2011 September

Docket The

Denver Bar Association I Vol. 33 Issue 8 I September 2011

Constitution

Day

Inside From the President: Protecting Legal Aid

by Ilene Lin Bloom

Lawyers go Back to School to Teach Civics

by Monica Rosenbluth

Happiness Matters in Practice

by Becky Bye

The Power of Debate

by Sara Crocker

LEGAL DIRECTORY

A Publication of the Denver Bar Association

Highlight99Yourself9in9the920129Legal9Directory Upgrade your listing in the 2012 Legal Directory by appearing in more than one field of practice, putting your entry in bold type, or by being listed in the firms section. For a small additional fee, you will stand out in the crowd!

our Verify y tion informa . 15

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2 The Docket I September 2011

99 Go9to9www.cobar.org9and9click9on9Colorado Legal Directory9on9the9left-hand9 999999side9of9the9page9to9log9in9and9verify9your9listing.9 99 Questions?9Call9303-860-1115.

Docket The

Denver Bar Association I Vol. 33 Issue 8 I September 2011

ON THE COVER 4

From the President

6

Dressed for Civics Success

16

The Power of Debate

18

An Open Plea to Lawyers

FEATURES 7

Who’s Who, Representing You?

8

The Case of the Law School Murders, Part 1

10

Email Signatures: Valuable Real Estate

12

It’s a Wonderful ‘Life’

14

Rovira Reflects on a Lifetime of Legal Feats

20

Looking Back and Moving Forward

21

Study Finds Attorneys a Danger on the Roads—Fair Verdict?

22

Become a Communication Pro

23

Stop and Touch the Eagle

4

6

16

18

IN EVERY ISSUE 26

Legal Affairs

28

Dates on the Docket

30

Picture This

The Docket A publication of the Denver Bar Association.

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

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

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

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

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

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

September 2011 I The Docket 3

From the President

Legal Aid Once Again on the Chopping Block— How the Bar Can Respond

“

Equal justice under law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists ... it is fundamental that justice should be the same, in substance and availability, without regard to economic status.”

—Lewis Powell, Jr., U.S. Supreme Court Justice (ret.)

by I lene Lin Bl o om

L

egal aid is not just a poor person’s issue. “Access to justice is correctly seen as a necessary foundation for a just, vibrant, democratic society,” Lonnie Powers writes in “Tied to the Railroad Track Once Again: The Perils of Legal Aid Funding” for The Nonprofit Quarterly. This may not come as a surprise to some of you, but Colorado Legal Services (CLS), our statewide legal aid agency, is experiencing significant funding cuts that are compromising its ability to meet even the most essential legal needs of Colorado’s low-income population. CLS has only half the staff and at least twice as many clients as it did 40 years ago.

With the looming funding cuts, all CLS most likely will be able to do is manage intake and turn prospective clients away.

We cannot let this happen. As a profession, we have the power to help solve this crisis.

The Facts Here are the basic funding facts you need to know: • Cuts in federal funding in this fiscal year will cost CLS approximately $170,000 from now through December, and much larger federal funding cuts in 2012 are likely.

4 The Docket I September 2011

• A reduction in state funding will cost CLS approximately an additional $165,000 over the next 12 months.

• Another key funding source for legal services comes through interest on lawyers’ trust accounts with the Colorado Lawyer Trust Account Foundation (COLTAF). With interest rates remaining near zero, COLTAF funding continues to be severely compromised.

CLS lost $440,000 in COLTAF funding in 2010, and will lose another $200,000 to $250,000 before the end of 2011.

• The need for civil legal aid has outpaced funding for years. Even before this current crisis, CLS was turning away at least as many eligible clients as it served due to a lack of resources.

The Effects As funding continues to be cut, the impact will be devastating.

• More and more eligible Coloradans will go without the services of an attorney and will not have the support they need to assert their rights in desperate situations. This includes women seeking safety from domestic violence for themselves and their children, returning veterans entitled to benefits, and seniors facing foreclosure.

• There exists a real potential for the layoff of staff attorneys, closure of CLS

offices, and less access to an attorney for Colorado residents living outside our metropolitan areas.

• The prolonged economic crisis has driven many families into poverty, often for the first time, producing even greater demand for assistance from the already overstretched CLS. • Ultimately, there will be a reduction in the quality of representation that CLS can offer those Coloradans who cannot afford to pay for a lawyer.

Our Profession Can Take Ownership of this Looming Issue Our esteemed profession has responded to this very same issue of funding cuts in the past by creating COLTAF, first initiating and then increasing bar-sponsored pro bono programs, giving generously to the Legal Aid Foundation, and combating efforts in Congress to eliminate all federal funding for civil legal aid—and we can certainly do it again. We can take ownership of this issue—otherwise, we will be GIVING UP on providing civil legal aid.

We now have the chance to reaffirm the institutional role that lawyers and law firms play in supporting the civil justice system and cultivating a sense of responsibility for access to justice among younger and older attorneys alike. As lawyers, we are fortunate to

have a certain level of education, wealth, and connections through which we can make things happen. I know that none of us are immune to today’s economic realities, but I ask you to just imagine how much tougher times are for a family that is about to lose a home, for victims of domestic violence, the disabled, children, veterans, and others whose health and safety are at risk every day. If all of us took at least one necessary step to help address the problem, it can and will be solved.

The Most Immediate Ways for You to Help I am aware that there are many problems in our world that appear beyond our ability to assist. This is not one of them if we as a profession step forward. I offer 10 things you can do today that will help solve this problem and improve access to justice for needy individuals and families: 1. Call Metropolitan Volunteer Lawyers (303-830-8210), or any other legal aid program in Denver that you’d like to volunteer for, and take a pro bono case.

2. Make a charitable gift to the Legal Aid Foundation of Colorado at legalaidfoundation.org. Funds raised by the Legal Aid Foundation go to

support CLS. 3. Call your banker and ask for an increase in the interest rate paid on your COLTAF account (the interest earned on those accounts goes to support CLS and Colorado’s civil legal aid delivery system).

4. Call members of the Colorado congressional delegation to urge their support for an increase in federal funding for legal aid through the Legal Services Corporation.

5. Call your state senator and representative to urge their support for an increase in state funding for legal aid through the Family Violence Justice Fund.

Legal services can have a preventative effect that actually saves money for the state. For example, housing a family in a homeless shelter for just a few weeks is more expensive than supporting a legal aid lawyer that can help a family remain in stable housing (see “The Budget-Slashing Hysteria’s Latest Victim: Legal Aid for the Poor” in Mother Jones).

6. Amend your written retainer agreement to request client consent to donate any unexpended nominal

funds to the Legal Aid Foundation after a reasonable time, in the event the client’s whereabouts are no longer known to you and reasonable efforts to locate the client have been unsuccessful. See CBA Ethics Opinion 95.

7. If you are a trial lawyer negotiating a class action settlement, consider proposing a cy pres provision that directs unclaimed funds to the Legal Aid Foundation.

8. Include the Legal Aid Foundation in your estate plan.

9. Forward this article to your fellow attorneys and citizens and encourage them to take one of these steps, as well.

10. Give to the Legal Aid Foundation again!

The DBA is also looking into ways it might better assist its members by matching them up with all types of pro bono cases—stay tuned for more information on this. Thank you for taking the time to read my first column for The Docket. I think it is important to discuss this issue. Please feel free to respond with your thoughts and feedback to ilenebloom@hotmail.com. D

September 2011 I The Docket 5

A Seat at The Bar

Dressed for Civics Success

Students Discover the Constitution Through Lessons in Dress Codes

Volunteer for Constitution Day

This year, the week of Sept. 12 marks the 6th annual Denver Bar Association Constitution Day celebration. Attorneys are needed to visit fifthand eighth-grade classrooms and talk to the students about the Constitution. Materials are available, along with donuts and coffee, at the DBA offices Sept. 7 to 9 from 7:30 to 9:30 a.m.

Interested? Contact Carolyn Gravit at cgravit@ cobar.org.

Just What is Constitution Day?

Constitution Day, observed Sept. 17, comm emorates the date in 1787 when delegates at the Constitutional Convention in Philadelphia signed the U.S. Constitution, according to the American Bar Association. In 2005, Congress designated the day as one to educate students about the importance of the Constitution. For more information and resources for volunteers, visit abaconstitution.org.

Past DBA President Elsa Martinez Tenreiro visits a class at Godsman Elementary School. DBA file photo.

by M onica R o senblu t h “Good morning,” I said to 36 eighthgraders at Dora Moore K-8 School in Denver on a September day in 2008. It was Constitution Day, and before class, I had enthusiastically explained to their teacher my plan to teach the kids about the First Amendment by having them write their own school dress code. A flicker of uncertainty passed over her face. “Fabulous!” she said brightly, recovering quickly. “They’ll really get hands-on with that subject.”

