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P R O U D LY P U B L I S H E D B Y T H E D E N V E R B A R A S S O C I A T I O N

IN THIS ISSUE

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F E AT U R E S

D E PA R T M E N T S

2 From The Editor 4 President’s Letter 5 Briefly 8 Meet The Board Of Trustees 11 Laszlo Scofflaw 14 Deliveries From The Past

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16 Dangerous Times Down Under Chapter Two 20 Barristers As Backpackers

6 Meet 2019–20 DBA President Kevin McReynolds “I have always been one of those public service/community involvement people,” incoming DBA President Kevin McReynolds says. I have always been one of those public service/community involvement people,” incoming DBA President Kevin McReynolds says. “I blame my parents for this.” Kevin’s parents met in the Navy (a doctor and a nurse), and instilled in him from birth the values of civic duty and participation.. BY BRENDAN BAKER

12 A Docket Traveler’s Guide To Cuba In late February, 21 travelers ventured to Cuba on the fourth annual Colorado Bar Association/Colorado Women’s Bar Association/Colorado Hispanic Bar Association/Sam Cary Bar Association trip. BY KATE NOBEL

24 Picture This 27 Docket Bar Review At The Woods 28 Legal Affairs 30 Five Reasons For You To Take A Pro Bono Case 32 Docket Digest 33 Bar Resources

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FROM THE EDITOR | BY BRENDAN BAKER

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. OUR MISSION

To educate and entertain the Denver legal community without being sued! EDITOR

Brendan Baker, bbaker@cobar.org COPY EDITOR

Jodi Jennings, jjennings@cobar.org GRAPHIC DESIGNER

Clair Smith, csmith@cobar.org ADVERTISING

advertising@cobar.org DOCKET COMMITTEE

Thanks for all your positive and helpful feedback so far on the new Docket design! We have some more fun and informative content for you in this issue, starting with the introduction to new DBA President Kevin McReynolds on page 6. We also have profiles of our newest DBA Board of Trustees leaders on page 8. It’s always exciting when members take on new roles at the Bar, and we hope reading about your colleagues’ experiences will inspire you! In addition to highlighting members taking on official roles, this issue features a huge variety of features written by your talented attorney colleagues, from creative fiction to satire to travelogue to health and wellness to volunteer opportunities. Don’t see something you’re interested in? Let us know! The Docket is just one of the ways the DBA seeks to inform and connect our members. You can always check out our Facebook, Instagram, and LinkedIn pages,

where we provide real-time updates on important events in the legal community. Also be sure to log into our swiftly developing online discussion and resource-sharing platform, CBA Community. Here you can find affiliated discussion groups for multiple areas of law, as well as a general forum and a library of helpful materials, including MGMT HQ practice and technology resources developed in partnership with Affinity Consulting Group. Welcome to our new DBA President and Board of Trustees members, and let’s all look forward to a great summer here in the Queen City!

Brendan Baker Brendan Baker, Editor bbaker@cobar.org

Ainsley E. Bochniak, Martin J. Champagne, Jr., Klaralee R. Charlton, Craig C. Eley, David L. Erickson, Joshua J. Fitch, Laurinda Frederick, Emma E. Garrison, James R. Garts, III, Otto K. Hilbert, II, Ryan T. Jardine, Ezra M. Kramer, Karl F. Kumli, Richard Lionberger, Colleen S. McCoy, Douglas I. McQuiston, Corinne C. Miller, Blain D. Myhre, Jennifer K. O’Connell, Dianne A. Pacheco-Van Voorhees, Robert E. Petrowsky, Gregory D. Rawlings, Jonathan K. Shamis, Marshall A. Snider, Elizabeth Tharakan, William S. Wenzel and Rachel L. Young 2018–19 CHAIR:

Paul F. Miller Jr.

Mo Watson, President; Kevin McReynolds, President-Elect; Lino S. Lipinsky de Orlov, First Vice President; Justin L. Cohen, Second Vice President; Franz Hardy, Immediate Past President; Daniel A. Sweetser, Treasurer; Jillian Mullen, YLD Chair; Diversity Bars, Yamini Grema; Executive Director, Patrick Flaherty 2018–19 DBA OFFICERS:

Josh Berry, Klaralee Charlton, Emma Garrison, Ruchi Kapoor, Matthew Larson, J. Ryann Peyton, April D. Jones and Mario Trimble. 2018–19 BOARD OF TRUSTEES:

DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas and member announcements to Editor Brendan Baker at bbaker@cobar.org. The editor has the right to accept and reject submissions at his discretion. WRITE FOR THE DOCKET:

PHOTOGRAPHY / ILLUSTRATION:

Unsplash/ Istock. Laszlo Illustration: Clair Smith

303-860-1115 • denbar.org/The-Docket

Clair Smith, Designer of the Docket magazine and Ray Ruth of Prographics Print Services enjoying the relaunch party at the Denver Press Club.

Copyright 2019. The Docket (ISSN 1084-7820) is published six times a year by the Denver Bar Association, 1290 Broadway, Suite 1700, Denver, CO 80203. 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, 1290 Broadway, Suite 1700, Denver, CO 80203.

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• J U N E / J U L Y 2 01 9


Friday, June 28 5 p.m. Awards Ceremony 6 p.m. Complimentary Reception Featuring the induction of new DBA President Kevin McReynolds

DBA Offices 1290 Broadway, Ste. 1700 Denver, CO 80203

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


PRESIDENT’S LETTER | BY MO WATSON

I

t feels surprising to be writing this last message in the Docket already. Cliché as it is, I have to say this year has flown by and has been an absolute pleasure. This year has been built on the foundation of the tireless work of the DBA’s amazing staff and volunteers. Our fearless leaders, Patrick Flaherty and Amy Redfern, have made the past year seamless. Patrick and Amy coordinated countless staff members, support organizations, and vendors to make the transition into our new building seem effortless. They worked to make the new space open and welcoming. And, on top of this, they still found time to push the DBA to set a high bar (pun intended!) nationally for programming and innovation. As Patrick and Amy will readily admit, their success is only possible because of the strong commitment and the endless effort of all of our wonderful DBA employees. Every event, every service, and every

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handshake at the DBA feels welcoming and intentional; for that, we owe a huge debt of gratitude to all our staff. Beyond our paid employees, however, what truly makes the DBA unique is its members. I had the privilege of presiding over the DBA Seniors Dinner recently. For those who haven’t attended, the Seniors Dinner is an annual event where the DBA comes together to recognize those who have been members of the DBA for 50 years. As I welcomed these impressive lawyers to the stage, I was struck by the fact that there must be something special about an organization that can keep volunteers coming back for more than 50 years. It is the unique feeling of community and support that the DBA offers; no matter what you need, you can find someone within the DBA to help. As many of our most tenured members recounted, it was their relationships, their ability to count on their peers, and their passion that have kept them practicing

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for more than five decades. For these members, and for me, it is this community that we all know makes the DBA special. I know that this is the place I have often turned to for guidance and support. And I know I can continue to do so in the years to come. This year has been a whirlwind. I started our first Board of Trustees meeting in our old space and I remember being nervous about actually sitting at the head of the table and running a meeting. I looked around the room at colleagues and peers I admired, and thought, “How did I get here?” The answer is simple : through the support of those around me at the DBA.

Mo Watson

Mo Watson, DBA President


BRIEFLY

Q: How many chief justices of the Su-

OF NOTE:

preme Court have there been?

Bloodtaking and Peacemaking

“EVERY GREAT DREAM BEGINS WITH A DREAMER. ALWAYS REMEMBER, YOU HAVE WITHIN YOU THE STRENGTH, THE PATIENCE, AND THE PASSION TO REACH FOR THE STARS TO CHANGE THE WORLD.”

By: William Ian Miller

land during the age of Viking raids, land claiming, and blood vengeance. The sources for this investigation include archaeology, ancient legal texts, and above all the literary canon of the Norse sagas, sophisticated and entertaining stories passed down from the distant past to today. The sagas themselves examine the mores, power dynamics, and philosophical assumptions of Icelandic society, and Miller uses these texts to show the self-conscious construction of a social identity within a stateless society. This book forms the basis of Miller’s “Bloodfeuds” course, a perennially popular offering at the University of Michigan Law School.

— HARRIET TUBMAN

Harriet Tubman (1822-1913) was an abolitionist and political activist famous for her work leading enslaved people to freedom through the Underground Railroad. As a Union Army scout and spy, she planned the Combahee River Raid, freeing more than 750 slaves in the first armed assault lead by a woman during the Civil War.

A: 17.

