lawyers begin calling lawyers to assign cases. is “to bridge the gap in access to justice by The assignment to the volunteer lawyer coordinating the provision of pro bono legal would be noted. The client would receive services by volunteer lawyers within the Denver either a phone call or a letter advising metro area to people who could not otherwise the client that the case was assigned to a afford legal services for their civil legal issues.”

Volunteer attorneys founded the Thursday particular volunteer attorney. He or she Night Bar in 1966; in that first year there were would then be directed to contact the 20 volunteers. Today, TNB is MVL, and is a staffed attorney. department of the Denver Bar Association. MVL The Thursday Night Bar program serves indigent clients in Adams, Arapahoe, prospered and grew under the auspices Broomfield, Denver, Douglas, Elbert, Gilpin, and Jefferson counties through its Family Law of the DBA, continuing to mature into Court Program, post-decree clinics, and direct the current iteration—Metro Volunteer representation by volunteer attorneys. As of Lawyers. For many years the name and Sept. 1, MVL has accepted 1,061 cases, 303 nostalgia for the Thursday Night Bar attorneys have taken cases, and 105 attorneys remained, even as the Thursday night have been added to its panel. client interviews were abandoned and In the past year, MVL’s successes include $94,000 raised at the sold-out Barristers Benefit clients were seen by appointment during Ball, which benefits MVL; a redesigned website; the day at what eventually became the and participation in Colorado Gives Day, which MVL offices and later became modern benefits nonprofits. However, as more families distant communication—telephones, face poverty and funding for legal aid continues cell phones, and computers. to be cut, MVL needs support more than ever.

For more information or to volunteer, visit Indeed, at some point, members of metrovolunteerlawyers.org. the Denver Bar Legal Services Committee, TNB, continued on page 20 October 2011 I The Docket 5

Post-Decree Clinics Continue to Serve Families

by D i anne Van Vo orhee s

M

ore than 10 years after launching its first post-decree clinic with Faegre & Benson, Metro Volunteer Lawyers continues to serve clients whose legal problems arise after permanent orders have been entered in divorce and custody cases.

The first post-decree clinic began in 2000 as a collaborative effort between MVL and Faegre & Benson. It was the first post-decree family law clinic of its kind offered anywhere. Not only did Faegre & Benson make available its staff and attorneys to provide legal services to these clients, they also created and implemented a program to train and supervise attorneys participating in the post-decree clinic.

Over time, the post-decree clinic program has expanded. In an effort to address growing community needs, Faegre & Benson reached out to recruit and collaborate with other well-respected firms, starting with Holland & Hart for additional clinics in Denver. Later, they worked with The Harris Law Firm to conduct clinics in Adams and Arapahoe counties for a year in order to expand, at least temporarily, the reach of those who could be served by MVL. Today, MVL and our partner firms— Faegre & Benson, Holland & Hart, and

6 The Docket I October 2011

“

The continued success and growth of the postdecree clinics is a true testament to the continued leadership and commitment that the firms that sponsor the clinics make to MVL to support and provide pro bono legal services.”

Johnson Sauer Legal Group—conduct post-decree clinics each month at the Denver and Jefferson County District Courts. Volunteers prepare relevant motions, pleadings, and proposed orders for people who are representing themselves in ongoing litigation.

The attorneys simply advise the clients regarding the limited scope of representation and indicate on each document they produce for the clients, per Rule 11, that they have assisted with the preparation of those documents.

To keep volunteers active and interested, Faegre & Benson also hosts and coordinates an annual post-decree training CLE for all post-decree clinic volunteers to better educate the attorneys who provide the post-decree legal services. They also host a volunteer appreciation holiday party each year and feature MVL. The continued success and growth of the post-decree clinics is a

true testament to the continued leadership and commitment that the firms that sponsor the post-decree clinics make to MVL to support and provide pro bono legal services.

We at MVL cannot thank our partners and supporters enough for their continued support of MVL, and look forward to our continued partnership and success in the future. D Dianne Van Voorhees is the executive directo r o f M e t ro Volunteer Lawyers.

Pro Bono Monday, Oct. 24

Week

Collections Clinic Training

Oct. 24–28

Noon–2 p.m.

CBA CLE Offices, 3rd floor—Available Live and Webcast Two general CLE credits $49 for members and $69 for non-members, or complimentary when you sign up for a clinic RSVP to hclark@cobar.org or call 303-824-5350.

Alison Daniels and Jennifer Levin will present a basic training for attorneys who are interested in teaching the pro se clinic and/or want a general understanding of the collection process.

Pro Bono Week Kick Off Party

5:30–8 p.m.

Kutak Rock, 1801 California St., Suite 3100, Denver Complimentary event RSVP to hclark@cobar.org or call 303-824-5350.

Come celebrate and help kick off Pro Bono Week! The event will feature special guest speakers and Ignite presentations on pro bono. Interested in giving an Ignite presentation or would like more information? Contact hclark@cobar.org.

Light appetizers, drinks, and door prizes will be provided.

Tuesday, Oct. 25

Small Claims Clinic Training

Noon–2 p.m.

CBA CLE Offices, 3rd floor—Available Live and Webcast Two general CLE credits $49 for members and $69 for non-members, or complimentary when you sign up for a clinic RSVP to hclark@cobar.org or call 303-824-5350.

Kip Barrash will present a basic training for attorneys who are interested in teaching the small claims clinic or want a general understanding of the small claims process. Tips include gathering information; forms (where to get them, how to complete them); filing (how, where); defending your position (what to do and what not to do); and court procedure.

Wednesday, Oct. 26

Metro Volunteer Lawyers Family Law Training Sponsored by Faegre & Benson, LLP 1–5 p.m.

Faegre and Benson, 3200 Wells Fargo Center, 1700 Lincoln St. Complimentary program Four CLE credits applied for.

RSVP to Melissa Fri at MFri@faegre.com no later than Friday, Oct. 21.

This is a training session for attorneys volunteering with Metro Volunteer Lawyers on family law matters, or those interested in volunteering. Agenda topics will include the anatomy of a family law case, evidence in family law matters, working with family law clients, professionalism, and procedural considerations. Afternoon snacks and refreshments will be provided at no cost to attendees.

October 2011 I The Docket 7

Rule Change Gives Students More Opportunities for Pro Bono Service

by M at t he w Fo ste r

R

e cent changes to Colorado’s Student Practice Act have expanded the qualifications for supervising lawyers who work with law students in pro bono cases, allowing students to get more in-court training and expanding attorneys’ ability to volunteer.

