2016 October

125 YEARS

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

Promoting PROFESSIONALISM

2 The Docket I October 2016

VOL. 38 ISSUE 9 I OCTOBER 2016

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A MESSAGE FROM DBA PRESIDENT NANCY COHEN RAISING THE BAR: A CONVERSATION WITH DBA YLD CHAIR KLARALEE CHARLTON SO, HOW DO YOU LOOK? EASE INTO PRO BONO WORK DURING PRO BONO WEEK 2016

October 2016 I The Docket 3

INSIDE 5 10 15 16

Letter from the Editor

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How Lawyers Can Maximize Their Presence on LinkedIn in Five Smart Steps

22 23 24 26 33

Seat at the Bar

Top Ten Networking Tips Briefly Market Yourself and Grow Your Network Through Volunteering

MVL Begins a New Chapter in Its History Law Student Chronicles Game of Loans: Interest is Coming DBA Member Highlight

IN EVERY ISSUE 30 30 31 32 34

Bar Resources Briefs Dates on the Docket Legal Affairs Picture This

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

THE DOCKET

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

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

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

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

DBAdocket.org 4 The Docket I October 2016

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.

Letter from the

EDITOR

OCTOBER 2016

DEAR MEMBERS: For many, October calls to mind panoramas gilded with quaking aspen and an edge to the air that is reminiscent of applecrispness. But for lawyers, October is a month of more pointed than painterly significance, for it marks the celebration of Pro Bono Week (October 23–29). Such an occasion inspires us to pause and reflect on the chivalric integrity that is integral to the legal profession and to the furtherance of justice.

This year, Colorado Supreme Court Chief Justice Nancy Rice has again declared October to be Professionalism Month. While in mainstream society the definitions of “professionalism” are as varied as they are subjective, when applied to lawyers, the term’s meaning takes on a degree of striking specificity. The following definition was formally adopted by the Professionalism Coordinating Council on March 11, 2015: 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, which has been endorsed by Chief Justice Nancy Rice, addresses three key dimensions: conduct, values and duty.

In this context, “professionalism” is more about the concrete than it is about the abstract.

I hope that this issue of The Docket will inspire new and seasoned attorneys alike to take the high road at every turn and to harness their personal power to address the inequities in the access to justice equation. After all, according to the laws of physics, every action and inaction will inevitably trouble a star.

With warmest regards,

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

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A MESSAGE FROM DBA PRESIDENT

{

NANCY COHEN

“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to respond to needs outside themselves, to help repair tears in their communities.” ~ U.S. Supreme Court Associate Justice Ruth Bader Ginsburg (March 2014)

In the United States, income inequality is a major societal issue. Many individuals cannot afford lawyers for their divorce cases, business disputes, tenant disputes and other relatively simple matters. To put this in perspective, a person charged with a crime who has little or no funds is offered a lawyer. If the public defender’s office cannot take the case, criminal defense lawyers accept cases through the Alternate Defense Counsel, and their hourly rates are significantly reduced. In contrast, people with limited means who have a civil matter don’t have the same opportunities to get a lawyer.

Many lawyers give back to their community and society. While lawyers 6 The Docket I October 2016

volunteer their time to take on pro bono cases and serve on DBA committees and nonprofit boards, there is still progress to be made when it comes to access to justice.

While you are enjoying the change of seasons and waiting for the Halloween candy to arrive, remember that Pro Bono Week is October 23–29. The Colorado Supreme Court encourages every lawyer to provide at least 50 hours of pro bono and related legal community service per year. Look at the current issue of The Colorado Lawyer to see how many lawyers have participated in this program. If your name is not there, or if your firm is not listed, now is the time to get involved.

We applaud those lawyers who take pro bono cases for individuals. We also thank the law firms that support their lawyers in handling cases that will make a significant difference in individuals’ lives. These cases involve improvements to the criminal justice system, school funding, veterans’ access to services and other issues that impact people’s everyday lives. Despite the good work that lawyers do, many people still do not have access to legal services concerning basic needs because they cannot afford a lawyer. Unfortunately, the demand for pro bono work remains unmet.

The DBA has great programs that facilitate pro bono activities. This year marks the 50th anniversary of Metro

}

Volunteer Lawyers (MVL). Its mission is to provide pro bono civil legal services through volunteer lawyers within the Denver metro area. Please stop by the DBA offices and meet our new MVL director, Toni-Anne Dasent. I would also encourage you to attend the DBA’s premier event in the spring, the Barristers Benefit Ball, which raises critical funds for MVL. Finally — and most importantly — become a champion of MVL’s “50 hours for 50 years” challenge by taking a case.

If handling an individual pro bono case is not your cup of tea, the DBA has an Access to Justice Committee cochaired by Noah Patterson and Shelly Dill that offers fantastic opportunities to provide pro bono legal services. (Check out their introduction to the Access to Justice Series in the September 2016 issue of The Colorado Lawyer.) The committee works on many different pro bono projects, including monthly pro se clinics for bankruptcy, family and child support, Legal Nights, the Colorado Poverty Law Clinic, and other wonderful programs. This is a great way to meet your colleagues while giving back to the community.

I recently read an article about the positive impact that giving back to the community has on your well-being. By helping others, you are helping yourself.

That is what I call a win-win situation!

Enjoy the cider, fall leaves and that warm feeling you get by doing pro bono work.D

125 YEARS

THE DENVER BAR ASSOCIATION IS TURNING 125 THIS YEAR! Come celebrate its long history by visiting where it all started: The Odd Fellows Hall.

Network with new and tenured members, meet your DBA leadership and learn about opportunities to volunteer in your community — all while exploring the beautiful space.

THURSDAY, OCT. 13 5:30–7 p.m.

Boney’s BBQ I 1543 Champa St., Denver

RSVP: This event is free to all members,but please RSVP either online through the events calendar, by emailing lunches@cobar.org, or call 303-860-1115, ext. 727.

Drinks and appetizers will be served.

Celebrate Pro Bono Week Local nonprofit organizations will have representatives at the 125th Celebration to speak with you about opportunities to give back to your community. Be sure to join us in celebrating DBA’s 125th Anniversary and Pro Bono Week!

October 2016 I The Docket 7

RAISING THE BAR: A Conversation with DBA YLD Chair Klaralee Charlton inevitability, the eastbound–westbound trajectory of Klaralee’s life confirms that she is an accomplished go-getter with a global perspective. Though she hails from Montana, she now feels firmly rooted in Denver. She is excited to be serving the residents of Colorado in matters pertaining to estate and trust administration, estate planning, and estate and income tax planning. Her undergraduate pursuits in political science took her to Bryn Mawr College, an all-women’s liberal arts institu-

“DESPITE THE MANY DEMANDS IN HER LIFE, KLARALEE IS AS MUCH OF A PRO AS SIMONE BILES WHEN IT COMES TO BALANCING ACTS.”

By J e ssica A . Volz The Docket recently sat down with Klaralee Charlton, an associate attorney with Katz, Look & Onorato, to discuss her aspirations and motivations as chair of the Denver Bar Association’s Young Lawyers Division.

FOR KLARALEE CHARLTON, perhaps nothing could be more thrilling than becoming chair of the Young Lawyers Division (YLD) during the Denver Bar Association’s 125th anniversary — a year made all the more significant by the fact that never before have the CBA, DBA and ABA all had female presidents at the reigns. We are at Fluid, the hip Novo coffee shop down the road from the bar associations’ offices. Although the neighboring construction site is no longer crowned by towering cranes, glinting like baguette diamonds in the sunlight, the spirit of progress continues to infuse the August air like a teabag in hot water.

With a steaming chai in hand, Klaralee appears cool and collected, beaming the unassuming determination that undoubtedly translated her passion for numbers into a rewarding career in problem-solving. “So, how did it all begin?” I ask, knowing that routine questions often yield unexpected answers.

“Well, the last redoing of the tax code happened the year I was born,” she explains with a smile. The background noise hits a dramatic note, as if to punctuate her point.

While her choice of career may have been a star-crossed 8 The Docket I October 2016

tion on the outskirts of Philadelphia. “It was one of the best decisions of my life,” she remarks. Her rigorous course load motivated her involvement in the college’s volunteer income tax assistance site, a nationwide program providing free tax preparation services to seniors and low-income families. “That sparked my initial interest in taxes and tax law,” she explains.

