2016 September

125 YEARS

A Denver Bar Association Publication I 38 Issue 8 I Sept. 2016

ARTISTS AND ACCOLADES

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VOL. 38 I ISSUE 8 I SEPT. 2016

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ARTISTS & ACCOLADES The Winners of the 2016 Docket Arts and Literature Contest IN THE RUNNING: A LAWYER’S PERSPECTIVE ON ULTRA-MARATHONS 2015–16 DBA ANNUAL REPORT

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INSIDE 5

Letter from the Editor

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A Message from DBA President Nancy Cohen

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Briefly

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Travel Spotlight

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DBA Member Highlight: Lester R. Woodward

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Meet New Denver District Court Judge Jennifer Torrington

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Ethics Column: Intra-Law Firm Attorney-Client Privilege

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Volunteer Corner

IN EVERY ISSUE 39 40 40 41 42

Legal Affairs Bar Resources Briefs Dates on the Docket 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

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.

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.

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Letter from the

EDITOR

SEPTEMBER 2016

DEAR MEMBERS: Here at The Docket, we are well-versed in the law-related accomplishments of the Denver Bar Association’s members.

Regrettably, we seldom have the opportunity to witness the ways in which many Denver lawyers use art and literature to bring work and life into an admirable semblance of balance.

This issue showcases this year’s winning entries and unveils the poignant stories behind their fruition.

Please join us in congratulating the winners and praising all entrants at the 2016 Docket Arts & Literature Contest reception at the Mike Wright Gallery from 5:30 to 7 p.m. on Thursday, September 15. Kindly RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

As lawyer-turned-artist Henri Matisse confessed, “Creativity takes courage.” It is never too late to pursue your artistically oriented passions or literary inclinations. In law and in life, where there’s a will, there’s a way. So go back to the drawing board, round up your castaway pen and pad, and make time to be the Renaissance person that the world needs you to be. You won’t regret it!

With warmest regards,

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

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A MESSAGE FROM DBA PRESIDENT

NANCY COHEN

“The first thing we do, let’s kill all the lawyers,” exclaimed Dick the Butcher in William Shakespeare’s Henry VI. Friends and colleagues jokingly like to tell us that even Shakespeare wanted to get rid of lawyers. We will never know for certain whether Shakespeare wanted the lawyers dead or whether he was pointing out that lawyers are guardians of the legal framework set in place to protect society against tyranny.

The latter interpretation is supported by many (but not all) English scholars. I would prefer to think Shakespeare believed that if society did not have lawyers, a totalitarian form of government would ensue.

September 17 marks Constitution Day. This is a good time to take a moment out of our busy schedules to reflect on the individual freedoms that the U.S. Constitution and Colorado Constitution guarantee, the Rule of Law, and lawyers’ role in American society. The Judicial Learning Center in the Ralph L. Carr Colorado Judicial Center has a large display describing the four pillars of the Rule of Law: 1. Governmental powers are divided; 2. Both Constitutions guarantee individual rights; 3. Due process of the law is the cornerstone of the Constitutions; and 4. The laws apply equally to everyone.

In the last year, we have seen people in this country and other countries with democratic forms of government resort to violence instead of turning to the political process to initiate change or seeking redress from the courts for their grievances.

Their ultimate goal is to impose their values, which they hope will result in the destruction of a diverse, openly democratic society. At the same time, we have heard from members of our society who do not believe the law protects them and who

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distrust the judicial process. This negative perception is just one of the challenges facing our judiciary.

This myriad of issues is indeed complex.

Possible solutions will not be simple or quickly developed. But as history has shown, lawyers will rise to the occasion to work on these problems. Often at great personal expense, lawyers represent individuals with unpopular causes and unpopular clients through the judicial process.

As Stephen Jones said before the McVeigh trial, “The world is looking at Oklahoma City. If there is an international perception that our client is being railroaded, or that there is a rush to judgment, not only will Oklahoma suffer, but the United States will suffer.” Most people agree that the Oklahoma bombing trial was fairly conducted.

What can we as lawyers do to help promote the Rule of Law and an independent judiciary?

The answer is straightforward: educate students, friends and family about the Rule of Law and the importance of an independent judiciary based on merit selection.

You can also volunteer with the DBA’s Lawyers & Schools Committee, co-chaired by Erich Bethke and Meg Pearl, by giving in-class presentations and lessons related to the U.S. Constitution and its important goals. Volunteers spend an hour in the classroom and work with teachers to share its key concepts.

Time and time again, the attorneys, students and teachers all report that they had a great Constitution Day experience. You can reach out to Carolyn Gravit at cgravit@cobar.org to find out how to get involved during Constitution Week.

This is the 50th year for the Colorado merit selection system for judicial appointments. Many people do not understand how Colorado judges are selected or retained. For more information about the merit selection system and celebrations, you can contact Amy Osthesiner, executive director of the Colorado Judicial Institute at amy@coloradojudicialinstitute.org.

Some people may have read about problems with judicial elections elsewhere or judges deciding cases that resulted in a favorable decision to a litigant who significantly contributed to that judicial campaign (regardless of whether the financial contribution actually had an impact) and assume that Colorado has these same problems. Let’s tell people how fortunate Colorado is to have a judicial selection system that is based on merit and not on money or politics.

Last but not least, lawyers can spend time with friends and family discussing the ideals and importance of the Rule of Law. It is during troubled times when we are in most need of having these conversations. D

BRIEFLY “It’s hard to beat a person who never gives up.” ~ Babe Ruth

At the time of his retirement, Ruth held the World Series career records for series played (10), runs (37), home runs (15), total bases (96), slugging percentage (0.744), extra-base hits (22), bases on balls (33), strikeouts (30) and earned run average (0.87).

“Human suffering anywhere concerns men and women everywhere.” ~ Elie Wiesel Romanian-born American Jewish writer, Holocaust survivor, political activist and Nobel Laureate.

TRIVIA: Which famous writer, born in Edinburgh in 1850, studied law to appease his father (but never practiced) and authored a tale featuring Long John Silver?

DBA FLASHBACK 1891: On Halloween night, 125 men assembled at the Odd Fellows Hall at 1545 Champa for the first meeting of the Denver Bar Association.

Photo courtesy of the Colorado Historical Society.

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Answer: Robert Louis Stevenson.

BRADLEY SHEFRIN’S adventures took him to LONDON, ENGLAND.

MARCY GLENN and her husband TOM GOULET stand in front of MONTE ALBAN in OAXACA, MEXICO..

DAVID LITTMAN visited BARGA, FLORENCE AND SORRENTO while in ITALY. He also stopped in PARIS, FRANCE. THOMAS HAMES escaped to the GREAT OCEAN ROAD in VICTORIA, AUSTRALIA.

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ANNOUNCING THE 2016 DOCKET ARTS & LITERATURE CONTEST

WINNERS Curated by Jessica A. Volz 2016 DOCKET ARTS & LITERATURE CONTEST RECEPTION Thursday, September 15 from 5:30 to 7 p.m. at the Mike Wright Gallery.

RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

This year, we are celebrating the fifth annual Denver Lawyers’ Arts and Literature Contest. The Docket Committee would like to thank all of those who participated and the professional artists and writers who generously donated their time to cri-

tique each submission. The number of outstanding entries that we received made the judging process a particularly challenging endeavor. For that reason, we introduced the People’s Choice Awards for the drawing, painting and photography categories.

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DRAWING — HOMELESS Ryan Carnes Homeless was my attempt at capturing an image from a photograph that I took shortly after graduating from law school.

I grew up in Upper Arlington, Ohio and spent a fair amount of time with friends on the Ohio State University campus. I had seen a homeless man wearing a Lakers jersey several times on campus, and we would always say “hello” to each other. I hadn’t been drawing much at the time when the photo was taken and headed down to the campus, looking for inspiration. I ran into

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my old acquaintance that day and, as it turns out, found the inspiration that I was looking for.

I don’t draw that often anymore; I find greater enjoyment in other hobbies, particularly those that take me outdoors.

Nonetheless, I’ve always had a high level of appreciation for art, regardless of the medium. I stopped by the DBA offices over the summer to look at some of the other contestants’ artwork and was extremely impressed by the amount of talent exhibited.

PAINTING — BEFORE THE STORM Andrew Carafelli When one thinks of the cattle drives and cowboys of the American West, the images conjured up are usually those from movies or television. While entertaining, such depictions weren’t necessarily meant to educate. The fact is cattle drives were far from glamorous — they were dangerous and hard work.

A review of historical literature indicates that two of the cowboys’ biggest fears during such cattle drives were stampedes and weather. I tried to capture that second fear in Before the Storm as a cowboy and his horse, tense and alert, drive the herd toward an advancing storm.

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PHOTOGRAPHY — MOUNTAIN MAN Corey Deliere The story behind Mountain Man is really about brotherhood, struggle, goals and achievement. It begins with the indelible view of the mountains from Denver, so great and intimidating that I desired to climb them from the second I got to the University of Denver. One July, I set out with a fellow trekker and the subject of the photo, lifelong friend and former Army Intelligence Officer Barrett Lee Hammons, to find the trailhead around Montezuma, Colorado. We went straight past the dirt road intersection and drove up a narrow mountain pass. We finally reached a plateau near what we would later determine to be Argentine Peak. In the distance were some mountain goats. I sped up to reach them, and, to the chagrin of my colleague, I jumped out of the car and began to approach them. To my surprise, they stopped and turned around to face me. I stared straight at the goats staring straight back at me, as if I were an alien.

If that were the end of the day it might have ended just as well, but we had much loftier goals in mind. Instead of taking us due north, the alleged trail took us southwest over a river and into a swamp-like area blanketed with brush. We probably crossed the river five more times, and after about an hour, found ourselves walking south again when we saw a giant peak to the northwest. It was undoubtedly Grays Peak (albeit a false summit). So there we were, standing at the base of Grays Peak near an abandoned mine, staring 2,500 feet straight up from Ruby Gulch, still wondering, “Where is the actual trail?” We began the ascent, one painful step at a time. It was steep and snow-covered, and there was still no clear trail. Another herd of mountain goats crossed the path ahead and again paused to gaze back at us. Looking back down several thousand feet into the valley we had just climbed, we could see a lone hiker. He appeared to be following our trail. After talking for a minute or two about how crazy this guy must be, the thought occurred to me that if we turned around now while this lone hiker made the summit, I could never forgive myself for giving up. Tired, sunburnt and still underprepared, we started towards the summit.