Colorado’s Student Practice Act allows currently enrolled second- and third-year law students acting under a qualified attorney’s supervision to draft motions, prepare pleadings, and enter appearances on behalf of consenting clients for civil, administrative, and certain criminal cases. By creating opportunities for hands-on litigation experience, the statute provides law students a meaningful way to learn through exposure to complex procedural issues and common practice strategies that are difficult to teach in a traditional classroom setting.

Before the rule change, law stu-

8 The Docket I October 2011

“

The new rule teaches students how to address and respond to the substantive and procedural challenges of a case through real-world exposure.”

dents could operate under the student practice rules only if they worked for an attorney in the public sector, such as the Public Defender’s or District Attorney’s offices, or if they were enrolled in a law school clinical program. The former rule prevented private attorneys working in a temporary or voluntary capacity from supervising a student’s court appearance and restricted the type of work a student could do for pro bono organizations such as Metro Volunteer Lawyers, which relies largely if not exclusively on volunteers’ time and efforts to serve indigent clients.

Law students who have completed at least two years of law school may appear in district, county, and municipal court,

according to CR S §#12-5116. Students must file certification from the dean or registrar of the law school confirming that they have completed two years of law school and are of good moral character. The Office of Attorney Registration provides the form for the dean’s certification. Students also must provide the name of the supervising attorney they will be working with.

A team of collaborators that included MVL staff and board members, professors, administrators at both University of Colorado and University of Denver law schools, and the Office of

Attorney Regulation worked together to develop the proposed revision to the Student Practice Rules. In response to these efforts, the Supreme Court has adopted its revised Colorado Rule of Civil Procedure 226.5. The new Student Practice Rule, which has been effective since July 16, is more permissive regarding qualifications for supervising attorneys in that a supervising lawyer must now work for or on behalf of a public sector or nonprofit organization. This language allows private attorneys to serve as supervisory lawyers to law students who work with them on a pro bono case, so long as the case is referred to the law student and supervising attorney by a qualified legal services provider, such as MVL. Under the new rule, students may offer legal services under the supervision of private attorneys volunteering on behalf of legal services organizations.

Further, it increases the level of interac-

tion between law students and practicing attorneys, benefiting both. The new rule allows attorneys to ask for and expect more from the students they supervise, and acquaints students with more relevant issues in more varied fields of law.

By permitting law students to work with private attorneys on different types of pro bono cases, the new rule teaches students how to address and respond to the substantive and procedural challenges of a case through real-world exposure, and affords them opportunities to work with private attorneys practicing in legal fields that were beyond the scope of the old rule. Colorado’s new Student Practice Rule benefits the state’s legal system as a whole by expanding volunteers’ and

private attorneys’ work with law school students to produce better-prepared young lawyers who leave school confident and ready to practice. D Matthew Foster is a third-year student at the University of Colorado School of Law and a student volunteer with MVL.

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October 2011 I The Docket 9

The Case of

the Law

School Murders, Part 2

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

A

fter spending several more hours at Don’s Club Tavern, sipping my bourbon and observing the happy, carefree bar flies chatter about some imminent debt ceiling crisis of which I was not aware, I deliberated further about the somber situation before me.

My thoughts soon turned to action.

As I looked at the small clock hidden behind the rustic wooden bar in the dark room highlighted by fluorescent accented shelves, I noticed that it was only 2:30 p.m. That barely gave me enough time to visit both law schools in the area to obtain a list of the top 10 percent of the 3L class. I wanted to see potential targets if my initial theory—that a disgruntled and worried 3L was attempting to take out his or her competition—held true. I thought there had to be another answer, but that was three bourbons ago.

Because I was already so close to the

10 The Docket I October 2011

University of Denver, I slapped some $20 bills on the table to cover my drinks, strode to my yellow Vespa parked outside (to ride incognito), and rode directly there. After parking, I ran into the intimidating, cavernous law school and found the registrar’s office.

A man in his late 20s with short dark hair tinged with some gray strays and who was wearing large glasses was working at the front desk. The nameplate on the desk indicated his name was Brian Harper. I tried to sweet talk Harper at first, asking him questions about the law school and what he does at the office. It turns out that Harper is a full-time 3L and works at the registrar’s office in the late afternoon every day to make some extra cash to begin paying off his student loans.

I changed from the small talk and abruptly asked him to see the list of students in the top 10 percent of the 3L class. I told him I was a police officer and that it was for an investigation while flashing my DPD badge.

Brian Harper’s cheery, talkative tone turned to pensive nervousness.

He walked to his computer, frantically pressed some keys, and printed a list of approximately 25 people. As he handed

over the list, he grew angry.

“I should be on that list,” he said while looking down.

“What do you mean?”

He continued, “Well, the class has 255 students. I am number 26 in the class. I am technically in the top 10.2 percent, but the records automatically put me at 11 percent for my official class ranking since they round up. Because of 0.1 percent, I’m not allowed to say I’m in the ‘top 10 percent.’”

I noticed that his eyes were filled with tears of rage. He began cracking his knuckles, talking faster and louder. “The big firms in Denver only hire ‘top 10 percent’ students. Because of this stupid rule I have to put 11 percent on all my applications. Those firms won’t even look at me. And I need to work there—I need the money. I really need the money.”

This was getting interesting. I wrote down Brian Harper’s name and some of what he told me on my small notepad.

I also added: “Suspect Number One.” I asked Harper, “Have you accessed this top 10 percent list before?”

He shrugged. “Sometimes,” but quickly added, “for reasons related to my job in this office only. I have no other reason to access this list.” He then added,

“Is there anything else you would like? I have some other things to do before I leave for the day.”

“No. Thank you for your help.”

As I walked to my Vespa, I had a feeling that my time was better spent looking into Brian Harper than driving to the University of Colorado Law School for their top 10 percent list.

I made a phone call to my partner, Nancy Dixon. When she picked up, I was about to tell her about Harper, but she started talking first. “Sunday, you know that triple murder of law students? Well, I have the perfect suspect for you—a long-time social activist trying to destroy the legal profession, one law student at a time.”

I guess Suspect Number One might have some others to join him. D Read the third part of the fiction series in the November issue of The Docket. Missed the first part? Read it at denbar.org/docket.