Through her efforts and dedication, the program grew from five volunteers to more than 30. Even if watching Judge Judy was what first inspired her to become a lawyer, this real-life exposure was what cemented her desire to complete a law degree at the University of Utah and then a Masters of Tax Law at the University of Denver.

Klaralee’s involvement in the bar association came about naturally, thanks to the laws of randomness and her exuberance for healthy cooking. She recalls catching sight of some social media posts about Barristers After Hours and other networking events. She worked up such an appetite for bar association activities that she decided to enter her recipe for Zucchini Qui-

Klaralee and her husband, Ron Mosness, planting trees with the CBA’s reforestation program.

Bryn, Scout and Lucy wear their nurse party hats for Klaralee’s sister’s graduation. noa Boats in The Docket’s recipe contest — and won. The rest is history: “I wanted to find a position where I felt active. The Tax Section was also very welcoming and open to putting young members in leadership roles. Now I’m secretary of the Tax Section Board.”

Klaralee is intimately acquainted with the unprecedented challenges that new and young lawyers are confronting today.

After all, as a tax attorney, issue spotting is one of her greatest strengths. “It used to be that lawyers started out as apprentices.

Now there isn’t the same sort of mentoring going on at most firms. That’s why the bar and the YLD are important, especially in a tight job market.” As Klaralee works with DBA President Nancy Cohen to implement the bar association’s five-year stra-

tegic plan, she wants to help other young lawyers champion whatever hurdles they may be facing. “So much is about putting yourself out there and realizing the power of asking. Young lawyers need to step out and do these things,” she emphasizes.

“They need to establish their legitimacy, and that’s what the bar, by providing customized programming and networking opportunities, can help them do.”

Despite the many demands in her life, Klaralee is as much of a pro as Simone Biles when it comes to balancing acts. She and her husband Ron have three silky terriers (Lucy, Scout and Bryn) that keep them on their toes. As well as making pilgrimages to the many great breweries that the state has to offer, she and her husband also make time for globetrotting expeditions (think skydiving in Dubai).

The background buzz of baristas in action starts to reach its mid-morning lull. The late-summer sun is beckoning, and DBA YLD Chair Klaralee Charlton heads out, ready to seize the moment, even on a Friday. The future of the DBA YLD is so bright that I find myself squinting through shades. D

Jessica A. Volz is a Communications and Marketing Strategist for the Colorado and Denver Bar Associations, as well as the Editor of The Docket and an editor for The Colorado Lawyer. 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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TOP TEN Networking Tips

By E mma Garrison

NEED 1. DON’T WAIT UNTIL YOU NEED SOMETHING TO START NETWORKING. A Chinese proverb says, “The best time to plant a tree is 20 years ago, the second best time is now.” The same goes for networking.

2. SHOW UP TO NETWORKING EVENTS. 80% of life is showing up.

4. WHEN SOMEONE TELLS YOU THEIR NAME, REPEAT IT BACK TO THEM. This will help you remember it.

10 The Docket I October 2016

3. IF YOU’RE NERVOUS ABOUT AN EVENT, ARRIVE EARLY! It is usually less intimidating to walk into a room with only a few people and easier to strike up a conversation.

5. OUR ABILITY TO LISTEN IS MORE IMPORTANT THAN YOUR ABILITY TO TALK. Ask open-ended questions, figure out what the other person is interested in and look for common ground.

Shake it off!

6. BE POSITIVE! Few people are drawn to complaining or snide comments.

7. DON’T MAKE THE “HARD SELL.” Networking is about making friends, not seeking out favors.

9. IF YOU WANT TO POLITELY EXCUSE YOURSELF FROM A CONVERSATION, some handy phrases are, “I’m going to get another drink,” or “excuse me, there is someone else I want to say hello to.”

8. IF A CONVERSATION FEELS AWKWARD, SHAKE IT OFF AND MOVE ON. You won’t knock every encounter out of the park and that’s okay. The purpose of networking is to find other people you like and can connect with.

10. FOLLOW UP WITH ANYONE YOU ENJOYED MEETING. Send an email or connect on LinkedIn or Facebook.

October 2016 I The Docket 11

SO, HOW DO YOU LOOK?

By M e r rily n A st in Ta rlton

12 The Docket I October 2016

even a few from former employees. (Hope they’re good!)

But there will also be some things you wish weren’t there: Facebook photos tagged by others. Goofy Instagram selfies you actually posted yourself. Ancient news items, links that go nowhere or, worse, connect to dicey sites. Letters to the editor.

Complaints to city council.

Is there no end? It can seem that way. Merely one version of my own name right now brings up 1,750 hits! No potential client in her right mind will go through all of them. But still...

FOCUS IS THE NAME OF THE GAME

The first — and most important — marketing steps that any young lawyer must take are to: 1. Decide what kind of work you want to spend your professional life on; 2. Figure out what kind of person will pay money to a lawyer to do that kind of work; and 3. Identify the characteristics that person will look for in a lawyer.

This should inform all of your marketing activity. It tells you what kind of work to look for, where to look for it and how you must appear so that the right kind of people can find you.

Once you know what type of lawyer you want the world to see in you, it’s good to have a baseline. What do they see now?

So let’s get started. Pull up the Google search window.

Type your name inside quotation marks and hit “Enter. (Run the search twice if you use different versions of your name — say, with a middle or maiden name.) And there you are. Scroll through it and see how you look to a stranger seeking information about you. Who does the world see right now when it looks at you through the online lens? What kind of impression do you make?

You’ll find the good stuff over which you’ve had some control: your LinkedIn profile; your firm’s website, complete with lovely photo and bio; links to articles you’ve published, blog posts you’ve written and speeches you’re scheduled to make.

You’ll find the big lawyer directories. (Wonder what they have to say about you...) You’ll also find some surprises, like unsolicited reviews of your services by former and existing clients — maybe

If I do that search on your name and rummage through a few pages of hits, the nature of your practice should become obvious. Will it? And if it does, is that the kind of practice you WANT? Can I tell from the list of articles, speeches, biographies and news articles that you are a Colorado Springs trial lawyer focused on representing plaintiffs in sports equipment-related injuries — just as you want? Or will you look more like a lawyer who has bounced all over the place in the past decade — trademarks, Brownfields, oil and gas, domestic and personal injury?

There’s nothing wrong with any of that, of course, but if elsewhere you’re presenting yourself as an expert in bicycle race injuries, be prepared to respond to questions about why you’ve been so fickle and how those skills translate — if at all. (And think long and hard next time before accepting that invitation to speak at a conference about trends in uncontested divorce law.)

Or maybe when I run that search, you will look like someone who doesn’t care what the world thinks about her. Three different LinkedIn profiles with your name on them, but none with a photo, and none with complete information? Five years since you’ve posted on that blog you started? Have you neglected to provide current contact information to online directories or professional associations, resulting in five different email addresses with three different firms?

a sweep of every social network “ Dowhere you have an account.”

Or perhaps I will stumble on the side of you that you’d rather keep from clients’ eyes. No client wants to know you celebrate July 14 by dressing as Marie Antoinette and storming the men’s room. Or that your Star Wars name is Bulsar Vulan.

While you don’t want to completely sanitize your personality, certain things just don’t shout “effective professional” or leave the impression that you’ll understand the import of a client’s concern.

CHECKLIST: CLEAN UP YOUR ACT The good news is now you have a focus. So, before you jump into doubling your Twitter followers, branching into Tumblr or October 2016 I The Docket 13

feed, providing another opportunity for you to reconnect with people. Or not.

• WHO LOVES YA? You are who you hang out with.

Is it time to do a little housecleaning among your followers and friends? Prune a few?

• VISIT COMPETITORS’ PROFILES. What do they look like? How much information do they share? Take a tour (do it periodically). Potential clients will compare you, so why not know what you’re up against.

Now get started refining your online image — and that resume — into something that will speak directly to your ideal client! D

launching a YouTube channel, get your current act cleaned up, okay? Do a sweep of every social network where you have an account.

•

•

•

•

•

GET SQUEAKY CLEAN. Go back in time and eliminate rough language or references. You know what I’m talking about. Not just on Facebook and Twitter, either.