Eventually I was unable to tell if I was horizontal or vertical, just that I was clinging to rocks, or rather crawling and fighting for every inch and breath. After what seemed like hours, I heard voices and a brief glimpse of a shadow and then the summit. As the lone hiker inched closer and closer, we began our descent.

My knees started to get wobbly and the descent became a controlled fall.

Grays Peak was the only peak we reached that day. Life must be lived by going forward but is only understood by looking back. On the way back down the mountain, I had stopped, looked backed and photographed my fellow journeyman. He was a man in motion on a mountain that has stood for millions of years. We had conquered the mountain, if only for that day.

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PROSE — MIA’S STORY María Belén Albuja When I moved to the United States from Ecuador 14 years ago, my parents reminded me multiple times that I had to make the journey worth it. So, like any immigrant, I worked and studied hard. I did everything to move on with my new life. One of the biggest setbacks while settling in the United States was losing my parents and not being able to arrive in time to speak with them one more time before they passed away. Although this event was probably the worst I have ever endured, it triggered a series of new beginnings. Right after my parents’ passing, I set up my new office and started practicing immigration law. On a whim one day while reminiscing about my parents, I wrote Mia’s Story.

Mia is based on a true story. She was my parents’ dog and was brought to a new home in the United States after they

passed away. She adapted and went from being a farm dog to an office dog. Now, Mia works with me, pushes me to take walking breaks, greets clients and, because immigration is a very emotional practice, on more than one occasion has helped me bring a smile to a client’s face while working on complex matters.

Interestingly enough, Mia’s Story was hiding in my computer for almost five years, waiting for the right time to be shared. It is not the first story that I have written, but it is probably the most personal one. It is also the first time that I wrote a short story in English. As an unfortunate coincidence, right when I submitted Mia’s Story to this contest, Ecuador suffered a terrible earthquake. Since then, the international and national news stations have issued a stream of bad news, sad stories and controversies. Mia’s Story has the power to remind all of us that while life can change in a split-second, we have the capacity to view each change as an opportunity. Moreover, if Mia’s journey can help people understand an immigrant’s plight, I think Mia’s own journey was worth it.

MIA’S STORY MIA USED TO LIVE ON A SMALL FARM FULL OF EXOTIC FLOWERS AND fruit trees. She spent the days playing with her friends, a baby llama, hummingbirds, Pampita (the guard dog), and her small stuffed teddy bear. Mia’s dad was a retired colonel with a reputation for being fair and honest. He was the one who played with her all day and took her on long walks. Mia’s mother was a beautiful lady who spent all day taking care of the garden, cooking delicious meals and making sure everybody had what they needed. Her lap was Mia’s safe place where she was able to snuggle, feel warm and protected. This was Mia’s family, and she was happy!

One day, Mia’s parents left the house. As always, Mia took her spot on the corner of the sofa and waited for them to come home. The day went by, but nobody came home. Something happened, but nobody cared to explain. Suddenly, the house was full of people, and although Mia had food in her plate, her parents were not there. For a few days, it felt like the line of people visiting the farm was never going to stop, but eventually it did and silence took over. One by one, the animals at the farm left too. One morning, while Mia was still waiting for her parents, a young lady appeared. She placed Mia and her teddy bear in a big strange purse. That day, Mia’s journey began.

Mia stayed in the purse for a long time. The young lady put the purse on the floor and opened it up for Mia to get out. It was bright but unfamiliar. Mia was scared and cried out loud. She

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did not recognize any smells, noises or the people. The owners of the house looked a little bit like Mia’s parents, but they were speaking a language that Mia was not able to understand. Every day they tried to call Mia. Every day Mia turned her back and stayed in her bed. Mia curled up into a ball and did not open her eyes. She decided to stay inside her purse. Mia’s teddy bear was the only thing left from her life at the farm and Mia snuggled with him.

As the days went by, Mia started to explore her new surroundings. They were not big but cozy. They did not have flowers, and the poor trees around the house were probably sick because the leaves did not stop falling and covered the ground.

Eventually, Mia took the opportunity to study the couple’s movements. The couple looked nice, but she could not understand their strange language. Mia started playing with them a little so she could analyze them. Mia also looked for other animals around the house, but the garden was small with a big fence. The only animal she encountered was a small, strangelooking thing with a long tail that lived in the trees. This weird creature often taunted Mia and made a lot of noise. There were many of these crazy animals but none bothered to become Mia’s friend. Everything was different and unfamiliar, even the food.

Since Mia’s arrival at the new house, her plate was always full of food. Mia tried some, but the taste was not close to what she was used to eating at the farm where the food was always

fresh. Finally, one day due to hunger, Mia started eating the little balls of food. After eating this new food, Mia fell asleep with her teddy bear, accepting her fate and trying to understand why her parents had left her. She wondered why these strange people were taking care of her.

As the days and weeks went by, the weather changed and became colder. The couple bought Mia a sweater and even a pink jacket that Mia did not like. They also bought her a yellow collar, a silver medal with her name and some strange toys.

The language still was problematic, but Mia started picking up some words and phrases. She also had to learn to walk with a leash. Mia understood quickly that having a leash was mandatory when going to the park, but most importantly, it was her safe way to make sure that her new friends would never lose her.

There were nights when Mia could not sleep; she wondered if she would still be at the farm if her real parents had had a leash.

One night at the house, Mia recognized the lights and the Christmas tree. However, she missed the aroma of her mom’s kitchen. That Christmas night, Mia fell asleep, missing her parents but also thankful for her new family.

By the end of Mia’s first winter, she was brave enough to go out without a sweater. She had yet to play in the snow, but she kept thinking that she would try it the following year. As the weather got better, her walks increased. Mia watched all of the other dogs at the park with their sweaters, vests and even shoes … something that Mia would not even try … it was too crazy. Every now and then Mia would find someone who looked like the guardian dog at the farm, but as soon as she happily approached, she realized it was a different dog. The nostalgia of her past was always there, but Mia started embracing her relationship with the new couple.

One day, it started to feel a little bit like the farm. It was

a miracle. Flowers started to bloom everywhere, the sick trees had new leaves, everything turned green and Mia was happy to see a small hummingbird flying around the house. Along with all of the wonderful new things that she saw, she caught sight of the unfriendly tree animal that kept taunting her. But Mia had decided to bark back. The yard was her territory now, and she did not want that animal invading.

The weather soon turned really hot, causing Mia to be in a bad mood. One of those hot days, the couple took Mia to an unknown place, and in their haste, they did not take her leash.

They left her in a strange place full of dogs. Mia wanted to pretend she was brave, but the idea of not having a home again was strange. It was scary, but this time Mia did not cry. Deep inside, she wanted to believe that her new friends would come back for her. In the middle of her confusion, two women grabbed her, and she was placed in water and her fur was cut. Mia was so sad that she did not even care about of what they were doing.

When they finished, Mia was put back in a cage. Mia felt lighter.

A few minutes later, the couple came to pick her up. Mia was so happy that she could not wait to jump into their arms. During the drive back home, Mia put her head out the window. For a minute, she did not recognize herself and started barking at the mirror. Mia’s fur was much shorter. She felt fresher and happier.

The bad mood was part of the past. That hot summer day, Mia had come to understand three important things about life: • •

•

There will always be scary days … but crying will not make things better.

The purple leash worked well, but there is one that is even stronger and keeps loved ones even closer. (Some humans call it “love”; others call it “faith.”)

Your loved ones will always be watching over you.

If you need them, they will come. If they don’t, it is probably because you have everything that you need to figure things out within yourself.

By the time the leaves started to fall again, Mia had spent one year with her new family. She liked her new home and the freedom of jumping on the sofas. Mia accepted the fact that her garden will never have exotic flowers or a baby llama, but she was happy anyway. She even started to make new friends.

Some dogs at the park approached her a few times, and every walk brought a new adventure. She also loved her new haircut because she was able to run faster and jump higher. Mia’s English also improved. The animal in the tree kept making fun of her accent, but Mia did not care because that animal would never come out of the tree as it knew that the tree was in Mia’s territory now. Anyway, Mia was proud of being bilingual, something that the animal in the tree would never comprehend.

A few years have passed, and if Mia wants to feel her parent’s presence, she just has to close her eyes and remember the memories from the farm.

Mia has learned to embrace her new home, a family that loves her and a life that still is an adventure. Mia’s new parents are also immensely happy and proud of her!

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POETRY — MAYBE TODAY Ronnie Walls My mother had one request of me as a little boy — that I learn to play the piano. Both of my parents enjoyed music. I have vivid memories of my mother singing around the house. With a deep, duck-like timbre, my father would also sing songs, inciting laughter from me and my sister. My love for music and song effortlessly translated into books. A standard breakfast included cereal, juice and a book. Feed the body, quench the mind. My love for writing followed me like a warm shadow.

Prior to my high school graduation, my parents gave me my first guitar. It was then that my words, my thoughts, my heartaches and my hopes met their song.

Poetry is music. My lyrics always reflect a piece of me — a memory, a wish, a sparkle of someone that has impacted my life. Maybe Today was written in an attempt to lasso all of the grand stories that I wish to write throughout my lifetime.

Sometimes life can be overwhelming. These lyrics tell the story

of someone who is learning to capture life and measure it in days. We cannot rewrite the past, and the future is always looming; however, we can live and embrace the experience of today.

Laughter, tears, heartache and fears — all of these emotions paint the story of You. I practice primarily in family law. It is undoubtedly an emotional field. I embrace people who bring me their broken dreams and shattered hearts. I have found that Maybe Today still rings true in my practice. I tell my clients that they cannot change the past, and yes the future seems gray. Yet today, in this moment, we are here together and we will walk through the forest side by side. My mother battled cancer for several years.

She remained bright-eyed and book-in-hand until the very end.