October 2011 I The Docket 11

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Who’s Who, Representing You?

Meet the New Members of Your Board of Trustees (left) Janet Drake, DBA Trustee, Senior Assistant Attorney General in the Special Prosecutions Unit of the Colorado Attorney General’s Office.

Andrew M. Toft, DBA Trustee, solo practitioner.

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

Drake: Skiing or golfing, depending on the season.

Toft: Reading a book—history, science, biography, leadership.

Docket: What is your greatest passion outside the law?

D: Travel.

T: Raising our two sons to be good dads and men.

Docket: What place are you dying to travel to?

D: The Galapagos Islands.

I love seeing animals in their natural environment.

T: I am not dying to travel anywhere. I would like to take a cruise from San Francisco to Alaska to see the wildlife, cities, and physical geography of that part of the world. Beyond North America, probably to Central Asia to learn about a part of the world that is completely alien to

my experiences at this point in my life.

Docket: What was the last good movie you saw?

D: “The Guard.”

T: “Katyn.”

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

D: I’m still looking forward to my best moment in the courtroom.

T: In a case in Arapahoe County District Court in 1988 or 1989. The judge began nodding in agreement during my opening argument. Seeing that I was making my point(s) clearly was very satisfying.

The firm’s client won. D

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October 2011 I The Docket 13

A Seat at The Bar

Seniors to Roast DeMuth

by S ar a C ro cke r

L

arr y DeMuth w ill have the warmest seat in the house when he is roasted this month by longtime friends and family members at the DBA Seniors DeMuth Committee Roast.

The longtime general counsel for US West admits he’s unsure what his roasters, including retired Judge Kenneth Barnhill and Peter Willis, will have to say about him.

Willis, who was chief trial counsel at US West and is now of counsel at Kutak Rock, recalled they had the “unfortunate” privilege of going to Vermont each fall for a shareholder’s meeting of a company they ran together. “It was just a gorgeous time of year,” Willis said.

One year they were there and DeMuth was asked to give an interview to a media outlet comparing Vermont and Colorado aspen trees. “He was very diplomatic,” Willis said.

DeMuth was first in his class at the University of Colorado School of Law, where his father Laurence DeMuth, Sr.

14 The Docket I October 2011

taught, and that distinction got him his first job at Akolt Turnquist Shepherd & Dick when he graduated.

He took a leave of absence from the firm when he was called to active duty in Albuquerque, N.M., and was in the Judge Advocate General’s Corps. During his duty, he was once able to get a special assignment to see one of the atomic bomb tests. “You can’t believe how beautiful an atomic blast is,” he said. “The colors in it are unbelievable.”

He remained with the firm until 1968, when he was asked by a client, telecom company Mountain Bell, to become its general counsel and vice president.

He stayed in that role until 1984, when the Bell system broke up. From there, he served as executive vice president, general counsel, and secretary for US West until he retired in 1992.

“I’ve had a very, very interesting career, and I have been very fortunate,” he said.

DeMuth admits he was surprised when he found out the Seniors Committee wanted to roast him.

“I never imagined myself being anybody they would want to roast,” he said.

Some say DeMuth, the 28th roastee since the event started, may be tough to

roast. Barnhill said DeMuth can be serious, but he did recall, with a laugh, how DeMuth meticulously recorded what they owed each other when they traveled in Europe, even accounting for exchange rates country by country.

Willis said DeMuth was a visionary in setting up the legal department for one of the largest companies in the nation when Mountain Bell became US West.

For DeMuth, it offered an inside look at how technology was evolving.“People don’t understand how dramatically the technology was changing in the communications business,” he said. “That was the time when computers and communications were becoming wedded.”

DeMuth has also been committed to serving the community, working on many boards including the Colorado Judicial Institute and the Telecommunications History Group.

If You Go, Seniors Committee Roast of Larry DeMuth 6 to 9 p.m., Tuesday , Oct. 4 The University Club, 1673 Sherman St. Cost to attend is $45 and includes dinner.

To RSVP, contact Alexa Drago at (303) 824-5313 or adrago@cobar.org.

Wellness Brief

Handling Job Loss or Work Reduction Stress

by MINE S & A ss o ci ate s

I

n light of the current job market and economic atmosphere, it’s normal to feel anxious when you hear about or experience downsizing, a job loss, a layoff, or a reduction in your workload.

If your career has been affected by the uncertain economic times or you’re worried that it will be, follow the steps below to help minimize your anxiety: • Talk to your spouse or partner about your worries. Relationships are too often hurt by stress, so make sure to talk to your loved one about what you’re feeling.

• If you lose your job, talk to your family about what’s happened and stay positive. If necessary, explain to your children that losing a job is a normal part of life, but what’s most important is that you love each other and that everyone is safe and secure.

• Don’t dwell on the stress. Tr y something soothing if thoughts of anxiety or fear come up, such as yoga, breathing techniques, meditation, or exercise. If you let stress run rampant, it can hurt you both emotionally and physically.

• Take a look at your finances. Review

your budget and see if all your expenditures are necessary. See where you can cut costs, and if you do experience job loss or fear that you might, see how long your family could operate on savings.

• If you do lose your job, don’t panic.

Explore options like insurance plans that provide coverage to your family while you look for a new position.

Also, your previous employer may have important information on severance packages or other employers that are looking for employees. Unemployment benefits are something else to look into, as having that income can greatly reduce stress as you look for your new position. The best thing you can do is stay calm, gather the information you need as you leave your old position and look for a new one, and keep a positive attitude.

• Try to see the silver lining. If you are looking for a new position or thinking that you may have to at some point soon, are there any other jobs or careers that you would like to explore further? What skill sets or talents are you not using in your current or past positions that you would like to use now? Maybe writing in a journal can

help you discover what you would like your next job opportunity to look like.

If you or someone you care about needs help dealing with job loss, you may wish to contact the Colorado Attorney Assistance Program. Counselors are available through the CAAP to provide confidential assistance at no cost to you.

Call 303-832-1068 or 800-873-7138 for assistance. D Published as part of MINES & Associates Personal Advantage services and available at MINESandAssociates.com.

Originally written and published by Life Advantages, LLC ©2011.

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. Is there a topic you would like to read about? Please email suggestions to Docket Editor Sara Crocker at scrocker@cobar.org.

