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Bar Association
I Vol.
3434
Issue
2012 2012
A DenverDenver
Bar Association
Publication
I Vol.
Issue3 7I March
I July/August
Inside
Prosecuting
Misconduct
in Arizona:
A Conversation
with John Gleason
the Gavel to
Passing
a new
DBA President
Jim Benjamin brings business savvy to new role
by Matt Masich
Brian Boatright:
Jeffco Attorney to
Colorado Justice
by Scott Challinor
More Than a
Gumshoe: What
a PI Firm Can
Do for You
by Grant Linhart
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2 The Docket I July/August 2012
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Executive Director
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©2012 Special Counsel, Inc. All rights reserved.
Vol. 34 Issue 7 I July/August 2012
ON THE COVER
4
Introducing the DBA’s 2012–13 President
7
2012–13 Denver Bar Association Governance
10
What You Didn’t Know a
Private Investigation Firm Can Do for You
14
‘All Kinds of Horrible Things Happened’: Investigating
the Biggest Ethical Misconduct Case in the Nation
16
For Newest Justice, Sitting on a Bench Was ‘Never the Plan’
FEATURES
8
Walking the Path of the Professional
11
There’s a Word for That
12
On the Wings of a Pegasus Scholarship:
Part Two of a Two-Part Story
18
Mean Girls? Perceptions of Women in the Practice of Law
7
IN EVERY ISSUE
23
Briefs
26
Legal Affairs
28
Dates on the Docket
30
Picture This
THE DOCKET
A Denver Bar Association publication. Views
expressed in articles are those of the author
and not the views of the author’s employers,
The Docket Committee, or the Denver Bar
Association, unless expressly stated. Deadline
for articles is five weeks prior to the issue
date; for example, February articles are due
(on disk or by email) Dec. 19. To advertise,
call Alexa Drago at (303) 824-5313.
DOCKET COMMITTEE: Mariya Barmak,
Norman Beecher, Becky Bye, Scott Challinor,
Michael J. Decker, Craig C. Eley, David L.
Erickson, Loren R. Ginsburg, Rebecca I.
Gumaer, Ryan T. Jardine, Thomas L. Kanan,
Jr., Robert J. Kapelke, Paul F. Kennebeck,
Natalie Lucas, Alicia J. McCommons,
Daniel R. McCune, Margaret McMahon,
Douglas I. McQuiston, William R. Meyer,
Christopher Mommsen, Siddhartha H.
4
18
22
12
11
Rathod, Gregory D. Rawlings, Frank J.
Schuchat, Marshall A. Snider, Daniel
A. Sweetser, Erica Vargas, Anthony
J. Viorst, Dennis P. Walker
DBA OFFICERS: James G. Benjamin,
President; Daniel R. McCune, PresidentElect; John M. Vaught , First Vice
President; Gillian M. Bidgood, Second Vice
President; Ilene Lin Bloom, Immediate Past
President; Daniel A. Sweetser, Treasurer
BOARD OF TRUSTEES MEMBERS: Catherine
A. Chan, Janet Drake, Nicholas Ghiselli, Vance
O. Knapp, Barbara J. Mueller, Lucia C. Padilla,
Meshach Rhoades, Frederick B. Skillern
Andrew M. Toft; Chuck Turner,
Executive Director
(303) 860-1115
denbar.org/docket
Copyright 2012. The Docket (ISSN 10847820) is published monthly, except for the
combined issue of July/August, by the Denver
Bar Association, 1900 Grant St., Suite 900,
Denver, CO 80203-4336. All rights reserved.
The price of an annual subscription to
members of the DBA ($15) is included
in their dues as part of their membership. Periodicals postage paid at Denver,
CO and additional mailing offices.
POSTMASTER send address corrections to
The Docket, Denver Bar Association, 1900
Grant St., Suite 900, Denver, CO 80203-4336.
EDITOR: Sara Crocker
P.C. EDITOR: Chuck Turner
GRAPHIC DESIGNER: Kate Schuster
July/August 2012 I The Docket
3
Introducing the DBA’s 2012–13 President
‘Ultimate Lawyer’ Benjamin Steps Up to New Role
lawyer and the other was accountant.
Another student had drawn lawyer as
a career, so Benjamin had to write his
report on being an accountant.
O ther than that , “it never
changed,” Benjamin said.
California Boy with Colorado Roots
by S ar a C ro cke r
T
o hear Jim Benjamin talk about
his path to becoming a lawyer, it
may seem that it simply was fate.
From the age of 5, Benjamin was told that
one day he would take over his uncle’s law
firm in Colorado.
There was just one time when his
seemingly inevitable path to becoming
a lawyer took a turn in another direction. When Benjamin took a test in high
school to determine what career he was
most suited to, like the other students,
he received a few career options. One was
Benjamin grew up in the idyllic town of Granada Hills in Southern
California. He was a typical California boy—surfing, rodeoing, and later
attending the University of Southern California, where his paternal
grandfather was head of the history
department.
His mother, who is originally from
Colorado, had family there, and the
Benjamins would visit in the summers.
It sparked a lifelong love—fly fishing.
His uncle Bill Mason, the attorney, would
take him fishing when the family visited.
“He took me to the most fabulous
places,” Benjamin said.
His favorite trip was to go on horseback into the flattop wilderness near
Buford. He’s fished around the country,
and enjoys the challenge the sport brings.
“You’ve got to figure out what it is
that’s going to entice these fish, how can
I present it to them perfectly, and then
there’s the little adrenaline rush when
they hit the fly—and you’re out in the
middle of nature,” Benjamin
said. “There’s no phones, no
faxes, most places no cellphone service, and you’re
enjoying the beauty of Colorado.”
Benjamin admired his father, Gilbert,
and his career in the FBI. He was involved
in exciting cases such as the Frank Sinatra,
Jr. kidnapping; the investigation of assassin Sirhan Sirhan; and, in the aftermath of
the assassination of Martin Luther King,
Jr., identifying shooter James Earl Ray,
which led to his arrest.
“I always wanted to be a U.S. Attorney. I wanted to be a prosecutor. I wanted
to do federal cases,” Benjamin said. “I was
following closely in my father’s footsteps.”
While in law school, he paid his way
by working full time at Security Pacific
National Bank.
“I would open the bank at 8 o’clock in
the morning, I’d close the bank at about
5:15 at night, I’d jump in my car, I’d run
down to night classes at Loyola University–Los Angeles, and I’d go to law school
from about 6 to 11 every night, five nights
a week,” Benjamin said.
It was a hectic schedule, but Benjamin persevered and graduated a semester
early. While in law school, he set himself
on a track to become an in-house counsel
at the bank, and did so when he graduated
and passed the bar. Though Benjamin
had a fantastic mentor, his hours were
long, as was his commute. After one such
drive, aggravated by rain, he got home
and plopped onto his sofa. He didn’t even
have the energy to turn on his television.
He realized this wasn’t the kind of life he
wanted.
“I signed up to take the Colorado bar
exam the next morning,” he said.
Building a Practice
After passing the bar in Colorado, Benjamin couldn’t be sworn
in with the other new admitees—at
the time there was a requirement
of residency, and Benjamin had
not yet found a place to live. Once
he settled, his aunt suggested that
he call her friend Jimmy, who was a
Above, a young Jim Benjamin smiles with his uncle Bill Mason, who was an attorney in Rifle. Mason also taught Benjamin judge, to swear him in. Jimmy was
and his sister, who was born in Colorado, the joys and rewards of fishing there.
Colorado Supreme Court Justice
James K. Groves.
When Benjamin called, he and the
justice had a surprising exchange. Benjamin called the number his aunt had given
him. When the other line picked up, he
explained who he was and asked if he was
speaking to Groves’ clerk.
“He said, ‘Well, no. You want to talk
to my clerk?’” Benjamin recalled.
Benjamin was surprised the justice
had answered his office phone, and said,
“You mean this is Justice Groves?” Groves
replied, “Isn’t that who you called?”
When he later had his private swearing in with the justice and his aunt, he
realized how special the moment was, as
well as the community he was joining.
“The first thing that made me fall in
love with practicing law here was when I
was sworn in,” Benjamin said.
Throughout Benjamin’s life, his uncle
kept up his promise, writing to Benjamin
that he was looking forward to him joining the practice in Rifle when he finished
law school and passed the bar. In Benjamin’s second year of law school, his uncle
passed away. His aunt sold the practice,
but with a stipulation that Benjamin
would have the opportunity to join it. He
had planned to get there, but wanted to
get more experience in Denver before he
moved.
In Denver, Benjamin worked at firms
large and small, practicing litigation and
transactional work. He built a practice
specializing in transactional real estate
and joined Roath & Brega in 1981. When
The Benjamins, from left, Troy, Brittany, Isabella, and Jim.
he started, the firm had 22 attorneys; it
eventually grew to 98. It was “as great an
accumulation of superb lawyers as you
can imagine,” Benjamin said.
With legal greats like Larry Atler,
Harold Bloomenthal, Ed Barad, John
Birkeland, Chuck Brega, Carl Eklund,
David Stark, Ted Gelt, and Roger Thomasch, it was “a place where you had to have
something shielding you to not end up
learning an awful lot,” he said.
In 1991, he started what is today
Benjamin Bain Howard & Cohen. One of
their biggest clients was the Denver Technological Center, and Benjamin has been
able to see that area expand.
After working in so many facets
within the law, Benjamin has found that
he most enjoys working in a small firm.
“The small firm just feels more like a
family,” he said. “It’s more laid back.”
Throughout his career, Benjamin
has established a solid reputation. Steve
Clarke engaged Benjamin after working
with him across the table in a real estate
transaction because he appreciated how
well he works with others.
“He is a real student of the law and
he likes the law,” Clarke said. “He likes the
nuances of the law. He likes to get into an
issue and dissect it.”
Benjamin also regularly serves as an
expert witness. Franz Hardy, president
of the Asian Pacific American Bar Association of Colorado and a partner with
Gordon & Rees, has worked with Benjamin as an expert since he started with the
firm as a young lawyer in 2000.
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5
“They’ve been as
much involved in all
of the things in the
practice of law as I’ve
been,” Benjamin said.
“If that wasn’t the
case, there wouldn’t
be a proper balance
for sure.”
Their children
have been drawn to
Both Benjamin and incoming Colorado Bar Association President Mark Fogg are their father’s childavid fly fisherman. They are pictured at Carson Nature Center.
hood home. Troy
work s for a f ilm
“I just recall as a young lawyer being
company producing bonus features for
impressed with how he handled himself,
movies on DVD. Brittany is a case worker
how he expressed himself,” Hardy said.
at YWCA San Diego.
“It was ‘wow.’ I want to emulate the way
he expressed himself and articulates himself. That’s something that resonated with
Finding a Place in the DBA
me.”