Photo-sharing sites, such as Flickr, Instagram, Tumblr and Pinterest, as well as video-sharing sites, such as YouTube and Vine, may contain unflattering content.

(While you are checking, watch for language that may run afoul of ethics rules.)

HUSH IT UP. Learn about privacy settings and change them to support the brand, or personal image, you seek to project. Don’t get too heavy-handed, though — people like to know you’re hip to the Internet and not a trembling wad of social media paranoia.

UPDATE EVERYTHING. Make certain your bios and profiles are totally up-to-date. Schedule time to update them regularly. Published something new? Elected to head a nonprofit board? Changed your name? It all needs to be current — and consistent.

PUT A GOOD FACE ON IT. Replace your headshot on the social networking sites with something a little more current — and not something taken with a smartphone. Look as professional as you are. A smile helps.

Pay for a good photo that conveys exactly what you want to project.

REDECORATE. Most social media sites provide a way to personalize your page with cover and background images. Do it but be tasteful; the image tells people something about you. Keep it fresh. Here’s an added incentive: Every time you change your cover image on Facebook, the new one rolls by in your friends’ news

14 The Docket I October 2016

Merrilyn Astin Tarlton has been helping lawyers think differently about the business of practicing law for more than 30 years. This is an adapted excerpt from her new book, Getting Clients: For Lawyers Starting out or Starting Over. She is a founder of attorneyatwork.com, where you can receive “one really good idea every day.” Follow her on Twitter: @astintarlton.

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Great Escapes:

The popular BBC miniseries Poldark returns for a second season this fall. According to the third book in Winston Graham’s Cornish saga, we know that Ross Poldark (Aidan Turner) will be put in front of a courtroom, charged with pilfering the contents of a shipwreck and inciting a riot — crimes that are punishable by death. It’s the year 1790, and there are more cliffhangers than cliffs on the horizon.

Tune in to MASTERPIECE (PBS) on Sunday evenings through November 27. The DVD will be released on November 22.

October 2016 I The Docket 15

MARKET YOURSELF AND GROW YOUR

NETWORK THROUGH VOLUNTEERING

By Paul M ille r Volunteering is a great way to get your name out there, make yourself marketable, meet new contacts, learn new skills and provide a public benefit — all while having fun and being appreciated for your hard work and effort.

I first started volunteering a little over 20 years ago, shortly after I was licensed. I met an attorney who had been practicing since the early 1970s; he eventually became one of my employers and mentors. Larry had several rules about practicing law.

These rules were never written down, and sometimes you didn’t know it was a rule until you broke it. It was simultaneously funny, enlightening and unnerving. One of his rules was, “Always have a legal aid client.” He told me this the first day I started working for him.

16 The Docket I October 2016

Since then, I have always participated in volunteer work in some form or another. Hopefully this article will inspire and encourage you to start volunteering, as it is so beneficial to you and your practice. Volunteering, like any good investment, will only cost you two things: time and money.

If you’ve been recently admitted and have more attorney tomorrows in front of you then yesterdays, it’s probable that you have some extra time on your hands. Give some of it to those who genuinely need help. Eventually, this gift of time will become habitual. You will start scheduling it into your calendar; you will look forward to your charity work; and it will become part of your ideology. It’s a great habit to get into.

You will have some out-of-pocket expenses, such as gas and meals. However, the knowledge, experience, networking opportunities, lifelong friendships, job offers and clients that you will gain through your volunteering efforts will greatly overshadow these minimal expenditures. Most importantly, it makes you feel good knowing that you’re using your talents to help your community.

Before you start volunteering, be thoughtful of exactly where and for whom you will work. Your time volunteering should be incorporated into your marketing strategy, and you should consider how to implement volunteering into your overarching marketing plan. Even if you’re looking for a job in a big firm, you should be developing a way to market yourself to those employers.

There are volunteer opportunities in every major area of

law, the exceptions being traffic and criminal law. Organizations including Colorado Legal Services and Metro Volunteer Lawyers provide services to indigent and low-income clients. They are in regular need of attorneys in the following areas: family, estate planning, elder, health, consumer, agency, employment, civil rights, business, juvenile, migrant, Native American, tax and immigration. The Colorado Poverty Law Project, Colorado Attorneys for the Arts and Court Appointed Special Advocates for Children always welcome new volunteer attorneys.

These are just some of the many organizations that are looking for attorney help. There are also pro se clinics and other volunteer opportunities through your bar association or at the courthouse. Some of these opportunities may give you the experience that many large firms look for in new hires.

There are so many opportunities to interact and connect while fulfilling a community need. By volunteering, you will become a better attorney and expand your network while inevitably marketing yourself or your firm.

Nonprofit organizations and public institutions need volunteer attorneys too. There is approximately one Colorado nonprofit for every 200 people. Helping these organizations is another way to grow your network.

Not only do these nonprofits need attorneys, they need volunteers in general; the friendships you gain from improving your community or the environment will last a lifetime.

Lastly — and I would do this first — speak with the CBA, DBA or a specialty bar association about what volunteer opportunities they have available.

If you’re considering implementing volunteering in your marketing strategy, please keep the following points in mind: • • • •

Volunteering should be fun; choose something you enjoy.

Find an interest or a passion that you truly believe in and commit to it.

Make friends and try new things.

If a leadership opportunity presents itself, step up to the plate.

While I was writing this article, I wondered what happened to my old friend Larry. I lost contact with him 15 years ago.

When I looked up his bar number, it came up deceased. I discovered through social media that he passed away two years ago.

He even had a rule for that: “Attorneys only retire when their number comes up deceased.” Typical Larry!

I’m glad I had the pleasure of knowing and working with Larry. He taught me that attorneys have a societal responsibility; it’s an obligation, as well as a privilege to serve the public. As a result of volunteering, you’ll grow as a person and an attorney, and your law practice will grow as well. I hope you will follow his example and make volunteering part of your practice. D Paul Miller is a sole practitioner whose firm specializes in estate planning, nonprofits and small business law. In his spare time, he enjoys skateboarding, snowboarding, playing golf and working with young people. He can be reached at paul@pmillerlawoffice.com.

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VOLUNTEER CORNER EASE INTO PRO BONO WORK DURING PRO BONO WEEK 2016

By L aure n D ickey and Mat t P ie rce Despite our best intentions, too many of us either haven’t started doing pro bono work or just don’t do as much of it as we’d like. This October 17–21, the DBA Access to Justice Committee offers you several chances to ease into pro bono work in honor of Pro Bono Week 2016.

We all know the reasons for doing pro bono work. The law changes people’s lives, yet many cannot afford legal services or navigate the courts themselves.

Our expertise allows us the unique opportunity to benefit those in need.

In turn, doing pro bono work improves our skills, elevates the profession and strengthens a central pillar of modern society: the Rule of Law. So, if doing pro bono work is so great, why don’t we do more of it? Some of us feel that we can’t spare the time, particularly in view of the specter of the “simple” case that swells unexpectedly.

Others who are new to the profession may fear the ethical risks of venturing

“The law changes people’s lives, yet many cannot afford legal services or navigate the courts themselves.” into an unfamiliar type of practice.

Pro Bono Week 2016 is intended to address these concerns and enable you to fulfill your pro bono aspirations.

For a low-commitment introduction to legal volunteering, join us at 4 p.m. on Tuesday, October 18 at Mi Casa Resource Center for a combined Introduction to Legal Night and CLE on the ethics of Legal Night volunteering. Legal Night is an open house where volunteer attorneys provide free legal and referral information on a variety of subjects to people who cannot afford to hire a lawyer. The introduction will first cover what goes on at Legal Night. Then, a representative from Attorney Regulation Counsel will address ethical issues* relevant to 18 The Docket I October 2016

Legal Night volunteers — for example, what is the line between legal “information” and legal “advice”? Do you need to worry about your competency to provide information in areas you don’t practice?

Legal Night will follow at 5:30 p.m., and this CLE will be free to anyone who stays on to volunteer. RSVP to lunches@cobar. org.

