2015 October

A Denver Bar Association Publication I 37 Issue 9 I October 2015

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A MESSAGE FROM DBA PRESIDENT JANET DRAKE WHY PROFESSIONALISM MATTERS RECONSTRUCTING PROFESSIONALISM: A CONVERSATION WITH DBA-YLD CHAIR MO WATSON

PEER-TO-PEER PROFESSIONALISM HELP

October 2015 I The Docket 3

INSIDE 6 12 14

Briefly

18 20 21 22

The Ins and Outs of the Inns of Court

24 26 29

Engagement Retainers: Handle With Care

Why Join the Bar? Former Appellate Attorney Elizabeth Harris Joins the Colorado Court of Appeals Travel Spotlight 10 Questions: Stephanie Villafuerte “The Colorado Entrepreneur Show”: Trevor Crow’s Cool Side Gig ABA Annual Meeting: Hip or Hype?

Kent Denver: A Championship-Caliber Mock Trial Team

IN EVERY ISSUE 30

Briefs

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Bar Resources

31

Dates on the Docket

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Legal Affairs

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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: Ryan T. Jardine Graphic Designer: Kate Schuster, kschuster@cobar.org Advertising: advertising@cobar.org The Docket Committee: Norman Beecher, Jerry Bowman, Adam Brown, Becky Bye, Mariya Cassin, Craig C. Eley, David L. Erickson, James Garts, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr., Robert J. Kapelke, 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, Judith Rosenblum, 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: Janet S. Drake, President; Nancy Cohen, President-Elect; Richard M. Murray, First Vice President; Kevin E. McReynolds, Second Vice President; John M. Vaught, Immediate Past President; Daniel A. Sweetser, Treasurer; and Patrick Flaherty, Executive Director Board of Trustees Members: Erich L. Bethke, Gillian M. Bidgood, Jaclyn K. Casey, Sarah M. Clark, Richard L. Gabriel, Franz Hardy, Margrit Lent Parker, Gerald D. Pratt and Shannon W. Stevenson

Visit Blog:

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 2015. 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.

DBAdocket.org 4 The Docket I October 2015

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.

A MESSAGE FROM DBA PRESIDENT JANET DRAKE How can you make a difference for children in Denver? There are a lot of outstanding programs in Denver that benefit children, and they need your help! If you are a Denver attorney who wants to enrich your caseload with some pro bono work, here are a few options:

Rocky Mountain Children’s Law Center 303-692-1165; rockymountainchildrenslawcenter.org The Civil Protection Order Program uses volunteer attorneys to investigate domestic violence cases and provide a report to a Denver County Court judge. The Rocky Mountain Children’s Law Center will provide an eight-hour training session (approved for CLE credit) at no cost to the volunteer. Another option is the Caregiver Advocacy Program. Attorneys represent non-parent caregivers who want legal authority to make decisions on behalf of children in place of their current guardian(s).

For additional information, please contact Tommie Evans, the Program Manager.

Colorado Juvenile Defender Center 303-825-0194; cjdc.org The Colorado Juvenile Defender Center is a nonprofit organization that represents children who are involved in the juvenile justice system. Attorneys are needed to represent clients in juvenile defense cases and to assist with juvenile record expungement, juvenile sex offender de-registration, school discipline cases and legal clinics. For more information, contact Elisa Logemann, Director of Client and Member Services.

A special thanks goes to the following Denver attorneys: Linda Weinerman, Executive Director, Colorado Office of the Child’s Representative Sheri Danz, Deputy Director, Office of the Child’s Representative Theresa Spahn, Denver County Court Judge Jennifer Eyle, Domestic Violence Director, Rocky Mountain Children’s Law Center Michele Clark, Executive Director, Colorado Juvenile Defender Center John Baker, Director, Colorado Attorney Mentoring Program Jose Esquibel, Director, Colorado Department of Law, Office of Community Engagement

If you are a Denver attorney who wants to make a difference for children in an alternate manner, consider:

Give Denver 720-944-GIVE; give@denvergov.org Give Denver is a Denver Human Services program that collaborates with corporations and individuals to prevent the abuse and exploitation of children and other vulnerable populations. Give Denver has three annual drives: the Spring Showers Hygiene drive; Adopt-a-Student School Supply Drive; and Adopt-a-Family Holiday drive.

Bridging the Gap 303-433-8383; unitedwaydenver.org/bridging-the-gap Bridging the Gap is a program for current and former foster youth (ages 16-24) who need support services as they transition into independent adulthood. Services include housing, mentoring, financial planning, employment and education. For additional information, contact Tori Black at 303-561-2236.

Denver Kids, Inc. 720-423-2470; denverkidsinc.org Denver Kids, Inc. is a program designed to help Denver Public Schools students (grades K-12) become successful through education and mentoring programs, such as Diplomas & Dreams. Contact Audrey Reyes at 720-423-2483 to volunteer.

Denver Opportunity Youth Investment Initiative 303-398-7400 rcfdenver.org/content/denver-opportunity-youth-investment-initiative Denver Opportunity Youth Investment Initiative is a collective impact community collaboration strategy to help children ages 16-24 who are not in school or employed. Volunteers are needed to support a variety of workgroups.

Denver Bar Association Lawyers and Schools Committee denbar.org This DBA committee collaborates with Denver Public Schools to engage students in a variety of projects including: Partner Alliance of Lawyer and Schools (PALS); mock trial training and tournaments; Law Day Art Contest (K-5); guest teaching; and Reading Partners. Please contact Meghan Bush at 303-824-5303 for additional information.

Denver Bar Association Community Action Network dbacan.com This DBA committee has programs throughout the year that benefit children in Denver and encourage attorneys to serve on boards of nonprofit agencies. Please contact Kate Schuster at 303-824-5312 for additional information.

Regardless of how you decide to help Denver children, thank you for making a difference! D

October 2015 I The Docket 5

BRIEFLY “Well done is better than well said.”

“By failing to prepare, you are preparing to fail.”

— Benjamin Franklin, Founding Father of the United States, father of the bifocal, inventor of the lightning rod, civic leader, diplomat, writer, humorist, businessman, international celebrity and multitalented genius.

On time’s migration from the pocket to the wrist: While women’s wristwatches flitted in and out of fashion during the 18th century, The New York Times reported that by 1912, these timepieces were “the fashion of the hour.” The world’s first wristwatch was reputedly created by AbrahamLouis Breguet for Caroline Murat, Queen of Naples. During the Boer War and World War I, the importance of synchronization and the rise of improved communications methods required soldiers to be able to tell time at a glance.

Wristwatches have been associated with the timeliness essential to professionalism ever since.

Did you know that 1927 marked the year when the production of pocket watches in the U.S. was outstripped by wristwatches?

(Source: Amy Glasmeier’s Manufacturing Time: Global Competition in the Watch Industry, 1795—2000)

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Why PROFESSIONALISM Matters B y R ich ard L . Gabriel

Chief Justice Nancy E. Rice, CBA President Loren M. Brown, Dean Philip J. Weiser of the University of Colorado Law School and Dean Martin J. Katz of the University of Denver Sturm College of Law have once again proclaimed October to be Legal Professionalism Month in the State of Colorado.

This year’s Professionalism Month theme is “Why Professionalism Matters.” After defining “professionalism,” this article will seek to highlight some of the many reasons why professionalism does indeed matter.

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“Lawyers are no different, and those who have earned reputations for always acting honorably and with integrity tend to be the most respected — as well as the most successful — lawyers in their communities.”

What is Professionalism?

Recognizing that Colorado lawyers may not have a shared understanding of the meaning of “professionalism,” the CBA/ DBA Professionalism Coordinating Council (PCC) recently adopted the following definition:

ally. Professional behavior begets public esteem of the legal community, and such esteem works to the benefit of all lawyers in that community.

•

Being held in high regard, both personally and by association with a respected legal community, promotes a high level of personal satisfaction and fulfillment in the practice of law. This, in turn, heralds a long and happy career.

In contrast, lawyers who do not find personal satisfaction and fulfillment in their practices are often hard-pressed to justify the long hours, many challenges and frequent stresses that come with practicing law at a high level.

To these lawyers, burnout tends to come early in their careers.

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Practicing professionally in a legal environment in which lawyers have committed themselves to a shared concept of professionalism promotes a better quality of life. Practicing law is difficult enough. A professional environment in which lawyers fight the battles that need to be fought and then leave those battles in the courtroom or at the negotiating table is productive and healthy. It is also a healthy and productive way to do business. Conversely,

Professionalism is conduct reflecting the values embodied in the Colorado Attorney Oath of Admission, the Colorado Principles of Professionalism, and the Colorado Rules of Professional Conduct. These values require attorneys always to act competently, civilly and with integrity and to commit themselves to the public good and to furthering the interests of justice.

This definition captures the three key elements of professionalism. First, professionalism is a form of conduct. Second, this conduct reflects certain values to which all attorneys have subscribed and that are broader than the attorneys’ ethical obligations. Third, professionalism encompasses duties owed to the bench, to clients, to other lawyers and to the public, including the duty to further the public good and the interests of justice.

Why Does Professionalism Matter?

