2018 October November

Official Magazine of the Denver Bar Association

Vol. 40.6 I Oct / Nov 2018

Frustrated by the litigation maze?

Let JAG help find your way out.

Former Judges Achieving Resolution through Insight and Experience

2 I Docket I October/November 2018

Judicial Arbiter Group, Inc.

Denver, CO Colorado Springs, CO Birmingham, AL South Bend, IN

1-800-ARBITER www.jaginc.com

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2018 Arts & Literature Winners

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Lawyers Who Rock

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Meet Your New DBA BOT

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COLAP Wellness Corner

October/November 2018 I Docket I 3

INSIDE

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

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LETTER FROM THE EDITOR

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MESSAGE FROM THE PRESIDENT

9 BRIEFLY 30 RUNNING WITH THE BULLS 34 DATA SECURITY: ARE YOU IN COMPLIANCE? 36 THE PRIVILEGE OF PHILANTHROPY 37 NATIONAL PRO BONO WEEK

Legal Affairs

34

Picture This

Editor: Brendan Baker, bbaker@cobar.org Managing Editor: Jodi Jennings, jjennings@cobar.org Graphic Designer: Clair Smith, csmith@cobar.org Advertising: advertising@cobar.org Docket Committee: Ainsley E. Bochniak, Julie M. Borisov, Jerry R. Bowman, II, Scott H. Challinor, Craig C. Eley. David L. Erickson, Emma E. Garrison, James R. Garts, III, Peter E. Grandey, Ryan T. Jardine, Judith A. Keene, April H. Killcreas, Lauren Lockard, Kyle J. Martelon, Esq, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Paul F. Miller, Jr, Barbara J. Mueller, Kaitlin F. Nares, Heather O'Donnell, Gregory D. Rawlings, Sara C. Sharp, Marshall A. Snider, Daniel A. Sweetser, Erica N. Vargas, Anthony J. Viorst, Rachel L. Young

IN EVERY ISSUE 30

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.

2018–19 Chair: Paul Miller 2018 – 19 DBA Officers: Mo Watson, President; Kevin Reynolds, President-Elect; Lino S Lipinsky de Orlov, First Vice President; Justin L Cohen, Second Vice President; Franz Hardy, Immediate Past President; Daniel A. Sweetser, Treasurer; Jillian Mullen, YLD Chair; Diversity Bars, Yamini Grema; Executive Director, Patrick Flaherty 2018 –19 Board of Trustees: Josh Berry, Klaralee Charlton, Emma Garrison, Ruchi Kapoor, Matthew Larson, J. Ryann Peyton, April D. Jones and Mario Trimble.

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 Brendan Baker at bbaker@cobar.org.

The editor has the right to accept and reject submissions at his discretion.

303-860-1115 • dbadocket.org

VISIT THE

DOCKET BLOG

DBADOCKET.ORG 4 I Docket I October/November 2018

Copyright 2018. The Docket (ISSN 1084-7820) is published six times a year 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.

Photos from Shutterstock, iStock and Unsplash.

In this issue, we are very excited to present to you the winners of the 2018 Docket Arts & Literature Contest. We received dozens of compelling submissions this year, across a variety of media: poetry, painting, digital art, fiction, non-fiction, drawing and sculpture. Our panel of judges had a very difficult time picking which of the excellent pieces to award in each category, and we thank all of the contestants for their hard work, creativity and participation. As for our winners, in addition to featuring their works in this issue, we will also be highlighting each artist and their creation on our social media channels over the next several weeks — keep an eye out online for more info

about your talented colleagues!

Speaking of talented colleagues, this issue also introduces the newest members of the Docket Board of Trustees. We are excited to officially welcome each of these attorneys, and look forward to seeing the fruits of their leadership and experience.

In addition to lawyers who moonlight as artists and lawyers who donate their time to wonderful organizations, this issue features our usual mélange of practice tips, legal insights and (hopefully) amusing humorous asides. We’ve got a lot of great content this month, so sit back, flip through and enjoy! D

Sincerely, Brendan Baker bbaker@cobar.org

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A MESSAGE FROM DBA PRESIDENT MAUREEN “MO” WATSON

CELEBRATING LEGAL PROFESSIONALISM to help keep me grounded, motivated and excited about practicing law. Through various access to justice initiatives at the DBA, I can always find a way to connect to deserving and thankful clients who help remind me that it is a privilege to practice law.

As lawyers, we find ourselves at the unique intersection of being a subject matter resource, confidant, and problem solver. We have the ability to lift disputes beyond futile, hostile exchanges and, hopefully, to meaningful resolutions. Our clients, paying or not, look to us to help navigate a course through a challenge or threat or trying time. Often, our friends and family turn to us for similar guidance and support because the skills we have honed in our professional lives bleed over into our personal lives. Our work can be daunting and unrelenting, but I, at least, draw strength and comfort in the idea that I serve as one of many working to make our community stronger and fairer.

That, in the face of disagreement or discord, we can still foster civil discourse, articulate our way toward amicable resolution, and, eventually, move the arc of the universe toward justice. To me, these unique opportunities and obligations define what it means to be a member of this profession.

ctober is Legal Professionalism month. For me, it is a time when I not only scramble to ensure my CLE credits are in order, but it is also an opportunity to reflect on what it means to be a “legal professional.”

Early in practice, I was fortunate to have strong, thoughtful, patient mentors. They taught me how to work up a case and how to think like a lawyer. They taught me how to learn, understand and advocate for the best interests of my client. And they pushed me to get involved in the community, legal and otherwise, and to give back.

Once we are sworn in, we have each earned the right to practice law; to work to constantly refine our professional skills; to grow, to be challenged, and to persevere. This fall, I encourage you to join me in refreshing your commitment to honing these skills by taking some time to embrace what it means to you to be a professional. Perhaps this means reengaging with your peers or prior mentors. Perhaps it means finding a new mentee to share some wisdom with over coffee. It might mean brushing up on some new substantive developments with a CLE course or attending a bench-bar relations event to broaden your reach. Or maybe, it means finding some time to squeeze in some pro bono work with MVL or many of the other DBA initiatives (see page 37 for a few ideas!). Whatever it is, I hope you can take a moment this month to reflect on what being a professional means to you. D

It is fitting — and likely not coincidental — that many bar associations celebrate Pro Bono Week within Legal Professionalism month. Beyond simply being embedded in the Colorado Rules of Professional Conduct, serving those in need is a critical component of what it means to truly be a legal professional.

I cut my teeth in the courtroom on pro bono cases and saw first-hand the phenomenal impact a competent, prepared counsel can have on the outcome of a case. Many of my most rewarding professional moments have been in the service of pro bono clients. I continue to turn to pro bono work October/November 2018 I Docket I 7

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BRIEFLY

OF NOTE

Isabel Allende is a Chilean author, famous for novels such as The House of the Spirits and City of the Beasts. She has been called "the world's most widely read Spanish-language author, was inducted into the American Academy of Arts and Letters in 2004, received Chile's National Literature Prize in 2010, and was awarded the 2014 Presidential Medal of Freedom by President Barack Obama.

''The first thing we do, let's kill all the lawyers.'' – William Shakespeare, Henry VI, Part 2, Act IV, Scene 2 While many are familiar with this famous Shakespeare quote, there is debate about its meaning — is it an expression of the ordinary person's frustration with the obscurities and complexities of the law, a praise of the legal profession, or just another lawyer joke?

Recited by Dick the Butcher in the fourth act of Henry VI, the henchman offers a solution to Jack Cade, who is acting unscrupulously in pursuit of becoming king. If the gang can eliminate those who might stand in the way of a “contemplated revolution,” Cade could take the crown.

DID YOU KNOW? In Mohave County, Arizona, if anyone is caught stealing soap, he must wash himself with it until the soap is gone.

JACK CADE. I thank you, good people:- there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.