If you’d like to learn how to offer free or low-cost legal help without committing to full-scope legal representation, join us for another ethics CLE**: the Unbundling Roadshow. “Unbundled” legal services allow lawyers to serve modest-means clients with more limited services than traditional full-scope representation, thus removing cost and time barriers for providing legal advice to those in need. The Unbundling Roadshow, presented by Judge Adam Espinosa and Danae Woody, will address the practical and ethical considerations involved in integrating unbundled legal services into your practice and will be held at noon at the Colorado Bar Association’s offices on Wednesday, October 19. Lunch will be provided. RSVP to lunches@cobar.org.

Finally, help us kick things off the week before Pro Bono Week 2016 with the Denver Bar Association’s 125th anniversary party on Thursday, October 13.

You’ll learn about the DBA’s rich history of pro bono work and receive information on how to get involved.

Regardless of your experience level, the DBA Access to Justice Committee encourages you to learn about and get involved in all of the Pro Bono Week events! D * The Committee is applying for one ethics credit for this program. ** This program has been approved for one ethics credit.

The Denver Access to Justice Committee is made up of Denver-area lawyers committed to helping underrepresented individuals secure legal information, advice

and representation. It is the local chapter of the statewide Access to Justice Commission and meets monthly at the bar association.

For more information, contact co-chairs Noah Patterson (pattersonnoah@hotmail. com) and Shelly Dill (shellrafiki@hotmail. com).

Lauren Dickey came to Colorado four years ago for a clerkship and loved it so much that she never left. She is now an Assistant Attorney General in the Consumer Protection Section of the Colorado Attorney General’s Office and a member of the Denver Access to Justice Committee. She can be reached at lauren.dickey@coag.gov.

A fter a previous career as a computer programmer in South Carolina, Matt Pierce came to Colorado for law school at DU. He is now a law clerk for Justice William W. Hood III and an active member of the Denver Access to Justice Committee.

Matt and his wife Liz live in Littleton with their two children, Jack (2) and Eleanor (1). He can be reached at william.pierce@ judicial.state.co.us.

HOW LAWYERS CAN MAXIMIZE THEIR PRESENCE ON LINKEDIN IN FIVE SMART STEPS

By M e r anda V iey r a LINKEDIN IS ONE OF THE MOST POWERFUL NETWORKING AND SOCIAL SELLING TOOLS AVAILABLE FOR PROFESSIONALS — INCLUDING LAWYERS. The company advertises that more than 450 million people are registered users; this number literally grows by the second (two new users per second to be exact). Since its founding in 2002, LinkedIn has continued to grow and add depth to its user experience through new features. In an age where the trend of using social media sites can seemingly change in the blink of an eye, LinkedIn is still thriving, and it’s thriving because it works.

LinkedIn is essentially a 24/7 networking event, and the possibilities for generating business through this platform are out there for all legal practice areas. So the question for lawyers is not why to use LinkedIn but how. Successful users of the site update their profile properly and engage with their network through posting, making new connections and requesting group membership. The most successful users go a step further and convert their online relationships to offline client leads and referral sources.

October 2016 I The Docket 19

firm website biography, it actually isn’t. When you are drafting your summary statement, go easy on the “I,” focus less on you and more on your potential client or referral source. Also, consider answering the question “What do you do for your clients?” rather than “What do you do for a living?” There are plenty of places on your page to provide information about your education, honors, awards and credentials. The summary area is important real estate on your LinkedIn profile to focus on the needs of your potential client, professional connection or business referral source.

STEP TWO: YOUR POSTS Your LinkedIn posts should be frequent, deliberately chosen and always confirm your professional reputation.

Here are five smart steps that lawyers can take today to maximize their presence on LinkedIn:

STEP ONE: YOUR SUMMARY SECTION Draft the summary section of your LinkedIn profile in a first-person conversational tone.

Although the summary section of your LinkedIn profile page would seem to be a good place to cut and paste your law

After you have updated your LinkedIn profile, you should focus on a strategy to guide the content you will post to your network. LinkedIn will be most effective if you post once per weekday. That suggested frequency of posting can be daunting but is made easier when you realize that postings are a blend of your original content and sharing other people’s content found in your news feed. Through an online news alert, you can watch industry headlines related to your practice area for articles to read and share. You can also plan ahead and post a few lines

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800.906.9654 GilsbarPRO.com 20 The Docket I October 2016

about key case wins in your practice area or draft case studies showcasing your skill and expertise. The frequency and consistency of your posts have the power to make you the “go-to” lawyer in your practice area.

STEP THREE: YOUR CONNECTIONS Strive for quality and quantity in your LinkedIn connections.

What’s the point of having a great summary statement or pushing out valuable posts if no one is there to read them? At a minimum, your contacts on LinkedIn should mirror your client and referral email database as much as possible. Consider that you probably only interact with these key people in your career a few times a year. LinkedIn allows you to be in front of them with more frequency through regular posting — for free. Be in the habit of following up after business meetings and networking events by sending out LinkedIn connection requests to the new people you meet. Also, make sure to add your friends, vendors and colleagues to your connections. Being proactive about developing new connections on LinkedIn is a key way to build business relationships.

STEP FOUR: YOUR GROUPS

“LinkedIn is essentially a 24/7 networking event.” ther with your LinkedIn network. Consider sending messages to ask potential clients to coffee or to provide them with relevant news. If you see someone has viewed your profile, take the opportunity to chat with them to ask if there is anything that you can help them with. Also, make sure to look for signals of business change or growth in your network to see where you can comment to showcase your insight or expertise. The potential for business leads on LinkedIn is as good or as bad as you choose to make it. D

Meranda M. Vieyra is the owner of Denver Legal Marketing LLC, which was founded to bring her years of experience in high-level legal marketing to solo practitioners and small law firms. Her impactful marketing services focus on recognition, promotion and visibility for Colorado lawyers in all practice areas. She can be reached at meranda@denverlegalmarketing.com.

Join and participate in LinkedIn groups that compliment your practice areas.

A LinkedIn presence is not the magic wand of rainmaking, but it is an area where a little effort can go a long way. This is especially true with regards to lawyers joining groups on LinkedIn. It is ideal to seek out both legal and non-legal groups that compliment your practice areas. There are tons of non-legal groups with high membership of small business owners, groups dedicated to networking for local businesses, groups for female entrepreneurs and groups associated with minority professionals, etc. There are also groups specifically for lawyers in certain practice areas, alumni organizations and bar associations. The key is to join groups and then be active in them. LinkedIn can provide you with an email digest of the topics being discussed in your groups. This is a great feature to use for quickly monitoring topics to see if there is an opportunity to like and share your ideas with the members. Be sure to join the Denver Bar Association’s LinkedIn group and start a conversation while you are at it.

STEP FIVE: YOUR LEADS Lawyers on LinkedIn have a great opportunity to convert their online connections into offline business relationships.

If you are looking for ROI on your marketing efforts, LinkedIn blows other social media platforms out of the water. But social networking sites, like LinkedIn, only work if you are social. This platform is especially great for introverted people who have trouble initiating face-to-face conversations. The site’s messaging feature is an easy way to casually connect fur-

Welcome to the Bar Reception Monday, Oct. 31 4 to 6:30 p.m.

Limelight Supper Club & Lounge 1335 Curtis St., Denver (across from Boettcher Concert Hall in the Performing Arts Complex) The CBA and DBA Young Lawyers Division would like to celebrate those who have just been sworn in to practice law with the rest of the Denver legal community. Everyone is invited to attend a complimentary post-swearing in reception immediately following the Oct. 31 attorney admission ceremony.

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

October 2016 I The Docket 21

SEAT AT THE BAR: WHAT THE DBA YLD DOES FOR YOUNG LAWYERS

By R aul C h acon, J r .

Legal culture, legal community, “the bar” — terms that, to an outsider, seem imposing, foreign, mysterious and even threatening at times — can and should be words that young lawyers understand and absorb in their professional identities.

But every young lawyer must struggle initially to find out how to be part of the legal community after defining what that community is. This is nothing short of a daunting task. Fortunately, the DBA YLD is here to help.

The DBA YLD’s purpose is simple: to stimulate the interest of young and recently admitted lawyers in the objectives of the Denver Bar Association, to promote professional and social understanding and cooperation among young and recently admitted lawyers, and to contribute to the educational and professional advancement of all lawyers in general and young and recently admitted lawyers in particular. In short, the DBA YLD exists to help young lawyers find their place in the legal community and to feel engaged. The DBA YLD is a member and participant-driven organization, and its ability to serve its purpose depends on young lawyers’ involvement.

