Equity, Diversity and Inclusivity

EQUITY, DIVERSITY AND INCLUSIVITY | BY SARA SCOTT

Growth Mindset

I’ve been thinking a lot about what needs to happen from an operational perspective for a legal organization to implement or augment its Equity, Diversity and Inclusivity (EDI) efforts. That is, of course, my job. It came to me that one can go through the steps, but if there is no transition in thinking — and actual transformation in leadership — EDI efforts will likely fail. This is not about checking off boxes or implementing mandatory training; instead, it is about shifting from a fixed mindset to a growth mindset.

I am sure many of you are familiar with these terms and have read Carol Dweck’s book “Mindset,” but it becomes really interesting when you think of mindsets related to EDI efforts and the legal field. Dweck writes, “In a fixed mindset, people believe their basic qualities, like their intelligence or talent, are fixed traits. They spend their time documenting their intelligence or talent instead of developing them. They also believe that talent alone creates success—without effort.” (Dweck, 2015). She describes a growth mindset as one in which “people believe that their most basic abilities can be developed through dedication and hard work — brains and talent are just the starting point. This view creates a love of learning and a resilience that is essential for great accomplishment.” (Dweck, 2015).

Those with a fixed mindset can work hard and put in the long hours, but they never believe their talents will exceed what they naturally are, and they continuously try to prove themselves as worthy. Meanwhile, those with a growth mindset believe that they can change their abilities through learning and hard work and are less focused on proving themselves and are more focused on the growth piece.

How many of those in senior leadership apply a fixed mindset as relates to less experienced attorneys? How many of those leaders put those attorneys in a box soon after they start working at a law firm or organization using a fixed mindset model? Attorneys, I venture, often categorize new attorneys as either high-potential attorneys or low-potential attorneys. What might it look like if leaders applied a growth mindset to newer attorneys? Sure, leaders might still put new attorneys in a box on day one based on assumptions about the attorneys’ abilities, but the leaders would not leave those attorneys in those boxes. Employing a growth mindset approach would involve brainstorming ways to ensure that attorneys get the support necessary to develop and reach their potential. An example would be to hire a legal writing tutor to work with attorneys when writing is an issue, instead of simply categorizing them as low potential. That is inclusivity.

Now let’s apply the fixed and growth mindset models to the EDI efforts in your organization. When I consult and train and provide examples of bringing a more robust EDI plan into an organization, I hear way too often that my suggestions are aspirational in nature and probably will not work. Talk about a fixed mindset. Adopting a growth mindset would mean willingness to consider my advice and at least give it a try.

As Dan Millman has said, “The secret of change is to focus all of your energy not on fighting the old, but on building the new.” That growth mindset allows room for the change that needs to happen with EDI.

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Come On Get Happy

Fly-Fish Your Troubles Away

By Leigh Horton

“People fish because they are searching for something. Often it is not for a fish.”

— Fennel Hudson

Iwas not a bear in my natural habitat as I sat on Mount Princeton hoping that Smokey would gobble my lunch of tepid beans and trout caught that morning. Despite my long-held delusion that I follow in the line of incredible women like Gertrude Bell, who roughed it in the Middle East and influenced people on how to build a post-war continent, in truth, I’m a slightly out-of-shape appellate law clerk who can, on a good day, influence a legal opinion’s direction.

My Mount Princeton adventure made me realize how a legal career is like hiking.

It’s easy to get lost if you’re not paying attention, and there’s always someone (like a mountain lion or opposing counsel) waiting for a vulnerability to appear. The start is exciting and full of the promise of amazing corner-office or mountaintop views; the middle is painful, full of existential questions and where most people turn back; and the end . . . ? Well, I’ve been told it’s fulfilling and bittersweet.

I’m still trudging through the middle.

So for those stuck in the middle of their legal career hike, I recommend hiking to a local fishery. From the time

I learned to fly-fish at age five, I’ve found peace and meditation floating down our local rivers, especially the Colorado

River. On one segment, I see the beaver family that I’ve floated past since I was a kid; on another, I see the pair of golden eagle parents, carefully watching their chicks fall out of the nest to learn to fly; and I’ve met the most wonderful people who want nothing more than a day on the water without leaky waders. But most importantly, I’ve gotten perspective on my goals and spent countless hours of quality time with my mom.

Jim Fogg, an attorney at Ogborn Mihm, has a similar story. “My dad tells me that he had me in waders (retrofitted hip boots that went to my chest) in the stream at age three. I’ve seen pictures, but I don’t remember those days. I do remember that, for a time, fishing with dad meant messing around with the fly rod a bit, but mostly playing with mud and bugs while he fished and I netted. I do remember catching my first fish, on a fly rod, on my own, on the San Juan River when I was six.”