DICK. The first thing we do, let's kill all the lawyers.

Some say that Shakespeare actually meant this line as a compliment to attorneys and judges, and the important role they play in instilling justice in society.

However, others say that whoever came up with this interpretation was surely a lawyer, disregarding the original intent of the author, which was comedic relief.

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WE’RE MOVING!

In January 2019 to 1290 Broadway

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Location

2 2

Great location near courts and Capitol

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Parking

Five times more parking within a half block

3 3

Flexibility

Shared, flexible and divisible classrooms and conference rooms

4 4

Modern Office Design

For improved productivity and efficiency

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Technology

Improved Internet access, A/V conferencing and broadcast capabilities

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PHOTOGRAPHY: "S t a r r y N i g h t a t M t . E v a n s" S pencer R ubin (S herman & H oward LLC) Spencer Rubin is an associate in the Business and Real Estate department of the Denver office of Sherman & Howard LLC. His principal area of focus is technology transactions.

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NON-FICTION: " W h e n M y A u n t V i d a D i s a p p e a r e d" D avid L ondon (H ogan L ovells US, LLP) David London is a partner in the Intellectual Property and Corporate practice groups at Hogan Lovells US LLP, based in their Denver office.

“Your Aunt Vida will be here in three hours,” my mother announced. This was news to me. “Put down the book and go pick up your room, please.” Together with Albine, Peg, Gladys, Hanna, Lynne, Christine, and Norma, Vida was one in a cast of women, none blood relatives, whom I was taught as a child to address as “Aunt.” I had no real aunts. Or uncles, cousins, or even grandparents. After my parents and my sister, these middle-aged women, all old girlfriends of my mother, were the nearest I had to family.

Vida, I learned with some digging, was about to land at JFK Airport en route from London with two of her finest Papillons, a kind of toy spaniel. Vida would stay with us for the week, in our New York City apartment, while she showed her dogs at the Westminster Kennel Club Show. Westminster was the biggest dog show of them all, and Vida was coming to win.

Among my “Aunts,” Vida was the most intriguing.

For starters, she was an oil heiress. Vida was born Vida Halliburton, daughter of Erle Halliburton Sr., founder of the Halliburton Company and one of the world’s richest men. Vida, Erle’s fourth of five children, never wanted for anything. She married pop singer and Hollywood producer Artie Wayne, and together, their young children and film crew in tow, plied the world’s oceans in their yacht, a converted Navy minesweeper, making movies. This was when my mother, a radio producer seeking her own fortunes in Hollywood, struck up a friendship with Vida. Ultimately, Vida’s interests shifted to her prize-winning dogs, and she was now mostly on the road with them. Vida was fun, and wickedly eccentric, and unlike some of my mom’s other friends, not disposed to climb into my business.

It was February. A crust of snow coated the sidewalks, and flurries were in the forecast. My sister and I

scrambled to clean up the room where Vida and the dogs would stay. We put down towels where the dogs would track in snow from the park. As city kids, my sister and I never owned a dog, and we were excited to receive our new charges.

I didn’t really know Vida — a sandwich layer filled by my mother saw to that — but she was a welcome guest. As were the other “Aunts,” who came to stay from time to time. All were unusual, even exotic women. Norma was a model and TV “weather girl.”

Peg was the creator and star of an early radio and TV sitcom. Gladys was a song and radio jingle writer.

And so on.

Albine, while not in show business, was the most mysterious of all. She had known my mother since early childhood, growing up in the house next door in Queens, New York. She was there for the upheaval of my mother’s youth: the times she ran away from home, the first marriage about which my mother never spoke — scraps I picked up from sentence fragments overheard in empty corridors. But if Albine had stories — information — about my mom, she wasn’t telling.

I understood roughly how these women were connected to my mother, but little else about their friendships. Each woman was linked to a period in my mother’s life, from her career in radio. As a child I held a suspicion that these links concealed elusive truths about my mother — truths she kept from me and my sister. But if these truths were discernible from the way my mother pursued these dear friendships, I didn’t see it. Nor did I trouble to ask why I was to address these women as “Aunt.” I simply did, in the way of a child. It was not until I became an adult that I understood this designation was really about my mother, a gaudy homage to friends she had October/November 2018 I Docket I 13

accumulated, and not at all about me, or even them.

On schedule, Vida arrived by taxi with the two Papillons. The date was Sunday, February 10, 1980.

Away from the primping and klieg lights, the Papillons were still dogs, and my sister and I spilled out onto the apartment landing to scoop them up.

Something immediately wasn’t right about Vida. Normally smooth and confident, today she was unfocused and shaky. As she settled into our apartment, and over the next couple days, Vida’s peculiar behavior had my sister and me whispering to each other in the halls: “Aunt Vida just came back from walking the dogs in her nightgown. In Central Park. It’s February!” I broached the subject with my mother. She waved me off, with a quick sound bite about medication. Beyond that, there was no discussion of Vida’s behavior. Per usual I was out of the information loop. I decided to keep my distance.

Our apartment was a hive of activity on Tuesday morning, the opening day of the Westminster dog show. The dogs had the run of the apartment, and they were yapping about. The dogs’ handler, the renowned Barbara Humphries, came by to collect the dogs to shuttle them to Madison Square Garden. Meanwhile, my mother and Vida, both fashionable women, were in the midst of their own productions, primping, perfuming, and preparing for the day out. Vida always wore jewelry befitting an heiress, and this day she was decked out in her diamonds. I was in my room getting dressed for school, when I heard Vida in the entryway yelling in to my mother: “Charlotte, are you ready? It’s getting late.”

My mother was going to drive Vida down to the Garden.

My mother, from the other end of the apartment, yelled back: “Just a minute, Vi, I’m finishing my makeup.”

I slipped past Vida in the entryway, exited our apartment building, and hopped the bus to school.

The day was uneventful, until I returned home. “David, have you seen your Aunt Vida?” my mother asked rhetorically as I came in and dropped my bag. I had not.

My mother related how she’d come out of her bedroom that morning, ready to drive Vida, and Vida was gone.

Eventually my mother drove down to Madison Square Garden, expecting that Vida had grown impatient and left the apartment without her. But Vida wasn’t at Madison Square Garden, and didn’t turn up there all day.

My dad arrived home from the office. We had dinner. My mother called the police.

The police were nonplussed, as my mother would later recount: “It’s been less than 24 hours, ma’am, she’s not a missing person,” the detective chided over the phone.

“She’s wearing a quarter million dollars in jewelry,” 14 I Docket I October/November 2018

my mother rejoined.

“We’ll be right over.”

There was no word from Vida that day, or the next day, or the next. The NYPD missing person’s unit visited our apartment several times. An alert was issued: “Vida Wayne is 58 years old, 5’ 4”, weighs 120 lbs., and always wears a man’s ring with a gold lion’s head with a diamond protruding through the nose on her right index finger. Anyone having information should contact…”

My mother engaged a psychic.

Leads were plentiful. Vida’s wallet was found in the back of a taxi. The New York Times reported that the taxi had dropped Vida at Madison Square Garden, but the driver didn’t notice if she’d entered the building, and no one else came forward to say they saw her there. Later that day, according to the police, Vida walked into a McDonald’s at Fifth Avenue and 33rd Street and asked an employee behind the counter to cash a $50 traveler’s check. The employee turned away briefly, and when she returned Vida was gone, leaving behind a fur hat and a pocketbook containing an airline ticket to Los Angeles.

Meanwhile, Vida’s family in Los Angeles began placing daily ads in New York City’s three major papers.

The ads gave a description — brownish-red hair, wearing a light brown fur coat, maroon boots and a black leather skirt — and offered a sizeable reward. The ads failed to generate new leads, and the trail started to grow cold.

Vida was nowhere.