Earlier that month, a fifth-grader in the Aurora Public Schools system had been suspended in connection with a T-shirt he wore to school that said, “Obama is a terrorist’s best friend.” The school administrators maintained that the T-shirt violated their dress code because it could interrupt the learning environment. The student countered that his First Amendment right to free speech had been violated.

I talked to the Dora Moore kids about the rights and freedoms the First

6 The Docket I September 2011

Amendment guarantees, and the exceptions to those freedoms. “So,” I said, “while it may be OK for you to stand in front of the public library and complain loudly about the food in the school cafeteria, free speech has its limits—you can’t yell ‘Fire!’ in a crowded movie theater, for example, because that could put people in danger if everybody tries to leave at the same time.” One student raised her hand. “What if I wore a T-shirt that says that I hate the cafeteria food?

It’s not talking. Is that speech?” Another student took it a step further. “I’d make sure there was a food fight at lunch that day!” Aha! I thought. They’re hooked.

I asked the kids to pretend they were the school principal and decide what kinds of “speech” they would allow and why. Their conclusions were telling— order and harmony could be maintained, apparently, if a John McCain supporter and a Barack Obama fan sat next to each other in class, or even played against each other in a pick-up basketball game, but things changed quickly if a kid were to roll down one sock and leave the other

up, which can signal gang involvement.

And did you know that wearing Colorado Rockies clothing sometimes connotes a particular gang affiliation? I didn’t.

“What if somebody came to school wearing really saggy pants?” I asked, eager to share the only thing I knew about gang attire. “Well, you have to consider maybe that kid was running late that day, and he grabbed his older brother’s pants by mistake,” one student offered. “It all just depends.” Geez, I thought, this kid is headed to law school for sure. D Monica Rosenbluth grew up in Denver. A former special district/public finance attorney, she currently works for the Higher Education Access Alliance, a statewide coalition dedicated to increasing access to higher education for Coloradans through the ASSET bill. Rosenbluth also sits on the board of the Rocky Mountain Region of the Anti-Defamation League, where she cochairs the Government Affairs Committee.

She lives near City Park with her husband and their two young daughters.

Who’s Who, Representing You?

Meet the New Members of Your Board of Trustees

James G. Benjamin, DBA President-Elect. Manager of Benjamin, Bain, Howard & Cohen, LLC and head of the real estate transactional law practice.

William W. Hood III, First Vice President. Denver District Court Judge.

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

Benjamin: Playing on the challenge tennis courts at The Pinery Country Club or fly fishing on the Arkansas River during the warm months, or skiing in Vail during the winter months.

Hood: Spending time with family or golfing.

Padilla: Going for a longer run in the summer and skiing in the winter.

D: What is your greatest passion outside the law?

B: Watching my son and daughter excel in their pursuits. My son is quickly rising in the movie business in Hollywood. My daughter is completing a year of service as a case worker at a homeless shelter in Phoenix as a volunteer with the Jesuit Volunteer Corps (the Catholic Peace Corps) after graduating summa cum laude from Santa Clara University.

H: My children. (BBQ potato chips are a close second.)

Lucia Padilla, Second Vice President. Corporate Counsel at CenturyLink (formerly Qwest) and manager of employment litigation for the company.

P: I don’t have one single passion but I really enjoy running, competing in any kind of athletic event, and spending time outdoors and in the mountains with my husband and Emma and Cole. (No, we don’t have kids—those are our Labrador Retrievers.)

D: What place are you dying to travel to?

B: Australia and New Zealand. I have always felt like a pioneer and those two places (outside Alaska where I have lived for awhile) are the Western frontiers.

Relocating more than 30 years ago to Colorado from Los Angeles is indicative of my pioneering spirit.

H: Costa Rica; for the beach and rain forest.

P: There are a lot of places in the world that I’d like to see but one place that stands out that I’d love to see is Fiji. It looks beautiful and I hear you can stay in these really cool huts literally in the ocean.

D: What was the last good movie you saw?

B: “Transformers: Dark of the Moon,” not because of its substantive content, but because of the pride that came with the knowledge that my son had just received his first-ever producer credit for producing the 30-minute TV program, “Transformers 3, The World Premiere,” which aired the night before on VH1, MTV, and Spike.

H: “The Social Network” (even though [screenplay writer Aaron] Sorkin made stuff up).

P: Gosh, it’s been so long since I’ve seen a movie, I can’t even remember.

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

B: Hearing the jury verdict in favor of my client in Federal District Court in the case of Galieti v. State Farm Insurance, a big win for which my co-counsel (lead counsel) and good friend Jim Bull was described by Judge [Lewis T.] Babcock as “the best trial lawyer I have ever had appear in my courtroom.”

P.S., I had that portion of the trial transcribed and framed for Jim Bull.

H: Being sworn in as a judge.

P: Probably my most memorable moment in the courtroom was when Gary Lozow was a juror in one of my first trials.

Besides the fact that Gary is one of the best lawyers in town, at the time I was hoping to get an offer from him and the firm for an associate position—talk about nerve-wracking! Unfortunately (or some might think fortunately), I don’t see the inside of a courtroom much now that I’m in-house counsel. D

September 2011 I The Docket 7

The Case of

the Law

School Murders, Part 1

B y M arsh all S nide r Editor’s Note: This is the first part of a serial fiction piece by the Docket Committee. Each month a new writer will pick up where the other has left off, offering a new piece of the story.

8 The Docket I September 2011

I

was on the day watch in homicide when the first call came in.

Jeremy Collins, a third-year law student at the University of Denver, had been missing for a week.

His colleagues were not alarmed by Jeremy’s absence from his class on the constitutional implications of the NFL

lockout or from his seminar on Somali domestic relations. His failure to come to his study group for the course on animal husbandry contractual breaches was also not cause for concern. Everyone knew that the third year of law school was merely an interlude between real course work and the multi-year effort to pay off student loans. A third-year student missing classes was nothing to worry about.

But when Collins failed to show for three straight happy hours at the Campus Lounge, his friends became worried and called the police. A few days later, Collins’s lifeless body was found in Harvard Gulch. He had been shot three times. That’s where I came in. My name is Sunday. I’m a cop.

I did some research on the victim.

He was well-liked and there were no obvious motives for his murder. He was in the top 10 percent of his law school class and on the law review. He had been interviewing for top paying legal jobs with some of the finest law firms in the city. Collins was on his way, until three slugs from a .44 put a cold stop to his momentum.

The second call came in a few days later. Michael Berens, a 24-year-old law student at the University of Colorado in Boulder, had traveled to Denver to attend a legal seminar on employment issues in the Thai fast food industry.

He never returned to Boulder; Berens was found dead at a construction site in southeast Denver, his head bashed in by a blunt object. Like Collins, Berens was at the top of his class. He was a shoe-in for an associate job with one of those silk stocking law firms downtown.

Sometime later I was sipping my second bourbon at Don’s Club Tavern on Sixth Avenue, wondering if there could be any connection between the Collins and Berens homicides. Other than the fact that they were both high-achieving third-year law students in the same state, I could find nothing to link their deaths.

And then my cell phone rang.

This time it was a woman. Michelle Zarinsky, 23, a 3L at Yale. Zarinsky wasn’t just in the top 10 percent of her Murders, continued on page 11

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Email Signatures: Valuable Real Estate

by D eb or ah McM urr ay and K ei t h We w e

Y

our email signature may be a tiny element in the scheme of your marketing, but it can be the most concise and consistent way to communicate who you are and where to find you. E-signatures have come so far in the past couple of years that email addicts revere and rely on them as much as any other source of contact information. Knowing this, it’s surprising that more people don’t take great care to maximize its impact. Let’s look at some basic tips for using this tiny bit of e-real estate to its fullest potential.

The Dos and Don’ts for an Email Signature that Works for You r Do hire a designer, if possible, to lay out your e-signature or e-card. It is as much a part of your identity as your letterhead and business card, if not more so. If someone is creating a new website or stationery system for you, be sure an e-signature is included in the project. r Don’t ignore your e-signature, though, if you can’t afford professional help. Just keep it simple and consistent—for example, use only one font in a single size and color. And keep the following dos and don’ts in mind. r Do use a common email font, such as Arial or Calibri (both sans serif) or Times Roman (serif) for your text. For font color, use black or dark gray. If you pick an unusual font, there is no way to know how it will appear on the recipient’s monitor. r Do include full contact information: name, title, firm, full mailing address, email link, direct-dial telephone, mobile phone and fax. Also include a V-card link. r Do include your assistant’s name, email and phone to demonstrate your ultimate accessibility. r Don’t include your résumé, lists of awards, or a list of services you provide.