She religiously sent people handwritten cards with her words of encouragement. I still receive messages from people sharing their love for her cards. People will come and go, but those who truly impact you will forever write their song into your heart.

When life feels overwhelming, when you are uncertain of your next move, when you spill coffee on your shirt while speeding to work, pause. Turn around and embrace your childhood shadow.

Embrace each moment; embrace today.

Maybe Today IF MY LIFE PLAYED LIKE A STORY BOOK, I’d go back to chapter eight.

When all I needed was a blue sky, On a peaceful summer day.

Maybe today I’ll chase my wildest dreams, Or I might throw them all away.

On the stars that fall around my feet, With someone else’s fate.

Perhaps I’ll watch the world go by, And wear my heart on my sleeve.

Doesn’t matter there’s a new blank page, And that’s just who I am today.

Skip ahead to chapter twenty one, When there’s more grey than blue.

Doesn’t matter there’s a new blank space, And I’m just passing through.

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Maybe today I’ll chase my wildest dreams, Or I might throw them all away.

On the stars that fall around my feet, With someone else’s fate.

Perhaps I’ll watch the world go by, And wear my heart on my sleeve.

Doesn’t matter there’s a new blank page, And that’s just who I am today.

Many years and I’m getting older, The sun is setting it’s getting late.

And all I hope is that my life is like, Like it was in chapter eight.

Maybe today I’ll chase my wildest dreams, Or I might throw them all away.

On the stars that fall around my feet, With someone else’s fate.

Perhaps I’ll watch the world go by, And wear my heart on my sleeve.

Doesn’t matter there’s a new blank page, And that’s just who I am today.

PEOPLE’S CHOICE DRAWING— GRANDPARENTS Mark Barnes My interest in drawing was initially sparked by cartoons that my dad doodled. Indeed, my first exposure to the legal concepts of intellectual property rights and fraud was in first grade, when I tried to convince my classmate Jim Ellwanger (now a professional sculptor) that I had drawn a sketch my dad did for me. After fessing up, I was blessed with several amazing art teachers who inspired me and helped me hone my skills.

While still in grade school, I won a scholarship to take classes from professional artists at a local art museum designed by I.M. Pei. I initially planned to become a medical illustrator, but my academic career took me to the University of Chicago for law school, where I still found time to draw cartoons and portraits of professors for the school newspaper.

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When friends and colleagues see my drawings, they often ask, “Why are you a lawyer?” I’m not sure if that means they think I’m a good artist or a poor lawyer – or that the two seem somehow incompatible. For years, I have followed The Docket’s Arts & Literature Contest with great interest — envious of those in the legal profession who found time to maintain outside creative pursuits. Having moved in-house to Vail Resorts as VP of Litigation after many years in private practice at Brownstein Hyatt Farber Shreck (where many of my colleagues served, often unknowingly, as models for my sketches during long partnership meetings), I finally decided to enter a drawing in the contest after listening to our CEO, whose mother is an accomplished artist, give an inspiring speech on the importance of “passion.”

The drawing I submitted is a charcoal and chalk portrait I drew of my grandparents’ wedding picture. Their ability to get married in 1936 depended on whether my grandfather, Clarence Kading, won his first campaign for County Attorney in Marion County, Iowa. Luckily for me, he did. He went on to become First Assistant Attorney General, working in Iowa’s ornate gold-domed capital building, which my sister and I called “Popo’s church.” When I was in high school, he told me he was going to buy a painting of a deer for my grandma, Frances, as they loved to watch wildlife at their small lake cabin. When I expressed shock at the price, I naively volunteered that “I could do that,” despite the fact that I’d never painted before. In hindsight, I’m mindful of Edgar Degas’ observation: “Painting is easy when you don’t know how, but very difficult when you do.”

Before I could backtrack, my grandfather immediately took me to a hobby store and bought me a canvas, paints and brushes.

Unfortunately, he passed away before I could finish the painting, which made it all the more emotional when I finally gave the framed picture to my grandma.

Although very rewarding, portraits can be extremely daunting. If even one facial feature is just slightly off, it risks not capturing the person — particularly if the subject is someone I know as well as my grandparents. When I was nearly finished with the wedding portrait, my wife was dismayed that I erased half of my grandfather’s face, explaining it just didn’t “feel right.” I appreciate her patience and support more than she knows, as well as her encouragement to convert our home office into an art studio (where my grandma’s deer painting now hangs). While I don’t get to use the studio as often as I’d like, I recently was able to do paintings for friends when one retired and another suffered a loss, as well as a colorful portrait of my wife, which I might submit to next year’s contest if she’s not too embarrassed.

I appreciate The Docket’s continued support and encouragement for the bar association’s members’ creative endeavors.

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PEOPLE’S CHOICE PAINTING — GILDED MAJESTY Brett Godfrey Gilded Majesty is a 24” x 48” oilon-canvas landscape that was painted with pallet knives. It depicts Mt. Sneffels — one of the most stunning peaks in Colorado — late on an autumn day, with long shadows and luminous highlights cast by the sharp angle of the setting sun. The twisting rivers of turning aspen appear as a skirt of gold adorning the base of the formation.

When viewed up close, you can see thick bands of impasto-style paint due to the use of knives rather than brushes, which enhances its originality and appeal. The painting took two years to complete, but was so much fun that it felt like only a few days. I was actually sad when the

painting was finished.

I have discovered that painting is one of the best ways to dissipate the stress of running a litigation firm. As a by-product of this therapeutic pastime, I have something to put on the walls of our offices. After pieces have been hanging there for a year or so, we send them to an art gallery in Cherry Creek for sale.

The proceeds more than cover the cost of materials — so this hobby is self-sustaining!

This piece is my fourth effort to capture the enchantment and mystique of this beautiful Colorado landmark. Some of the others appear on my website at brettgodfrey.com.

Sept. 2016 I The Docket 19

PEOPLE’S CHOICE PHOTOGRAPHY — RACCOON CREEK Brent Johnson My interest in photography started in 1971 when my parents gave me a Nikkormat 35mm film camera as a combined Christmas, birthday and high school graduation present.

(My older brother had picked it up in Tokyo while on R&R from duty in Vietnam.)

I went digital in 2000 and now use Panasonic and Olympus Micro Four Thirds gear, which offers compact size, good image quality and a great selection of lenses. This image was taken with a Panasonic GX7 camera and 15mm lens, 1/125 second, f/6.3, ISO200. It was processed in Lightroom and Photoshop.

My favorite subject would have to be people, but I will photograph just about anything. For an attorney, it is a muchneeded exercise for the right side of the brain! Even when I don’t have a camera with me, photography has helped me appreciate light and the beauty of the world around us.

Raccoon Creek is near my home in Littleton, and this image was taken just after a heavy February snowstorm. It reminds me of Robert Frost’s “Stopping by Woods on a Snowy Evening,” with the creek leading us into the woods — lovely, dark and deep. D

COLLEGE WINNERS: POETRY — ODE TO THE FOUNTAIN PEN Joni Hobbs PHOTOGRAPHY — COLORADO PAINT MINES Asa Cogswell

YOUNG ARTIST WINNERS: DRAWING — HIP HOP GIRL Katelin Godfrey PROSE — SOCIAL STUDIES Richard Lyman POETRY — PROGRESS Matthew Chufong-Sprague

JUDGES: Visual Arts: Barbara A. Lewis — Lewis Graham Art Consultants; Marianne Mitchell — Fine Artist; Brendan Picker — Denver Arts and Venues; Kate Schuster — Graphic Designer, Colorado and Denver Bar Associations.

Literature: Emma Garrison — Chair, The Docket Committee, Staff Counsel at Wheeler Trigg O’Donnell; Eden Rolland — The Docket Committee, Associate Attorney at Fowler, Schimberg & Flanagan; Marshall Snider — The Docket Committee, former Chief Judge for Colorado’s Office of Administrative Courts; Jessica A. Volz — Editor, The Docket and The Colorado Lawyer, author of Visuality in the Novels of Austen, Radcliffe, Edgeworth and Burney (London: Anthem Press, December 2016).

A special thanks goes to Colorado Attorneys for the Arts for their assistance in coordinating the judging of the art entries.

20 The Docket I Sept. 2016

DBA MEMBER HIGHLIGHT 10 QUESTIONS: LESTER R. WOODWARD 4. What is the best thing about practicing law in Denver?

The best thing about practicing law in Denver is that you get to live in Denver. Throughout my career, Denver has enjoyed a thriving business environment which produced many opportunities for lawyers.

5. What sparked your passion for civic activities with Denver Public Schools?

1. Why did you become a lawyer?

While in college at the University of Nebraska, I considered pursuing a career as a lawyer, but I was too uncertain even to enroll in law school. Late in my senior year, the Dean of Admissions at Harvard Law School held interviews, and he encouraged me to apply for admission.

I was raised in an environment of civic involvement in a tiny Nebraska town where both my parents were civic leaders. My father was president of the local school board during most of my 12 years in school and for many years thereafter. I first became involved with education as a director of a small private college, then as a member of the Colorado Commission on Higher Education. Seeking election to the Denver Public Schools Board seemed simply natural.

6. What advice would you give new lawyers?

I have been rewarded in my legal career by the opportunity to meet and become friends with several outstanding business people whom I had the privilege of advising on legal matters. In addition, the legal issues often presented intellectually challenging problems to resolve.

I have often advised younger lawyers with the advice I received from Don Hoagland, who explained, in response to my inadequate effort to describe the results of my legal research that he had assigned: “Les, our client would like to know what they should do; can we tell them?” To the young lawyers I advise: “Determine the needs of your client. Then seek to find a reasonable, legal and appropriate response to those needs.”

3. How do you achieve work-life balance?

7. What is your biggest pet peeve?

I am not sure that I ever came close to achieving an appropriate work-life balance, but in pursuit of such a balance, I disciplined myself always to take a break from work to have dinner at home with my wife and four children.

Happily, this is the hardest question for me to answer, as I am generally quite easily (perhaps too easily) satisfied with the world in which I live. One circumstance which I find disappointing and perhaps annoying is when a person fails to reach his or her evident potential.