Fogg continues to fish, saying fly-fishing is “the only thing I do during which I think about nothing else, unless I choose to. Everything else — the stresses life brings — melt away and I become singularly focused. If I’m not locked in on bugs, I’m taking in all of my surroundings to problem solve. If I’ve got the bugs, I’m reading water and shooting for a perfect drift. If I’ve got a pig on the line, I’m figuring out how to chase it down the river without falling in and where to land it. If nothing’s working, I can lay down on the bank in one of the most beautiful places on Earth and think about anything, nothing, or take a nap.”

Through his adventures with his dad, who’s also a lawyer, Fogg “learned as much about the practice of law” as fishing. “I also saw how the commonality of interest in fly-fishing, and everything that goes along with it, can form a strong bond between people,” Fogg explained.

To that end, with sponsorship from the Young Lawyer Divisions of the Colorado and Denver Bar Associations, Fogg organized Bar Flies, which seeks to offer “lawyer-anglers of all ages and experience levels the opportunity to organically grow networking and mentoring relationships.”

This focus on building relationships and de-stressing is timely given our supreme court’s recent publication from its task force on attorney well-being. It found that between 21% and 36% of Colorado attorneys are problem drinkers, and 19% to 28% struggle with significant levels of depression, anxiety and stress. This leads to lack of productivity, absenteeism and law firm attrition — 44% of associates leave firms within three years and 75% leave within five years.

Fogg believes that burned-out attorneys can benefit from fly-fishing, given the similarities between fishing and the practice of law. “Preparation and study play a critical role in both and, in my opinion, one can always push himself or herself to become a better lawyer and a better fly angler. Fly-fishing demands the ability to deduce, pay attention to and adapt to changing conditions.” It “requires precision, and punishes sloppiness, just like the practice of law. I believe that being able to recognize the importance of those disciplines and applying them in a variety of settings reinforces their application in all walks of life.”

Keep an eye open for Bar Flies events in emails from the Colorado Bar Association and Denver Bar Association Young Lawyer Divisions in 2022. After receiving rave reviews from participants in the August 2021 event, Bar Flies will meet several times next year, starting in the first quarter. And until then, tight lines!

Leigh Horton is an appellate law clerk for Judge Christina Gomez. As a former engineer and current outdoor enthusiast, Leigh hopes to go into environmental litigation—or become a fly-fishing guide.

End of an Era

By Doug McQuiston

The year was 1984, a dusty, long-ago past. I was a few years out of law school. The partners at my firm told me I needed to get “more active” in the bar association. Having two young children still in diapers at home and little time available after long hours at work, I began searching for a committee I could fit into my “free” time. I enjoyed reading The Docket, so I showed up to a meeting. That was all it took.

I knew instantly that I wanted to be a part of this merry group, to bask in the company of its talented, creative, broad-minded and hilariously funny members. And so began a beautiful relationship that has lasted 37 years, spanned my whole career, outlasted countless editors and seen members come and go by the dozens. It was by far the most fun I ever could have had on a “bar” committee. The many incredibly funny and talented members who graced this masthead (and the amazing editors who tried to herd us cats over the years), taught me a great deal about writing, editing, using humor as a persuasive tool and life in general. The experience remains a highlight of my legal career, even though we never made a dime from it.

So here we are, at the twilight of that era. I am shocked and saddened to see that I have apparently outlasted the publication itself. But I am also grateful beyond measure that The Docketwould gift me with the good fortune to write for the last edition before we turn out the lights (at least in the magazine’s current form). Maybe it was inevitable that a “print” magazine intended for lawyers in the Denver area would someday reach the end of its useful life. I hope it can be resurrected, in a form that fits better with this new world.

But what a hell of a ride it has been. My first “beat” for The Docket was one no one else wanted: short bits for the “sports desk,” covering the bar association’s many intramural sports teams, from basketball to softball and flag football. From there, I moved on to short essays on topics ranging from Valentine’s Day to travel, restaurant reviews, the humor we encounter in the law from time to time and politics, both local and national.

It was the politics beat where I think I found my “voice,” such as it was. I was The Docket’s designated “conservative” (though I always considered myself just a misunderstood classical liberal). That our editors (and the chief executive of the bar association at the time, Chuck Turner) were willing to publish my stuff was a display of poor judgment for which I have always been grateful, and of which I took full advantage.

