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Docket
The
Denver Bar Association I Vol. 33 Issue 7 I July/August 2011
Inside
Shpoonkle: A
Reverse-Auction
Site for Legal
Services
by Nicole M. Mundt
The Caffeine Blues:
Sipping at
Coffee Etcetera
by Greg Rawlings
and Marshall Snider
A New
President
in Bloom
Ilene
Lin
Bloom
will take the helm,
bringing energy
and a passion for pro bono.
Considerations for
Choosing a Career
in Public Service
by James Hardy
samuEl Gordon, Esq.
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Docket
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Docket
The
Denver Bar Association I Vol. 33 Issue 7 I July/August 2011
ON thE COVER
4
A New President in Bloom
10
Making a Career Change: Choosing Public Service
11
Shpoonkle: Justice for Legal Professionals?
19
The Caffeine Blues, Round Two
FEAtURES
7
2011–12 DBA Governance
12
‘Deskercise’ for the Office-Bound
13
Alec Baldwin Kicks Off Family Law Institute
14
Practicing Law in a War Zone
16
Litigation & Plantation
21
Tips on What to Do When a Reporter Calls
23
Are You Ready For Some Football?
4
12
IN EVERY ISSUE
26
Legal Affairs
28
Dates on the Docket
30
Picture This
The Docket
A publication of the Denver Bar Association.
Views expressed in articles are those of the
author, and not the views of the authors’
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, Michael J.
Decker, Craig C. Eley, David L. Erickson, Loren
R. Ginsburg, Rebecca I. Gumaer, Robert J.
Kapelke, Paul F. Kennebeck, Natalie Lucas,
Alicia J. McCommons, Daniel R. McCune,
Douglas I. McQuiston, William R. Meyer,
Nicole M. Mundt, Eric R. Newmark, Siddhartha
H. Rathod, Gregory D. Rawlings, Frank J.
19
16
Schuchat, Marshall A. Snider, Daniel
A. Sweetser, Erica Vargas, Anthony
J. Viorst, Dennis P. Walker
DBA Officers: Ilene L. Bloom, President;
James G. Benjamin, President-Elect;
William W. Hood III, First Vice President;
Lucia C. Padilla, Second Vice President;
Stacy A. Carpenter, Immediate Past
President; Richard Strauss, Treasurer
Board of Trustees Members: Catherine
A. Chan, Paul Chessin, Janet Drake, Michelle B.
Ferguson, Vance O. Knapp, Daniel R. McCune,
Meshach Rhoades, Daniel A. Sweetser, Andrew
M. Toft; Chuck Turner, Executive Director
Editor: Sara Crocker
P.C. Editor: Chuck Turner
Graphic Designer: Kate Mills
(303) 860-1115
denbar.org/docket
Copyright 2011. 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
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July/August 2011 I The Docket
3
Profile of the New DBA President
A New President
In Bloom
by S ar a C ro cke r
“The soul of a poet,
the eye of an artist, the
compassion of Atticus
Finch, all wrapped into
the Energizer Bunny.”
That was the succinct and vivid
description Craig Joyce offered about
Ilene Lin Bloom, the Denver Bar Association’s incoming president.
Bloom worked with Joyce on a federal case shortly after she moved to
Colorado. Bloom had met Joyce’s thenpartner Bill Walters at a DBA committee
meeting and they struck up a conversation. Walters brought Bloom on the case
when he found out she was new to town
and looking for work.
“She was a dream come true,” Joyce
said. “Smart, energetic, good writer. I
4 The Docket I July/August 2011
don’t know how I would have done the
case without her.”
In the nine short years Bloom has
lived in Denver, she has made a distinct
impact on the legal community. On July
1, she becomes the DBA’s 122nd president.
After moving to Denver from
Chicago in 2002, Bloom immediately
began establishing herself at the DBA
through her participation in its Access to
Justice Committee, then known as the
Legal Services Committee.
“I joined that committee and I
started to get to know more people
around the bar association,” she said.
Since then, she’s left her mark in
two areas that encourage pro bono work.
First, she helped draft the language for
a new rule, C.R.C.P. 223, the Pro Bono/
Emeritus Attorney Rule, which allows
inactive and retired attorneys to provide
such services to the indigent. She also
was instrumental in drafting the model
pro bono policy appended to Colorado
Rule of Professional Conduct 6.1. This
encourages lawyers to engage in pro bono
work, with a goal of providing 50 hours
annually. Bloom said she’s glad to see
that the model policy has been a useful
tool for firms.
“I think some firms have used the
model pro bono policy for their own workplaces and it has assisted them in signing
up for the Colorado [Supreme Court’s]
pro bono initiative and in following
through on that commitment,” she said.
Colorado Legal Services Executive
Director Jon Asher says that where there
is recognition for or encouragement of
performing pro bono work, Bloom has
helped—“they all have Ilene’s finger-
prints all over them,” he said.
For Bloom, pro bono has been
ingrained in her practice from
the start—her first job out of law
school was coordinating pro bono
projects for attorneys across the
country at the international firm
Winston & Strawn. She also carried
her own pro bono caseload.
“For me, because I’ve been
doing [pro bono] since day one, it
just feels like a part of my practice,”
she said.
Since moving to Denver, she
has worked for law firms largely
on a contract basis so that she had
the flexibility to spend time with
her family and to volunteer. When
Bloom was awarded the DBA’s 2004
Young Lawyer of the Year, just two
years after she relocated to Denver,
it was noted in The Docket that she
spent about half her time working Bloom with her husband, JJ Henrikson, and their children, Hayden, 3, and Harper, 1.
on pro bono issues.
developing as we were going through it,
“She is a natural leader,” she said.
“I really think we have a professional
but I enjoyed it because it was very spe“She has all the best qualities you would
responsibility to give back to the commucialized and it was interdisciplinary—it
want in bar leadership—intelligence,
nity, especially because we have a license
was very, very pointed.”
compassion, and vision.”
and no one else can help people with
Bloom worked as an intern at what
Welch and Bloom met in law
their legal issues,” she said.
is now the Rocky Mountain Children’s
school—as fellows at the Civitas ChildAs Bloom looks toward her term as
Law Center when she was a second-year
Law Center at the Loyola University
DBA president, pro bono work will be a
law student. “[After that experience] I
Chicago School of Law. Bloom was interpart of her message to members.
always thought about coming back to
ested in becoming a lawyer because
“I really want to continue to grow
Colorado,” she said.
she wanted to work with children, and
and strengthen Metro Volunteer LawToday, she has her own firm, Ilene
thought being a lawyer would give her
yers and members’ commitment to pro
Lin Bloom PC, and she largely works with
a chance to positively impact children’s
bono,” she said.
firms on a contractual basis. Bloom also
lives.
During her term, she also hopes to
is a regular volunteer at the legal nights
Her mother, Shirley Pasowicz, said
highlight issues in the profession, such
at Mi Casa Resource Center and El Censhe could see Bloom’s passion for the
as diversity, work–life balance, and protro de San Juan Diego. Until recently,
legal profession emerging as a child.
fessionalism, but largely she hopes she
she served on the board of The Conflict
“Before Ilene ever expressed a desire to
can respond to needs of the DBA as
Center, and she continues to support the
be an attorney, we used to joke that she
issues arise. Given Bloom’s past involveorganization.
would make a good one, because she was
ment with the DBA, taking on this role
Balancing her work, volunteera great debater, whether it was for diswas a logical next step.
ing, and time with her family—she and
cussions on a personal level or outside
“It just seemed like a natural prohusband JJ Henrikson have two chilissues,” Pasowicz said. “But her intergression to become more involved in that
dren—can at times be tough.
est really blossomed in her high school
way,” Bloom said. “Even five years ago, I
“It’s difficult, but that’s part of the
years.”
did think to myself that I might like to be
challenge,” Bloom said. “I think I’m wired
At Loyola, Bloom was part of the
the president one day.”
like that—I need to have a lot of things
inaugural class for the child-law program.