October 2011 I The Docket 15

Report from Toronto

Inside the ABA House of Delegates Meeting

by Tro y R . R a ckh am This article provides an overview of the American Bar Association House of Delegates meeting at the ABA’s Annual Meeting in August. This article has been edited for space, but it is available in full online at denbar.org/docket. The full article provides a comprehensive look at the meeting, as well as the importance of the House of Delegates.

What Did the House of Delegates Do at the ABA Annual Meeting?

The House had a very full agenda at the Annual Meeting and considered more than 50 resolutions. A complete description of the resolutions considered, and whether the resolutions were enacted, can be found at abanow. org/issue/page/3/?annual-meeting2011&view=hod. I encourage all who are

“

out of the 2000 presidential election.

After each was awarded the ABA Medal, both Boies and Olson addressed the House of Delegates. They spoke of the great challenges that face this profession, including the funding challenges that nearly every court system in the country is facing. Boies discussed the need to foster and encourage civility among lawyers and to “reinvigorate ourselves to try to protect the things that made our justice system great and our profession great.”

Olson commented on the fact that “our profession is based upon honest and admirable advocacy,” but that anger and incivility can corrode our profession. This was one of the best parts of the first day of the House’s session.

Agenda Items As mentioned earlier, the House had a full agenda. In between the interesting and important speeches by ABA

court system nationwide. Some of the examples given to describe this funding crisis were stark: • Six states have delayed filling judicial vacancies • 31 states have cut judicial support positions • 31 states have frozen or reduced judicial salaries • 16 states have furloughed judicial staff • 14 states have cut court hours; some closing court an entire day of the week • An Ohio court announced that it could not take any more cases because it was out of paper • Courts in some states have not tried a civil case in more than a year There are many other similar examples. Consequently, the House passed the resolution unanimously and is supportive of the task’s force’s efforts to combat

ABA Medal honoree Theodore B. Olson said ‘our profession is based upon honest and admirable advocacy,’ but that anger and incivility can corrode our profession.”

interested to go to the website. Although many of the issues were not controversial, some were.

Calls for Civility from Former Foes One of the more interesting presentations that came before the House of Delegates on the first day of the meeting was the ABA’s awarding of the ABA Medal to David Boies and Theodore B. Olson, who serve as co-chairs of the ABA Task Force on Preservation of the Justice System. Boies and Olson have worked together on several cases in the past, but they have received much attention for their representation of two California couples who were precluded from marrying because of Proposition 8.

Their representation that gained the most notoriety, however, was probably their representation of the opposing parties in the Bush v. Gore case, which arose

16 The Docket I October 2011

President Stephen N. Zack, Boies, and Olson, the House got to work. The delegates considered and adopted a number of resolutions affecting the legal profession. Although I do not detail all of the resolutions considered or adopted by the House, below is a discussion of many of the more interesting or controversial resolutions.

Funding Crisis First, the House considered and adopted a resolution proposed by the ABA Task Force on Preservation of the Justice System that urges state and local bar associations to document the impact of funding cutbacks to the judicial systems and to respond to the ramifications of funding shortages. The resolution highlighted one of the critical features that permeated the ABA Annual Meeting: the funding crises affecting the

the funding crisis.

Immigration and Citizenship The House also considered a resolution proposed by the Commission on Hispanic Legal Rights and Responsibilities that urged Congress to reject any proposal to alter the Fourteenth Amendment related to granting U.S. citizenship.

The House overwhelmingly passed the resolution.

Legal Education The House adopted several resolutions relating to legal education.

Specifically, the House considered Resolution 10B, which urged law schools, firms, and CLE providers to provide the knowledge, skills, and values that are required of the successful modern lawyers, including developing practiceready lawyers though enhanced clinical courses. After some amendments, the

resolution overwhelmingly passed the House, although there was some opposition.

The House also considered Resolution 111A, which urges Congress to pass legislation that would assist students with significant legal education debt by extending to holders of commercial lender loans the same repayment schedules as those with federal student loans.

It also urged the creation of loan forgiveness programs for public service lawyers.

The resolution passed the House with limited opposition.

Finally, the House considered and adopted Resolution 111B, which proposed that the ABA urge all law schools to accurately report employment data and identify whether graduates have full- or part-time employment, whether in private or public sector, and whether employment is permanent or temporary.

It passed with overwhelming support.

Judiciary The House also considered, and ultimately approved, Resolution 107, which urged the ABA to support efforts at the state level to establish clear procedures for judicial disqualifications and implement procedures to review a judge’s decision to reject a disqualification request. The resolution is particularly important in those states where heated and expensive judicial elections cause concerns about a judge’s independence in certain circumstances.

Additionally, the House considered Resolution 123, which adopts Model Time Standards for State Courts. The resolution was supported by the Denver Bar Association and Colorado’s own Judge Terry Ruckriegle urged the adoption of the resolution on behalf of the Judicial Division. Judge Ruckriegle has worked on the Model Time Standards for years.

It was quite pleasing that the House approved Resolution 123, and universally appreciated Judge Ruckriegle’s and the division’s work.

Language Access to the Courts Section, although in a divided vote, as Given the funding crisis that is well as a number of other sections. There gripping court systems nationwide, one were many passionate supporters and of the more controversial issues that opponents of Resolution 110B, includcame before the House of Delegates was ing many in the Litigation Section. The Resolution 122, which called on courts debate on Resolution 110B was lengthy, to implement services for non-English interesting, and at times, passionate. speakers. The House overwhelmingly Ultimately, the House voted by close to supported the concept of the resolution; a 2-to-1 margin not to adopt Resolution the problem was funding and burdening 110B. Consequently, the Collaborative an already overwhelmed court system Law Resolution failed the House. with a resolution that would immediately Conclusion require courts to hire interpreters and Serving as DBA’s delegate to the staff to ensure language access to courts.

House of Delegates has been very interUltimately, the Conference of Chief esting and rewarding. I am open to and Justices and the Conference of State look forward to hearing any input or Court Administrators urged the House to questions from any of the constituents of postpone consideration of the resolution the DBA on any issues that may be before indefinitely because of the funding crisis. the ABA House of Delegates. D A vote on the resolution ultimately was postponed, but it is likely that it will be Troy R. Rackham is the DBA’s delconsidered at the ABA Midyear Meeting egate to the ABA House of Delegates. He is in New Orleans in February. of counsel at Fennemore Craig. He may be Collaborative Law reached at trackham@fclaw.com.