The foregoing definition promotes a shared understanding of what professionalism is, but it does not explain why a shared understanding is important or why professionalism matters. After all, clients want to “win,” and there is a perception that the most “zealous” (as in “aggressive”) advocate usually prevails. Most attorneys can probably cite an example in which so-called “Rambo” or “scorched earth” tactics worked. Practical experience, however, shows that such tactics rarely succeed and that professional conduct is far more beneficial in the long run. While the advantages and benefits of professionalism in the practice of law are innumerable, the following list aims to highlight a few key points: •

•

Honor and integrity matter. Most people try to act with honor and integrity in their personal and professional dealings with others. Human nature makes people want to feel good about themselves. It fills them with the hope that others will respect them and hold them in high regard. Lawyers are no different, and those who have earned reputations for always acting honorably and with integrity tend to be the most respected — as well as the most successful — lawyers in their communities.

Most (if not all) lawyers want to be part of an esteemed profession. Again, it is human nature to want to feel good about what one is doing, both personally and profession-

8 The Docket I October 2015

“Professionalism in the practice of law gets results and is good for business.” unprofessional conduct results in needless friction and tangential disputes that do not advance the client’s interests but that ultimately take a harsh toll on counsel. The energy expended in dealing with such unprofessional behavior and with lawyers who take on their clients’ emotional battles as their own only increases the stresses of an already difficult job and is often damaging to one’s personal health and well-being. In this regard, Tranio’s advice to Hortensio in Act One, Scene Two of Shakespeare’s The Taming of the Shrew is counsel well-taken: “Do as adversaries do in law. Strive mightily, but eat and drink as friends.”

•

Professionalism in the practice of law gets results and is good for business. Acting professionally in a courtroom establishes a lawyer’s credibility with judges and jurors alike, and such credibility tends to produce good results. Likewise, acting professionally with opponents

establishes credibility in and among the bar. The most professional and successful lawyers know that good relationships with opposing counsel promote the successful and efficient resolution of disputes and often result in enthusiastic referrals of new business, both of which promote a successful practice in the long-term. And acting professionally with and in the presence of clients engenders credibility, strengthens trust and fosters respect because such behavior not only tends to produce good results but also creates an impression of calm and control that secures the clients’ confidence. Such characteristics lend themselves well to long-lasting and mutually beneficial client relationships, a fact that I previously discussed in my article titled “Professionalism in Today’s Competitive Legal Market: Why It’s in Everyone’s Interest,” which appeared in the June 2010 issue of The Colorado Lawyer.

•

Finally, the public benefits when lawyers act professionally because disputes tend to get resolved more efficiently and economically. This, in turn, enures to the benefit of those who must seek the assistance of counsel to help them resolve their disputes, thereby breeding trust and confidence in our system and methods of dispute resolution.

Conclusion Few would dispute that the practice of law can be difficult, demanding and stressful, especially as the legal environment and legal marketplace have become increasingly competitive and complex. Particularly in this context, professionalism matters, not only to assure professional success, but, as important, to assure both individual lawyers’ long-term satisfaction, fulfillment and well-being in the practice of law and the public’s trust and confidence in the legal profession’s ability to serve its clients well and in an efficient and economical way. Indeed, it may matter more now than ever. D Professionalism Resources cobar.org/professionalism

Richard L. Gabriel is a justice of the Colorado Supreme Court. He is also a member of the CBA/DBA Joint Professionalism Coordinating Council and the Professionalism Working Group of the Chief Justice’s Commission on Professional Development. He can be reached at richard.gabriel@judicial.state.co.us.

October 2015 I The Docket 9

RECONSTRUCTING PROFESSIONALISM: A Conversation with DBA-YLD Chair Mo Watson B y J e ssica A . Volz The Docket recently sat down with Maureen (“Mo”) Watson, an associate attorney with Fennemore Craig, P.C., to discuss her ambitions as Chair of the Denver Bar Association’s Young Lawyers Division.

FOR MO WATSON , a seasoned litigator and self-motivated graduate of the University of Denver Sturm College of Law, a caffeine-structured escape to D Bar Denver — the aptly-named Topof-the-Town café — was just what she craved on a Wednesday afternoon bookended with meetings. Sunshine glinted off the cranes surrounding the Colorado and Denver Bar Associations’ offices, as if to set the scene for a discussion highlighting an analogous version of welding the old progress with the new. With the air of a humble philosopher who knows how to steer an organization through tumultuous times, Watson took a sip of a latte sized in proportion to her grandiose ambitions and detailed her vision for building a bridge between generations.

Watson is the first to admit that the notion of “the lost generation” is not some outlandish piece of fiction. As she sees it, the fissure between generations in the legal profession is a call to immediate action — and that is coming from someone who has successfully defended hospitals, physicians, nurses and lawyers in civil actions and before regulatory organizations at the state and federal levels. “The challenges of transitioning into the practice of law have perhaps never been so great,” she said. For Watson and so many others, the antiquated formula for making one’s way in the world is facing significant change: “You used to be able to graduate from law 10 The Docket I October 2015

school, be recruited and then be trained in practice.” Although Watson notes that some firms still dedicate substantial resources to training new attorneys, a

“THE PROFESSION CAN REMAIN A PROFESSION, EVEN IN A CONTEXT OF RAPID CHANGE.” growing number of firms have reduced training initiatives and cut back on hiring new graduates. The competitive

market has forced many young attorneys out of the conventional law firm market and directly into solo practice or non-traditional careers. As a result, a growing number of new lawyers are left to fend for themselves as they combat the pressures of staggering student debt, an increasingly discerning client base, a shift in the delivery of traditional legal services and increased competition from the growing number of law school graduates. These are tough times indeed for those in the privileged role of being able to affect change by way of the law.

Despite the cloud of negativity that threatens to leave at least one genera-

“BE PERSISTENT; DON’T EVER BE AFRAID TO ASK FOR ADVICE.” tion in the ever-widening gap between education and gainful employment, Watson remains optimistic. She sees the Bar as having the unique power to provide the next generation of lawyers with the “natural” mentorship they require so

that, as she puts it, “the profession can remain a profession, even in a context of rapid change.”

Some of the most popular events that the DBA-YLD hosts are Barristers After Hours and court orientation days. Still, she feels that there is much more work to be done and hints at the fact that additional practice area previews and skills building events are on the horizon.

Given Watson’s prop ensi t y for strate g ic thinking and flair for putting two and two together (beyond naming her dog Atticus), it is no surprise that Denver Bar Association President Janet Drake invited her to be a key player in the DBA’s strategic planning agenda. As Watson describes her involvement, “It has been great to have peers that are doing the same thing that you’re doing.”

Still speaking of strategy under sunny skies, Mo Watson went on to offer some timeless advice to young lawyers,

wherever their career paths may lead them: “The most important part of networking is the follow-up. It’s what you do after you connect with someone that counts.” And as to the question of asking questions, Watson is equally emphatic: “Be persistent; don’t ever be afraid to ask for advice.” Perhaps that is, after all, a simple solution to many of the conundrums facing professionalism today. D Jessica A. Volz is a Communications and Marketing Specialist for the Colorado and Denver Bar Associations, as well as the Editor of The Docket. She holds a Ph.D. in English/Strategic Communications from the University of St. Andrews and a B.A./M.A. in European Studies and Journalism from Boston University. She can be reached at jvolz@ cobar.org.

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October 2015 I The Docket 11

WHY JOIN THE BAR?:

What It Has Done for Me and What It Can Do for You B y K e v in E . McR e y nold s

O

ne of the benefits of attending so many Young Lawyers Division (YLD) events is that I get to meet a lot of the new attorneys who join our legal community each year. I am often asked why it’s worth continuing to be a member of the Denver Bar Association after the free year ends and what young lawyers gain by belonging to the Bar. Belonging to the Bar will help you build a foundation that you probably didn’t have coming out of law school: the certainty of the kind of practice that you want; a job and clients in that practice area; and a professional network that includes lawyers from every other area of practice. The Bar has done all of these things for me and more.

When I first moved to Colorado, I got involved with the YLD for a pretty simple reason: I did not know anybody in Colorado.

Seeking out other young lawyers seemed only natural, particularly because I was the only associate at the six-attorney firm that I had just joined.

Through YLD events, I developed relationships with other attorneys who had very different jobs, practices and types of clients than those that I did. This was invaluable in itself. I gained insight into what other practices were like; I made friends and connections with people whom I could recommend with confidence and who could refer work back to me in kind.

Spending time around so many community-minded young

12 The Docket I October 2015

(Top Photo) At the Barristers Benefit Ball on April 15, 2015 — (from left) Kimberly Martin, Leia Ursery, Suzanne Currier, Ben Currier, Kevin E. McReynolds and Anjuli McReynolds.

At the Union Station 15 by 15 party on November 13, 2014 — Kevin E. McReynolds, Jeffrey Land and Genevieve Michelle Sabotnik. attorneys encouraged me to take on a pro bono case through one of the groups that works with the Bar: the Rocky Mountain Immigrant Advocacy Network (RMIAN). This marked an unexpected turning point in my career.