Leecia Welch, an attorney at the
going on.”
“It was the first of its kind,” she said.
National Center for Youth Law, is thrilled
W hen Bloom talks about her
“It was interesting being on the ground
for her longtime friend to take on the
floor of the program because it was really
presidency.
Bloom, continued on page 8
July/August 2011 I The Docket
5
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6 The Docket I July/August 2011
2011–12 DBA Governance
Meet Your DBA Officers
Bloom
Benjamin
President
Ilene Lin Bloom
President-elect
James G. Benjamin
Immediate Past President
Stacy A. Carpenter
First Vice President
William W. Hood III
Second Vice President
Lucia C. Padilla
Trustees
Catherine A. Chan
Paul Chessin
Janet Drake
Michelle B. Ferguson
Vance O. Knapp
Daniel R. McCune
Meshach Rhoades
Daniel A. Sweetser
Andrew M. Toft
Young Lawyers Division Chair
Gillian M. Bidgood
Treasurer
Richard Strauss
Executive Director
Charles C. Turner
New Board of Governors Representatives
Donna Bakalor
James G. Benjamin
Jaclyn K. Casey
Sheri M. Danz
Carpenter
Thomas J. DeMarino
Katayoun A. Donnelly
James G. Gaspich
William W. Hood III
Jerri L. Jenkins
Craig D. Joyce
Vance O. Knapp
Jonathan M. Lucero
D. Scott Martinez
Richard M. Murray
Lucia C. Padilla
Siddhartha H. Rathod
Meshach Rhoades
Continuing Board of
Governors Representatives
D. A. Bertram
Gillian M. Bidgood
Ilene Lin Bloom
Edward D. Bronfin
Stacy A. Carpenter
Catherine A. Chan
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
Daniel R. McCune
Patrick T. O’Rourke
Jerremy M. Ramp
Judith A. Smith
Richard Strauss
Daniel A. Sweetser
Hood
Padilla
Outgoing Board of Trustees
& Board of Governors
Immediate Past President
John A. Baker
First Vice President
Daniel M. McCune
Second Vice President
Kwali M. Farbes
Trustees
Nancy L. Cohen
Valerie A. Garcia
Annie T. Kao
Young Lawyers Division Chair
Anthony M. Ryan
Board of Governors Representatives
Andrew S. Armatas
John T. Baker
Aaron P. Bradford
Kristin M. Bronson
Nancy L. Cohen
Rebecca W. Dow
Craig C. Eley
Valerie A. Garcia
Annie T. Kao
Scott P. Landry
Douglas I. McQuiston
Barbara J. Mueller
Brian S. Popp
MaryBeth Sobel Schroeder
Kara D. Veitch
Daniel A. Vigil
Nina Wang
July/August 2011 I The Docket
7
Bloom rappelling down a rock face in the Blue
Mountains of Australia. Bloom is a lover of the
outdoors—enjoying running, hiking, and skiing—and
travel.
Bloom, continued from page 5
children—Hayden is 3 and Harper is 1—
she says she’s “in the thick of it” with a
big smile.
“I really am having a good time
exploring the world with my kids,” she
said.
That exploration happens whether
they are strolling through the Botanic
Gardens or heading up to Leadville for
the weekend—Bloom loves the outdoors and is an avid traveler. Her family
is planning an international trip to celebrate her 40th birthday in November.
Though they’re not sure yet, it could be
anywhere, including Vietnam, Spain, or
South America.
As Bloom looks forward to her term
as president, she says she finds inspiration personally and professionally from
Walters, who gave Bloom her first job in
Colorado and who was DBA president
from 2001 to 2002.
“He inspired me to get more
20 Years of High Quality
Affordable Dispute Management
involved in the bar and showed me that
it is possible to have balance,” she said.
“I also admire how he can see both the
serious and lighthearted elements of an
issue all at the same time. I have tremendous respect for Bill and am thankful for
his friendship.”
Walters said he has always admired
Bloom’s strong sense of leadership.
“She has a great way of engaging
people,” he said.
For Bloom, her time with the DBA
has been memorable, and she looks forward to the coming year. “I’ve just really
enjoyed being involved with the bar
association,” she said. “All of the people
I’ve met here have been genuinely good
people and inspiring to me.” D
Photos by Jamie Cotten and provided
by Ilene Bloom.
Save the Date
Legal
Film
Night
Thursday, Aug. 25, 6 p.m.
Daniel C. Himelspach
Janis Y. Cella
Leslie M. Lawson
Federico C. Alvarez
DISPUTE MANAGEMENT, INC.
1801 Williams Street Suite 300 Denver CO 80218
(303) 321-1115
free parking
www.DisputeManagementInc.com
[email protected]
8 The Docket I July/August 2011
DBA Offices • 1900 Grant St.
Questions:
Contact Lucia Padilla at 303.383.6583
or [email protected]
or Sarah Oviatt at [email protected]
CLE credit applied for.
Food and drinks will be provided.
Presented by the DBA Young Lawyers Division
ABA Annual Meeting
Sneak Peak
A sneak preview of the agenda for
the American Bar Association’s
House of Delegates at the ABA’s
Annual Meeting in Toronto is now
available. Visit denbar.org for the
agenda. For more information or
to comment on the ABA issues,
please contact Ilene Bloom at
[email protected] or troy
Rackham at [email protected].
Help Us Tell
the Story
A group of Docket contributors will start a
serial fiction story in the fall and we want
our readers to help fill in some details of
the story (and maybe throw our writers
some friendly curveballs). We’re looking
for a person, place, and a thing that should
be included in each part of the series. For
example, one part could include a lawyer,
a courthouse, and a gavel. Anything
goes—within PC reason. Please send your
suggestions to Docket Editor Sara Crocker
at [email protected].
July/August 2011 I The Docket
9
Making a Career Change: Choosing Public Service
by Jame s Hardy
T
wo years ago, I made a career
change. I left the AmLaw 250
firm (my second) where I had
practiced for two-and-a-half years to
begin working in the Appellate Division
for Colorado’s State Public Defender.
Six years into my legal career, I transitioned into an entirely new practice area,
working for clients who were the polar
opposite of those I represented in private
practice, and for an organization with a
limited budget and no profit motive. To
do this, I took a pay cut of more than 60
percent. Why would I do such a thing?
There were one or two elements of
big firm civil practice I did not mind leaving behind, but my stronger motivations
for a career change were the positives
of my new public service station. Many
of the attractions of my current job are
common to any public service position.
Anyone contemplating public service,
whether for a limited time or lifelong
career, right out of law school or contemplating a midstream career change, may
wish to consider these reasons to take
the public service plunge.
Mission. Public service organizations
are missionary. They seek to do right in
the world and their members believe
they are pursuing righteous and moral
goals. At the public defender’s office, for
instance, we pride ourselves in representing those without financial resources or
anyone else to speak up for their rights.