This is not the place—it looks unsophisticated and makes it appear that you are trying too hard.

10 The Docket I September 2011

Logos and Taglines r Do include your logo if you have a nice one. The visual connection to your brand increases the memorability of your firm. But make certain your logo image is embedded in the email instead of linking to an image file on a public server. Your recipients’ security settings may block downloaded images, which means your logo will appear as a blank square with a small “x” in the corner. r Don’t assume that a bigger logo is better—keep your logo tastefully small.

Don’t worry, your readers will see it. r Do include your tagline—it is tied to your brand and is a part of your positioning strategy. A designer can create a logo-tagline “lock-up” so it looks less cluttered and appears as one image. r Don’t be tempted to include inspirational quotes and patriotic messages.

Good intentions are the driver here, but it can come across as lacking in business savvy and sophistication.

Links and Social Media r Do link to your website and include your URL. If you use smart or vanity URLs on your website for your bios and practice or industry descriptions, include them, too. An example of a smart URL is: rh-law.com/attorneys/ christopherjwillis. A vanity URL is a bit shorter: jmbm.com/jimbutler. Alternatively, you may wish to hyperlink the words “Bio” and “My Practice” in place of the actual URLs. r Don’t include too many website links.

Limit yourself to just one or two that put your best professional foot forward. r Do create additional “stickiness” by including the icon-links to your Twitter and LinkedIn accounts. If you want to include Facebook, that’s fine, but including more icons than this gets into the “really?” territory. r Do include a link to your blog if you write on topics that advance your professional brand and it helps inform clients of your subject matter expertise. r Don’t link to your personal blog. If you blog about travel, pets, fashion, or

whatever, save that for your personal email correspondence.

Finishing Touches r Do include the required disclaimers and confidentiality notices. Note that the font size and structure of these may be governed by your state bar rules. r Do create multiple file formats of your e-signature (HTML format for HTML emails, TXT format for Plain Text emails, RTF format for Rich Text emails), so that your signature is welloptimized for different viewers. r Don’t create your entire signature block as one image (see our earlier advice about images being blocked by some security settings). r Do be consistent. Everyone in your firm should use the same design and email signature protocols.

Finally, a note of caution: There is a fine line—easily crossed—that will quickly take your e-signature from “desired utility” to “irritating self-promotion.” More, bigger, and brighter are not always better. D Deborah McMurray is CEO and Strategy Architect of Content Pilot LLC, a strategy and technology company. McMurray and her team specialize in the design of websites and web-based proposal centers, intranets, experience databases, and other marketing technology tools and strategic initiatives. McMurray is a co-author of “The Lawyer’s Guide to Marketing on the Internet, 3rd ed.” and co-editor of “The Lawyer’s Guide to Marketing your Practice, 2nd ed.” with James A. Durham.

Keith Wewe is Vice President of Client Service and Growth of Content Pilot LLC and the current President of the LMA– Southeastern Chapter. At Content Pilot, he works with legal marketers and lawyers to develop technologies to best leverage their expertise and unique marketing positions to build business. As LMASE President, he works to build stronger connections among LMA members.

This article was originally published in Attorney at Work (attorneyatwork.com).

Murders, continued from page 8 class; she was one of the top 10, period.

She was from Denver and had returned home to interview for one of those big money jobs with a high-class 17th Street law firm. While she was in town, Zarinsky went bar hopping in LoDo with old friends. She went to the bathroom, and the next time anyone saw her she was lying face down in a Dumpster in an alley behind Blake Street. Someone had cut her throat.

I’ve been a cop for a long time.

When it comes to murder, I don’t believe in coincidence. But I could find no connection between these three victims other than their successful law school careers. They didn’t know each other or have any friends or law school associates in common. The instruments of their death differed in each case. I think it was Sherlock Holmes who said that when you have eliminated the impossible, whatever remains, however improbable, must be the truth. Or maybe that was Columbo.

Whatever. For a brief moment, it flashed in my head that some law student without the credentials of these victims was bumping them off to have a better shot at the big firm jobs. Someone who couldn’t compete with them on grades decided simply to eliminate the competition.

I snapped out of my reverie. In spite of Sherlock Holmes, my instincts told me there was no way grubbing for a plum entry-level law firm job was a motive for triple murder. There had to be another answer. And I’d find out what it was. I’m a cop. D

It’s Monday, the First Day of the Rest of Your Life.

Too bad last Friday was the last day to file the Bergstrom motion.

Did you know that missing deadlines continues to be one of the most common mistakes leading to malpractice claims? The failure to file a document is the second most common alleged error and the failure to calendar properly was the fifth most common mistake leading to a malpractice claim*. A dual calendaring system which includes a firm or team networked calendar should be used by every member of your firm.

At Minnesota Lawyers Mutual we don’t just sell you a policy. We work hard to give you the tools and knowledge necessary to reduce your risk of a malpractice claim. We invite you to give us a call at 800-422-1370 or go online at www.mlmins.com and find out for yourself what we mean when we say, “Protecting your practice is our policy.”

R

Protecting Your Practice is Our Policy.

800.422.1370

www.mylawyersmutual.com

www.mlmins.com

* American Bar Association Standing Committee on Lawyers’ Professional Liability. (2008).

Profile of Legal Malpractice Claims, 2004-2007. Chicago, IL: Haskins, Paul and Ewins, Kathleen Marie.

Life - Denver Docket 2011

Read the second part of the fiction series in the October issue of The Docket.

September 2011 I The Docket 11

Book Review

It’s a Wonderful ‘Life’

by F r ank S chuch at “Life” is the title of Keith Richards’ 2010 autobiography. It might also be the sentence given to more than a few poor souls who got into situations similar to those Richards recounts from his colorful life story. It is even possible there are more unfortunates who received life sentences than there are sentences in this 576-page book. But every sentence is enjoyable—in the book, that is.

What has kept Richards out of prison, on tour, and in the studio all these years? A multitude of good lawyers.

That’s what. And they are given their full and due respect in this account, written with the author’s old friend, journalist James Fox. Richards begins his story over July Fourth weekend in 1975, when Keith and bandmate Ronnie Wood, tired of flying, elected to drive from Memphis to Dallas for the next concert. They pulled off the interstate for some food and a break in Fordyce, Ark., notwithstanding their lawyer’s very clear advice not to leave the interstate. Of course, they were stopped and searched by police right after leaving the roadhouse where the two Rolling Stones had passed the time in the restroom getting stoned while their driving companions ate a meal.

In short order, at least for the pre-

12 The Docket I September 2011

cell phone era, the boys were able to locate their go-to, well-connected lawyer, Arkansas native Bill Carter. He arrived in Fordyce later that same day on a private plane with a friend, whom he was visiting at the time he got the call, and the friend happened to be an Arkansas state court judge.

The defense team moved to suppress evidence from the vehicle search. In a pretty good explanation of the Fourth Amendment exclusionary rule, Richards writes that “on this little point of law, arguably, hung the future of the Rolling Stones, in America at least.”

At the end of the hastily convened proceeding, Carter had established to the satisfaction of the Fordyce judge (who was himself intoxicated—it was the weekend after all) that the police search of the car was unlawful. The prosecuting attorney, who also was the brother of the judge, had to settle for a misdemeanor charge and a nominal fine. The judge insisted on having his picture taken with the two Stones. Score a big win for attorney Carter, and for the fans.

“

“Life” by Keith Richards with James Fox, 576 pages.

Published by Little , Brown, and Company.

Available in hardcover for $29.99 and paperback for $16.99.

nobody is offended. Or maybe it was that Mick Jagger is British.)

But you really did know the times had changed when the Republican governor of Arkansas, Mike Huckabee, as part of his positioning for a 2008 run for national office (or, alternatively, for the office of national talk show host), sought to gain national attention by issuing a pardon to Richards for the 1975 incident. As Richards points out, he did not need a pardon because “there was no crime on the slate in Fordyce.”

Richards and his squadron of lawyers later had to deal with another arrest on drug charges in Canada in 1978. It only added to the circus surrounding that situation that Margaret Trudeau, wife of Prime Minister Pierre Trudeau, was traveling with the band at the time.

What has kept Richards out of prison, on tour, and in the studio all these years? A multitude of good lawyers. That’s what.”