Finally, undoubtedly the most controversial measure before the House of Delegates was Resolution 110B, which was proposed by the Uniform Law Commissioners. It sought the ABA’s approval of the Uniform Collaborative Law Rules/ Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws in 2010. The proponents of the resolution argued that the proposed rules/act should be considered as www.MilwidSchlosser.com appropriate legislation or rules for states wanting to Representing Individuals adopt the specific and Business Owners in substantive law relating to collabBankruptcy since 1987 orative law.

The resolution was supported by the Family L aw October 2011 I The Docket 17

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18 The Docket I October 2011

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Joint Judicial Task Force Aims to Protect Merit Selection

by S ar a C ro cke r

A

ttacks on the judiciary have become more and more prevalent in Colorado and across the nation in recent years. In an effort to continue to support a fair and impartial judiciary, the Denver and Colorado Bar Associations have formed the Joint Judicial Task Force.

Recent local campaigns have included 2006’s Amendment 40, which would have imposed term limits on judges, and more recent efforts that have asked voters to not retain Colorado Supreme Court justices. The task force will work to better educate citizens about Colorado’s merit selection system and respond to such future attacks on the judiciary.

The Colorado System Colorado’s merit selection system is unique and has been in place since 1966.

There are seven other states that have some form of merit selection system, where judges are appointed by the governor from a list of nominees identified by a judicial nominating commission, judges must stand for retention, and there judicial performance evaluations to help voters learn about judges. These evaluations, which have been used in Colorado since 1988, are based on surveys of court users about a judge’s qualities, ranging from temperament to his or her knowledge of the law, as well as management of a docket and a self-evaluation.

A Look at Our Neighbors However, 35 states have contested elections for at least some of their judges.

For example, in nearby Nevada, judges are selected through nonpartisan elections. For one former Colorado lawyer, the differences between merit selection and elective systems were noticeable.

When Tami Cowden received a mailer from a judge requesting a campaign contribution, her first thought was that it was inappropriate. She also realized that it created another layer of consideration for trial lawyers in Nevada: “Is the outcome my client desires politically popular? If not, is the judge assigned to this case brave enough to make an unpopular

decision if justice so requires?” she wrote in the October 2006 issue of COMMUNIQUÉ, the Clark County (Nev.) Bar Association journal. Since then, the Nevada legislature has twice, in consecutive sessions, approved a proposed constitutional amendment that would create a merit selection system with retention and performance evaluation.

However, in 2010, the amendment was sent to voters and rejected, by a margin of 58 percent to 42 percent.

Meanwhile, in another merit selection state, the system has come under attack. In the past legislative session in Arizona, there was a wave of people advocating for elections of judges. Ultimately, supporters have managed to protect the system, but Arizona voters will decide whether to institute changes to its merit system in 2012. The measure will allow for longer terms for judges but will also limit the role of the bar association as well as the independence of the judicial nominating commission by requiring eight nominees instead of three and no longer balancing party affiliation.

While proponents of electing judges note the electoral system brings in new faces and holds judges accountable to the public, the election process and the money needed for it can place judges, who are meant to be fair and impartial, in an awkward position. For example, in August, an Indiana judge running for reelection handed out fliers announcing a fundraiser and suggested contributions: $150, Sustained; $250, Affirmed; $500, So Ordered; and $1,000, Favorable Ruling. Though some laughed it off as clever advertising, others took it to mean justice has its price. “It appears that there may be justice for sale,” former Marion County Judge Gary Miller told Indianapolis’ 6News. Though the fundraiser ultimately was cancelled, it put those who represent the Indiana judiciary on the spot.

This influx of cash into judicial elections is becoming more and more common. From 2000 to 2009, state Supreme Court candidates raised nearly

About the Joint Judicial Task Force Protecting and promoting Colorado’s fair and impartial courts.

Serve on the Task Force

To contact committee chairs: Education, John Baker and Dan Sweetser, johntbakerpc@msn.com and dsweetser@ sweetserlaw.com.

Initiatives, Stacy Carpenter, scarpenter@hkhlaw.com.

Communications, Theresa Spahn, theresa@ wattorneys.net.

Task force chair Dan McCune, dmccune@kcfpc. com.

$207 million, which was more than double the $83.3 raised from 1990 to 1999, according to “The New Politics of Judicial Elections, 2000–2009: Decade of Change.” The report notes the strategy of one AFL-CIO official from Ohio: “We figured out a long time ago that it’s easier to elect seven judges than to elect 132 legislators.” This is an issue the task force hopes to ensure Colorado avoids.

How Members Can Help For now, the Joint Judicial Task Force, chaired by Dan McCune, is focusing on education, initiatives, and communications. Former DBA President John Baker and Dan Sweetser will head the committee aimed at educating the public about the judiciary and the legal system. DBA Past President Stacy Carpenter will chair the committee that will monitor and respond to any measures that may arise in the 2012 election cycle that seek to change the way judges are selected, retained, or regulated. Theresa Spahn will helm the communications committee, which will work to keep members and the public informed about the work the task force is doing.

The task force welcomes members to join these committees and play a part in the protection of a fair and impartial judiciary. D Sara Crocker is Editor of The Docket.

She received great assistance for this article from Theresa Spahn and Malia Reddick.

October 2011 I The Docket 19

TNB, continued from page 5 which oversaw the TNB, believed the program should have a new, more relevant and creative name. The DBA Legal Aid Committee struggled with various new names for the TNB without success. A creative member of the committee then suggested that it conduct a contest to pick the best new name for the Thursday Night Bar program. Entries were solicited from far flung places and sources, including the Colorado State Prison (and indeed several entries were received from that institution; residents of the prison were offered a certain number of hours of free legal advice if they won the contest).

Ballots poured in with all kinds of names suggested by folks from all over the country. The winning name unanimously chosen by the judges was, yes, “The Thursday Night Bar,” submitted by none other than Jerry Conover! The second, or runner-up, prize was submitted by a resident of the Colorado prison network and because Conover did not want (or hopefully need) free legal advice, the prison resident was provided free legal advice.

Later, however, the creative juices of the Legal Services Committee members regenerated and the committee came through with the new name, Metro Volunteer Lawyers.

A few of us had a hard time remembering the new name and kept reverting to TNB! For a while, Legal Services Committee meetings were held on Thursday in honor of the TNB. The new name made sense, as MVL now encompasses the bar associations of metropolitan Denver.