2. What have been some of the most rewarding aspects of your career?

8. If you could change anything about the higher education landscape, what would you do?

Having served for 10 years on the Colorado Commission for Higher Education, where that question was ever-present, and having reached no answer, I am forced to admit that I have no reasonable answer to that question.

9.What is your favorite book and why?

At my wife’s urging, I recently read On the River of Doubt, a book about Theodore Roosevelt’s trip to explore the upper region of the Amazon after his defeat when striving to be elected to a third term as president. It is a brilliantly written tale about an adventure in the extreme written by an amazing man after his physical prime had passed.

10. If you weren’t a lawyer, you’d be: Less happy and less satisfied than I have been for the last 50+ years, but it seems reasonable to speculate that most of those years might have been spent teaching at some law school. D

EDITOR’S NOTE: Do you know a DBA member who should be featured? Email nominations to Jessica Volz at jvolz@ cobar.org.

Sept. 2016 I The Docket 21

IN THE RUNNING:

A LAWYER’S PERSPECTIVE ON ULTRA-MARATHONS

By I le ne Lin Bl o om I, like many of you, have spent much of my adult life inside of tall buildings — these two in particular:

Photo Credit: Jessica Rosengard.

Now, although this may be a necessary constraint in order to pursue my career in law, this may also seem counterintuitive for a person like me. You see, like so many others here in Colorado, I am an adventurous soul who says, “Let’s just do it!” more often than may be practical, and I try to spend every second I can in the great outdoors.

To balance my need for outdoor adventure with a job that confines me mostly to four walls, I began running ultra-marathons. In the process, I have developed new physical and mental

22 The Docket I Sept. 2016

toughness that serves me well in my career and my family life.

Along the way, I have also discovered a wonderful new community of like-minded and adventurous people.

You may be wondering: “What in the world is an ultramarathon?” You wouldn’t be alone, as I hear that a lot (among colleagues and fellow bar members). Strictly defined, it is a run that is longer than the traditional marathon distance of 26.2 miles. Distances range from 50 kilometers (32 miles) to more than 100 miles. (I am sticking to the shorter end of the scale, at least for now.) Ultra-marathons, or “ultras,” mostly take place on trails rather than on pavement; they are often over mountainous terrain with steep elevation gains. They take you to some amazing places, like this:

I remember when I discovered that trail running even existed. I was visiting Rocky Mountain National Park and saw a very fit looking couple running up the trails. What — I can combine the joys of running and hiking? Sign me up! Soon after, I started trail running and signed up for my first trail race: the Bighorn Mountain Wild and Scenic Trail Run 30K distance.

Although not an “ultra,” I was hooked.

Friends of mine who run road marathons — strong runners who have been at it for years — tell me that after finishing a marathon, they have never considered running longer than that. So, why do it?

Here’s why: •

•

First, spending several hours outside at a time in a beautiful locale, often by myself, is an exceptional opportunity to regroup from the many days and years of lawyering and mothering.

Second, I run “ultras” because they are difficult. An ultra is as much a mental challenge as a physical one; you push yourself beyond what you previously thought possible. Cultivating tenacity, determination, perseverance, focus, goal-setting and taking on challenges are beneficial qualities in the ultra-running and legal worlds (think law school, the bar exam, trial). And how rewarding to be able to use them all at one time! So, as you can see, ultra-running is not all about the running, although it certainly is physically challenging and

•

•

demands discipline in training.

Third, the ultra-running community is inspiring. So many of the participants in these races are supportive of anyone who wants to make the attempt, and many of them are truly invested in each other’s ultrarunning success. This is similar to the community of people I have met though my bar association activities and within the firms I have worked that are invested in others as attorneys.

Really, much of what this is all about is endurance.

DENVER LITIGATORS

www.ColMediators.org Sept. 2016 I The Docket 23

Ultra-running is a physical and mental endurance test.

It seems to me that life is a daily endurance test — whether things are going smoothly or teeming with adversity. Can I do this (whatever “this” is)? Can I go to law school in a big city at age 21? Can I move to a new city and start a new life when I am 30? Can I run up and down mountains at high altitudes and through canyons for hours on end when I am 44? I think it is helpful to cultivate through this daily endurance an “if I can do this, I can do anything” mentality so that one can always be prepared. And it’s important to keep myself healthy all of the time (eating, sleeping, exercising, etc.) so that I can be mentally and physically prepared for whatever lies ahead—whether it’s a challenging case, tough run, or daunting life changes.

Ultra-running has also taught me how to deal with limits better and push through obstacles when things do not go as planned, even after putting in many hours of solid training and work. Twice this summer I attempted to run a 50-mile race but was unable to finish because I missed a time cutoff. (Race directors set a maximum amount of time allowed to reach a certain point of a race to ensure races end on time.) During my first attempt, the heat got the best of me and slowed me down. During my second attempt, I had to climb close to 13,000 feet, and this took too much time that I could not make up later in the race. What does one do in that situation? After both races, I started doubting myself. Perhaps I should stick to shorter distances. Or perhaps ultra-running is not for me. Perhaps I should get back to my “regular life” (whatever that means). But then I realized that this is my life now — mothering, lawyering and ultra-running. Since I have made that a priority and dedicated so much time and energy to get to where I am now, I knew I was not turning back. The experience could be similar to losing a big case. We don’t give up in the court room, and I am not giving up on my passion for ultra-running. You move forward and you conquer the next goal, regaining clarity and focus along the way.

There will always be another opportunity, and I will reach my goal — it is just a matter of when and where.

I feel like I am really thriving as I have taken on this new pursuit of ultra-running. The rewards are many: running around in spectacular new places full of natural beauty, learning new outdoor skills, becoming part of another supportive community, having positive interactions, teaching my children about going for it and not giving up, and, perhaps most of all, the rewarding feeling that comes from finding something you are passionate about and making it a reality in your life, which to me means spending time in a way that I value.

I believe in the “time is now” mentality. There is never an ideal time to take up something like ultra-running. So, if you are interested in trying something new and adventurous, the time is now. Go get it! Embark on your own mighty progression. A complete calendar of ultra-runs in Colorado and across the world is available at ultrasignup.com. I have found a great community and great training and racing opportunities through Front Range Cross Country (frxc.org) and Human Potential Running Series (humanpotentialrunning.com).

24 The Docket I Sept. 2016

For me, it’s not about the competition but rather the full experience. My kids used to ask me if I won the race when I came home from an ultra. Now, they understand I am not the fastest racer … but they see me out there pursuing my passion, and that is more rewarding than any medal. D Ilene Lin Bloom, a past president of the Denver Bar Association, is a mother of two adventurous kids and a consulting attorney at Sherman & Howard. She can be reached at ibloom@shermanhoward.com with any questions about this article or ultra-running in general.

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MEET NEW DENVER DISTRICT COURT JUDGE JENNIFER TORRINGTON

By E mma Garrison Jennifer Torrington became a Denver District Court judge on July 8, 2016.

Although Torrington is a new District Court judge, she is no stranger to the bench and has served as a magistrate since 2004. When I met with her in chambers, she turned a water-sand picture upside down to “help us relax” and told me about her career and journey to where she is now.

Judge Torrington grew up in Tucson, Arizona and moved to Colorado to attend law school at the University of Colorado. Following her graduation in 1999, she clerked for Judge Karen Ashby in Denver Juvenile Court. After that, she worked on dependency and neglect cases as a guardian ad litem and counsel for respondent parents. In 2004, the Denver Juvenile Drug Court received a federal grant to hire a new magistrate. Excited by the alternatives that drug court provided to a deserving population of juveniles with co-occurring disorders, Torrington applied for the position. She was selected and went on to serve as a magistrate in Denver Juvenile Court for 10 years. She started out working on drug cases. Her docket eventually expanded to include domestic issues, like child support and parenting time and decision-making.

When a magistrate position became open in Denver District Court in 2014, Torrington decided she was ready for new material and new challenges. She was also attracted to Denver District Court’s reputation as a very collegial bench. Upon joining the bench as a magistrate, she quickly realized that “it is a reputation that is deserved.” As a magistrate, she handled post-decree domestic cases.

In 2016, two District Court judge vacancies were created by the retirement of Judge Michael Mullins and the resignation of Judge Ann B. Frick. Torrington’s colleagues in Denver District Court encouraged her to apply. “It was the most meaningful professional compli-

ment, as it came from people I truly admired, both personally and professionally,” she says. Torrington jokingly described the judicial application process as “an opportunity for a mid-life crisis.”

She considers herself to be a private person, but the application requires you to share details of your life to complete strangers. “It was nerve-wracking!” The judicial nominating commission also

“I have fun every day, even on long days. I love the work.” considers personal recommendations and comments about the applicants.

While she found it hard to ask for letters of support from friends and colleagues, she was soon overwhelmed by everyone’s willingness to help by writing letters, reaching out to their professional networks and sharing their own experiences with the process. “Regardless of the outcome, I was given the tremendous gift of people’s kindness.”

On April 14, 2016, Governor John Hickenlooper announced her appointment, and she took the bench in July.

Torrington is currently serving in a domestic relations division and will rotate to either a civil or criminal docket in about 18 months. She looks forward to the challenge. She appreciates when attorneys in her courtroom are courteous and focused on resolution and makes a point to thank counsel when she sees this in action.

Judge Torrington is “thrilled and proud” to be a member of the Denver District Court team — a team that she has found to be conscientious, knowledgeable and collegial. She feels very fortunate to have found a job that she loves. “I have fun every day, even on long days. I love the work.” D Emma Garrison is Staff Counsel at Wheeler Trigg O’Donnell LLP. She is chair of the Docket Committee and serves on the DBA Board of Trustees. She can be reached at garrison@wtotrial.com.

Sept. 2016 I The Docket 25

ETHICS COLUMN

INTRA-LAW FIRM ATTORNEY-CLIENT PRIVILEGE

By A lec Ro thro ck

CASE LAW EVOLUTION

In the late 1980s, the idea of an attorney–client privilege between lawyers within the same law firm was considered novel.