Public servants put doing social
good ahead of doing well financially. This
in turn invests the members of public
service organizations with individual
purpose and collective camaraderie that
is rare in private practice—or most any
workplace.
Experience and Autonomy. Although not
true in every case, more often than not
public service jobs provide more opportunities to gain advanced experience and
greater autonomy in handling projects.
Public service attorneys get more handson experience—more client contact,
10 The Docket I July/August 2011
more court time, more access to decision
makers, and more opportunities to make
key decisions.
With this, of course, comes great
responsibility. At the public defender’s
office, limited human and financial
resources combined with large caseloads
(factors that intensified with the recession) require that attorneys take on a
great deal of responsibility from day one.
People and Work Environment. Public
service jobs tend to unite like-minded
people with a common goal. There’s nothing like working among common minded
co-workers, individuals who have chosen
their field for reasons central to who they
are as people, not for external reward.
The camaraderie is organic, not a false
product of marketing or peer pressure.
It takes little convincing to bring
together a group of people with similar,
yet personal motivations. By contrast,
private industry jobs tend to unite by
the single factor of financial incentive.
Although compelling, it does not create
bonds among people.
Conscience. Strange as it may seem,
soothing one’s conscience may be the
most selfish reason to go into public
service. Be the person you want to be
and self-respect follows. To be sure,
letting your conscience be your guide is
generally good social policy, but it’s also
a distinctly personal pleasure to engage
your social conscience and consciousness
every day through your vocation.
The Hours. As a general rule of thumb,
people in public service took their jobs
for reasons other than money or ambition. These folks tend to have more
balanced and holistic outlooks on the
role of career in one’s life and the proper
allocation of time to work, community,
family, friends, and leisure.
That said, there may not be a strictly
40-hour-per-week attorney job anywhere. While many public service jobs
are governmental (and many nonprofits
mirror government practices and hours),
the bureaucratic nine-to-fiver model
usually doesn’t apply to attorney jobs.
For one thing,
many public service jobs involve
regular trial practice, which, due to
its intense nature,
will always involve
long hours. Other
public service positions sometimes
require extra hours
to compensate for Hardy
limited resources or short staffing. The
fluid and interpretive nature of law means
that legal jobs combining responsibility
and intellectual challenge are never truly
finished. Inevitably, there will be a few
nights and weekends. When you are
passionate about your work, these rarely
seem like a sacrifice.
All of that said, public service professions tend to focus on productivity
and efficiency—getting the job done—
not facetime or long hours. There is no
advantage in putting in more time than
necessary to do the job well. Peers and
supervisors respect you for your acumen,
not your willingness to work nights and
weekends.
I made my own move for all of these
reasons, as well as some unique to joining
the public defender. Some of you reading this may be contemplating a career
change of your own but may not know
where you want to work. I cannot speak
to the specifics of land conservation or
counseling charitable organizations, but
I can tell you from an insider’s perspective why the State Public Defender is
a great place to work and what kind of
motivations would lead one there.
Regardless of specific inclinations,
all attorneys should consider public service. The rewards are deep and lasting,
and the challenges only make the job
more worthwhile. D
James Hardy welcomes your questions
and comments about transitioning to public
service work. He can be reached at jshardy@
gmail.com.
Shpoonkle: Justice for Legal Professionals?
by Nicole M. Mundt
F
or an attorney who opted for a
career in social media, I shouldn’t
be sur prised to learn about
Shpoonkle, a new website where clients
advertise their issues and the services
they need and lawyers bid to take their
cases. While its name choice may be
questionable, Shpoonkle is reporting
success after going live in March. The
site has been referred to as the “eBay
for Lawyers,” and its release has proven
incredibly controversial.
Shpoonkle’s critics are grumbling
about how the site is ruining the legal profession. Their argument that
Shpoonkle “devalues” our profession—
a race to the bottom, if you will—leads
to questions about quality of practice. I
would argue, however, that the billable
hour structure effectively follows the
same model. More experienced attorneys charge exponentially more per hour
than a second or third year associate in
the same field. All other things being
equal, it’s fair to say the greener associate would also likely take longer to complete the project.
The point is, this all becomes a costbenefit analysis for the client, who would
otherwise shop firms to find the highest
level of expertise for the lowest hourly
fee. Where the experience line intersects
with the cost line is different for every
client and every situation. One may opt
for a lower hourly rate for a less experienced associate for a routine issue, while
choosing to pay a premium for a named
partner to draft a complex shareholder’s
agreement. That concept doesn’t change
simply because the attorney-client relationship is cultivated online. Shpoonkle
also eliminates the need for free consultations or debates about the terms of an
engagement letter.
In my opinion, Shpoonkle’s greatest attribute is that there are a number of talented, unemployed attorneys
out there who would be happy to use
Shpoonkle to bide their time between
firm gigs. Not to mention the attorneys
who have “unconventionally” chosen to
practice law part-time while raising a
family, who have decided to switch states
and enter a new legal market, or are beginning to building their own client base
and ultimately their own firms.
The backlash over Shpoonkle reiterates just how antiquated the legal
profession remains: The GOOD lawyers
are the ones who work for the BIG firms.
Not anymore. Ask the lawyers of recent
generations whether they would rather
work for a big firm, billing 2,200 hours
a year or have their own firms and the
ability to work from home with a flexible
schedule. Shpoonkle is simply facilitating this paradigm shift.
The well-known legal blog Above
The Law wrote a scathing critique of
Shpoonkle, but in the same breath noted
that those in the profession shouldn’t be
too surprised by its creation: “You can’t
charge exorbitant hourly rates to wealthy
clients for routine legal work and still
call yourself a ‘profession’ instead of
‘just another business.’ You can’t raise
the price of legal education to the point
where young lawyers have to mortgage
their financial futures before they even
sit for the bar and still attract cautious
and temperate professionals. You can’t
advertise on television and Twitter [and]
turn courtrooms into reality shows …
and yet still expect there to be some ‘professional dignity’ involved when somebody dangles the opportunity to make a
buck in front of some lean and hungry
legal service provider. In short, you can’t
do all of the things the legal profession
has done over the past 20 or 30 years
and expect to get anything other than a
big pile of Shpoonkle.”
Despite ATL’s conclusion that
Shpoonkle is nothing more than what
its name implies, it’s hard to ignore the
point that there simply aren’t enough
jobs to support the number of lawyers
out there. And a lack of jobs doesn’t
mean the law school debt magically disappears. For young and seasoned lawyers alike, the fact remains that the big
firm model isn’t working anymore and
lawyers have bills to pay. I actually think
Shpoonkle (despite its awful name) is an
alright concept. I will be curious to see
how (not if) the legal profession adapts
to incorporate social media. Change
isn’t always bad, my friends … even with
a name like Shpoonkle. D
July/August 2011 I The Docket
11
Wellness Brief
‘Deskercise’ for the Office-Bound
by MINE S & A ss o ci ate s
M
ost people who exercise regularly say that being active
makes them feel healthier
and more energetic. And that’s not limited to joggers or tennis players. Many
office workers are doing simple exercises
at their desks, with surprisingly healthy
benefits. These activities give you a
mental boost, fight stress, and promote
flexibility, health experts say.
The body dislikes staying still for
long. The longer you’re still, more tension accumulates from being in one
position—yet the average American sits
for seven and a half hours a day! If you’re
stuck behind a desk for that long, you can
do some simple exercises while sitting or
standing—no special skills or equipment
needed. One of the simplest exercises,
for instance, is to just lean back in your
chair and stretch. Mind you, these exercises won’t develop your cardiovascular
system, build strength, or make you look
better in your bathing suit, but they will
reduce muscle tension and stress and
help maintain the strength, flexibility,
and muscle tone you already have.