Carter had earlier pulled off a victory for the Rolling Stones when, after a multi-year effort, he secured the visas needed for the band to make their 1975 U.S. tour. Apparently roadblocks had originated in the Nixon administration.

According to Richards, the fact that Mick Jagger had gone on stage with an American flag draped over his shoulders had offended members of the Republican administration. (Times have changed: today, country singer Lee Greenwood displays his brand of patriotism by wearing a jacket made from Old Glory, and

At trial in Toronto, Richards was found guilty on some lesser charges and the judge’s sentence was that he perform a benefit concert for the blind, which he gladly did.

Richards and his bandmates needed good lawyers in matters other than possession and transportation of controlled substances. There was the lawsuit of many years’ duration with former manager Alan Klein over rights to some of their music catalog. And there were the income tax lawyers who advised the Rolling Stones to become tax exiles in France

in the early ’70s. That enabled them to earn enough to recover from bad business deals and bad management. While in France, they also produced the album “Exile on Main Street,” which Richards says “may be the best thing we did.”

The respect and admiration Richards has for lawyers is made plain throughout this entertaining autobiography. In this regard, one instance is especially worth mention. Richards tells of receiving a surprise phone call from the great American composer and performer Hoagy Carmichael, who wrote “Stardust” and “Georgia on My Mind,” among others. One of the Rolling Stones’ lawyers had sent Carmichael a recording of Richards playing a Carmichael composition, “The Nearness of You.” Carmichael paid Richards the high compliment of saying it was done the way he thought the song should sound when he wrote it.

Richards writes that getting a phone call from Carmichael was “like being summoned by the gods.” Of course it was. In addition to being a renowned composer and performer, Carmichael was a 1926 graduate of the University of Indiana Law School and a member of the Indiana State Bar. D

Workplace Law Program

The Second Annual Workplace Law Program Keynote Speaker Series featuring

Seth Harris, Deputy Secretary U.S. Department of Labor

Tuesday, September 27, 2011

9th Annual Judicial Excellence for Colorado Dinner November 1, 2011 Denver Marriot City Center Hotel

University of Denver Sturm College of Law 7:30 a.m – 9:00 a.m.

Breakfast and Remarks There is no charge for this event. RSVP required.

Find out more and register online at

www.law.du/edu/workplace-law The Institute will present four judicial officers with the Colorado Judicial Institute Judicial Excellence Awards for their outstanding service on the bench:

Sponsored by Ogletree Deakins and the University of Denver Sturm College of Law Workplace Law Program.

• District Court Chief Judge O. John Kuenhold, 12th Judicial District • District Court Presiding Judge C. Jean Stewart, Denver Probate Court • County Court Judge Christine Carney, Larimer County, 8th Judicial District • Magistrate Stephanie Rubenstein, Mesa County, 21st Judicial District.

CNN’s senior legal analyst, Jeffrey Toobin, one of the country’s most esteemed experts on the intersection of politics, media and the law, will be the keynote speaker for this event.

For sponsorship opportunities or to purchase tickets to the Judicial Excellence Dinner and Awards, please visit our website at www.ColoradoJudicialInstitute.org or call 303-766-7501.

The University of Denver Sturm College of Law is committed to providing facilities that are accessible to persons with and without disabilities. We encourage persons with disabilities to contact Randy Wagner at 303-871-6761 for further information.

September 2011 I The Docket 13

Legal Legends

Rovira Reflects on a Lifetime of Legal Feats

Rovira’s portrait as a Colorado Supreme Court justice.

by Natalie L uca s

T

he first thing Luis Rovira wants people to know about him is that he “does not walk on water.”

Although the former Chief Justice of the Colorado Supreme Court may not be able to perform miracles, he has achieved significant feats in life and the law.

Born on Sept. 8, 1923, in Manhattan, Rovira knew he wanted to be a

lawyer when he was 12 years old. He remembers his mother always telling him, “Sonny, stop talking so much.”

His path to becoming a lawyer was not without obstacles. Rovira was 18 years old when Pearl Harbor was bombed by the Japanese, pulling the United States into World War II. He joined the Army Reserve in 1942, and after completing training, was sent overseas, fighting with the 102nd Infantry Division in France, Holland, and Germany.

He served with occupation forces until December 1945.

A Dream of Colorado Before the war, Rovira had visited Boulder. He remembers thinking during the war that, if he got out alive, he wanted to live his life there.

When he returned to the United States, Rovira said the G.I. Bill made it possible for him to attend the University of Colorado. At the time, students needed only three years of undergraduate courses and three years of law school to become a practicing attorney.

Rovira went on to practice law for more than 25 years, saying he was an

Rovira serves on the Board of Trustees for the Temple Hoyne Buell Foundation. Here, he mimics a painting of Temple “Sandy” Buell.

14 The Docket I September 2011

attorney long before specializations.

“One day I would be writing a will and the next I would be trying a case,” he said, adding, “in those days you actually tried cases.”

When asked about his most memorable cases as an attorney, Rovira said, “When I think of all the big money cases I tried as a lawyer, I forget the details.”

One of his most evocative cases was one he took for free as a law student in 1951.

At the time, law students were then able to practice in the Justices of the Peace Court.

Although most now recognize Boulder as a liberal community, at the time, some barber shops would not provide services to African Americans. Rovira took the case of one African American man, Edward Johnson, who was refused service by the Buff Barber Shop.

Although the case ended in a mistrial, it was a catalyst for social change.

University students protested the barber shops, causing the shops to change their policies. “We won the case by losing,” Rovira said.

Love and Politics Rovira spent most of his young life as a Republican. Although he would later change his affiliation to Independent, the Republican Party benefited him in one respect. While attending the 1964 Republican National Convention in San Francisco as a Nelson Rockefeller delegate, which he remembers as the “Goldwater Year,” he met a charming University of California–Berkley graduate student. Rovira said with a smile, “She picked me up.”

Rovira and Lois Ann Thau wed in 1966. They have two children and four grandchildren. He is especially proud of his three granddaughters, who attend school at Stanford, Northwestern, and the University of Colorado.

Called to the Bench Rovira went on to become a distinguished member of the Colorado

judiciary. He was appointed to serve as a district court judge by Gov. Richard (Dick) Lamm in 1976.

At the time, judges made such a small salary that Rovira said, “When Lamm called Lois Ann to tell her the news, he also told her, ‘You better learn how to sew.’”

Rovira was appointed to the Colorado Supreme Court in 1979. “The Governor was not satisfied with making one mistake,” Rovira joked. He served as a Colorado Supreme Court Justice from 1979 to 1990, and was Chief Justice of the Colorado Supreme Court from 1990 to 1995.

His most memorable case on the Colorado Supreme Court was the Amendment 2 case, Romer v. Evans, in 1994.

The amendment, which was approved by Colorado voters in 1992, prohibited state and local governments from passing laws protecting lesbians and gays. Rovira decided he would “take the heat,” and author the opinion, because he would be retiring soon. The opinion went up to

the U.S. Supreme Court and was affirmed

by Justice Kennedy, with Justice Scalia authoring the dissent. Although pleased with the decision, Rovira found Scalia’s dissent stronger than Kennedy’s majority opinion.

During his time as a justice on the Colorado Supreme Court, Rovira authored 400 majority opinions and 100 dissenting opinions.

Giving Back Not only has he had a distinguished legal career, but Rovira has served the legal and local communities. He is a longstanding member of the Denver, Colorado, and American Bar Associations. He remains active in the DBA’s Seniors Committee.

Rovira also serves as a trustee for the Temple Hoyne Buell Foundation, which was established by Temple “Sandy” Buell in 1962. The Buell Foundation’s mission is to establish educational programs for young children. Rovira has found this experience very rewarding, and encourages all attorneys to give back to

The former Chief Justice enjoys a laugh during the quiz led by Don McMichael at the Seniors Committee’s annual holiday lunch in December. the community.

Turning 88 has not slowed down Rovira. He continues to serve as a Senior Justice for the Colorado Court of Appeals and provides mediation and arbitration services through the Judicial Arbiter Group and the Financial Industry Regulatory Authority. “I don’t play golf or bridge and I don’t build cuckoo clocks; what else am I going to do?”

His advice to lawyers trying to balance career and life is simple: “Decide how you are going to live, and stick to it.” D

Rovira with the late University of Colorado School of Law Dean David Getches at the Fall Swearing In in October. Getches died July 5 from pancreatic cancer.