What had at first appeared to be a simple case ended up taking nearly two years to resolve. It finally ended when the Tenth Circuit vacated the order to deport my client. Beyond providing

(Top) At the CBA and DBA YLD Happy Hour June 25, 2015 — Matthew Kilby, Sutate Ramaiah and DBA-YLD Council Members Kevin E. McReynolds and Chris Levkulich. me with the obvious satisfaction of helping a pro bono client in this way, this case gave me a crash course in appellate practice — and I loved it.

Having pinpointed an area of practice that I was passionate about, I went to CLE programs that focused on appellate work.

One of these was a DBA-YLD “Coffee Talk” program on oral

“So, if, like me, you didn’t come out of law school knowing exactly what kind of lawyer you wanted to be, belonging to the Bar can help you.” arguments, which was taught by two members of the Attorney General’s office who had argued more than 100 appeals between them. I left feeling a bit envious.

I later decided to leave private practice and join the Criminal Appeals Section in the Office of the Colorado Attorney General.

I now practice exclusively in Colorado’s appellate courts, and the DBA-YLD is the reason that I have a career in appellate law.

So, if, like me, you didn’t come out of law school knowing exactly what kind of lawyer you wanted to be, belonging to the Bar can help you. The YLD even has a special program called “Practice Area Preview” that helps young attorneys decide on a career path. We have more senior YLDers with jobs in specific areas explain what their work is like, what they like and dislike

about it and how they ended up in their current careers.

If you have already found your ideal practice, you can still learn how to develop that practice (and boost your client referrals) by being involved in the Bar Association. As much as you may like the other people in your practice area, it’s the community of lawyers in other areas who are more likely to send you a client.

Will belonging to the Bar Association prove as valuable to you as it has been to me? The answer is: Yes, it can. The DBA is a professional organization made up of thousands of local attorneys; it supports more than 60 programs that can help define and grow your practice. As with any resource, its greatest value goes to those who use it. D Kevin E. McReynolds is an Assistant Attorney General in Colorado’s criminal appeals section. He also serves as the Denver Bar Association’s Second Vice President and is a member of the DBA Young Lawyers Division Council.

He can be reached at Kevin.McReynolds@state. co.us.

October 2015 I The Docket 13

FORMER APPELLATE ATTORNEY ELIZABETH HARRIS JOINS THE COLORADO COURT OF APPEALS Harris became a primarily appellate attorney. She clerked for The Honorable John Porfilio on the Tenth Circuit Court of Appeals, where she learned the real-world pressures and challenges that judges face. Later, she worked on federal criminal appeals in Denver’s Federal Public Defender’s office, where she stepped into an advocate’s role. In private practice, she fought for clients on civil appellate matters while an associate at Jacobs Chase (now Husch Blackwell).

More recently, she operated a solo appel-

“...JUDGE HARRIS HAS MADE QUITE A NAME FOR HERSELF IN THE LEGAL PROFESSION.”

B y K ei t h Le w is Judge Elizabeth Harris was sworn in to the Colorado Court of Appeals on July 23, 2015, when she zipped into the black robe and transitioned from an advocate to an arbiter, advancing an already impressive legal career to the next echelon.

Judge Harris developed a sense of justice at an early age. When she was in fifth grade, her mother — a single mom and homemaker — decided to attend law school, eventually working as a court-appointed juvenile attorney and demonstrating an activism that clearly

14 The Docket I October 2015

impressed the future judge. In fact, Harris’ mother must have been the role model of choice for all of her children, each of whom ultimately became a lawyer. Today, Judge Harris’ sister, Pamela Harris, is on the United States Court of Appeals for the Fourth Circuit. Judge Harris also has a brother and a sister who practice criminal defense in Portland and Washington, D.C. respectively.

From her mother’s inspiring story to her own charismatic work ethic, Judge Harris has made quite a name for herself in the legal profession. After attending Georgetown University and New York University Law School, Judge

late practice in Denver until she was drafted by Governor Hickenlooper to join Colorado’s busiest appellate court.

As she reflects on her transition to the bench, Judge Harris confesses that it has been easier than she expected.

She reminds us that although appellate judges are somewhat confined by deferential standards of review and the arguments of the parties, they are liberated in the sense that they do not have to be tied to any particular client’s argument. An appellate judge can apply the law neutrally, whereas an advocate must remain loyal to his or her client’s position.

Judge Harris has also gained a new perspective from the other side of the podium. She has often been perplexed when observing attorneys playing it too safe where there is room for development in case law. She advises appellate attorneys to “spend a lot of time with your case and be thoughtful about the arguments.” As she says, “There is room for attorneys to be pushing on some issues.” At the same time, she notes that “they could yield on other, less persuasive issues.” Judge Harris stresses that careful reasoning and precision are the hallmarks of great appellate advocacy.

She jokes that when she was a lawyer

in private practice, she would routinely hear appellate judges presenting at CLEs, imploring lawyers to shorten their briefs.

Only now does she fully understand the unanimous plea of all those judges and their word count admonitions. “Word count is not persuasive,” she chides with a knowing smirk, acknowledging herself as a former culprit.

The collegial decision-making on the appellate panel has come naturally and agreeably for Judge Harris. “My colleagues are very open to the other judges’ opinions on cases,” she says. She finds that judicial deliberations reflect “a really good balance between standing firm on one’s convictions while also keeping an open mind.” In her view, that seems to be the best way for the panel to work.

Judge Harris has a passion for public interest legal representation. As a former public defender who also “kept one foot in the criminal defense world” during her large firm days, she is passionate about advancing the Bar’s pro bono work in her extrajudicial time. She feels that the rise of pro se representation in our courts is unfair and could lead to widespread discouragement and loss of faith

in the system. It is also inefficient and frustrating for trial judges. She hopes to encourage more pro bono and modest means participation among members of the Bar. Her worry is that even the perception of the justice system’s disparate treatment of rich and poor is enough to erode respect for our courts. That is, according to Judge Harris, a line that must never be crossed. D

Keith Lewis is a Denver-based appellate and trial attorney.

He can be reached at keith@lewislawdenver. com.

Judge Elizabeth Harris took office as a Judge of the Colorado Court of A ppeals, replacing the retiring Judge James Casebolt on July 23, 2015.

DBA YLD Law Suit Days Oct. 7–8

On Wednesday and Thursday Oct. 7 and 8, the Denver Bar Association Young Lawyers Division will accept donations on the steps of the Denver City and County Building, 1437 Bannock St., from 8 a.m. to 1 p.m.

Donate gently used professional clothing, shoes, and accessories. Clothing should be clean and on hangers. Donations will be accepted only at the Denver City and County Building on the dates listed above. The DBA YLD will not be able to pick up donations and cannot accept donations on alternative dates.

Donations will be given to Bayaud Enterprises. Bayaud Enterprises, Inc. is a local nonprofit that provides vocational training, job coaching, résumé building, and job placement services for individuals with physical, mental, and emotional disabilities, as well as to homeless or low-income individuals and families.

Please note: If the weather is bad, the donation site will be moved to the second floor of the rotunda just inside the entrance to the Denver City & County building. Thank you in advance for your participation!

Questions? Contact Chris Levkulich at clevkulich@gmail.com.

October 2015 I The Docket 15

PEER-TO-PEER PROFESSIONALISM HELP

B y C r aig E le y It is pretty difficult to get in trouble in most states (including Colorado) for calling opposing counsel a name. When a situation turns really sour, the attorney discipline machinery will sometimes lurch into action. A couple of attorneys in Illinois recently pushed the envelope and it pushed back. One called opposing counsel a “pervert,” “whore” and “child molester.” The other was comparatively gentle, using “fool,” “idiot” and “slime-ball” on his adversaries. Both attorneys faced disciplinary actions.

What, then, do you do about attorneys who have the common sense not to defame you on the record but who are nevertheless inconsiderate, rude or unprofessional? For that which violates the Rules of Professional Conduct, there is Attorney Regulation Counsel. For everything else, there is the Peer Professionalism Assistance Group (PPA).

Members of the PPA are experienced attorneys who are interested in raising the level of professionalism in the legal profession. They volunteer to mentor and assist when an attorney notifies them of a problem that he or she is having with another attorney. Issues can range from inconsiderate scheduling and unreturned telephone calls to personal verbal attacks, profanity or unnecessary contentiousness in communications and litigation.

The PPA evolved from the Denver Bar Association’s Conciliation Panel, which began in the mid-1990s. Realizing that professionalism was not just a Denver goal, bar associations from other counties — Arapahoe, Douglas, Jefferson, Elbert, Gilpin, Adams and Broomfield — joined the effort. When that happened, the name changed to the Metropolitan Conciliation Panel. The present name has been in effect since 2009 and reflects the group’s desire to achieve statewide participation.

Help from the PPA, which is free of charge, can be solicited by calling the Colorado Bar Association or by going to the PPA’s website at cobar.org/ppa. The first page of the website features the names and contact information of the attorneys who are on-call for the month. There is also a link to a complete listing of the PPA group members and their areas of practice. The requesting attorney may contact whomever he or she believes would be best equipped to address the problem and is not limited to choosing from those on-call.

Unless referred to the PPA by a court, participation by the opposing counsel is voluntary. When that attorney refuses to take part, the PPA member can still offer assistance by instructing the requesting attorney about possible methods of alleviating the difficulties. PPA Co-Chair Teresa Wilkins explained that the requesting attorney sometimes does not

16 The Docket I October 2015

want opposing counsel to be contacted. Instead, the requester may prefer techniques for coping with opposing counsel and ways of encouraging opposing counsel to adopt more reasonable behavior. PPA members are happy to help attorneys who are seeking to handle their issues without intervention.