DID YOU KNOW: How could a society with no centralized government or police authority create and enforce a complex legal system? This is the central question of William Ian Miller’s Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland. Miller, a legal academic and historian, examines the culture and politics of medieval Ice-

There was more time between the construction of the Great Pyramid of Giza and the birth of Cleopatra than there is between Cleopatra’s birth and the present day. There was also more time between the extinction of the stegosaurus and the extinction of Tyrannosaurus rex than there is between the extinction of the dinosaurs and the present day.

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MEET 2019–20 DBA PRESIDENT KEVIN MCREYNOLDS | BY BRENDAN BAKER

“I

have always been one of those public service/community involvement people,” incoming DBA President Kevin McReynolds says. “I blame my parents for this.” Kevin’s parents met in the Navy (a doctor and a nurse), and instilled in him from birth the values of civic duty and participation. Following their military careers, his father chaired medical organizations, while his mother went straight to law school; she had Kevin while she was supposed to be taking her Civil Procedure exam. She later ran a solo practice part-time, while volunteering with Arizona’s first hospice organization, where she served first on the board and later as a volunteer hospice nurse. “When you have parents who are involved in these sorts of organizations, you can’t say you’re not going to be,” Kevin proclaims. An Arizona native and graduate of

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Trinity University in San Antonio and the UCLA School of Law, Kevin first clerked for a federal judge then spent five years in private practice, splitting his time between firms in Los Angeles and Denver. After “enduring years of poor access to skiing and subpar local breweries,” Kevin finally moved to Colorado full time in 2008, and transferred to public practice as an assistant Colorado attorney general. Kevin quickly came into the Bar’s orbit by befriending attorneys in town and eventually joining the DBA Young Lawyers Division Executive Council. Subsequent organizational leadership roles include Second Vice President of the DBA 2015-16, and acting as Chair of the Waterman Fund since 2014. As Kevin says, “It’s inherent in my nature: I can’t not be doing things.” Kevin looks forward to growing the Bar in his tenure: “Things are running well, and that’s a good place from which to make things better.” He maintains that a

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large and robust Bar Association leads to happier lawyers, particularly since the bigger the Bar, the more kinds of member it can serve. “I am a lawyer who loves lawyering — if I weren’t lawyering law I would be lawyering something else,” he says. But he also acknowledges that there are attorneys who aren’t as enthusiastic about dealing with substantive law when they are off-duty, who might nevertheless want to foster some strong connections within the community. The DBA, he maintains, does a great job of serving both groups. Kevin points out that sometimes the best professional and personal connections come just from socializing with your fellow DBA members. Plus, the Bar is a great resource for those who did not grow up or go to law school in state, and might not have a preexisting network in town. One of the biggest challenges Kevin foresees in the next year is finding ever


“This organization does a lot and it has a huge amount of resources and things that you want or don’t even know you want.” more effective ways to inform our membership and potential members about everything the Bar offers. “The DBA does two things better than any other lawyer org: The networking opportunities are great, because there are so many lawyers in this city that cluster in a few nodes/ practice areas. So the DBA helps you tap into legal communities you might otherwise only tangentially come into contact with,” he says. “The other thing we do well is providing volunteer opportunities for those who do like to do more legal stuff with their free time. For example, every time I tell people that about $40 from their Bar dues go to support Metro Volunteer Lawyers, they are surprised. This is something

that would make certain components of our Bar feel a lot better about paying their dues.” Kevin goes on to say, “This organization does a lot and it has a huge amount of resources and things that you want or don’t even know you want, and they’re all here and you can have them all … there is stuff for everyone here that can make you a better lawyer or make you a happier person. We as a group need to do a better job of helping people understand that everybody should be here — because it is for everybody.” In addition to communicating the benefits of DBA membership, Kevin looks forward to working with incoming CBA President Kathleen Hearn Croshal to help the organizations

maintain distinct identities, as a means of serving both the Denver and Greater Colorado communities most effectively. Apart from the many hats he wears in the legal community, Kevin is known as a devastatingly effective pub trivia player. He is the only member of his immediate family who did not choose a career in the sciences, despite showing promise in this area. “What I really liked about science was solving problems. But then I discovered that people, and the problems they create themselves, in particular within their societies, organizations, collectives — those are way more interesting problems. Thus an economics and history degree — and nothing says law school like an economics and history degree!” While getting that prelaw degree, Kevin met his wife of 15 years, Anjuli, and together the couple are raising their nine-year-old daughter as a Colorado native. Kevin will bring a great deal of energy and organizational knowledge to the position of DBA President. Cat Shea, Immediate Past President of the Colorado Womens Bar and a COBALT classmate of Kevin’s, echoes the general sentiment when she says “Kevin is extremely smart, dedicated, and a hard worker. These things, combined with his extensive prior DBA experience, will serve him well as DBA President. I look forward to seeing what he has in store for the next year.” Please welcome Kevin to the position, and be sure to stop by and meet him and the rest of the Bar leadership at some of the many events we will be holding over the course of his tenure. Kevin McReynolds, 2019–2020 DBA President

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BOARD OF TRUSTEES | NEW 2019 LEADERSHIP

word limitations here). Those friendships are truly the most memorable experience I have or will have of the DBA. If you weren’t practicing law, what career would you have chosen? Probably a real estate broker or something in the entertainment industry. What is the best advice you’ve ever received? Mike DiManna told me as a young associate: “It’s not what you know, it’s who you know to call. Somebody has the answer.” True advice and, in and of itself, reason enough to become involved in the DBA!

DANIEL SWEETSER President-elect

Please tell us a little about yourself, personally and professionally. I came to Colorado from New Jersey (suburban New York) in 1975 to attend college at the University of Colorado. Skiing was the initial draw (and college, of course!) and it really was a whole different experience than the blue ice “skiing” on the east coast. The Colorado weather was what really sucked me in, though. That and the fact that my wife, my best friend of almost 44 years, and I started dating on Halloween of our freshman year at CU. We have two adult children, Lacey (33) and Sam (30), both of whom still live in the Denver Metro area. Music is my primary avocation and I still play guitar a lot. With no time to actually sit and listen to “records” any longer, I view extended trips alone in a car with a wonderful stereo system as quality time. What has been one of your most memorable DBA experiences? My memorable DBA experiences are ongoing; it’s hard to pinpoint one standout experience. The metamorphosis from showing up at Board of Trustees meetings, knowing no one, to progressing through the years into leadership positions has really been one long and rewarding experience, professionally and emotionally. I owe a ton of gratitude to Dana Collier Smith and Greg Martin for working with me through the process and ensuring that I didn’t screw up too badly, for the most part. There is a long list of colleagues I have met through the DBA who are now friends (too long for

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Ski-CLE that was a lot of fun. We all piled into a bus at the Wooly Mammoth lots in Morrison and traveled up I-70 to Vail. Trent Ongert, who will be on the Board of Governors during my term, did a CLE presentation on the way up and then we got to ski (or in my case ride). On the ride home we all ate pizza and I got to know some of my fellow bar members. I thought this was a great event. Not only did I learn something, but I got to know people in other practice areas. If you weren’t practicing law, what career would you have chosen? Oh gosh, that answer varies depending on what day you ask. I have seen Denver grow so much since I moved here, and I have always lived a mile or two from the city center. Denver has seen some really cool innovative developments that have changed the city for the better. I think it would be fun to be a part of city planning or development to continue to make this a great city. What is the best advice you’ve ever received? Be the best version of yourself.