After Vida disappeared, my sister and I continued to go to school; my dad to work; and honestly I don’t recall what my mother did. Truth is, I don’t remember much from that week — surprising to me given that an oil heiress, one of my mom’s close friends, my “Aunt,” had just vanished from our home. I seem to recall that, apart from the disappearance, the week felt ordinary.

I’d like to report that the mood in the apartment was frenetic, as we organized searches for Vida; that we combed the streets looking for her; that we posted fliers; that all non-missing person activity came to a halt. That we were distraught, my mother in tears. But I can’t say these things — because they didn’t occur.

If we huddled as a family and talked about Vida, the fate that might be befalling her, and our own feelings about Vida’s disappearance, I don’t remember that at all.

What I do remember, quite distinctly, is that, with Vida missing only a few days, my mother drove my sister and me to Vermont to ski for President’s Day week. As we stuffed our skis in the car, I recall asking my mother, “Is it OK to leave?” “Yes,” came her one word reply. I knew not to question, and I climbed into the backseat. In many families, when the going gets tough, the tough get

going. In my family, this was time for a road trip.

It’s a regular source of surprise to me, the things people choose to say to the ones they love, and the things they don’t. I imagine my family sitting at the dinner table in the days following Vida’s disappearance, staring at each other and wondering who was going to speak first about the tragedy unfolding in our home. But if my mother wasn’t going to ask if I was upset about Vida going missing, I wasn’t going to volunteer it. I wasn’t going to lead that conversation.

And I’m left to wonder how uncommon a dynamic this is in families: the child looking to the parent for direction; the parent who won’t — can’t — engage the child. Each person contributing to a growing space between, and into that silent space flowing misgiving and regret, a warehouse of feelings not expressed and actions not taken. And what’s left, I think, must be blankness

and rigid veneer, slick surfaces to which memory and sentiment don’t adhere.

I don’t remember when they pulled Vida’s body out of the East River that summer. Or when the medical examiner’s office returned her — her jewelry intact — to her family. I don’t remember if there was a funeral for Vida, and if there was, if my mother attended. I don’t remember what I may have said to my mother at the time in consolation, or what she may have said to me. But after 38 years, I remember enough to have learned, finally, that this is not just a family story about an heiress who disappeared from a New York City apartment. It’s also a story about family, and the things we leave unsaid. D

SCULPTURE: "D o l l y C h e r G l i t t e r P r i n c e s s" M elissa Y oungpeter (S enter G oldfard & R ice , LLC)

Melissa Youngpeter is a civil litigation defense attorney with Senter Goldfard & Rice, LLC.

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FICTION: "O u t s i d e C l a y t o n" C raig B erube (B eatty & W ozniak , P.C.)

Craig Berube is a partner in the Mineral Title and Transactional Due Diligence practice group of Beatty & Wozniak, P.C. in Denver. In his practice, Craig specializes in real property ownership and upstream energy production issues. In his spare time, Craig likes to bicycle, practice yoga and read works of fiction that verge on being actual literature.

The heat off the tent, and the flames roll, and roll. Nothing to see here but forty kneeling souls. By noon, twenty saved and, by October thirty nine lost.

First, the tithe, then the scythe. The world may never know, said Renata, and they knew it to be true. The tent cast in the wind and bode stunned silence. And then desultory shuffling forth into the desert heat.

So it was, out into the shade of half meaning, and unspoken truths, but with purpose that made one wept. Bearing witness, holding forth, presenting false choices for the ill prepared and the uninformed.

Renata fell in behind the two men as they made towards the Chrysler wagon, and began to listen to a conversation in progress.

– Someone should have told us this.

– I suppose someone has now.

A shrug.

– Believe what you will, for soon it won’t matter. This is what it looks like when a beast imitates its master.

We left enough in the basket for this tent to lurch down the road.

–The saving of souls, hell. The saving wasn’t done when the shop girl’s beaux got blown in half in Iraq.

Ain’t no replacement suitor to be found now. Ain’t nothing to be done for the winter. The birds done ate what didn’t get shriveled up under the sun with no rain about. Tonight didn’t do nothing for the pensioner’s leftward stoop that wasn’t already evened out by the gout on his right foot.

As the glow dimmed behind, the sound of trumpets was proven to be motors rattling to life.

Renata slipped into the back seat while the men were absorbed with digging for cigarettes, fumbling 16 I Docket I October/November 2018

for lighters, probing for a switch with keys, punching buttons on the radio, muttering disgust, punching more buttons. For a time, the riders bore the ruts and stones in silence as narrow as the beams of light ahead of them, illuminating far too little in the twilight.

When speech came, the truths spoken fell obliquely upon the truths shown, and the truths learned. It was Renata who spoke up first.

– The moon is nearly full tonight. Praise be. See what He has made.

And then, to herself. Lord God, please do not take me with Your waters, they do not suit my lungs.

Please do not impale me, my body cannot brook the wood. If I be crushed by stones, may they not be wielded by my neighbors.

The house was dark when Renata turned away as the Chrysler rattled off. She prayed Papa had gone to sleep by now.

– Wait Renata! Where did you go? Why did you leave me here all alone?

– But Papa, I told you. I went to sermon. Outside Clayton. With my prayer group.

– I saw them again. Your mother was with them. Her eyes were black like two empty holes. She reached for me, but my arms, they would not rise. Damned arthritis! I needed her touch. It’s been so long since the Lord took her. I’m so cold.

There was a terrible accident last night. The heat brought out the snakes. Startled, a young cocktail waitress on her way home from the casino swerved.

A long-haul driver, fighting to stay awake, hit her straight. 9,500 gallons of fuel turned the asphalt

interstate into a river of fire.

– We prayed for their souls tonight. I will pray for yours, Papa. Goodnight.

Why does she think of Inez now? Was her soul saved? Immolation completes the tasks; there is nothing more to be done. The temptations have been resolved and the consequences yet borne. But she is complete now, and one can only regard, aghast, at the ripples of consciousness lapping against the unknowing. Renata bore enlightenment, but Inez could see only what she felt, and she felt desperation. Their frivolities of youth gave way to the churn of obligation. And then the lure of the casino. That is what brought her onto the highway and into the fuel tanker.

It is not that Renata resented the time she spent with Inez at Highlands. Necesitamos aceptar a la gente de la manera en que los encontrarmos. Federal dollars were available, and they tried to pry up marks that would forestall the inevitable. At first, their time together almost felt like what it would be like to have a sister; the exaggerated exasperation at obvious outcomes, the solemn, resigned nod at the known and unknowable, the shriek of understanding. Yet, the last celebratory hug initiated by Renata ended with a perplexed or distracted sideward glance from Inez.

The distance was there before money entered the dorm room. Renata’s stipend was now over seeded with what Inez brought in from dancing at the cabaret, not that singing or dancing were so much the attraction there. But the more the rain clouds brought, the more the drought of daylight would evaporate. And so went the attendance of Inez at Highlands.

By third semester, Inez has only the routine of the jefes. The nightmares of the sleeping hours and the waking hours took hold as quizzes, tests and finals pulled at the stomach of Inez. Renata knew that Inez was missing, and Inez knew that the vagaries of her patron’s generosity was fickle.

As Inez drifted from pole to pole, Renata found Rd. Horacio, and felt stung by news of a house party here, a huge drop there, and the promise of a novio every day. But Rd. Horacio was clean and clear; the path to enlightenment had no place for pipes and short straws and the hollow victories of outdoing the worst.

Renata drifted awake to the sound of Papa’s snoring in the other room, and she immediately began praying.

– Papa is so lost. You show him. His thoughts stray to the undisciplined, and the idle daydreamer. You know so much more. Show him those thoughts. Show him the thoughts that will bring him peace. He thinks he knows.

He doesn’t know. That’s my job. If I find the right words,

if my language doesn’t fail me, he will finally understand.

I will make him understand. And all will be back as they belong.

She felt herself resent how little it would take. She saw her lack of empathy for what it was. She felt the resentment, and the resentment became a thing unto itself. She did not ask for this.