Benjamin got involved with the DBA
Benjamin also made time for fun. He
as a young lawyer. He served on the DBA
and colleague Kurt Horton, who now is a
Young Lawyers Division Executive Coundistrict court judge in the 18th Judicial
cil in 1978–79.
District, would have a friendly compeMembers of that executive council
tition any time the USC football team
included Karen Mathis, who served as
would play Notre Dame, where Horton
president of the American Bar Associaattended and played quarterback. If Notre
tion from 2006–07; Karen Metzger, who
Dame won, Benjamin would have to disserved on the Colorado Court of Appeals;
play a Notre Dame banner over his office
and Alan Friedberg, a business attorney
with Berg Hill Greenleaf & Ruscitti.
door. If USC won, Horton would have to
“What a phenomenal group,” he said.
wear a USC tie the next day in the office.
“It demonstrates when you get involved
“I think I got the worst of that,” Horin the bar what great things it can do for
ton quipped.
your career.”
In the time Benjamin has been in
That same term, real estate attorney
Colorado, he hasn’t made it to Rifle to
Willis Carpenter was president of the
take over his uncle’s firm. He fell in love
DBA. That got Benjamin more involved
with Denver and started a family.
in the Colorado Bar Association’s Real
A Tight-Knit Family
Estate Law Section, among others. Over
Though Benjamin has focused his
time, Benjamin became more involved in
practice largely on real estate, he did hanthe leadership of the bar associations. He
dle one divorce proceeding. He learned
has served on the DBA Board of Trustees
it was a practice he didn’t want to do for
since 2010.
the rest of his career, but there was a silver lining. In the office of his opposing
Plans as President
counsel, there was a charming secretary,
Benjamin’s main goal as president
Isabella, who would become his wife.
is to ensure that the DBA continues to
“That was the only good thing that
run smoothly and that the organization’s
came out of that divorce and that was the
signature programs continue to be suponly divorce I ever did,” Benjamin said.
ported by the membership.
The Benjamins have two children
“I’m going to be the one who is going
–Troy, 30, and Brittany, 24. The family
to try to facilitate in making all the projgrew close because they did everything
ects that people before me have adopted
together, Benjamin said, from volleyball
in becoming ingrained in the system and
leagues to real estate symposiums.
operating successfully,” he said.
One of those is the DBA Mentoring Program, which in January became a
pilot program of a revamped mentoring
program launched by the Colorado Bar
Association and the Colorado Supreme
Court. It’s the kind of program that must
be focused on because of the benefits it
brings to members and the overall success
of the profession, he said.
“It’s not only good for the profession,
it’s good for society in general that we’ve
got experienced lawyers who know what
they’re doing,” Benjamin said.
Friends and colleagues are pleased
he’ll be taking on this leadership role.
“He’s known as someone whose word
is his bond,” Horton said. “He just practices at the highest ethical level.”
Colleague Larry Atler agrees, noting that Benjamin is very articulate and
a “gentleman with impeccable integrity.”
“Jim epitomizes what I consider to be
the ultimate lawyer,” he said. “He just is
top-drawer.”
Benjamin does hope he can offer the
DBA some guidance in his area of expertise.
“I’ve raised the issue of it being a
great time to be an owner of real estate or
a renter looking for new space because of
sales prices and rental rates that are available in this market,” he said.
In the next year, Benjamin plans to
work with the leadership of the bar to
determine what the best financial path
is when it comes to its office space—
whether now is the time for the DBA
to purchase property or to find the best
possible leasing opportunity. Benjamin
admits he doesn’t have any preconceptions about which answer may best suit
the DBA, but he knows the economy has
created an opportunity that cannot be
ignored.
Indeed, the legacy Benjamin hopes
to create is one that will leave the DBA
in a better economic position for years to
come.
“I hope the result of engaging in this
investigation is that 10 years from now,
we’re going to be able to say, boy we made
a good decision 10 years ago,” he said. D
2012–13 Denver Bar Association Governance
Meet Your DBA Officers
Benjamin
McCune
President
James G. Benjamin
President-elect
Daniel R. McCune
Immediate Past President
Ilene Lin Bloom
First Vice President
John M. Vaught
Second Vice President
Gillian M. Bidgood
Trustees
Catherine A. Chan
Janet Drake
Nicholas Ghiselli
Vance O. Knapp
Barbara J. Mueller
Lucia C. Padilla
Meshach Rhoades
Frederick B. Skillern
Andrew M. Toft
Young Lawyers Division Chair
Jacob C. Eisenstein
Treasurer
Daniel A. Sweetser
Executive Director
Charles C. Turner
New Board of Governors Representatives
Gillian Bidgood (second term)
Stacy A. Carpenter (second term)
Catherine A. Chan (second term)
Sarah M. Clark
Shelly Dill-Combs
Janet Drake
Nike L. Fleming
Catherine A. Hance
Bloom
Vaught
Diego G. Hunt
Craig D. Joyce (second term)
Margrit A. Parker
Gerald D. Pratt
Sal Quintana
Frederick B. Skillern
Diane Smith
Sarah A. Steinbeck
Daniel A. Sweetser (second term)
Andrew M. Toft
Emily C. Teel
John M. Vaught
Continuing Board
of Governors Representatives
Donna Bakalor
James G. Benjamin
D. A. Bertram
Ilene Lin Bloom
Jaclyn K. Casey
Sheri M. Danz
Thomas J. DeMarino
Katayoun A. Donnelly
James G. Gaspich
William W. Hood III
Jerri L. Jenkins
Vance O. Knapp
Jonathan M. Lucero
D. Scott Martinez
Daniel R. McCune
Richard M. Murray
Lucia C. Padilla
Jerremy M. Ramp
Siddhartha H. Rathod
Meshach Rhoades
Bidgood
Outgoing Officers, Trustees, and
Board of Governors Representatives
Immediate Past President
Stacy A. Carpenter
First Vice President
William H. Hood III
Second Vice President
Lucia C. Padilla
Treasurer
Richard S. Strauss
Board of Trustees
Paul Chessin
Michelle B. Ferguson
Daniel A. Sweetser
Young Lawyers Division Chair
Gillian M. Bidgood
Board of Governors Representatives
Edward D. Bronfin
Paul Chessin
Kwali M. Farbes
Michelle B. Ferguson
Richard L. Gabriel
David H. Goldberg
Kendell L. Gracey
Wesley B. Howard, Jr.
Victoria V. Johnson
Michael O. Keating
John H. Kechriotis
Jennifer Madsen
Patrick T. O’Rourke
Judith A. Smith
Richard Strauss
Daniel A. Sweetser
7
Walking the Path of the Professional
by D oug McQ uist on
But striving to measure up is essential to
our success, even our happiness, in the
ur license
profession. It is a path, not a destination,
makes us
and it lasts our whole lives.
lawyers.
One of the best books I have read
But it isn’t what
about this subject is actually not a “promakes us profesfessionalism” book at all. A while back, I
sionals. Our clients,
read an excellent novel by Steven Pressless experienced colfield. That book prompted me to learn
leagues, associates,
more about him. I discovered he had
and partners—even
a pretty impressive list of books and
our adversaries—
screenplays to his name, including “The
measure us not just
Legend of Bagger Vance.”
by our license or the quality of the legal
He also had quite a backstory. Presscounsel we give, but by our approach to
field faced decades of failure before he
the practice. In fact, it is there that our
finally got any of his works published.
professionalism is most often either
He had countless opportunities to give
apparent or found wanting.
up and even did a time or two along the
We lose sight of this in the smoke of
way. But he somehow managed, after
the “fires” we have to put out every day. I
years of wandering in the wilderness,
fail at least as often as I succeed in meato get up, struggle to his feet, and stagsuring up to the high expectations I have
ger back to the path. Only after all those
of myself, and that others have of me.
failures did he find success as a professional writer. His
failures, it turns
out, showed him
how to succeed.
He t a c k l e d
t he s u b j e c t i n
a short nonfiction book, “The
War of Art: Winning the Inner
Creative Battle”
Leslie Lawson
Dan Himelspach
(2002, Ru g ge d
Land). The book
21Years of High Quality
describes his disDispute Management Services
cover y of what
it took to be a
professional
writer. While his
views on how
to approach the
author’s life are a
little extreme, his
Freddy Alvarez
Janis Cella
Todd Mackintosh
thoughts on the
process of being
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of just getting
up every day and
O
“putting in the work,” as he puts it, are
thought-provoking.
The path is not easy. If it was, “anyone could do it,” Pressfield observes,
(rolling out the old cliché). He talks
about how “resistance,” (the sum of all
those forces trying to pull us off the
path) attacks us daily. The days we can
look back and say we fought it to a draw
are good days. Those rare days when we
can look back and see a little victory are
great days.
But walking the path can be its own
reward. Setbacks or failures along the
way can’t defeat us, and the crosswinds
of resistance cannot push us off the path,
unless we let them. Resistance has no
power but what we give it, whether in
our work or our lives.
The path has a start, but no finish.
It is a journey that is entirely within our
power to undertake. No one can stop us
anymore than anyone can make us walk
it. Nothing can force us onto the path,
nor pull us from it, unless we let it.
Every day will bring new crises,
detours, or challenges. It is up to us to
get up every day, lace up our boots, and
start walking, right through them all. If
we do that because we value the journey,
not because someone or some governing
body tells us to, we will be professionals.
It isn’t just about how we go about
our business when people are watching,
though. In fact, how we conduct ourselves when no one can see is what truly
distinguishes us as professionals. True
professionals hold themselves to high
standards, not because our ethics rules
require it or because others might judge
them. Rules and professional standards
are important, but true professionals
hold themselves accountable because
they wouldn’t judge themselves as worthy of self-respect if they didn’t.
Here are Pressfield’s observations
about the professional’s path—they have
clear parallels to our profession, too:
• A professional is patient
• A professional demystifies
• A professional acts in the face of fear
• A professional accepts no excuses
• A professional plays it as it lays
• A professional is prepared
• A professional does not show off
• A professional dedicates him or herself to mastering technique
• A professional does not hesitate to
ask for help
• A professional distances him or herself from his or her instrument 1
• A professional does not take failure
(or success) personally
• A professional endures adversity
• A professional self-validates
• A professional recognizes his or her
limitations
• A professional reinvents him or herself
• A professional is recognized by other
professionals.
Every day blesses us with a chance to
get it right. True happiness can come to
us by making the choice to try. The alter-
native is not worth contemplating. If you
want to dedicate (or rededicate) yourself to walking the Path, Pressfield cites
excellent advice, from Scottish explorer
W.H. Murray 2, to get you started:
“Concerning all acts of initiative
(and creation) there is one elementary
truth, the ignorance of which kills countless ideas and splendid plans: that the
moment one definitely commits oneself,
then Providence moves too. All sorts
of things occur to help one that would
not otherwise have occurred. A whole
stream of events issues from the decision, raising in one’s favour all manner
of unforeseen incidents and meetings
and material assistance which no man
would have dreamed would come his way.