This year, the DBA YLD has a wide range of opportunities for young lawyers to be involved in the legal community. Some events are specifically designed to motivate young lawyers to practice and introduce them to critical resources. For example, the DBA YLD is sponsoring its annual Court Orientation on November 17. This event is a full-day, low-cost CLE featuring judges, court staff and practicing attorneys. It is designed to

“We hope you will join our dynamic community!” arm young lawyers with the tools they need as they begin work as practicing attorneys. Court Orientation also serves as an informal networking platform through which young lawyers can meet and connect with other newly admitted lawyers. At the conclusion of the event, young lawyers will be able to network with even more members of the legal community at this fall’s premier Barristers After Hours happy hour social.

CLE opportunities don’t stop at Court Orientation. The DBA YLD sponsors monthly CLEs designed by young lawyers and for young lawyers as part its Coffee Talk Series. Coffee Talk offers low-cost CLE credit and features topics specifically aimed at young lawyers. In addition, Coffee Talk serves as a forum for young lawyers to give accredited CLE presentations and is an ideal public-speaking opportunity for young lawyers. Young lawyers can also get published by submitting articles to appear on the DBA YLD’s blog. Any member of the DBA YLD executive council can facilitate planning a Coffee Talk presentation or a blog entry.

22 The Docket I October 2016

Social and professional networking opportunities also abound. From monthly Barristers After Hours to organized outdoor activities, including hikes, the annual Ski CLE trip, sporting events, relay teams for the Colfax Marathon and the spring Golf Tournament, young lawyers have countless ways to get to know their peers.

Young lawyers also have the opportunity for community involvement through Lawsuit Days (a clothing drive sponsored each fall), food drives, book drives and other events throughout the year. The success of these activities depends entirely on member participation. Young Lawyers can help coordinate and contribute to these community-focused activities that help raise the visibility and impact of the legal community.

Young lawyers can stay up-to-date with upcoming DBA YLD events though its newsletter, by visiting dbayounglawyers.org and by checking us out on LinkedIn, Facebook and Twitter. We hope you will join our dynamic community! D

Raul Chacon, Jr. is an associate at Ogletree, Deakins, Nash, Smoak & Stewart and currently serves on the DBA YLD Executive Council. He can be reached at raul.chacon@ogletreedeakins.com.

METRO VOLUNTEER LAWYERS BEGINS A NEW CHAPTER IN ITS HISTORY

By J e ssica A . Volz looking forward to working with a dedicated and knowledgeable team to continue to provide access to justice for those in our community who would otherwise not be able to obtain fair and competent legal representation,” commented Dasent. She feels fortunate to have a team that works with Colorado Legal Services to assist many clients through the Family Law Court Program, Pro Bono Attorney Program, Post Decree Clinic, Power of Attorney Clinic and Legal Clinic at the Denver Indian Center.

“I am grateful for the dedication and hard work of the current and past team members and past directors who have achieved so much in their time,” she said.

For Dasent, MVL is more than a job: It is a passion infused with responsibility. “My intent is to steadfastly promote those aspects of legal services in which we excel and work toward achieving greatness in those areas where there is room for improvement,” she explained. “I look forward to working with the Denver Bar Association and Colorado Legal Services in this new capacity and to continuing to provide exemplary services to our community.” D

The Denver Bar Association recently welcomed Toni-Anne Dasent as the new director of Metro Volunteer Lawyers (MVL).

She assumed her responsibilities on August 22, 2016.

Dasent holds a Bachelor of Laws from the University of Windsor, Canada, where she also served as director and group advisor of the university’s Community Legal Aid Program.

She went on to become a member of the Law Society of Upper Canada in Ontario, and after spending some time working for Canada’s largest law firm, she relocated to Colorado in 1994.

Shortly after moving to Colorado, Dasent started as an intake volunteer for the Legal Aid Society (now Colorado Legal Services). After passing the bar exam, she continued to work as a volunteer attorney, devoting her energies to Project Safeguard in Judge Brian Campbell’s Denver courtroom. There, she assisted clients who were seeking restraining orders. Her dedication to helping underserved populations with their civil legal matters fueled her longstanding commitment to volunteering with MVL’s Family Law Court Program and taking on individual cases in a pro bono capacity.

Dasent is well-versed in MVL’s 50-year history and wants to ensure that the organization remains a dynamic force in promoting a more equitable society. “As director of MVL, I am

METRO VOLUNTEER LAWYERS

is a pro bono program through the Denver Bar Association.

It is co-sponsored by the Adams/Broomfield, Arapahoe, Douglas/Elbert, and 1st JD Bar Associations.

MVL has been providing lawyers with a vehicle for offering free and low-cost legal services for civil matters to those in need in the Denver area since 1966.

MVL’s 50th Anniversary is the perfect time for achieving your 50-hour pro bono goal!

For information about how to get involved in the MVL 50 Hour Challenge or donate to MVL, visit,

METROVOLUNTEERLAWYERS.ORG.

October 2016 I The Docket 23

LAW STUDENT CHRONICLES: “BAR” STAR BY DAY. LAW STUDENT BY NIGHT.

By R e b ecca S pe nce As I walked off the elevator on the ninth floor of my downtown office space, I sleepily lugged my overstuffed book bag to my desk and plugged in my password to fire up my desktop. Before August 15, my routine involved selecting the next episode in my never-ending queue of “This American Life” and scrolling through the “quick and dirty” news highlights before assessing my workload for the day. I picked up both habits in my journalistic and public relations endeavors prior to securing my current 9-to-5 position. Now that August 15 has come and gone, my days have started to run a slightly different course.

Deciding to apply for the evening program at the University of Denver’s Sturm College of Law was not an easy move to make. I spent time consulting with attorneys, current law students in both the day and evening programs, members of the legal community, mem24 The Docket I October 2016

bers of academia, friends, random strangers with a lot to say, other people thinking of taking the LSAT, and family members before even deciding that going to law school was a goal that I wanted to achieve.

After a seemingly endless 30-day wait period, I received my acceptance email and started the mental preparation process for what was to come. I knew I would be busier than ever before, forced to balance everything I had going on while also throwing school in the mix. Despite these pressures, I was ready for something mentally stimulating. I reserved the last days of summer for spending time outside, expanding my yoga practice, relaxing and visiting family.

Now that classes are in full swing, I am starting to get the hang of returning to school after a three-year hiatus.

Each day, I understand a little bit more about what it means to be part of the small section of students known as

1LEs. Our orientation leaders boasted about the diversity of the students within our section and the unique life exper iences and perspectives those experiences bring to class.

During the orientation presentations that followed, we heard from professors, employers and the administration about the special appreciation they have for evening students. Theoretically, most of us bring knowledge of communication standards and an expected work ethic from our day jobs. We understand that slacking off is not an option with the amount of money and time we have invested in returning to school for a law degree. To put our dynamic into perspective, we took a survey by hand during orientation of how many of us had full-time jobs during the day, and about five or six out of 39 students did not raise his or her hand. I can’t help but to think what an honor it is to be learning with people of all professional backgrounds, ages, genders, races, religions and socio-economic statuses. I now realize how truly lucky I am to be able to learn with individuals who have seemingly done it all.

Although we have tailored our schedules to fit our individual needs, here is a taste of my personal to-do list on top of the four nights a week I attend evening classes. I work a 9-to-5 to pay the bills and teach yoga once a week and dog-sit for my mental state. Aside from these monetarily rewarding commitments, it is important to make sure that I have time for my family, boyfriend (who is also in school and working), friends, exercising, attending networking events, participating in various organizations,

eating and sleeping. To some (or maybe not, as you are most likely a practicing attorney if you are reading this), the amount of things I am juggling may seem a little excessive. In reality, my workload is about average when measured up against the pursuits of some of the rock stars in my class. I hope that this semester will blow me away with all of the things I have always wondered about the law and inspire me to work diligently and wholeheartedly to contribute to my community. When I walk up to my ninth floor office, instead of choosing a podcast, I now enjoy a quick but thoughtful moment of meditation in preparation for the exhilarating events I have to tackle for the day. D Rebecca Spence is pursuing her J.D. through the evening program at the University of Denver’s Sturm College of Law. She is a member of the Honor Board, the Water Law Review, and the Natural Resources and Environmental Law Society. During the day, she works in the Sections & Committees Department for the Colorado and Denver Bar Associations. She can be reached at respence13@gmail.com.