If you work at a computer, stretch
your wrist muscles occasionally and take
short breaks, health experts recommend.
The idea is to prevent carpal tunnel syn-
12 The Docket I July/August 2011
drome, a painful wrist malady
caused by repetitive movement. It’s also important to
get up and walk around frequently, even if it’s just to a
filing cabinet. Sitting for long
periods puts stress on the
lower back and leads to muscle
atrophy and a loss of flexibility.
A 10-minute walk is the best
exercise for the office-bound,
but when that’s not possible,
doing quick exercises at your
desk is the next best thing.
When doing these exercises, go slowly and use the full
range of motion. Remember
to breathe normally while holding your
body in one of the stretching positions.
When you’re done, finish with some
slow, deep breathing. Experts recommend doing the following desk exercises
every hour or so, even if you do only one
exercise at a time. Anything is better
than staying in one position.
Pectoral Stretch
Purpose: Stretches pectorals or chest area.
Clasp hands behind head. Pull shoulder blades together and elbows back.
Repeat two times.
Sitting Bend
Purpose: Stretches lower back and hamstrings.
Sit in a chair, feet flat on the floor,
knees about 12 inches apart, hands at
sides. Bend over as far as comfortable,
hands reaching toward or touching the
floor. Hold for three to five seconds and
then slowly pull your body back up into
a sitting position while tightening your
abdominal muscles. Relax, and repeat
four to five times.
Wrist Flexion and Hyperextension
Purpose: Stretches wrists.
Flexion: gently apply force with
the left hand to stretch the right wrist
toward the underside of the right forearm. Hold for three to five seconds, relax,
and repeat with other side. Repeat exercises five times with each wrist.
Hyperextension: gently apply force
with the left palm to bend the right hand
backward. Hold three to five seconds,
relax, and repeat five times with each
wrist.
Hug
Purpose: Stretches back and shoulders.
Brings arms across chest trying to
touch as far around the back as possible.
Hold for 10 seconds, relax, and repeat
with a different arm on top.
Head Tilt
Purpose: Loosens up and stimulates neck
muscles.
Slowly bend head to the right as far
as possible, then to the left, then forward
(with chin against your throat) and to the
back. Repeat two times in each direction.
Vertical Stretches
Purpose: Reduces tension and activates all
major muscle groups.
With feet shoulder-width apart,
rise up on toes and extend the arms
overhead. Alternately, reach as high as
possible with each hand for seven to 10
seconds. Relax, and repeat exercise four
times. D
Published as part of MINES & Associates Personal Advantage services and
available at MINESandAssociates.com.
Originally published by Krames Staywell,
adapted by MINES & Associates P.C.
Wellness Brief is a monthly column
that will look at all aspects of health and
living well and offer tips on how to bring
well-being to your daily life. Is there a topic
you would like to read about? Please email
suggestions to Docket Editor Sara Crocker,
at [email protected].
A Seat at The Bar
Alec Baldwin Kicks Off Family Law Institute
B y S ar a C ro cke r
B
renda Storey has been working since
October to create a catalyst to start
a discussion on the current practices in
family law. This year, there will be a Kickoff to the Family Law Institute and the
special guest, who has some tough words
for family law lawyers, will be actor Alec
Baldwin.
Baldwin, who wrote the book
“A Promise to Ourselves: A Journey
Through Fatherhood and Divorce” following his public divorce from Kim
Basinger and his custody fight for his
daughter Ireland, describes today’s treatment of family issues in the courts as a
cold and exploitative event: “To be pulled
into the American family law system in
most states is like being tied to the back
of a pickup truck and dragged down a
gravel road late at night. No one can hear
your cries and complaints, and it is not
over until they say it is over.”
The kickoff will be held Aug. 11, the
day before the Family Law Institute convenes in Breckenridge Aug. 12 to 14. The
event also will serve as a fundraiser for
the Legal Aid Foundation of Colorado, an
idea Storey said Baldwin suggested. The
theme of this year’s Institute is “Say You
Want a Revolution,” so the kickoff event
at the Marriot City Center Hotel in Denver will start the conversations early.
Though Storey knows not everyone
will appreciate Baldwin’s take on family
law, the Family Law Section Chair hopes
is not meant to be disrespectful of those
who work within the legal system.
the event will entertain, educate, and
“He really respects good lawyers,”
challenge people to change.
she said. “He respects the system; he just
When Storey first started the process
wants to change it.” D
of inviting Baldwin, she was unsure of
whether he would be interested. When
she spoke with Baldwin from the set of
If you go: Kickoff to the Institute with
the TV show “30 Rock,” she was caught
Alec Baldwin
off-guard by the personal call and the
5:30 p.m. Aug. 11, Marriott City Center
fact that he went through his calendar
Hotel, 1701 California St.
Dinner and a conversation about the family
with her to find a date that would work
law system with Baldwin. Pre-purchase of
for them both.
Baldwin’s book, “A Promise to Ourselves” will be
Baldwin had never been approached
available. Guests who pre-purchase the book
by a bar association to discuss his book,
with be entered into a lottery for an intimate
which he wrote with Mark Tabb.
book signing. The 25 selected will get to spend
an hour with the actor following the event.
“I asked him to look them [the lawCost to attend: $90 for students/young
yers at the event] in the eyes and tell
lawyers;
$115 for Family Law Section members;
them, me, us what we’re doing wrong,”
$125 for Colorado Bar Association members;
Storey said of her approach in inviting
$150 for nonmembers. Register by Aug. 1
Baldwin to speak.
by calling (303) 860-1115 or email melissan@
Despite how people may feel about
cobar.org. A registration form, available at
cobar.org/family, must be completed to RSVP.
Baldwin personally, Storey said the
same issues—personal attacks and
being brought to
one’s breaking point
during a divorce or
custody battle—are
relatable to others.
T hroughout her
Friday & Saturday,
planning process for
August 19 & 20, 2011
the Institute, Storey
has been surprised
This summer, Hispanic DU Law graduates, former MALSA
to find how few in
and LLSA members and friends will gather at the University
of Denver to reminisce and rekindle old relationships over
the family law realm
cocktails and dinner. And … if you must, the weekend will
know that Baldwin
include affordable CLE programs led by your accomplished
wrote this book ,
Latino colleagues throughout the profession.
which was published
We hope you will join us!
in 2008.
For questions, please contact Alfredo Peña, at 303.333.9800,
“What I appreext. 138 or [email protected] or contact Laura Dean at
303.871.6122 or [email protected].
ciate about his book
is that he doesn’t
Reunion Committee
Ralph G. Torres, JD’70
Aurora R. Hernandez, JD’76
just complain; he
Baltazar Baca, JD’72
Dolores Atencio, JD’80
actually makes some
Alfredo Peña, JD’75
Diego Hunt, JD’97
good suggestions,”
Storey said.
Although Baldwin hopes the
system will change,
Storey said his book
save the date!
Reunion Weekend for
Hispanic DU Law Alumni!
July/August 2011 I The Docket
13
New Dawn Journal
Practicing Law in a War Zone
by C ap tain J effre y S he rman
Editor’s Note: This is an occasional column by Jeffrey Sherman, who will share his
experiences as a deployed Reserve Officer as
part of Operation New Dawn in Iraq. This
column delves into practicing law in Iraq.
s a corporate and securities lawyer deployed to Iraq with the U.S.