TYRONE GLOVER Senior Vice-president

Please tell us a little about yourself, personally and professionally. My immediate family lives in California and the rest of my family is on the East Coast. Before law school, I worked in finance and owned a boxing and jiu jitsu gym. In that role, I also competed as a professional mixed martial arts fighter for several years. I moved from California to Colorado in 2006 to attend CU Law School. Then I was a public defender in the Denver office and am currently a partner at Haddon Morgan and Foreman, P.C. My practice consists of criminal defense and complex civil litigation. I’m married and have a 3-year-old boy and 10-month-old twins, a boy and girl. My wife is one of my law partners. In my “spare time” I hang out with my family, train jiu jitsu, fly fish, and DJ. What has been one of your most memorable DBA experiences? I went to a 2015

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KATY DUNN

Class of 2020 Trustee

Please tell us a little about yourself, personally and professionally. I have been an in-house real estate attorney with the master developer of the Stapleton airport for 15 years. I left my hometown of Laramie, Wyoming to go to college in Oregon, then moved to the Bay Area to work at a biotechnology company. I attended law school in San Francisco, at Hastings College of the Law, then moved


to Denver to come back home to the Rocky Mountains. I live in the Stapleton neighborhood with my husband and son, and we all love the Colorado life, being runners and skiers. I love travel and cooking, and one of my hobbies is trying new things (glassblowing? paddleboarding? skydiving? Why not!). What has been one of your most memorable DBA experiences? The Barrister’s Ball clearly stands out. It’s obviously an amazing party, but what touches me is the enormous amount of work and care that goes into the event. It highlights the Bar community’s awareness of how many people don’t have access to attorneys when they need them, and how important access to justice really is. On the CBA side, I will treasure my memories of COBALT forever. It taught me to appreciate and enjoy involvement with the CBA and the legal community, and made me a better person and lawyer. I was a member of the class of 2014 and have stayed involved with running the program every year since. I have also loved being a part of the CBA’s Real Estate Section Council, which I have served since 2015. Being a part of the Section Council has taught me so much about real estate law and introduced me to a number of local experts in my field who are also wonderful, fun and smart people. If you weren’t practicing law, what career would you have chosen? I’d be a professor. My father was a college professor, as were most of my friends’ parents when I was growing up. I ended up (to nobody’s surprise) marrying a college professor. So it’s a world I’m very comfortable in. I have a deep respect and love for academia, and the idea of passing on knowledge and making a living nerding out about one very specific area of expertise really speaks to me. What is the best advice you’ve ever received? The best advice I received wasn’t really explicit advice, but a series of life lessons. I grew up in a tight community within a pretty small town, which taught me a lot about how to treat other people in the world and how to see myself as a part of the community as a whole. If you played hooky or treated someone poorly, you’d better expect to hear about it!

NOAH PATTERSON

LARA ZARZECKI

Please tell us a little about yourself, personally and professionally. I graduated from the University of Denver Sturm College of Law in 2010. After law school, I clerked at the Colorado Court of Appeals for the Hon. Diana Terry. Since my clerkship, I have worked at the Colorado Attorney General’s Office. There, I represent the Colorado Department of Revenue in corporate income tax litigation and perform general counsel work for the Department of Revenue. I live in Aurora with my wife and our two dogs. For fun, we enjoy traveling and reading good books. What has been one of your most memorable DBA experiences? One of my most memorable DBA experiences was participating in Denver’s 2013 access to justice hearing, which the DBA coordinated and supported. It was part of a series of informative and impactful access to justice hearings that were held throughout Colorado to educate judges and legislators, and it culminated in a 150-page report on civil legal needs in Colorado. I am proud of the part the DBA played in these hearings and in completing this report. If you weren’t practicing law, what career would you have chosen? If I weren’t practicing law, I would have chosen to teach political studies. I majored in history and political studies in college, but I enjoyed a legal internship so much that I decided to go to law school. What is the best advice you’ve ever received? If there is only one path forward, take it with a smile.

Please tell us a little about yourself, personally and professionally. I was born in Denver but left the state for college. Since I knew I wanted to practice in Denver, I came back to DU for law school. Currently, I am in-house with DaVita and am really happy there. I took a turn at a large law firm and owned my own practice for a number of years, and really loved those experiences also. But working in the general counsel role is my favorite by far. My husband and I live in Park Hill with our two kids; our youngest was just born in January. What has been one of your most memorable DBA experiences? One of my favorite DBA memories was attending a legal night at El Centro de San Juan Diego with some colleagues. I have been involved with legal night a number of times in the past, and every time I come back feeling proud of all of the Denver attorneys who show up and dedicate a night to serving those who need help the most. If you weren’t practicing law, what career would you have chosen? I love to think I could have been an architect, but I have never actually tested my skills at drafting, or complex math, or engineering, so it is very likely that I would have been highly unsuccessful. What is the best advice you’ve ever received? My mother always told me to “take one bite of the chocolate elephant at a time,” which is a great way to think about slowing down and trying to accomplish a big task piece by piece.

Class of 2022 Trustee

Class of 2022 Trustee

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MATTHEW BRODERICK DBA YLD Council Chair

Tell us a little bit about yourself, personally and professionally. I was born and raised in Loveland, Colorado. Growing up so close to the beauty of Estes Park and the Poudre Canyon, I knew I had to return to Colorado after obtaining my undergraduate degree at the University of California Santa Barbara. I graduated from DU Sturm College of Law in 2012 and have been practicing at Gordon Rees Scully Mansukhani, LLP as a civil defense attorney since in the areas of healthcare,

medical malpractice, and professional liability defense. One of my favorite professional experiences so far was serving as first chair in a jury trial and obtaining a defense verdict. I’m passionate about trial and I hope to focus my term as the DBA-YLD chair on finding ways for young attorneys to gain meaningful experience in the courtroom. What has been your most memorable DBA experience? This is a challenging question because there have been so many! I have to mention the first time my wife and I attended the Barrister’s Ball (“Talk Derby to Me”). It was a wonderful event for such a good cause, and I remember thinking I wanted to get more involved with the DBA. As for the Young Lawyers Division, there was a Barristers After Hours event a few years ago that involved young attorneys as well as other young professionals. I met a young professional who put me in contact with her colleague, and he ended up serving as an expert witness in a case I was defending. It was such a fruitful event! Last (although I could go on and on), Justice Hood gave each participant

at last year’s court orientation a personal tour of the Colorado Supreme Court’s chambers and his office. It was fantastic! If you weren’t practicing law, what career would you have chosen? This would have been an easier question if I had never practiced law, because I love my job and I can’t really see myself doing anything else. But I think I would have tried writing for a television show like The Office or Parks and Recreation. I am such a huge fan of both shows, and I imagine the writers had a lot of fun thinking of ridiculous situations for Michael Scott and Leslie Knope to get mixed up in. What’s the best advice you’ve ever received? Another hard question. I have had a lot of help and guidance to get where I’m at today and I’ve received a lot of great advice along the way. I don’t know if there is single piece of advice that has provided me with the most insight or assistance. Instead, I think there is a common theme to most of the advice I’ve received: If you work hard and are kind to those you work with and around, you can accomplish just about anything.

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ATTORNEY CURMUDGEON | LASZLO SCOFFLAW BY ANY OTHER NAME

CS

Instead, my name was chosen for me by two people who I didn’t know very well, and who hardly knew me at all. Because this name has affected me during my entire life, this method of naming children has left me more grumpy than usual. Other than physical appearance, a person’s name is the identifying characteristic that is most associated with an individual. And we carry this identifier with us throughout our lives, a legally binding mark on our souls that we had no say about. When someone says, “Hey, Laszlo Scofflaw,” I know he isn’t talking about anyone else in the universe. It starts with a birth certificate. There you are, stuck with it before you even crawl out of your crib. Then the legal piling on begins: school enrollment, social security card, college admission, passport, home ownership, car ownership, credit cards, loans and deeds. You can’t escape your name (and if you try to, some skeptics have a tendency to call that fraud). Sure, as an adult you can go to court to legally change your name. But that seems

My name is Laszlo. I didn’t choose that name. In fact, I was not allowed any input into my name.

unfair. You were saddled with this ugly moniker through no fault of your own, and now you have to pay lawyers and court costs and take up your valuable time just to correct this wrong that was inflicted on you years ago, a wrong for which you had absolutely no responsibility (even though you also had no input into your physical appearance, at least you can change how you look without going to the trouble of obtaining a court order). “There must be a better way!” I hear you cry. And there is. It was laid out for us in all its simplicity in the 1960s play and movie A Thousand Clowns. In A Thousand Clowns Murray Burns, a very eccentric man, is forced to care for his young nephew, who was abandoned by his mother, Murray’s sister. (Murray’s sister went out for a pack of cigarettes and never returned. Now they communicate only by rumor.) Murray’s nephew does not even have a name when he comes to live with Murray, so Murray tells the boy that when he turns 13 he can choose any name he wants.

This nephew is bright and precocious, and is not going to adopt just any name that comes to him when he is 13. So before his birthday, he begins taking out library cards in a variety of names (such as Rafael Sabbatini, Dr. Morris Fishbein and Chevrolet Burns, to name a few) just to take the names for a spin and see how they feel. During the course of the story he is known as “Nick,” but that is just one of the names he is trying out. He also considers choosing Murray Burns as his name, which is endearing to Murray, but not ultimately adopted. In the end, we still don’t have a permanent name for Nick, but no matter. The important thing is that here was a process for someone to choose his own name. Wouldn’t you have loved to have had that opportunity? I know I would have. Next time around, that’s how I am going to handle it (if there is a next time).