As the light failed, the rhythmic hacking of the obreros on the piñon only barely registered as they packed their tools for the night. It struck her as a harbinger of winter, this gathering of fuel. Hacking off limbs, hacking off the gift of language, hacking off life itself.

The Padre of the Order of the Paraclete came by last Good Friday. They came, they spoke to her prayer group, they spoke largely to the alter boys. They spoke of their damnation, about the hell that lies beyond. As they spoke, Renata wondered about her life as the wife of a Highlands graduate; maybe he would manage the accounts for the shopkeepers who make their living off travelers on the Interstate. She would be given that joy, and it would last forever. Renata redoubled her efforts: – Lord, protect me. I love, and I want to be loved. Please make that enough. Make that enough for those who profess to love me.

A cool breeze blew off the mesa, giving less than what was asked but more than what was promised.

Pintos and pork still simmered on the stove, tortillas still warmed further from the coals. Renata rose from her seat and began to eat. Rd. Horacio would be back in October, well before the snows. Renata had so many questions for him. How does a woman have a child without being with a man? How does a spike pierce a man’s hands and feet and hold him aloft? What exactly is it that one sees from heaven? If I see God, how will I recognize him? Rd. Horacio will surely know. And so shall she.

Papa called from his bedroom.

– I want to go home! Please take me home!

– Papa! You are home! Go to sleep. D

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DIGITAL ART: "u n t i t l e d" M aha K amal (C olorado F amily L aw P roject )

Maha Kamal is the founding attorney of the Colorado Family Law Project in Denver, Colorado, where she focuses her practice on divorce and custody matters. She also sits on the Board of Directors for the Lighthouse Writer's Workshop and the American Humanist Association's Humanist Legal Society.

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PAINTING: "E l e p h a n t s" R ichard O tt (D ick )

Richard Ott is a criminal defense and civil litigation lawyer in Denver.

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DRAWING: "u n t i t l e d" L ynda K nowles

Lynda Knowles is legal counsel for contracts at the Denver Museum of Nature & Science.

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trombone and sometimes keyboards) for popular Colorado ska band, 12 Cents for Marvin. What is “ska,” you ask? Ska originated in Jamaica in the 1950s as a form of island jazz music. It combines elements of calypso and R&B with up-tempo pacing, emphasis on the downbeat and a horn section. The genre enjoyed broad success in the 1990s, both here and abroad, with bands such as The English Beat and The Mighty, Mighty Bosstones bringing ska into the mainstream of rock music. It still enjoys a large, diverse following among fans of all ages, in clubs and music festivals across the country. Tom fell in love with the style in high school, and quickly developed his skills in the genre as a singer, musician, and composer.

12 Cents for Marvin has been together since 1996 (minus a few years off for law school back East). Tom formed the band as a freshman in college with longtime friend and bass player Hillary Freeman. Although Tom and Hillary are the “founding members,” the rest of the band has been together since 2003. Tom and others in the band write their own music, most of it based in their signature ska style. They have opened for local, regional, and national ska groups, and rock acts ranging from the Flobots to the Skatalites (among others) in clubs, music venues and festivals throughout Colorado and the West. The band recently released its fifth album, aptly titled It’s Not Over, which is available on vinyl (believe it or not) and iTunes, Spotify and Google Music. The music is all original, fast-paced and full of energy. If you have not enjoyed ska music before, do yourself a favor and download this album. You can thank me later!

The band members all came to the group with a wide variety of music training, but all fell in love with the ska beat and front-and-center horn section. They have been together ever since because, Tom says, they have too much fun playing together to give it up. In addition to writing their own music, the band’s creative chops even show up in the band’s name, which is drawn from their experiences on the road. On a trip to Denver early in their formation, they were walking downtown. A guy approached them to ask for money. Tom put his arm around him, and they talked for a while.

“What’s your name?” Tom asked. “Marv,” the urban camper replied. “How much do you need, Marv?” “12 cents.” “12 cents?” Tom handed Marv what he asked for and said, “Have a good night.” As the band laughed about the encounter later, pondering what sort of situation Marv found himself in where only 12 cents did the trick, the name 12 Cents for Marvin was born.

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Growing family and day job responsibilities have taken the band out of the van and off the road, at least for now. But because of their strong reputation in the Colorado ska community, 12 Cents for Marvin can afford to be selective about the gigs it plays these days. They average a half-dozen or so local gigs a year, choosing venues and shows they know will be a fun chance to show off their unique, lighthearted brand of ska. You can check out some of their live performance videos on their Facebook page, www.facebook.com/12CentsForMarvin, and all over YouTube.

These days, the band’s members all have very active lives away from the music. In addition to raising young families (15 children among them), their day jobs range from the law (Tom) to education, wildlands restoration, counseling students, marketing, web development and even brewing (one member works for New Belgium).

Tom’s days now are filled with the fun of raising three kids with his wife, real estate broker Hailey Crocker Werge, along with the hard but rewarding work of building Werge and Hahn LLC into a successful practice.

But music remains central to his life. In fact, Tom has attracted a growing number of musicians and music producers as clients, all coming to him from his and his bandmates’ involvement in the Colorado music community, through 12 Cents for Marvin.

You might even say that music has always found its way into Tom’s path. The judge he clerked for in D.C. was also a former professional musician and active with a band formed among several Superior Court judges.

They were called, aptly enough, Deaf Dog and the Indictments. Tom’s passion for both the law and his music were evident throughout our conversation. It sure comes through in the band’s music, especially on their most recent album. It’s impossible to listen even to a song or two on it without finding your mood improved.

I asked Tom how long he envisioned the band playing together. His response: “As long as it keeps being fun, we’ll keep playing.” Come to think of it, that’s a pretty good approach to both lawyering and ska music, isn’t it? D Doug McQuiston is a Colorado trial lawyer and mediator with over 36 years’ experience, specializing in litigation, ADR, law and technology, and law office management. He is a mediator Panelist with Accord ADR Group, Boulder, Colorado (doug@ mediatelaw.com). He is a member of the CBA ADR Section.

MEET YOUR NEW DBA BOARD OF TRUSTEES MEMBERS Please tell us a little about yourself, personally and professionally.

I grew up in Arizona and spent a lot of family vacations in Colorado, skiing in the winters and camping in the summers. After detours for college (where I met my wife) and UCLA Law, I finally moved to Denver in 2008. While at a small firm, I figured out I had a knack for appellate work and quit to do criminal appeals for the Attorney General. Six years and nearly 50 published opinions later, I still love it What has been one of your most memorable DBA experiences?

One of the lesser known benefits of practicing law in Colorado is that the DBA administers the Waterman Fund, a charitable trust that provides financial assistance to "aged, infirm, or otherwise incapacitated" attorneys. I've been lucky enough to help run the Waterman Fund for the last five years and to help provide grants to attorneys in need throughout the state.

If you weren’t practicing law, what career would you have chosen?

Coming out of college I seriously considered becoming a history professor.

What is the best advice you’ve ever received?

To do things that are uncomfortable and that you’re certain you won’t like.

Sometimes you’ll be surprised and at the very least you will learn something.

LINO S. LIPINSKY DE ORLOV

Please tell us a little about yourself, personally and professionally.

I am a litigation partner in the Denver office of Dentons, an international law firm. I will be sworn in as a judge on the Colorado Court of Appeals in January.

For the past 35 years, my practice has emphasized commercial litigation and employment counseling. I have particular interests in legal ethics, how technology is changing the practice of law, and civil procedure.

After commencing my legal career at a Wall Street firm, my now-wife, a law school classmate and fourth-generation Denverite, convinced me I could find civilized existence west of the Port Authority Bus Terminal. Although at first dubious, I packed my wingtips, shipped my worldly possessions to the Mountain Time Zone, and joined the late, lamented Holme Roberts & Owen. We raised two children, who declined to follow in their parents’ footsteps. Our elder daughter rebelled by becoming an internal medicine physician at the University of California, San Francisco, while our younger daughter immersed herself in the arts, beer-making and event planning in Denver following a year teaching English at a high school outside Madrid.