In many cases, the most appropriate approach is for the PPA member to contact opposing counsel. According to Wilkins, the opposing counsel may not be aware of how he or she is being perceived and may welcome advice from the PPA member

“

We have all had to come to grips with the hard truth that even Atticus Finch wasn’t perfect.”

about how to improve relations with other lawyers. Wilkins surmised that some attorneys may not have had the opportunity to develop in the practice alongside experienced, professional attorneys. In most instances, both attorneys can benefit from a little education.

The PPA does not report to an agency, and all of its actions are kept confidential. When a referral is made by a court, the judge is told when contact has been made with the respondent, but no other information is disclosed.

Sometimes the PPA member arranges for a meal or coffee with both attorneys present so that the issues can be explored face-to-face. Wilkins explained that in this era of impersonal electronic communication, it is easy to forget that there is a person with feelings at the other end of our correspondence.

Meeting with opposing counsel to discuss difficulties and misunderstandings is often all that is needed to improve a business relationship.

We have all had to come to grips with the hard truth that even Atticus Finch wasn’t perfect. Attorneys, like everyone else, sometimes display uncharacteristic behaviors when confronted with family or medical problems. When the practice of law turns unpleasant, it might be time to call on the expertise of PPA members to turn the situation around — for the good of yourself, your client and your profession. D Craig Eley is an ALJ who sometimes yearns to remand attorneys to law school rather than to the PPA. He can be reached at craig. eley@state.co.us.

October 2015 I The Docket 17

THE INS AND OUTS OF THE INNS OF COURT

Becky Bye B y Beck y B y e The mission of the American Inns of Court is “to foster excellence in professionalism, ethics, civility and legal skills.”

Therefore, their essential purpose is to promote attorney professionalism and integrity.

The seven Colorado chapters of the Inns of Court maintain a robust presence in the legal community. They offer a representative cross-section of the legal professionals in our community, including private and public attorneys, judges from state and federal courts and local law students and professors. I feel privileged and honored to have been a member of the William E. Doyle Inn of Court since I was a law student. My membership has helped me throughout my varied legal career. Despite the collective enthusiasm for the Inns of Court and their enduring popularity in Colorado, many lawyers remain unfamiliar with the Inns of Court’s mission, why they exist and what distinguishes them from other voluntary legal associations, such as local and specialty bar associations.

This year, the American Inns of Court is celebrating 35 years of dedication to professionalism, ethics, civility and excellence.

In order to fully appreciate their purpose, one must understand their history. The history of the American Inns of Court, like the history of our legal system, ultimately begins in the United

18 The Docket I October 2015

Kingdom. There, solicitors and barristers are tantamount to attorneys in the United States. Whereas solicitors primarily perform transactional work and maintain client contact during litigation, barristers, also known as “advocates,” are the only lawyers allowed to advocate for clients in court. Solicitors hire barristers to work on a case when it is time to appear before a judge.

While solicitors and barristers are both lawyers, they go through separate schools, training schemes and requirements before they can obtain permission to practice their profession.

Solicitors follow a route to practicing law that resembles the one found in the United States: They must go through law school and pass a comprehensive licensing exam. Aspiring barristers, on the other hand, not only study law and take exams in programs separate from those of solicitors, they must also associate with one of four “Inns” in London where they are mentored and immersed in the art of advocacy. Participation includes, but is not limited to, mandatory lunches, dinners, study sessions and other programs. The Inns are centuries-old institutions. Each one is housed in a grandiose building with an immaculate garden. In London, these are the epicenters of barrister life.

Upon getting “called to the bar,” barristers maintain a lifelong relationship with their Inn and are expected to go there for lunches, formal dinners and seminars. They are also expected to perpetuate the generations-old tradition of mentoring new and future barristers.

Using this as a paradigm, the American Inns of Court formed and subsequently grew to comprise hundreds of local chapters across the country. While membership in the American Inns of Court is strictly voluntary, the Inns here are philosophically similar to those on the other side of the Atlantic. For example, American Inn members meet regularly (typically monthly) to mingle, dine and engage in programming pertaining to professionalism or the law. Inn chapters also emulate the U.K. Inns of Court by fostering mentorship and promoting open dialogue about the practice of law and professionalism. Inns further support these notions by grouping their chapters into smaller subgroups, or “pupilage groups,” which contain judges, senior attorneys, junior attorneys and students. Each pupilage group is responsible for organizing the presentation for one of the monthly meetings.

The Inns of Court have much in common with local and specialty bars, such as networking and dynamic programming.

However, Inns are unique in that the membership of one Inn does not change dramatically from year to the next. Their overarching purpose is to encourage from a holistic standpoint the high caliber of professionalism inherent in their members. The monthly meetings and consistent membership rosters also promote a higher level of engagement and more intimate dialogue amongst member attorneys.

I have been a member of my Inn for many years, and I strongly believe in the mission of the Inns of Courts. Nonetheless, I find it difficult to articulate why the Inns of Court are so special and unique.

Attending an Inn of Court meeting is quite the cathartic experience. No matter how trying my day is, no matter how seemingly impenetrable the traffic is on my way to the meeting, nothing can put a damper on the elation that I feel as I walk through the doors of the University Club for an Inn meeting.

At the end of the night, attorneys leave with a renewed passion for the law. They are reminded of why they became lawyers in the first place and learn to overlook the wearisome aspects of practice, like endless emails and paperwork. The Inns allow lawyers to look at the bigger picture of the legal profession and to reflect on its defining purpose — to advocate for clients and to be their voice.

At each meeting’s conclusion, my faith in the law and our profession is restored. The Inns serve as a reminder that our country’s legal institution still impacts our clients and our society as profoundly as it did in England at the time of the signing of the Magna Carta 800 years ago. D

The annual "Celebration of Excellence Gala" hosted by the American Inns of Court at the U.S. Supreme Court. This year’s Gala also features a Magna Carta Celebration.

Becky Bye has been a member of the William E. Doyle Inn of Court since 2003 and currently serves on its Executive Council. She is also on the Editorial Board for the American Inns of Court’s magazine, The Bencher. She can be reached at beckybye@gmail.com.

The American Bar Association’s “Magna Carta: Enduring Legacy 1215-2015” traveling exhibit will be on display at the Ralph L. Carr Colorado Judicial Center from November 9-20, 2015: americanbar.org/groups/public_services/law_library_congress/magna_carta.html.

HOW TO JOIN AN INN: Each of the seven Inns in Colorado has its own rules and requirements for becoming a member. For more information, visit the American Inns of Court website at innsofcourt.org. Most Inns require prospective members to attend one of the Inn meetings as a guest before joining. I would recommend contacting someone you know at an Inn about being their guest at an upcoming meeting. If you are unacquainted with an Inn member, you can also contact the Inn directly to inquire about attending a meeting. Please also feel free to contact me at beckybye@gmail.com if you have any questions.

The Denver Bar Association Seniors Committee presents

Bennett S. Aisenberg For Roasting

Tuesday, OcTOber 6

5:30 p.m. Cocktails I 6:15 p.m. Dinner I 7 p.m. Roast

The universiTy club 1673 Sherman Street, Denver Tickets are $50 per person

RSVP to Heather Folker at 303-824-5350 or hfolker@cobar.org October 2015 I The Docket 19

HEATHER COLMAN wanted to share a couple pictures from her recent trip to ARGENTINA. The first picture is of her and a friend visiting a vineyard in MENDOZA. The second picture is from a class in BUENOS AIRES where she made empanadas and other traditional Argentine food. Heather says that they were both great experiences.

Email Heather at colemanh217@gmail.com.

MARSHALL SNIDER visited VIETNAM, CAMBODIA and AFRICA. (From left) Hanoi Hilton (prison in which U.S. servicemen were held in Hanoi during Vietnam War); statues at Angkor Thom temple ruins, Siem Reap; and children from the Himba tribe, Namibia. Email Marshall at msniderarb@comcast.net.

PAUL CHESSIN Visited BRITISH COLUMBIA and MAINE. (From left) The shores of the Columbia River.

The Sheepscot River in Maine. Email Paul at paul.chessin@post.harvard.edu.

SHANNON WEIGEL and her fiancé Clint took a trip to the JUNGFRAU, SWITZERLAND this past June. (From left) Schilthorn and the Eiger Trail. Email Shannon at sweigel@bbdfirm.com.

20 The Docket I October 2015

TEN QUESTIONS

10 QUESTIONS: STEPHANIE VILLAFUERTE

Recipient of the 2015 Denver Business Journal Outstanding Women in Business Lifetime Achievement Award 1.Where did you go to law school and where are you currently working?

I attended UCLA Law School (Class of 1991). I currently serve as the Executive Director of the Rocky Mountain Children’s Law Center, a nonprofit organization dedicated to protecting Colorado’s abused and neglected children through legal advocacy and public policy reform.

