Feb March 2018

Official Magazine of the Denver Bar Association

Vol. 40.2 I February/March 2018

2 I The Docket I February/March 2018

DOCKET 7

19

7

24

28

A Message from DBA President Franz Hardy

19

Colorado Pledge to Diversity Summer Clerkship

24

Civics Education

28

The LAF Associates’ Campaign

February/March 2018 I The Docket I 3

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

INSIDE 5

LETTER FROM THE EDITOR

9

ON THE TOWN CHAPTER FOUR: AN INTERVIEW WITH STEPHANIE DONNER

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BUYING MALPRACTICE COVERAGE? — SIX THINGS EVERY LAWYER SHOULD DO

12

LEGAL BUSINESS DEVELOPMENT — BY OPTIMISM AND SERENDIPITY?

14

10 QUESTIONS WITH EDGAR BARRAZA

15

HOME COOKING — SO GOOD, AND SO GOOD FOR YOU

18

ROVIRA SCHOLARSHIP

21

LAW STUDENT CHRONICLES — ON BEING YOUNG AND OLDER

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

Editor: Brendan Baker, bbaker@cobar.org Managing Editor: Alexa Drago, adrago@cobar.org Graphic Designer: Clair Smith, csmith@cobar.org Advertising: advertising@cobar.org Docket Committee: Ainsley E. Bochniak, Julie M. Borisov, Jerry R. Bowman, II, Scott H. Challinor, Craig C. Eley. David L. Erickson, Emma E. Garrison, James R. Garts, III, Peter E. Grandey, Ryan T. Jardine, Thomas L. Kanan, Jr, Judith A. Keene, April H. Killcreas, Lauren Lockard, Kyle J. Martelon, Esq, Alicia J. McCommons, Daniel R. McCune, Douglas I. McQuiston, William R. Meyer, Corinne C. Miller, Paul F. Miller, Jr , Barbara J. Mueller, Kaitlin F. Nares, Heather O'Donnell, Gregory D. Rawlings, Sara C. Sharp, Marshall A. Snider, Daniel A. Sweetser, Erica N. Vargas, Anthony J. Viorst, Rachel L. Young

RETAKING THE BAR EXAM — YOUR OPPORTUNITY TO CULTIVATE WELLNESS

2017–18 Co-chairs: Kaelyn Gustafson and Paul Miller

GETTING TO KNOW YOUR DBA YLD CHAIR - JIM

2017–18 DBA Officers: Franz Hardy, President; Maureen Watson, President-Elect; April Jones, First Vice President; Laura Liss, Second Vice President; Nancy Cohen, Immediate Past President; Daniel A. Sweetser, Treasurer; Jim Fogg, YLD Chair; and Patrick Flaherty, Executive Director

FOGG

IN EVERY ISSUE 32

LEGAL AFFAIRS

33

BAR RESOURCES

34

PICTURE THIS

2017–18 Board of Trustees: Josh Berry, Klaralee Charlton, Sarah M. Clark, Emma Garrison, Ruchi Kapoor, Matthew Larson, Margrit Lent Parker, J. Ryann Peyton and Shannon W. Stevenson Write for the Docket: DBA members are encouraged to send story ideas, photos, tips, and articles for the Docket Committee’s consideration. We are looking for content by Denver attorneys for Denver attorneys, focusing on trends, courts and practice management, in addition to opinion and satire pieces. Please send ideas to Editor Brendan Baker at bbaker@ cobar.org.

The editor has the right to accept and reject submissions at his discretion.

303-860-1115 • dbadocket.org

VISIT THE

DOCKET BLOG

DBADOCKET.ORG 4 I The Docket I February/March 2018

Copyright 2018. Docket (ISSN 1084-7820) is published six times a year by the Denver Bar Association, 1900 Grant St., Suite 900, Denver, CO 80203-4336. All rights reserved.

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

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

DEAR MEMBERS: First, let me introduce myself: my name is Brendan Baker, and I am the new editor of the Docket. I am beyond excited to be working with the wonderful staff of the Denver Bar Association, and with you, our members. As a lawyer who recently left active practice on the east coast to pursue full-time writing opportunities, my road here has been long and winding, with plenty of literal and figurative elevation changes. But as the articles in this issue make clear, that is often the only way for someone to get to where they are truly meant to be.

From starting a legal career while contending with undocumented immigrant status (page 14), to retaking the bar exam (page 22), to dealing with professional setbacks in general (page 7), several of our pieces consider how to survive and thrive evenwhen life does not go according to plan. As attorneys we are trained to help our clients navigate some of the most difficult and stressful situations imaginable, yet few of us are as welltrained in managing our own stresses and disappointments.

Fortunately, we have resources like local bar associations, full of colleagues ready to provide support and encouragement, sometimes when we don’t even realize we need it. With this support, we might find that cultivating extracurricular hobbies can give our lives richness and meaning in addition to our professional commitments (page 15). Perhaps we find contentment and respite by sharing our resources with others (page 28); by using our legal educations to help fellow citizens understand and protect their own rights (page 24); or by supporting up-and-coming members of the profession (page 18; page 19). The options are

endless, even when we can't see them.

The journeys of so many attorneys reveal that there is always the potential for something better over the horizon; you just need to keep putting one foot forward, while also acknowledging and appreciating the people around you in the moment.

Whatever your individual circumstances, it is beneficial to remember that you are part of a community, and that we can rise to any challenge together. And don't forget to acknowledge and appreciate yourself from time to time as well — wherever you are headed, if you’re reading this, you’ve come a long way already!

I hope you enjoy the February/March issue of the Docket, and we look forward to presenting you with many more exciting features in the year to come.

Sincerely, Brendan Baker bbaker@cobar.org

DECIPHER FORENSICS IS NOW EIDE BAILLY Decipher Forensics, a leading digital forensics and eDiscovery firm specializing in mobile device forensics, is now part of Eide Bailly. We are excited to add their talent and commitment to client service to our already strong computer forensic investigative skills and cost-effective data processing protocol. Work with professionals who can truly revolutionize your eDiscovery Management process.

303.586.8504 | eidebailly.com/digitalforensics February/March 2018 I The Docket I 5

2018 Barristers Benefit Ball

Saturday, April 21 EXDO Event Center Metro Volunteer Lawyer Sponsors Platinum $8,000 Diamond $6,000 Gold $4,500 Sponsor $3,500 Supporter $1,750 Individual Tickets Attorney $175 Judicial, Young Lawyer and Non-Lawyer $100 For more information, visit denbar.org

RSVP to Amy Sreenen at asreenen@cobar.org or 303-824-5371

6 I The Docket I February/March 2018

Suppor t

METRO VOLUNTEER LAWYERS

A MESSAGE FROM DBA PRESIDENT FRANZ HARDY

WHAT EVERY LAWYER SHOULD KNOW ABOUT SETBACKS. on them prevents us from growing and moving forward. Also, while we should adapt to avoid having the same setbacks occur again, at some point, over consideration is counterproductive.

Know that each chapter of a book builds on all chapters before it and that there are many more chapters to go. Obstacles and setbacks, like in any good novel, are a part of a larger book that you must keep reading to see how it all fits together.

Acknowledge what you can and cannot control. Oftentimes, despite your best efforts or time and dedication, things just do not go your way. While you may consider it unfair, that’s life. The ability to show equanimity during such instances is an important trait. There are a lot of factors that are out of our control and we need to accept that rather than overly blaming conditions or others. Take responsibility for what you can control, and acknowledge what you cannot. As long as you tried to place yourself in the best position to succeed, you have to let the chips fall where they may.

n the last edition of The Docket, I discussed what lawyers should know about mapping their success. This article addresses the other side of the same coin. What do you do when you face inevitable setbacks? As lawyers, we will face obstacles and challenges. They are inherent in our profession. These could be in the context of your job, a new opportunity, a case or deal, a professional relationship, or something totally outside of the practice of law. Here are five considerations to help you address the challenges you will meet over the course of your career.

Have perspective. John Wooden wrote, “don’t let the things you can’t do stop you from doing the things you can do.” As a lawyer, you have already achieved a lot more than what you have failed at. Think about the successes you have already reached in education, the courtroom, the boardroom and in your community. Be thankful for what you have accomplished and never lose sight of this. Do not let the things that have not gone your way prevent you from continuing to pursue the achievements that you have already built a track record of reaching. Yes, there will be setbacks and we do not always get what we want. However, your perspective is the best indicator of your ability to deal with challenges.

Learn, adapt and move on. A setback is like a chapter in a book, not the book itself. Read and study the chapter, learn what you can from it, and then move on. If you keep dwelling upon or re-reading the same chapter, you will never finish the book.

While we should learn valuable lessons from setbacks, dwelling

Realize a setback means you are trying. A lot of people never fail because they never try. Those people like a routine and never push their boundaries. While safe, it’s not challenging. Life is too short to play it safe all of the time. You have an obligation to be the best you can and that means facing challenges and inevitable setbacks. Doing so means that you have pushed your limits to a place that you are uncomfortable. That is where true development lives — whether you get the desired outcome or not. Take solace in the fact that you are trying and that your will to achieve outweighs your fear of failure. Abraham Lincoln has been attributed as saying, “I am not bound to win. I am bound to be true. I am not bound to succeed, but I am bound to live up to what light I have.”

Like medicine, obstacles are good for you. They build character, as your mom or dad would tell you. Character is built in hard times, not easy ones. Similarly, great leaders are developed, not born. It is not always about what you have accomplished, but what you have overcome. If you can see a setback as a part of your overall growth, not as a rebuke of you or your abilities, then you have learned an important lesson. Enjoy the fact that you have the opportunity in the legal profession to challenge yourself and that you will not defeat every single obstacle you face. No matter what, know that you come away better thereafter than you were before. “Mountaintops inspire leaders, but valleys mature them,” said Winston Churchill.

I hope you take head-on the challenges presented to you as an attorney. When that setback inevitably occurs, take it with perspective, learn and move on. From knowing so many of you, I know that you already do. D

February/March 2018 I The Docket I 7

BRIEFLY

TRIVIA

“The first step … shall be to lose the way”

Q: Who was the first U.S. President to declare A: James Madison, War of 1812.

war?

~ Galway Kinnell Galway Kinnell (1927–2014) was an American poet, winner of the 1983 Pulitzer Prize for Poetry and the National Book Award for Poetry for his work Selected Poems. He was the poet laureate of the state of Vermont from 1989 to 1993

Denial: Holocaust History on Trial by Deborah Lipstadt.