I have learned a deep respect for one of
Goethe’s couplets: ‘Whatever you can do,
or dream you can, begin it. Boldness has
genius, magic, and power in it. Begin it
now.’” D
Doug McQuiston has been a lawyer
in Colorado for more than 30 years. He is
a member, contributing writer, and past
chair of the Denver Bar Association Docket
Committee. He has been a contributing
editor of the CBA Litigation Section News
and is a member of the DBA-CBA Professionalism Coordinating Council. This article
represents his views only, and not those of
the council.
October is Professionalism Month
Chief Justice Michael L. Bender has declared
October as Legal Professionalism Month.
Members of the profession are invited to
attend the Assembly of Lawyers at the
Boettcher Concert Hall on Oct. 29, and immediately thereafter to attend a special session
of the Colorado Supreme Court to welcome
new admittees to the practice of law. See the
May issue of The Colorado Lawyer for more
information.
By this he means we ought to keep perspective about what we do, not over-identify with our work, and should not take our professional
selves too seriously.
2
“The Scottish Himalayan Expedition,” W.H. Murray (1951).
1
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9
What You Didn’t Know a
Private Investigation Firm Can Do for You
by G r ant Linh art
P
rivate investigators, or
PIs, do more
than what you’ve
seen in the movies—well, they do
that, too—but it’s
those skills and a
few others attorneys may not know
PIs handle that can
benefit you, your firm, and your clients.
Service of Process: In Colorado, PIs
are allowed to conduct ser vice of
process to enhance their overall services to attorney and law firm clients.
Oftentimes, people who are involved
in different types of litigation will
avoid or conceal themselves to avoid
being served. PI firms may have to
perform a “locate service,” and maybe
even surveillance, to locate the person and serve him or her. If your PI
firm offers these services it helps with
operational efficiencies, and the attorney or law firm more often than not
will get better pricing for collective
services than for just one.
Background Investigations: PI firms
conduct very lengthy and comprehensive background checks, collecting a
tremendous amount of information
that exceeds traditional, single-service
Internet background investigation
companies. If your PI firm has a
national reach, the resources that are
available to you are greatly compounded. The PI firm can then use
its own people in other states and
have “boots on the ground” instead
of calling around for a good rate from
a subcontractor the firm might not
know or trust.
For example, ICS of Colorado
conducts several background checks
for private persons, businesses, and
cor porations. We obtain information formally and informally, using
open-source (such as Google, social
media, and database searches) and
other means. If enough information
is discovered, we also can evaluate the
behavior of a subject.
Locate Service/Skip Trace: Locating
people who take off, hide, or “skip” is a
basic service that most PI firms offer.
A locate service is part background
check and part records search. It also
may involve conducting interviews to
get further leads on where the subject
may be.
Records Search: This is one of the
three most basic skills in the PI arsenal. Obtaining information is key to
any case. The amount of information
is endless in a good
records search.
Our firm was
tr ying to locate a
m ar r i a ge licens e
in another state.
Our local office in
that area went to
the county records
office and located
not only the marriage license record
but also a divorce
record and information that the
subject had two
children he was
hiding from to
avoid paying child
support.
Sur veillance:
This is the second
most basic skill
in the PI arsenal.
Surveillance issues
come up all the
time. Sometimes it’s the only way to
find answers and the truth. Preserving the visual evidence speaks volumes
and can prove or discredit someone’s
actions or statement.
We have done sur veillance for
child custody issues, marital disputes,
repossessions, insurance fraud, and
counter surveillance for private persons and businesses.
Fraud: It seems that intentionally
trying to trick someone or be deceptive is very prevalent in all walks of
life. Fraud can be found in criminal
and civil matters when dealing with
money and valuable transactions.
Bank Searches: If you have been
awarded a judgment or lien, or suspect
someone is concealing money that is
part or wholly yours, PI firms can conPrivate Investigation, continued on page 21
There’s a Word for That
Throwing a Person Out of a Window
by R yan Jardine
A
c rowd of
angry Bohemian Czech
Hussites in 1419
marched on the new
town square. The
city council refused
to release Hussite
prisoners and the
crowd took to the
streets. On arrival
at the town hall, a stone was thrown at
the demonstrators from inside the building. The converging flash mob proceeded
to throw the seven city council members
out the window. The lone surviving audio
recording of the encounter contains the
following relevant dialogue:
Angry Mob: “Who threw the stone
out yonder window?”
Town Council: “What stone out what
window? We see no window.”
Angry Mob: “We will now give you a
closer look.”
Word of the throwing of city council members out the window fell like
brimstone from the sky. Across every
city, village, and hamlet in cascading
conversations, people spoke about this
throwing of town councilors out of yonder lofty windows. The talk occupied
so much of the national dialogue that
ancient wordsmiths set out to find a brief
and compact way to describe the throwing of people from windows. The perfect
word was not discovered for nearly 200
years.
These two centuries passed, and in
1618 the world sat staring the Thirty
Years’ War right in the face. Again in
Bohemia, at Prague Castle, the Roman
Catholic rulers and the Bohemian insurgency dove headlong into a showdown.
In defense of the constitution, the Bohemians interrupted a meeting of the state
officials. After some witty banter and
political posturing, the insurgents had
enough talk. It was time for action.
They proceeded to throw three officials out the third-floor window. Unlike
the officials of 1419, these officials survived. There are, however, two accounts
that explain the reason for their survival.
Either (1) they splashed into a heap of
manure or (2) angels of mercy softened
their fall. As with so many things, it
depends on who you ask.
Once again, the word of this revolutionary act swept across the Bohemian
countryside. This time, the people
insisted on identifying a catchy name
to describe this method of civil disobedience. And they did so with the word
defenestration.
T hus, to distinguish the two
Bohemian defenestrations, the 1419
defenestration became known as the
“First Defenestration of Prague,” and in
an exceedingly clever turn-of-a-phrase,
the 1618 defenestration became known
as the “Second Defenestration of Prague.”
Some bright and inventive scholars
Word, continued on page 21
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11
On the Wings of a Pegasus Scholarship | Part Two of a Two-Part Story
Court Visits, Royal Property, and Lessons Learned
The Inner Temple Inn of Court’s coat of arms is a pegasus. Its Pegasus Scholarship is what brought Bye and other
attorneys from around the world to the United Kingdom for a six-week exchange program.
by Beck y B y e
T
he Inner Temple Inn of Court
coordinated priceless visits to
courts and judges’ chambers
within and outside London for Pegasus
Scholars. Highlights of London court
visits included a visit to the Royal Courts
of Justice and watching the Leveson
Inquiry (a weeks-long inquiry into the
unethical practices of Rupert Murdoch’s
now-defunct News of the World), a visit
to the relatively new U.K. Supreme Court
and meeting with one of the justices,
as well as visits with Court of Appeals
judges.
In addition to visiting courts in Lon-
don, an important aspect of the Pegasus
Scholarship included outings to other
parts of the United Kingdom—namely
Edinburgh and Belfast—which would
stand as some of the most memorable
moments during my scholarship program.
In Edinburgh, we visited the Faculty
of Advocates and observed a criminal
court proceeding. All Scottish barristers work in the library of the Faculty of
Advocates at small desks, but keep additional materials and meet with clients in
a central room called “Parliament Hall.”
They walk with their clients in large circles within the room to prevent others
from hearing their conversation.
Before this visit,
the notion of barristers sharing their
small offices with
other barristers and
pupils baffled me; I
was further surprised
to see the way Scottish barristers office.
During my last
w e e k a b ro a d , w e
also visited Belfast. I
stayed at the Europa
Hotel, known as the
most bombed hotel
in the world. Despite
its stormy past, I felt safe; perhaps drinking pints of Guinness before bed helped
ease any anxiety.
After a hearty Irish breakfast the
following morning, we received a tour
of the courts and chatted with one of
the presiding judges in the High Court.
I and a fellow Pegasus Scholar observed
a criminal appellate proceeding where
two defendants, who are Protestants,
were appealing their verdicts for allegedly stabbing to death a 15-year-old boy
because he was about to walk into one
of Belfast’s Catholic schools. I keenly
watched the proceedings, shocked that
religious division was still so prevalent.
Afterwards, we ventured across the
street to the Court of Appeals, where we
enjoyed a long, intellectually stimulating lunch with two of Northern Ireland’s
Court of Appeals judges in one of their
offices. The judges’ candor consistently
surprised me during this and the many
other meetings we had with judges in the
U.K.
I asked about the well-known tensions between Catholics and Protestants
in the country, and sadly, they acknowledged that it was still a problem. A large
percentage of their cases arise from this
ongoing division. In the main building
for the judicial center, I observed a plaque
honoring judges who had been killed for
upholding the rule of law. Even the judges
I met acknowledged they sometimes fear
for their and their family’s safety. Taking
precautionary measures, such as inspecting their cars for bombs, is routine.
Before our departure, we also
received a quick tour of a nearby building where barristers work. Similar to
the Edinburgh barristers, the Northern
Ireland barristers work in a large library
with very small work spaces on shared
desks.
As I left the city, I pondered the
various complex layers to Northern
Ireland, between its torn identity as
a British territory and an Irish nation
and the religious tensions stemming
from it, to the warm people and the
well-deser ved reputation for their
outstanding hospitality. This one day
was the most eye-opening, moving
experience of my trip.
Cumberland Lodge … and a
Brush with the Queen
The Inner Temple Inn routinely
hosts “advocacy training” at Cumberland
Lodge, which essentially is an education
retreat for aspiring barristers.
Cumberland Lodge is part of the
Queen’s large Windsor estate. For centuries, the reigning monarch asked his
or her best friend to live in the lodge,
so they could be close to the castle. Last
century, King George VI determined that
this lodge should host educational institutions, and now a nonprofit leases the
building from the royals for this purpose.
The weekend training addressed
“Integrity in Sport—Uneasy Bedfellows?” Many of the lectures and exercises
focused on the subject of illegal sports
betting and use of drugs in sports.
On our arrival, the lodge director
informed us that we could attend a service at the Royal Chapel on Sunday by
providing our name and nationality to
him for a background check. I jumped
at the opportunity to do so because he
hinted that the Queen attends this chapel when she is at Windsor.
On Sunday, a group of us crossed the
Windsor grounds to attend the service.
The chapel was nicely decorated, with
stunning stained glass windows and
traditional gothic architecture, but the
church’s small size and quaintness surprised me—this is where the Queen, who
also serves as the head of the Church of
England, attends numerous services.
When Elizabeth attends, she sits
in a front pew surrounded by velvet
drapes, so no one could tell whether she
was present. After I attended the service, everyone shuffled through the exit,
and the minister greeted attendees. As I
walked out, I saw Queen Elizabeth five
feet from the entrance, smiling at the
people leaving the church. She looked
regal in her bright cobalt blue suit, with
(Left) Bye poses in Scotland, with Edinburgh Castle in the distance. (Right) While in Ireland, Bye stayed at the
Europa Hotel, rumored to be the most bombed hotel in the world.
matching coat and hat.