Most of my columns tried for a light-hearted approach. I learned that humor could break down barriers and open minds to the broader concepts I wrote about. My work on this beat spanned three decades. The political upheaval during that time offered an endless supply of article ideas, and I took a swing at more than my share here.

Political humor “worked” then, regardless of the affiliations of our readers. Younger readers may find it hard to believe that even just a short time ago,

But I am also grateful beyond measure that The Docket would gift me with the good fortune to write for the last edition before we turn out the lights (at least in the magazine’s current form).

Americans did not identify themselves by whom they voted for in the last election. People laughed at political jokes and saw the humor. They didn’t take politics so darned seriously.

We didn’t all think alike. I would venture that the many Docket members and editors I was fortunate enough to count among my friends had political views widely divergent from mine. And here’s something crazy, young readers: it didn’t matter. Friendships transcended politics.

But somewhere along the way (maybe around the second decade of our strange new millennium), it became harder and harder to “do” the political articles without angry backlash or misunderstanding. It became harder to find the humor.

So, I searched for other things to write about. The topic was secondary, really. Writing for The Docket was what I wanted to do. It always brought the same joy it did when I saw my first little essay “in print,” no matter the topic. Even this sad, little hasta luego brings the joy of those years back to mind.

As it happened, I returned to the politics beat (sort of) for what turned out to be my penultimate piece for this magazine, published in the Summer 2021 edition. It was called “E Pluribus Unum.” Take a look. You can find it here: https://issuu. com/dbadocket/docs/docket_summer2021_low_res.

Is it unrealistic to hope for a return to that halcyon era where we can all laugh at our politicians, regardless of party? Nope. I see a bright future full of that sort of thing. The alternative is unthinkable.

Yet as the sun sets on this version of The Docket and we await the next (note the tone of optimism), I will remember this most: the friends I made here; the gags we pulled in our April Fools’ issues (especially those that resulted in amused, but chagrined, calls from the Chief Justice, or angry letters from readers who didn’t get the humor); the “bar review” articles, where we met at a local dive, had cocktails and then wrote about it. I will remember the kindness of our many editors. They always managed to make what I wrote better, without ever making me feel inadequate.

And I will leave you all with this: Thanks for reading The Docket over the years. You are who we labored to entertain. We hope you’ll keep reading whatever it is we write, wherever and whenever we manage to get it published.

In the meantime? Go seek out those with whom you might disagree politically or ideologically. Find the interesting people on that side of the fence. Get to know them, “virtually” and in real life. Have the deep discussions with them. Develop the courage to listen—try to hear and understand why they think as they do. Search for common ground, while not retreating from your own ideals. Pitch for your “side” vigorously but cultivate a talent for disagreeing without being disagreeable. Be willing to challenge your own deeply held beliefs. Most of all, consider the possibility you might be wrong about something (not me, of course. I thought I was wrong once, but I was mistaken).

That’s -30-.

DOUGLAS I. MCQUISTON is a mediator panelist with Accord ADR Group. He is a Denver attorney and mediator with over 36 years of experience in litigation, alternative dispute resolution, law and technology, and law office management.

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The Professionalism Coordinating Council offers entertaining and engaging vignettes that illustrate negative and positive attorney behavior. You can preview the vignettes at cobar.org/professionalismvideos. The Council’s speaker panel is also available to discuss professionalism matters with attorneys at local and specialty bar associations, sections, committees, law firms and other attorney gatherings.

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Succession to Service

By Toni-Anne Nuñez

Iam a firm believer in the approach of asking why? Of seeking for reasons behind the importance of our decisions and the purpose of our actions. The Succession to Service platform matches Colorado lawyers and law students with nonprofit organizations, legal services programs, and the courts to provide essential legal assistance to underserved populations.

My hope is to not only discuss the why but to also to describe the how to serve this increasing need.

The statistics are, frankly, depressing and overwhelming. The recently released

IAALS Justice Needs and Satisfaction Report indicated that 66% of the American population experienced at least one legal issue in the past four years, with less than half of those legal issues being resolved. Low-income families are particularly vulnerable with access to justice struggles negatively impacting people with serious social, emotional, legal and economic consequences. According to the Colorado Judicial Branch’s Cases and Parties without Representation in Civil Cases FY2018, 75% of family law litigants appear in court without attorneys. We, as legal professionals and attorneys understand the complexity of the legal system, and can also appreciate how overwhelming it can be at times, even for those of us fortunate to call ourselves lawyers. If the system can be daunting to those in the legal profession, imagine how debilitating it is for pro se parties.