September September 2011 2011 II The The Docket Docket 15 15

The Power of Debate

How Three Attorneys Made a Good Argument for Starting a Denver League

Roberto Corrada sees debate as a tool to teach critical thinking skills and improve public speaking. It also touches on the foundations of lawyering. Photos courtesy of Denver Urban Debate League.

by S ar a C ro cke r

D

uring an impromptu debate at a Denver Urban Debate League tournament, Scarlett Chavez was given a quote about fear. Upping the stress level, she had just five minutes to prepare to speak about it. She was nervous and said even recounting the story made her shake.

“I felt like crying, it was so bad,” the 16-year-old said. But, she gave her threeminute speech and waited to see how she did. As the rankings of impromptu debaters were called, Chavez wasn’t hearing her name. Then it hit her. She had taken the number one spot.

“I completely underestimated myself,” she said. “I told myself I’m not as bad as I think I am.”

For the Manual High School junior, debate offered a way to meet new people and overcome her shyness. When she talks about debate, it’s hard to tell that Chavez is as reserved as she claims.

“Debate really helped me become a leader,” the 16-year-old said.

Attorneys involved in the league say it benefits students in many ways, but perhaps the most important is confidence.

“Urban Debate League, for these kids, is transformative,” said U.S. Magistrate Judge Craig Shaffer, who has been

16 The Docket I September 2011

a volunteer debate judge since the league started in 2008.

Shaffer is a favorite among students because he takes the time to get to know them.

“They realize this person cares about me and my development,” league co-founder Roberto Corrada said about volunteers. “The relationships that are created here are really strong and an important part of our success.”

Corrada and league co-founders Rico Munn and Casie Collignon are pleased to see that in the four years since the league has been in Denver, students are learning, they are gaining confidence, and they are having fun—even though they often give up their Friday nights and Saturdays to prepare and participate.

“They’re just captured by debate, the intensity of it,” said Corrada, a professor at the University of Denver Sturm College of Law. The three personally know how debate can impact students—they all debated in high school and college.

For Collignon, who grew up in South Dakota and now is a partner with Baker Hostetler, it provided the chance to travel and see more of the world. “When you grow up in a small town, those kinds of opportunities can be just as valuable as the substantive things you learn in debate,” she said.

In 2003, they began working to establish the league. At the same time, they were seeing debate disappear from schools and wanted to ensure it would be something that minority students in particular would have a chance to experience in the future, Corrada said.

“It’s such a powerful activity for learning. I always thought I’d want to be involved here in Denver and especially with respect to inner city kids,” he said.

“When I debated, my family was lower middle class and I could not have debated unless there was public funding for it.”

Getting Denver Public Schools on board as a partner was key. They started the league with five schools in 2008 and now have 11 schools that participate in the league.

“DPS has been a great partner,” said Munn, who is also a partner at Baker Hostetler. “They really see the benefit of the program and its growth.”

The league, which attracts many attorneys who are former debaters themselves, connects these students with people with professions they may have only heard of. One student told Collignon she had never met a female lawyer until she met her.

“I think part of the Urban Debate League and the diversity experience, whether it’s with coaches or judges or instructors, is exposing kids to potential,” she said.

Likewise, the skills the students learn in debate makes study of the law a natural fit.

“Debating is sort of a crucible. You Debate, continued on page 17

Casie Collignon poses with student debaters at the Baker Hostetler Classic.

Debate, continued from page 16 get up and you have to speak, you have to make the arguments, and there’s immediate feedback from a judge who tells you exactly why your argument failed or succeeded,” Corrada said.

“That kind of feedback—intense, specific feedback—over arguments that are very sophisticated, one can imagine this is very good preparation for becoming a lawyer or going into any field that requires good critical thinking skills.”

Chavez hopes to study either veterinary medicine or law in college. If she pursues law she hopes to become a judge.

Over the summer, she got to see what the career would be like—she interned with Shaffer and got to sit in on some of his hearings.

“It seems like an awesome job,” Chavez said.

Participating in the league has also translated into real academic achievement. All seniors participating in the

league have graduated, Munn said.

Chavez’s younger brother, Frankie Arnold, said being in debate has helped with his reading skills and he’s doing better in school. His sister’s involvement in the league opened up the world of debate to him, and he joined the Manual debate team as an eighth-grader. He’s also thinking about law when he gets to college.

Corrada, Collingnon, and Munn have enjoyed seeing their students’ expectations for themselves grow. Students have voiced that they want to be a Supreme Court justice or the President.

These goals may seem lofty, but it makes those involved with the league proud to know these students, who may be dealing with family and economic issues that the average high school student may not have to face, are making plans for their future.

For Corrada that means “we’re creating a vision of the possible.” D

Rico Munn, who debated in high school and college, wanted to bring an urban debate league to Denver because he knew first-hand that it would open the doors to travel and new experiences for students.

Denver Urban Debate League

Students will participate in their first tournament of the year at Manual High School on Saturday, Oct. 8. Interested in volunteering? Visit denverurbandebate.org/ getinvolved for more information.

September 2011 I The Docket 17

An Open Plea to Lawyers: Make a Career Change if You’re Unhappy

by Beck y B y e

I

f you’re not happy with your practice—change it! Life’s too short to robotically plug away in a job that gives you little or no personal satisfaction, even though it might supply a steady paycheck and provides “something to do” during the day.

In a recent ABA Journal article, the American Bar Association reported that a mere four out of 10 lawyers within sixto-nine years of their practice said they were satisfied with their careers.1 Therefore, a majority of mid-career lawyers are seemingly dissatisfied with their practice, after years of schooling, thousands of dollars in education, and thousands of hours of legal work under their belt.

I find this disheartening. People who possess the intellectual capacity to practice in our sophisticated profession,

18 The Docket I September 2011

with their hard work ethic and their academic achievements, should not settle for anything less than satisfaction with their professional (and personal) lives. Just because society, pop culture, and even aspiring lawyers have stereotyped “successful” lawyers as those who practice in a certain type of firm, with a financially lucrative career and a certain type of lifestyle, meeting this stereotype is not any measure of success.

Other current articles reinforce the findings of this ABA sur vey and show a more concerted focus among attorneys to be truly happy. In a short article titled “Myths about Happy Lawyers,” the author notes that approximately 85 percent of attorneys make at least one job change in their careers, and encourages lawyers to “not be afraid to move or leap.”2 Another recent ABA article details the career journeys of “successful” attorneys, including a former Yale graduate and U.S. Supreme Court law clerk seeking happiness in another profession.3 I urge you to believe that you can live a satisfying personal and professional life, but it probably will involve some changes, and perhaps even financial sacrifices.

I use the words “personal” and “professional” together because most of your waking hours are probably spent at work or commuting to work. If you are unhappy with your job, the sentiment will undoubtedly transfer to your personal life and your relationships.

Permit me to give a personal exam-

ple. Two years into my legal practice, I chose to leave a large law firm for the public sector. I also made a decision never to look back at what my paycheck at the large law firm might have brought me. Yes, I was making more money than many attorneys in the public sector, but at what price? Even when I was away from the office and at home or among friends, I found myself fixed to my BlackBerry and intensely preoccupied with work and the coinciding stress. I soon transformed from the bubbly, highenergy, fun person I once was to a very tired, exhausted, highly stressed person.

“Retiring” from private practice for the public sector was the best decision I ever made. I vehemently believe in the work that I do, enjoy the substance of what I do, and enjoy the office culture.

The elated sentiment from my job satisfaction transfers into other areas of my life.

Unfor tunately, many law yers bemoan going to law school for a variety of reasons and, complaints about student loan debt aside, many simply do not receive satisfaction from their work.

You probably will be happy practicing law if you find the right type of practice that suits who you are and your prerogatives. Various people I know simply have changed practice areas within their firm or changed firms altogether and have found the job satisfaction they sought.

Others have found success with slightly more drastic routes to changing their status quo. People have switched from the private to public sector into positions such as assistant attorneys general, prosecutors, and public defenders, among others. Others have left the public sector for private practice. Always remember that a day in the life of one type of attorney may be a complete sea change from your practice right now, and you might find the change to your liking.

It’s possible that you might be unhappy in a career that is integrated

with the practice of law. If that’s the case, leave the practice of law for whatever makes you happy. A law license does not mandate that you become a slave to a profession that might never make you happy. Many former lawyers have found success elsewhere. For example, novelist John Grisham has bestsellers including “The Firm” and “The Client” under his belt. He is more successful as a writer than he ever was as an attorney.

Jim Cramer, the well-liked (albeit loud), financial personality on CNBC’s “Mad Money,” graduated from Harvard Law School. When he failed to secure a legal job he wanted, Cramer worked at various financial institutions before he became the well-known financial journalist and TV personality he is today. These people found success in these non-attorney roles because they are happy with what they do, which makes them do it well and

with passion.