Army Reserve, I am frequently
asked, “What kind of law do you practice
in Iraq?” That is a great question. Clearly,
the Army is not undertaking an IPO,
and we are not contemplating acquiring
the British Royal Navy (as fun as both
transactions might be). Most people are
familiar with the existence of courtsmartial, if only because they’ve seen “A
Few Good Men.” In reality, officers in the
JAG Corps practice in more than 10 legal
disciplines. In my brigade, we have three
attorneys. Our jobs are divided by core
legal discipline, but we assist in all areas
when needed.
My roommate, Capt. Brian Azevedo,
is trial counsel and is an operational law
attorney. As trial counsel, he serves as
the brigade’s prosecutor. He counsels
commanders regarding the Uniform
Code of Military Justice, drafts criminal
A
14 The Docket I July/August 2011
and administrative charges, and tries
soldiers at courts-martial for serious
misconduct. He has led courts-martial,
Article 15 Non-Judicial Punishment, and
administrative separation actions for a
wide range of misconduct.
As an operational law attorney,
Azevedo is the brigade’s expert regarding the Rules of Engagement, the U.S./
Iraq Security Agreement, and the treaties that govern our operations in Iraq.
We are occasionally pulled out of bed
and brought to the Tactical Operations
Center (TOC) to advise the commander
regarding the legal implications of proposed military operations.
Before I joined the Army, I had no
knowledge of military terminology. I had
to learn the different types of military
units. For example: a platoon has about
40 soldiers, a company has about 120,
a battalion about 500, a brigade about
4,000, and a division about 15,000. The
TOC is the nerve center of every battalion-sized or larger unit.
Typically, TOCs look like a version of
NASA mission control. A battalion TOC
might have two tiers of workstations,
each with multiple computers, phones,
and radios. Our brigade TOC has four
tiers of workstations. The Joint Opera-
tions Center in Baghdad (which oversees
about 48,000 troops now, down from
150,000 troops at the height of the
surge) looks like an auditorium with 20
or more rows of workstations. In front
are multiple big screen displays that can
show information ranging from CNN to
classified intelligence.
I serve as deputy brigade judge
advocate and chief of fiscal law and client services. Fiscal law addresses the
issues relating to the appropriation and
expenditure of taxpayer money. As you
can imagine, feeding, housing, arming,
protecting, and caring for 4,000 troops
spread out over four forward operating bases requires millions of dollars of
goods and services. The U.S. Constitution provides, “No Money shall be drawn
from the Treasury, but in Consequence
of Appropriations made by Law.” Consequently, every time the Army wants to
spend money, it needs specific Congressional authorization. It is my job to make
sure that such authority exists, and that
we comply with its terms.
Another aspect of our fiscal law
program is the Commander’s Emergency Response Program (CERP). CERP
enables commanders to meet urgent
humanitarian or reconstruction needs of
the Iraqi people. We have rebuilt roads;
improved security and electrical production; trained farmers, doctors, and
midwives; and repaired courthouses,
hospitals, and police stations under the
auspices of CERP. Of course, all proposed
CERP projects need legal review.
As chief of client services, I run
our foreign claims and legal assistance
operations. Under the Foreign Claims
Act (FCA), the U.S. reimburses Iraqis if
we damage their property, except if the
damage is incurred as a result of combat operations. For example, if a Stryker
vehicle accidentally bumps into a private
car while driving through a town, we will
reimburse the owner for his repair costs.
But, if we damage a house while attacking insurgents, we cannot reimburse the
property owners under the FCA. Iraqis
come to the gates of FOB Warhorse twice
a week to present their claims. I act as
a one-member Foreign Claims Commission and adjudicate their claims. We are
able to quickly compensate them, which
can significantly improve their lives
and build trust and positive relations
between the U.S. and the Iraqi people.
Legal assistance consists of helping
individual soldiers with their personal
legal issues. From the privacy of an airconditioned Conex shipping container,
I counsel soldiers regarding tax, family,
consumer, trusts and estates, and military administrative law matters. Soldiers
have an important mission here that
requires 100 percent of their attention.
My job is to help them maintain their
morale, undistracted by legal concerns.
Frequently, soldiers really just want the
opportunity to unburden themselves to
an officer who will give them undivided
attention. Although we have outstanding mental health and chaplaincy staffs
at FOB Warhorse, I sometimes serve as
an additional outlet for soldiers who are
struggling with personal issues. I take a
great deal of pride in making sure that
I am available to see legal assistance clients seven days a week, whenever they
arrive at our office, with or without
appointments.
Our boss is Brigade Judge Advocate
(BJA) Maj. Matthew Vinton. Vinton graduated from West Point and University of
Florida Fredric G. Levin College of Law.
He is an Army Ranger and former infantry
officer. Because of his extensive experience as a combat arms officer, Vinton has
unique insights into the issues of Stryker
brigades such as ours. As BJA, he is essentially the general counsel of the brigade.
He is a trusted adviser to the commander,
providing him with risk assessments
and acting as a sounding board. He also
oversees all administrative law matters,
such as investigations, as well as counseling the other staff sections, such as the
S-1 (personnel), S-2 (intelligence), and
S-3 (operations). Finally, he supervises,
trains, and mentors the attorneys and
paralegals in our office.
I look forward to returning to my
home in Denver. I am eager to see my
family and friends, my colleagues, and
my clients at Faegre & Benson. I miss our
beautiful mountains, the complete lack
of dust storms, and our 2011 Colorado
Rockies team! But, I feel blessed that I
had the opportunity to serve in Operation New Dawn.
Representing our brigade’s commanders and soldiers has been a
remarkable and rewarding experience.
The men and women of the U.S. Armed
Forces are as diverse and wonderful as
America itself. These men and women
left the comfort of civilian life and live
the Warrior Ethos, which demands that
they put mission first, never accept
defeat, never quit, and never leave a
comrade behind. I hope that the Warrior
Ethos of my military brethren will influence and inspire me in the important
work that we all do as members of the
Colorado Bar. D
Jeffrey Sherman practices corporate
and securities law at Faegre & Benson LLP
in Denver. He is serving as a Judge Advocate with the 2nd Stryker Advise and Assist
Brigade, 25th Infantry Division at FOB
Warhorse, Iraq. Sherman will return to
Denver in July.
July/August 2011 I The Docket
15
Denver attorney Justen Miller and his fiancée Lara Booher own a coffee farm near
San Isidro, Costa Rica. The beans are sold through a local cooperative.
&
Litigation
Plantation
Attorney Takes Roasting Out of the
Courtroom, Into the Coffee Business
by C r aig E le y
M
any of us probably would
like to get into some
other business, like one
where we could not be
held in contempt (at least by a judge).
However, we are hesitant to give up our
day, night, and weekend legal job, for fear
that the new business eventually would
fail, and by then we would be hopelessly
16 The Docket I July/August 2011
behind in CLE credits and unable to
resume the practice of law.
But some have found a way to build
a business alongside a law practice.
Justen Miller, an attorney with Ruegsegger, Simons, Smith & Stern, LLC, is a
budding coffee magnate, complete with a
plantation in Costa Rica.