As I stood there, star-struck, she
looked right at me and warmly smiled.
I reciprocated by smiling and nodding
(perhaps I should have curtsied). She
smiled and nodded back. Later, Prince
Phillip took her hand, and walked her to
their car.
I was surprised by the minimal security for the royals. On entering the chapel
area, we merely had to provide an ID and
a pass. The lack of intrusive security measures for the church service highlighted
an inherent difference between our two
countries.
Insights and Lessons Learned
Participating in the Pegasus Scholarship reinforced my belief in mentoring
and the benefits of the model used for
barristers. I always have advocated for
a higher standard of professionalism
among lawyers, particularly newer ones.
Sharing and improving this value begins
with mentorship.
In the U.K., the path to becoming
a barrister is an extremely difficult one;
only those with strong character and
academic prowess make it. This rigorous mentoring structure continues to
produce the best and most professional
advocates, traits for which barristers are
well known.
This is accomplished by requiring
membership in one of their four Inns
of Court, and all barristers must affiliate with a chambers and serve as a pupil
in the beginning of their practice. They
take their role as a barrister seriously and
regard it as a fundamental part of their
identity.
Also, I found I changed my mind
regarding some of the procedural aspects
of a trial. Though I was skeptical at first,
I do believe bench trials for complex civil
cases might provide the best justice to all
parties involved. Too many factual issues
in civil cases are far too complex for most
people to determine, let alone a random
sampling of jurors.
I also agree with their policy that voir
dire of juries should be limited and brief.
Too many trials focus on engineering the
“perfect” jury, which completely obliterates the notion that a jury is comprised
of “peers” who are a representative sample of the community.
From a larger perspective, some
aspects of U.K. law and practice are
incomparable, as our countries derive
from disparate histories. The supreme
laws of our countries stem from different
ideologies regarding the government’s
role in people’s lives.
O verall, besides learning the
nuances of the British legal system and
the culture of barristers, any immersion
into other people’s lives and country
makes us better global citizens. I know
my Pegasus Scholarship has provided me
with more insight as a lawyer and more
education as a citizen of the world. D
Miss part one? Catch up on this and other
articles at denbar.org/docket. Read more
about Bye’s scholarship experience at
beckypegasus2012.blogspot.com. Bye may
be contacted at [email protected].
13
‘All Kinds of Horrible Things Happened’:
Investigating the Biggest Ethical Misconduct Case in the Nation
B y M at t M a sich
T
wo years
ago, Mar icopa County
Attorney Andrew
Thomas was a safe
bet to become Arizona’s next attorney
general. Instead of
gaining statewide
o f f ice , the once
mighty Thomas
Gleason
was disbarred May 10 for what some
observers say is one of the worst cases of
prosecutorial misconduct in the nation’s
history. And it was John Gleason, head
of the Colorado Office of Attorney
Regulation Counsel, who was called to
Phoenix to lead Arizona’s attorney-discipline complaint against Thomas. Gleason
recently sat down with The Docket to
talk about the mess he walked into in
Arizona, and whether it could happen
here. This interview has been edited for
length and clarity.
The Docket: Just what did Andrew
Thomas do to cause such a commotion in
Arizona?
Gleason : Thomas took office as
county attorney in 2005 and almost
immediately became closely associated with Maricopa County Sheriff Joe
Arpaio, and he just as quickly began
a very strained relationship with the
county board of supervisors. Maricopa
County is enormous—4 million people,
$2.5 billion budget—and Joe Arpaio is a
rock star there. Thomas ran on immigration issues, saying he’s going to be tough
on immigration just like Sheriff Joe.
What authority did Thomas have as
county attorney?
He had enormous authority. County
attorneys in Arizona are in charge of
criminal prosecution, as well as handling
civil matters and representing the board
of supervisors.
Like a combination of district attorney
and city/county attorney in Colorado?
Yes. Well, in 2005 and 2006, Thomas
begins issuing press releases criticizing
the courts and the board of supervisors.
Anyone who didn’t agree with him immediately became an enemy and a target.
You have this massive law enforcement
organization run by Arpaio, and you
have a county attorney with enormous
power and jurisdiction. You put the two
together and you have this absolute reign
of terror. Thomas very publicly defamed
judges and supervisors, threatened them
with criminal charges, investigated them,
had officers follow them and sit in front
of their homes, got search warrants,
intimidated their families and staff.
Didn’t somebody try to stop him?
From 2005 to 2010, I believe there
were 17 bar allegations filed against
him—the Arizona Supreme Court has
delegated lawyer regulation to the state
bar—and all those cases were dismissed
after Thomas took a scorched-earth
approach to defending them.
Thomas was reelected in 2008, and
Don Stapley [a county supervisor who
later became board chairman] was his
biggest target, because Stapley dug in
his heels and said, “You’re not going to
push us around—we run the county, you
don’t.” Thomas charges Chairman Stapley with 118 counts of [bogus] financial
disclosure issues that had never been
charged before in the history of Arizona.
At least 40 counts were charges they
knew were beyond the statute of limitations.
In 2009, all kinds of horrible things
happened: Stapley is charged with
even more counts of criminal charges
[also bogus], and another supervisor is
charged with no probable cause. By the
end of 2009, Thomas and his circle’s goal
was to shut the county down. If they
charged one more of the five county
supervisors, their view was they would
get a receivership appointed for the
county and get what they wanted. They
would essentially eliminate the board
of supervisors by charging a majority—
three of the five supervisors.
Is that when they called you in?
Not quite yet. By the end of 2009,
the justice system also came under fire.
Without any investigation, Thomas’
office charged Superior Court Judge
Gary Donahoe with hindering, obstruction, and bribery, all because he had the
audacity to rule against Thomas and
Arpaio. There was absolutely no probable cause at all for the criminal charges.
When we interviewed Donahoe about
this later, he wept throughout the whole
conversation—and this is a guy who has
seen murder trial after murder trial.
In early 2010, the Arizona chief justice and court administrator called me
and said they needed help. I had been
working with Arizona for about two
years before that, helping them adopt
Colorado’s attorney regulation system.
When I was called in, they wanted an
outsider because there was really nobody
in Arizona who wasn’t touched by this—
hundreds of lawyers were picketing the
county building, judges are going to jail.
When we arrived there, in my view, the
judicial system in Arizona was teetering
on the brink. The judges were terrified—
they were meeting in the bathroom to
talk—and they were waiting for the
SWAT team to arrive at any moment to
arrest them on trumped-up charges.
I was appointed as special prosecutor at the end of March 2010. I didn’t
want Colorado to pay one nickel, so Arizona has reimbursed us for every penny
we spent. We figured we’d be down there
for a few months. I had no idea we’d be
down there for two years. Jim Coyle and
Chip Mortimer ran this office in Colorado, and I took Jamie Sudler with me to
Phoenix.
What was it like when you arrived
in Arizona?
Right around then, Thomas stepped
down as county attorney to run for
attorney general. But shortly after I was
appointed, I got a letter from Arpaio
saying that if I came there, essentially,
he was going to put me in jail. They also
filed a restraining order against me. We
expected to be arrested at any time. They
were following us within a few days of
being down there, and they wanted us
to know that. Their goal was to intimidate—and if that didn’t work, retaliate.
They wanted to run us out of Arizona.
How did you approach the case?
I was a cop for 11 years, and a homicide cop for several years. I know cops
and how they think, so I knew the key
to most of this was to convince the cops
to talk to us—but to convince Maricopa
County sheriff ’s officers to talk to us
would mean risking their professional
lives. Almost immediately, we connected
with Mark Stribling, a former homicide cop in Phoenix, who had worked
for Andrew Thomas as commander of
the investigations division in the Maricopa County Attorney’s office. We talked
for a couple of hours about our police
careers, and he laid out the story of what
had happened over the last five years.
Another key person we interviewed was
Sgt. Brandon Luth with the Maricopa
Anti-Corruption Enforcement unit, or
MACE unit, which Arpaio and Thomas
created and used to intimidate. I called
his cellphone every day for a month
before he returned my call. We ended up
conducting around 100 interviews, and
virtually every person would weep; the
personal trauma they’d experienced was
astonishing to us.
How long did the investigation take?
It took from March to November
2010, and we filed a formal complaint
in February 2011, alleging 33 separate
counts of misconduct against Thomas
and two deputy county attorneys, Lisa
Aubuchon and Rachel Alexander. We
were originally told to expect a trial
date in February 2012, but that summer Thomas’ lawyers pushed for it to
happen as soon as possible, so it was
scheduled for September 2011. We had
dozens and dozens of depositions to do,
so almost immediately we had to move
to Arizona. Jamie and I, who were billing
Arizona a nominal hourly rate, billed 80
to 90 hours per week for months. It was
an eight-week trial. I did the hour-long
opening statement, and Jamie, who is a
great trial lawyer, took it from there. The
testimony that came out at trial was even
worse than we knew—there were two or
three smoking guns that we didn’t even
know existed because there were just so
many witnesses and documents.
In April, the Arizona Supreme
Court’s disciplinary panel ordered disbarments for Thomas and Aubuchon, and a
six-month suspension for Alexander.
Where do those cases stand now?
Thomas didn’t appeal, and they’ve
issued the final order for disbarment.
He’s done. The other two have appealed,
and we have one more case—during our
trial, we discovered there was a fourth
lawyer [Peter Spaw] in the Maricopa
County Attorney’s Office who we believe
engaged in misconduct by aiding the
other three.
Do the effects of this case resonate
beyond Arizona?
It resonated around the country
because, for one, Arpaio is an international figure. Then you have Thomas, a
Harvard Law graduate who was destined
to become attorney general, and had his
sights on being a U.S. senator or more,
who implodes in a catastrophic way,
taking with him other lawyers. And the
magnitude of the misconduct is noteworthy, as well as the number of victims.
Could the same thing happen elsewhere, or is it unique to Arizona?
It was the theory of absolute power,
and they’d had it for years. You had one
of the largest prosecutor’s offices in the
country and one of the largest sheriff’s
offices in the countr y, and you had
two pe ople who
were consumed
with power. If you
get in their way,
not only are you
a r re s te d , yo u ’re
charged, because
they’re hooked hip
to hip. If the cops
and prose cutors
are corrupt, who’s
going to stop them?
in Colorado?
It’s the culture. We have a history
of spectacular district attorneys, like
Bill Ritter, Norm Early, Dale Tooley, Don
Quick, and Bob Gallagher, who understand the limitation of their power. They
have a job to do, but they’re going to do
it within the rules. When you have a DA
invoke that culture in his or her office,
then it’s not often you have that kind of
problem. What happened in Maricopa
County was really unusual. Ben Gershman, a legal professor at Pace University
and expert in prosecutorial misconduct,
will tell you there’s never been a case like
this before, and probably never will be
another. D
Matt Masich is a writer with Colorado Life Magazine. Prior to that, he was
a reporter for Law Week Colorado, covering
the Colorado Office of Attorney Regulation
Counsel, bar associations, appellate courts,
and the business of law.