Laszlo Scofflaw

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A DOCKET TRAVELER’S GUIDE TO CUBA | BY KATE NOBLE

In late February, 22 travelers ventured to Cuba on the fourth annual Colorado Bar Association/Colorado Women’s Bar Association/Colorado Hispanic Bar Association/Sam Cary Bar Association trip. At a pre-trip orientation and reunion, previous travelers reconnected, while those departing for the first time met the group and learned from the veterans’ tips. The CLE by Dani Perez of Cuba Cultural Travel provided historical context for our visit. Under the Helms-Burton Act, U.S. citizens can sue companies for the use of property confiscated by the Cuban government following the Revolution. The Act was waived by every president since its passage, but a brief Trump administration waiver would expire just after our return. Our trip also coincided with a historic vote on Cuba’s new constitution Arriving in Havana, some checked into the iconic Hotel Nacional, while others elected the bed and breakfast (B&B) option, the casa particular. We also adjusted to life off the grid, as Internet and phone access were extremely limited. The group then got acquainted over a traditional meal of taro root croquettes, beans and rice with a selection of meat and seafood, and the famous Cuba Libre cocktail. After dinner, a music professor led a performance spanning Cuba’s musical history, including its strong African and Spanish colonial influences. The trip was accredited for nine CLE

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credits, so each day in Havana featured informative discussions with Cuban speakers who were experts on various topics. The presentations the first day centered on “Cuba in transition” and the role of women in Cuba. We learned that the new constitution had been the subject of numerous local meetings around the country, undergoing revision based on that input. It increased opportunities for privately owned small businesses; previously, only B&Bs, restaurants, and taxis were privately owned. Same-sex marriage was hotly debated, and ultimately left for resolution in the family code instead of the constitution. Unsurprisingly, the one-party system remains firmly engrained. Between CLEs, we stretched our legs on a walking tour of old Havana, stopping at the cathedral and several historic plazas. The evening found us at Fabrica de Arte Cubano (FAC), a former factory turned into a modern art gallery, performance venue, and restaurant that would fit perfectly in Denver’s RINO. After a presentation the next morning on U.S.-Cuba relations, we visited the Museum of Cuban Art, where a professor of art history demonstrated the evolution from early Cuban art (including the “Cuban Mona Lisa”) to contemporary works. Our day finished with a mix of music, drama and dance at Teatro Martí (named for Cuba’s national hero). A CLE on Cuba’s emerging private sec-

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tor began our last full day in Havana. Next, a tour of Havana’s architecture juxtaposed boxy, concrete high-rises with elegant mansions now serving as embassies. Lunch at a Russian-themed restaurant was accompanied by a lecture by the owner, a Canadian lawyer who moved to Havana in the 1990s. That evening, we delighted in an unforgettable performance by Havana’s youth orchestra, following which a fleet of vintage convertibles met us for a ride through Havana to a farewell dinner for those who had not opted for the three-day extension. At evening’s end, our group joined in dancing the Conga for a fitting conclusion to the celebration. After saying goodbye, the 12 remaining travelers departed for the verdant Viñales Valley in the western part of the island. Lunch that day was a true farmto-table affair at an organic farm, after which our host at a tobacco plantation demonstrated the cigar-making process from harvest through drying the leaves and rolling the cigars. Traveling east the next day, we caught a rare glimpse of the bee hummingbird, endemic to Cuba. Continuing on, the Playa Giron Museum brought to life the Bay of Pigs invasion. But the day’s highlight came later with a swim in the crystal-blue Caribbean Ocean. That afternoon, we arrived in the port town of Cienfuegos in time for a concert by the amazing chorale group Cantores de Cienfuegos.


On our last full day, the tropical plants of the Jardín Botánico de Cienfuegos offered a distinct contrast to Colorado’s alpine flora. We then headed for colonial Trinidad and tours of the cobblestoned town and museum of decorative arts. At dinner that night we shared our favorite memories and toasted with Cuba’s “Vitamin R,” lamenting the 12-degree weather that awaited us after Cuba’s picture-perfect sunshine. Shortly after our return, the Trump administration announced that it would no longer waive the Helms-Burton Act. Then, on June 4, the Treasury Department discontinued the People-to-People category under which educational exchanges such as this were allowed. Time will tell what effect this will have on Cuba’s tourism industry. Hopefully a fifth cohort will be able enjoy this exceptional experience.

Captions (clockwise from upper left). Che Guevara at Revolution Square (Kerry Hughes), Museum of Decorative Arts (Kate Noble), Tobacco Farm (Kate Noble), Havana Cathedral (Kerry Hughes), Organic Farm (Kate Noble), FAC (Teri and Lynn Hendrix), Flaming Lobster at FAC (Teri and Lynn Hendrix) and Bee Hummingbird (Teri and Lynn Hendrix).

KATE NOBLE is a legal editor with Colorado Bar Association CLE, the nonprofit educational arm of the Colorado and Denver Bar Associations. She had the great privilege of participating in the 4th annual trip to Cuba. knoble@cobar.org

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DELIVERIES FROM THE PAST | BY JENNIFER O’CONNELL

Harken back to the days when the milk man used to cycle to and fro, carting an icebox on his bike with glasses of cold milk jingling inside. True, some of us will instead have to harken back to the days when the more … distinguished … members of our family recalled these tales for us with fondness and nostalgia. But there is a very real possibility such a thing may resurrect from when the world was in black and white to become an Ultra HD/4K, real-life experience. Juggernaut Cargo Bikes is pitching their innovation of yesteryear to cities like Denver, suggestive of a step back

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into the past as a means of protecting our future. According to the EPA, for every person who drives 11,500 miles annually, 4.6 million tons of carbon dioxide are emitted. Jeff Mauck of Juggernaut, in a recent meeting with the Downtown Denver Partnership, professed that idling cars produce 20 percent more pollutants than cars traveling at 30 mph. So what does all this have to do with the milk man? Think delivery vehicles. Larger than your average bear, and a lot meaner to our Earth to boot. Juggernaut’s solution: cargo bikes. Like in

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days of ole, these earth-friendly, zero gas-emitting re-inventions can deliver up to 300 pounds of goods around town. They breeze through in the bike lane instead of jamming up traffic or — an old favorite — parking in the travel lane in the middle of downtown, using their flashers as a half-hearted apology. These aren’t your grandpa’s cargo bikes, though. These babies boast 24-inch front tires with suspension, have double frames and three wheels for stability, and may soon add eco-friendly electric assist, deployable front kickstands to protect


cargo, detachable dollies for delivery, and a tighter turn radius for the eventuality of hanging a sharp right. Essentially, they’ve taken the milk man and geared him up for NASCAR’s Sonoma Raceway with the added twist of package delivery. Best part: Although similar tech is already in use in six countries outside of the States, these 1930’s inspired technological dreams are built in our backyard — Boulder, Colorado. In fact, for the hometown heroes at Juggernaut, the target areas for their first big run at the cargo game are Aspen, Snowmass, Lowry, Stapleton, and of course, Downtown Denver. There is even a job-creation plan tightly wound into these gems. The idea is that UPS and FedEx buy in, drive a truck to a central location in a neighborhood, shut off the nasty engine that will kill us all, and out pops the cargo-delivery

persons, ready and raring to peddle. This will mean a few delivery personnel per truck instead of the usual one or two, thus creating jobs in the delivery sector. Just think of the possibilities if the Amazon Nows and the Door Dashes of the world hop on board. So you see, as we charge forward into the future, the age-old questions surrounding why your features favor less those of your father and more your friendly neighborhood milk man will thrive once again!

JENNIFER O’CONNELL is a managing partner of Queener Law in Denver, representing personal injury clients involved in automobile, motorcycle, bicycle, and truck accidents.”

Fastest smartest malpractice insurance. Period.

800.906.9654 GilsbarPRO.com

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DANGEROUS TIMES DOWN UNDER - CHAPTER TWO | BY THE DOCKET COMMITTEE

The group returned to Townsville.