That is not the case anymore. Cases from other jurisdictions routinely apply the principles of the attorney–client privilege in a law firm setting, including the threshold issue of whether the firm has formed an attorney–client relationship with an in-house attorney. What remains controversial and undecided in Colorado is whether privileged communications between a firm’s general counsel and lawyer about a current client matter will remain protected if the client later sues the firm for malpractice and seeks to discover these communications.

Several early decisions from federal courts adhered to the view that “a law firm’s communication with in-house counsel is not protected by the attorney client privilege if the communication implicates or creates a conflict between the law firm’s fiduciary duties to itself and its duties to the client seeking to discover the communication” (In re Sunrise Securities Litigation, 130 F.R.D. 560, 597 (E.D. Pa. 1989)). Many of these courts also found that these communications fell within something called the “fiduciary exception” to the attorney–client privilege.

Under this exception, when a fiduciary such as a trustee obtains legal advice to guide the trustee’s administration of the trust, the beneficiaries are entitled to the production of information related to that advice. The theory is that the “real clients” are

26 The Docket I Sept. 2016

the beneficiaries. Not all jurisdictions have adopted the fiduciary exception, and there is disagreement in Colorado about whether it has been adopted here outside the law firm context.

Beginning in 2011, a series of state cases rejected this view.

Some of these cases reasoned that potential conflicts of interest are not relevant to the application of the attorney–client privilege and that consultations with in-house lawyers regarding pending cases do not necessarily create a conflict of interest and often benefit the client. Some cases conclude that the fiduciary exception to the attorney–client privilege, if it applies at all in the particular jurisdiction, does not apply in the in-house counsel situation. They reason that the “trustee” (the lawyer handling the case) has retained in-house counsel not to advise the trustee with respect to executing trust duties (how to handle the case), but rather to advise the trustee about the trustee’s personal rights and obligations, including the trustee’s rights and obligations in a dispute with a beneficiary.

These recent cases also tend to embrace the public policy that lawyers within a firm should be encouraged to consult more experienced lawyers in the firm in order to avoid potential ethics or liability problems. They will not be free to do so if they know their communications are discoverable in subsequent litigation with the client.

“No one knows whether Colorado courts will follow the modern trend.

However, neither of the two rationales for the ‘old’ rule seems sound. “ This “modern view” has now been adopted by the highest courts of Massachusetts, Georgia and Oregon; by intermediate appellate courts in California, Illinois and, most recently, New York; and by the ABA House of Delegates in a resolution adopted at its 2013 midyear meeting. In two of these cases, the court used the same reasoning to apply work product protection to materials generated by in-house counsel.

GUIDANCE TO ESTABLISH AND PRESERVE PRIVILEGE The threshold issue facing the firm when the representation of a current client raises an issue of legal malpractice is whether it is permissible for the firm to continue to represent the client. Formal Opinion 113 of the Colorado Bar Association Ethics Committee addresses the issue of when a lawyer may continue to represent a client after having made an error in the representation.

If the firm decides to continue the representation, it should consider following the guidance offered in two of the leading “modern trend” cases in order to protect intra-firm privilege: •

•

•

•

in-house counsel and the firm when the consultation occurs. In-house counsel who worked on the client matter should not be involved in the consultation.

The time spent by the consulting and consulted in-house attorneys should not be charged to the client. Rather, the attorneys should charge their time to an internal administrative account and maintain a separate file for related communications and work product.

As with all attorney–client communications, they must be made in confidence and kept confidential. The communications should involve no one other than in-house counsel, firm management and the firm attorneys and other personnel with knowledge of the problem.

The communications should be geared toward advancing the firm’s interests, not the client’s.

See St. Simons Waterfront, LLC v. Hunter, Maclean, Exley & Dunn, P.C., 746 S.E.2d 98 (Ga. 2013); RFF Family Partnership, LP v. Burns & Levinson, LLP, 991 N.E.2d 1066 (Mass. 2013).

WILL COLORADO FOLLOW THE “MODERN TREND”?

No one knows whether Colorado courts will follow the modern trend. However, neither of the two rationales for the “old” rule seems sound. The “current client” theory — under which a conflict between the law firm’s fiduciary duties to itself and its fiduciary duties to the client deprives the law firm of the protection of the attorney–client privilege — is inconsistent with the Scope section of the Colorado Rules of Professional Conduct, which states that a “violation of a Rule does not necessarily warrant any other non-disciplinary remedy” (Scope, Colo. RPC [20]).

Insofar as the fiduciary exception to the attorney–client privilege is concerned, if the issue is whether the “real” client of an attorney hired by a fiduciary is the fiduciary or the beneficiary, the Colorado Supreme Court’s January 19, 2016 decision in Baker v. Wood, Ris & Hames, P.C., 364 P.3d 872 (Colo. 2016), clearly states that the real client is the fiduciary. In addition, the fiduciary exception does not seem applicable in the law firm setting, where the attorney is helping the firm protect its own interests, not the client’s.

In this author’s opinion, it is likely that the Colorado Supreme Court would adopt the modern view if presented with the issue. It is the better reasoned approach; the public policies it furthers outweigh the public policies in support of the older cases; and it promotes better law firm management, which tends to lead to better client representation. D Alec Rothrock is a shareholder with the Greenwood Village law firm of Burns Figa & Will, P.C. and an adjunct professor of legal ethics at the University of Denver Sturm College of Law. Rothrock is a former chair of the Colorado Bar Association Ethics Committee and can be reached at arothrock@bfwlaw.com.

The firm should designate one or more attorneys in the firm to represent the firm as in-house or general counsel so that an attorney–client relationship exists between Sept. 2016 I The Docket 27

VOLUNTEER CORNER THE DBA LAWYERS & SCHOOLS COMMITTEE •

READING PARTNERS TUTORING: August and September tutor training sessions and tutoring commence in early September 2016.

•

CONSTITUTION WEEK VOLUNTEERS: In-class collaborations and presentations by attorneys using established curriculum during the week of September 19, 2016.

•

8TH GRADE CAREER FAIR: Attorney and legal staff participation at the CBA/DBA booth at the Denver Public Schools Career Fair to be held at the National Western Complex on October 26, 2016.

•

DENVER REGIONAL MOCK TRIAL COACHES AND TRAINING: In mid-fall 2016, volunteers work with a team of high school students and a high school teacher to coach and prepare the students for competition in the Denver Mock Trial Tournament. (The regional competition will take place in February 2017.)

•

LAW DAY ART CONTEST: In April 2017, volunteers will work with elementary and middle school students on a selected legal topic and help generate a poster that will be entered into a competition. Prizes will be awarded.

•

ONGOING VOLUNTEERING ACTIVITIES: Throughout the schoolyear, volunteer attorneys and legal staff can partner with Denver students and teachers in lawrelated presentations including: pre-mock trial events appropriate for elementary and middle school students; mid-schoolyear training and volunteering for Reading Partners; “debate clubs” for elementary and middle school students; and monthly DBA Lawyers & Schools Committee meetings. D

For more information and to get involved, contact Carolyn Gravit at cgravit@cobar.org.

READING PARTNERS CBA’s 2015–16 IMPACT STUDENTS

OVERALL 15 MORE THAN 70%

OF K–2 STUDENTS WILL MASTER FOUNDATIONAL READING SKILLS

VOLUNTEERS

18

98% OF TEACHERS

28 The Docket I Sept. 2016

SESSIONS

346

ECONOMIC IMPACT

$8,152

REPORT INCREASED STUDENT CONFIDENCE LEVEL

–16 2015 ANNUAL REPORT

DENVER BAR ASSOCIATION Sept. 2016 I The Docket 29

2015–16 Denver Bar Association

ANNUAL REPORT The Denver Bar Association advances professionalism within the legal community and promotes justice in the broader community. The DBA works to do so by promoting the administration and availability of justice to all; supporting and assisting its members; upholding the honor and dignity of the Bar; fostering respect for the legal profession; encouraging a thorough and ongoing legal education; cultivating positive relations among all Denver-area lawyers; and perpetuating the history and traditions of the profession. We are inclusive, purposeful, impactful and professional.

This Annual Report presents a snapshot of the past fiscal year, which culminated in the development of the DBA’s Five-Year Strategic Plan. It demonstrates what the DBA is doing in its 125th year to advance its mission and its goals.

DBA President’s Message

By Janet D r ake The Denver Bar Association is 125 years old. Denver has grown tremendously, and so has the Denver legal community. The Denver Bar Association has historically provided significant pro bono services to the community.

Pro bono work and community service have always been important to me. As a result, my presidential initiative was Make a Difference. Each month, the Docket Committee created an issue themed around different ways to serve others. Topics included children, homelessness, human trafficking, Metro Volunteer Lawyers, mentoring and substance abuse. As Denver lawyers, we are uniquely situated to help others. We should not stand idle and ignore racism, discrimination or oppression. I urge everyone to support a cause and to continue to make a difference.

In an effort to change with the times and respond to members, much of 2015–16 was dedicated to developing a strategic plan. The strategic planning committee was composed of PastPresident John Vaught, President-Elect Nancy Cohen, Franz Hardy, Mo Watson, Deputy Executive Director Greg Martin and Executive Director Patrick Flaherty. Members provided input, and the Board of Trustees gave guiding advice throughout the process. In May, the Board of Trustees approved the DBA Strategic Plan, which includes the following key components:

Mission Statement: The Denver Bar Association advances professionalism within the legal community and promotes justice in the broader community.

30 The Docket I Sept. 2016

Values: We are inclusive, purposeful, impactful and professional.

Vision Statement: The Denver Bar Association is committed to promoting member success by: • • •

Cultivating an inclusive and engaged legal community; Delivering programming focused on enhancing professional excellence; and Supporting and advancing justice.

By completing the strategic plan, we completed a chapter; now we begin implementation. The process is a fluid one that requires member participation to be successful. Over the next five years, the DBA’s Board of Trustees and staff will take action steps to improve the member experience through active recruitment, better engagement, increasing diversity and inclusivity, improving communication, and including new/young lawyers.

Additionally, there will be a focus on core programming that will encompass ongoing evaluation. Core programming includes professional development, pro bono clinics and public engagement/community service.