Hear About the Arizona
Ethics Probe Live
John Gleason and Jamie Sudler will detail
the investigation and prosecution they led
in Arizona, and will recount the harassment
and intimidation directed at them while
there, from 11:30 a.m. to 1:30 p.m. on July
18 at CBA–CLE, 1900 Grant St., Suite 300,
in the large classroom. Two general credits,
including two ethics credits, are available.
To RSVP, visit http://bit.ly/Li5Rar.
What’s to stop that
from happening
15
For Newest Justice, Sitting on a Bench Was ‘Never the Plan’
Docket contributor Scott Challinor talks with Colorado Supreme Court Justice Brian Boatright.
by S co t t C h allinor
S
peaking with Colorado’s newest Supreme Court Justice Brian
Boatright regarding his recent
appointment and his career in public service, the conversation invariably
returned to people: his family, his mentors, and those he sought to help.
Perhaps his connection to people
is part of the “intangibles” Gov. John
Hickenlooper referred to in appointing
Boatright to the Supreme Court in October.1 Boatright was sworn in to the bench
in November, and although “it was never
part of the plan” to be a district court
judge or a district attorney, let alone a
Colorado Supreme Court Justice, his passion for people and the relationships he
cultivated en route have brought him to
his current position.
From the age of five, Boatright
knew that he wanted to be an attorney.
He attributes this to the influence of his
hero: his father, Virgil Boatright, who
still practices probate law with Boatright
& Ripp in Jefferson County.
“I literally cannot ever think of any
other career that I ever contemplated,”
Boatright said.
Although his father never pushed
him into law, his influence and his conduct inspired Boatright from a young
age to follow in his footsteps. Displaying
a practical inclination, Boatright majored
in accounting at Westminster College in
Missouri. The degree appealed to him
because it provided valuable background
knowledge for the probate work his
father did, while also providing a backup plan for law school, he said.
“I chose to major in accounting
because I wanted to ensure that if I
decided not to go to law school, I would
have an occupation,” Boatright said.
Using his accounting degree, he
spent a year conducting audits with the
predecessor to Ernst & Young. However,
staying true to his plan, Boatright began
law school one year later at the University of Denver, from which he received
his J.D. in 1988.
The seeds for his future career in
the district attorney’s office were sown
during law school. As a 2L, Boatright
interned with First Judicial District
Judge Michael Villano (his godfather),
and as a 3L he worked for him full-time
as a law clerk while attending classes at
night.
“I just got glued to the courtroom
and I got attracted to working for victims
and trying to advocate for appropriate
accountability,” Boatright said.
It also was during this time that
Boatright met Pete Weir, the assistant
district attorney assigned to Villano’s
division, who served as a strong role
model for him.
“I kind of modeled myself after Pete;
he was a really honorable guy and made it
seem like a really great profession to get
into,” he said.
On finding these kinds of careersetting role models, Boatright said:
“Certain people can have a tremendous
impact on you, simply through the way
in which they conduct themselves.”
Nevertheless, the pull of family
remained strong, and on graduating
law school, Boatright began working for
his father. The plan, Boatright said, was
always to “have an office two doors down
from my dad.”
When the D.A.’s office called roughly
a year later, Boatright pursued his
newfound passion for the courtroom.
However, he still viewed the move as
temporary—a way to get litigation experience, and then return to his father’s
office.
Although Boatright said he never
thought he was going to be a judge,
as a young D.A. he saw the judges and
thought “there’s really the potential to
do some good things here.”
He joined the First Judicial District
bench in 1999, initially handling a diversified docket that covered everything
from civil to criminal and probate to
juvenile.
That kind of docket “keeps it interesting,” he said. “It also prevents you
from burning out on a specific topic.”
Additionally, Boatright observed
that diversified dockets impart a sense
of ownership and accountability, because
cases remain in a judge’s division until
they are resolved. “The key is the teamwork,” Boatright said, regarding the
ability to always find coverage for double-booked trials.
However, Boatright noted that it is
crucial to not allow one aspect of a diversified docket to overwhelm the others.
For this reason, he sought a specialized docket devoted to juvenile cases.
Boatright said it was the most rewarding
and challenging docket he handled.
“To me, if you can try to help that
situation, that was a great thing,” he said.
“The challenging part of it is … you can’t
undo what has happened to a child ...
no matter how much you cared, no matter how much you worked, things had
already happened.”
As the parent of a son and daughter,
ages 14 and 11, Boatright applies the lessons he learned in his courtroom to his
parenting.
“I would try to take that tragedy
of the courtroom and take that to give
me energy at home to get down on the
ground and play Thomas the Tank Engine
with my son when he was little, or to go
on a bike ride when I was too tired to do
that,” he said.
When Boatright applied for the
position on the Supreme Court’s bench,
he knew he would bring a strong trial
background and the ability to appreciate a decision’s ramifications at the trial
level. Alluding to a specific case from his
division, Boatright said its reversal in the
appellate courts was a big factor in applying for the position.
“I realized that the decision was
going to have both intended and unintended consequences for how these
types of cases were going to be handled,”
he said.
As with Boatright’s other career
achievements, he never had an expectation of making it to the Supreme Court.
To illustrate, he recalls that while driving
to the press conference announcing his
appointment with his wife, he had the
sudden realization: “I’m going to have to
drive downtown every day!”
Speaking with Boatright, it is clear
that he maintains a love and passion for
the work he did as a district court judge.
He cited the dynamism and the human
element of the courtroom as things he
will miss, as well as working with jurors.
“The biggest thing I realized as a dis-
in that area, to educate you.”
trict court judge was how good our jury
When asked for advice for new
system is,” he said. “There’s something
lawyers in light of his career in public
really marvelous about the combinaservice, Boatright said it is important to
tion of common sense and integrity that
“follow the voice in your head.”
made the system work.”
“For me, it’s about wanting to have
Nevertheless, he clearly relishes
the right feeling when you go to bed,
the challenges and opportunities of the
when you talk with your kids,” he said.
Supreme Court, particularly the diversity
“You’ve got to want to get up and go to
of cases. Additionally, Boatright said he
work every day.” Although he added,
enjoys the camaraderie among the jussmiling “I’ve never made a ton of money,
tices.
so maybe there is a lot of satisfaction in
Boatright said he is still feeling out
that.” D
the differing role of trial judge, who in
his opinion by-and-large should not
Scott Challinor is an attorney with
interfere, and appellate judge, who can
Davis Graham & Stubbs LLP who specialbe very active in asking questions. He
izes in ERISA and tax law.
also noted his ability to set the tone: “As
a trial court judge, you control the tenor
of what the courtroom is like ... now I’m
one of seven justices. I have very little
impact on the tenor of the courtroom.”
Asked about surprising aspects of
the job, Boatright cited the large amount
of thought and work that goes into pro1 See “Boatright brings family law
ducing the seemingly simple phrase
expertise, ‘intang ibles’ to Colorado
“Petition for Writ of Certiorari DENIED.”
Supreme Court,” The Denver Post, Oct.
“Every petition for certiorari is
27, 2011. denverpost.com/breakingnews/
ci_19205348
looked at by every justice ... they are
really scrutinized very
closely,” he said.
DENVER BAR ASSOCIATION
In handling the
transition to his new
position, Boatright
l Full-Time l Temp
l Time-To-Hire
draws from the lessons he learned as a
l Attorneys
young D.A. “You do
l Secretaries
what you can to prel Paralegals
pare,” he said. “You
l Receptionists
don’t say: ‘I don’t
l Accounting
know this, so I haven’t
l Administrators
read anything, so tell
l Office Services
me.’ You read as much
as you can and you
get prepared.” HowServing the Legal Community since 1986
ever, checking one’s
Mev Parsons / Barb Allen
ego also is crucial:
(303) 894-0014
“The key to being a
good judge is to know
what you don’t know
and don’t be afraid to
acknowledge that,” he
added. “I think you
have to rely on the
lawyers to be experts
PLACEMENT SERVICE
NOW PLACING
ATTORNEYS!!!
17
Mean Girls? Perceptions of Women in the Practice of Law
by Beck y B y e
M
y legal
p r a c tice has
had its share
of highlights,
triumphs, and satisfying moments. Of
course, as with any
legal practice, it also
has had its share
of frustrations and
humility. A common source of my personal frustration within the practice
stems from the way some women have
treated me, as well as my observations of
the way they have treated each other.
Throughout high school and even
college, I witnessed how mean girls and
young women can be to one another.
Whether out of jealousy or insecurity,
women relentlessly say the snidest
things to other women’s faces and say the
meanest misconstructions of truth (or
lies) behind their back. When I started
law school, I observed that female relations could tread in these same areas.
While there, though, I felt lucky to make
numerous lifelong friendships with men
and women alike.
When I graduated, I figured the
animosity among women would remain
within the halls of these institutions.
Unfortunately, I was wrong.
As I started to practice law, I never
imagined that gender would play a significant role in my interactions with
lawyers and others in the legal field. I
was wrong, but the gender issues did
not stem from practicing in a profession
that was historically male-dominated.
The only gender issues I faced came from
other women, even within my own firm
or organization.
I noticed that some women from
previous generations—many of them
trailblazers in the profession—were
harder on and harsher with me and many
of my female colleagues. They also were
nicer and maintained a softer demeanor
to my same-aged male colleagues.
I’m not at liberty to go into details,
but some of the intergenerational female
behavior was unwarranted and, frankly,
cruel. I also observed unpleasant behavior between women of similar ages.
Because of my own experiences,
I asked other female and male friends
about their observations. After countless discussions, I heard a number of
disconcerting stories from others about
their own experiences regarding negative
interactions among women.
Additionally, at a recent roundtable
I attended a well-known judge told the
audience that when she started practicing, her biggest challenge was not the
men (when the profession was overwhelmingly male-dominated), but the
few women in the profession and at her
firm. Another former judge followed up
on her comment, telling me he also has
observed, in his very own courtroom,
the lack of civility among women attorneys. He was concerned and agreed that
female tension in the practice of law was
an issue. He took the time to talk to me
and provide his own insight on how I can
help resolve this in my practice.
My own discussions serve as a mere
microcosm of how female tension—
among female lawyers and between
female lawyers and staff—may act as
a hindrance to the legal practice. The
American Bar Association also recognizes the issue of female tension in the
law.