October 2016 I The Docket 25

GAME OF LOANS: INTEREST IS COMING

By D re w H e f f le f inge r , C F P® Consolidation, income-driven repayment and private refinancing are three student loan repayment strategies. By understanding their pros and cons, the borrower is better able to make an educated and informed decision tailored to their financial circumstances.

At its base, a standard federal student loan is issued as a 10-year term, paid in equal monthly payments with the first payment due six months after graduation — all very cookiecutter in theory. But you are not cookie-cutter material; you are unique. Law graduates land in a variety of places, including private practice, government, in-house, nonprofit, solo firms or are still trying to figure it all out. Whatever the situation, the typical 10-year schedule may not be the best repayment strategy given the immediate financial circumstances of the borrower.

Here are three common strategies borrowers consider when repaying student loans: Consolidation is a strategy specific to federally issued loans where the borrower is allowed a one-time “refinance.” This option is typically selected because the borrower cannot meet the repayment requirements of the ten-year schedule. Con-

26 The Docket I October 2016

solidation does not increase or decrease the borrower’s interest rate, but allows the borrower to take the 10-year schedule and extend it up to 30 years.

This has an immediate pro and long-term con. Lower monthly payments can help tremendously with immediate cash flow; however, it also means paying the loan for a longer period of time and paying much more in interest. Figure A below shows the effects of a $150,000 principal on a 10, 15, 20, 25 and 30-year schedule at 6.00% interest. The column on the far right shares the additional paid interest of extending the term.

This can be interpreted as the “cost of refinancing.”

What we see is a powerful effect where the borrower could potentially pay more in interest than in principal over the life of the loan ($150,000 principal vs. $173,754.82 total paid interest). Extending the schedule may feel good today, and may be required given the circumstances, but additional paid interest will start to have an effect on other goals, such as the down payment on a home, sending children to college and any retirement aspirations.

Income-Driven Repayment is another strategy specific to federal loans where monthly payments are based on a formula taking into account income and family size. Depending on when the borrower took out their first loan they pay either 10 or 15 percent of their discretionary income based on a government

provided formula. Like the consolidation strategy, the borrower’s interest rate does not change and is a weighted average of existing rates. Especially early in one’s career, this strategy can reduce monthly payments significantly.

The consequences, however, are two-fold. Of most impor-

“Whatever the situation, the typical 10-year schedule may not be the best repayment strategy given the immediate financial circumstances of the borrower. “ tance, the program’s term is 20 or 25 years. This is a long time, and similar to the table above, can significantly increase additional paid interest. Second, if there is a balance at the end of the 20 or 25 year schedule, then the balance is considered forgiven, and forgiven debt, in this instance, is included in gross income and taxable at ordinary income tax rates. Yes, you can go from owing the Department of Education to owing the Internal Revenue Service, a much more uncomfortable bed to sleep in. To compound matters, the projected loan balance could be higher than your balance today due to negative amortization, or “paying interest on interest.”

Nevertheless, if a borrower has high debt and relatively low income this may be the only option to stay current. Due to the recent rise in tuition costs, this has become a popular strategy among many law school graduates in the early stages of their career. Although this may be the only solution today, repayment strategy should be reassessed on an annual basis or as income rises in an effort to reduce total paid interest and avoid a potential tax bomb.

Private Refinancing is where the borrower approaches private lenders like a bank or lending institution with the goal of getting a lower interest rate. In many cases the borrower can save tens of thousands of dollars in total paid interest by just getting a lower rate! This is why people refinance their homes when rates are low, so why not refinance your “condo-sized” loans? Figure B shares the same loan as before only at different interest rates and fixed on a ten-year schedule.

If debt is already private then you are already in this scenario; however, private refinancing of federal loans should not be taken lightly. The big risk is losing all of the unique benefits associated with federal loans, including the 270-day window for missed payments, forbearance, access to federal repayment programs, etc. Losing these benefits could lead to disaster to the lawyer just starting out or uneasy about job security. But if the borrower is at a strong firm, with stable income and emergency savings, this strategy warrants consideration.

So what should the borrower do? First, they should have a clear understanding of their own financial circumstances before making any decisions. These decisions are going to change the terms of repayment forever. Second, it is important to carefully consider all options before moving forward with a particular strategy; we always want to make educated and informed decisions. Third, these are complex decisions, and if time, patience, or expertise are lacking, seek a student loan expert (cough, cough) who can serve as your guide. D Drew Hefflefinger is a CERTIFIED FINANCIAL PLANNER™ at Engage in Wealth in Denver, Colorado. He specializes in working with attorneys by helping them protect and grow wealth while achieving life goals. He can be reached at drew@engageinwealth. com.

Figure A. Reduction in Monthly Payment from 10-Year Schedule

Additional Paid Interest (cost of refinancing)

Term (years)

Interest Rate (annualized)

Monthly Payment

Total Paid Interest

10

6.00%

$1,665.31

$49,836.85

$0.00

$0.00

15

6.00%

$1,265.79

$77,840.88

$399.52

$28,004.03

20

6.00%

$1,074.65

$107,914.64

$590.66

$58,077.79

25

6.00%

$966.45

$139,936.69

$698.86

$90,099.84

30

6.00%

$899.33

$173,754.82

$765.98

$123,917.97

Figure B. Reduction in Monthly Payment from 10-Year Schedule

Additional Paid Interest (cost of refinancing)

Term (years)

Interest Rate (annualized)

Monthly Payment

Total Paid Interest

10

6.00%

$1,665.31

$49,836.85

$0.00

$0.00

10

5.00%

$1,590.98

$40,918.09

$74.33

-$8,918.76

10

4.00%

$1,518.68

$32,241.21

$146.63

-$17,595.64

10

3.00%

$1,448.41

$23,809.35

$216.90

-$26,027.50

October 2016 I The Docket 27

CBA-CLE Calendar

October 2016 REGISTER ONLINE OR CALL TODAY!

October 4, 2016 Trust and Estate Monthly Luncheon: Case and Legislative Update Submitted for 1 General CLE credit

LIVE EVENTS AND LIVE WEBCASTS

October 5, 2016 Water Disputes: Alternative Dispute Resolution Approaches Submitted for 7 General CLE credits October 5, 2016 The Private-target M&A Landscape – Data, Trends and Challenges Submitted for 1 General CLE credit October 6, 2016 An Introduction to Legal Project Management – with Mark Lassiter Submitted for 6 General CLE credits October 7, 2016 Ethics and Professionalism in the Practice of Law 2016 Submitted for 4 General CLE credits October 10, 2016 Solo and Small Firm Monthly Luncheon Program Submitted for 1 General CLE credit October 13, 2016 The Life Cycle of a Commercial Real Estate Development – Real Estate Fall Update 2016 Submitted for 7 General CLE credits

October 14, 2016 Rural Land Transactions: Contract Issues Submitted for 4 General CLE credits October 19, 2016 Implementing FinCEN’s Customer Due Diligence Rule – Considerations and Challenges Submitted for 1 General CLE credit October 20, 2016 DUI and DUID: Advanced Practice Submitted for 7 General CLE credits October 21, 2016 Family Law Fall Update 2016: Paternity, Legal Separation & ACEs Submitted for 7 General CLE credits, including 1 ethics October 24, 2016 Restorative Justice Submitted for 2 General CLE credits October 26, 2016 Advertising Law 2016 - What Advertisers and the Lawyers Who Advise Them Need to Know Submitted for 7 General CLE credits October 27, 2016 Hot Topics in Commercial General Liability Insurance Coverage Submitted for 6 General CLE credits, including .5 ethics

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

October 6, 2016 Oil, Gas and Mining: Current Legal Issues Submitted for 9 General CLE credits, including 1 Ethics October 7, 2016 Current Issues in Federal Contract Work Submitted for 7 General CLE credits, including 1 Ethics October 14, 2016 Business Contracts – The Fundamentals Submitted for 6 General CLE credits October 20, 2016 Advanced HOA Issues – Triple Crown, Developer Trifecta & Changes on the Horizon Submitted for 7 General CLE credits

Colorado Bar Association CLE 28 The Docket I October 2016

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

VIDEO REPLAYS October 21, 2016 Annual Tort Law Update 2016 Submitted for 6 General CLE credits October 27, 2016 Ethics and Professionalism in the Practice of Law 2016 Submitted for 4 General CLE credits October 28, 2016 An Introduction to Legal Project Management – with Mark Lassiter Submitted for 6 General CLE credits (video replay in Grand Junction, Colorado Springs, and Denver)

www.cba-cle.org Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624

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Edward D. White

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This book provides the practitioner with all the tools needed to prepare business documents used in the formation and operation of businesses. Drawing from his over 25 years' experience as a business lawyer, Mr. White has set out in his new book a practical discussion of areas of law relevant to conducting business, an outline of the latest legal trends, useful drafting tips, and more than 65 forms for the many types of agreements needed to conduct business.