Oscar left the others for his room at the Niramaya Villas & Spa, also in Townsville. Logan looked to the others and rolled his eyes. “Of course, Oscar is staying in a place that costs almost $700 a night.” Mazey pointed out that this provided the perfect opportunity for them to plan for capitalizing on Oscar’s wealth, so they headed to the closest pub to scheme. Somewhere during the third pitcher of beer it dawned on Wylie. “Wait, we can’t just outwardly kidnap Oscar.” “Why not?” asked Logan. “If we kidnap Oscar, we’re either going to jail or are going to be on the run for the rest of our lives. What use is Oscar’s money if we can’t enjoy it?” “Good point.” replied Mazey. “It wouldn’t be worth it at all.” “Hmm, what if we ‘caused his disappearance,’ but then orchestrated the search efforts? That way we would be in

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charge of all the money and can make sure none of it is spent, while also bringing about Oscar’s return.” Logan and Mazey nodded approvingly at Wylie’s plan. It was foolproof. “I’ve heard some stories,” Wylie continued, “about Wujal Wujal Falls. It’s a remote area north of Cape Tribulation. Granted, I heard these from some drunk locals, but apparently there is a history of tourists disappearing there. It is remote and wooded, so it would provide us the perfect cover.” A couple of days later, Logan, Mazey and Wylie met Oscar for some beers and convinced him to join them on their next adventure. The group floated the idea of heading north of Cape Tribulation to Wujal Wujal Falls. Oscar had also heard the rumors about people disappearing there, but didn’t really believe them. He hesitated a moment,

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thinking, “What good is my money if I’m dead?” Ultimately the thrill outweighed any risk and he agreed to join the trip. It was a long trek. At the end of the first day the group made it to Cape Tribulation, where there were a few other campers nearby. Sitting around the fire that night, Oscar broached the subject to see what the others knew of the disappearances. “Did anyone look into those rumors before we left Townsville?” Wylie suddenly felt his stomach drop for several reasons. Had Oscar told anyone where he was going? Would the stories provide them enough cover to pull this thing off? But also, was there any truth to these rumors? Were any of them safe making this trip? “C’mon Oscar, you’re just paranoid!” Logan quickly chimed in as these questions ran through Wylie’s head. As the night’s darkness seemed to


close in, Wylie had to see how the rest of the group was feeling, not just about arranging Oscar’s disappearance, but going to the falls in general. “But don’t you think it is a little weird? People have disappeared with no signs of foul play. No extra foot tracks, no mess, nothing out of the ordinary, except for people vanishing . . . into thin air.” Logan looked bug-eyed at Wylie, trying to gauge if he was ruining their plan, before slowly saying, “Surely, if there was a danger to the public, the area would be closed off. These are just rumors. None of us heard anything official or found anything online about this, right?” The group nodded and Mazey replied, “Logan’s right. Those are just rumors, and I don’t believe in fairy tales.” The group continued to talk about how strange the story was, but ultimately moved on to other things. Before heading to bed for the night, the group finalized their plans for reaching Wujal Wujal Falls the following day. Wylie had trouble sleeping that night. He couldn’t stop thinking about the disappearances and wondered why the others weren’t more concerned. Surely, like Logan said, if there was an actual concern, the campgrounds in the area would be closed? Amid birds chirping, some crunching of feet in the distance, and a gaggle of giggling children, everyone woke early the next morning. They started a fire and made coffee and breakfast. They talked about where they could possibly go next and their favorite movies. Wylie mentioned he had recently seen “Us” by Jordan Peele. Logan and Mazey immediately gave him a hard time about getting scared the night before. “This is all in your head. You’re just freaked out because of ‘Us,’” said Mazey. “This makes more sense. I don’t know why we believed you. I hadn’t heard anything about this before you mentioned it,” said Logan, putting on a show to go with their plan regarding Oscar, who watched this all skeptically, clearly also

After about 15 minutes, the group realized Oscar hadn’t returned. The others grew uneasy, and finally Logan voiced their primary concern. “If Oscar disappears without us orchestrating it, how will we get our money?” a little anxious. “Whatever, lets clean up, put out our fire, and head out for the hike,” Wylie retorted, annoyed with his friends’ teasing. It was a beautiful day. Sunny, but cool, and not a cloud in the sky. “I think I see an opening a little bit ahead of us!” exclaimed Oscar after a few hours of hiking. They rushed forward. They had all worked up a sweat and were excited to get to the falls. “FINALLY!” exclaimed Wylie, brushing past Oscar as he scampered up the trail toward the “Wujal Wujal Falls” sign in the distance. As they rushed forward, Oscar veered off and called that he was heading to the bathroom and would meet them at the water afterward. After about 15 minutes, the group re-

alized Oscar hadn’t returned. The others grew uneasy, and finally Logan voiced their primary concern. “If Oscar disappears without us orchestrating it, how will we get our money?” After a brief debate about what to do they decided to all go up the way Oscar had gone and look for him. There was no sign of Oscar. Calls for him went unanswered. Then Mazey shouted, “Guys! Over here! Oscar’s hat!” pointing to the ground outside the bathroom door. The group gathered around, as their concern suddenly grew beyond just their disappearing lottery ticket. They openly wondered what to do and what had become of Oscar. Slowly Logan opened the bathroom door . . . and they all disappeared.

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THE IMPORTANCE OF SELF-INVESTMENT FOR SOLO OR SMALL FIRM PRACTITIONERS

COLAP WELLNESS CORNER | BY ANDREA HALL

s a solo practitioner, I found it very easy to put the needs of my clients and others in my life first. I felt like my needs could always wait. Until, one day, my needs couldn’t wait any longer. Constant stress and a lack of boundaries took a toll on my health. I know other attorneys who share the experience of becoming a workaholic as a solo/small firm practitioner and recycle their resources (time, energy, money) back into the practice. Even if the practice isn’t a nonprofit, we operate as if it were, with the notion that earnings and funds raised are not able to benefit a sole member. But this is not just about financial benefits; it’s about our quality of life, well-being, physical health and passion for what we do. When our lives become exclusively about our work and

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the needs of our clients, the workaholism takes a serious toll on all of these, and we lose the boundaries needed to lead healthy lives. Most of us would have benefited from a crash-course in setting boundaries before launching into the practice of law. Like any helping profession, focusing on other people’s problems creates a situation ripe for boundary violation. Boundaries are clear limits about what’s good for us, and what isn’t. The concept of boundaries can be difficult to grasp if our own personal needs have been enmeshed with other’s needs for a long time; that is, our needs become superseded by the needs of clients, family, or friends. And because the more people you see or attend to in a day, the more you need to exercise boundaries, lawyers regularly face boundary tests, such as:

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• Should you take a case despite not knowing much about that practice area, or if your gut instinct tells you not to? • Is the client’s issue legally relevant, or is your client creating a crisis that would be better dealt with in therapy? • Should you be sharing your own personal story with a client? Are you oversharing with opposing counsel? • Are you treating your staff either too harshly or too leniently? • Are you regularly taking work home with you? The answers to these questions depend on many factors, but how you answer them can indicate whether you are overwhelmed by the demands of other people.


Without boundaries, you are likely to be overburdened, stressed and resentful. It’s up to you to set and maintain your healthy boundaries because you are the only one responsible for your happiness and wellbeing. No one else can do this for you. If you find it hard to say no and it’s impacting your wellbeing, stop and recalibrate. Here are key elements for creating healthy boundaries: 1. Know yourself. Knowing your emotional, mental and physical needs and limits is the key to creating and maintaining good boundaries. Learn to distinguish the differences between what is good for you and what makes you feel uncomfortable. 2. Increase your emotional IQ. Key emotions that signal your boundaries are being crossed include resentment, discomfort, frustration, anger and fear. If you feel you’re being taken advantage of, not appreciated or even exploited, that’s a sign you’re being pushed beyond your boundaries, and it’s time to reassert those boundaries. 3. Give yourself permission to enforce your boundaries. It’s okay to say NO. You might have heard the saying, “no is a complete sentence.” Having clear boundaries and sticking to them is not selfish. In putting yourself first, you’re ensuring that you will have the energy to do the things you want to do and be there for people when it is right for you. 4. Be clear about what’s up for negotiation. Know what you need to stay happy and healthy, whether it’s your daily walk, getting away from your computer for lunch, or yoga practice. Make sure that these are non-negotiable parts of your daily schedule. 5. Be direct. When you’re clear about your boundaries, you don’t need an excuse, a back story, or a note from your mother. Be direct and leave it

at that. You can be polite and kind about it while still saying no and keeping your boundaries strong. Are You Productive . . . Or Just Busy? Have you ever observed someone (or yourself ) who seems to be busy all the time, yet doesn’t really get anything done? How do you know if you’re productive or just busy? People who multi-task often seem very busy, but research shows that we’re more productive when we focus on doing one thing at a time. In addition, we become overwhelmed and less productive when we give ourselves an unrealistic number of tasks to complete. Be realistic about what you can accomplish in a given amount of time. Overloading your to-do list can cause you to become paralyzed and get less done. Adopt the motto Do, Dump or Delegate! Do. Do the things that are the most important for you to accomplish. No one does you better than you. Delegate. Sometimes you may take on tasks that would really be better delegated to someone else. If you work alone at your own business, this may be more difficult. You might be able to delegate personal tasks while keeping the focus on business tasks. Dump. Do you let some things go? It may sound counterproductive to erase some tasks from your to-do list. Yet you may find that some tasks really won’t promote your vision forward and demand extra time. It’s okay to scratch something off the list and go a different way. Make three columns on a paper: Do, Dump and Delegate. Write the things that need to happen in each column to support you in being more productive TODAY! Lastly, what things do you truly enjoy? True passion is vitally important to our happiness. You should never compromise your own passion and true happiness because of others. So create a list of at least 10 things that help you take your mind off of work and your client’s problems. When is the last time you spent time with your friends, engaged in your hobbies, took a vacation or turned off