In 2008, the ABA surveyed nearly
4,500 women lawyers about gender relationships. The survey noted that among
female attorneys under 40 who thought
that gender makes a difference in the
practice of law, 58 percent said male
supervisors give better direction, give
more constructive criticism (56 percent)
and are better at keeping confidential
information private (64 percent).1 One
of the most dramatic statistics stems
from the question: Do you feel that your
female supervisors are more demanding of their employees who are [men or
women]? Ninety-three percent answered
“women.” 2
Some experts opined that the way
women over 40 treat younger women
derives from the fact that younger
female generations do not wish to make
the same personal sacrifices as their
predecessors.3 More senior lawyers may
not understand this mindset.4
Additionally, in 2009, when a Chicago–Kent law professor surveyed legal
secretaries at large law firms about attorney preferences, 35 percent stated they
preferred working for male partners, 15
percent preferred working for male associates, 3 percent preferred working for
female associates, none preferred working for female partners, and 47 percent
had no opinion.5
The secretaries provided various
reasons for this significant preference,
among them; some secretaries stated,
“Female attorneys have a tendency
to downgrade a legal secretary,” and
“Female attorneys are either mean
because they’re trying to be like their
male counterparts or too nice/too emotional because they can’t handle the
stress.” 6
Female tension within the practice
of law is an important issue to confront,
because time and energy go into dealing
with any negativity, which ultimately
hurts clients and the legal process. Also,
any negative interactions may harm
our self-esteem and cause unnecessary
frustrations beyond the time we spend
practicing law.
Regardless of gender, you can take
various measures to help overcome this
issue. The most straightforward way is to
speak face-to-face with whom you have
an issue. Communicate why you believe
this to be the case and try to amicably
resolve any issues to make for a better
working relationship.
If you are uncomfortable or unable
to directly confront the problem (for
example, the person you would like
to confront is your boss), speak with
Mean Girls, continued on page 20
Backpacks (all sizes)
Pencils
Pens
Highlighter Pens
Crayons
Washable Markers
Broad-Tip Markers
Erasers
Pencil Cases
Pencil Sharpeners
Scissors
Rulers
Glue or Glue Sticks
Staplers
Staple Removers
Pocket Folders
Lined Notebooks
Pocket Dictionaries
Thesauruses
Scientific Calculators
Geometry Sets
Compasses and Protractors
Boxes of Tissue
Bottles of Hand Sanitizer
Lined Paper
Plain Paper
1” Binders
Subject Dividers
Agenda Books
or Student Planners
Wide-Bound Spiral
Notebooks
To participate in the drive, please sign up at www.denbar.org. For ease of participation, IKON will be picking up donations from all participating
firms the first week in August. Donation barrels are not provided for this drive. Please package all donations in easy-to-carry boxes.
Questions? Contact Heather Clark at [email protected] or Kate Schuster at [email protected].
Donate Cash. Please send your checks made payable to the Denver Bar Association to:
Kate Schuster at 1900 Grant Street, Suite 900, Denver, CO 80203.
Litigation Section
19
Mean Girls, continued on page 18
someone else in the workplace—such
as a member of your human resources
department—about your experience and
see what advice he or she may have.
Moreover, find a mentor with whom
you may interact frequently. The importance of mentoring cannot be overstated;
in fact, Chief Justice Michael Bender
has initiated a working group that has
implemented a more formal, effective
mentoring program among lawyers
in Colorado. Whether you are male or
female, mentorship is a must for your
career, which will help guide you in how
to confront various issues in the practice
of law (including gender issues). 7
More important, you must always
strive to lead by example. You cannot
control the behavior, attitudes, and
thoughts of others; however, you can
control your own. Often, negative or
positive attitudes and behaviors are easily reciprocated by interactions, so make
sure you set a positive example, regardless of how others treat you.
As everyone recognizes, the makeup
of the legal profession has been changing,
and all attorneys need to recognize that
an open dialogue must take place among
diverse groups—those of different gender, age, and cultural backgrounds.
I feel lucky to have a variety of mentors and friendships in the practice of
Stephanie Francis Ward, “What Women Lawyers Really Think
About Each Other,” ABA Journal (February 2008), available at:
abajournal.com/magazine/article/what_women_lawyers_really_
think_of_each_other.
2 Id.
3
Id.
4
Id.
5
Debra Cassens Weiss, “Not One Legal Secretary Surveyed Preferred
Working With Women Partners; Prof Offers Reasons Why,” ABA
Journal (October 2011), available at: abajournal.com/news/
article/not_one_legal_secretary_surveyed_preferred_working_
with_women_lawyers_prof_.
1
law, including amazing female attorney
mentors, role models, friends, and confidantes. These relationships remain
special and important to me and have
enhanced my legal practice and enriched
my life. I encourage all attorneys to seek
these same professional and personal
relationships, because negative relationships are unproductive and unnecessary.
D
What’s your take on tension among
women lawyers? Share your thoughts in a
letter to the editor by emailing scrocker@
cobar.org.
B e ck y B ye m a y b e rea ched a t
[email protected].
Id. See also Victoria Pynchon, “American Bar Association ReCovers Woman Lawyer/Secretary Study,” Forbes (November
2011), available at: forbes.com/sites/shenegotiates/2011/11/04/
amer ican-bar-association-journal-recovers -womanlawyersecretary-study.
7 If you are having difficulty finding a mentor, a variety of
organizations may help find one for you, including the Denver Bar
Association, Colorado Women’s Bar Association, and the Inns of
Court chapters in the Denver area.
6
Private Investigation, continued from page 10
duct a bank search domestically and
offshore. This information then can
be given to an attorney or law firm to
subpoena the bank records and start
the proceedings to obtain what is
owed.
During a divorce, one spouse emptied a joint bank account and hid the
funds. During the proceedings, the
spouse said there was no money. The
other spouse was awarded a certain
monetar y figure. My company was
hired to find the hidden money, which
was located in the Cayman Islands.
Ultimately, the bank records were
subpoenaed and the amount of money
owed was seized.
Asset Searches: Similar to a bank or
records search, this service looks for
property owned by a subject.
Cellphone and Computer Forensics: A
good PI firm will have forensic experts
working for it in its own computer
lab or know a lab with which to contract. The technical world of computer
forensics changes so rapidly that this
finer skill is a must-have in today’s
technology-driven world.
One of our clients was going
through an ugly custody and divorce
battle. During one of the hearings, the
other side presented an altered recording to make our client look foolish.
Our client sent us the audio recording for a forensic. The recording was
said to come from an iPhone, which
records in a specific format. Our lab
investigator was suspicious when the
audio recording was in a completely
different format. The “original” phone
had a forensic conducted on it and the
formats were completely different.
During the forensic, even though the
recording was erased from the phone,
the original recording was located
deep in the hardware of the iPhone.
Guess who won that court case?
Interviews: The third most basic
skill a PI needs to have is interviewing. This type of training is usually
best learned and accomplished by former law enforcement personnel. If you
can’t talk to people and illicit infor-
mation from them, then you’re in the
wrong business. A PI must be able to
communicate effectively and put the
pieces of the pie together.
Workers’ Compensation: These investigations include a thorough interview
of injured parties and witnesses of
about 100 questions. It also will
involve surveillance if fraud is suspected or to “check up” on subjects
who claim to be incapacitated. D
Word, continued from page 11
believe that after the Second Defenestration of Prague a city ordinance was
considered that required all city council
rooms to be built without windows.
While defenestration is the act of
throwing a person out of a window, it can
also apply to objects. Its origins fall from
the Latin de for out and fenestra, meaning window. Those who took four years of
French in high school also will recognize
the French word la fenêtre, which means
window and also is derived from Latin.
Although defenestration is the
noun describing the act of throwing a
person out of the window, one also can
use the word as a verb: defenestrate.
For example, “Due to the filipendulous
temperament of a 1419 group of rebel
peasants, they defenestrated the opposition.”
For those who rise and fall on a
clever pun, you will be glad to know
defenestrated can be used in several universally funny ways as well, such as using
it to describe something that is windowless. The author Cyril Connolly described
Prague as “seem[ingly] a good place,
gloomy and defenestrated,” perhaps referencing windowless council chambers.
Another witty group used defenestrated
to describe the removal of the Windows
operating system from a computer,
because when a computer has Windows
removed, it also has been defenestrated.
The uses of defenestration, both
witty and meaningful, will impact each
of our lives. For instance, before reading this column we may have sat placidly
by when someone threatened us with
imminent defenestration. We now know
at such times, as with an impending
hurricane, to move away from the windows. Knowing this word and its origin,
however, will certainly have a far more
significant impact than mere self-preservation. This new knowledge delivers the
power of understanding.
As a young child, I remember my
mother reading passages from Edvardus
Philippus’s classic 1671 “New World of
Words Dictionary.” From Abracadabra to
Zyzzyva, nothing fell into my consciousness more than this observation: “Let a
subject be never so grave, never so useful, carry in it never so clear and perfect
a demonstration; yet if it be not pertinently worded, and urged with a certain
power and efficacy to the understanding,
but in a forced, tumultuous, or disjointed
phrase, it will either not be understood,
or so slightly, and with such indifference regarding, that it will come short of
working that effect which it promised to
itself.” Lesson learned and applied, Mr.
Philippus. D
Grant Linhart is president of ICS of
Colorado, LLC, a private investigation
company. Prior to this, Linhart spent
14 years in public safety, most recently
at a law enforcement agency in California. He can be reached at ICSofco.com or
(303) 797-6789.
Ryan Jardine is a public finance attorney with Kutak Rock LLP in Denver. There’s
a Word for That is an occasional column
defenestrating word origins from the windows of history.
21
Join The Wheels
of Justice
for the Courage Classic Cycling Tour, July 21–23. The 157-mile ride treks
through the Colorado Rockies. Last year’s Courage Classic raised more
than $2.3 MILLION for Children’s Hospital Colorado.
•
We’re a 200 member cycling team sponsored by the Colorado and Denver Bar Associations, as well as Denver’s top
firms and companies—both lawyers and non-lawyers of all ability levels are welcome!
•
In the last six years, the Wheels of Justice team has raised more than $1.3 MILLION for Children’s Hospital
Colorado. All 2012 team fundraising goes to the Hospital’s Center for Cancer and Blood Disorders.
•
Help us support the doctors, kids and families at Children’s Hospital Colorado by signing up to ride with or donating
to the team today! www.couragetours.com/2012/team/woj
•
For more information, visit www.wheelsofjusticecycling.org or contact Co-Captain Heather Purcell Leja at
[email protected].
•
Weekly team training rides during the season, great team apparel, parties, coaching and more!
•
Get fit, become inspired, network with other professionals and meet new friends — all while making a difference in
the fight against childhood cancer!
Thanks to our 2012 sponsors who have already
helped us to raise more than $75,000.
BRIEFS
DBA CLOSED FOR FOURTH OF JULY
In observation of the Fourth of July
holiday, the Denver Bar Association will
be closed on Wednesday, July 4, but will
conduct normal business hours the rest
of the week.