OF NOTE: In 1993, American historian Deborah Lipstadt published Denying the Holocaust: The Growing Assault on Truth and Memory, a powerful and comprehensive analysis of Holocaust denial and revisionism. Almost in passing, she mentioned independent historian David Irving as one example of a popular Holocaust denier. This prompted Irving to sue Lipstadt and her U.K. publisher for libel in British court, where, in a key distinction from U.S. law, the burden of proof was on Lipstadt to show that the accusation was true. Denial is Lipstadt’s account of that court case. Previously published as History on Trial: My Day in Court with a Holocaust Denier (2005), the book was retitled in 2016 to coincide with the release of a movie dramatizing the events, starring Rachel Weisz as Lipstadt and Timothy Spall as Irving. The book (and movie) will appeal to anyone with an interest in how we decide what constitutes historical truth and how that can play out in a legal setting.

8 I The Docket I February/March 2018

DID YOU KNOW Looking for a quick way to get some exercise in? Just one hour of banging your head against a wall can burn 150 calories.

For lower-impact exercise, hugging someone can burn up to 70 calories per hour.

ON THE TOWN: An Interview with Stephanie Donner

E

ach year, the law firm of Davis Graham & Stubbs LLP joins the Denver Bar Foundation and the Davis Family to sponsor the Richard Marden Davis award. The award is presented to a Denver lawyer “under the age of 40 who so combines excellence as a lawyer with creative civic, cultural, educational, and charitable leadership as to best exemplify the character and promise of Mr. Davis at that stage in his career.” Many recipients of the award are well-known leaders in our community, including Governor Bill Ritter, Justice Monica Marquez, and Justice Richard Gabriel, among many others. Stephanie Donner is the 2017 recipient and I had the opportunity to talk to her about her unique background and experience, why community service is important to her, as well as her perspective as a women lawyer. As you will read, she is well-deserving of this award and someone to keep your eye on in the future.

HARDY: Congratulations on receiving the 2017 Richard Marden Davis Award. What does receiving this award mean to you?

DONNER: When I look at all of the past recipients and the group of individuals who have received this award, I see amazing leaders in the profession of law and also the community. And to be thought of and included in this group is one of the most humbling and exciting moments for me in my career, to realize that my peers have acknowledged that I have made significant contributions to both the profession and our community.

HARDY: Tell us about your personal background.

DONNER: I am very, very, very proud to be born and raised in El Paso, Texas where I grew up along the border. I speak almost fluent Spanish and love the culture, the food and the community there. Every day I carry with me the perspective of having been born and raised in a true multi-cultural community where different socioeconomic perspectives and people of diverse backgrounds are truly integrated. From there I moved to the University of Texas in Austin and after a brief stint in San Francisco, went back to law school at the University of Houston. Although I have Texas and the border in my heart, while in law school I was able to get a clerkship in the federal district court here in Colorado. I quickly moved to Colorado; that was 16 years ago and I have never left. I'm Texan in my heart, but Colorado is home.

HARDY: You like Colorado more than Texas, right?

DONNER: Of course.

HARDY: Tell us about your professional experience.

DONNER: My dad always told me that if you never take risks you never win big, so I have tried to apply that to my career choices.

Surprisingly, my dad is an attorney, and that is not really the mantra for most attorneys who are risk adverse. I would say that I have tried to seriously consider every opportunity that has presented itself and tried to remember that little bit of advice from

my dad. So even though out of law school I did a clerkship and then went to a very large law firm, which was a traditional path, I always tried to consider that there could be other opportunities out there that may suit me. So with that mindset I was open when I got a call from Governor Hickenlooper’s office after he was elected to come and be his Senior Deputy Legal Counsel, and after that to become General Counsel of Galvanize, which is an education company. At each point in time, I thought I should be retreating back to the law firm life that I had thought was my destiny, but it’s been a great opportunity to see other ways to be a really effective attorney.

HARDY: You mentioned working with Governor Hickenlooper.

How did that come about?

DONNER: This is an honest true story. I was taking a deposition, and I got a call from a gentleman by the name of Ken Lund from Governor Hickenlooper’s office. And I said, “No thanks, I already donated.” And he said, “Well I certainly hope you didn’t because we've already been elected, but I heard I should hire you. ” And I said, “To do what?” And he said, “To be Governor Hickenlooper’s lawyer.” And I said, “The Governor has his own lawyer?” And he said, “I think we should have coffee.” So after several coffee meetings and introductions to a few members of the Governor’s staff, I walked away and called my husband and said, I think I have a new job. I tried to say no, but he was relentless and it was the best decision I think I ever made.

HARDY: What did you do for Governor Hickenlooper?

DONNER: I started out as his Senior Deputy Legal Counsel as one of three attorneys in the Legal Counsel’s office (the chief and two deputies). From there, when the terrible floods of 2013 happened, Governor Hickenlooper and the Chief of Staff at the time asked me to run the flood recovery effort as the Executive Director and Chief Legal Counsel for that effort, which almost February/March 2018 I The Docket I 9

required its own legal counsel. I would travel back and forth to D.C. procuring dollars for the state. I think we ended up securing from somewhere between $300–600 million. I then became his Deputy Chief of Staff for a short while. After the Governor was re-elected, I became his Chief Legal Counsel.

HARDY: You mentioned that you now work for Galvanize Inc. What is Galvanize?

DONNER: Galvanize is an education company. We train software engineers, data scientists and entrepreneurs all within a shared workspace environment. So we consider ourselves the alignment of industry and academia.

HARDY: Is it an incubator?

DONNER: It is not an incubator. It is more of a workforce development center. So we train individuals in accelerated learning programs to make them workforce ready in either the companies that are within the space or other large corporations that need that talent. The entrepreneurs that are in the space at Galvanize are mostly tech companies that are trying to grow their business, hopefully using Galvanize talent, but Galvanize doesn’t take any portion of the income or revenues from those companies.

HARDY: What is Colorado Loves Amazon, and what is your role?

DONNER: When the Amazon RFP came out, the state, through the Office of Economic Development and Metro Denver Economic Development Corporation, decided of course that they would follow their normal procedure in responding. But many community leaders thought the community should have a response as well. So some fellow community leaders came to me and said, ‘You should lead this effort as the chairperson of the Colorado Loves campaign,’ which was not just Colorado Loves Amazon, but everything about what Colorado loves.

We approached the Governor and the Metro Denver EDC and he said, in his words, “Get started immediately.” It was a campaign to create a website that would house digital assets about what people love about, and why they’re excited about, Colorado as a great place to live and do business. Within about 10 days we had curated almost 50 videos of community leaders, CEOs, artists and musicians. We had Von Miller from the Broncos, Dick Monfort from the Rockies, and everybody just immediately answered the call, cleared their calendars, and was receptive to a video crew. It sits on this website now, which is a miraculous display of not just why Amazon or any business should come to Colorado, but of the amazing community we have and how quickly we all came together. It is an accomplishment. It was a 45-day project for me and I am incredibly proud of it.

HARDY: It’s at ColoradoLovesAmazon.com?

DONNER: It’s ColoradoLoves.com and ColoradoLovesAmazon. com, so either. But once the Amazon question is resolved, which it is not yet, it will be a digital asset that will live on for a long time. Many of the videos don’t even mention Amazon.

HARDY: An important aspect of the Davis Award is community service. You’ve been so active in the community. Can you share with us your involvement, including with Girls Inc. and Galvanize Gives?

DONNER: I serve on the board for a number of organizations in the community: the Colorado Symphony Orchestra, Girls Inc. of Metro Denver, the Metropolitan Baseball Stadium Commission and Keystone Policy Center. And for each of those I’m a trustee.

10 I The Docket I February/March 2018

I serve on various committees and I have various interests in each. With respect to Girls Inc., it was very fortuitous because I got incredibly involved in the girls technology and STEM programs and I have been able to integrate them into my work at Galvanize. Galvanize Gives is a program that I started at Galvanize that encourages community engagement by our employees that were aligned to our mission and vison. So for example, when I was there my team held “girls coding days” as our community engagement effort. But I also started the Galvanize Foundation, which is a 501(c)(3) geared toward providing resources for tech education for those traditionally underrepresented in tech. And that is girls, people of color, veterans and LGTBQ. HARDY: Why is community service so important to you?

DONNER: Well, I’m fortunate. I have been the beneficiary of so many amazing people, both in my past and in my family and in my communities. Every community I’ve ever lived in has propelled me to accomplish great things and provided support.

So I think it’s ingrained in me to continue to honor that. Not to mention the fact that it’s incredibly personally fulfilling to be able to contribute to the community. Hopefully it serves as an example for my children and others that they should be equally as engaged to give back for all the benefits and all the wonderful things that they have as well.

HARDY: Do you think you have faced challenges as a woman attorney that men have not faced?

DONNER: Unquestionably. I think that there are many challenges that women face, especially as you advance in your career and you’re expected to take harder positions, draw harder lines and build teams. There are stereotypes that cast women in a negative way. There are frankly jobs and roles that I think some folks are biased about having someone other than a woman fulfill. So I think by continuing to have more women in leadership positions and more women in board rooms, we can dispel some of those myths and stereotypes, but they’re real and they exist.

And I think I encounter them more and more as I advance in my career and the more senior I get.

HARDY: Has being a woman attorney presented opportunities?

DONNER: I think one of the opportunities that being a woman attorney in Colorado presents is an opportunity to be a part of a community of women attorneys that is so strong and so robust.

So I would say for me, I am incredibly grateful for the support of the Women’s Bar, for the support of the women in the judiciary the and support of my colleagues who are interested in rallying around and coalescing around rising women lawyers.

HARDY: The Davis Award is given to a lawyer such as yourself under the age of 40. What advice would you give to lawyers under the age of 40 in reflecting on your career so far?

DONNER: The best advice I ever got as a lawyer for practicing law is to become a really good lawyer and help your colleagues, and help your clients and do good work. And the rest of the business development and career trajectory and all of that will come. But there’s no trade-off for truly learning the trade. I would also say to be grateful always and listen a lot. I think as young lawyers and even mid-career lawyers, we’re always prepared with what to say but do not listen enough. D

BUYING MALPRACTICE COVERAGE? Six Things Every Lawyer Should Do

By Scott Carlson rather than accepting an attorney assigned by the insurer. Which would you prefer? Working with a lawyer you trust or a complete stranger?

3. Most legal malpractice policies are “claims-made”

policies, meaning they cover only claims made during the policy period. Some, however, require that the claim be reported to the insurer during the policy period as well. Such policies are called “claims-made-and-reported” policies. Failure to follow the reporting requirement to the letter gives the insurance company room to deny coverage. When in doubt about whether a claim has been made or not, the best thing to do is to always report. In other words, not reporting is not an option.

4. Most lawyers do a lot more than just legal work.

They can be title agents, trustees, conservators, administrators, arbitrators and mediators. The problem is, most legal malpractice policies are very specific in defining what is considered a “professional service,” so be sure to check your policy definitions and compare them to the activities your firm’s lawyers are involved in. If they’re making money doing it, be sure it’s covered by some kind of policy. egal malpractice claims in recent years have remained relatively steady, but defense costs, claimed damages and settlement sums have all climbed.