2. Why did you become a lawyer?

I knew I wanted to be a lawyer by the time I was 16 years old. I wanted to help protect women and children from child abuse, sexual assault and domestic violence. I have been fortunate to have been able to pursue my passion for all 24 years of my legal career.

10. If you weren’t a lawyer, you’d be: I would open a bakery and sell people cinnamon rolls all day. It would be great to make people so happy!

More about you: Born: Omaha, NE Lives: Evergreen Hometown: Colorado Lives with: my husband of 24 years, my 16-year old daughter and my dog, Smores.

Is there anything else that you would like to share?

My favorite movie is The Sound of Music. I know every lyric by heart. D

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

The best advice I have been given is: In life, you will meet two types of people — the ones who build you up and the ones who tear you down. In the end, you will thank both of them for making you stronger.

4. What are your favorite places to travel?

My favorite place to travel is anywhere in South America. I particularly love Ecuador (Galapagos Islands) and Peru.

5. Which Denver restaurant would you say is crème de la crème?

Any place that can make a righteous burger and truffle fries.

6. What is your biggest pet peeve?

People who aren’t polite — hold the door open for those nice people behind you! It only takes a minute, and it makes people feel just a little bit better during their day!

7. What is your favorite childhood memory?

Sitting in Washington Park with my mom when I was eight years old, eating a bucket of Kentucky Fried Chicken and watching the sun go down.

8. How do you de-stress?

I love long distance and endurance sports. I have ridden the Triple Bypass twice, Ride the Rockies and just completed the Boulder Half-Ironman.

9. What’s your favorite board game?

I like Trouble! I just like the name.

October 2015 I The Docket 21

“THE COLORADO ENTREPRENEUR SHOW”: Trevor Crow’s Cool Side Gig B y K ei t h Le w is Readers might recall that over the course of the past year, The Docket sought out the DBA members boasting the coolest gigs that they do when they are not practicing law. The results are in: It turns out that DBA members are even cooler than we expected! From firefighters to musicians and podcasters, Colorado lawyers are certain to inspire others to nurture their own passions and hobbies, even if they only have nights and weekends to devote to them.

This month, The Docket sat down with Trevor Crow, a Denver attorney and creator of “The Colorado Entrepreneur Show,” an up-and-coming podcast focused on Colorado startups. Crow is a rising transactional star at one of Colorado’s largest land use transactional firms, Otten Johnson. After earning a business degree at CU Boulder, and completing a J.D. and Tax LL.M. at DU, Crow joined Otten Johnson, where he continues to work on a variety of business and real estate transactions.

After spending a few years advising Colorado businesses, Crow become interested in Colorado’s burgeoning startup scene.

Colorado’s entrepreneurs do not garner the same media coverage as their counterparts in the Silicon Valley or New York. In this comparative void, Crow saw an opportunity. “The Colorado Entrepreneur Show” launched its first podcast in January 2014. Crow jokes that it had an audience comprised of “mainly my parents.” However, the subsequent growth of “The Colorado Entrepreneur Show” has been no joking matter. While interviewing some of Colorado’s most intrepid and intriguing entrepreneurs, the podcaster has amassed a following that now numbers in the thousands.

“The Colorado Entrepreneur Show” aims to provide “inspiration to entrepreneurs along their journey or to ‘wantrepreneurs’ who need a little nudge to take the leap.” During each of the nearly 50 episodes released so far, Crow interviews a Colorado entrepreneur about the breakthroughs and challenges facing today’s startups. The theme of the show tends to be light-hearted; it centers on inspiration and how to learn from those who came before us. The podcast is a far cry from an economics lecture; it is more comparable to friends and colleagues sharing war stories over a beer.

Crow is actively involved in several groups that promote Colorado entrepreneurs, such as New Tech Denver and Built in Colorado. Rockies Venture Club is another group connecting investors with new business owners in Colorado. Despite this group’s success, Crow suspects that an overall lack of venture capital funding and angel investors in Colorado is holding back the Centennial State compared to the Silicon Valley and East Coast startup scenes.

Even with Crow’s advanced training in business and law, he admits that he has become enlightened while learning about the day-to-day frustrations of business owners. Issues like how to best incentivize and compensate employees, how to raise capital and how to handle administration issues are repetitive concerns among many business leaders. Crow believes he has gained insight through his interviews with nearly 50 Colorado entrepreneurs in the trenches of innovation. He reminds us that we can transfer the skills we have developed as attorneys and apply them to our passions, whether as an alternative career or simply a cool side gig. D “The Colorado Entrepreneur Show” is a web-based podcast that can be found at thecoeshow.com.

More information about its host, Trevor Crow, can be found at ottenjohnson.com/people/attorneys/crow-trevor.

Keith Lewis is a trial and appellate litigation attorney based in Denver. He can be reached at keith@lewislawdenver. com.

22 The Docket I October 2015

October2014

October 2015

The Chief Justice of the Supreme Court of Colorado, the President of the Colorado Bar Association, the Chief Justice’s Commission on Professional Development, and the Deans of the University of Colorado School of Law and the University of Denver Sturm College of Law have proclaimed October 2015 to be Legal Professionalism Month in the State of Colorado.

The aim of the month is to encourage members of the legal profession, professional entities, and judicial officers and staff to rededicate themselves to demonstrating the highest standards of professionalism and integrity and promote public confidence in the profession and the court system.

Visit cobar.org/professionalism to view a list of events occurring across the state in conjunction with Legal Professionalism Month.

October 2015 I The Docket 23

ENGAGEMENT RETAINERS: HANDLE WITH CARE RPC 1.5. In other jurisdictions, it is referred to as a “classic” or “general” retainer. The Colorado Supreme Court defines an engagement retainer as a “fee paid, apart from any other compensation, to ensure that a lawyer will be available for the client if required.” The concept of “availability” means foregoing other client matters or giving the client’s work priority for a certain period of time.

An identifying characteristic of an engagement retainer is what it is not: It is not compensation for legal services. (As a Comment to Colo. RPC 1.5 states, “A fee is an engagement retainer only if the lawyer is to be additionally compensated for actual work, if any, performed.”)

A lawyer must bill separately for legal services rendered.

An engagement retainer fee is earned upon receipt.

The theory is that the client receives an immediate benefit from the lawyer’s agreement to be available to the client for a defined period of time or to give priority to the client’s work. By providing the client with this interpretation of “benefit,” the lawyer satisfies an important principle stated in Colo. RPC 1.5(f): “Fees are not earned until the lawyer confers a benefit on the client or performs a legal service for the client.”

Even though an engagement retainer is earned upon receipt, it is subject to refund. This, however, seems inconsistent. The only way to reconcile these principles is to recognize that what the client receives immediately is not so much availability, or priority — which is inherently prospective in nature — but rather the intangible peace of mind that accompanies the attorney's pledge of availability or priority.

What are “Availability” and “Priority”?

B y A lec R o t hro ck

E

ngagement retainers are dangerous in the wrong hands and are only appropriate in specific circumstances. All too often, Colorado lawyers label an advance payment of attorney fees as an engagement retainer so that they can pay themselves something before they have performed any substantial legal work — in other words, it becomes a signing bonus.

They then treat the engagement retainer fee as compensation for legal services to be performed in the future. Lawyers who erroneously call an advance payment of fees an engagement retainer and who subsequently treat the money as their own risk the presumptive consequence of disbarment. Lawyers who are unclear about engagement retainers should avoid them altogether.

What is an Engagement Retainer?

An “engagement retainer” is also called an “engagement retainer fee,” which is the term used in the Comment to Colo.

24 The Docket I October 2015

“Availability” and “priority” are tangential concepts.

“Availability” refers to when a lawyer is ready to provide legal services to a client, even if it means declining other clients’ work or other commitments. For example, a lawyer must turn down work requested by another client or prospective client if that work, because of its labor-intensiveness, would prevent the lawyer from devoting time to the client who paid the engagement retainer. Availability also means turning down matters that would create a conflict of interests that would prevent the lawyer from representing the client who paid the engagement retainer.

Typically, a lawyer agrees to be available to a client for a set period of time, such as a term of months or a year. Theoretically, a lawyer could agree to remain available to a client indefinitely, but if the client pays the engagement retainer in monthly or yearly installments, the lawyer’s promise of availability becomes monthly or yearly.

“Priority” is similar in meaning to “availability.” Sometimes a lawyer gives priority to a client in order to comply with his or her agreement to be available to that client. Sometimes it simply means that the lawyer agrees to do the client’s work before the

work of others and without regard to any of the lawyer’s other commitments, professional or personal. The corollary is that the lawyer will complete the client’s project before other clients’ projects. A lawyer who promises clients availability or priority in a promiscuous way may charge an unreasonable fee and mislead clients if the promises prove illusory.

Documenting and Handling an Engagement Retainer According to Colo. RPC 1.5, fee agreements for including an engagement retainer should comprise the amount of the engagement retainer, the service or benefit that justifies it and a statement that it is earned upon receipt. In any official inquiry, it is advantageous for the fee agreement to specify the service or benefit. At a minimum, this means noting the time period that the engagement retainer covers. If the client has had another lawyer review the fee agreement, that fact should be documented in the fee agreement or elsewhere in writing.