What has been one of your most memorable DBA experiences?

If I was not practicing law, I would be working as a journalist, assuming I had not been laid off by now. I was managing editor of my college newspaper and spent a summer writing obituaries and filling in for vacationing reporters at my home town paper. I didn’t think my college friends and I could turn our love for the newspaper business into careers at a time when half of America’s liberal arts graduates thought they were Bob Woodward. (The other half thought they were Carl Bernstein.)

If you weren’t practicing law, what career would you have chosen?

I would probably have worked as a business consultant. I really enjoy solving October/November 2018 I Docket I 25

complex commercial issues and personnel problems.

What is the best advice you’ve ever received?

My mentor the late Dan Hoffman taught me that one’s reputation is too valuable to tarnish through less than firstrate legal scholarship or lack of courtesy to other attorneys. I received the greatest compliments in my career when one-time adverse parties engaged me the next time they needed a Colorado attorney.

Please tell us a little about yourself, personally and professionally.

I am a commercial litigator at Brownstein Hyatt Farber Schreck. I focus on complex disputes involving contractual issues, fraud and breach of fiduciary duties. I also try to do as much pro bono work as possible, of which the firm is extraordinarily supportive; mostly I assist domestic violence victims in obtaining civil protection orders. I was fortunate in that I had the opportunity to be a summer associate at Brownstein during both of my summers in law school. I love the firm and the people with whom I work, and I would like to continue my career here long into the future. When I’m not working, I am generally doing something active or traveling. I ski as much as possible during the winter, run outside almost year-round and have recently gotten into road biking. I rode the Triple Bypass this year for the first time and can’t wait to do it again. I also try to take at least two big international trips each year. This past summer, I went to the World Cup. As a huge soccer fan and a former collegiate soccer player, it was the trip of a lifetime.

What has been one of your most memorable DBA experiences?

I have always had a great time at Barrister’s Ball, particularly since it raises money for such a wonderful cause. Also memorable was a CLE event that the DBA, along with the Asian Pacific American Bar Association, Colorado Bar Association, Colorado Hispanic Bar Association, Colorado LGBT Bar Association, Colorado Women’s Bar Association, Sam Cary Bar Association, and South Asian Bar Association of Colorado, hosted in January of this year at the Tenth Circuit. It was titled, “The State of Diversity in the Colorado Legal Profession: The Perspective of Bar Associations.” I had the honor as the then-president of APABA of participating in a roundtable discussion regarding diversity and inclusion with the leaders of those various bar organizations, including Franz Hardy, who at the time was president of the DBA. We had a great turnout and frank and substantive discussion, in large part because of Franz’s leadership.

If you weren’t practicing law, what career would you have chosen?

I probably would have been some type of engineer. I love putting things together, taking them apart, and figuring out how they work.

What is the best advice you’ve ever received?

To never burn bridges. Aside from the fact that you should treat everyone with respect, you just never know the circumstances under which you’ll run into folks again.

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Please tell us a little about yourself, personally and professionally.

I practice business transactional law here in Denver and spend a lot of my time helping different business owners and individuals navigate and negotiate contractual agreements. I really love being a lawyer and hope I can do it forever.

I never want to retire. Fortunately, my husband feels the same way about his job. After several years in our twenties grinding away in higher education and at jobs with really long hours, our current positions allow us to travel a lot. We have taken full advantage of that fact in the last couple of years! When I’m not traveling or working, I spend a lot of my spare time going out with friends in Denver, working on our old Victorian house in the Baker neighborhood, painting, reading and trying to learn new things. Most recently I enrolled in a 2x/week Spanish course. Oh, and I’m also the co-host of a podcast for freelancers called Unfederated. I started it this summer with my brother and it’s gotten a lot more traction than we expected. It’s been really exciting!

What has been one of your most memorable DBA experiences?

Oh gosh, I have so many positive DBA experiences. I was on the young lawyers division executive committee for a number of years and we had a million good times. I also have served on the Barrister’s Ball committee for the last couple of years and some of my best times have been at Barrister’s Ball. It’s such a great event.

If you weren’t practicing law, what career would you have chosen?

I used to think I’d have been a librarian, but now I think I’d have made a much better journalist. I love interviewing people and getting to the heart of an issue.

What is the best advice you’ve ever received?

My mom always told me to be nice to everybody equally and to just be myself.

I am still learning how to do both of those things, but I think about her advice every day.

Please tell us a little about yourself, personally and professionally.

I am a partner at Kutak Rock LLP where I practice public finance law as bond counsel to state and local governments and other related entities financing the development of capital infrastructure across the state and beyond. I love telling my kids about the fire stations, schools and other public improvements I get to help finance. I am also a member of the board of directors and the executive committee of the Center for Legal Inclusiveness, a Colorado nonprofit corporation dedicated to increasing diversity and inclusiveness in the legal profession, which has received national and local recognition for its continuing commitment to inclusive excellence.

What has been one of your most memorable DBA experiences?

My first time sitting in a Board of Trustees meeting as a member was actually pretty special. The thing that struck me was the thoughtfulness and sheer quality of the comments coming from my fellow trustees. This is a very impressive group, and each of them takes preparation and participation in the stewardship of the DBA very seriously

MARIO TRIMBLE

If you weren’t practicing law, what career would you have chosen?

If I weren’t a lawyer, I would want to be a teacher. Some of the most impactful October/November 2018 I Docket I 27

people in my life were teachers. We trust them with our kids’ education, but we don’t pay teachers nearly enough — certainly nothing commensurate with the responsibility they bear. Full disclosure... I’m the son and grandson of teachers! Also, a Formula 1 driver.

What is the best advice you’ve ever received?

I try to let my words be guided by the Sufi saying that, before you speak, you should let your words pass through three gates: Is it true? Is it necessary? Is it kind?

Please tell us a little about yourself, personally and professionally.

I am a native Austinite, but enjoy skiing too much to ever go back. I work for a nonprofit, Education Commission of the States, where I advise state lawmakers on education policy. I previously worked in the Colorado Legislature. Before moving to Colorado, I lived in Manhattan, first, as a college student and then as a professional. But NYC didn’t have skiing (you might be seeing a theme here).

In addition to snow sports, I also enjoy summit hikes, biking, and I just bought a paddleboard.

JILL MULLEN

What has been one of your most memorable DBA experiences?

The first big event I planned was a movie showing of "Strong Sisters" at the Dairy Arts Center in Boulder. We partnered with the Boulder Bar and it was all around a great event.

If you weren’t practicing law, what career would you have chosen?

Instead of law school after college, I would have joined the Peace Corps and seen where that led me.

What is the best advice you’ve ever received?

You don’t have to have it all figured out.

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RSVP to receive parking information and event details by emailing lunches@cobar.org or calling 303-860-1115, ext. 727.

Sponsored By: Asian Pacific American Bar Association, Colorado Bar Association Young Lawyers Division, Colorado LGBT Bar Association, Colorado Hispanic Bar Association, Colorado Women’s Bar Association, Denver Bar Association Young Lawyers Division, Sam Cary Bar Association and South Asian Bar Association of Colorado

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ome time ago, I was asked to write an article with the prompt: What does succession planning look like from a young lawyer’s perspective? I was initially excited and full of ideas, but most of literature I found on succession planning was off-putting; it was full of terrible stories of unforeseen death. There were distraught families and disappointed colleagues left with accounts they did not have passwords to and no direction about how to proceed with client files. It was depressing, so I decided to step back and look at the topic from a fresh perspective.