That’s according to the latest survey of some of the leading lawyers’ professional liability insurance companies, revealing troubling trends that argue in favor of doing what many attorneys are loathe to do — taking the time to look closely at the language of their legal malpractice policies before they’re hit by a claim.

Considering that 5 to 6 percent of all attorneys will face a malpractice claim this year, here are six things to keep in mind if you’re either shopping for a policy or renewing.

1. Figure out whether the limits of liability in your policy are

“eroded” or “exhausted” by defense costs. You can save money by buying a “burning limits policies,” in which each dollar spent in the defense of the claim reduces by a dollar the amount available to pay a judgment or settlement. That, however, could quickly leave you with insufficient coverage, especially if things drag on.

In other words, you’ll wish you had bought a more robust policy.

2. Speaking of which, today’s malpractice policies bear little

resemblance to older policies. Enhancements of all kinds are now available, including pre-claim intervention coverage, which can help a firm protect itself against a potential loss even before a claim has been made. And when a claim is filed, some policies now allow a law firm to pick a defense counsel of its choosing,

5. The cheapest malpractice insurance policies are written so

that the insurer can rescind the policy if you failed to disclose all of the relevant facts in answering questions on your application.

Insurers don’t need proof you intended to answer inaccurately.

They can rescind simply because they could have charged you a higher (or even lower) premium if only they had gotten the correct information. Of course, claims against you won’t be covered if the policy is rescinded. So be careful and thorough in filling out applications.

6. Insurers also can abruptly cancel policies for nonpayment of

premiums, even if you didn’t mean to miss the payment. The better policies, thankfully, require what should be ample warning before any cancellation for nonpayment.

The above covers a few of the bases. As with most things, there’s more. Just know that failing to have a full understanding of your professional liability insurance policy can leave you at risk of significant liability exposure and possibly a very expensive malpractice case. D Scott Carlson is a Vice President at CCIG, a Greenwood Village, Colo.-based business and personal lines insurance brokerage. Reach him at ScottC@thinkccig.com or 720-330-7925.

February/March 2018 I The Docket I 11

LEGAL BUSINESS DEVELOPMENT:

By Optimism and Serendipity?

By Paula Black

re you developing business solely by optimism and serendipity? Be honest. If that is how you have done it in the past, declare that 2018 is the year it will change! But change to what? That is the question. In order for your business to be driven by more than optimism and serendipity, you must think about where you want to go and how to get there. That is a PLAN. Your plan can be a page, 10 pages, a binder full or simply some notes on a napkin. It’s not about the form; it’s about the content.

Write it down, no matter what form it takes. Putting it on paper solidifies your commitment to the plan. AND … sharing it with others ensures you will be accountable.

Start by deciding what your destination will be. How much revenue do you want or how many new clients do you want? What practice areas do you want to grow or do you want to start a new practice area? Start with the destination. Then figure out what you need to do to get there and by when.

Your plan will consist of goals, projections, dreams and educated guesses. Here are a few ideas to consider as you figure out what your roadmap could look like: Building Relationships: The world has changed. The internet has opened up vast amounts of information and new opportunities to reach people. But what has not changed is the human desire for relatedness. We still want to work with people we know, like and trust. Leverage every possible relationship and continually build new ones. Here are two ways to do this: 1. Work your referrals. How long has it been since you really worked your referrals? Make a list of all your referral sources.

Code them A, B or C. The A’s are the most productive; they have 12 I The Docket I February/March 2018

sent you several leads. The B’s are the ones you have gotten a few referrals from, but not as many as you should. The C’s are the ones that have potential if you spent some time cultivating the relationship. Set a goal to work these lists on a regular schedule.

How many calls will you make a week? How many events will you attend where you could run into them? Who do you know that could possibly put in a few good words for you?

2. Review your entire contact list to see if there are people you know that could introduce you to people of influence.

Is there someone with whom you could form a strategic alliance?

Increasing Credibility: You may have a great reputation within your circle of influence, but that will take you only so far.

If you want to grow your practice you need to move beyond your circle. Here are a few strategies to consider: 1. Write articles, blogs and books. There is no better way to demonstrate your points of differentiation than in the content you write. It makes you the expert. What will you commit to?

How many articles? Are you going to start a blog? Is this the year you write that book you’ve been thinking about for years?

2. Make speeches and give seminars to trade organizations, bar associations or business associations. Find the organization that you can speak to on several topics. The more times you can appear in front of the same audience the better. Find your target.

3. What could you leave with your prospect that could speak for you in your absence? A folder with your business card, a firm brochure and an article or two? Yes, you can tell this potential client to visit your website. However, if you are no longer in

control, they may or may not go there. When you hand them a well thought out, impressive package it increases your credibility. YOU are in control of delivering that message in a powerful personal way.

Increasing Visibility: You can’t have a practice without visibility. It can be rocket fuel when attacked from several directions.

For instance: 1. Can your potential clients find out about you through the internet? In this day and age it is imperative that you have an internet presence. They must be able to find more than directories with your office location and phone number, or your website with basic information. It must be information of substance (the great content that you’re going to write.)

2. Every lawyer should have a LinkedIn profile. It’s the social media site that is professional, easy to use and well respected.

You can choose to be active or not so much … you decide.

3. Do your referral sources see you regularly at bar or industry events? Do you stay in touch with your friends, colleagues and classmates? Set your goals. Select the organization and commit to going to one event per month or making one phone call a day to a friend, colleague or classmate. What will you commit to?

4. Is there a publication where advertising would make sense? Does it reach your potential client or referral sources?

What message could you communicate that would set you apart from other lawyers?

5. Make an objective review of your website. Does it convey the quality of the legal services you deliver? Is the message clear and concise? Is it easy to navigate? Does it look like a 2018 site or a 1999 site? It doesn’t need to be state-of-the-art, but it does need

to reflect who you are today.

These are a few sets of ideas to consider in creating your road map. I’m sure your unique situation will reveal even more. Figure out what actions are necessary for your growth, set your goals with due dates and commit to making them happen. Next, find a co-conspirator, mentor or coach that will hold you accountable.

Then, keep your plan alive … by talking about it often.

Someone once told me if you want to be sure to lose something... leave it in your memory. And if you don't really want to do it ... don’t tell anyone.

So, tell me. How committed are you to your 2018 success? Okay then… WRITE A PLAN! D

Paula Black is a legal business development and branding expert, author and coach. She is the award-winning author of “The Little Black Book” series for lawyers and the force behind In Black & White (inblackandwhiteblog.com), a blog dedicated to clear, straight forward advice and open discussion on legal business development issues.

Ms. Black has recently been voted one of the Top Legal Business Development Coaches in The Daily Business Review’s 2017 “Best of ” Awards.

You can contact Ms. Black at paula@paulablack.com.

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10 QUESTIONS WITH EDGAR BARRAZA translates to ‘the world is for the daring.’ Whenever I faced major hurdles in my path, I imagined my mother’s major scolding and let her words nudge me into doing whatever needed to be done.

To DREAMers looking to enter the profession, I would tell them to stay the course. The Colorado legal community has been very supportive of me, as I am sure it will be of you; you will not be short of allies if you wish to join us. You must aim high to reach that loftier version of yourselves. Envisioning myself as a law student walking the halls of DU helped me overcome a lot of the doubts and the obstacles that stood between me and my goals. Big ‘D’ dreamers and little ‘d’ dreamers should try it!

1. Where did you go to law school and where are you currently working?

I attended the University of Denver, Sturm College of Law. I am currently working at Rollin Braswell Fisher LLC, practicing commercial and financial litigation.

2. Why did you become a lawyer?

As an undocumented immigrant, I was keenly aware of the special vulnerability of my community stemming from its limited access to economic opportunity and legal resources. Learning about the success lawyers had shaping their communities for the best, I thought a law degree could provide the tools to bring similar relief to my community. In the process I also hoped to set an example. Latino lawyers were and are still underrepresented in the profession. It’s undeniable that the law profession figures prominently in American life, and I wanted to prove that undocumented immigrants could become attorneys if given an opportunity, and that way increase society’s awareness and understanding of undocumented immigrants.

3. What was your biggest hurdle in becoming the first DREAMer to be admitted to the Colorado Bar? Finding a way to pay for my first year of law school and clearing that first hurdle was most daunting. DU provided a very generous scholarship, but I was still significantly short on tuition.

Being undocumented at the time, I was ineligible for any sort of student financial aid or private loans. The prospect of failing to pursue my life goal for a lack of money was something I dreaded and that kept me up at night. Luckily I was able to obtain a loan with help from my uncle from a bank in Mexico, which was enough for the first year!

4. What’s the best advice you’ve ever been given? What advice would you give to other DREAMers seeking to become attorneys?

Any time I expressed doubt to my mother on whether I could accomplish any of my goals, she would first scold me and then remind me that ‘el mundo es de los audaces’ which roughly 14 I The Docket I February/March 2018

5. Where are your favorite places to travel?

I have really enjoyed traveling to Los Angeles with my family lately. Horrible traffic aside, it is a neat cosmopolitan center and offers some of the most authentic Mexican food I have ever had. In the future, I would like to travel to the Eastern Mediterranean, China, or some other place that has been the scene of great human accomplishments and where you can feel ancient history weighing down on you.

6. Are you currently binge watching any shows?

I am currently watching Twin Peaks (1990). I am really drawn to mystery series, especially ones where the main character is cast into a quirky little town in the middle of nowhere (here literally), which really heightens the drama and my interest.

7. What’s the best restaurant in Denver?

Yabby Hut, one of the few places that offer delicious fresh seafood in the city — plus, no cutlery!

8. Favorite childhood memory: My grandfather and I stargazing while sipping (unbeknownst to mom) a bit of Don Pedro rum.

9. How do you de-stress?

I take long walks with my dogs, hike and I strum my guitar, which I cannot yet properly play.

10. If you weren’t a lawyer, you’d be I was a pre-med major once, so perhaps a researcher at a cancer research institution, where I would likely be analyzing and writing about arduous text and formulating experiments--which is not all that different from what I do now! I really enjoy doing research and complex problem-solving that engages one’s cognitive ability to the full. D

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

s attorneys, we all experience substantial workrelated stress from deadlines, client demands, and difficult opposing parties and counsel. A host of mental and physical problems are linked to stress, and we have all been told that finding ways to cope with and diffuse that stress is important for leading a healthy life.

To stay healthy and sane, we need something to help us unwind and recharge. Many of us find solace in a hobby or other non-law activity that we enjoy. I find my solace in cooking.