With guidance from an uncle of Lara
Booher, Miller’s fiancée, the two have
purchased a coffee farm near San Isidro,
in San Ramón Norte. The uncle was stationed in Costa Rica as a Peace Corps
volunteer in the 1970s, and has since
made that country his home. The former
owner has been retained to handle the
day-to-day management of the business,
with the new owners visiting periodically. Although Costa Rican beachfront
property cannot be purchased by foreigners without significant red tape, real
estate farther inland can be owned in fee
simple, just as in the United States.
Miller’s plantation sits at about
1,300 meters—or 4,260 feet—above
sea level, allowing his coffee beans to be
labeled “SHB,” meaning “strictly hard
bean”—the highest rating for coffee
in Costa Rica. According to Miller, the
higher the growing elevation, the more
dense and flavorful the bean. Miller
doesn’t market his coffee beans from the
farm directly, but rather combines them
with those of a local cooperative for sale
to various countries.
Legally, only the species Coffea Arabica is permitted to be grown in Costa
Rica. It is reputed to be superior to other
major commercially grown coffee species, such as Coffea Robusta Canephora.
C. Arabica originated in the mountains
of Yemen and other areas of the Arabian
Peninsula; it has since found its way to
and flourished in Central America.
Coffee plants do not produce a
full yield until around the sixth year,
and will then produce beans for about
a decade. Thus, cultivating new coffee
plants is a constant undertaking, says
Miller. A mature coffee tree is nine to 10
feet high, and because, at least with C.
Arabica, the beans on any given tree all
ripen at different times, Miller explains
that they must be harvested by hand,
so that unripe beans do not mix with
those that are ripe. However, some coffee plantations are mechanized, and use
machines to shake the beans off the trees
indiscriminately, thus compromising the
integrity of the coffee.
The coffee plants cultivated by Miller
are shade-grown. While varieties of coffee plants that are grown in full sun
may produce a higher yield, they require
clear-cutting the forest. In contrast,
2.
1.
3.
1. Miller and Booher’s roasting room in Denver provides small batches of select estate coffees. They operate as Monarch Roasting Company. 2. Miller samples a batch of freshly
roasted beans for aroma. Monarch Roasting custom-packages its coffee for customers. 3. Coffee from the Costa Rican farm dries.
shade-grown plants exist beneath the
canopy, not only maintaining the forest
but also preserving a stable environment
for birds, mammals, reptiles, and insects
that are suffering from a reduction in
habitat.
Until the coffee bean is extracted
from its surrounding pulp, the fruit is
referred to as a cherry. When ripe, it is
red, and the timing of the removal of the
bean from the pulp is critical to a quality
end product. If the bean is not extracted
quickly enough, the sugar in the cherry
will over-ferment the bean. The bean is
then dried until it attains about an 11
percent moisture content. At that point,
the raw bean is ready to be roasted.
Closer to home, Miller and Booher
operate Monarch Roasting Company,
LLC (monarchroasting.com), which
purchases select estate coffees from
international sources and roasts them in
small batches here in Denver. They roast
about 10 pounds per batch, and then custom package the coffee for customers. In
addition to individuals, Monarch also
has employers, such as hotels, ad agencies, and law firms, among their client
base.
The coffee is roasted in a 600-pound
drum roaster, which spins the beans
over a heat source so that the beans do
not become scorched, much like a chili
roaster. Miller receives samples of vari-
everyone enjoys. Unlike his work as a litious coffees from importers, then brews
gator, those he comes into contact with
and evaluates them (called “cupping”) to
as a coffee purveyor are always happy. D
determine which coffees best suit his customers. Miller relates that coffee displays
Craig Eley can be reached at craigceley@
subtle flavors, similar to wine, such as
gmail.com.
citrus, caramel, and chocolate. However,
the darker the roast, the less nuanced the
coffee’s characteristics become, and the
roast itself begins to
dominate the flavor
profile. Miller has
educated himself as
to the traits of coffees from diverse
parts of the world
including Africa,
India, and Asia, so
that he knows how to
process their beans to
bring out their best
qualities. According
to Miller, all coffees
have a “sweet spot,”
and it is the roaster’s
job to identify this
range within a given
type of coffee bean.
Miller finds that
the coffee business
brings a different
perspective to his
life, because he is
producing a com- A coffee seedling. Coffee plants can take about six years to produce a full yield
modity that almost and a mature coffee tree is nine to 10 feet tall.
July/August 2011 I The Docket
17
Ride the Wave!
Join
1
CELEBRATING
r
fo
A CENTURY
Support the Wheels of Justice Riders
Help the Wheels of Justice reach its $250,000 goal!
WoJ
The Wheels of Justice Cycling Team, sponsored by the Colorado and Denver Bar Associations, would like to thank Colorado’s legal and business community for supporting the Team’s ride at the 2011 Courage Classic. So far this year, the team has attracted 147 riders and, at press time, had raised more than $125,000 for the Children’s Center for Cancer and Blood Disorders.
Team fundraising goes to The Children’s Hospital Center for Cancer and Blood Disorders. Help us support the doctors, kids
and families at The Children’s Hospital by by sponsoring a rider. Visit www.wheelsofjusticecycling.org for more information.
Thanks to our generous 2011 sponsors who have
helped us raise more than $125,000 so far.
18 The Docket I July/August 2011
The Caffeine Blues, Round Two
by G reg R aw ling s and
M arsh all S nide r
W
e have all heard the expression “the more things change,
the more they stay the same.”
What is true in life is true in coffee. Fifteen years ago, The Docket ran a series
of articles on where to find the best
coffee in the Denver legal community.
The idea was that if you had to go to an
early morning meeting, negotiation, or
deposition, you may as well choose the
government or private law office with the
best coffee for your venue. Even better:
an office with donuts and sweet rolls.
As a service to yesteryear’s Denver
Bar Association members, The Docket
sent a crack crew of coffee drinkers, tea
drinkers, and people with a sweet tooth
or two to law offices, government offices,
courtrooms, and even the DBA office
to locate the best coffee and treats to
accompany that early morning toil in the
vineyards of the law. Many offices were
proud of their fare and put a lot of effort
into that morning joe. One firm even
owned a coffee plantation in Hawaii,
although we thought that was going a bit
too far, literally and figuratively.
Today, it is not necessary for any
private enterprise to put that kind of
effort into their coffee. Who cares if the
firm of Hungerdunger, Hungerdunger,
Hungerdunger and McCormick 1 can
brew a decent cup of coffee when Starbucks, Peet’s, Dazbog, and Peaberry are
so prevalent that you can’t walk down
most streets without tripping over a
sack of coffee beans. Now you can walk
into that deposition with whatever premium cup of coffee-like substance your
imagination can conjure up. Who cares
what they drink at Hungerdunger LLC
if you can bring your own half-caf, soy,
mocha coconut frappuchino. Why, you
could even bring in a cup of regular black
coffee, assuming your are some kind of
caffeine Luddite.
The Docket realizes that it has to
keep up with the times. With this issue
we begin a series of updated coffee
reviews, not necessarily at government
or private law offices, but wherever that
perfect brew can be found. Today’s offer-
Sylvester at work at one of the Coffee Etcetera carts
he owns.
ing is from Coffee Etcetera, the coffee
cart in the lobby of the Wellington Webb
Municipal Building, at 303 W. Colfax,
across from the City and County Building, at 1437 Bannock St. There is a Coffee
Etcetera in the City and County Building
as well, but the one in the Webb building
is personally operated by Sylvester, the
owner of all Coffee Etceteras.
We visited Sylvester in late April. It
was obvious that he had a loyal following.