The book covers entity creation, financing, sales and purchasing, technology and intellectual property, labor and employment, mergers and acquisitions, opinion letters, and sponsorships.

TABLE OF CONTENTS Chapter 1: Introduction to Contract Drafting Chapter 2: Overview of Business Entities Chapter 3: Financing the Business Chapter 4: Sale and Purchase of Goods and Services Chapter 5: Copyright Assignments Chapter 6: Labor and Employment Issues

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Three Convenient Ways to Order: ONLINE AT: www.cba-cle.org

Chapter 7: Overview of Mergers and Acquisitions

CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531

Chapter 8: Overview of Opinion Letters

STOP BY: Our office and save on shipping!

Chapter 9 Sponsorship Agreements: Events, Personal Endorsements and Contests

1900 Grant Street, Suite 300, Denver, CO 80203 www.cba-cle.org October 2016 I The Docket 29

Bar RESOURCES The DBA Waterman Fund

COLAP

DBA Placement Services

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

Fax: 303-861-5274.

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 visit coloradolap.org.

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

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

to CBA President Patricia Jarzobski and Rathod Mohamedbhai LLC. Proceeds benefit Summit Scholarship, which supports LGBTQ Colorado law students. For more information, visit coloradolgbtbar. org.

Tuesday, Nov. 1 at the Marriott City Center downtown. For information about the honorees, sponsorship, tables, tickets and ad sales, visit law.du.edu/index. php/alumni/events/law-stars.

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: Roger Castle: 303-839-8251 T.J. Carney: 303-526-9666 Fran Fontana: 303-468-2668 Sponsored by the DBA Peer Professionalism Assistance Committee.

BRIEFS October is Professionalism Month 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 to be Legal Professionalism Month in Colorado. The aim of this initiative 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.

Colorado LGBT Annual Dinner — Thursday, Oct. 20 All are invited to attend for cocktails, dinner, and the presentation of awards 30 The Docket I October 2016

Coffee Talk CLE: Power of Exchange — Thursday, Oct. 27 Are you a real estate, business or tax attorney whose clients want to save income tax? Erin Crowley from Asset Preservation, Inc. will explain how property owners can utilize 1031 exchanges to reduce capital gain tax on the sale of significantly appreciated assets. One general CLE credit applied for. Cost is $5 for members and $20 for nonmembers and includes a continental breakfast. The program is from 8 to 9 a.m. at the DBA offices. RSVP by emailing lunches@cobar. org or calling 303-860-1115, ext. 727.

DU Law Stars Dinner — Tuesday, Nov. 1

Register now for DU Law Stars, which will be held from 6 to 9 p.m. on

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

Court Orientation — Thursday, Nov. 17 Court Orientation is a program geared at introducing new attorneys and attorneys new to the area to the nuts and bolts of practicing law in Denver and around Colorado. Presentations will highlight key ethical considerations for practitioners, strategies for negotiation and litigation, practical legal writing tips, common substantive issues new attorneys face, and much more. The pro-

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

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

The History of the United States Attorney’s Office for the District of Colorado — Wednesday, Oct. 12 The Historical Society of the Tenth Judicial Circuit invites you to attend a roundtable discussion and reception from 4 to 6 p.m. at the Alfred A. Arraj U.S. Courthouse (901 19th Street).

Attendance is free. RSVP to lhoward@ gibsondunn.com or call 303-298-5767.

Dates on the DOCKET DBA MEETINGS

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

OCT. 5 Docket Committee Noon–1 p.m.

Call Jessica Volz, 303-824-5336 OCT. 6 Lawyers and Schools Committee Noon–1 p.m.

Call Carolyn Gravit, 303-824-5323

OCT. 10 Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, 303-824-5323 OCT. 12 Professionalism Coordinating Councils Noon–1 p.m.

Call Greg Martin, 303-824-5317

DBA YLD Council 6–7:30 a.m.

Call Heather Folker, 303-824-5350 OCT. 13 DBA Board of Trustees 8–9 a.m.

Call Melissa Nicoletti, 303-824-5321

FOR THE PUBLIC

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

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

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

4–5:30 p.m.

OCT. 11 Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

OCT. 12 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

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

Call 303-573-1302

OCT. 18 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.

OCT. 19 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.

Family Law Clinic Office of Economic Development 1200 Federal Blvd.

Room 1018 5:30–7 p.m.

Call 720-944-2594

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

OCT. 26 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

OCT. 20 Collections Clinic Denver City and County Building 1437 Bannock St. Room 164 11 a.m.–1 p.m.

October 2016 I The Docket 31

Legal AFFAIRS GOOD THINGS Casey Kannenberg was awarded the American Bar Association Young Lawyers Division Star of the Year award for his work as Public Service Director.

DCT Industrial’s general counsel, John SpieKannenberg gleman, has been selected as a First Chair Award recipient in the “Top General Counsel” category for the second time. The award is for in-house counsel who have made significant contributions to the legal community within their industry.

Members of the Colorado Trial Lawyers Association (CTLA) elected Michael Rosenberg from The Gold Law Firm, LLC as president. He leads a team of other newly-elected CTLA officers, including Michael Keating of Keating Wagner Polidori Rosenberg Free PC as president-elect; Sommer Luther from The Gold Law Firm, LLC as vice president; Michael Nimmo of Wahlberg, Woodruff, Nimmo & Sloane, LLP as secretary; and Deborah Taussig of Taussig Taussig Smith & Balach, PC as treasurer.

Otis, Bedingfield & Peters, LLC is proud to Schulte announce that attorney Christian J. Schulte was appointed to the City of Greeley Planning Commission.

Johnson Law Group, LLC is pleased to announce that the Sam Cary Bar Association has awarded Myles S. Johnson with the 2016 Billy Lewis Young Lawyer Award. Johnson will be honored with this award at the Sam Cary Bar Johnson Association Scholarship Endowment Fund Gala on Nov. 5.

CHANGES Rolf Asphaug has been appointed general counsel for the Regional Transportation District (RTD). He is a former president of the Colorado Mountain Club.

Bob Troyer has been named acting U.S. Asphaug attorney for Colorado.His appointment follows the departure of the state’s top federal prosecutor, John Walsh.

Polsinelli announced the addition of seven real estate and corporate attorneys. They will work in the firm’s energy, real estate and corporate practice groups.

The new group of attorneys includes: shareholder David Babiarz, shareholder Randy Feuerstein, shareholder John Heronimus, of counsel Matthew Costinett, of Polsinelli New Hires counsel Richard Fanyo, and associates James Liebscher and Ronald Opsahl.

The Colorado and Denver Bar Associations welcome Krista Williams as their new Director of Accounting.

Real estate attorney Joel A. Mayo has joined the partnership of Davis Graham & Stubbs LLP. Williams Mayo assists his clients in planning, creating, and implementing strategies for their commercial transactions.

Jones & Keller is pleased to announce that Leif H. Olson has joined the firm as an associate.

Olson specializes in the areas of commercial litigaOlson tion and corporate real estate transactions.

Butler Snow is pleased to announce that Laci A. Knowles has joined the firm’s public finance, tax credit and incentives market group.

Lewis, Bess, Williams & Weese is pleased to announce that it has added attorney Doug Hoak.

Hoak joined the firm as counsel with the tax, estate planning and wealth transfer practice.