SIGN UP FOR THE SCHOOL
SUPPLY DRIVE, JULY 23–AUG. 3
The Community Action Network is
collecting school supplies to ensure that
children in Denver Public Schools and
Children’s Outreach Project start off the
school year on the right foot. Firms interested in signing up to participate and
collect school supplies can visit denbar.
org for the sign-up form. For ease of participation, IKON will pick up donations
from all participating firms the first week
in August. Questions? Contact Heather
Clark at [email protected] or Kate Schuster at [email protected].
DBA MEMBER APPRECIATION
WEEK THANK YOUS AND STORIES
The Denver Bar Association would
like to thank all of its members who
attended a CLE, an event, got their
documents shredded, their electronics
recycled, or who interacted with us on
Facebook and Twitter through playing
trivia or sharing their stories and their
words of thanks.
Those who got involved won fabulous prizes. Congratulations to Jessica
Grimes, who won the grand prize—an
iPad! Other winners received Cross
pens, organic fruit and nut baskets, and
leather briefcases. Congrats to Robert
Albery, Thomas R. Buchanan, Jeff Burns,
Jaci Casey, Jason Cobb, Emma Garrison,
Alli Gerkman, Jodi Heltenberg, Esther
M. Henry, Elizabeth C. Lewis, Kerri Martinez, Chris A. McCoy, and Tami Sapp.
We loved the feedback we got via
social media by asking people to share
their #DBAStories and #DBAThanks.
Here are a few of our favorites from our
Facebook page:
“DBA and CBA staff are awesome!
I enjoy reading The Docket and hearing
about all the things lawyers and the bar
associations do for the community. Great
support for Solo in Colo as well. Looking forward to my free lunch this week!”
Barb Cashman wrote.
“I appreciate the opportunity to connect with other like-minded attorneys,”
says Tamara S. Pester.
“The Docket brightens my day! I
enjoy learning about what other bar
association members are up to—we have
some fantastic attorneys in Denver. Plus,
the April edition is always hilarious!”
Docketeer Natalie Lucas wrote.
“I’m very thankful for the CorePower
Yoga discount! The yoga classes are a
great counterbalance to a busy practice,”
Sarah Steinbeck said.
Alli Gerkman writes, “ I love that The
Docket keeps us all connected. And I love
the redesign!
See more stories and photos at
facebook.com/DenverBarAssociation.
23
FOR COLORADO LITIGATORS
LEARN FROM THE BEST:
Colorado-specific resources written
by experienced Colorado litigators.
Colorado Rules of Civil and Appellate Procedure, 2012 Edition
2012 Edition, soft-cover, 7.5 x 10-inch format, 958 pages with CD-ROM
CLE Item Number: ZCRCA12B
CBA Member Price: $70.00
Non-Member Price: $85.00
Colorado Courtroom Handbook for Civil Trials, 2012 Edition
CLE Item Number: ZCCHCT12B
Colorado Appellate Handbook, 2012 Edition, with CD-ROM
2012 Edition soft-cover, 7.5 x 10-inch format, 602 pages with CD-ROM
CLE Item Number: ZCAHBK12B
Colorado Rules of Evidence Annotated, 2012 Edition
CLE Item Number: ZCROEA12B
CBA Member Price: $75.00 Non-Member Price: $90.00
Anderson on Colorado Civil Litigation Forms
First Edition, loose-leaf, one volume 8.5 x 11-inch format, 568 pages with CD-ROM
CLE Item Number: ZCCLFC10B
Colorado Jury Instructions for Civil Trials, 2012 Edition
2012 Edition, soft cover, 7.5 x 10-inch format, 840+ pages with CD-ROM
CLE Item Number: ZCJICT12B
Colorado Arbitration Law and Practice
Second Edition, loose-leaf, 8.5 x 11-inch format, 632 pages with CD-ROM
CLE Item Number: ZCALAP10B
Visit www.cobar.org/cle/pubs.cfm
for full book descriptions, table of contents, additional titles, and ordering information.
CBA CLE
1900 Grant St., Suite 300, Denver, CO 80203-4303
24 The Docket I July/August
2012
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1900 Grant St., Suite 300, Denver, CO 80203-4303
6/2012
25
LEGAL
AFFAIRS
GOOD THINGS
Two Ireland Stapleton
Pryor & Pascoe, PC attorneys, Russell W. Kemp
and Matthew S. Larson,
have been named to key
Kemp
leadership positions for
WorldDenver.
The Anti-Defamation
League has announced
that Alissa Brodie, of
Denver, is the recipient of
Larson
the 2012 Daniel R. Ginsberg Leadership Award,
which recognizes outstanding leadership in the
fight against anti-Semitism, racism, and all forms
Brodie
of prejudice. Brodie is an
immigration law attorney at AB Immigration Law in Denver.
Otis, Coan & Peters,
LLC, congratulates associate attorney Sara
Stieben on her selection
as president of the Board
Stieben
of Directors for the nonprofit organization ChildSafe.
Stieben’s practice focuses on all
areas of real estate, business, and probate litigation, with a particular focus on
the areas of creditors’ rights.
The Children’s Law Center, a nonprofit organization that provides legal
advocacy for abused and neglected children, raised nearly $200,000 at their
annual dinner.
Attendees included the Honorable
Robert Russell and Jim Lyons of Rothgerber Johnson & Lyons LLP.
Waggener & Foster LLP is proud
to announce Gov. John Hickenlooper’s
appointment of Julie Waggener to the
five-member Colorado Real Estate Com-
mission. She will serve a
three-year term as commissioner until April 2015.
Otten Johnson Robinson Neff + Ragonetti
Waggener
PC is pleased to announce
that they were the sponsor of the Washington Park Trail Restoration and Tree
Planting Event. The event was organized
by Volunteers for Outdoor Colorado and
included more than 300 volunteers from
across the metro area.
The Legal Aid Foundation of Colorado is pleased to welcome the following
lawyers to its Board of Trustees: Josh
I. Berry of Pryor Johnson Carney
Karr & Nixon; Jeffrey Cowman of
Ballard Spahr; R. Stanton Dodge, General Counsel of DISH Network; Mark
A. Fogg, General Counsel of COPIC
and President of the Colorado Bar
Association; Stephen P. Gottesfeld,
General Counsel of Newmont Mining
Corporation; Kevin Rohnstock, Chief
Compliance Officer of KSL Capital Partners; Robert P. Thibault of Perkins
Coie; and Kimberley H. Tyson of Ireland Stapleton Pryor & Pascoe.
Officers of the 2012–13 Board of
Trustees are Chairperson Hugh Gottschalk of Wheeler Trigg O’Donnell LLP,
Vice-Chairperson Jessica Brown of Gibson Dunn & Crutcher LLP, Secretary Ed
Gleason of Rothgerber Johnson & Lyons
LLP, Treasurer Sheri L. Betzer of Betzer
Call Group LLP, and Past-Chairperson
Dick Gast of Myatt Brandes & Gast PC.
The Center for Legal Inclusiveness
is proud to announce it
recently expanded its
board of directors to
include two new members:
Leslie Fields is a partFields
ner in the Denver office of
Faegre Baker Daniels LLP and a member
of the firms’ management board. She
specializes in eminent domain and real
estate litigation law.
Nicole Gorham is
an associate at Rothgerber Johnson & Lyons LLP
with a law practice focus on
commercial and complex
Gorham
civil litigation involving
business entities of various sizes.
Nicolle Martin, inhouse counsel for Auto
Injury Solutions, Inc., has
been selected to serve as
an Allied Attorney for The
Martin
Alliance Defense Fund. The
Alliance Defense Fund is committed to
defending religious liberty, marriage and
family, and the sanctity of human life.
Greenberg Traurig, LLP, is honored to announce it has received the
Denver Business Journal’s Partners in
Philanthropy award for medium-sized
businesses.
Davis Graham & Stubbs LLP was
recently honored as the Colorado Lawyers Committee 2012 Law Firm of the
Year. Additionally, the Lobato Litigation
Team, made up of more than 70 volunteers from a dozen law firms, including
DGS, was named CLC Team of the Year
for its pro bono work on Lobato v. State
of Colorado.
Otten Johnson Robinson Neff + Ragonetti PC
is proud to announce that
Mianne L. Besser, a paralegal with the firm, has
Besser
been elected president of
the Rocky Mountain Paralegal Association.
If you are a Denver Bar attorney member and you’ve moved, been promoted, hired an associate, taken on a partner, received a promotion or award,
or begun service on a new board, we’d love to hear from you. Talks, speeches, CLE presentations, and political announcements, due to their sheer
number, cannot be included. In addition, The Docket cannot print notices of honors determined by other publications (e.g., Super Lawyers, Best
Lawyers, etc.) again due to volume. Notices are printed at no cost but must be submitted in writing and are subject to editing and space available.
Send all notices to Kate Schuster at [email protected] by the 1st day of the month.
KUDOS
Joe Smith would like to take this
opportunity to comment about his attorney, Gretchen Olson of Eberhardt and
Olson. “In helping me with my legal
matters, I have found her to be most proficient, competent, and professional. It’s
refreshing to have someone explain the
legalese so that a layman can understand
it.”
CHANGES
For mer U.S . Senator Gary Hart has joined
McKenna Long & Aldridge
LLP in Denver as a senior
strategic adviser. Hart will
Hart
advise clients on entering
and expanding in foreign markets.
Pendleton, Wilson, Hennessey &
Crow, P.C. is honored to add Nancy Crow
as its tax and estate planning practice
chair.
Chris Chrisbens
recently joined Holland &
Hart. His addition to the
firm marks the introduction of a new business
Chrisbens
line within Holland &
Hart’s labor and employment practice—
Affirmative Action Plan Design and
Development. He helps employers determine and navigate affirmative action
obligations, develop defensible affirmative action plans to pass Office of Federal
Contract Compliance Programs scrutiny,
and proactively address and resolve areas
of concern to improve OFCCP audit performance. Chrisbens is a member of the
American Association for Affirmative
Action.
McKenzie Rhody & Hearn LLC is
pleased to announce that Allan Mena
has joined the firm as an associate attorney.
Otis, Coan & Peters,
LLC is pleased to welcome
attorney Michelle Jacobsen to its team.
Jacobsen comes to the
Jacobsen
firm with more than seven
years of experience in human resources,
employment law, and banking, lending,
and creditors’ rights.
Fulbright & Jaworski, LLP is expanding its capabilities in Denver with the
hiring of two new senior counsel and the
transfer of a senior associate to its newly
relocated office.
Bryon Farnsworth
joins Fulbr ig ht ’s Public Finance Department
as senior counsel, while
Matthew Spohn comes
Farnsworth to Fulbright’s Litigation
Department as senior counsel. Bob Greenslade, a
senior associate in the Environmental Department,
arrives in Denver from the
Spohn
firm’s Austin office.
Judy Vorndran, CPA,
JD, has been admitted to
partnership in the Colorado
office of Eide Bailly CPAs, as
state and local tax partner.