No matter where you are in your legal career, you should constantly evaluate and reevaluate your happiness.

After introspection, soul-searching, and careful deliberation, if you remain convinced that your perfect career match is elsewhere, do your best to get there in calculated steps.

When I think of “successful lawyers,” I do not envision people with large houses and turbulent relationships as successful, despite their résumés. I view success as finding a career that suits your personality, lifestyle, and intellectual interests, and finding true professional and personal bliss. D

C’mon Get Happy A Few Tips on Taking Steps Toward Professional Happiness

• Scale back the blame and focus on making the right adjustments.

• Look at your core competencies, what you’re really good at. Then, consider your vision of the future and think about what kind of life you’re trying to create.

• Get out and interact with people who can help you answer these questions and, perhaps, help lead you to the right place.

People you don’t know well are often the most useful in career change because they’re not invested in you.

From Becky Beaupre Gillespie and Hollee Schwartz Temple. 3

B e ck y B ye m a y b e rea ched a t beckybye@gmail.com.

1.

See Ward, “Pulse of the Legal Profession,” ABA Journal (Oct. 2007), available at www.abajournal.com/magazine/article/pulse_of_ the_legal_profession. The article also mentions that later in practice, the job satisfaction increases to six out of 10 attorneys, but as the article indicates, the change stems from people being in their practice long enough to decide that “law is for them” and to just stick with it.

2.

See Levitt, “Myths About Happy Lawyers,” ABA Journal (Feb. 2011), available at www.abajournal.com/magazine/article/myths_ about_happy_lawyers.

3.

See Gillespie and Temple, “Hunting Happy: In Grim Times, a Search for Joy in Law Practice Gains Ground,” ABA Journal (Feb. 2011), available at www.abajournal.com/magazine/article/hunting_happy_in_grim_times_a_search_for_joy_in_law_practice_gains_ground.

September 2011 I The Docket 19

Looking Back and Moving Forward A Reflection on the Implosion of 2010

by M ary J. M ull arke y

E

arly on a Sunday morning in August 2010, my family and I made our way to the rooftop patio of the Denver News Agency building, at 101 W. Colfax. Then, as now, the building was the temporary home of the Colorado Supreme Court, Court of Appeals, and the State Court Administrator’s Office.

Although we arrived by 6:30 a.m., there were already more than 20 people assembled to watch the implosion of the State Judicial Building scheduled for 8 a.m.

An air of anticipation built as people continued to arrive, many carrying coffee and pastries. From our vantage point, we looked south across Civic Center at the five-story judicial building, facing 14th Avenue between Broadway and Lincoln.

The building had been stripped to its skeleton, with only its cement floors and steel structure remaining. The Colorado History Museum, which had occupied the 13th Avenue side of the block, had been demolished and the debris removed.

Only a large hole remained where the museum once stood.

The streets surrounding the site were blocked off to restrict vehicular and pedestrian access. Employees of the demolition contractor patrolled the area to ensure that the site was cleared and viewers were at a safe distance.

In the planning stage of the demolition, concerns had been raised that implosion of the State Judicial Building might damage the venerable state Capitol, located a few hundred feet uphill from the demolition site. The experts assured us that the Capitol would not be harmed, and we had confidence in a good outcome based on the successful record of the contractor for safely demolishing hundreds of buildings worldwide. Nevertheless, I had a twinge of apprehension as the implosion time approached.

After 7 a.m., communications increased among the contractor ’s

20 The Docket I September 2011

employees monitoring the perimeter. The employee stationed at our patio was easily identified by his hard hat, reflector vest, and walkie-talkie, and we could hear him sending and receiving monitoring reports. As a joke, my husband asked the employee if his company worked at Cape Canaveral. The employee laughed and, in a serious vein, told us that his company had contracted with The Colorado Judicial Center was imploded just more than a NASA to demolish the shuttle year ago, in August 2010. The site of the former building will launch pad after the last shuttle be the home to the Ralph L. Carr Colorado Judicial Center, which mission is flown. Knowing that is slated to open in spring 2013. Photos courtesy of the Colorado Judicial Branch. rocket scientists had chosen our contractor, I smiled inwardly, confident that the implosion would go as planned.

Soon, we were at the countdown to 8 a.m. Exactly on time, we heard a large concussion. For an instant, the entire building was raised up and then it fell to the south in a great cloud of dust.

Although it sounded like a single explosion to my ears, it was a series of precisely timed explosions that brought the building down. rior of the new courthouse will be gray The dust cloud blew in our direction, and granite to match, as nearly as possible, we could see nothing more. the exterior of the Capitol. The shape of Removal of the debris took several the granite blocks on the courthouse and days, however. From my office, I saw a on the lower portion of the office buildparade of empty semi-trailers round the ing picks up design features of both the corner at Colfax and Broadway and disapCapitol and the Colorado Department of pear into the demolition site to be loaded Education. with the broken steel and concrete.

It was exciting to watch the imploNow, a year has passed since the old sion of the old building, especially seeing building was imploded. The Capitol was the brief moment when the building rose not injured by the explosion and conout of the ground. We witnessed a drastruction of the Ralph L. Carr Colorado matic step toward the completion of the Judicial Center is well underway. The Judicial Center in the spring of 2013. D 12-story office building facing 13th Avenue was topped off in June. Its exterior Mary J. Mullarkey is a retired Chief “skin” of granite and precast materiJustice of the Colorado Supreme Court. als is being put in place. The four-story Mullarkey, the longest serving Chief Justice courthouse, facing 14th Avenue on the in Colorado history, retired Nov. 30, 2010. site of the old State Judicial Building, was topped off in early July. The exte-

Study Finds Attorneys a Danger on the Roads—Fair Verdict?

by S a r a C ro cke r

S

haring the road with an attorney or judge may be worse than sharing a courtroom, a study released earlier this year by insurance.com found.

The study, released in February, ranked the top 10 most dangerous drivers by profession, based on those who claimed a previous accident when getting a car insurance comparison quote from the

Solon, Ohio-based company.

In the case of attorneys and judges, 44 percent claimed to have been in an accident. “We bet 44 percent of them talked their way out of a ticket, too,” the press release from insurance.com quipped. The least dangerous drivers were athletes, with only 17 percent claiming a prior accident, and homemakers, with 24 percent claiming a previous accident.

So, why are protectors of the rule of law so unruly on the road? “Professionals who demand multi-tasking—being on the phone, moving fast on a tight schedule—are prone to more distractions and, from there, more accidents,” says insurance.com VP Sam Belden.

Some members of The Docket Committee called foul, noting that as licensed professionals (on the road and in the court), attorneys maintain their commit-

ment to a high ethical standard and may be more honest when getting an insurance quote. There’s no way to be sure from the study, but whether you’re riding with your partner or a Denver Broncos player, be sure to buckle up—you may be sharing the road with one of those nine other dangerous professionals. D

Top 10 Most Dangerous Drivers

by Profession 1. Attorney/Judge 2. Financial professional 3. Government worker 4. Bartender or Waiter 5. Business professional 6. Dog groomer 7. Marketing/advertising professionals 8. Barber/Stylist 9. Coach 10. Nurse

September 2011 I The Docket 21

Wellness Brief

Become a Communication Pro

by MINE S & A ss o ci ate s

B

eing a good communicator doesn’t just involve good speaking skills; it’s about being a good listener, too. To communicate better in all areas of your life, use the following tips to help you develop your abilities and connect with others more effectively.

In the office setting, you can be a more effective communicator with fellow employees by: r Showing people they can trust you by not embarrassing anyone. r Avoiding judgment and sticking to the facts. r Giving praise and feedback regularly. r Asking for clarity when you’re confused: “I want to make sure I’ve understood you correctly. Do you have an example of what you’re speaking about?” r Restating the person’s point to check for understanding: “What I’ve heard you say is …” r Use body language to show you’re listening (eye contact, nodding your head, etc.).

Ask for Responses It’s important to leave time and space available so that you can allow others to share. By asking for others’ opinions and thoughts, you’ll show that you care about their feelings. As a result, colleagues and others may come to you more often about concerns or ideas. Ask the following questions to show your interest: r “What do you think about that?” r “Was that easy to understand?” r “Do you feel OK about this?”

Communication Basics Whether you’re communicating oneon-one or among a group: r Try not to make assumptions around what the other person already

22 The Docket I September 2011

knows. Make sure the person knows all the information and has a basic understanding of what you are speaking. r Use appropriate language when speaking to another person. The person you are speaking to will have a unique background, skill set, age, and level of experience. To be easily understood, use clear, direct language that takes these characteristics into consideration. r Pick a quiet and appropriate place to converse. If the conversation is about a personal matter, make sure the place is private.