I grew up in a household that was always bustling with cooking activities. My mother started the first high school commercial foods program in California for boys, called “Boy’s Foods.” (Keep in mind, the idea of men at work in the home kitchen was a novel concept at the time.) Rarely did a week go by where there was not a wedding cake, or some other food-related project, being assembled on the kitchen table by my mother, usually surrounded by three or four of her students. I was trained to cook by osmosis and it became part of my DNA. Today, I would consider myself a “cookaholic.” I cook when I am happy; I cook when I’m sad; I cook when I am anxious; I cook when I am in need of distraction.

Basically, I cook whenever I can.

At the most primal level, I cook to provide nourishment for

myself and others. However, for me cooking provides so much more. I know that for some, the idea of preparing a family meal can be just another chore to squeeze in at the end of an already exhausting day. However, for me, cooking is restorative. It allows me to express my love for and to nurture those around me. It is a way of giving to my family and community. It is also an outlet for my creativity. I can take a set of ingredients and create something new that is greater than the sum of the individual parts. Cooking settles my mind and gives me a sense of familiar comfort and a satisfying sense of immediate accomplishment.

At the end of a long workday, one of my favorite ways to unwind is by slicing and dicing vegetables for dinner. It helps me slow down and re-focus. The steady repetitive sound of my knife against the cutting board quiets my mind and soothes my soul. Many cooks have long recognized the therapeutic value of cooking. Now, a growing number of mental health professions have turned to what they call “culinary therapy” as part of their treatment for a wide range of mental and behavioral health conditions, including: depression; anxiety; eating disorders; ADHD; and addiction.

We have all heard the benefits of meditation and mindfulness, such as increasing happiness and reducing stress.¹ Cooking February/March 2018 I The Docket I 15

is my personal form of meditation, with the added perk of a nutritious and tasty meal at the end. Cooking helps incorporate mindfulness into my life and can be extremely therapeutic. Cooking requires focus. You have to carefully measure, physically roll out dough and manually cut the vegetables. If you focus on the smells, textures and tastes of the ingredients you are handling, and on being present with the food you are creating, the mindfulness in that present moment can reduce your stress, improve concentration, and encourage a healthy lifestyle.

Not only is mindfulness a good skill to master, but it can also help reduce the presence of sad thoughts. When you are cooking, you are doing something productive. You are not spending time “spinning your wheels” or ruminating over troubling events from the past, both of which can lead to unhappiness and depression. I find that cooking takes just enough of my mental attention to get me out of my own head and allows me focus my mind on something other than my worries. I was once told by an old Cajun chef that making a dark roux (a traditional mixture of

flour and butter used to thicken many Cajun foods) is the best remedy for a troubled mind. The making of a traditional roux requires standing in front of a heavy skillet and constantly stirring the ingredients over a low heat while watching carefully for the mixture to reach just the right shade of a dark, reddish brown. This slow cooking process can take close to an hour to accomplish. The chef explained that he often cooked his roux late at night when his troubles were keeping him awake. I find that this simple cooking activity takes just enough of my attention to keep the roux from burning, calming my mind, and leaving no room for worrisome thoughts.

Cooking can also help make meaningful connections to happy events and supportive people from our past. Cooking links all the senses, especially our sense of smell. The aroma of a dish you used to eat growing up can quickly re-connect you with positive memories from your childhood. For me, it can be the aroma of the paella my mother used to cook. It takes me back to the happy times of sharing a meal with my family on a Sunday afternoon. Reconnecting with those fond memories can have an extremely positive effect on our mental wellness. In fact, researchers suspect that reconnecting with happy memories is powerful enough to be an effective treatment for depression. 2 For me, cooking for others is also a form of altruism. There is a symbolic value in cooking for others because food has both physical and emotional significance in our lives. Such an altruistic act can bring happiness and help connect to others. This in turn, can boost confidence and self-esteem. In this way, cooking contributes to an overall sense of well-being, and the giving com16 I The Docket I February/March 2018

ponent heightens that feeling. Doing something that you feel good about has very positive psychological effects.

Especially when it is done for others, cooking has a cumulative psychological benefit. It connects us to others and brings a sense of closeness in that you are expressing your love and your care.

It builds and strengthens interpersonal relationships. It encourages a sense of trust, community, meaning, purpose, belonging and intimacy. All of which have been linked to living a longer life, increased happiness, decreased depression and greater positive overall well-being. Studies have shown that creating relationships, and sustaining them, is a crucial part of sustaining mental wellbeing. 3 By providing others with food, you are showing them that they have your support, your love and your backing. Cooking brings us together and creates communities, and with community comes feelings of connection and happiness.

Cooking with others also creates connections and strengthens our relationships. Just as I spent many memorable hours in the kitchen with my mother learning her cooking “secrets,” I now cook regularly with my own teenage daughter. We cook, experiment and play together using food as the medium. The time spent together is priceless. She is eager to learn from me, just as I was with my mother. She and I have a running joke, developed shortly after she became a ‘terrible tween.’ I ask her, “If I was alone in the woods and said something, would I still be wrong?”

She always enthusiastically responds, “Of course!” Despite the trials and tribulations inherent in raising a teen, in the kitchen she and I have created a space where we can talk about anything and truly listen to each other. The process of cooking together brings us closer and strengthens our bonds, making the difficult conversations we have had at other times a little easier. When the meal is laid upon the table, I also get to see her sense of pride and fulfillment in this accomplishment; it is very satisfying.

Cooking is also one way to communicate your feelings.

Think about it; there is a cultural tradition of bringing food to someone when a loved one of theirs has passed. Sometimes there are no adequate words of comfort, but an offering of food can quickly and effectively communicate your support. It can be helpful for those who have difficulty expressing their feelings in words, to show thanks, appreciation, gratitude or sympathy through food. When done along with communication, it can

native to traditional antidepressants,” MIT News Office, http:// news.mit.edu/2015/recalling-happier-memories-reversedepression-0617 (June 17, 2015).

3 Umberson and Montez, “Social Relationships and Health: A Flashpoint for Health Policy, ” Journal of Health and Social Behavior, http://bit.ly/jhsbflashpoint (Oct. 8, 2010).

bring comfort and express your feelings better than words alone Cooking for yourself is an important form of self-care. The act of making food for yourself and taking the time to thoughtfully feed your body can have a significant impact on your wellbeing. Sure, it is faster and easier to “grab and go” but it is easier to control the nutritional quality of your diet when you prepare your own meals, and choosing a high-quality diet plays a major role in keeping your brain healthy. To make sure your brain is getting enough vital nutrients, it helps to know exactly what you are feeding it. Not only can cooking for yourself help you eat healthier, but it also sends a message to yourself that you are important.

It is easy to dismiss cooking as just another household chore; however, I find it much more entertaining than vacuuming or folding laundry. Cooking is, in itself, an innately rewarding and creative experience. I can “play with my food” and let my imagination run wild. Much has been written about the connection between creative expression and overall wellbeing. I use cooking as an outlet for my creative expression. It is similar to other creative diversions, such as painting and making music. Instead of dashing out to the store after work to search for my next timesaving, pre-prepared meal, I come home and open the refrigerator to find inspiration. I see some strawberries, lettuce and a little cooked chicken left over from the night before. The next thing I know, I have created a nutritious and satisfying meal. I saved the time and avoided the stress of rushing to the store, and instead used my time to create something new.

Jay E. Fernandez is a shareholder of the Fernandez Law Firm, P.C. and heads up the Firm’s business consulting services group. Jay’s primary areas of practice are: business; corporate; employment; real estate; estate planning; and criminal law. He is an international award winning chef and has his own line of sauces, spice rubs, and chocolates. Jay lives in Boulder with his wife of 35 years and his teenaged daughter.

Barbara Ezyk, executive director of the Colorado Lawyer Assistance Program, is the coordinating editor of this series of Wellness articles during 2017. Readers are encouraged to send authors and Ezyk their feedback. If readers have suggestions for topics of future Wellness articles or would like to contribute to Wellness articles in the Docket, contact Ezyk at bezyk@coloradolap.org.

COLORADO CHAPTER Check Available Dates Calendars for Colorado’s Top-Rated Mediators & Arbitrators In Seconds...

As you see, in addition to being a means of sustenance, cooking has many healthful benefits. I hope I have provided you with all the motivation you will ever need to step into your kitchen and get cooking! Find the time to incorporate cooking into your busy life and take the step toward living a fuller and healthier life. I encourage you to be creative in your kitchen. The rewards are immediate. Bon appétit! D

¹ Corliss, “Mindfulness meditation may ease anxiety, mental stress,” Harvard Health Blog, Harvard Medical School. http://bit.ly/hmsmindfulness (Jan. 08, 2014, updated Dec. 14, 2016).

Join the more than 350 local law offices visiting the NADN’s database monthly to expedite appointment scheduling via

2 Trafton, “Recalling happier memories can reverse depression.

Artificially reactivating positive memories could offer an alter-

To learn more about NADN, visit www.NADN.org/about

www.COLMEDIATORS.org February/March 2018 I The Docket I 17

ROVIRA SCHOLARSHIP

s a Seattle native who moved from California to Washington DC to Colorado, I took a different path into becoming a lawyer. I first decided to become a lawyer when I was working with autistic children as a behavioral therapist and noticed that some families received more funding and hours than others. This was because these families had an attorney who knew how to work the system. I saw the direct impact that an attorney could have on a family’s life and I knew from then on that I wanted to be an attorney.

Special needs, special education and family law were all

MVL OFFERS SEVER AL OPPORTUNITIES TO VOLUNTEER AT DIFFERENT COMFORT LEVELS AND LEVELS OF INVOLVEMENT. categories that interested me but as a young attorney, it can be difficult to learn all of the different specialties. I began interning with Metro Volunteer Lawyers a few months after passing the bar and joining the Colorado Bar Association, which has helped me 18 I The Docket I February/March 2018

learn about family law through free CLEs, the court process of filing a divorce or APR, and elder law, estate planning, and probate. After a couple months, the opportunity to become a Rovira Scholar appeared and I took it!

The Rovira Scholar is a fellowship position made possible by a generous gift from Lois Ann Rovira, in memory and honor of her husband, the late Honorable Colorado Supreme Court Justice, Luis Rovira. The goal of the fellowship is to enhance the overall understanding of the complex and unique legal challenges presented in pro bono public service through the early training and professional development of outstanding law school graduates. The fellowship position is a minimum 60-month commitment and is awarded annually.

I am extremely grateful to Lois Ann Rovira for this amazing experience. Not only has MVL and the Rovira scholarship given me immense help in my practice area by providing me with the opportunity to learn, represent clients in court and gain a mentor, it has been personally rewarding and allowed me to be proud of the work I do. MVL helps people in need at one of the most stressful times of their lives — I feel like a superhero because I am helping a person out of a difficult situation.