My take is that the prevailing approach has two flaws. First, by focusing succession planning on attorney disability and death — as is so often the case (and perhaps a necessary evil) — the task of succeeding to the next thing took on a great and impending doom. There was something about those articles that needlessly flashed a yellow DANGER sign. And second, by enumerating the law firms that have mandatory retirement and prattling off statistics about attorneys clutching their desks until the magic retirement date arrived, planning for succession did not appear to be taking place.

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I wondered, by focusing on succession, are we overshadowing the plan itself? And does it have to be such gloom and doom?

About Succession Growing up, my family had an endearing habit of keeping a dictionary on the shelf with the cookbooks so that, if the need arose at the dinner table (which it often did), one could pull out the dictionary without having to leave the table. So, indulge me for a moment, because I pulled out my dictionary at the dinner table.

Succession: It’s a noun, from the root verb “to succeed.” And although the first several definitions of the word are what likely comes to mind for you — “the coming of one person or thing after another in order, or in the course of events,” or “the right, act, or process, by which one person succeeds to the office, rank, estate, or the like, of another” — what intrigues me is the lesser known definition. It is labeled “ecological succession,” which is “the progressive replacement of one community by another until a climax community is established.” Webster’s New Universal Unabridged Dictionary 1899 (2nd ed. 2003).

There is something appealing about thinking of

succession as a process in the organic and systemic sense. Succession should be about giving way from one to another in progressive fashion. It should be about combining everything that we already know and are good at with what is new and innovative so that we are best situated for the future, the so-called “climax community.” So why is it that succession planning so frequently lacks the optimism of the process-based, progressive approach?

I recently had two experiences virtually back to back that, for me, spoke volumes about the miscommunication of succession as a moment to be arrived at, as opposed to a process. The first was at a meeting where an attorney raised his concern that there was an ongoing effort to “push the old guard out.” The second was a passing conversation with an attorney who lamented he was being “forced out” by mandatory retirement at his firm. Both concerned me. They conveyed exactly why I don’t like to define succession as coming one after another. It’s fatalistic.

We need to stop thinking of succession like a line of dominoes where one hits the next and tips it over the edge. It does not have to be cataclysmic, and it does not have to be episodic.

About Planning Back to my favorite definition of succession: “the progressive replacement of one community by another until a climax community is established.” Id. It seems that “community” and “progressive replacement” indicate that succession should be collaborative and participative. But how would the solitary task of succeeding — the act of leaving itself — become a community-based plan?

The conventional approach (from succession planning literature) is riddled with step-by-step plans to follow. But through the eyes of a young lawyer, succession planning should be more than a check-thebox list.

In the big picture, succession planning necessitates mentoring and sponsorship of the next generation of attorneys. And there is a key difference between mentoring, which passes on knowledge and advice, and sponsorship, which takes mentoring to the next level by facilitating the mentee’s professional growth. A mentor ensures that his or her legal skills will be imparted to a future generation, while a mentee shares new ideas, technologies and innovations about how something can be done. On the other hand, sponsorship is like having a personal promoter. The sponsor introduces people and opportunities; what you do with those opportunities is

on you.

As a young attorney, based on both the literature about and the reality of practice, it seems that succession planning all too often forgets about mentorship and sponsorship as key components of planned, progressive replacement. It can also be frustrating for young attorneys to hear from senior and more experienced attorneys that law firms don’t teach young lawyers like they used to, while at the same time the expectation is made clear that young lawyers should come fully trained. This dichotomy doesn’t adequately address the overwhelming need we have in our profession to pass on knowledge from experienced attorneys to new attorneys, a need that mirrors the tradition of precedent so integral in the law.

From this young lawyer’s perspective, an effective succession plan should foster confidence that the next generation is ready to receive the torch and that the torch will be carried forward. At the organizational level, this means that rising lawyers should be involved in the process of developing succession plans for the soonto-be-exiting generation. Because the succession plan ideally also creates opportunities for young lawyers to take on responsibility with clients and within the organization, the succession plan also becomes the mechanism for sponsorship of the young lawyer in the firm. In short, the succession plan that actively involves the rising generation is community-based, and it promotes a stable transition of knowledge and ability over the long term.

All of us — young and experienced lawyers — need to be thinking of succession planning, mentoring, and sponsorship as interdependent. Mentoring helps identify successor potential. Sponsorship helps develop successor talent. Both permit an experienced attorney’s legacy to carry on. And ultimately, that is what succession planning is intended to accomplish: capturing the legacy and planting it in the next generation before that legacy leaves. D Nicole Marie Black in an attorney in the Denver office of Lewis Brisbois Bisgaard & Smith, LLP. Her practice includes real estate and commercial litigation as well as professional liability representing attorneys, brokers, and accountants. She is currently the Vice Chair of the CBA Business Law Section Executive Council and is a past Chair of both the DBA Mentoring Planning Committee and the CBA Young Lawyers Division Executive Council.

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n May 29, 2018 Governor Hickenlooper signed HB 1128 into law. The bill amends the state’s data breach notification law to require that affected Colorado residents be notified within 30 days of a data breach and specifies the information that must be included in the data breach notice. The new law, which became effective September 1, 2018, applies to “covered entities” (if your business maintains, owns or licenses information of Colorado residents, regardless of where the business or data is based, it is a “covered entity”). It also sets forth certain data security requirements and adds requirements regarding the disposal of personal identifying information.

Among other amendments to Colorado’s existing data breach notification law, the new law defines “personal information” as a combination of a Colorado resident’s first name or initial and last name along with one or more of • Social Security number; • student, military or passport identification • driver’s license number or identification • medical information; • health insurance identification number; or • biometric data.

The definition of “personal information” also includes a Colorado resident’s (1) username or email address in combination with a password or security questions and answers that would enable access to an online account, and (2) account number or credit or debit card number in combination with any required security code, access code or password that would enable access to that account.

Colorado residents affected by the breach must be notified of the breach within 30 days, with no extensions allowed, and the Colorado attorney general must also be provided notice of the breach if over 500 residents are affected, or reasonably believed to have been affected, regardless of what other security breach

procedures the entity might maintain.

The notice must contain specified information, including • the date or estimated date or estimated date range of the breach; • a description of the personal information breached or reasonably believed to have been breached; • the entity’s contact information; • the toll-free numbers, addresses and websites for consumer reporting agencies and the Federal Trade Commission (FTC); and • a statement that the Colorado resident can obtain information from the FTC and the credit reporting agencies regarding fraud alerts and security freezes.

If the breach involves a Colorado resident’s username or email address in combination with a password or security questions and answers that would enable access to an online account, the entity must also direct affected individuals to take appropriate steps to protect their online accounts.

Additional provisions of the bill require covered entities to ensure that third-party vendors protect personal information before it is shared with the vendor and to implement written policies governing secure document disposal.

The new law does not include exemptions for size or type of entity, and coverage extends to government agencies. The law authorizes the attorney general to bring an action to ensure compliance and/or recover damages, and authorized relief may include criminal charges. D Danielle Urban is a Certified Information Privacy Professional (CIPP/E) and has a national practice representing a wide range of employers in a global marketplace. Danielle advises clients on national and international data security laws, data breaches, and privacy policies.

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s with most things in my life, I learned early on from my father about the importance of helping others in need. As I have grown older, I am frequently confronted with the reality that in today’s world it is all too easy to forget to help others along the way. After all, in the life of a litigator with billable hours to meet, court deadlines that are sacrosanct, and family obligations, do any of us really have time to volunteer our time? Of course we do — and we should.

I have been volunteering with Metro Volunteer Lawyers (MVL) for a few years and I recently joined the board of directors to assist with recruiting efforts. I was hesitant the first time I volunteered through MVL, but I have fallen in love with the program ever since.

Being able to help some of the most vulnerable people in the community reignited a deep burning desire for me that had long ago gone dormant and been nearly extinguished. After taking my first pro bono case with MVL, I remembered all the lofty ideals I had before entering law school and felt like I was doing something truly benevolent for the first time in a long time. After joining MVL’s board, I have met some of the best and brightest attorneys Colorado has to offer who are all working together to take access to justice for the underprivileged from an aspiration to a reality.