The evolution of the TNB into MVL was not only a new designation, but a greatly expanded volunteer program that would largely be financed through the annual Barristers Benefit Ball. The proceeds from the ball enabled the DBA to partner with other contributing local bar associations, including those in Arapahoe, Jefferson, and Adams counties, and to fund a full-time lawyer volunteer program, staffed with a director, legal services coordinators, and a legal assistant.

Unfortunately, many of the original founders of the Thursday Night Bar are deceased, but most of these founders

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did live to see how their idea has become perhaps the longest continuous running lawyer volunteer program that continues to be a valuable and essential supplement to providing legal services to low-income and underserved persons. Yes, the TNB name has changed, but the idea hatched by those forward-thinking Denver lawyers in 1966 has persisted and continues to be a landmark for the bar associations in metropolitan Denver. It continues to be a necessary benefit for the many lowincome clients served by the old TNB and its successor, MVL. D Howard Rosenberg is a professor at the University of Denver Sturm College of Law and a past president of the Denver Bar Association. Jon Nicholls is a partner at Nicholls & Associates. Jerry Conover is of counsel at Moye White and a past president of the Colorado and Denver Bar Associations.

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What I Wish I Knew When I Graduated Law School

M

embers of The Docket Committee shared some of their insights, foibles, and peeves so that newly admitted attorneys won’t have to learn these same lessons the hard way. The committee welcomes you to the practice of law.

“The first ‘job’ you take is less important than you think, but the people you meet and the things you learn from them will inform your professional life for years.”

Alli Gerkman “Judges are just like regular people, to be respected but not feared.”

Marshall Snider “Get paid upfront.”

Chris Mommsen “Something I wish I had known when I applied to law school, was to go to school in the state you plan to practice in. Something I wish I had known when I

graduated was that the law school would be asking for money from me every six months. Had I known that, I would have given them a fictitious address!”

Loren Ginsburg

client and the actual day-to-day legal advice, contract review, or advocacy for your clients is far different than any law class or bar exam.”

Becky Bye

“Your client always lies.”

Greg Rawlings

“When someone tells you they have already hired and fired two or more attorneys, don’t take the case.”

Craig Eley

“What I wish I knew about the practice of law is truly how different practicing law is from learning about it in school. When you are a lawyer, you cannot go into tangents of theoretical facts and writing briefs and memos that take an entire semester for your own personal benefit and growth. The practice of law is all about service to the

October 2011 I The Docket 21

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The Lawyers Basketball League will kick off its 2012 season in January at the University of Denver Hamilton Gym. The expected team entry fee will range from $650 to $750.

Sign up information will be sent to last year’s team captains this month; others who are interested in registering, forming, or joining a team should contact Todd Jansen at (303) 3370838 or todd@toddjansenlaw.com or Rob Hooke at (720) 530-4279 or rhookeesq@gmail.com.

DBA YLD Law Suit Days October 13-14 On Thursday and Friday, Oct. 13 and 14, The Denver Bar Association Young Lawyers Division will accept donations on the steps

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2011–12 DBA Committee Preference Sheet Joining a DBA committee is a great way to donate your time to the association, network, help the community, and develop leadership skills. Please check the box next to each committee you are interested in learning more about. Include your name and contact information and e-mail your preferences to membership@cobar.org or fax it to (303) 894-0821. Call (303) 860-1115 with questions.

Access to Justice Works for the expansion of legal services for all people regardless of their ability to pay; encourages lawyers to provide pro bono services; develops proposals to improve systems of low cost legal services; and assists local bar associations with public service programs.

Awards Coordinates nominations and selects recipients of the following awards: DBA Award of Merit, DBA Volunteer Lawyer of the Year, DBA Young Lawyer of the Year, and Judicial Excellence.

Barristers Benefit Ball Plans and organizes this annual association fundraising dinner/dance. The proceeds go to Metro Volunteer Lawyers, which provides legal services to indigent clients.

Bench Bar Works to better the relationship between the Bench and the Bar by hosting lunch programs at the Denver Courts with panels of judges to discuss various issues of concern for judges and lawyers. Also, works to plan the Bench Bar Retreat every 18 months.

Community Action Network Provides opportunities for members to reach beyond the legal community and offer valuable legal, educational, social, and civic assistance to those in need. Ongoing programs include school supply, toothbrush, and food drives, and other fundraising events.

Court Mediation Services Educates the public, the legal profession, and the judiciary about the value of mediation and how it effectively, efficiently, and fairly resolves conflict, by providing excellent mediation services to litigants and their attorneys in the civil divisions of Denver’s County and Small Claims Courts.

Democracy Education Recruits legal professionals for Denver Public Schools projects, such as Denver Regional Mock Trial Tournament; National Constitution Day; in-class mock trial scripts for elementary, middle, and high schools; court tours at the City and County Building; “We the People” volunteer training; Law Day Coloring Contest; substitute teaching; and speaker bureaus.

Diversity in the Legal Profession Its mission is to break down the long standing barriers that have prevented diverse attorneys from succeeding in the legal profession.

The Docket The monthly newsletter for the Denver Bar Association presents news of interest to the DBA’s members; calendars of events and CLE classes; restaurant, movie, and book reviews; practice tips; and gossip and humorous articles of all kinds.

Committee members write material and work with the DBA staff to produce content for The Docket. Written material is accepted from all members of the DBA, not just the committee members.

Henry Hall Memorial Golf Tournament Coordinates this full-day golf tournament, benefiting Metro Volunteer Lawyers.

Interprofessional Comprises attorneys and other professionals who seek to promote better understanding among the professions, prepares statements of principles governing interprofessional relations, and assists in resolving disputes among professionals.

Joint CBA/DBA Legal Fee Arbitration Seeks to identify and resolve disputes between attorneys and their clients concerning legal fees and resolve through arbitration.

Mentoring Planning This committee puts together and runs the DBA’s mentor program.

Professionalism Coordinating Council Coordinates the association’s efforts to improve professional conduct on the part of lawyers and judges in light of the lawyers’ Oath of Admission to practice law in Colorado and the reasonable expectations of the Bench, Bar, and the public.

Seniors This group of attorneys is for those members “65 or better.” The committee has four big events throughout the year: Seniors’ Spring Banquet, Golf Tournament, Roast, and Holiday Party. The biggest party of the year is the Seniors’ Spring Banquet, which honors Denver lawyers who have been licensed for 50 years. New members are welcome!