My fellowship has been incredibly rewarding. I get to help people who do not understand their rights. Some of this work includes helping with the Post-Decree Clinic (people who have gotten divorced or APR), Family Law Court Program, Power of Attorney Clinic, and the Denver Indian Center Clinic. The access to pro-bono work that has been provided through being a Rovira Scholar is the perfect way to give back to the community, especially for a young attorney.

MVL offers several opportunities to volunteer at different comfort levels and levels of involvement. Through MVL and the Rovira Scholarship, I have received more experiential learning opportunities and networking possibilities with attorneys, magistrates, judges and school boards than I could have imagined.

Both will be an asset as I continue my legal career. I feel as though the Rovira Scholarship has helped me grow immensely and I look forward to continuing my work with MVL in the future. D

COLORADO PLEDGE TO DIVERSITY SUMMER CLERKSHIP: Helping with the Big Picture

By Satvir Kaur

t the end of the first year of law school many students are left with an overwhelming — yet unsatisfied — desire to understand “the big picture.” While first year classes give an introduction into what law students may encounter as to the law, rarely do these classes acquaint them with the practicalities of a legal career. I also was in that boat. I craved to understand the world of law, but my knowledge was limited to the theoretical applications in my 1L casebooks.

My journey began in January of that first year when I submitted my application for the Colorado Pledge to Diversity Summer Clerkship program sponsored by the Colorado Pledge to Diversity. The Colorado Pledge to Diversity is a nonprofit organization that promotes diversity and inclusion by exposing under-represented minorities who are 1L students to opportunities within the legal profession. The members are signatories to the Pledge to Diversity, and include law firms, corporate legal departments, and non-profit organizations. As signatories, these law firms and legal departments pledge to promote diversity and inclusion in the legal profession through the Summer Clerkship program.

The Summer Clerkship program’s primary purpose is to educate diverse law students on the expectations of law firms and

corporate legal departments for the summer. This seemed like a perfect introduction to “the big picture” that I was searching for.

It was early February when I learned that I had passed the first round, which consisted of an application process and an interview before representatives of the Pledge to Diversity. In the second round, individual interviews were held with the specific potential employers that had an interest in me based on my application. Finally, after these interviews, the committee began creating matches. Along with many other students, I anxiously awaited my results to see if I had been matched.

In mid-March, I learned that I was paired with not one, but two employers for a two-part joint internship: Xcel Energy and Gordon & Rees, LLP. There was no end to my happiness and relief.

Happiness that I had been paired, and relief that I had secured my first summer clerkship. With no experience to formulate expectations on, my only knowledge about the clerkship was based on what I learned during the interview process. Hence, on my first day as a summer clerk, instead of expectations of what I would do, I brought with me questions that I hoped would bring me closer to “the big picture.”

Working at Xcel Energy and Gordon & Rees taught me more February/March 2018 I The Docket I 19

than I could have ever contemplated. During my internship, I worked with multiple attorneys and each attorney was more than willing to help me when I came across a road block in my search for the answer to a legal question. However, first and foremost, I learned that it was okay to fear what I did not know. They taught me that fear is natural and even the most experienced attorneys fear what they do not know. However, this fear should not hold us back, but encourage us to move forward. Hence, while I was expected to give my hundred percent to researching and answering legal questions, I was not expected to be perfect.

The attorneys expected and in fact encouraged me to ask questions when I did not know what to do. The Pledge to Diversity Summer Clerkship program was not about what I knew or did not know, but what I came away with. And while I came in with little knowledge of the differences and similarities in the work, expectations and culture of a corporate in-house department versus a law firm, in the end I walked away with a better understanding of both.

I discovered that in many ways an in-house legal department functions just as a law firm. At both Xcel Energy and Gordon & Rees, the expectations were mostly similar. Each employer had

legal questions that needed answers. The only difference was that at Xcel Energy there was only one client, whereas at Gordon & Rees there were many clients. Additionally, on a micro-level, attorneys had different expectations for how they expected me to deliver my work. For instance, while some attorneys preferred a brief emailed memo, others liked a formal IRAC (Issue, Rule, Application, and Conclusion) formatted memo. I recall the first memo that I had submitted during the clerkship. The attorney had asked a rather simple legal question, and when I eventually emailed my memo it was an eight-page long analysis that was probably not what the attorney wanted. It was somewhat comical, but this experience taught me a very valuable lesson.

Another key difference was the actual work. Xcel Energy is a public utility company and much of the work I did was associated with legal issues that a utility company would address such as land use, regulatory compliance, as well as other related areas of law. In contrast, at Gordon & Rees, I worked on legal issues in various areas of law such as employment, healthcare and commercial law.

Another slight difference between an in-house legal department and a law firm is their culture. Each setting had its own unique culture. At Xcel Energy, although the work schedule 20 I The Docket I February/March 2018

was generally similar to standard office hours, the atmosphere was sophisticated. There was room for small talk, but everyone understood the significance they played in making sure the corporation was “legally compliant.” At Gordon & Rees the biggest difference was the hours. I learned that when trial dates were near even Sundays were work days. In fact, there was no real concept of work hours, because the attorneys had various clients, and their schedules depended on them. Similar to Xcel, Gordon & Rees was also sophisticated, because the attorneys had the responsibility of multiple clients on their shoulders. The biggest and most obvious difference was the hierarchy. At Gordon & Rees attorneys had different titles based on rank and experience; for example, partner, of-counsel, and associate. On the other hand, at Xcel the hierarchy was different; for example, general counsel, assistant general counsel, and senior attorney.

Nevertheless, the overall culture was similar in both environments. Both employers encouraged an open-door policy and face-to-face communication. For a 1L summer associate, this really reduced the fear and stress associated with talking to the attorneys. Finally, Xcel Energy and Gordon & Rees made sure that I not only learned about the various practice areas and legal issues that they encounter, but also gave me the opportunity to observe trials, contract negotiations, mediation and depositions to better understand what attorneys do as part of “the big picture.”

The start of my summer was filled with uncertainties, but both of my employers’ support and my own determination to make this clerkship a fulfilling experience gave me confidence in the future ahead. Now, although I am not by any means an expert, I have found that I often have “aha I know this” moments thanks to my 1L summer clerkship. I have been told that a good teacher will answer many questions, but also spark a curiosity in the student to find answers to new questions. My experience with Xcel Energy and Gordon & Rees was just that. The clerkship gave me understanding regarding the different components within both legal departments and law firms, my first step in understanding the big picture. Now I am eager to answer new unsolved questions regarding the particular areas of law I was fascinated with during the clerkship, such as healthcare, regulatory compliance and employment. I know the differences and similarities between a corporate legal department and law firm, and I have also learned how to work with and under various attorneys. Now I am eager to refine my skills and expand my knowledge in those areas of law that sparked my interest. A new journey begins where an old one ends, and in my new journey I have with me the skills and confidence that I learned from my journey in the 1L Pledge to Diversity Summer Clerkship. The big picture is filling in. D Satvir Kaur is a 2L at University of Denver Sturm College of Law. To learn more about the Colorado Pledge to Diversity, please go to: coloradopledge.com.

LAW STUDENT CHRONICLES: ON BEING YOUNG AND OLDER

By Bridget Mead

recent report by the Law School Admission Council analyzing ABA law school applicants for the years 2011-2015 found that only 20 percent of law school applicants were over the age of 30. How many of that 20 percent are moms with two toddlers running around at home?

Surely a much smaller percentage. I can count myself in that smaller percentage of ambitious (or foolish, some would say) applicants. The split actuality of being both young and older has been the most unique experience of my life.

I’m only one semester into law school; this makes me young.

I’m learning the language of law — the demurrers and Erie Doctrines, the parol evidence rules and Bluebook citations — just as a baby learns the language of mama and dada, Sesame Street and “Twinkle, Twinkle”. My classmates, mostly in their early twenties, mostly right out of undergrad and mostly very endearing in their perception of stress, are my comrades. Together, we stressed about the concepts of contract law, about the research for our memos and about final exams. The shared experience of being young law students has bonded us. Some of us are interested in criminal law, some public interest law, others corporate litigation, but we all must persevere through the next three years of law school together. It’s the experience of camaraderie with these classmates that makes me feel young, insomuch that I feel I know very little. I’m an immature legal scholar. With the same naive eyes and ears as those classmates 13 years my junior, I listen to my professors explain the significance of summary judgment and the Federal Rules of Civil Procedure. I am equally awed by the depth of their legal knowledge and the incisiveness of their instruction. Here, among this company, I’m no more than a young law student, with little more than an inkling of what my future legal career may hold.

And then I step outside. I hustle to my car so I can pick up my kids from daycare. As quickly as I put on my coat, I’m no longer young. My post-class evening routine differs so greatly from my classmates that they often look at me with bewilderment. I match their stories of 1L happy hours with daycare pickups and chicken nugget dinners. You might think that being an older

law student, with limited time, kids, a mortgage and more than 8 years between degrees, puts me at a disadvantage. The reality is that I’m 100 percent efficient with the limited time I have to read and write and study. Procrastination is not an option anymore.

The what-ifs are exponential with two children in the mix, and I’m constantly shuffling my study time to suffice. I cannot re-read a case many times over, or re-draft the discussion section of my memo. I can’t scour YouTube watching videos that help me better understand the statute of frauds or check out extra books from the library and practice hypos. I simply do not have the time. I trust my gut that I understand the concepts I’m being taught, that I’ve spotted the correct issues in a case and that the structure of my legal research is clear and concise.

While my stories of middle-of-the-night wakeups, breakfast cereal spills and rogue Thomas the Tank Engine books in my backpack are bewildering and humorous to my classmates, what they also cannot fully understand is the satisfying mental relief gained by playing superheroes with toddlers after a long day of learning about consideration, negligence, and compulsory joinders. When your cost of living loans are borrowed to not only cover your own cost of living, but the cost of raising other living beings, there’s an added appreciation for every cent you’ll repay. I feel fortunate that life paused my law school dreams for 10 years. I may be squinting at the blackboard a bit more than I would have 10 years ago, but my vision is more sharply in focus than ever before.

The older I get, the younger I feel. Thanks, law school. D Bridget Mead is currently a 1L at the Thomas R. Kline School of Law at Drexel University in Philadelphia. Her legal interests include immigration and child advocacy law. When she isn’t playing with her kids or reading case law, Mead tries to fit in some quality time outside, running or hiking. Mead can be reached at BridgetMead@gmail.com.

February/March 2018 I The Docket I 21

f you are one of the many lawyers now practicing law after having to retake the bar exam, that whole experience is likely one of the last things you want to think about. You know those feelings of devastation and despair when you didn’t see your name on that pass list. You recall that split in your heart between happiness for your friends who passed and sadness that you did not. Perhaps you were embarrassed to tell your friends and family that you didn’t pass. Even worse, some of them already knew because they looked for and didn’t see your name. What would they think?