As customers came up to the cart Sylvester identified their “usuals,” whether it
was coffee or one of the many muffins or
sweet rolls on hand.
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July/August 2011 I The Docket
19
Marshall, who has a bad chocolate
problem, tried a decaf mocha. This is a
great choice for a chocolate junkie—very
rich chocolate, and you can hardly taste
the espresso. We had to question the
“decaf” part of the offering, however, as
this drink, as delicious as it was, left a
very jittery aftertaste for the next couple
of hours.
As for Greg, he lives for jittery
aftertaste—he is a longtime, hard-core
caffeine addict. For many years now,
Coffee Etcetera has aided and abetted
him in his Charlie Sheen-esque dive
into the bottomless pit of java-jonesing.
First in the old City and County Building and later in the vast atrium of the
Webb Building, Greg (or Rocket Man to
Sylvester’s son, who used to man the
cart between courtrooms 150 and 151),
would treat himself to bargain-priced but
very well done espressos. Nice crema on
top, solid flavor, not too hot and not too
cold—a perfect way to end the morning
docket or prepare for the afternoon one.
And they’re especially good when you get
to chat with Sylvester.
Greg has always been jealous of
people who can remember other people’s
names, kids’ names, favorite teams, personal history—as the son of a preacher
who founded a large church and somehow always retained this kind of data
(seemingly without trying) and the son
of a woman with the closest thing to
photographic memory Greg has ever
experienced—this has always vexed and
perplexed him. Simply put, he’s not that
guy. But Sylvester is. And he has a smile
that wipes the clouds away. You just feel
better, and not just from the caffeine,
after spending a few moments with the
man.
So, it’s a big thumbs-up for Coffee Etcetera from these coffee house
mavens. D
1. Groucho Marx’s lawyers in “Animal
Crackers”
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Working with the Media
Tips on What to Do When a Reporter Calls
Weiss
B y B ob Weiss
T
he secret to dealing with the press
is the same you employ to successfully deal with clients, judges, juries, and
opposing counsel—preparation.
Many professionals do not understand the rules that govern giving
information to the press.
Editors and reporters consider the
following when deciding what they will
cover:
1. Impact—To whom does the story
matter? Does it impact the audience
that reads the publication, views the
site, or listens to the broadcast?
2. Conflict—Does the story involve controversy?
3. Timeliness—The story has to affect
people or organizations now or in the
near future.
4. Prominence—Who is announcing the
information or product? The person
making the announcement will impact
the amount of coverage received; the
more prominent the person, the more
likely it is that the idea will be covered.
5. Proximity—Where is the story taking place in relation to where you are
trying to get coverage? Location matters—the story must be relevant to
the place and the people.
6. Human Interest—Does it evoke an
emotional response?
Remember, what is newsworthy one
day may not be the next.
When a reporter calls unexpectedly,
begin the discussion by asking questions.
Ask:
1. What is your name? Get the spelling of it.
2. What media outlet do you work for?
3. W hat questions do you need
answered?
4. When is your deadline?
5. At what number(s) can I reach you?
6. Who else are you interviewing for
this story?
Calling the reporter back gives you
a chance to think, consult with others
(including your PR person) before you
answer, and to get your facts straight.
It also allows you to consider client and
referral source reaction.
Do not be intimidated into giving an
interview just because a reporter and/or
camera crew shows up at your office or
corners you at a public event. Tell them
you will get back to them before their
deadline.
Remember, the press has no right
to interview you. You have the right to
grant them an interview. I encourage you
to grant them that right, after preparation.
Now, let’s say you have agreed to an
interview. Many people think they will
“just wing it” when the reporter calls, but
this is generally a mistake. The reason:
you aren’t talking to just the reporter,
you are talking to the thousands of readers and viewers the reporter represents,
and to clients and referral sources.
Always prepare by writing down the
three or four points you want to stress
during the interview. Here are some
ways to help ensure you are included as
prominently as possible in the story:
Use quotable phrases. Reporters are
looking for phrases that can make the
mundane idea more interesting. The
imagery you include in a quote makes
it much more likely to be used. As you
develop your three or four points, try
to support them with memorable anecdotes or analogies.
Be an interpreter or translator. Keep in
mind that your audience doesn’t know
as much as you do about the topic. Avoid
jargon or technical terms. Explain as if
you were talking to a jury. Keep it simple.
Use the Goldilocks approach to sentence
length—avoid one word answers, which
are too short and complicated explanations that are too long. Explain yourself
fully using short, punchy sentences.
Be yourself. Speak in your usual way.
Say only what you want to say. Do not
feel obligated to fill what might seem like
awkward pauses in the conversation. If
you feel you must speak, talk about one
of the points you wanted to make.
Know that you are always “on.” Just
because a reporter puts down her notebook or turns off his recorder or camera
Media, continued on page 23
Special Tips for Television Interviews
1. Appearance is key. Be positive and friendly.
Smile.
2. Try to discuss the topic with the reporter/
host before the camera rolls. This may help
him or her ask more intelligent questions.
3. Use the reporter’s name.
4. Give short answers, no longer than 10 to 20
seconds.
5. Keep gestures small and in front of you.
6. Look at the interviewer, not the camera, and
maintain your focus. Looking back and forth
between the interviewer and camera makes
you look “shifty.”
7. Accept makeup if offered.
8. Be the translator and interpreter. Talk in
terms the audience will understand and avoid
jargon.
9. Wear solid colors; no loud patterns,
distracting items, or jewelry.
10. Maintain eye contact, especially during
tough questions. Don’t look down or askance,
or touch your face.
11. Speak in complete sentences.
12. Reporters may ask the same question
more than once to allow you to “sharpen” your
answer. Don’t get flustered; take advantage
of the offer, but also make sure you make the
point you want to make.
July/August 2011 I The Docket
21
22 The Docket I July/August 2011
Are You Ready For Some Football?
Team Collateral Attack. Top row, left to right: Jason Rietz, Mike Fredregill, Robert Joga, CJ Chapman, Jeff Gaston,
Marc Walters, Sean Hanlon, Buck Beltzer and Brent Owen. Front row: Greg McClure, Coach Judge Alfred Harrell, Barry
Burns, Kevin Robinson, Jereme Lynn Baker, Jeff Smith and Jed Greenblat. Not shown: Matt Striegel , James Allen,
and Colin Barnacle.
T
he Denver Bar Association Lawyers’ Touch Football League starts
its 43rd season Sunday, Sept. 11.
For the last several years, the games
have been played at Eisenhower Park in
southeast Denver. Each team consists of
Media, continued from page 21
doesn’t mean the interview is over. Anything you say to the
reporter is fair game.
Correct any wrong information. If you feel the premise of a question is wrong or the reporter summarized your point incorrectly,
say so. Repeat your phrasing if that is the best way to phrase it.
Don’t let the reporter put words into your mouth.
Be helpful. Encourage the reporter to call back if he or she
needs any clarification or wants to ensure accuracy of a quote.
Be prompt. Ask about the reporter’s deadline and meet it, or
decline the interview if you can’t. A radio or television reporter
may have literally a couple of minutes to find someone to speak.
If you can’t help in the given time frame, say so.
Don’t ask to review a story before it runs. Ask when the story will
run. D
Bob Weiss is the founder, president, and CEO of Alyn-Weiss
& Associates, a law firm marketing consultant. For more than 20
years, Weiss has written firm and practice group marketing plans,
coached lawyers, developed retreats, and conducted client interviews
and surveys for local, regional, and national firms. Prior to founding
Alyn-Weiss & Associates, he covered politics, the courts, police, and
city hall for the Rocky Mountain News.
seven players (lawyers and law students).