Even though the fee agreement should state that the engagement retainer is earned upon receipt, it should not state that it is nonrefundable. Engagement retainers are refundable, and, as Colo. RPC 1.5 makes clear, it is improper for a fee agreement to label a fee or retainer as nonrefundable.

An engagement retainer is subject to refund in the event of “changed circumstances.” The phrase “changed circumstances” is not defined in Colo. RPC 1.5. It includes any circumstance in which the lawyer cannot continue to be available or give priority to the client’s work for the remaining period covered by the engagement retainer. One example is when a client terminates the lawyer’s representation prior to the end of the engagement retainer period. The lawyer would, in that instance, be required to refund the remaining, unperformed portion of the engagement retainer — notwithstanding the fact that the engagement retainer is considered fully earned upon receipt. Another example is when the lawyer is unable to carry out the remaining period of availability or priority because of ill health, suspension of the lawyer’s law license or a career change. Calculating the refund may be as simple as counting the number of days the lawyer was and was not available during the period covered by the engagement retainer.

Since an engagement retainer fee is earned upon receipt, it must be deposited in the lawyer’s operating account. In contrast, a retainer paid for future legal services must be deposited in a trust account as stipulated in Colo. RPC 1.5 and Colo. RPC 1.15 until it has been earned. It goes without saying that, when refunding an engagement retainer, the refund must come from the operating account or the lawyer’s personal funds, not the trust account. Again, fees for legal services must be charged separately.

A lawyer should not treat a single payment of money as compensation for both availability and future legal services.

Trust account funds intended for deposit must be deposited intact as provided in Colo. RPC 1.15C(a). Therefore, the client (or third-party payer) must make separate payments, one for the advance fee (deposited in a trust account) and another for the engagement retainer (deposited in an operating account).

An Engagement Retainer Must be Reasonable As with any fee charged by a lawyer, an engagement retainer must be reasonable in amount. In considering the issue of reasonableness, a court or regulator will consider the factors set forth in Colo. RPC 1.5(a), some of which involve circumstances existing at the time the fee agreement was entered into and others of which involve circumstances occurring afterwards.

Lawyers must be prepared to show what they did to earn the engagement retainer, such as turning away business or working on the client’s matter at the expense of other client matters. If the engagement retainer is nothing more than a one-time payment to entice the lawyer to take the client’s case, it is not a true engagement retainer, and it may be considered misleading to call it one.

At least in theory, the amount of fees that the lawyer charges the client for services rendered should have no bearing on the reasonableness of the engagement retainer. However, if the cumulative amounts charged for the engagement retainer and the legal services are high and the lawyer can only provide

Lawyers who are unclear about engagement retainers should avoid them altogether.” a cursory explanation of the benefit conferred on the client in exchange for the engagement retainer, the overall impression will be one of overreaching. Facts weighing in favor of the reasonableness of an engagement retainer include: a detailed explanation of the engagement retainer in the fee agreement; a pre-execution review of the fee agreement by the client’s independent counsel or the lawyer’s recommendation to the client to have the fee agreement reviewed by independent counsel; and the sophistication of the client in legal matters in general and engagement retainers in particular. It also helps if the client is wealthy and if he or she is the one who proposes the engagement retainer.

Conclusion There is a time and a place for engagement retainers. However, they are relatively rare and often misunderstood, even by the lawyers who charge them. Lawyers must be prepared to overcome the impression that engagement retainers compensate the lawyer for doing nothing or that they constitute a premium paid on fees charged for legal services. In short, lawyers who do not understand engagement retainers should not charge them. D Alec Rothrock is a shareholder with the Greenwood Village law firm of Burns Figa & Will, P.C. and an adjunct professor of legal ethics at the University of Denver Sturm College of Law. He practices in the area of legal ethics and the law of practicing law. He is a former chair of the Colorado Bar Association Ethics Committee. He can be reached at arothrock@bfwlaw.com.

October 2015 I The Docket 25

ABA ANNUAL MEETING:

HIPor HYPE B y K l ar alee C h arlt on The Colorado and Denver Bar Associations offer so many excellent benefits and opportunities that membership and participation in the American Bar Association (ABA) often goes by the wayside for many Colorado attorneys, including myself. For active ABA committee members, the ABA annual and midyear meetings serve as opportunities for committee members to meet face-to-face to discuss issues confronting the committees, brainstorm future programming and develop proposed policy positions. If you are not already an active American Bar Association committee member, you may wonder why you would want to attend an ABA annual meeting. After experiencing the ABA’s Annual Meeting in Chicago at the end of July, I saw three primary motives for attending: 1) CLE Credits, 2) Policy Making Opportunities and 3) a Tax Deductible Vacation. While every attorney has different reasons for making a pilgrimage to the ABA Annual Meeting, there is a prevailing consensus that the event is worthy of the hype.

CLE The most obvious reason to attend the Annual Meeting is for the CLE opportunities. If December 31 of your three-year CLE period is creeping up on you, the Annual Meeting offers an excellent forum at which CLE bingeing is the norm. Between Thursday and Sunday, you could earn more than 20 CLE credits. Considering that the All Access Pass has a price tag of $500, each CLE credit would cost you around $25 — an excellent deal, especially since you don’t have to take long lunches, leave work early or sit through monotonous webinars to earn your credits one by one.

The CLE presentations offered at the ABA Meetings are on cutting-edge topics taught by some of the top practitioners in the nation. Some of the CLE presentations that I attended included a tour of recent Supreme Court decisions, a debunking of the myths surrounding copyrights and trademarks and a status report on the regulation of drones in the United States.

POLICYMAKING If you long for the “good old days” of student government and Robert’s Rules of Order, now is your chance to become one of the 559 Delegates to the ABA House of Delegates. New attorneys can be a delegate to the Young Lawyers Assembly and shape the ABA Young Lawyers Division’s position on issues facing the House of Delegates by debating resolutions raised by other young attorneys. The House of Delegates is the policymaking body of the ABA. Among its many endeavors, the House of Delegates creates and revises the ABA’s Model Rules, which are

26 The Docket I October 2015

adopted by entities across the nation. Even if you are not a Delegate, you can still attend many assembly meetings and watch colleagues debate significant issues that are facing the national legal community.

A warning to the wise: If your reasons for attending the Annual Meeting are based on motives No. 1 or No. 3, do not become a delegate. A delegate’s time commitment is significant and will conflict with your ability to binge on CLE presentations and take in the surrounding attractions.

TAX DEDUCTIBLE VACATION The third reason to attend the ABA Annual Meeting is if you need a tax deductible excuse to get out of town. As a tax attorney, I can’t imagine a better reason. I overheard several attorneys regaling colleagues with stories of how they’ve attended the ABA meetings for years and “written it all off.” If this is your reason, just be sure your deductions are in compliance with Section 162 of the Internal Revenue Code, which permits income tax deductions for travel expenses related to a taxpayer’s trade or business. Deductions not reimbursed by an employer are deduct-

“While every attorney has different reasons for making a pilgrimage to the ABA Annual Meeting, there is a prevailing consensus that the event is worthy of the hype.” ible on Schedule A, so if you itemize, your expenses related to attending the Annual Meeting are deductible including: annual meeting registration fees, hotel, flights, baggage, 50% of meals or the IRS’ standard meal allowance, taxi fares, dry cleaning and Wi-Fi. If your family attends, their expenses are not deductible.

As with any tax deduction, keep adequate records to substantiate your expenses in the event of audit and include a schedule of the conference events and a diary documenting the events that you attended.

These meetings also invite attendees to reunite and socialize with fellow practitioners with whom they have established relationships through their involvement with the ABA. Whichever reason(s) you choose to cite, I strongly encourage you to consider attending an ABA Annual Meeting or the midyear meeting. You can take my word for it that you will be glad you attended come April 15. D Klaralee Charlton (Chair-Elect of DBA-YLD) is an associate with Katz, Look & Onorato, P.C. and practices in their tax and estate administration divisions. Klaralee graduated from the University of Utah S.J. Quinney College of Law and received her Masters of Tax from the University of Denver. She can be reached at kcharlton@ thedenverlawyers.com.

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got ethics?

LIVE CLE SEMINARS AND LIVE CLE WEBCASTS CLE REQUIREMENTS Every practicing attorney in the state of Colorado is required to fulfill 45 credits within a three-year period. Of those credits, seven must be ethics credits. The State of Colorado has approved for all CLE credits to be fulfilled through homestudy. You may check your CLE transcripts online at www.coloradosupremecourt.com.

HOMESTUDY AFFIDAVITS Please note: CBA–CLE homestudy materials do not include a CLE affidavit. The Supreme Court CLE office issues a 6-digit Course ID# for each accredited program. The Course ID# is the receipt for your homestudy purchase.

Online homestudy purchasers can also locate the 6-digit Course ID# on the affidavit link from their CBA-CLE Dashboard.

The online submission process is easier if you know the 6-digit Course ID#. For more information on how to submit your CLE credit online, please visit www.cobarcle.org and read the FAQs for online submissions.