Then there was the panic and anxiety that set in if you didn’t have a job yet and were very aware that the deferment period for your student loans was about to end. It would be months before you could even take the next scheduled exam. Your hopes, dreams and professional career were all put on hold while everyone around you moved on with theirs. You had to find the inner strength and motivation to go through another grueling round of preparation.

If you had been paying attention to bar passage rates and statistics, you were also aware that those who failed once were likely to fail again. Ugh! It was horrible going through that painful experience, so why would you ever want to think about it again? After all, when you did pass, the overwhelming joy, relief and gratitude you felt was enough to finally put the darkness of that experience behind you. Most likely, nobody has ever asked about your bar exam results again, and you have been successfully practicing law and pursuing new personal and professional goals. So why look back now?

The New Lawyers Working Group, a subcommittee of the Chief Justice Commission on Professional Development, is working on a wellness initiative for all non-passing bar examinees. In Colorado, our law schools have programs to help their students as they prepare to retake the exam. Those programs largely focus on resources and assistance for retaking the exam itself. While both DU and CU offer support for non-exam related issues faced by their students, there is a lack of resources and support systems for those non-passing Colorado Bar examinees who attended 22 I The Docket I February/March 2018

schools outside of Colorado. While those examinees may be able to retake a bar prep course, they don’t have access to the same or similar CU/DU programs. They may lack the support systems of their fellow law school classmates. They might not have a job or access to as many local job search tools and programs as do those from the Colorado law schools. As a profession, we need to do more to cultivate compassion and connections to welcome these newest members of the legal profession. We could be providing support beyond the exam prep and addressing the wellness issues related to retaking the Colorado Bar Exam. This is where you come in.

Only someone who did retake the bar exam before passing can honestly say she or he knows what it’s like to “fail” the exam.

Having gone through it, you have the opportunity to provide empathetic understanding in a way that first-time passers simply cannot. You can identify with the multitude of feelings and anxiety between learning of your failing and passing scores. Maybe you also learned some things about yourself in the process, like your ability to overcome adversity or to let go of who you think you are supposed to be and just embrace who you are. Despite those initial feelings, you learned that failing the bar exam was not the worst thing in the world and, hopefully, that you were not alone in the process. The gifts you received from that experience will take on even greater meaning when you are willing to share your story with someone going through the same struggles now and in need of a compassionate perspective.

On behalf of the New Lawyers Working Group, I invite you to participate in this wellness initiative. As a starting point, we offer you two opportunities to share your experience. First, through the Colorado Attorney Mentoring Program, we need lawyers to provide one-on-one mentoring specific to the experience of retaking the bar exam. You can do that by signing up to mentor with CAMP. Second, we need lawyers willing to share their retake stories in a short video to be viewed as a resource to exam re-takers. We know that nobody wants to admit they’ve failed at anything, let alone the bar exam. You don’t want to remind yourself or your professional peers who have already forgotten about

your retake, and you certainly don’t want to “out” yourself now to those who had no idea you had to retake the bar exam. While humility and vulnerability are difficult, they can be such great gifts. So, I’ll start out asking you to share your story by telling you that I wouldn’t ask you do anything that I’m not willing to do myself.

I took the Colorado Bar Exam four times in two years. I went to law school in Minnesota, and the only other person from my class now in Colorado passed on the first try. While surrounded by a supportive family, I felt so alone. I was disappointed in myself and felt like I had let my family and friends down as well. I was so grateful that I already had a job as a District Court Law Clerk in Adams County. I had only been there two months. What would everyone I worked with think of me? I questioned my decision to take the Colorado exam, where I needed a score of 276 to pass, instead of the Minnesota exam where I would have only needed

WE NEED TO DO MORE TO CULTIVATE COMPASSION AND CONNECTIONS TO WELCOME THESE NEWEST MEMBERS OF THE LEGAL PROFESSION. a 260. I had already been blessed with a first career before law school. What was I thinking? Why did I ever put myself through all of this in the first place? Where would I get the strength to do it all again? Thankfully, I had the benefit of a lot of life experiences to look back on for guidance and frequent reality checks.

Each time I fell short of the 276 point passing score, I allowed myself to get through the initial disappointment and self-doubt before taking a close look back at the many opportunities disguised as obstacles that life had previously presented to me.

My only dream as a kid was to go to college. That seemed nearly impossible for a Mexican American girl whose father was an immigrant, whose parents were divorced farm laborers who never graduated from high school, and who had a family history of alcoholism, domestic violence and poverty. It simply took a little looking back on my life to come to the conclusion that getting to retake the bar exam was a huge blessing and a gift that not everyone had the opportunity to do in the first place. Giving up on my goal of practicing law was simply not an option. So many times life had taken me off the path I had mapped out for myself, and somewhere along the way I had learned to embrace the detours.

More importantly, I couldn’t have persisted without the loving support of family, friends and other lawyers. While I knew my family believed in me and wanted to support me in any way possible, I couldn’t fully explain to them what it was like to go through the bar exam experience. The support of lawyers and

judges around me was a huge and positive influence in my attitude, confidence and persistence. For most of those “bar exam years,” I was fortunate to be clerking with Judge John Popovich.

On many occasions, he reminded me that the exam was a difficult one, but that it was just a written test that was in no way representative of the type of lawyer he knew I would be. He never treated me any less than any lawyer or judicial officer who walked into our courtroom. He reminded me of the things in life that are really important and modeled professionalism in ways that no bar exam could even begin to cover.

Also, I will never forget the day that Judge Tom Ensor took the time to talk with me after learning I had, again, not passed.

He had observed my disappointment and frustration and knew I was hurting. At that point, some people didn’t even have the words to express encouragement as they may very well have been having some of the same thoughts I was having: would I ever pass the bar exam? Instead of saying nothing to avoid the awkwardness of the situation, for a moment he was my “courthouse dad” that I really needed. He gave me a hug and reminded me that I was loved and valued by my courthouse family. He, too, wanted to assure me that the bar exam was no indicator of my ability to practice law and be the kind of lawyer that makes a difference.

He wanted me to know that there were plenty of lawyers who went in and out of our courthouse every day that had to retake the bar exam but, for whatever reason, didn’t want to admit it.

Without ever naming names, he assured me that I was in excellent company, definitely not alone, and that when I did finally pass it was going to be all that much sweeter. He was so right.

The day I finally saw my name on the pass list, I was in the courtroom in the middle of our morning docket. I had been too anxious to look. Seeing my name on that list was pure joy! As calmly as I could, I got up from my desk on the side of the bench, walked out into the hallway, literally jumped up and down, and did the happiest dance I could sneak in before walking back into the courtroom. That was over 10 years ago. Since then, I’ve been blessed with a great career, filled with many professional and leadership opportunities, both in the legal profession and in the community. Along the way I’ve had more setbacks and successes, with the continued support of those same friends, family and my “courthouse dads.” As I continue to set and achieve new personal and professional goals, I’m so grateful for the blessings that came from the experience of retaking the bar exam and the opportunity to share the same support that was provided to me. D If you are one of the increasing number of lawyers who was admitted to practice after having to retake the bar exam, please consider mentoring through CAMP or sharing your story as part of a video which will also highlight resources available through the Colorado Lawyers Assistance Program (COLAP) and CAMP. To mentor retakers, you can create a mentoring profile at www.camp.chronus.com and select “Overcoming Unsuccessful Bar Exam Results” as a mentoring area of competency. To share your story on video, email Mariana Vielma at mvielma@adcogov.org or Emma Garrison at Garrison@wtotrial.com.

February/March 2018 I The Docket I 23

CIVICS EDUCATION

By Sarah Coleman

arlier this year, I taught a free four-part lecture series on American Government through two of my local libraries. I want to share this experience with other lawyers and encourage you to make civics education part of your volunteer activities. My dream is to have a lawyer in every library in Colorado sharing their knowledge with community members. I believe there is a simple recipe for success in bringing civics education to the public: lawyers, libraries, and constitutional literacy. I’ll break down each of these elements and explore their role in civics education.

Lawyers I had two reasons for wanting to design and teach this course and both were central to my identity as a lawyer.

First, I was inspired to teach civics education because of the widespread misunderstanding of basic governmental functions,and serious gaps in knowledge about civics that I saw during the 2014 election cycle. I recognized an opportunity to work within my community to change this.

Unfortunately, I wasn’t surprised by the seemingly low level of civic knowledge. I took AP US History in high school and was a history major in college. Even with this education, it wasn’t until 24 I The Docket I February/March 2018

I went to law school that I saw the whole picture, filled in the gaps and corrected my misunderstanding about government.

It’s a sad commentary that it takes a law school education to demystify civics.

With our education, lawyers have a unique skill set and perspective to provide community-based civics education. Although other professions might offer a more in-depth look at one aspect of government or another, we are trained to holistically evaluate the structure, function, limitations and application of government activity. Further, lawyers are trained to distill complex ideas into manageable chunks of information. We do this every day with our clients.

Second, I wanted to teach a civics course to fulfill my professional obligation to use my law license to improve my community. I often think of the Colorado Attorney Oath of Admission. As part of the oath, all Colorado lawyers solemnly swear to use our “knowledge of the law for the betterment of society and the improvement of the legal system.” At the time I taught the classes, my license was on inactive status as I took a career break to be a stay-at-home parent. Because I was not in active practice and did not have a pro bono target, I decided to offer a free civics education course to satisfy this portion of the

Oath of Admission.

Lawyers are already an incredibly civic-minded group. I’d like to encourage us, as a profession and as a community, to embrace the role of civics educators.

Libraries In an offhand comment, I mentioned to a librarian friend that I was thinking of designing and teaching a civics education course. Within 24 hours, I had an enthusiastic offer to work with the library to bring civics education to their community members.

Libraries are a perfect nexus between lawyers offering civics education and community members receiving that education. Libraries are deeply committed to providing community-based education open to people of all levels of income and education. Libraries have the resources to facilitate teaching. They usually have tools such as a projector, computer, white board, etc., and have established and efficient ways of sharing information about their upcoming events and programs, taking the onus off the educator to bring people in the door.

My experience is that library staff were, without exception, excited to facilitate civics education and extremely pleased to be able to offer a

With our education, lawyers have a unique skill set and perspective to provide community-based civics education. free program to their patrons.

Constitutional Literacy My aim was to give a “30,000 foot view” of how the states and federal government interact, how the branches of the government interact, and how the government interacts with individuals. I wanted people taking the course to not only have a big picture understanding of the government; I wanted them to leave feeling more empowered and confident in dealing with their government.