Consider Non-Verbal Cues When you’re speaking to someone, it’s not just your words that are important. Think about the messages you are sending through tone of voice and body language: r Tone of voice: w Does your voice sound urgent or hesitant? w Do you sound nervous or are you stammering? w Do you sound light-hearted or belligerent? r Body language: w Are you making eye contact? w Are your arms folded? w Are you leaning forward aggressively or looking relaxed? w Are you fidgeting or obviously distracted?

If your body language and tone of voice send a different message than your words, try to find out why. Are you really saying what you mean?

Active Listening r Respond to the person who is talking by giving active feedback like, “Uh-huh,” or “Please, go on.” r A small nod of your head while a person is talking also reaffirms that you are listening.

Practice the tips above to help develop your listening and speaking skills. Communication skills take time and practice, but the more you work at it, the more effective you’ll be. D Published as part of MINES & Associates Personal Advantage services and available at MINESandAssociates.com.

Originally written and published by Life Advantages – Author Delvina Miremadi ©2010.

Wellness Brief is a monthly column that will look at all aspects of health and living well and offer tips on how to bring well-being to your daily life. Is there a topic you would like to read about? Please email suggestions to Docket Editor Sara Crocker, at scrocker@cobar.org.

Stop and Touch the Eagle

by J o seph A . M urr

O

ften in our busy, stressful days, we forget the sage old advice to stop and smell the roses. I am embarrassed to confess that I had been practicing law in Denver for more than 20 years before I noticed there was an eagle on top of the Denver courthouse— also known as the City and County Building. In my defense, when headed to the courthouse, I am usually extremely focused. Focused is a nice way of saying stressed. When we attorneys are extremely stressed, we are not as likely to notice all the small details around us, such as an eagle on top of a clock tower on top of a courthouse. A nonstressed tourist would be much more likely to stop and carefully admire all the details of the beautiful Denver buildings and landscape than a focused attorney headed to court.

Sometimes, the “little” things like finding the correct judge in the correct courtroom can add to the stress. The court system in the City and County Building has always been progressive, and by progressive, I mean the system often gets “reshuffled” to obtain more efficiency. Cases get moved to different courtrooms and the judges periodically get rotated. The end result is the additional stress of not knowing exactly where you are going while rushing to join a client for a court appearance.

Suspicious clients get concerned when their seasoned attorney starts explaining why he is reading the hallway maps.

The bottom line is that notwithstanding the pleasant demeanor of the judges, the Denver City and County Courthouse creates more stress than most courthouses.

Additionally, the normal stress level caused by needing to win every court encounter obviously is high; however, these are only two of my excuses for not noticing the eagle. How do I explain more than 20 years of not seeing it as I’m leaving the courthouse? Presumably at

that time my client is happy (usually) and I am happy and the stress has departed.

My only explanation is a wrong direction observation. By this, I mean that I don’t usually turn around and admire the courthouse while walking away.

Nevertheless, imagine my excitement when I belatedly learned from a client who was restoring the City and County Building about the beautiful eagle on the top of the clock tower. The eagle has adorned the building since it was completed Murr poses at the top of the City and County Building with the eagle. in 1932. My excitement ably writing those favorable orders increased when an OSHA/legal issue granting my motions. Take a moment inspection presented an opportunity for and consider my thoughts at the time: me to climb the scaffolding and personI was literally “high” and thrilled, and it ally observe the eagle. After donning the felt as though I had achieved an entire proper gear and accomplishing a very courthouse (not just one courtroom) scary climb to the top, I succeeded. The victory. I wanted to go back down the views were incredible and the eagle was ladders slowly and ask my favorite judges indeed magnificent to behold. My perwhether they had ever touched the eagle. sonal thanks to my adventurous client For those judges and attorneys who are (who obviously climbs mountains as a picking up the phone to call me and beg pastime) who hung out on the side (litto touch the eagle, please don’t. We must erally) of the scaffolding to get a picture avoid the appearance of impropriety and of me with my law firm office window in unauthorized OSHA risk. the background (obviously preapproved Seriously, each of us should take OSHA equipment testing). This picture, every opportunity to stop and smell the the climb to the top, and touching the roses. This may include touching an eagle eagle indeed provided a peak day in the when the opportunity arises. Denver is practice of law. so full of beautiful buildings, parks, and The act of touching the eagle had amenities, but we often overlook them numerous benefits. The first was the while going about our busy day-to-day obvious physical achievement of climbactivities. Slow down. Enjoy Denver. ing approximately 14 (felt like 100) Smell the roses and touch the eagles. D flights of temporary stairs and ladders.

This required ignoring the queasy feelJoseph A. Murr has practiced law in ings of altitude, fear, and exposure, as Colorado since 1984, with an emphasis in well as the necessity of not embarrassreal estate, commercial litigation, business ing myself in front of a fearless client. transactions, and lender collection/bankAdditionally, there was the psychologiruptcy law. Since 1992, he has been the cal joy of touching the eagle while all President of Bloom Murr & Accomazzo, P.C. my favorite judges were so far beneath me, working diligently away, presumSeptember 2011 I The Docket 23

24 The Docket I September 2011

September 2011 I The Docket 25

Legal

AFFAIRS GOOD THINGS Christopher J. Neumann, a shareholder in the Denver office of Greenberg Traurig , LLP, has received Colorado State Neumann Senate confirmation for his appointment to the Colorado Solid and Hazardous Waste Commission by Gov. John Hickenlooper.

Kara C. Martin, former district and county court magistrate in the 18th Judicial District, joins the Rocky Mountain Martin Children’s Law Center as Domestic Violence Program Director.

Martin has an extensive background in domestic violence matters and child advocacy, handling protection order cases for approximately four years as a magistrate in the 18th Judicial District.

J o h n W. G r u n d , a par tner in the Denver-based defense firm, Grund Dagner, P.C., has been recognized by The Grund Roller Skating Association International for his exemplary and innovative assistance to the association.

Grund’s practice focuses on recreational liability along with the defense of complex and multidistrict litigation, product liability, common-carrier and general aviation law, hospitality law, malpractice, and insurance law.

David Asarch, corporate counsel for affordable property management firm, Monroe Group, and its real estate development partner, Steele Properties, has joined the Board of Directors of Jewish Family Service of Colorado.

Asarch has served on the organization’s Development Committee for the

past year, and will continue to support its services in four key areas: mental health counseling, senior services, disability and employment services, and family safety net services regardless of faith or economic status.

T he First Judicial District Bar Association and First District Judicial District Access to Justice Committee Weinstein recently awarded Denver trademark/copyright attorney David A. Weinstein a certificate of appreciation for his outstanding contributions and services regarding pro bono mediation.

De ana Da g ner, a partner in the Denverbased defense firm, Grund Dagner, P.C., has been designated a state chair for the Dagner Council on Litigation Management.

Wheeler Trigg O’Donnell congratulates partner Mark Clouatre on his completion of the Ironman 70.3 Hawai’i. He Clouatre finished the race in 6:04 and placed among the top third of participants.

Cloutre’s national litigation practice focuses on commercial, franchise, product liability, and general tort cases.

Tr i s h Co o p e r , o f counsel to the Law Office of Stephen J. Harhai, has been admitted to fellowship in the American Cooper Academy of Matrimonial Lawyers.

Perkins Coie has earned a Gold Standard Certification from The Women in Law Empowerment Forum (WILEF).

The Gold Standard Certification seeks to certify, publicly recognize, and broadly publicize law firms that have integrated women into the highest leadership positions in the firm.

Lawrence Ross became a shareholder and the company name has changed to Shepherd Ross, P.C. Ross joined the firm Ross in 2010 as of counsel and leads the firm’s corporate and business law practice.

Derek Blass released his debut novel, “Enemy in Blue,” in June. The novel follows a young lawyer who is drawn into a case involving the murder of an illegal immigrant caught on video and an allegedly racist cop.

Faegre & Benson partner David Stark has been appointed by Colorado Chief Justice Michael Bender to the newly formed Commission on the Legal Profession.

Jonathan H. Steeler has been named to the Executive Committee of Ryley Carlock & Applewhite.

Steeler Steeler will contribute to the overall strategy and management of firm operations.

CHANGES Sweetbaum Sands Anderson, P.C. is pleased to announce the hiring of a new associate, Katherine Karamalegos Kust.

Dufford & Brown P.C. is pleased to announce Mathew Costinett has joined as an associate.