To Sign Up for Live Programs or Homestudies,go to

www.cobarcle.org or call us at 303.860.0608 toll free 888.860.2531

October 8

Ethics and Professionalism in the Practice of Law Offered for 4 Ethics Credits

Nov. 17 or 18

Annual Ethics Revue, Lannie’s Clocktower Cabaret, Denver, CO Offered for 3 Ethics Credits

Nov. 10 and December 15

Colorado Supreme Court Attorney Regulation Counsel – Practice and Financial Monitor Class Offered for 3 Ethics Credits

Nov. 20

Ethics 7.0 Offered for 7 Ethics Credits

December 18

Sean Carter on Ethics Offered for 6 Ethics Credits

All seminars are offered at the CBA CLE Office, 1900 Grant St, 3rd floor, Denver, CO 80203, unless otherwise noted

CLE HOMESTUDIES 2014 Ethics 7.0 ET112114 2015 Ethics in Litigation Update, Part 1 & Part 2 TS060915 Attorney Ethics in Transactional & Litigation Negotiations TS052115 Attorney Fees and Costs: Professional Liability Series ET051514 Colorado Legal Ethics – 1.1 to 8.4 ET120414 Disqualification of Counsel: Professional Liability Series ET070814 Ethical Issues for Attorneys Serving on Nonprofit Boards ET112514 Ethics & Digital Communications TS041715 Ethics and Joint Representations TS061915 Ethics and Professionalism in the Practice of Law 2014 ET101014 Ethics and Technology – Hot Mouse Button Issues ET040814 Ethics for Estate Planners TS051515 Ethics for Transactional Lawyers TS032315 Ethics Revue at Lannie's Clocktower Cabaret 2014 ET110414 How to Become a Rock Star Lawyer – The Ethical Way ET120314AM Inadvertent Disclosure: Professional Liability Series ET051914 It's Not the Fruit, It's the Root: Getting to the Bottom ET122113 of Our Ethical Ills Marijuana – It's Not Just Pot Business Issues; Personal ET112213-05 and Medical Use by Attorneys; Criminal Issues; and The Feds New Colorado Rules of Professional Conduct 1.2: ET041014 Marijuana Law Update Preventing Legal Malpractice 2014 – TRANSACTIONAL Practice ET013014 Preventing Legal Malpractice 2014 – LITIGATION Practice ET013114 Preventing Legal Malpractice 2015 – Managing Risks ET020515 and Client Relations Preventing Legal Malpractice 2015 – A Perspective ET020615 on Practice Pitfalls The Opposing Party Just Sued Me ET060314 Colorado Bar Association

28 The Docket I October 2015

CLE

www.cobarcle.org 303.860.0608 888.860.2531

KENT DENVER: A CHAMPIONSHIP-CALIBER MOCK TRIAL TEAM Taking the High Road: A True Measure of Professionalism:

Front Row (left to right): Stephanie Podolak, Sophie Jalowsky, Roanan Keldin, Victoria Clark, Devyn Haecker and Bill Marlin.

Back (left to right): Josh Howell, Timothy Rastello, Dave Snyder, John Marlin, Reilly Rastello, Jarrek Holmes and Justin Howard.

B y Timo t h y M. R a stell o Resilient. Perhaps no other word more poignantly describes the members of Kent Denver’s High School Mock Trial A-Team. Together, the seven high school seniors and two juniors have amassed 26 years of experience through the Colorado Bar Association’s highly regarded Mock Trial Program.

Over the past four years, Kent’s A-Team has won three Arapahoe County Regional Tournaments. The team finished second this year — losing by one point to its understudies on Kent’s B-Team. During the 2012, 2013 and 2014 State Tournaments, Kent’s A-Team finished fifth, sixth and fourth respectively. The 2014 fourth-place finish was particularly disappointing because the A-Team had earned the presiding judge’s award for the Best Performing Team in the State Tournament but had missed the opportunity to advance to the 2014 State Championship finals. The “Group of Nine” A-Team was therefore determined to win the 2015 State Championship.

The student members practiced rigorously as soon as the CBA case plan was issued last November.

The Power of an Exemplary Work Ethic: Kent’s Mock Trial Program is con-

sidered an extracurricular activity: No course credit is provided for participation. It is an entirely volunteer-based activity that is bolstered by the enthusiasm and commitment of students, volunteer coaches (many of whom are CBA members), teachers and parents.

The Group of Nine convened to practice every Sunday and Wednesday evening from November until the State Tournament four months later. The team also met informally to practice and scrimmage in the early hours of the morning before classes and during weekends. They collectively invested more than 1,000 hours in preparation for the State Tournament.

Wherein Methodical Planning Can Go Awry: In late-March, the Group of Nine advanced to the 30th Annual State Tournament. The team that had worked so hard to accomplish its dream of bringing home the 2015 State Championship was, unbeknownst to them, mistakenly disqualified after the second round and removed to the consolation bracket for rounds three and four. Even so, at the end of the second round of the competition, the Group of Nine was one of only five undefeated teams: it ranked first in total points and second in terms of ballots won and point differential.

Resilient. Instead of challenging the Tournament’s final results, Kent’s championship-caliber team met with CBA Mock Trial Committee members.

They took the high road by requesting, in diplomatic fashion, an explanation of what had occurred. The discussion prompted substantive proposals regarding changes to the rules and procedures to prevent unfounded disqualifications from occurring in the future. D Timothy M. Rastello is a trial lawyer from Boulder. He practiced as a partner/ associate with Holland & Hart for 33 years and served as a coach for Kent Denver’s mock trial team during the past four years.

He can be reached at tmrlaw1@gmail.com.

ABOUT THE CBA HIGH SCHOOL MOCK TRIAL PROGRAM Since 1985, the Colorado Bar Association has sponsored the CBA High School Mock Trial Program. More than 100 high school teams participate. Hundreds of attorneys, judges, teachers and other community leaders volunteer their time to teach students about the judicial system and the trial process. Any Colorado high school, home school or community center program is welcome to participate. Students must be enrolled in grades 9–12 at the time of participation in the regional tournament. Each team must have at least one teacher/organizational sponsor and, ideally, one attorney coach. Teams having difficulty in finding an attorney coach may contact their local bar association and/or the CBA to assist in recruiting an attorney.

For registration information, please visit coloradohighschoolmocktrial.com.

October 2015 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.” Visit cobar.org/ watermanfund.htm for more information. 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: Teresa Wilkins: 303-791-9545 Dave Furgason: 303-861-8013 James O’Connor: 303-799-9001

Marion McBain: 303-635-2246 Sponsored by the DBA Peer Professionalism Assistance Committee.

COLAP 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).

For more information or for confidential assistance, please contact COLAP at 303-986-3345 or (toll free) 855-9862126. Visit our website at coloradolap. org.

DBA Placement Services 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, accounting, administrators and office assistants. Contact Mev Parsons or Amy Sreenen at 303-894-0014 or email dbaps@earthlink.net.

BRIEFS Barristers After Hours — Thursday, Oct. 15 The Denver Bar Association Young Lawyers Division, together with the Colorado Business Committee for the Arts (CBCA), invites all lawyers and law students to their October Barristers After Hours at the Wynkoop on Thursday, Oct. 15, from 5:30 to 7 p.m. Come learn about CBCA’s new program, Colorado Attorneys for the Arts, a legal referral service connecting limited-income artists and creative entities to attorneys providing pro bono legal services on specific, arts-related matters. Learn more at coloradoattorneysforthearts.org. Free drinks and appetizers will be provided. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Rocky Mountain Children’s Law Center Dinner — Friday, Oct. 16 Join the Rocky Mountain Children’s Law Center for a fabulous Casablanca evening as they raise vital funds to give Colorado’s abused and neglected children a life full of promise and hope! This year’s

30 The Docket I October 2015

“Here’s Looking at You Kid!” Annual Dinner takes place on Friday, Oct. 16, from 5:30–9:30 p.m. at the Marriott City Center in Downtown Denver and includes a night filled with specialty cocktails, exhilarating auctions, live music and a Moroccan-inspired dinner. Contact Tera Prim at tprim@childlawcenter.org or 303302-9910 to secure your spot.

Sam Cary Scholarship Endowment Fund Gala and Silent Auction – Saturday, Oct. 17 Join the Sam Cary Bar Association and the Scholarship Endowment Fund as they honor the Hon. Alfred C. Harrell, Claudia E. Abernethy and A. Tyron Glover on Saturday, Oct. 17, at the History Colorado Museum. For tickets and additional information please visit sambarybar.net.

October Coffee Talk @ the Ralph L. Carr Judicial Center — Wednesday, Oct. 21, 8:00 a.m.

Our newest Supreme Court Justice, Richard Gabriel, will share his thoughts, based on more than two decades in pri-

vate practice and seven years on the Court of Appeals, regarding what it takes to succeed in the practice of law. Topics will include how to navigate life in a law firm, tips for developing business, how to keep clients and supervising attorneys happy, how to deal with difficult clients and attorneys and what judges expect from the attorneys who appear before them. (One general CLE credit applied.)

This Coffee Talk is being held at the Colorado Supreme Court from 8:00 to 9:00 a.m., so allow time to get through security. RSVP by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Sign Up For Dba Lawyers Football League This fall, another season begins for the Denver Bar Association Lawyers Football League. The season runs from the weekend after Labor Day to the first weekend in November. Interested teams or individuals should contact John Stevens at jhs@giffordstevens.com or 303-495-5988.