Greenslade
Vorndran has more than
17 years of public accounting experience, specializing
in state and local taxation.
Her practice encompasses
start-ups to more estabVorndran
lished companies. S he
serves clients with state and local tax
expertise in a variety of industries.
Denver District Court
Judge Christina M.
Habas, who is leaving the
bench on July 13, will join
Keating Wagner Polidori
Habas
Free P.C. as a shareholder
and trial lawyer.
Brownstein Hyatt Farber Schreck
continues its associate growth, adding Caitlin S. Quander to the firm’s
real estate department. Leveraging
experience in real estate zoning and
development issues, Quander’s practice
focuses on land use and general transactional real estate.
has become a partner of
the firm, which will continue under the name
Chalat Hatten Koupal &
Banker PC. Banker repreBanker
sents plaintiffs in the areas
of ski and recreation injuries, medical
and legal malpractice, and catastrophic
motor vehicle collisions.
Nathan, Bremer, Dumm & Myers,
P.C., Attorneys at Law, is pleased to
announce its move to 7900 E. Union
Ave., Suite 600, Denver. The firm’s phone
numbers, email addresses, and website
will remain the same.
Fisher & Suhr, P.C. is pleased to
announce the opening of its new office
location in Writer Square—1512 Larimer
St., Suite 730, Denver; phone, (303) 4361224. The firm continues to specialize in
commercial real estate transactions, commercial financing transactions, sale and
merger of small businesses, formation
and maintenance of corporations, partnerships and LLCs, and the preparation
and negotiation of contracts.
Senn Visciano Canges, P.C. is
please to announce the relocation of its
offices to the Wells Fargo Center at 1700
Lincoln St., Suite 4500, Denver; telephone, (303) 298-1122; and fax, (303)
296-9101.
The firm is a full-service law practice
in the areas of real estate; litigation and
arbitration; appellate law; construction;
corporate transactions; leasing; lending
and foreclosures; family and domestic
law; estate planning and probate litigation.
Wheeler Trigg O’Donnell LLP has
moved to 370 17th St., Suite 400, Denver. Phone, fax, email, and web address
will remain the same.
BRICKS & MORTAR
Criminal defense and
family law attorney Karen
Steinhauser has opened
the Law Office of Karen
Steinhauser LLC in CentenSteinhauser
nial. As a solo practitioner,
Steinhauser will provide criminal defense
litigation and family law services.
Chalat Hatten & Koupal PC is
pleased to announce Evan P. Banker
L ars and Jessica
Fuller would like to
announce the birth of their
son, Luke August Fuller,
on April 22. Lars is of counLuke August
sel at Baker Hostetler LLP,
Fuller
and Jessica is an associate
at Rothgerber Johnson & Lyons LLP.
They both would like to express special
thanks to both firms for all their support.
NEW FACES
27
DATES ON THE
DOCKET
DBA EVENTS
FOR THE PUBLIC
All DBA meetings are scheduled at 1900
Grant St., Suite 900, in Denver, unless
otherwise noted. Call Melissa Nicoletti,
(303) 824-5321, to schedule committee
meetings so they will appear in this calendar.
To volunteer for the DBA Public Legal
Education programs or for more information,
unless otherwise indicated, contact Meghan
Bush at (303) 824-5303.
JULY 12
Bankruptcy Clinic
U.S. Bankruptcy Court
721 19th St.
1:30–3 p.m.
DBA Board of Trustees
7:30–9 a.m.
Call Denise Lynch,
(303) 824-5327.
JULY 17
Community Action Network
Noon–1 p.m.
Call Kate Schuster,
(303) 824-5312.
JULY 25
Docket Committee Bar Review
5:30 p.m.
Rathod|Mohamedbhai LLC
1518 Blake St.
Call Sara Crocker,
(303) 824-5347.
AUG. 1
Docket Committee
Noon–1 p.m.
Call Sara Crocker,
(303) 824-5347.
AUG. 2
Democracy Education
Noon–1:30 p.m.
Call Meghan Bush,
(303) 824-5323.
AUG. 7
Denver Access to Justice
Committee Meeting
Noon–1:30 p.m.
Call Meghan Bush,
(303) 824-5303.
AUG. 9
DBA Board of Trustees
7:30–9 a.m.
Call Denise Lynch,
(303) 824-5327.
JULY 10
JULY 11
Lawline 9
4–6:30 p.m.
JULY 17
Small Claims Clinic
Denver City and County Building
1437 Bannock St., Room 164
11 a.m.–1 p.m.
Pro Se Family Law Clinic
Office of
Economic Development
1200 Federal Blvd.,
Room 1018
5:30–7 p.m.
Call (720) 944-2594.
Legal Night at Mi Casa
360 Acoma St.
5:30–7 p.m.
Call (303) 573-1302.
JULY 18
Pro Se Divorce Clinic
1437 Bannock St.
Courtroom 22
Noon–1:30 p.m.
Lawline 9
4–6:30 p.m.
JULY 19
Collections Clinic
Denver City and County Building
11 a.m.–1 p.m.
JULY 25
Lawline 9
Senior Law Day
6:30–8 a.m.
Bankruptcy Clinic
721 19th St.
1:30–3 p.m.
Lawline 9
4–6:30 p.m.
JULY 28
Senior Law Day
Denver Merchandise Mart
451 E. 58th Ave.
8 a.m.–1 p.m.
Call Kath Schoen,
(303) 824-5305.
AUG. 1
Lawline 9
4–6:30 p.m.
Legal Night At
El Centro De
San Juan Diego
2830 Lawrence St.
5:30–7 p.m.
Call (303) 295-9470.
AUG. 8
Lawline 9
4–6:30 p.m.
AUG. 14
Bankruptcy Clinic
721 19th St.
1:30–3 p.m.
AUG. 15
Pro Se Divorce Clinic
1437 Bannock St.
Courtroom 22
Noon–1:30 p.m.
Lawline 9
4–6:30 p.m.
AUG. 16
Collections Clinic
Denver City and County
Building
11 a.m.–1 p.m.
AUG 21
Small Claims Clinic
Denver City and County
Building
11 a.m.–1 p.m.
Pro Se Family Law Clinic
Office of
Economic Development
1200 Federal Blvd.,
Room 1018
5:30–7 p.m.
Call (720) 944-2594.
Legal Night at Mi Casa
360 Acoma St.
5:30–7 p.m.
Call (303) 573-1302.
AUG. 22
Bankruptcy Clinic
721 19th St.
1:30–3 p.m.
Lawline 9
4–6:30 p.m.
AUG. 29
Lawline 9
4–6:30 p.m.
Financial Assistance for
Colorado lawyers
The DBA
Waterman Fund
provides financial assistance for
“aged, infirm, or otherwise incapacitated
lawyers who have practiced in Colorado
for a minimun of ten years.”
www.cobar.org/watermanfund.htm
Denver Bar Association Waterman Fund
1900 Grant St., Ste. 900
Denver, Colorado 80203
Phone: (303) 824-5319 • Fax: (303) 861-5274
TROUBLED BY RUDE AND
UNPROFESSIONAL ATTORNEYS?
The following lawyers are willing to
take calls on a confidential basis, for guidance, tips,
and strategies for dealing with opposing counsel.
Ralph Torres:
(303) 297-8427
Dave Furgason:
(303) 861-8013
Fran Fontana:
(303) 468-2668
Sponsored by
THE DBA PEER PROFESSIONALISM
ASSISTANCE COMMITTEE
29
PICTURE
THIS
CTLA Hosts 15th Annual Spring Dinner
The Colorado Trial Lawyers Association honored members at its 15th Annual Spring Dinner on May 3. Daniel W. Patterson, a
mediator with Conflict Resolution Services, Inc., received the Kenneth Norman Kripke Lifetime Achievement Award and Nelson P.
Boyle of Carter Boyle LLC received the New Trial Lawyer of the Year Award. CTLA also presented the Outstanding Service to CTLA
Award to Leventhal, Brown & Puga, PC and gave special recognition to Michael Mihm of Starrs Mihm LLP for his help during the
legislative session. In addition, CTLA announced the 2011 Case of the Year Award, which acknowledges the positive impact that a
single case can have on correcting injustices, advancing fairness under the law, changing attitudes, or providing economic incentives
to protect public safety. David Woodruff of Hillyard, Wahlberg, Kudla, Sloane & Woodruff, LLP received the 2011 Case of the Year
Award for Baby Abigael v. “K,” a California HMO.
Catherine Patterson, Robert F. Kennedy, Jr., Kenneth Norman Kripke Lifetime Achievement
Award winner Daniel W. Patterson, Susan Patterson, and Julia Patterson. Kennedy, a
professor of environmental law at Pace University School of Law, was the keynote speaker.
Rebecca and Abigael Blasco pose with CTLA
Case of the Year winner David Woodruff.
Howard Zucker, Spring Dinner chair, catches up
with Holly Bennett, deputy director at CTLA.
Hollynd Hoskins and Natalie Brown accept the Outstanding
Service to CTLA Award on behalf of Leventhal, Brown &
Puga, PC from CTLA lobbyist Adam Eichberg.
30 The Docket I July/August
June 2012 2012
DBA HAPPENINGS
A Day of Art for Law Day Winners
Winners and the classes of the DBA’s Law Day Art Contest were invited to the Denver Art Museum, where the winning students,
Cody Lindholm and Cindi Garcia-Magano, had their artwork on display for their classmates to see and they enjoyed a day exploring
the rest of the museum.
Cindi Garcia-Magano, who won the DBA Law Day Art Contest in the grades
third through fifth division, poses with her artwork.
Student of Green Valley Elementary School pose before their tour of the
Denver Art Museum.
Students from Knapp Elementary toured the Denver
Art Museum in May.
31
SAMUEL GORDON, ESQ.
ELAINE A.WOHLNER, E SQ. HON. RICHARD D. TURELLI
HON. JOHN P. LEOPOLD
SHELDON E. FRIEDMAN, ESQ.
HON. HARLAN R. BOCKMAN
HON. TERRI S. DIEM
JOHN E. HAYES, ESQ
HON. JAMES S. MILLER
Randall C. Mustain-Wood, Esq
JAMS WELCOMES:
Hon. William F. Downes (Ret.) brings to his ADR
practice 17 years of experience as a federal judge
in the U.S. District Court of Wyoming,12 years of
which he was the Chief Judge. Judge Downes has
extensive experience presiding over both bench
and jury trials in areas such as product liability,
energy matters, civil rights, catastrophic personal
HON. WILLIAM F. DOWNES
injury, and professional liability. Prior to becoming
a judge, he was an accomplished trial lawyer in
Wyoming, handling cases ranging from tort and real estate matters to
medical malpractice and personal injury disputes.
410 17TH STREET, #1600
DENVER, CO 80202
LOCAL:
303.534.1254
TOLLFREE: 1.866.534.1254
THE RESOLUTION EXPERTS®

Here - Denver Bar Association

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