This message would not be complete without extending my thanks to the committee chairs and active members. Part of the strategic planning process involved critical assessment of those programs. Now that the strategic plan has been adopted, work needs to be done to ensure mission alignment and the prioritization of resources. Last year, committees enhanced bench–bar relations, engaged young lawyers and embraced senior members.

Finally, I want to thank you for your support over the past year. It has been an honor and privilege to serve as president of the Denver Bar Association. Thank you for the opportunity.

Make a difference!

DBA’S YEAR IN NUMBERS {Let’s Talk: Networking On & Off-line}

NUMBER of DBA MEMBERS

8,372

DBA SOCIAL NETWORK UPDATE FACEBOOK: 714 likes TWITTER: 2,459 followers and 2,184 tweets LINKEDIN: 1,487 members

BARRISTERS BENEFIT BALL: 540 attendees Since its inception 28 years ago, the Ball has raised $2.615 million for MVL. DENVER BAR ASSOCIATION ANNUAL AWARDS PARTY: 175 attendees

{Let’s Get to Work: Our Community Impact} PUBLIC LEGAL EDUCATION CLINICS, including the Bankruptcy, Small Claims, Collection, Divorce and Family Law legal Clinics, had 1,200 attendees and 706 volunteers this year.

COLORADO LAWYERS for COLORADO VETERANS

LAWLINE 9:

3 established clinics

325 volunteers make roughly 175 calls every Wednesday

across Colorado Volunteers: 412 Veterans served: 500 Pro bono cases assigned to attorneys: 85

Topics covered throughout the year: Accidents/Injuries, Probate, Bankruptcy, Consumer/Contract, Criminal, Employment, Family, General, Immigration, Litigation and Social Security/Disability

Sept. 2016 I The Docket 31

PROMOTING JUSTICE The Colorado Poverty Law Project (CPLP) is one of the DBA Access to Justice Committee’s most recent partners and focuses on legal issues affecting the homeless. CPLP hosts a legal clinic at the Stout Street Medical Center on the third Wednesday of every month in partnership with the Colorado Coalition for the Homeless. CPLP provides resources to enable volunteers to provide, at their discretion, a range of services to attendees, including referrals and, if appropriate, limited representation.

This year marked the 50th anniversary of Metro Volunteer Lawyers (MVL). In recognition thereof, MVL honored two of the program’s original founders, as well as five of its outstanding sustained volunteers. MVL also used the occasion to challenge attorneys to reach 50 hours of pro bono service with a “50 hours for 50 years” campaign. MVL also updated its logo and marketing efforts. At the start of 2016, longtime MVL Executive Director Dianne Van Voorhees stepped down to pursue other career ventures. Philip Lietaer became MVL’s new director and reinvigorated the organization’s mission of bridging the gap in access to justice by coordinating the provision of pro bono civil legal services within the Denver metro area. MVL accepted more than 1,000 cases last year, with approximately 294 attorneys taking a full-on case pro bono and 248 attorneys, paralegals and students assisting clients through MVL’s various clinics. MVL’s Rovira Scholar Fellow, Joey Scott, created an award-winning clinic where attorneys volunteer to assist clients with creating financial powers of attorney, medical powers of attorney and living wills. In August 2015, MVL also launched a new case man-

agement system called Legal Server. This configurable web-based platform will help MVL better manage its caseload, improve the experience of its volunteers and make referrals from Colorado Legal Services as seamless as possible. This improvement will help MVL modernize and improve its ability to provide quality help to a large number of people in need.

Every Wednesday, Lawline 9 volunteers answered hundreds of calls from 9NEWS’s 250,000 viewers. Lawline 9’s success has been entirely due to the DBA attorneys who have volunteered there.

The 28th Barristers Benefit Ball celebrated the Superheroes of MVL on April 30. Guests enjoyed the hip atmosphere of EXDO Event Center in RiNo while enjoying culinary bliss and dancing to hot tunes with The Super Docket as the motivational backdrop.

The Ball attracted more than 500 attendees, most of whom were dressed as superheroes or supervillains, and generated approximately $50,000 for MVL. Since the Ball’s inception, more than $2.6 million has been raised.

ADVANCING PROFESSIONALISM DBA Membership recorded the total number of members to be 8,372 on July 1, 2016. The DBA has partnered with a new member benefit provider, Credible, which has enabled many members and their families to refinance their student loan debt quickly and easily, saving them thousands of dollars over the lifetime of the loans.

DBA President Janet Drake’s Make a Difference campaign

Superhero dancing in action at the Barristers Benefit Ball.

32 The Docket I Sept. 2016

Klaralee Charlton helping with DBA YLD Law Suit Days. built upon Past President John Vaught’s 15x15 membership recruitment initiative, which was launched in 2014. In November, the bar association invited members to a networking event at the EDGE at the Four Seasons Hotel Denver.

The event attracted more than 150 current and prospective DBA members. The steady inflow of enthusiastic participants attested to the fact that Denver-area lawyers seek to be part of something bigger.

Vaught has continued his efforts to harness the power and potential of the Bar Ambassadors Program. The program has asked many Denver-area firms to designate a staff attorney to be in charge of circulating information about bar association programs and events.

The DBA Young Lawyers Division held a workshop, titled “Marketing and Business Development for Young Lawyers,” led by national legal marketing expert Mark Beese. The successful workshop focused on creating a personal business development plan, expanding a network, conducting business development meetings, updating bios and using LinkedIn for business development. A short networking session with refreshments preceded the presentation. DBA YLD’s networking events, like Barristers After Hours and Practice Area Preview, have continued to grow; a vast portion of them attract more than 100 attendees. The success of these events is largely indebted to DBA YLD’s partnerships with CBA YLD, CBA Sections and local law schools.

STRATUM, a members-only co-working space at the Denver and Colorado Bar Associations, witnessed a significant

CAN Toothbrush Drive Benefits KIND. Pictured: Julie Collett and Tren Ongert. increase in usage during its second year.

STRATUM offers members a stronger sense of community and collegiality while providing them with the business amenities that they need in order to enhance their 21st-century practices.

Specific amenities include: power for devices, meeting space, Wi-Fi access, printing, scanning, copying and faxing.

The DBA also administers the Waterman Fund, which provides financial assistance to qualifying Colorado attorneys who are “aged, infirm or otherwise incapacitated.” The Waterman Fund, which was established in 1954 by Anna Rankin Waterman, makes these benefits available to incapacitated attorneys in good standing who have practiced in Colorado for a minimum of ten years.

During the 2015–16 fiscal year, the vol-

unteer administrators approved more than $200,000 in grants for attorneys in need.

The DBA Seniors Committee hosted three popular events: the 2015 Seniors Committee Roast of Bennett Aisenberg on October 6; the Holiday Party on December 11; and the 2016 Seniors Committee Spring Banquet on June 8, which honored 32 DBA members who have been licensed for over 50 years.

DBA President-Elect Nancy Cohen and DBA Past-President Mary Jo Gross were among the presenters. This year, a number of young lawyers also interviewed and introduced the honorees. The 2015 Seniors Golf Tournament at Homestead Golf Course in Lakewood was another hit.

The Community Action Network (CAN) hosted four events to benefit those in need. The legal community donated a

Loren Brown and Janet Drake speaking at the Seniors Holiday Party.

Sept. 2016 I The Docket 33

Colorado Supreme Court holds the Pro Bono Recognition Ceremony.

total of $47,750 in food and funds during the Roll Out the Barrels Food Drive in April.

Approximately 300 Denver Public Schools students received backpacks brimming with supplies needed for the 2015 school year. Another popular CAN event, Strikes for Tykes, raised $3,565.41 for the Children’s Outreach Project in October. In March, the legal community also donated several boxes of dental items during the Toothbrushes for Tots drive.

In June 2015, the Legal Community Credit Union moved its corporate office to 5935 S. Zang Street, Unit 4, Littleton, CO. They have grown significantly since relocating. This past year, they also launched the Colorado Bar Association Affinity Credit Card, which benefits the Legal Aid Foundation of Colorado. For

more information, visit cbacreditcard. com. At the end of 2015, the Legal Community Credit Union Board elected to embark on a rebranding initiative that involved changing the name to Options Credit Union (optionscreditunion.com).

The name more accurately reflects what they do as a financial institution and offer members. Their commitment to bar association members and legal support staff remains unchanged.

The DBA Lawyers and Schools Committee continued to assist with field trips to the Ralph L. Carr Colorado Judicial Center and the Denver City and County Building. During the week of September 17, DBA volunteer attorneys celebrated Constitution Day by leading programs and activities in 28 third and eighth-

Standing room only at the DBA Annual Awards Party and 125th Anniversary Celebration.

34 The Docket I Sept. 2016

grade classrooms across Denver. The committee is also affiliated with Reading Partners, which has been part of Colorado’s education landscape since 2012.

Reading Partners kicked off the year with two training sessions. In January, the committee hosted the 2nd annual MLK Book Drive, which yielded more than 40 boxes of donated books. Many of the books supported the one-on-one tutoring that the students receive in the Reading Partners program by helping them build their libraries at home. Books of higher reading levels were distributed to school libraries and adult literacy organizations across the city.

Colorado Bar Association CLE (CBA-CLE) is the nonprofit educational arm of the Denver Bar Association. Seminars and conferences enable Denver-area attorneys to learn, network, and develop their careers. CBA-CLE’s mission is to be the go-to resource for quality CLE programs, legal publications and other legal tools.

There are hundreds of CLE seminars to choose from each year, ranging from onehour law practice management programs to multiple-day practice-area institutes and conferences. Denver attorneys are also encouraged to drop by our offices to view the extensive catalog of substantive legal publications, which are made possible only through the time and dedication of volunteer authors and editors.

The DBA Mentoring Program, which is run in association with the Colorado Attorney Mentoring Program (CAMP), achieved

more than 77 matches during the 2015 mentoring season. The program has offered many successful events, including one on communications.

The DBA Bench-Bar Committee continues to develop strategic events that allow judges and lawyers to get together informally and to discuss areas of concern and mutual interest. Three particularly successful events were held at the DBA offices in December, February and May. They encouraged judges and attorneys to move freely between rooms so as to maximize the exchange of viewpoints and ideas. The December program, Do’s and Don’ts of Practicing in Denver District Court, attracted approximately 60 attendees, including 20 judges. The February program, Judicial Reception: Celebrating the 50-year Anniversary of the Judicial Merit System, attracted 250 attendees, including 80 judges. The May program, Court of Appeals 101, attracted 70 attendees, including 20 judges. All three of the programs received very positive feedback from their participants.