T he L e gal Resolution Center announced that Art Kafrissen, formerly a judge with the Pennsylvania Court of

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

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

26 The Docket I September 2011

Common Pleas, has joined the firm’s Aspen office.

Jones & Keller, P.C. is pleased to announce that Cyrus Rajabi and Steven R. Kabler are shareholders of the firm.

Rajabi concentrates his practice on business, securities, and real estate law, including representing emerging and established companies, as well as individuals, in all manner of business, securities, and real estate transactions.

Kabler is a litigator whose practice focuses on commercial, health care, real estate, and construction disputes. Steve also represents health care providers in peer review and disciplinary actions before regulatory agencies.

Foster Graham Milstein & Calisher, LLP is proud to announce that Gary Lozow has joined the firm as partner and Lozow Lara E. Marks has joined the firm as special counsel.

L oz o w a nd M a r k s will continue to focus their practices in criminal defense and civil rights Marks litigation.

Merlin Law Group has brought on Erin Kristofco to represent Colorado policyholders in disputes with their insurance companies.

Michael (Ty) McKinstry and Michael E. Kaplan have joined Otten Johnson Robinson Neff & Ragonetti P.C., as associates.

McKinstry will focus on real estate and land use matters, and assist clients in the industrial, office, retail, and finance industries.

Kaplan will focus on representing clients on real estate development, zoning, acquisition, disposition, and real estate loan matters.

Sweeney & Bechtold, LLC , is delighted to announce that Rachel E. Ellis has joined the firm as an associate.

Ellis will continue to focus on the

representation of plaintiffs in employment law matters.

B e re n b a u m We i n shienk P.C. is pleased to announce that James L. Wooll has joined the firm as special counsel and as Wooll a member of the firm’s litigation and dispute resolution and employment law practice groups.

Wooll has practiced exclusively in litigation boutique environments since 2003, following his clerkship for Chief Judge Claus J. Hume of the Colorado Court of Appeals.

Sherman & Howard and Tegtmeier Bednarski announce the combination of their firms.

Richard Bednarski Bednarski and Richard Tegtmeier have become members of the commercial litigation practice.

Greenberg Traur ig Managing Shareholder Tegtmeier Dave Palmer announced that Robert S. Thompson III has joined the firm as shareholder in the energy and natural resources and American Indian law practices.

Thompson is recognized in the development of Indian natural and public lands resources and their applicable statutory and regulatory requirements.

The Shareholders of Sweetbaum, Levin & Sands, P.C. are pleased to announce that the firm shall now be known as Sweetbaum Sands Anderson, P.C. The address and telephone number will remain the same.

Christopher P. Kenney, P.C. is pleased to announce that Michael W. Anderson has joined the firm in an of counsel position. Anderson will continue his practice of general civil litigation, insurance defense, and coverage.

Jones & Keller, P.C. is pleased to announce that Aaron Goldhamer has joined the firm as an associate.

Goldhamer is a litigator whose practice focuses on insurance, financial transactions and services, and construction disputes.

E llen Weston Squires of The Squires Law Firm, P.C. is pleased to announce that she is now offering family law Squires mediation services. Squires will continue to represent clients in all aspects of family law.

BRICKS & MORTAR Merlin Law Group announced the opening of its newest office at 999 18th St., Suite 3000 in Denver.

Faegre & Benson, LLP, has relocated its Boulder office. The new address is 1470 Walnut St., Suite 300 Boulder, CO 80302-5335.

IN MEMORIAM David Getches, longtime dean of the University of Colorado School of Law, died July 5 of pancreatic cancer. He was 68. Getches Getches was dean of the law school from 2003 to 2011. He had stepped down as dean on June 30 to return to the faculty. Getches was an expert in natural resources and Indian law. During his time as dean, he oversaw the financing and construction of the law school’s Wolf Law Building and expanded academics.

A memorial service for Getches was held on Aug. 11. A scholarship has been set up in his name; for more information, visit cufund.org/GetchesScholarship.

September 2011 I The Docket 27

Dates on the

DOCKET DBA EVENTS

FOR THE PUBLIC

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

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

Sept. 1

Democracy Education Noon–1:30 p.m.

Call Meghan Bush, (303) 824-5303.

Sept. 6

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

Call Meghan Bush, (303) 824-5303.

Sept. 7

Sept. 7

Lawline 9 — 4–6:30 p.m.

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

Call (303) 295-9470.

Sept. 13

Sept. 14

Sept. 8

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

Sept. 13

Waterman Fund Noon–1:30 p.m.

Call Janet Bauer, (303) 824-5319.

Sept. 20

CAN Monthly Meeting Noon–1 p.m.

Call Kate Mills, (303) 824-5312.

Lawline 9— 4–6:30 p.m.

Sept. 15

Sept. 20

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

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

Call (720) 944-2594.

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

Call (303) 573-1302.

28 The Docket I September 2011

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

Lawline 9— 4–6:30 p.m.

Sept. 28

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

Lawline 9— 4–6:30 p.m.

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

Docket Committee Meeting Noon–1 p.m.

Call Sara Crocker, (303) 824-5347.

DBA Board of Trustees 7:30–9:15 a.m.

Call Denise Lynch, (303) 824-5327.

Sept. 21

Join a Committee!

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

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

Write for

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

DENVER BAR ASSOCIATION

PLACEMENT SERVICE l

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Attorneys Secretaries l Paralegals l Receptionists l Accounting l Administrators l Office Services l

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Serving the Legal Community since 1986 Mev Parsons / Barb Allen (303) 894-0014

NOW PLACING ATTORNEYS!!!

September 2011 I The Docket 29

Picture

THIS

DBA Awards Five for Service The DBA Annual Awards party recognized five who have provided unmatched service to the legal profession and to the community on June 7 at the Hotel Monaco. David C. Little was given the DBA’s highest award, the Award of Merit; Mary Jo Gross was honored as Volunteer of the Year; Lucia Padilla was honored as Young Lawyer of the Year; Hon. William W. Hood III was honored for Judicial Excellence; and Molly Lepore was honored as Teacher of the Year. Photos by Jamie Cotten.

The honorees (from left) Mary Jo Gross, Molly Lepore, Hon. William W. Hood III, David C. Little, and Lucia Padilla pose with their awards.

From left, Jill Wichlens and her husband, Court of Appeals Judge Richard Gabriel, pose with DBA Executive Director Chuck Turner and Immediate Past Colorado Bar Association President Paul Chan after the ceremony.

Immediate Past DBA President Stacy Carpenter, who emceed the event, poses with Padilla.

DBA Happenings Members Honored for 50 Years in Law The DBA hosted the 13th Annual Seniors Spring Banquet on June 22 at the University Club to honor those who have practiced for 50 years, starting their legal career in 1961. Seniors Committee Chair Don McMichael took guests on a walk down memory lane, highlighting historic moments in 1961, and emcees Stacy Carpenter and Mary Jo Gross personally recognized each honoree in attendance. Photos by Jamie Cotten.

DBA Executive Director Chuck Turner congratulates Charles (Kit) H. Cowperthwaite after giving him a mediallion recognizing 50 years of legal practice.

The evening’s honorees were (from left) Leonard P. Plank, Edwin G. Ruland, L. Thomas Woodford, John Mason, Jr., Peter C. Guthery, Terry N. Fiske, Joe Borus, John (Jack) A. Kintzele, Donald K. Bain, Albert B. Wolf, Robert M. Phares, Donald M. Burkhardt, Charles (Kit) H. Cowperthwaite, James E. Hautzinger, and Arnold C. Wegher.

Attorneys Night Out a Success The DBA Young Lawyers Division raised more than $20,000 at its sixth annual Attorneys Night Out on June 23, benefitting The Legal Center for People with Disabilities and Older People. Guests enjoyed a Glenlivet tasting and hors d’oeuvres at the Blake Street Tavern. Photos by Jamie Cotten.

Jim McBride, Kay Conger, and Julie Busby check in guests, including Denver Access to Justice co-chair Jennifer Levin. More than 100 people attended the event..

From left, Steve Rickles, Mary Anne Harvey, Raj Kukreja, and Lori Albert enjoy laughs and drinks.

September 2011 I The Docket 31

samuEl Gordon, Esq.

ElainE a.WohlnEr, Esq.

hon. richard d. TurElli

hon. TErri s. diEm

hon. JamEs s. millEr

hon. John P. lEoPold

shEldon E. FriEdman, Esq.

hon. harlan r. Bockman

colliE norman, Esq.

NatioNal ExpErtisE local ExpErts 410 17th Street, Suite 1600 • Denver, CO 80202 303.534.1254 tOllfree 1.866.534.1254 32 The Docket I September 2011