Spencer Fane LLP is pleased to announce that Hoak the firm has expanded its special districts practice group through the addition of two attorneys, Tom George and Beth Dauer.

BRICK AND MORTAR Richards Carrington, LLC has moved. The firm’s new address is: 1700 Lincoln St., Ste. 3400, Denver, CO 80203.

The business litigation law firm Rose • Walker, LLP is opening a new office located at 1801 Broadway, Ste. 1400, Denver, CO 80202.

Trial lawyer Paul Grant will lead the new firm.

Grant has represented businesses and indiGrant viduals as both plaintiffs and defendants in a variety of litigation and arbitration cases involving contract claims, misappropriation of trade secrets, fraud, employment disputes, real estate matters, construction-related claims and civil theft, among other areas.

John T. Kennedy is pleased to announce the opening of his new solo practice law firm, Wash Park IP Ltd. (WPIP) located at 387 Corona St., Ste. 540, Denver, CO 80218. Kennedy’s practice focuses on building, defending and navigating IP walls. For more information about WPIP, please email Kennedy at info@washparkip.com or call 720-608-WPIP (9747).

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

32 The Docket I October 2016

DBA MEMBER HIGHLIGHT 10 QUESTIONS: MEGAN ROSE ing novel issues that are being presented to attorneys. I wanted to be involved in those changes and solutions for challenges that the modern attorney faces.

3. What are some of your aspirations in this role?

I hope to hear from Denver attorneys about potential resolutions that they would like the ABA House of Delegates to consider. Colorado has very successful attorneys, and our practices can be utilized on a national level.

4. What have been some of the most rewarding aspects of your career so far?

1. Why did you become a lawyer?

As a kid, I was always in awe of people who were good communicators and advocates. I learned that the best way to develop those skills was to get a legal education. I also had a passion for politics, which naturally led me to pursue a legal career. In making the decision to apply to law school while working for the University of Colorado, I reached out to one of the general counsel for the university. I learned about his diverse practice and all of the issues he handled for the school. That really appealed to me. I have always been the type of person who wants to help someone, and I appreciate an intellectual challenge.

2. What sparked your interest in serving as a DBA delegate to the ABA? I am passionate about Denver and Colorado and was interested in representing my state on a national level. Colorado has a lot of good attorneys, and we are progressive in our thinking when it comes to diversity and inclusiveness. I wanted to share some of these best practices with attorneys from different states. In addition, the ABA House of Delegates is a unique group of lawyers and is consider-

The people that I have met, worked with and worked for. I have enjoyed meeting people in the Denver legal community and learning from those around me — whether at my job at Gordon & Rees, at various bar association events or through volunteering for different organizations.

5. What is the best thing about practicing law in Denver?

Besides Denver being the best place to live, the Colorado Women’s Bar Association has proven to be an amazing organization that I am consistently thankful for. Having the support and mentorship of so many amazing women is something that has helped me both professionally and personally. Additionally, I love being close to the University of Colorado Law School because I continue to develop relationships with my former classmates and get the opportunity to work with the school.

7. What advice would you give new lawyers?

Being a new attorney is not easy. The legal landscape has evolved, and it can be difficult to find a job. But if you are a good person and work hard, it is worth the fight. Being an attorney is a rewarding career, and there are so many opportunities to provide value — you just have to embrace the difficulties.

8. How has having a background in journalism helped you be a better lawyer?

My background in journalism has helped me with interviewing people and recognizing what people care about. One of the things you do as a journalist is identify newsworthy stories. This translates to the legal profession in many ways and helps with analyzing what might interest a judge or juror. I also learned to work under tight deadlines!

9. What is your favorite board game and why?

My favorite board game is Cranium because everyone has their categories that they excel at and those that take them out of their comfort zone. It brings people together.

10. If you weren’t a lawyer, you’d be: An entrepreneur. D

6. How do you achieve work–life balance?

I believe you have to consider work–life balance in the long term. There are going to be times in your career where your main priority is work, and there will be times that are primarily devoted to friends and family. Life is going to happen, and you have to be ready to commit to whatever is in front of you at the time.

EDITOR’S NOTE: Do you know a DBA member who should be featured?

Email nominations to Jessica Volz at jvolz@cobar.org.

October 2016 I The Docket 33

Picture THIS LAW SCHOOL ... SÍ SE PUEDE Law School ... Yes, We Can (Sí, Se Puede), a law school pipeline program that is nearly 200 lawyers strong, welcomed its third class of fellows at its annual kick-off event held at the law office of Rathod Mohamedbhai on

August 11. These 14 rising college freshmen hail from Pueblo, Carbondale, Federal Heights, Denver, Commerce City, Boulder, Longmont and Thornton. While they come from different backgrounds, they are united in their goal of making

admission to law school more than just a dream. For more information about the program, visit lawschoolyeswecan. org or contact Roberto Ramírez at 303396-9909.

The Class of 2016 Law School…Yes We Can Fellows. Top Row: Edgar Chavarria, Fernando Chavez, Esly Reyes and Oula Kareen. Middle Row: Kaitlin Pascoe, Larissa Alire, Aluel Doldol, Stefanie Arjona, Katya Martinez and Jennifer Enriquez. Bottom Row: Getssemany Rivera, Frida Silva, Kassandra Escoto and Magali Rocha.

Top Right: Dr. Lorenzo Trujillo, president of Law School ... Yes We Can, at the 2016 Kickoff.

Right: Judge Christine Arguello, founder of Law School ... Yes We Can, thanks a community of more than 130 attorneys, judges, professors and law students for their commitment to helping fellows achieve their collective dream of attending law school.

COLORADO LAWYER MIKE BURG HOSTS BOOK SIGNING AT THE TATTERED COVER BOOK STORE On August 9, DBA member and author Mike Burg discussed his new book, Trial by Fire: One Man’s Battle to End Corporate Greed and Save Lives, at a book signing at the Tattered Cover Book Store at 2526 E. Colfax Avenue in Denver. In April, he became the first Colorado attorney to be inducted into the Trial Lawyer Hall of Fame.

Burg signing his book at the Tattered Cover..

34 The Docket I October 2016

DBA Happenings

SCBA HOSTS SEE ME™ COMMUNITY RALLY On July 16, the Sam Cary Bar Association (SCBA) organized a rally and campaign called SEE ME™ to demonstrate the unity of our community in its

commitment to the rights of individuals.

The CBA joined forces with the SCBA and other specialty bars on this important issue, which encourages people to unite

against the inhumanity of the violence by and against law enforcement officials.

Helen Morgan, Jose Esqusibel, Rep. Beth McCann, Deputy Chief Vanessa Wilson, Surbhi Garg, Neeti Pawar, Kevin McReynolds, Noah Spicer, Tyrone Glover, Bryon Large, Sarah Parady, Ruth Mackey, Terraine Bailey, Shawn Johnson, and Skip Gray. Not pictured: Rep. Rhonda Fields and Denise Maes. Alisha Andrews from Senator Michael Bennet’s office was also in attendance.

COLORADO ATTORNEY RECOGNIZED WITH HNBA LIFETIME ACHIEVEMENT AWARD Colorado lawyer Henry Solano, a partner at Wilson Elser Moskowitz Edelman & Dickler, was honored with the Lifetime Achievement Award at the

Hispanic National Bar Association’s 41st Annual Convention in Chicago on September 8.

Solano.

KRISTIN BRONSON APPOINTED AS NEW DENVER CITY ATTORNEY Kristin Bronson, a partner at Lewis Rothgerber Christie, was appointed as Denver’s new City Attorney on August 18 by Mayor Michael Hancock. As City Attorney, Bronson will provide legal

representation to Denver city officials, departments, agencies, boards and commissions. She will also oversee approximately 200 attorneys, paralegals, and administrative staff.

Bronson.

October 2016 I The Docket 35

Samuel Gordon, Esq.

Elaine A. Wohlner, Esq.

Hon. James S. Miller

Hon. John P. Leopold

Hon. Harlan R. Bockman

John E. Hayes, Esq.

Hon. William F. Downes

Collie E. Norman, Esq.

Richard P. Myers, Esq.

Hon. Norman D. Haglund

Hon. James C. Klein

Hon. Frank Dubofsky

Kenneth Bennington, Esq

Hon. Christopher C. Cross

Hon. C. Scott Crabtree

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

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