Being tasked with recruitment duties affirmed my belief in MVL’s purpose and mission as well. Predictably, I call attorneys who previously volunteered with MVL, and after a few minutes of exchanging pleasantries I must inevitably ask for the lawyer’s most valuable commodity — his or her time. Fortunately, and seemingly without fail, just about every attorney gives me a resounding “yes” when I ask them to resume volunteering with MVL. Attorneys who have worked 36 I Docket I October/November 2018

with MVL previously love the idea of coming back to the program to volunteer. If you have not had the honor of volunteering with MVL before, I can personally attest that the intrinsic reward is second to none, the experience is invaluable, and the judicial officers — just like elephants — never seem to forget the face of a lawyer performing pro bono publico.

Knowing that the idea of taking a case for free is admittedly daunting, MVL has mentors who are eager and available to help. The synergy and support from MVL mentors and board members is unparalleled, in my experience. With a network of skilled attorneys to support pro bono cases, typical obstacles to pro bono work, such as inexperience and unrestrained time commitment, go by the wayside. More than that, MVL offers malpractice insurance, mediation services, networking opportunities with counsel from various practice areas across the state, and support staff to help answer general questions and assist with facilitating the intake of prospective clients, which permits you to focus solely on the facts of the case.

And the hug or handshake at the conclusion of a case from an MVL client is worth it all in the end. Pro bono work allows you to change other’s lives for the better, but it changes yours too, which at the end of the day is the privilege of performing philanthropy. Contact MVL Director Toni-Anne Dasent at tdasent@denbar.org to begin your journey with MVL today! D Ben King is a family law practitioner in Douglas County with the law firm McConaughy & Sarkissian, P.C. and is currently the Douglas-Elbert Bar Association Representative to the MVL Board of Governors

housands of indigent Denver residents need critical legal help — they need a divorce, protection from an abuser, a stay for eviction before being homeless, a visitation with their child they haven’t seen in years, or help to hold off foreclosure or debtors’ threats. They struggle and are often forced to try to resolve these complex legal problems on their own. Lawyers have a special professional obligation to ensure that our justice system is accessible to everyone and the need for attorney volunteers and pro bono service grows each day.

The Denver Access to Justice (ATJ) Committee would like to acknowledge National Pro Bono Week as a time to thank members of the Denver legal community who donate thousands of hours in free legal services at clinics, programs and other nonprofit organizations that serve Denver’s disadvantaged; and to those volunteers who take cases from Colorado Legal Services, the District of Colorado Civil Pro Bono Panel and Metro Volunteer Lawyers in Denver. The week is dedicated to encouraging more pro bono volunteers to meet the ever-growing legal needs of this country's most vulnerable citizens.

The Denver legal community has a long tradition of helping to fill these gaps in our community. There

are many hands at work to make a difference. The DBA ATJ Committee has developed legal clinics, including bankruptcy, divorce and family custody clinic. The ATJ Committee leads community events throughout the year such as Lawline 9, a monthly callin program at 9News; Homeless Veteran Stand-down; and sponsors Legal Nights with the Colorado Lawyers Committee and the Colorado Hispanic Bar Association.

The DBA ATJ Committee works closely with many other important pro bono entities. For example, the ATJ Committee collaborates with the Colorado Bar Associations’ Colorado Lawyers for Colorado Veterans programs, which assist financially-eligible Veterans who are identified at clinical programs as needing civil legal representation. The ATJ Committee also works with Metro Volunteer Lawyers (MVL), the pro bono program of the Denver Bar Association, providing civil legal services to those in need in Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert, Gilpin and Jefferson counties. MVL continues their clinic work in areas of post-decree clinics for domestic abuse, Denver Indian Center Clinic and their Power of Attorney Workshop. Finally, the ATJ Committee supports the work of the Colorado Poverty Law Project (CPLP), a non-profit organization with the mission to assemble and coordinate volunteer attorneys to participate in a October/November 2018 I Docket I 37

monthly pro bono legal clinic at the Colorado Coalition for the Homeless (CCH). CPLP provides resources to enable volunteers, at their discretion, to provide a range of services to attendees, including answering on-thespot questions, providing referrals and, if appropriate, providing limited representation.

The annual National Pro Bono Celebration is scheduled for October 21 through 27, 2018. Sponsored by the ABA Standing Committee on Pro Bono and Public Service, the celebration is a coordinated national effort to showcase the great difference that pro bono lawyers make to the nation, its system of justice, its communities and to the clients they serve.

In honor of Pro Bono Week, the Denver Bar Association Access to Justice Committee and the Pro Bono Week Co-Chairs, Aurora Randolph and Katie Steefel, have selected 10 lawyers who were nominated by the Denver legal community because of their commitment to pro bono. The DBA will highlight the 10 selected lawyers in the via social media during pro

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bono week. All 10 lawyers will receive a small gift and will be celebrated at an event on Friday, October 26, 2018 at Wheeler Trigg O’Donnell starting at 4:30 p.m.

U.S. Magistrate Judge Kato Crews will be giving opening remarks. The event will celebrate all pro bono work in the Denver community and will briefly recognize these 10 lawyers. There will also be ways for attendees to become involved in the pro bono work being done across Denver. Appetizers and drinks will be provided at this free event. D To register for this free event or find out how you can become involved in pro bono efforts, email Carolyn at cgravit@ cobar.org.

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LEGAL AFFAIRS Jessica Lindzy joins the CBA/DBA as the new board governance liaison and executive assistant. She comes to the CBA/ DBA from a successful 17-year career in the HOA management industry; overseeing LINDZY governance, compliance, regulation and administrative organizational processes.

Mayor Hancock will recognize Denver County Judge Gary Jackson as the recipient of the Monte Pascoe Civic Leadership Award, recognizing his leadership, work to improve the community and efforts to fight JACKSON for justice and equal opportunity for all.

Merchant & Gould, a national intellectual property law firm, is pleased to announce that its long-time, Denver-based partner Peter Gergely is now the managing partner of the firm’s New York office where he GERGELY will lead its rapid growth Gergely is a trial attorney who leads teams in patent, trademark, copyright, trade secret and commercial litigation.

Institute for the Advancement of the American Legal System is proud to announce that Alli Gerkman and Brittany Kauffman, who have served as initiative directors for many years, have assumed new roles as Senior Directors.

International law firm WilmerHale today announced that attorney Heidi Ruckriegle has been elected to the Board of Trustees of the Rocky Mountain Mineral Law Foundation (RMMLF).She is one of the RUCKRIEGLE youngest trustees in the 63-year history of the organization.

Burg Simpson’s shareholder Dave Hersh supported Craig Hospital’s Pedal 4 Possible event on September 15 event to raise money to help patients achieve independence after a spinal cord or brain injury.

HERSH L ew i s , B e s s , W i l l i a m s & Weese is pleased to announce that it promoted Kate Field to the position of Counsel, effective immediately. Kate practices commercial litigation, advising FIELD and representing clients in disputes related to contracts, oil and gas and energy, real estate, employment, and business practices.

Coan, Payton & Payne, LLC is pleased to announce that G. Brent Coan, managing member, John W. Madden, III, of counsel, and Paul T. Maricle, Esq. were included in COAN the 2019 Edition of The Best Lawyers in America. This is Mr. Coan’s MADDEN sixth year in a row having been selected by his peers for inclusion for corporate and real estate law, Mr. Madden’s fourth year having been selected for his work in construction law, and Mr. Maricle’s first year having been selected by his peers for MARICLE business organizations (including LLCs and Partnerships).