The DBA Golf Tournament saw some major changes this year. The Golf Committee partnered with the DBA YLD and held the tournament at a public course rather than a private one. The tournament took place on Friday, June 24, at Denver’s City Park Golf Course. More than 110 golfers participated in the afternoon tournament and reception.

The DBA Awards Committee honored the following recipients of its annual awards: William E. Walters III (Award of Merit); Hon. Shelley I. Gilman (Judicial Excellence); Gerald Pratt (Volunteer of the Year); Maureen R. Watson (Young Lawyer of the Year); and MVL’s Power of Attorney Clinic (Outstanding Program of the Year). The Annual Awards Party took place on June 29 at the Ralph L. Carr Colorado Judicial Center. The event also celebrated the DBA’s 125th anniversary and the passing of the DBA’s massive gavel from Janet Drake to incoming president Nancy Cohen. The ceremony in the Supreme Court Courtroom was followed by a reception in the atrium, where more than 120 attendees enjoyed appetizers and drinks, including an exclusive lavender-infused lemonade cocktail, while mingling with their colleagues.

Top: DBA YLDers embark on a group hike in Boulder.

Middle: Kevin Windrum, Robert Sullivan, Scott Drusch and Andrew Hansen at DBA YLD Barristers After Hours.

Bottom: New lawyers stand to take the Oath of Admission.

Sept. 2016 I The Docket 35

Financials

Expenses

Assets

2016*

2015

Cash and Cash Equivalents

1,822,114

1,798,706

Due from Colorado Bar Association

228,436

187,671

0

0

Accounts Receivable (Other)

18,943

32,309

Prepaid Expenses

35,713

23,982

Property Net of Depreciation

31,750

45,263

Accounts Receivable Denver Bar Found.

0

0

4,544

4,544

Total Assets

2,141,499

2,092,475

Liabilities and Membership Equity

2016*

2015

Programs, Committees and Departments

Accounts Payable Other

0

0

Governance and Meetings

Due to Colorado Bar Association

0

0

Due to Denver Bar Foundation

0

0

25,174

28,802

0

0

463,952

403,495

18

58

Funds Held for Retirement Benefits Deposits

Accrued Compensation Accrued Retirement Benefits Deferred Revenue (Dues and Other) Accrued Sales Taxes and Property Taxes Accrued Income Taxes

-3,159

2,249

Total Liabilities

485,986

434,604

Membership Equity

2016*

2015

Unrestricted

1,620,612

1,625,661

Restricted for Special Projects

34,901

32,210

Total Equity

1,655,513

1,657,871

Total Liabilities and Membership Equity

2,141,499

2,092,475

Revenues

2016*

2015

Dues

1,004,791

919,287

Member Programs

226,059

288,235

Metro Volunteer Lawyers

136,592

164,207

Misc. Income

49,407

72,468

Total Revenues

1,416,848.56

1,444,197.47

Expenses

2016*

2015

Programs, Committees & Departments

612,318

596,027

Metro Volunteer Lawyers

265,285

278,917

G&A Human Resources

249,894

293,144

Building, Equipment & Operations

265,526

259,084

Governance and Meetings

28,875

13,841

Total

1,421,897

1,441,013

Surplus/Deficit

-5,049

3,184

*2016 figures are unaudited.

36 The Docket I Sept. 2016

Metro Volunteer Lawyers

G&A Human Resources Building, Equipment and Operations

Revenues

Metro Volunteer Lawyers Dues Member Programs Misc. Income

CBA-CLE Calendar

September 2016 REGISTER ONLINE OR CALL TODAY!

September 7, 2016 Immigration Law 2016 Submitted for 7 General CLE credits

LIVE EVENTS AND LIVE WEBCASTS

September 8, 2016 Ethically Inspired Marketing: The Boundaries of Chasing Success Submitted for 3 General CLE credits, including 3 Ethics September 8, 2016 Ethics Lessons From the Trenches Submitted for 3 General CLE credits, including 3 Ethics September 15-16, 2016 Business Law Institute 2016 Marriott City Center, Denver, CO Submitted for 14 General CLE credits, including 3 Ethics September 15, 2016 Oil, Gas and Mining: Current Legal Issues Submitted for 9 General CLE credits, including 1 Ethics

September 16, 2016 Current Issues in Federal Contract Work Submitted for 7 General CLE credits, including 1 Ethics September 28, 2016 Bankruptcy Case Law Update Submitted for 2 General CLE credits September 29, 2016 Annual Tort Law Update 2016 Submitted for 6 General CLE credits September 30, 2016 Advanced HOA Issues - Triple Crown, Developer Trifecta & Changes on the Horizon Submitted for 7 General CLE credits All classes are held at the CBA-CLE Classroom at 1900 Grant St, Ste 300, Denver, CO, unless otherwise noted.

YOUR NUMBER ONE RESOURCE FOR COLORADO LAW

LIVE WEBCASTS

LIVE EVENTS

September 7, 2016 A Comprehensive Approach to Negotiating – The Right Tactics at the Right Time Submitted for 6 General CLE credits, including 1 Ethics September 14-15, 2016 Hanging Your Shingle: A Comprehensive Seminar for Building a Successful Legal Career Submitted for 18 General CLE credits, including 6.6 Ethics September 29, 2016 Ethically Inspired Marketing: The Boundaries of Chasing Success Submitted for 3 General CLE credits, including 3 Ethics

MP3 AUDIO HOMESTUDIES

VIDEO-ON-DEMAND HOMESTUDIES

VIDEO REPLAYS September 29, 2016 Ethics Lessons From the Trenches Submitted for 3 General CLE credits, including 3 Ethics September 30, 2016 Immigration Law 2016 Submitted for 7 General CLE credits

(video replay in Grand Junction, Colorado Springs, and Denver)

Colorado Bar Association

CLE Colorado Bar Association CLE www.cba-cle.org 1900 Grant St., Suite 300, Denver, CO 80203-4303

Phone: 303-860-0608

Toll-Free: 888-860-2531

Fax: 303-860-0624 Sept. 2016 I The Docket 37

AUTHORS

Herrick K. Lidstone, Jr. and Allen Sparkman

LIMITED LIABILITY COMPANIES AND PARTNERSHIPS IN COLORADO

Limited Liability Companies and Partnerships in Colorado walks the practitioner through choice of entity, formation and dissolution of the entity, creditor rights, securities and tax issues, as well as ethical considerations. Sample multi-member and single-member operating agreements included in the appendices provide an invaluable resource.

Len Wehrung—Motion and Still Photography

To assist in research, the desk book contains a useful subject index and table of authorities, as well as a fully searchable CD-ROM. TABLE OF CONTENTS CHAPTER 1: History of Development of Unincorporated Entities CHAPTER 2: Choosing the Right Entity for the Client CHAPTER 3: Formation and Management CHAPTER 4: Member and Partner Status CHAPTER 5: Dissolution, Delinquency, and Reinstatement CHAPTER 6: Duties and Rights of Members and Partners CHAPTER 7: Derivative Actions CHAPTER 8: Transfer of Member and Partner Interests CHAPTER 9: Creditor Rights, Owner Liability for Debts of an Entity, and LLCs as Special Purpose Entities CHAPTER 10: Entity Conversions and Mergers CHAPTER 11: Special Uses for LLCs and Partnerships CHAPTER 12: Series LLCs CHAPTER 13: Securities Law Considerations CHAPTER 14: Income Tax CHAPTER 15: Employment Taxes CHAPTER 16: Use of LLCs and LPs for Estate Planning Considerations Table of Authorities Subject Index

38 The Docket I Sept. 2016

Item Number: ZLLCAP15B CBA Member Price: $85.00 Non-Member Price: $105.00

Three Convenient Ways to Order: ONLINE AT: www.cba-cle.org CALL: IN DENVER 303.860.0608 TOLL FREE 888.860.2531 STOP BY: Our office and save on shipping!

1900 Grant Street, Suite 300, Denver, CO 80203 www.cba-cle.org

Legal AFFAIRS GOOD THINGS Ireland Stapleton corporate attorney Michael R. Miller received the Dave Carpenter Award at Habitat for Humanity of Metro Denver’s Volunteer Appreciation event.

Miller is a member of Habitat for Humanity of Miller Metro Denver’s Board of Directors and serves on the organization’s Finance and Audit Committee.

Frederick J. Baumann, executive committee chairman at Lewis Roca Rothgerber Christie LLP, has been elected to the board of directors of the Attorneys’ Liability Assurance Society.

Baumann’s practice focuses on corporate and Baumann business litigation.

Sarah Benedict has joined the Colorado Lawyers Committee Board of Directors. She is a corporate attorney and director at Ireland Stapleton Pryor & Pascoe, PC. The College of Labor and Employment LawBenedict yers is proud to announce John A. Culver as one of its 75 new fellows of the Class of 2016.

The Legal Aid Foundation of Colorado is pleased to welcome nine new trustees to its board: Maranda Compton, of counsel at Van Ness Feldman; Matt Ellsworth, shareholder at Sheridan Ross; Patricia Jarzobski, solo practitioner and president of the Colorado Bar Association; Sarah Klahn, managing partner at White & Janokowski; Mike Miner, solo practitioner; Chris Montville, partner at Wheeler Trigg O’Donnell; Lindsey Nicholson, shareholder at Goldman Robbins Nicholson & Mack; Brent Rychener, partner at Bryan Cave; and Susan Ryan, shareholder at Ryley Carlock & Applewhite.

Newly-elected officers are Chairperson Chris Ford of Hutchinson Black & Cook; Vice-Chairperson Natalie HanlonLeh, a partner at WilmerHale; Secretary Eric Olson, a partner at Bartlit Beck; Treasurer Cheryl Walton, a principal at Causey Demgen & Moore; and Past-Chairperson Jessica Brown, a partner at Gibson Dunn & Crutcher.

to announce that Jonathan P. Fero has joined the firm as senior counsel. He will represent the firm’s school district, municipal and business clients in primarily civil litigation and employment at both the trial and appellate levels.