Colorado GLBT Bar Association Foundation Inaugural Dinner – Thursday, Nov. 5 Join the Colorado GLBT Bar Association in celebrating their new 501(c)(3), non-profit arm, the Colorado GLBT Bar

Foundation. The mission and vision of the Colorado GLBT Bar Foundation is to promote the charitable and educational work of the Colorado GLBT Bar Association, to advance LGBT individuals in the law and to protect and empower Colo-

rado’s LGBT community as a whole.

Sponsorship and ticket options for the Colorado GLBT Bar Foundation’s Inaugural Dinner on Thursday, Nov. 5 at the Brown Palace Hotel can be purchased at coloradoglbtbar.org.

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

OCT. 1 Lawyers and Schools Committee Noon–1 p.m.

Call Meghan Bush, 303-824-5303

OCT. 7 Docket Committee Noon–1 p.m.

Call Jessica Volz, 303-824-5336 OCT. 8 DBA Board of Trustees 7:30–9 a.m.

Call Leah Achen, 303-824-5327 OCT. 12 Denver Access to Justice Committee Noon–1:30 p.m.

Call Meghan Bush, 303-824-5303

OCT. 14 Professionalism Coordinating Councils Noon–1 p.m.

Call Greg Martin, 303-824-5317 DBA Young Lawyers Division Council 6–7:30 p.m.

Call Heather Folker, 303-824-5350 OCT. 20 Community Action Network Noon–1 p.m.

Call Kate Schuster, 303-824-5312

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

OCT. 7 LawLine 9 500 East Speer Blvd 4–5:30 p.m.

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

Call 303-295-9470 OCT. 13 Veterans Clinic Bill Daniels Veteran Service Center, 1247 Santa Fe Drive Noon–2 p.m.

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

OCT. 15 Collections Clinic Denver City and County Building 1437 Bannock St, Room 164 11 a.m.–1 p.m.

OCT. 20 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

2100 Broadway 4–6 p.m.

LawLine 9 500 East Speer Blvd 4–5:30 p.m.

OCT. 28 LawLine 9 500 East Speer Blvd 4–5:30 p.m.

OCT. 21 LawLine 9 500 East Speer Blvd 4–5:30 p.m.

Colorado Poverty Law Clinic Colorado Coalition for the Homeless October 2015 I The Docket 31

Legal AFFAIRS GOOD THINGS CHBA Board Member and Past President Elizabeth Espinosa Krupa has been named to Senator Cory Gardner’s Judicial Evaluation Committee to fill an upcoming vacancy on the U.S. District Court of Colorado.

The Colorado Trial L awyers Association (CTL A) announces the election of Ross Pulkrabek from Jones & Keller Pulkrabek PC to the position of president. Pulkrabek leads a team of other newly-elected CTLA officers, including Michael Rosenberg of Levin Rosenberg PC, as president-elect; Michael Keating of Keating Wagner Polidori Free PC, as vice president; Sommer Luther from The Gold Law Firm, LLC, as secretary;

and Michael Nimmo from Hillyard, Wahlberg, Kudla, Sloane & Woodruff, as treasurer.

CHANGES Coan, Payton & Payne, LLC, is pleased to welcome Paul T. Maricle, to the firm. Maricle’s practice focuses on the areas Maricle of business and corporate law, international business and commercial transactions.

Ashley Daly Morgan has joined the trial department of Davis Graham & Stubbs LLP as an associate. Morgan’s practice focuses on commercial litigation and appellate matters, as well as False Claims Act and insurance litigation.

Nathaniel Wallshein joins the firm as a litigaWallshein tion associate. His practice

at the firm will focus on complex commercial litigation, probate litigation and appeals.

Hig g ins , Hopk ins , McLain & Roswell, LLC is pleased to announce that DeWick Amanda W. DeWick and Adria Robinson have joined the firm. The firm’s practice will continue to focus on construction law and general civil litigation.

Robinson BRICK & MORTAR Effective July 1, McKenna Long & Aldridge LLP merged with Dentons US LLP. Frankl Law Firm, PC has moved to 7400 E. Orchard Road, Suite 225 S., Greenwood Village, CO 80111.

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.

The United States Post Office requires this form to be published each year in the October issue.

32 The Docket I October 2015

The Community Action Network of the Denver Bar Association presents:

Please d n help fuships r scholakids for d! in nee

Fifth Annual

Strikes

forTykes

Benefiting Children’s Outreach Project

When:

Saturday, Oct. 17 11 a.m.–1 p.m.

Where:

Lucky Strike Lanes Belmar Belmar, 415 S Teller St., Lakewood

Cost:

Adults: $35 in advance; $40 at the door Children (12 & under): $15 Buy Your Own Lane (4 People): $150 Cost includes two games of bowling, shoe rental, soft drinks, and pizza bar.

RSVP:

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

Children’s Outreach Project (COP) is a non-profit, therapeutic preschool and child care center serving north Denver and the surrounding communities of Westminster, Thornton, Federal Heights and Northglenn. COP offers early childhood education programming using a play-based curriculum with personalized attention and low child to teacher ratios. COP welcomes children ages 2.5 to 6 and of all abilities. COP’s teachers are trained and educated in child development. COP’s program is complemented with a natural food program. In addition to its large playground, COP has an eco-classroom where children are encouraged to explore the outdoors. Founded in 1970, COP is well-established as a fully licensed, Qualistar-accredited facility.

October 2015 I The Docket 33

Picture THIS COBALT GRADUATION On June 19, 2015, nineteen CBA members joined the ranks of more than 150 graduates of COBALT, the CBA’s leadership training program. This year’s class attended monthly sessions from January through June at locations such as the Air Force Academy, Steamboat Springs, Denver and Manitou Springs.

2015 COBALT graduating class.

From Left: Charley Garcia, Brandi Lynn Nieto, Loren Brown and Jaclyn Casey Brown.

From Left: Charley Garcia, Trent Ongert, Loren Brown and Jaclyn Casey Brown.

From Left: Charley Garcia, Amy Gray, Loren Brown and Jaclyn Casey Brown.

BETTER LAWYERING THROUGH MINDFULNESS WORKSHOP

Speaker, Jeena Cho.

34 The Docket I October 2015

More than 65 attended the CBA, CWBA and COLAP sponsored program, Better Lawyering Through Mindfulness, on July 1 at the CBA-CLE offices. The workshop was presented by Jeena Cho, a San Francisco bankruptcy attorney, who was recently featured in a Wall Street Journal article about the current trend of lawyers “going zen.” The workshop explained the value of mindfulness and meditation as tools for the brain and gave attendees tips for stress and anxiety management, increasing focus and productivity and practical mindfulness techniques to employ in daily life.

DBA Happenings

ROUNDTABLE WITH ABA PRESIDENT-ELECT LINDA KLEIN On August 13, 2015, approximately forty guests convened at the CBA and DBA offices for an informal roundtable event with ABA President-Elect Linda Klein. After mingling with attendees over canapés, Ms. Klein, whose achievements include being the first woman to serve as president of the State Bar of Georgia, invited the assembly to bring to the Executive table their feedback on what the ABA can do to serve them more effectively. She made it clear that she was not there to give speeches but rather to listen attentively to the intergenerational discussion that the evening would inspire. One of the central themes presented was the unprecedented challenges that younger

generations of lawyers are facing in a world in which the very landscape of communication is changing. As Ms. Klein averred, the impact of social media and the decline of mentorship opportunities cannot be overlooked. Despite the attendees’ differing viewpoints and backgrounds, they shared a common passion for the practice of law and were unanimous in their opinion that the best thing about being a lawyer is having the ability to make a positive difference. The constructive feedback that the event occasioned is destined to make the ABA an even more dynamic and cohesive organization in the years to come.

ABA Roundtable discussion.

ABA President-Elect Linda Klein with leaders in the Colorado legal community.

2015 COLORADO LEGAL & TECHNOLOGY EXPO On August 21, Colorado Bar Association CLE hosted the 2015 Colorado Legal and Technology Expo. The all-day event, which was held at the Warwick Hotel, offered a wealth of informational sessions, CLE presentations on cutting-edge legal technology and an extensive list of exhibitors.

CLE employee Kate Noble.

Watson CEO and founder Brian Meegan.

Sarah Myers, Clinical Director, for the Colorado Lawyers Assistance Program.

October 2015 I The Docket 35

WHEN IT COMES TO CONFLICT RESOLUTION, JAMS KNOWS

EXPERIENCE MATTERS • 18 years of ADR experience • JAMS panelist since 2000 • Dual careers in nursing and law • Accepts mediations in: • personal injury

• employment

• business

• healthcare

• professional negligence Elaine A. Wohlner, Esq.

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Samuel Gordon, Esq. Hon. James S. Miller Hon. John P. Leopold Sheldon E. Friedman, Esq. Hon Harlan R. Bockman

6. John E. Hayes, Esq. 7. Randall C. Mustain-Wood, Esq. 8. Hon. William F. Downes 9. Collie E. Norman, Esq. 10. Richard P. Myers, Esq.

410 17 TH STREET, #1600 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254

11. Hon. James C. Klein 12. Hon. Norman D. Haglund 13. Hon. Frank N. Dubofsky 14. Kenneth R. Bennington, Esq.

Dispute Resolution Systems