CHANGES Merchant & Gould, a national intellectual property law firm with clients in the Rocky Mountain Region, is pleased to announce that Tadd F. Wilson returned to the firm as a partner, and Brent R. Lindon WILSON joined as an associate. Wilson was an associate with Merchant & Gould from 2004 through 2007, and re-joins the firm from Sheridan Ross. He specializes in LINDON counseling companies on business-focused legal strategies that promote growth and profitability.

Lindon was hired as an associate, with a practice focusing on the prosecution of patents in electrical, software and semiconductor technologies.

Moye White is pleased to announce the five attorneys who have been elected to the firm’s 2019 Management Committee, effective June 22, 2018. Elected by the firm’s equity partners, the Committee includes: WHITE Edward D. White: As co-chair of the firm’s Advanced Energy Group, Ted helps clients discern opportunities and make strategic connections that add business value. Eric B. Liebman: Eric has represented the business and litigation interests of public and private LIEBMAN companies and individuals for more than 20 years. He has substantial experience in a broad range of complex commercial litigation matters across industry segments. William F. Jones: An experienced

If you are a DBA 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 Clair Smith at csmith@cobar. org. Announcements will be placed on a first-come, first-served basis.

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LEGAL AFFAIRS and accomplished litigator, Billy focuses on complex civil litigation and business disputes. He is also active in representing clients in Colorado’s burgeoning brewing and distilling markets. Scott P. Greiner: As an experienced tax attorney, Scott counsels clients on effectively structuring their business, oil and gas, and real estate ventures, as well as insulating wealth from transfer taxes. Thomas M. List: As the firm’s managing partner, Tom has more than 29 years of experience in commercial real estate, and he also has expertise in matters of judicial and public trustee real property foreclosures in Colorado.

Michael Harrison and Kellen Wittkop have joined the Trial Department and Alex Paalborg has joined the Finance & Acquisitions Department of Davis Graham & Stubbs LLP. Mr. Harrison worked on a wide array of civil and criminal matters, which included discovery disputes, dispositive motions, and trials. Mr. Paalborg advises clients on data privacy and security, technology, intellectual property, commercial transactions, and corporate law matters. Ms. Wittkop’s practice focuses on general litigation and trial matters, including complex commercial litigation and business disputes.

Jones & Keller is pleased to announce that Laura L. Lopez has joined the firm as an Associate. Laura focuses primarily on corporate transactions and encompasses corporate governance, mergers and acquisitions, and securities.

Abbey Wallach has joined the Trial Department of Davis Graham & Stubbs LLP. She specializes in complex commercial, employment, and products liability litigation. Ms. Wallach received her undergraduate degree in history from The College of New Jersey, where she graduated magna cum laude, and was a member of the NCAA cross country and track teams for four years.

Mallon Lonnquist Morris & Watrous is pleased to announce that Allen Rozansky has joined the firm as Senior Tax and Estate Counsel.

Altman, Keilbach, Lytle, Parlapiano & Ware, P.C. is pleased to announce that Danita S. Alderton has joined our firm. Danita’s areas of practice include, but are not limited to probate, estate planning, real property, corporation and mediation Altman, Keilbach, Lytle, Parlapiano & Ware, P.C. has relocated to the Thatcher Building located at 503 N. Main St., Suite 125.

Wells, Anderson & Race, LLC is pleased to announce that William D. Healy has joined the firm as an associate attorney. Mr. Healy’s practice focuses on commercial litigation, insurance defense, extra contractual insurance defense, insurance coverage, and other civil matters.

IN MEMORIAM It is with great sadness that we share the news that long time Castle Rock attorney and former DEBA president, John Kokish, passed away on Friday, August 10th.

Former Davis Graham & Stubbs LLP partner Les Woodward died on September 5, 2018 at the age of 86.

He was comforted in his final days by his wife, Marianne, and their four children. Les was a beloved pillar of the DGS community, having been with the firm since graduating from Harvard Law School in 1957. Those who knew Les would tell you that he brought joy to their lives with his compassion, kindness, grace, and humor.

Longtime La Junta attorney and community leader, John Roland Stewart, age 98, died on September 16, 2018. He served his community in La Junta and the surrounding towns, ranches and farms of southeastern Colorado for over 58 years and was recognized for his dedicated service to the legal community by the Colorado Bar Association.

John was a Navy fighter pilot in World War II who led his squadron in the Pacific and earned multiple medals for his courage. After the war he attended the University of Michigan Law School and moved to Colorado in 1948 to begin the practice of law, with a focus on real estate and probate law and estate planning. He served as interim City Manager and City Attorney for the Town of La Junta and generously dedicated many hours of pro bono work toward improvement of the local economy, construction of buildings for Otero Junior College and what is now the Arkansas Valley Regional Medical Center in La Junta.

John is survived by his daughters, Francy Stewart Milner, Mary Kay Stewart and Jan Stewart Clark, his three sonsin-law, five grandchildren and two great-grandchildren.

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PICTURE THIS COLORADO DEFENSE LAWYERS ASSOCIATION ANNUAL CONFERENCE The Colorado Defense Lawyers Association (CDLA) hosted its Annual Conference from July 25 to 29 in Telluride.

The theme of the conference was health and wellness in the law. Kimberley Motley was keynote speaker and gave an inspiring presentation related to her experience as the first and only foreign lawyer to practice in Afghanistan.

Other presenters included Chief Justice Nancy Rice, Chief Judge Alan Loeb, Chief Judge Marcia Krieger, Justice Richard Gabriel, and Judge Terry Fox. The conference included hosted discussions on various legal issues, alongside outdoor break-out sessions such as an X-Treme CLE climb, golfing, and yoga

UNBUNDLING ROAD SHOW On August 15, the Honorable Adam Espinosa and Danae Woody presented the Unbundling Roadshow to 70 members of the Plaintiff Employment Lawyers Association. Judge Espinosa and Woody have been presenting the Unbundling Roadshow — a lunchtime CLE focusing on ethical considerations of providing limited scope representation (a.k.a. “unbundling”) — since 2015. The upcoming Unbundling Roadshow 2.0 will concentrate on practice tips and law practice management for attorneys offering unbundled legal services.

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CBA BUSINESS LAW AWARD CEREMONY On September 12, the CBA Business Law Section Executive Council presented the Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award to Herrick K. Lidstone, Jr. Lidstone was recognized for his many years of furthering the development of practical, comprehensive, and well-drafted business related legislation; for writing about and teaching Colorado business law; and for his devotion to enduring principles of professionalism in his legal career. Lidstone is a shareholder in Burns Figa & Will PC, where he practices in the areas of business transactions, including taxation, limited liability company and corporate formation and organization, mergers and acquisitions, and securities. His contributions to the CBA are extensive and include authoring numerous articles published in Colorado Lawyer as well as several CBA-CLE publications.

COLORADO LAW’S JUDICIAL APPRECIATION RECEPTION CELEBRATES EIGHT YEARS OF MAKING CONNECTIONS On September 13, more than 60 University of Colorado Law School students had the opportunity to meet and learn from distinguished state and federal judges at Colorado Law’s eighth annual Judicial Appreciation Reception, held at Wheeler Trigg O’Donnell (WTO) in Denver. Jurists in attendance included four of the seven Colorado Supreme Court justices and judges from four state trial courts.

WTO President Hugh Gottschalk (’79) warmly welcomed the 85 attendees and introduced Dean S. James Anaya, who thanked the judges for their service and explained the benefits of clerking for judges, both during law school and after graduating.

Other judges who addressed the group included Magistrate Judge Kristen Mix (’85) of the U.S. District Court, District of Colorado; Justice Melissa Hart of the Colorado Supreme Court; Judge Susan Blanco (’03) of the 8th Judicial District Court in Fort Collins; and Judge Patrick Butler of the 20th Judicial District Court in Boulder.

LEAH FUGERE, VICTORIA GUZMAN, AASIA MILLER, AND MADEEHA DEAN October/November 2018 I Docket I 43

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410 17 TH STREET, #2440 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254 44 I Docket I October/November 2018

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