your phone for a day? After my own lack of boundaries lead to a health crisis, I had no choice but to examine what changes I needed to make in my life to sustain working with others. For me, that meant helping others find the type of healing from the overwhelming stress of the practice of law that I had experienced with equine therapy. Research shows (and I have certainly experienced) that working with horses reduces stress, lowers blood pressure and improves overall health. Being with most animals has a therapeutic quality but working with horses is particularly helpful because horses have a strong radar for the emotional states of those around them as a survival tool. If you are angry, resentful or fearful, a horse will know it and react immediately in real time. This improves our own awareness of what boundaries we need to work on. As a certified equine gestalt coach, my horses and I have worked with many clients to establish boundaries and goals, and determine what makes their hearts sing. Whether you could use professional interventions such as counseling, therapy or coaching to help with your boundary issues, or just need to take time to identify what changes are needed to increase your well-being, start investing in yourself. Like the instructions on the airplane for putting on your own oxygen mask, before assisting others, self-investment and self-care are necessary in the work we do. ANDREA HALL was a criminal defense attorney for over 13 years specializing in sex offenses and domestic violence. After discovering a brain tumor, Andrea left law practice. She and her husband live in Eaton, Colorado where she runs Withers Whisper, LLC. Contact Andrea at andrea@witherswhisper.com. CHIP GLAZE, Deputy Director of the Colorado Lawyer Assistance Program, is the coordinating editor of this series of Wellness articles. If readers have suggestions for topics of future Wellness articles in the Docket, or feedback to the articles, contact Glaze at cglaze@ coloradolap.org.

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BARRISTERS AS BACKPACKERS | BY ELIZABETH THARAKAN

Stonehenge

Tower of London

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L

awyers are highly educated researchers who sell their services. They want to show clients that they’re working efficiently. That means using every second to the max. Not wasting time means engaging in a constant flurry of activity. Tourists want to see as much of a new place as possible. They settle into hostels or Airbnbs and crowdsource the local and global communities for sightseeing recommendations. During my trip to England, I decided to use my experience as a lawyer to be the best possible tourist — or, at least, the most efficient one. Though I was in a rush, England certainly wasn’t. It is packed with history, which I discovered after making the two-train and two-bus journey to Stonehenge. It was worth the journey to see one of the seven wonders of the world, a circle of stones set up in 2500 B.C. I also visited Oxford Castle, its Mound,

its Christchurch College set against the backdrop of the River Thames, and the souvenir shop. I was meeting a friend who had just had a baby, so I bought an infant hoodie with the slogan “Born to go to Oxford” to support her Tiger Mother mentality, as well as a goblet and a Union Jack umbrella as mementos for my family. As a self-professed “book nerd,” I couldn’t resist popping into Stratford-upon-Avon, the town housing William Shakespeare’s birthplace and grave. The gift shops had a wealth of Shakespeare memorabilia with quotes such as “To be or not to be, that is the question” and “All the world’s a stage.” The latter line came from “As You Like It.” I know this fact from extensive personal research — that is, I went to see the play, which the Royal Shakespeare Company put on that night in the Swan Theatre. I traveled on to the Tower of London, which housed torture chambers and holds the Crown Jewels. The Tower has a jewelry gift shop where I purchased a crown in the style of Queen Elizabeth II on a gold chain. I visited the ancient Inns of Court. At Gray’s Inn, lawyers host

their own group meetings that provide origin stories for the legal profession in the United Kingdom. The Denver equivalent of an attorney meeting spot is far more modern: it is the Colorado Bar Association’s office at 1290 Broadway. All of this wandering made me hungry. It’s a good thing England is famous for its Indian food. I ordered a South Indian masala dosa and mango lassi to keep myself energized for all the trekking. There was also a fair share of pub food at places like The Turf and The Eagle and Child, where I ordered a classic British drink, Pimm’s, a gin and fruit concoction that made even the most experienced drifter tipsy. Even without the Pimm’s, I was essentially a tipsy traveler — or, at least, a giddy one. I was on a flight of fancy, where the world was my oyster and I wanted to explore every corner, as a barrister– backpacker!

ELIZABETH THARAKAN is an attorney, journalist and adjunct professor of media law. She is also a sunset mountain jogger, amateur chef and true friend.

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DOCKET NEWS | PICTURE THIS

Local Events Friday, May 17th Colorado Criminal Defense Bar celebrated its 40th Anniversary & Annual Olom Awards Spring Dinner at the History Colorado Center in Denver. 1 Chief Municipal Public Defender, Alice Norman, received the coveted “Olom Award” for her dedication to the accused throughout her career. 2 In attendance were several CCDB officers, board members, past presidents and 2 of the 7 original founders, Hon. Gary Jackson and Michael DiManna, plus numerous CCDB valued members.

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2 The DBA YLD held its monthly Barristers After Hours on May 14 at Zuni Street Brewing. This was a joint event with the Colorado Financial Planning Association NexGen group and the National Association of Insurance and Financial Advisors, allowing professionals in these interrelated industries to meet and mingle. 3 DYLDer’s enjoying the great indoor/outdoor spaces at Zuni Street brewing. 3

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Denver Bar Association – YLD Run the Colfax Marathon On May 19th the DBA-YLD took part in Denver’s largest running weekend. The DBA-YLD team participated in the marathon relay on a co-ed team. 1 Matthew Broderick, Paula Deegan, Matthew Deegan at the finish line.

1 Senior Spring Banquet On May 22nd the Denver Bar Association held its annual Seniors Spring Banquet in which they honored members who have been in the practice of law for 50 years. 2 Docket Chair Leonard Plank addressing the party 3 Senior Spring Banquet Group 33 members were honored for their service in Denver’s legal community. 2 List of Honorees: Frederick Berhenke, Russ Bond, George Davies, Peter Eggleston, A. Thomas Elliott, Tennyson Grebenar, Henry Ipsen, Terrance Kelly, Phyllis Knight, Mark Leonard, James Mallon, Gerald McDermott, William McDonald, Jennings Newcom, William O’Quinn, Samuel Owen, Barry Permut, James Prochnow, John Ramsey, Robert Roper, Arthur Roy, James Sanderson, Elwyn Schaefer, Lawrence Schoenwald, Richard Slivka, Marshall Snider, Dudley Spiller, Michael Straud, George Straw, Charles Weaver, Malcolm Wheeler, J. Wiggins and Samuel Wing. 3

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BARRISTERS BENEFIT BALL | APRIL 12, 2019


BAR REVIEW AT THE WOODS | BY BRENDAN BAKER

The Docket Committee had their first official 2019 Happy Hour and Bar Review at the Woods bar in RiNo. The space offered amazing views of RiNo, the city, and the mountains, especially as the sun was setting. We enjoyed delicious cocktails and appetizers; the charcuterie and cheese board was a particular hit. The extensive beer menu includes craft beers from New Belgium, some brewed on-site, as well as a selection of other local choices. This is a great venue for meeting with friends or impressing someone new to the city. Docket Happy Hours and Bar Review are held every other month at venues around Denver, usually on third Wednesdays, and are always complementary. Keep your eye out for upcoming events!

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LEGAL AFFAIRS office as an associate attorney in the ligation practice group.

Good Things Ashley Staab joined the CBA/DBA as a program coordinator for Public Legal Education. She focuses on the Colorado Lawyers for Colorado Veterans program, clinics and administrative work. Two University of Denver Sturm College of Law teams won first and second place at the national ABA Law Student Tax Challenge- LLM division in New Orleans earlier this month. The team of Christine Kuglin and Kasia Parecki earned top honors, and the team of Gretchen Bundy-Ladowicz and Dave Wilson, both online students, took second place honors in the competition.