The American Academy of Arts and Science Civil Justice for All 2020 publication concluded that at-risk populations cannot receive justice if they cannot access legal support, guidance and advice. Navigating a legal system without an attorney or legal expertise has significant consequences and can have catastrophic outcomes. The COVID-19 pandemic exacerbated the divide, and exposed the weaknesses we all know were already present in our communities. None of the challenges are new, but the pandemic exposed the harsh reality.

In 2017, Colorado’s Access to Justice Commission held a Justice for All Summit. Along with many other topics,there was recognition that a centralized portal was needed to provide a centralized online access point for pro se parties to receive help navigating their legal issues, and provide innovative and meaningful opportunities to improve access to justice. Founded in 2020 through a collaboration effort of the Colorado Attorney Mentoring Program (CAMP), the Colorado and Denver Bar Associations (CBA, DBA), Metro Volunteer Lawyers (MVL) and the Colorado Access to Justice Commission, the Succession to Service (STS) platform was launched. This program seeks to catalyze Colorado attorneys, law students, paralegals and others in the legal community to provide service to nonprofit organizations, courts and other legal service entities.

STS builds on the notion of collaboration, relationships and partnerships. This platform allows those looking for pro bono opportunities a safe, free, accessible and supportive way of becoming involved with the legal community to provide meaningful impactful services. Colorado non-profits and legal providers can sign on to the website and post short or long-term opportunities. The portal aggregates opportunities in areas across metro Denver and throughout greater Colorado. The tasks vary by area of law, complexity, direct legal services, administrative tasks, research projects, mentoring and clinics. Volunteers can sign up to help for an hour, or several hours, and many opportunities occur remotely; although if volunteers prefer in-person events, those are also available. Thanks to more than 40 Colorado lawyers,22 legal service providers in the Denver metro area joined STS in its pilot year. In 2021, STS acknowledged the need to reach further into the legal community and partnered with Paladin, a justice tech company. The platform was relaunched, and today is Colorado’s only statewide online portal designed to help lawyers find volunteer opportunities to assist Coloradoans with their legal needs

For legal service providers, STS provides a platform to manage and track pro bono interest and engagement in real time. In addition to providing legal service organizations with a simple and free tool to post pro bono opportunities, the portal has features that may be valuable to help legal service organizations manage their programs more broadly, and connect lawyers to real opportunities and real people in need.

For attorneys, retired attorneys and judges, legal assistants, paralegals and all other in the legal community, STS provides opportunity. Opportunity to give of your time and expertise. Opportunity to connect with others. Opportunity to make a difference in your local community, or maybe have meaningful impact in a rural community where there may be legal deserts – places where there are few, if any, attorneys serving a vast community population.

The why is clear. The statistics are daunting. The need is real. We, as legal professionals are the stewards of our justice system. We live in a time and place where there is an unprecedented need to provide legal services to unrepresented parties who simply cannot afford a lawyer. Across the profession, courts, bar associations, access to justice commissions and committees and legal service providers are seeking ways to engage lawyers in pro bono services. We all recognize the need to address the changing legal profession and strive to create meaningful and innovative opportunities to make our world a better place. Some attorneys may volunteer to gain new skills, or to network, or to improve the reputation of the profession. Some may volunteer to advance their leadership opportunities, advance their career or enhance their reputation with the legal community, judges and courts. Everyone’s why is different, but if the result is to help a person or family in need, then there is no wrong motivation.

STS provides the how The portal is designed to make it easy for lawyers to search, learn about, and volunteer for matters suitable to their interest and skills and to seamlessly connect with the referring agency to get started. To join as a volunteer or legal service provider, visit www.successiontoservice.org.

We are a program that brings great lawyers and good causes together. We believe that the health of our community can be measured by the relationships formed between volunteer lawyers and the nonprofits they serve. Our goal is to build a program that overcomes barriers that may keep volunteer lawyers and nonprofits from finding each other, working together, and developing strong relationships.

I would be remiss if I failed to extend my appreciation to Ryann Peyton who not only provided crucial information for this article but served as a co-founder of the platform. Her dedication and commitment to the program has been central to its success. I am fortunate to work with Ryann and Elise Overall (Emo) as we promote and build this opportunity. I am thankful to CAMP, the CBA, DBA, MVL and Access to Justice Commission for the investment in our future. I have answered the why and the how” now you need to answer the when; we hope it is now.

TONI-ANNE NUNEZ is the Director of Pro Bono Programming for the Colorado and Denver Bar Associations and Metro Volunteer Lawyers and a co-founder of the Succession to Service platform.