October 2011 I The Docket 23

24 The Docket I October 2011

October 2011 I The Docket 25

Legal

AFFAIRS GOOD THINGS T he L egal Aid Foundation of Colorado is pleased to welcome the following lawyers to its Board of Trustees: Jon Bender of Holland & Hart, Robert Duncan of Duncan Ostrander & Dingess, Natalie HanlonLeh of Faegre & Benson, Dave Hersh of Burg Simpson Eldredge Hersh & Jardine, Mike Keating of Fogel Keating Wagner Polidori & Shafner, John Keilbach, Altman Keilbach Lytle Parlapiano & Ware in Pueblo, Saranne Maxwell of Kutak Rock, Jeff Pagliuca of Haddon Morgan & Foreman, and Dave Palmer of Greenberg Traurig. The Board of Trustees directs an ongoing effort to promote equal access to justice in Colorado by raising money to provide necessary civil legal services for low-income individuals and families. The Board’s 2010-11 Campaign for Justice, which was concluded on June 30, raised approximately $1.3 million for legal aid, primarily from lawyers and law firms across the state who are committed to maintaining access to civil justice for those who have no place else to turn.

K ennedy C hilds & Fogg, P.C. congratulates Mark Fogg on his new position as General Counsel for COPIC Fogg Insurance Company, and also wishes to announce the new firm name of Kennedy Childs P.C. Rico Munn, a partner with Baker & Hostetler LLP, was elected to the b oard o f dire c tors o f the Denver Scholarship Munn Foundation. Munn is the former executive director of the Colorado Department of Higher Education and a longtime advocate for Colorado students.

Munn’s law practice focuses on public law, commercial litigation, and regulatory matters.

Bradley A. Levin, a shareholder in the Denver-based insurance recovery and bad faith law firm, Roberts Levin Rosenberg, has been elected to the Colorado Lawyers Committee’s board of directors.

Levin’s practice focuses on tort and commercial litigation, including insurance bad faith and insurance coverage disputes.

Zhonette M. Brown, a shareholder at the law firm of Brownstein Hyatt Farber Schreck, was recently appointed to the Food Bank of the Rockies Board of Directors. As a board member, Brown will provide strategic direction to the organization and help with fundraising efforts.

Neil Oberfeld, shareholder in the Denver office of the international law firm Greenberg Traurig LLP, has been named to Oberfeld the Colorado Business Advisory Committee.

Barry Burns of the Denver office of Kutak Rock LLP has been selected as co-chair of the Pipeline Committee of the Center for Legal Inclusiveness. He will serve as co-chair with U.S. Magistrate Judge Kristen Mix. Rothgerber Johnson & Lyons LLP is pleased to announce that senior partner, James M. Lyons, has been elected to the Lyons board of directors of the Denver Metro Chamber of Commerce.

Lyons’ area of practice is focused in complex business litigation and arbitration of all types, including

corporate, securities, and insurance law.

Heidi Boerstler, a professor of health law and ethics and transformational leadership at the Business School at the University Boerstler of Colorado–Denver, has a written a new book, “Soaring! New Thinking on Leadership.”

The International Legal Alliance Summit selected Greenberg Traurig as the Best USA Law Firm: Real Estate & Environment 2011. The firm was presented with the Gold Award at the recent International Legal Awards Dinner.

The Rocky Mountain Mineral Law Foundation is pleased to announce that Jan N. Steiert was elected President for 2011–12 at its 57th Annual Rocky Mountain Mineral Law Institute. She also serves as chair of the foundation’s board of directors. Steiert is currently senior vice president and general counsel for Electrum USA Ltd. Walberg, Tucker & Holmes, P.C. is proud to announce that Kurt H. Henkel has joined the firm as a senior trial attorney.

The Wheels of Justice Cycling Team has raised more than $290,000 this year for The Children’s Hospital Center for Cancer and Blood Disorders.

The team has raised more than $1.3 million in the Courage Classic in six years. The team will host an appreciation party from 6 to 8 p.m. on Thursday, Oct. 20, at The Children’s Hospital. RSVP to rneelis@childrenscoloradofoundation. org by Oct. 13.

CHANGES Snell & Wilmer is pleased to announce that Shawn M. Rodda has

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

Send all notices to Kate Mills at kmills@cobar.org by the 5th day of the month.

26 The Docket I October 2011

joined the Denver office as counsel in the firm’s transactional and commercial litigation groups.

Rodda’s background includes a combination of experiences with project development and construction disputes.

Troy Braegger has joined Dorsey & Whitney LLP as a senior attorney in the Corporate Group. Braegger was previously with Holme Roberts Owen and focuses his practice on Latin America.

Moye White LLP, has announced that Randall G. “Randy” Alt has joined the firm as partner.

Alt is currently vice chair of the Real Estate Alt Section for the Colorado Bar Association. He has extensive experience in complex commercial purchase, sale, and financing transactions; receivership issues; foreclosures; commercial and residential development transactions, commercial leasing transactions; and title-related matters.

Vincent, Romeo & Rodriguez, LLC is pleased to announce that Joseph A. (Tony) Rodriguez has joined the firm as an associate.

Rodriguez’s practice will focus on elder and probate litigation matters.

K atayo un (K aty) Donnell y recently joined the Denver office of Baker & Hostetler LLP as an associate.

Donnelly will focus her practice on complex Donnelly commercial litigation. She advises clients through both trial and appellate phases of litigation in areas including class action, antitrust, contract disputes, intellectual property, product liability, and regulatory matters.

Polsinelli Shughart PC is expanding its real estate department with the addition of shareholder Steven G. Wright to its Wright Denver office.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. welcomes Marcela Mendoza as of counsel to the firm’s Denver office. Mendoza focuses her practice on business immigration and affirmative action programs, as well as compliance evaluations and administrative review actions initiated by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

The Denver office of Kutak Rock LLP recently h i re d Wa d e Ho u s e r , of counsel, to join the commercial real estate Houser team, advising regional and national financial institutions, retail clients and developers in lending, leasing, and acquisition transactions.

Polsinelli Shughart PC is expanding its Financial Services department with the addition of associate attorney Cristel Shepherd to its Denver office.

She will focus on loan enforcement and the protection and enforcement of creditors’ rights, as well as bankruptcy and financial restructuring.

Bob Coyne has joined Peck, Shaffer & Williams LLP, a leading national public finance law firm, as a partner in the firm’s Coyne Denver office.