We covered federalism (enumerated powers and police powers, the 10th Amendment, the Supremacy Clause), Congress (structure and organization, legislative path, enumerated powers including necessary and proper clause, tax and spend clause,

commerce clause, post-Civil War Amendments), the judiciary (structure and organization, jurisdiction, composition of the Supreme Court, standing, ripeness, and mootness), the executive branch (presidential inherent powers, electoral college, foreign policy, impeachment and civil suits, creation of administrative agencies, rulemaking and adjudication), due process (sources, notice and opportunity, overview of civil procedure and evidence), fundamental rights (Bill of Rights, recognition of new rights, incorporation, state actor requirement) and equal protection (rational basis, intermediate scrutiny and strict scrutiny).

I expected a few bored individuals to wander into one or two of the classes. Happily, both course attendance and participation far exceeded my expectations. For each of the lectures, 20–30 people showed up and peppered me with questions about the course materials and things that they heard on the news.

I taught two rounds of the four-week course in the months following the inauguration. At that time, immigration ban lawsuits were playing out in the courts and Justice Gorsuch and cabinet members were moving through the appointment and confirmation process. I kept the course non-partisan, but current events served as an excellent backdrop for course materials.

I asked attendees to give me feedback on the course. Of the people who completed the survey, 84 percent strongly agreed that they increased their knowledge and understanding of the Constitution and 84 percent strongly agreed that they felt more confident in engaging with their government. The background of attendees varied widely, but all attendees took something positive from the course. One attendee said “great course, thank you!

I really can’t recall having a class in gov’t/civics ever—maybe in elementary school. My grasp of gov’t function/judicial function has been very thin and this class helped immensely.” Another attendee said, “I was a Political Science major undergrad, have a Master’s in Public Administration, and worked for legislative and executive branches for a total of 35 years. I thought I knew all there was to know about government but I learned a lot in each session. This class is a terrific public service.”

We seem to have entered a new era of civic awareness and engagement. We do a rather poor job of educating our citizens to understand and participate in our government. People are so hungry for a deeper understanding, so we have a lot of room to improve civics education. More and more people are interested in “constitutional literacy.”

I encourage lawyers to consider civics education as part of our broader professional obligations and as part of our volunteer activities. It is a rewarding experience and a fun way to use our skills “for the betterment of society.” You can create your own course as I did or work with the many fine organizations focused on civics education. I am also happy to share my course materials with anyone who is interested. D Sarah Coleman is the owner of Coleman Law, LLC which offers on-demand freelance legal services to Colorado attorneys. She can be reached at sarah@colemanlaw.org

February/March 2018 I The Docket I 25

GET TO KNOW YOUR DBA YLD CHAIR

By Gwen Abler

JIM FOGG “What do you want to be when you grow up?” Or more appropriately, “Where do you see yourself in five to 10 years?” Questions like these make children giggle, college students flinch, law students pause, and even cause lawyers to be at a loss for words. Not Jim Fogg.

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Jim, a Colorado native, always knew that he wanted to be a lawyer. His dad is a lawyer, so he grew up learning about the legal profession and learning that it was (at its core) a profession about helping people. He was interested in what being a lawyer actually meant at the end of the day. Helping people provides Jim with a motivating factor, other than money, to not only come to work but to work hard. rs.”

According to Jim, “It would be difficult to go to work every day if the bottom line was to make money. Although being an attorney is an extremely difficult career path, the hard work that is required is worth it because I know that I am making a difference in someone else’s life. I am interacting with folks at the worst time of their life. Being able to help them navigate their problems and shoulder their problems is obviously stressful, but motivating. The core idea that I am helping people makes it easy to work the long hours.”

The fact that his skill set is attuned to writing and reasoning instead of math and science only pushed him toward degrees that lent themselves to law. Jim joined his high school mock trial team, pursued a degree in environmental studies and eventually worked for a law firm in college, which affirmed that he would enjoy the challenges and clients that a profession in law presents. Yet, if you asked 1L Jim what field he would be entering, he would have said environmental law.

So how does one switch from environmental law to business litigation, malpractice, and trust and estate law? Jim equates this change to his mock trial experiences. Since his first practices in high school, he learned that he loved the thrill of arguing in the courtroom, meeting with his mentor attorneys, making directs, playing a witness and even presenting an opening without practice (since another member ditched a competition). The trial team in law school reaffirmed his love for mock trial. Even though he pursued opportunities with both environmental law and trial litigation in mind, Jim decided at the end of the day that arguing in a courtroom was more exciting for him and he would be able to directly help clients.

However, entering the “real world” was still difficult. Even with his courtroom experience, academia did not prepare him for the challenging transition into a career. Within academia, Jim only had to worry about the consequences of his actions.

Working with clients meant that his actions affected others, a stressful and challenging idea to come to grips with right out of law school. Although working with clients provides deep satisfaction and motivates him to work hard, he realizes that it is difficult to transition out of law school.

As the Chair of the DBA YLD, Jim knows that the world seems much bigger and more complex after leaving law school because he underwent that transition as well. Navigating the legal community is challenging, but he wants the DBA and DBA YLD to help young attorneys get adjusted to the legal community. He enjoys getting to know people who are going through this transition and helping them because by doing so, Jim is giving back to the community as a whole. By finding ways to make the process easier and sharing ideas on how to navigate the legal community successfully, Jim hopes to make an imprint on the Colorado legal community and make it more inclusive to newly admitted attorneys.

His advice for young attorneys: 1. Find a regimen or routine that works for you because routines make things easier. Once you understand that baseline routine, realize that there will be periods when your routine goes out the window. So work hard, knowing that you’ll be able to slow down and regain that routine.

2. Reach out to more experienced attorneys and ask how they balanced the transition from law student to lawyer.

3. Take all the advice you can get but use your own judgment to decide which advice is good or bad.

4. Have fun. Enjoy being an attorney.

Finally, find time to pursue other hobbies. In his spare time, you may find Jim running with Gus the Aussie-doodle, fly-fishing, attempting to play golf or traveling with his wife, Becca. Yet no matter if Jim is in court or fly-fishing or practicing his golf swing, he always wants to help young attorneys. Jim is always looking for feedback on how to make the DBA YLD better for its members.

Whether it is having more events to enhance skills or simply network, Jim wants to help young attorneys with the transition into the “real world.” Hopefully, when asked, “Where do you see yourself in 10 years?”, even if you do not know the answer, you will know that the DBA YLD can provide the resources to help you get there. D

February/March 2018 I The Docket I 27

MARCH BRINGS SPRING FLOWERS,BASKETBALL MADNESS, AND THE ASSOCIATES CAMPAIGN TO SUPPORT LEGAL AID

By Kyle W. Brenton

LAF Associates Campaign : Amount Raised Per Year $180,000.00 $160,000.00 $140,000.00 $120,000.00 $100,000.00 $80,000.00 $60,000.00 $40,000.00 $20,000.00 $0.00

2005

2006

2007

2008 2009 2010

f it’s springtime in Denver, many at local firms know that they will soon get a knock on the door, their phones will ring, and their inboxes will fill up with emails from their peers asking them to donate to the Legal Aid Foundation of Colorado as part of the annual Associates Campaign.

And they will answer that call. In 2005 — the inaugural year of the campaign — 125 individuals at 10 Denver firms donated almost $9,000. Fast-forward 12 years, and in March of 2017, over 1,200 individuals at 57 firms gave nearly $164,000 to legal aid. The Associates Campaign has become an integral part of the Foundation’s work, both from the perspective of dollars raised and in terms of building relationships with the next generation of Colorado attorneys.

Before the 2018 Associates Campaign kicks off March 1, it’s worth taking a look at the Legal Aid Foundation, the history of the Associates Campaign, and the structure of this unique and 28 I The Docket I February/March 2018

2011 2012 2013 2014 2015

2016

2017

very successful annual fundraising effort led by young lawyers.

What Is the Legal Aid Foundation?

The Legal Aid Foundation is a crucial part of the well-coordinated and interlocking system that has developed in Colorado for providing civil legal services to low-income Coloradans.

The Foundation was created in 1981 in response to major funding cuts to the Legal Services Corporation, the federally-funded entity that provides operating funds to civil legal aid programs around the country, including Colorado Legal Services. When Reagan-era budgets slashed funding to the Legal Services Corporation, Colorado lawyers formed the Foundation to raise money from attorneys to help bridge the gap.

Colorado Legal Services employs 50 full-time lawyers in 13 offices around the state. These attorneys provide free legal assistance to low-income Coloradans (usually those making less

than 125 percent of the federal poverty line, or roughly $30,000 for a family of four) in areas as diverse and critical as family law, domestic violence, consumer and debt matters, housing disputes (including foreclosure and landlord/tenant problems), and benefits work for seniors and veterans. CLS attorneys provide a wide range of legal services, from drop-in clinics and legal advice over the phone through full representation in administrative proceedings and in court.

Supporting this critical legal work is the mission of the Foundation and of the Associates Campaign.

What Is the Associates Campaign?

The Legal Aid Foundation has a robust Law Firm Campaign, where participating firms commit to giving a particular amount per attorney at the firm each year. In 2005, Law Firm Campaign Committee member and Davis Graham & Stubbs lawyer Kenzo Kawanabe became concerned about expanding individual support for legal aid and educating the next generation of law firm leaders about the enormous unmet need.

“I was a young partner making these fundraising calls to firms, and I started to wonder what would happen when the lawyers who had been through the legal aid funding crisis in the 1980s were no longer the ones making the decisions about how their firms allocated their charitable giving,” said Kawanabe. “If the Foundation was going to continue to thrive, I knew it would have to continue to build relationships with future generations of Colorado lawyers.”

To that end, Kawanabe decided that the most fruitful resource the Foundation could tap was “the inherent competitiveness of associates.” He conceived of the Associates Campaign as a month-long competition led by associates at Denver law firms to see which firms’ associates could raise the most money.

From the start, the Associates Campaign was a success, but its growth over the years has been extraordinary. In 2005, 125 individuals from 10 firms gave $9,000, and last year 1,244 individuals from 57 firms gave nearly $164,000. And perhaps most impressive is that 35 of the 57 firms achieved 100 percent participation, which is to say every one of the associates at those firms made a gift to support access to justice.

LAF Trustee and Holland & Hart lawyer Jon Bender formed the Associates Advisory Board — a group of young lawyers from Denver that meets regularly throughout the year to plan the campaign. The members of this Board use their personal contacts to recruit firm representatives from new and returning firms, and brainstorm new ways to boost participation and raise awareness about the campaign and the importance of the rule of law, access to justice, and civil legal aid.

What Are the Details for This Year?

In 2018, the Associates Campaign is poised to have its most successful year yet. The campaign maintains the competitive structure it has had since its inception, but firms now compete in three different divisions, for small, medium and large firms. The competition measures success in several different categories: total dollars raised, total number of donations from all sources, improvement in participation from year to year, and — the most competitive category — highest per capita associate donation.