Commercial litigation attorney Lidiana Rios has joined Ireland Stapleton as an associate. Justin T. Winquist was recently named partner with BakerHostetler. Fortis Law Partners has added litigation partner David Olsky in Denver. Moye White LLP is proud to announce that Litigation Chair and Partner Paul R. Franke, III has been named first vice president of Ally Law. Moye White LLP is pleased to announce that William F. Jones has joined the Litigation Counsel of America, an invitation-only trial lawyer honorary society.

Coan, Payton & Payne, LLC is proud of the addition of our newest team member Lia Szasz in our Greeley office. Darryl Landahl has rejoined Brownstein Hyatt Farber Schreck as a shareholder in the Denver office. Jill Zender has joined Faeger Baker Daniels’ Denver office as counsel in the firm’s labor and employment group. Cordell & Cordell hired litigation attorney Eric Limegrover in the firm’s Greenwood Village office. Amy Hansen, Polsinelli shareholder and national real estate practice chair, has been selected to join the board of directors for The Fax. Holland & Knight announces that Shay Talbitz has joined the firm’s Denver

Attorneys James P. (J.P.) Stouffer, Richard M. Hess, Jr., AEP®, John Seebohm and David A. Turner joined Coan Payton & Payne on February 28, 2019. The new team members expand CP2’s estate planning, estate administration, business succession and real estate practices. Hernandez & Associates, P.C., is pleased to announce its 2019 Inclusiveness@ Work Award given by the Center of Legal Inclusiveness. Fox Rothschild announces that Patrick

If you are a DBA member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award, or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations and political announcements, due to their sheer number, cannot be included. In addition, the Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available. Send all notices to Clair Smith at csmith@ cobar.org. Announcements will be placed on a first-come, first-served basis.

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Casey will take over as office managing partner and Marsha Piccone will join as co-chair of the firm-wide appellate law practice group. Sean Reed of Employers Council has been promoted to director of Employment Law Services. Holsinger Law, LLC is pleased to announce that Alyson Meyer Gould has been named a member of the firm. Nicholas Anderson has joined Lathrop Gage in Denver as of counsel. Lathrop Gage added Jonathan Groves as an associate to the firm’s energy group in its Denver office. Holland & Hart announces the return of Partner Rebecca Klock Schroer to the firm’s Denver office. Recht Kornfeld announces that Dieter Raemdonck joined the firm as an associate. Akerman announces that Brian Nugent joined the firm’s labor and employment practice group as a partner in the Denver office. Aaron Tucker, Justin Nyberg and Shawn Eady joined Holland & Hart as associates.

Changes Jeffery Reeser joined Polsinelli in Denver as a shareholder. As part of the law firm’s continued strategic growth in litigation, Moye White is pleased to announce Joseph W. Mark has joined the firm. Joey represents clients in civil trials and mediation proceedings.


Allen Vellone Wolf Helfrich & Factor P.C. is pleased to announce that Brenton L. Gragg has joined the firm as an Associate. Michael Best announces that Victoria Lovato has joined the firm’s ligation practice group as senior counsel in Denver. Amber Gonzales joined the Denver office of Armstrong Teasdale as an associate. Coan Payton & Payne announces that Donovan Gibbons has joined the firm’s business litigation group. Brownstein Hyatt Farber Schreck associate Greg Janssen has joined the National Kidney Foundation’s board of advisors in Colorado.

Lathrop Gage’s Denver office continues to expand its practice forte with the recent addition of tax and employee benefits attorney Nicholas J. Anderson, Of Counsel. Holland & Hart is pleased to announce the addition of Denver associates James Dunn, Benjamin Gibbons, and Kate Percy to the firm’s expanding tax and benefits practice. Johnnie Nguyen (’21) was elected chair of the Law Student Division Council of the American Bar Association. He will begin his term in the 2019-20 school year. This is the first time a Colorado law student has been chosen for to lead the Council.

Fisher Phillips is pleased to announce that Kristin White, Christopher Peterson and Benjamin Ross joined the Denver firm. Merchant & Gould P.C. announces that Gregory D. Leibold has been appointed as the Denver office’s managing partner.

CLE programs for the ABA, the CBA, CLE in Colorado, the State Bar of Texas, the University of Texas School of Law, the Practicing Law Institute, the National Business Institute, and other CLE providers.

Coan, Payton & Payne, LLC is pleased to announce that Robert Lantz has been elected President of the Denver Council on Foreign Relations (DCFR).

In Memoriam Donald Leon “Don Lozow”

Allen Sparkman

November 16, 1945 – April 25, 2019

Allen Sparkman, a respected Colorado and Texas attorney, passed away on April 25, 2019, shortly after announcing his retirement from law. Allen was an officer in the U.S. Army from January 1969 through April 1971. He earned his A.B. from Princeton University in 1968 and his J.D. from the University of Texas School of Law in 1973. While in law school, he was a vice chancellor, teaching quizmaster, and associate editor of the Texas Law Review. In 2015, he received a Certificate in Theology and Ministry from Princeton Theological Seminary. Allen began practicing law in 1973, in Dallas, Texas, and moved to Boulder in 1984. His practice areas included selecting and establishing business entities, business transactions, securities, tax, and lawyers’ professional responsibility. Allen was also a prolific speaker and author on alternative entities in Colorado, Texas, and nationally. He presented more than 100 papers at

April 9, 1932–April 12, 2019 Don Lozow journeyed to his next destination on April 12, 2019. Don was born in Providence, Rhode Island on April 9, 1932 to Myer and Rose Lozow. He and his family then moved to Gary, Indiana. Don attended Indiana University, where he was a walk-on player for their basketball team, rode in the first Little 500 Bicycle Race, and was elected the treasurer of his senior class, all while working his way through school. Don met Janey Atler at IU and they married on August 28, 1954. They were elated when their first child, Tarri, was born in 1955. Don joined the U.S. Air Force and became a pilot. After completing his tour of duty, they returned to Indiana, where Don entered law school. The family then moved to Janey’s hometown, Denver, Colorado. Don became a licensed attorney in Colorado in 1959. He practiced law for 60 years, primarily in the criminal defense area. Those who knew him or worked against him knew that he was a fearless adversary in the courtroom. Many aspiring law students watched and learned from attending his trials. One of Don’s greatest joys was practicing law with his son, Brad, and daughter, Suzie.

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FIVE REASONS FOR YOU TO TAKE A PRO BONO CASE | BY ANDY GOERTZEL AND TANYA L. AKINS

1. Serve the Public Good: In Latin, pro bono publico means “for the public good.” The present need for legal services for those of limited means both in Colorado and nationwide is astounding. Over 12 percent of Colorado’s population is financially eligible for free legal services from Colorado Legal Services or Metro Volunteer Lawyers, meaning they earn less than 125 percent of poverty level income. Even more do not qualify for free legal services but cannot afford to hire an attorney. And according to the American Bar Association, at least 40 percent of low to intermediate income households experience a legal problem each year. Metro Volunteer Lawyers (MVL) currently has 115 cases that have yet to be placed with an attorney. This means that 115 clients are unable to access the legal system. They wait with their legal rights in limbo in the hope that an attorney will agree to take the case on a pro bono basis. This situation is untenable. Clients who desperately need legal assistance deserve private counsel. As attorneys, we should embrace the opportunity to respond to this need.

year.” The comments to this Rule further remind us of the oath of admission to the Bar, which requires a lawyer to never “reject, from any consideration personal to myself, the cause of the defenseless or oppressed.” Clients need us, and we, as attorneys, should step up to meet this goal of providing them services.

2. Champion Professional Aspirations: Under Colorado Rule of Professional Conduct 6.1., “every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least fifty hours of pro bono publico legal services per

4. Achieve Self-Fulfillment: It is richly rewarding to personally participate in bridging the gap to equal justice by providing quality legal services to those in need and contributing to our community and society as a whole.

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3. Earn Continuing Legal Education Credits: You can receive CLE credits for pro bono work. Under C.R.C.P. 260.8, Colorado attorneys who provide uncompensated pro bono legal representation may apply for one general CLE credit for every five billable-equivalent hours of representation, up to a maximum of nine credits in each three-year compliance period. Colorado attorneys must earn 45 general CLE credits, including seven ethics credits, during each compliance period pursuant to C.R.C.P. 250.2. This means that every three years, you can receive nine credits of your 45 required credits through pro bono work. Earning CLE credits by providing pro bono services is much more rewarding than sitting in a classroom!