Coyne has practiced public finance law for more than 25 years, including more than a decade in Colorado.

Michelle C. Witter recently joined Jackson Kelly PLLC’s Denver office. Her practice focuses on occupational safety and health and related civil, criminal, and administrative litigation. Witter also has experience in commercial litigation, insurance defense, public utility work, and labor and employment law.

Polsinelli Shughart welcomes Lori Albert and Kristine L. Poston to the firm as associates practicing in real estate matters. Albert concentrates her practice on real estate development issues, and

Poston focuses her practice on real estate financing.

BRICKS & MORTAR Wilson Elser has announced the opening of a Denver office, located at 1512 Larimer St. Dahl, Fischer and Wilks, LLC is pleased to announce the opening of its Denver office at 2696 S. Colorado Blvd., Suite 575. The firm’s new phone number is (303) 758-7700. The firm is owned by Stephanie Dahl, Kelly Fischer, and Ginny Wilks. They will be handling criminal defense cases, family law, wills, bankruptcy, and appellate work.

Higgins, Hopkins, McLain & Roswell, LLC (HHMR) is pleased to announce the 10th anniversary of the formation of the firm. The firm’s practice continues to emphasize construction law and general civil litigation.

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.

Marion McBain: (303) 635-2246 Teresa M. Wilkins (303) 414-4798 Gary Jackson: (303) 320-4848 Steve McBride: (303) 740-7422 Sponsored by

the DBA Peer Professionalism Assistance Committee October 2011 I The Docket 27

Dates on the

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

Oct. 4

Oct. 25

Pro Bono Collections Clinic Training Noon–2 p.m.

Call Carolyn Gravit, (303) 824-5323.

FOR THE PUBLIC

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

Call Carolyn Gravit, (303) 824-5323.

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

Oct. 5

Lawline 9 — 4–6:30 p.m.

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

Oct. 6

Democracy Education Noon–1:30 p.m.

Call Carolyn Gravit, (303) 824-5323.

Oct. 11

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

Oct. 13

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

Oct. 18

CAN Monthly Meeting Noon–1 p.m.

Call Kate Mills, (303) 824-5312.

Oct. 24

Pro Bono Collections Clinic Training Noon–2 p.m.

Call Carolyn Gravit, (303) 824-5323.

28 The Docket I October 2011

Oct. 5

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

Call (303) 295-9470.

Oct. 11

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

Oct. 12

Lawline 9— 4–6:30 p.m.

Oct. 18

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

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

Call (720) 944-2594.

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

Call (303) 573-1302.

Oct. 19

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

Lawline 9— 4–6:30 p.m.

Oct. 20

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

Oct. 26

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

Lawline 9— 4–6:30 p.m.

Join a Committee!

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

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

Write for

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

Thank you from the Wheels of Justice!

for Thanks to the support of Denver’s legal and business community, the Wheels of Justice Cycling Team raised more than $289,000 in 2011 for the Center for Cancer and Blood Disorders at Children’s Hospital Colorado. This brings the team’s six-year fundraising total in the Children’s Hospital Courage Classic Bicycle Tour to more than $1.3 MILLION. So, thanks to all of the riders, volunteers, and supporters who helped make this year’s campaign the best ever. In particular, we’re grateful to the Denver and Colorado Bar Associations and all of our wonderful sponsors (listed below) for their incredible support since Day One.

Please join us at Children’s Hospital Colorado on Thursday, Oct. 20, from 6 to 8 p.m., for the Wheels of Justice Team Appreciation Party (including free food and drinks). We’ll thank all involved, hear from doctors and patient families about the life-saving treatments and programs supported by our fundraising, and tour the Children’s Center for Cancer and Blood Disorders. Please RSVP by Oct. 13 to rneelis@childrenscoloradofoundation.org.

Wheels of Justice

Our Generous 2011 Sponsors

For more information on the Wheels of Justice, visit www.wheelsofjusticecycling.org.

October 2011 I The Docket 29

Picture

THIS

Seniors Committee Tees Off at Tournament Sixteen members of the Seniors Committee hit the links at Homestead Golf Course for the Seniors Golf Tournament on Aug. 16. The winners on the Lakewood course were: Jack Barker, low gross; Bob Benson, low net; and Beverlee Henry, MVP.

The winningest team of the day includeded Bob Benson, who had the low net; Jack Barker, who had the low gross; Dave Furgason; and Peter Willis.

Hon. Robert Fullerton, Beverlee Henry, David Naiman, and Seniors Committee Chair Don McMichael rounded out the group’s last foursome.

John Conway, Mike Homyak, Van Wilgus, and Keith Sleater were the first group to tee off.

Richard Harvey, Bill Waggener, Jon Clarke, and John Clough were teamed up for the golf tournament.

30 The Docket I October 2011

DBA Happenings Alec Baldwin Kicks Off Family Law Institute Actor Alec Baldwin shared his experiences and insight into the world of family law at the Kickoff to the Family Law Institute at the Marriott City Center in Denver on Aug. 11. The event, which drew approximately 150 people, was also a fundraiser for the Legal Aid Foundation of Colorado. Read coverage of the kickoff event at cbaclelegalconnection.com.

Family Law CBA Section Chair Brenda Storey led the conversation with Alec Baldwin about his divorce and custody battle, as well as his opinion on the family law system and how it can be changed.

Actor Alec Baldwin wrote the book “A Promise to Ourselves: A Journey Through Fatherhood and Divorce” about his odyssey through the family court system.

Packing in the Fun—And School Supplies Starting off the school year on the right foot, nearly 300 students received backpacks stuffed with supplies they will need in class at the Denver Zoo on Aug. 7 as part of a family fun day that included free admission, face painting, and lunch.

The event was organized by the Denver Bar Association’s Community Action Network. Donations from more than 40 law firms made this event possible. The supplies that were left over were donated to the Colorado Coalition for the Homeless and The Gathering Place.

Students received backpacks as part of the Community Action Network’s ninth annual school supply drive, which benefited students from the Educational Outreach Program of Denver Public Schools, Comitis Family Services, and the Children’s Outreach Project.

Kenyka Wright picks up her backpack.

October 2011 I The Docket 31

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

hon. richard d. TurElli

hon. JamEs s. millEr

hon. TErri s. diEm

shEldon E. FriEdman, Esq.

hon. John P. lEoPold

hon. harlan r. Bockman

colliE norman, Esq.

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