The campaign also recognizes those firms that reach the most important goal of 100 percent participation among associates. This category serves the original purpose of the Associates Campaign: making sure that as many young lawyers as possible know about the important work of Colorado Legal Services and the Foundation, and building a habit of giving to support civil legal aid.

So when March 1 rolls around, the legal community will be opening their doors, answering their phones, and responding to their emails in droves, all to support the Legal Aid Foundation of Colorado and Colorado Legal Services.

Kyle W. Brenton is a senior associate at Davis Graham & Stubbs, where he specializes in appellate practice. He has been a member of the LAF Associate Advisory Board since 2014, and was the Co-Chair of the 2017 and 2018 Associates Campaigns.

If your firm did not participate last year, there is still time to sign up for the 2018 Associates Campaign by contacting Kelly Bossley, Associate Director of the Legal Aid Foundation, at 303-863-9544 or kelly@legalaidfoundation.org.

In 2013, the Associates Campaign received a big boost, when February/March 2018 I The Docket I 29

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February/March 2018 I The Docket I 31

LEGAL AFFAIRS

Clair Smith joined the CBA and DBA in June as the Graphic Designer of the Docket as well as the Docket online blog. She also handles digital media.

Brendan Baker has joined the SMITH CBA and DBA as a Writer/Editor and Communications Specialist. Brendan will edit the Docket and write features for Colorado Lawyer, BAKER alongside other communications tasks.

Coan, Payton & Payne, LLC is pleased to announce that Abe Laydon has joined the firm.

Laydon represents clients in complex commercial and residential real estate matters .

Coan, Payton & Payne, LLC is LAYDON pleased to announce that Amanda T. Huston has joined the firm. Huston focuses her practice on business law and real estate matters.

Ms. Huston holds a Bachelor of Arts degree from HUSTON the University of Northern Colorado.

David Holman joins Davis Graham & Stubbs LLP as a partner. Holman represents clients in oil and gas litigation, commercial litigation, construction litigation, and products liability litigation.

HOLMAN Erin Simmons joins Davis Graham & Stubbs LLP as a partner. Simmons represents banks, financial institutions, businesses, and private equity sponsors in complex commercial lending transactions.

SIMMONS Alison Zinn joins Lathrop Gage as a partner, bringing valuable experience as a trial attorney whose litigation practice is focused on trust and estate litigation, particularly disputes involving wills, trusts, guardianships, ZINN conservatorships, probate fiduciaries, beneficiary disputes, and heirs/beneficiaries.

Leia Ursery joins Lathrop Gage as of counsel, specializing in estate planning, estate and trust administration and protective proceedings.

Additionally, she has extensive experience in probate litigation, breach of fiduciary duty and URSERY removal actions, fiduciary surcharge actions and asset recovery actions.

Doug Traeger joins Lathrop Gage as of counsel and brings a wide range of fiduciary experience and knowledge. He specializes in estate planning, estate and trust administration, estate and trust litigation, guardianships and conservatorships, TRAEGER and elder law.

Wells, Anderson & Race, LLC is pleased to announce that David W. Hall has joined the firm as an associate attorney. Hall’s practice focuses on construction law, premises liability, insurance coverage and defense, and complex commercial HALL litigation.

Frie, Arndt & Danborn P.C. is pleased to announce that Patrick R Thiessen has joined the firm. Thiessen will continue to focus his practice on elder law , estate planning and probate.

CHANGES Coan, Payton & Payne, LLC is pleased to announce that Steve Suneson has been elected to the board of directors for the Rocky Mountain Chapter of the Alliance of Merger & Acquisition Advisors®. Mr. Suneson practices in the areas SUNESON of business law and commercial transactions, including mergers and acquisitions, commercial contracts, secured transactions, private equity, and corporate structure and governance.

NEW FACES Attorney Maureen Watson, DBA Board of Trustees member and VP/General Counsel at CQG, Inc., and husband Jonathon Watson, of Sherman & Howard, welcomed daughter Avery Romance Watson to their family on December 13, 2017.

AVERY

IN MEMORIAM It is with great sadness that we announce that our friend and collegue, Anne Grasee passed away on November 23rd, on Thanksgiving morning. For those of you who knew Anne and worked with her over these many years, she was a kind and beautiful person inside and out and a wonderful care manager.

She took on many difficult guardianships and case management cases over the years and always approached them with calmness, wisdom and compassion. We will all miss her.

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

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Financial Assistance for Colorado Lawyers

WATERMAN FUND Provides financial assistance for “aged, infirm, or otherwise incapacitated lawyers who have practiced in Colorado for a minimun of ten years.” denbar.org/members/waterman-fund Waterman Fund 1900 Grant St., Ste. 900 Denver, CO 80203 PHONE 303-824-5319 I FAX 303-861-5274

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.

COLAP The Colorado Lawyer Assistance Program (COLAP) is an independent and confidential program exclusively for judges, lawyers and law students. Established by Colorado Supreme Court Rule 254, COLAP provides assistance with practice management, work/ life integration, stress/anger management, anxiety, depression, substance abuse and any career challenge that interferes with the ability to be a productive member of the legal community.

COLAP provides referrals for a wide variety of personal and profes-

sional issues, assistance with interventions, voluntary monitoring programs, supportive relationships with peer volunteers, and educational programs (including ethics CLEs).

For more information, or for confidential assistance, contact COLAP at 303-986-3345 or visit coloradolap.org.

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.

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.

February/March 2018 I The Docket I 33

PICTURE THIS GORSUCH VISIT The William E. Doyle Inn of Court leadership held a luncheon at the Capital Grille in Denver's Larimer Square with longtime Inn member Justice Neil Gorsuch on November 14, 2017.

President of the Doyle Inn Wadi Muhaisen bestowed Honorary Membership on Justice Gorsuch on behalf of the Inn’s Executive Committee. The group discussed a wide range of issues during the luncheon, including the Justice’s transition to the United Supreme Court, and professionalism and civility on the occasion of Colorado’s Professionalism Month and the American Inns of Court National Conversation on Civility.

Justice Neil M. Gorsuch, center, with President of the Doyle Inn Wadi Muhaisen and other members of the Inn of Court leadership.

CLE AUTHOR AND FACULTY RECEPTION On December 4, Colorado Bar Association CLE hosted its annual “Faculty and Author Thank You Reception” with more than 120 faculty and authors in attendance. The annual event is a way for CBA-CLE to thank the dedicated authors and faculty who contribute an incredible amount of energy and time to help produce outstanding legal resources for attorneys in Colorado. The 2017 Richard N. Doyle CBA-CLE Award of Excellence was presented to Frank T. Hill, a solo practitioner from Lakewood. Frank Hill has been a stalwart member of the CBA’s Trust and Estate Section since his admission to practice in 1973. Frank has been active on the Orange Book Forms Committee and Rules and Forms Committee of the CBA Trust and Estate Section for many years. He welcomes all attorneys to the meetings, treating the newest attorneys with the same dignity and respect as he treats his long-

34 I The Docket I February/March 2018

standing colleagues. He is kind and humble, frequently referring to himself as the “committee curmudgeon,” but he is intelligent and thoughtful, and he gracefully guides committee discussions while demonstrating the utmost respect for his peers.

Frank was instrumental in the redesign of the CBA-CLE publication, Orange Book Forms: Colorado Estate Planning Forms. He altruistically donated his time and energy to the redesign with the hope that it would be useful to the attorneys of tomorrow.

Frank is also a frequent speaker at CBA-CLE programs, presenting at the annual CBA-CLE Trust & Estate Retreats and many of the spring and fall CBA-CLE Trust & Estate Updates.

FROM LEFT: Susi Hoyt, CBA-CLE Legal Editor, with Frank Hill and his two sons, Brendan and Duncan at the 2017 CBA-CLE Author & Faculty Reception

SENIORS HOLIDAY PARTY The annual Seniors Holiday Party was held in the DBA offices on December 15. Senior bar members, both active and retired, met to catch up with friends and colleagues while enjoying a hot buffet and holiday decorations.

CDLA SNOWPILE POST EVENT RELEASE Members of the Colorado Defense Lawyers Association (CDLA) delivered 41 donated children’s bicycles and helmets to Children’s Hospital’s “Snowpile” event on December 20.

The bikes were purchased with funds raised at CDLA’s annual “Hub’s Pub,” a fundraising social event honoring Daniel M. Hubbard, a former CDLA member who suffered a fatal cardiac event while cycling home from work in 2011. Patients and their families were able to “shop” for holiday presents at the hospital and to choose whichever bikes were best for their purposes. Specialized Bicycles and Wheat Ridge Cyclery played a crucial role, providing discounted bikes and helmets and assembling the bikes in their own version of “Santa’s Workshop.” The CDLA has raised more than $59,000 in recent years to fund its annual bicycle donations.

SABA-CO'S INAUGURAL COLORADO FUNDRAISER GALA The South Asian Bar Association of Colorado (SABA-CO) hosted its First Annual Gala on November 9 at India’s Restaurant in Denver. SABA-CO President Surbhi Garg welcomed the sold-out room of guests and highlighted many of SABA-CO’s successes over the past two years.

The event’s keynote speaker was Arjun Sethi, a prominent South Asian attorney, activist, and writer. Sethi is an adjunct professor at Georgetown University Law Center and Vanderbilt University Law School and co-chair of the ABA’s National Committee on Homeland Security, Counterterrorism and Treatment of Enemy Combatants. He spoke of injustices faced by marginalized communities, including South Asians, and spoke to the need for multicultural approaches to resisting oppression and working toward equality. He also suggested best practices for speaking out against hate and bigotry.

The gala featured traditional South Asian cuisine and an energetic performance by Mudra Dance Studios. The evening closed with PresidentElect Yamini Piplani sharing her vision for SABA-CO in 2018.

FROM LEFT: Surbhi Garg, Arjun Sethi, and Neeti Pawar | CU law students Francis Mascarenhas and Kunal Parikh with lawyer-turned-entrepreneur Sana Hamelin, owner of Denver Cat Company. | Networking in Action.

February/March 2018 I The Docket I 35

A FAMILIAR FACE IN REAL ESTATE IS COMING TO OUR PLACE Julia T. Waggener, Esq. joins our panel on March 1, 2018 AREAS OF EXPERTISE • • • • • • • •

Real Estate Contracts Easements and Deeds Roads/Access Issues Adverse Possession Boundary Disputes Leases Title and Title Insurance

410 17 TH STREET, #2440 • DENVER, CO 80202 WEB: jamsdenver.com • PHONE: 303.534.1254 36 I The Docket I February/March 2018

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Mortgages/Loans Brokerage Construction Owner Association Matters Eminent Domain General Commercial and Business Matters

Dispute Resolution Systems