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5. Broaden Your Expertise: Providing pro bono representation permits attorneys to expand their horizons by handling cases outside their area of expertise. If this causes some trepidation, don’t worry! MVL has a formal mentoring program that pairs mentees with experienced attorneys. MVL also has an informal panel of experts who provide practical advice on an as-needed basis either by phone or in person. These resources are available to all attorneys who provide services through MVL. For all these reasons, reach out to MVL today at denbar.org/mvl. TANYA AKINS is a founding shareholder and the Chief Financial Officer of Sherr Puttmann Akins Lamb PC. She brings a unique perspective to her work through her eight years of experience as a Licensed Clinical Social Worker conducting custody evaluations and providing courtroom testimony of her custody findings and recommendations. Tanya currently serves on the Board of Metro Volunteer Lawyers. ANDREW GOERTZEL of Palmer, Goertzel & Associates, P.C. practices family law, child custody, divorce, traffic violations, driving while intoxicated and personal injury. Andrew is the recipient of the Arapahoe County Bar Associations Outstanding Young Lawyer Award from 2003 and currently serves on the Board of Metro Volunteer Lawyers.


METRO VOLUNTEER LAWYERS MAKE A DIFFERENCE MVL’s mission is “to bridge the gap in access to justice by coordinating the provision of pro bono legal services by volunteer lawyers within the Denver area to people who could not otherwise afford legal services for their civil legal issues.”

Pro bono attorneys can make a difference.

denbar.org/mvl I 303-830-8210 Volunteer today. A P R I L / M A Y 2 01 9

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DOCKET DIGEST | ALL THE FAKE NEWS THAT’S FIT TO PRINT

Denver News CANNABIS LAW SECTION TO HOST BONG-A-THON

The Cannabis Law section of the Colorado Bar Association will be holding its first annual Bong-a-Thon this upcoming Fourth of July weekend. The purpose of the event is to bring awareness to the legalization of cannabis. “You’d be surprised how many people don’t know marijuana is now legal,” stated Ashley Roach, a member of the Cannabis Law Section and Bong-a-Thon section chair. “We feel that it’s important to let not only our fellow Coloradans, but other Americans, as well as the world know that you can just come to Colorado, walk into a store and buy weed. It really astonishes me in this day and age, with the Internet and all, that so many are amazed to learn Cannabis is legal in Colorado,” she continued. “We plan to have our members, and some volunteers, if we can find them, take turns from a red, white, and blue bong for seventeen hours and seventy-six minutes in the pursuit of happiness. We’re trying to keep it thematic with the Fourth of July and all.” If you’d like to volunteer, please contact Ashley Roach at the CBA’s Cannabis Law Section.

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U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO WILL REMAIN OPEN DURING ZOMBIE APOCALYPSE The U.S. District Court for the District of Colorado remained open during March 13th’s “bombogenesis”:, or Bomb Cyclone, even though it was the strongest blizzard in Colorado’s history. An anonymous source from the District Court Clerk, Alfred A. Arraj’s office stated, “At the US District Court for the District of Colorado, we don’t let the weather get in the way of official court business. If you don’t like it outside, wait around a spell, but you better make sure you show up on your court date. Heck, we’re so busy, we wouldn’t even shut down for a zombie apocalypse,” our source continued, “And don’t think judges just use their gavels for bringing the court to order. I’ve seen the judges hang pictures, crack open walnuts, even tenderize steak with ‘em. So I think they would know how to use one on a zombie.”

the Sunday before. I won’t be here, but I’m sure they’ll do fine without me.” As of this writing, associates and supporting staff were deciding where to place the beer pong table, where to get catering, and if the parking lot is more suited for volleyball or kick ball.

COLORADO CRAFT BREWERS ASSOCIATION FILES INTERVENER COMPLAINT AGAINST MILLERCOORS AND ANHEUSER-BUSCH

Colorado News LAW FIRM PARTNER, WITH THE BIGGEST OF HEARTS, ALLOWS STAFF TO TAKE MEMORIAL DAY OFF Eugene “Gino” Shiavista, the main shareholder and managing-partner of the Law Offices of Gino Shiavista, LLP has magnanimously and with the greatest benevolence given the entire office the day off on Memorial Day. Mr. Shiavista, whom his staff call the King of Hearts, went on to explain his office policies. “We’re here on Monday through Friday. If a holiday falls on a weekday, Christmas excepted, you’re expected to be here. Heck, I’m here, why shouldn’t everyone else be,” Mr. Shiavista continued. “If it wasn’t for my wife going in for a procedure that weekend, I’d be in the office. But since that’s not the case, I decided to give them the Monday off, as long as they come in

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The Colorado Craft Brewers Association (CCBA) has filed a third party suit claiming that the product MillerCoors and Anheuser-Busch are selling just isn’t beer. The law firm of Wasserman, Gerste, Hefe, and Hopfen, LLC, representing CCBA, has filed several amicus curie briefs along with their complaint. Friend of the court Sam Wisniewski, a teamster with Local 457, spoke to us and summed up his brief by stating, “I’ve been drinking beer for decades, and what those companies sell tastes more like Rocky Mountain goat pee than anything.” On a more technical note, zymologist, Jerry Sladek, Ph. D., conveyed to us, “The use of adjuncts in the fermentation process should disqualify the companies from claiming that what they sell is beer. To protect the consumer, the United States should set standards and requirements that must be upheld for processing and


fermentation. These new laws could be modeled upon standards that are currently in place and that have been in place for many centuries in several European countries.” He continued, “And yes, it does taste like piss.”

National News SUPREME COURT JUSTICE ASKS SECOND QUESTION THIS TERM Always muted and reticent Supreme Court Justice Clarence Thomas asked his second question during this term, making it the third question Thomas has asked this decade. His first question this term was asked during oral arguments in Mississippi v. Flowers, when he inquired about the racial make-up and counsel’s ability to challenge a jurist. His second question was asked during Cyberdyne Systems v. Vandelay Industries. This happened when he leaned over to Chief Justice Roberts with an open mic, and asked, “Is this my water?” Counsel for the defendant, flabbergasted at the interrogatory from the notoriously silent Justice, cited Pierson v. Post and stated that merely pursuing the glass of water does not convey ownership in it. Justice Thomas thanked counsel, glared, took the glass, then brooded silently for the rest of the afternoon.

ABA LEGAL EDUCATION SECTION RELEASES EMPLOYMENT DATA FOR GRADUATING LAW CLASS EMPLOYMENT DATA FOR THE GRADUATING LAW CLASS

won a game in the next series against St. Louis, when all four officials missed an obviously illegal hand pass that led to the winning goal in overtime, we said

of 2018 as reported by American Bar Association-approved law schools to the ABA Section of Legal Education and Admissions to the Bar is now publicly available. The results show unless you graduated in the top of your class at a top tier law school, or you got a job at your uncle’s firm, you’re screwed. For the class of 2018, the aggregated school data shows that 72.3 percent of the 2018 graduates of the 200 law schools enrolling students and approved by the ABA to offer the J.D. degree were employed full-time in the restaurant industry. That compares to 70.9 percent of the graduates reporting similar full-time jobs last year. The rest are driving for Lyft or Uber.

BAD CALLS LEAD TO HOCKEY LAWSUIT The Colorado Avalanche have filed suit in a provincial court in Toronto against the San Jose Sharks and the National Hockey League for the poor officiating that led to the Avs being ousted from the Stanley Cup playoffs in May. According to Avs spokesman Reg LaFleur, “It was bad enough that we had a goal disallowed on a questionable offside call in the pivotal Game 7 against the Sharks, that cost us the game. We figured that sometimes them’s the breaks. But when the Sharks

’that’s enough’. It is unconscionable that the Sharks continue to win games based on poor officiating, and for the good of the sport it was time to hold the NHL accountable. So we filed suit to enjoin the Sharks from any further advancement in the playoffs. Thank goodness the statute of limitations on such equitable actions has not yet expired.”

BAR RESOURCES THE DBA PEER PROFESSIONALISM ASSISTANCE COMMITTEE Are you troubled by rude and unprofessional attorneys? Call Peer Professional Assistance for FREE one-on-one intervention. PPA has been sponsored by the Denver Bar Association since 1994. Call 303-860-1115, ext. 1, for more information. All inquiries are confidential. SOLACE SOLACE (Support of Lawyers/Legal Personnel — All Concern Encouraged) is a program of the Colorado Bar Association designed to assist those in the Colorado

legal community who have experienced some significant, potentially life-changing event in their lives. The sole purpose of the SOLACE program is to allow the legal community to reach out in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience deaths or other catastrophic illnesses, sickness or injury.For more information on SOLACE visit cobar.org/ solace. DBA PLACEMENT SERVICE As a membership service of the Denver

Bar Association, the Placement Service provides law firms and legal departments of corporations with well-qualified applicants. Its 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 303-894-0014 or email dbaps@earthlink.net.

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