The Colorado and Denver Bar Associations welcome Vanessa Babarsky as their new Membership Marketing Manager and Sarah Kottoor as their new Local Bar Relations & Access to Justice Program Coordinator.

Babarsky Nicola Winter and Katie Ahles have joined Gutterman Griffiths PC as associate attorneys.

Butler Snow is pleased to announce that former Speaker of the Colorado House of Representatives, Terrance D. Carroll, has joined the firm. Carroll, a transactional attorney, will work Kotoor with the business services and government relations groups.

Recht Kornfeld is proud to announce that Marnie Adams has joined the firm as an associate.

Semple, Farrington & Everall, P.C. is pleased Adams to announce that Robert P. Montgomery has joined the firm as an associate. Montgomery’s practice is civil litigation, education law and labor and employment law.

BRICK AND MORTAR Wes Howard is pleased to announce the opening of his new law firm, Howard Law Firm, PC. Howard will continue his practice focusing on business and commercial litigation and arbitration, as well as employment law. The firm’s new address is 510 S. Cherry St., Ste. 610, Denver, CO 80246. His direct phone number is 303-267-6530. The main phone number is 303-3216872, ext. 4.

CHANGES Semple, Farrington & Everall, P.C. is pleased to announce that Daniel P. Spivey has joined the firm as of counsel. Spivey is a board member and immediate past president of the Colorado Hispanic Bar Association. Spivey’s practice is in civil litigation, appeals, education law, and labor and employment law.

Recht Kornfeld is honored to announce that Megan Downing has become the firm’s newest Shareholder.

Downing Semple, Farrington & Everall, P.C. is pleased

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.

Sept. 2016 I The Docket 39

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.

Tamara Goodlette, partner at Lewis Roca Rothgerber Christie; and Mari Newman, partner at Killmer, Lane & Newman. Proceeds from the dinner help the CWBA Foundation fund scholarships at both Colorado law schools, provide funding for CWBA educational and mentoring programs, and more. For more information, visit cwba.org/raising-the-bar.

how to apply those savings to more meaningful goals. Complimentary breakfast and coffee will be served. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

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 Barristers After Hours and The Docket Art Contest Reception – Thursday, Sept. 15 Join the DBA Young Lawyers Division and the Docket Committee for Barristers After Hours and the Docket Art Contest Reception on Thursday, Sept. 15, from 5:30 to 7 p.m. at the Mike Wright Gallery, 1412 Wazee St. Free drinks and appetizers will be provided. RSVP to lunches@cobar.org or call 303-860-1115, ext. 727.

CWBA Foundation Raises the Bar with Dinner The CWBA Foundation’s Annual “Raising the Bar” Dinner will be held at the Brown Palace Hotel on Thursday, Sept. 8 at 5:30 p.m. This year, the foundation honors “Women Lawyers Who Raise the Bar by Maintaining a Significant and Sustained Commitment to Pro Bono Services.” The four honorees are: Lucy Hojo Denson, associate attorney at Hinds & Hinds Family Law; Christina Gomez, partner at Holland & Hart;

40 The Docket I Sept. 2016

Cash Management and Saving Tools for Lawyers with Littles — Tuesday, Sept. 20 at Panera Downtown Raising children while managing the budget can be stressful. Join CERTIFIED FINANCIAL PLANNER™ Drew Hefflefinger for a complimentary program where he will share two strategies he uses with clients to better manage cash flow. Drew will first share a savings strategy that offers the tools necessary to better prepare for the expected and unexpected costs of raising children. Next, Drew will share a strategy he uses with clients to help reduce unnecessary expenses and

Represent the First District at the CBA The Denver Bar Association seeks nominees to serve as Colorado Bar Association vice president representing the First District (Denver). This is a one-year term beginning July 1, 2017, serving on the CBA Executive Council and Board of Governors. Nominations are due by Friday, Sept. 23. For more information or to send nominations, contact Melissa Nicoletti at melissan@cobar.org.

Sign Up For DBA Lawyers Football League This fall marks the start of another season for the Denver Bar Association Lawyers Football League. The season runs from the weekend after Labor Day to the first weekend in November. Inter-

ested teams or individuals should contact John Stevens at jhs@giffordstevens.com or 303-495-5988.

DU Law Stars Dinner – Tuesday, Nov. 1

ticket and ad sales, visit law.du.edu/ index.php/alumni/events/law-stars.

Register now for DU Law Stars, which will be held from 6 to 9 p.m. on Tuesday, Nov. 1, at the Marriott City Center downtown. For information about the honorees, sponsorship, table,

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.

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

Call Carolyn Gravit, 303-824-5323 SEPT. 5 DBA Offices Closed SEPT. 7 Docket Committee Noon–1 p.m.

Call Jessica Volz, 303-824-5336

SEPT. 8 DBA Board of Trustees 8–9 a.m.

Call Melissa Nicoletti, 303-824-5321

Professionalism Coordinating Councils Noon–1 p.m.

Call Greg Martin, 303-824-5317

SEPT. 12 Denver Access to Justice Committee Noon–1:30 p.m.

Call Carolyn Gravit, 303-824-5323

SEPT. 15 Docket Art Party and Barristers’ After Hours Mike Wright Gallery 1412 Wazee Street 5:30–7 p.m.

Call Jessica Volz, 303-824-5336

SEPT. 14 DBA YLD Council 6–7:30 a.m.

Call Heather Folker, 303-824-5350

FOR THE PUBLIC

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

SEPT. 7 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.

SEPT. 13 Bankruptcy Clinic U.S. Bankruptcy Court 721 19th St. 1:30–3 p.m.

SEPT. 14 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

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

SEPT. 20 Small Claims Clinic Denver City and County Building 1437 Bannock St., Room 117 11 a.m.–1 p.m.

Family Law Clinic Office of Economic Development 1200 Federal Blvd.

Room 1018 5:30–7 p.m.

Call 720-944-2594 Legal Night at Mi Casa 360 Acoma St. 5:30–7 p.m.

Call 303-573-1302

Lawline 9 500 East Speer Blvd.

4–5:30 p.m.

SEPT. 28 LawLine 9 500 East Speer Blvd.

4–5:30 p.m.

SEPT. 21 Doing Your Own Divorce Clinic Denver City and County Building 1435 Bannock St. Noon–1:30 p.m.

Sept. 2016 I The Docket 41

Picture THIS DBA Seniors Spring Banquet The DBA’s annual Seniors Spring Banquet was held on June 8 at the University Club in Denver. Thirty-two DBA members who were admitted to practice in 1966 made up the list of honorees.

Incoming DBA President Nancy Cohen and DBA Past President Mary Jo Gross were among the presenters. This year, a number of young lawyers also interviewed and introduced the honorees.

Honorees and young lawyers with Nancy Cohen and Mary Jo Gross.

DBA Seniors Committee Chair Hon. Leonard Plank gives the audience a refresher course on the year 1966.

Front row: Brian Dolan, David Erickson, Jon Nicholls, Robert Pitler, Peter Pryor, Richard Holme and Bill Robinson. Back row: Frederic Rodgers, Joseph Thibodeau, Hal Haddon and J. Lawrence Hamil.

Legal Aid Foundation 2016 Associates Campaign Recognition Event On May 18, a special event was held in celebration of the success of the Legal Aid Foundation’s 2016 Associates Campaign.

A record number of 57 firms participated and were recognized at the event. Colorado Supreme Court Justice Hood presented awards in the following categories: Associate Per Capita Gift Winners, Non-Associate Total Winners and 100% Associate Participation Firms. The associate-led effort raised more than $135,000 for legal aid and enlisted approximately 1,000 members of the legal community to support fairness for all in our justice system.

Legal Aid Foundation 2016 Associates Campaign Recognition Ceremony group photo.

Retirement Party for John Baker More than 70 people gathered on June 23 in the atrium of the Ralph L. Carr Judicial Center to honor John Baker, who was retiring as director of the Colorado Attorney Mentoring Program (CAMP). During his tenure, Baker grew the number of mentoring programs in the state from four to nearly 30. Ryann Peyton is Baker’s successor. She said working with him during the transition showed her that he is “the epitome of a mentor.”

Baker was joined by his family as he told everyone that he had learned not to take himself too seriously. He took his own advice to heart as he delivered his remarks in the form of a freestyle rap.

42 The Docket I Sept. 2016

DBA Happenings

DBA Golf Tournament On June 24, more than 100 DBA members gathered at City Golf Course to compete in the annual Henry Hall Memorial Golf Tournament. Four teams earned top honors in their respective divisions.

1st Gross Winners.

1st Net Winners.

2nd Gross Winners.

2nd Net Winners.

DBA 125th Anniversary Celebration and Annual Awards Ceremony More than 100 people gathered at the Ralph L. Carr Colorado Judicial Center to honor this year’s DBA Award winners and celebrate the 125th Anniversary of the Denver Bar Association.

The honorees were: William E. Walters III (Award of Merit); Hon. Shelley I. Gilman (Judicial Excellence Award); Gerald Pratt (Volunteer Lawyer of the Year); Maureen R. Watson (Young Lawyer of the Year); MVL’s Power of Attorney Clinic (Outstanding Pro-

gram/Project); Jerry Conover and Howard Rosenberg (MVL Founders Award); and Norman Campbell, Barbara Chamberlain, Lucy Marsh, Anthony Yuthas and Jon Nicholls (Outstanding Sustained Volunteer Award). The event also culminated in the passing of the presidential gavel from Janet Drake to Nancy Cohen.

From left: Bill Walters accepts the Award of Merit.

Hon. Shelley Gilman accepts the Judicial Excellence Award.

Janet Drake passes the presidential gavel to Nancy Cohen.

Lower left: Mo Watson receives the Young Lawyer of the Year Award.

Lower right: Jerry Pratt receives the Volunteer of the Year Award.

Sept. 2016 I The Docket 43

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

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254

44 The Docket I Sept. 2016

Dispute Resolution Systems