The league suggests that each team roster have at least 13 players. If you are
interested in fielding a team or wish to
place your name on the list of free agents
that later will be assigned to teams that
need additional players, please contact
John Stevens at [email protected].
Generally, the league limits the number
of teams to the first 10 that apply; preference is given to past participants. The
entry fee for each team is yet to be determined (last year’s fee was $400).
Last year’s championship was won
by Collateral Attack, besting The Lambs
12-6. The championship was the fourthstraight for the Attack and the sixth in
the last eight years. The league was the
brainchild of John Madden III in 1968.
The Madden trophy is awarded to the
league champion by Madden at the commencement of each new season. D
Save the Date
for the
2011 Seniors Golf
Tournament
Wednesday, August 17
Homestead Golf Course
in Lakewood
Contact Alexa Drago at [email protected] or 303-824-5313 for more information.
Email Bob Weiss at [email protected] for a free
wallet card with tips you can use when the press calls.
July/August 2011 I The Docket
23
24 The Docket I July/August 2011
July/August 2011 I The Docket
25
LegaL
AffAirs
GOOD thINGS
Rothgerber Johnson
& Lyons LLP is proud to
announce that Charles
Goldberg is the recipient
of this year’s Isaac Hecht
Goldberg
Award by the American Bar
Association’s National Client Protection
Organization.
Northern Trust
announced that Kathy
Seidel has been named
Region President of the
Colorado region.
Seidel
Seidel most recently
served as senior vice president and manager of fiduciary services and business
development of the Denver office.
Bryan D. Biesterfeld, has been elected
Chair of the Board of
Trustees for The Community Foundation, serving
Biesterfeld
Boulder County.
Biesterfeld is a business and realestate lawyer in the Denver based law
firm of Robinson Waters & O’Dorisio,
P.C. He works with privately held businesses and their owners in mergers and
acquisitions, entity formation and operations, sales, and purchases and leasing of
real estate, as well as private placements
of securities, wills, trusts and business
succession planning.
Theodore E. Laszlo,
Jr., of Laszlo & Associates, LLC, was inducted
into the Litigation Counsel of America at the LCA’s
Laszlo
Spring Conference and
Induction of Fellows in Laguna Beach,
Calif.
The Litigation Counsel of America is
a trial lawyer honorary society composed
of less than one-half of one percent of
American lawyers.
Jennifer Eiteljorg, a shareholder
at the law firm of Brownstein Hyatt
Farber Schreck (Brownstein), was
recently appointed to the Project Angel
Heart Board of Directors. As a board
member, Eiteljorg will help guide the
strategic growth of the organization,
which includes completion of a capital campaign for a new facility. Project
Angel Heart’s mission resonates with her
because of the impact a life-threatening
illness has had on her own friends and
family.
Attorney, Otto Hilbert, a commercial litigator
with the full-service law
firm of Robinson Waters &
O’Dorisio, has been named
Hilbert
the Colorado Judicial Institute’s Board Chair.
As Board Chair, Hilbert will continue
the Colorado Judicial Institute’s mission
to ensure fair and impartial courts and
improve accountability in the legal system.
Emma R. Keyser, an associate at
the law firm of Brownstein, recently was
appointed to the Colorado Ballet Board of
Trustees. As a board member, Keyser will
help fundraising and advocacy efforts to
further the organization’s mission of
enhancing the community’s cultural life.
ChANGES
The law firm of Rothgerber Johnson & Lyons
LLP is pleased to welcome
Reneé A . Carmody as
an associate in its Denver
Carmody
office.
Carmody is continuing her practice
in complex commercial litigation involv-
ing product liability, environmental
law, and general commercial disputes
in federal and state courts. She also
has experience with white-collar criminal investigation and juvenile criminal
defense work.
Greenberg Traurig Managing Shareholder Dave Palmer announced that Neil
Oberfeld has joined the firm as a shareholder in the Real Estate Department.
Oberfeld brings a wealth of legal and
transactional expertise in real estate and
sustainable development to the firm and
will concentrate his practice in the areas
of acquisitions, development, financing,
leasing, and property tax assessments.
Baker & Hostetler
LLP announced today that
Richard B. Levin recently
joined its Denver office.
Levin will focus his
Levin
practice on the representation of early-stage and publicly traded
companies in the financial services industry, including broker–dealers, alternative
trading systems (ATSs), and exchanges.
Crestone Capital Advisors LLC,
announced that Randi Grassgreen has
joined the firm’s ownership group.
Grassgreen joined Crestone Capital
Advisors in late 2008 as the firm’s Director of Family Wealth Planning.
Brownstein has brought on leading corporate mergers and acquisitions
shareholder Gino A. Maurelli, the former head of Holme Roberts & Owen
(HRO) LLP’s mergers and acquisitions
practice group. Joining Maurelli at
Brownstein also will be Nicholas D.
Claassen as a corporate associate.
Maurelli and Claassen will join the
corporate and business group, bringing
experience that includes middle-market
mergers and acquisitions, private equity
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 Mills at [email protected] by the 5th day of the month.
26 The Docket I July/August 2011
and general corporate law.
Hensley Kim & Holzer,
LLC is pleased to announce
the addition of Anya P.B.
Mallett and David P.
Mallett
Ganderton.
Mallett’s practice is
primarily transactional
and is focused on natural
resources development on
public and private lands.
Ganderton
G a n d e r t o n ’s p r a c t i c e
focuses on civil litigation.
The Denver office of
Kutak Rock LLP recently
hired George Koons III,
Of Counsel, to join the
commerc i al li t igat ion
Koons
team, advising clients in
the areas of consumer finance, lender
liability and creditors’ rights.
Otten, Johnson, Robinson, Neff
& Ragonetti, P.C. (Otten Johnson) is
pleased to announce the appointment of
a new firm managing director, as well as a
new member of the firm’s executive committee. James T. Johnson has assumed
the role of firm managing director from
Michael Westover.
Victoria L. Hellmer recently was
elected to the Otten Johnson executive
committee.
Rober t J. Hopp & A ssociates
announced the promotion of Fred Van
Remortel to Managing Partner. Van
Remortel will provide management and
oversight of all firm functions and will
remain heavily involved in complex legal
matters. Van Remortel has been the
Managing Attorney and head of the litigation group since 2008.
Sheridan Ross, P.C. is pleased to
announce that Scott J. Hawranek and
René A. Pereyra have become Associates with the firm.
Faegre & Benson, announced that
Patrick Linden has joined its Denver
office as Special Counsel in the firm’s
corporate practice.
In addition to his corporate transactional work, Linden also will support
Faegre & Benson’s sports practice group.
Alyson Meyer Gould
has joined Holsinger Law
as an associate. Gould
attended the University
of Denver Sturm College
Gould
of Law, where she participated in multiple clerkships, acted as a
research assistant, and served on the
editorial board of the Water Law Review.
Susan Bernhardt has
joined Starrs Mihm LLP as
Of Counsel.
Bernhardt’s practice
focuses on complex civil
Bernhardt
and commercial litigation, with an emphasis on business
disputes, securities fraud, partnership
and corporate fiduciary duties, corporate governance, and “squeeze out” and
“freeze out” lawsuits.
Foster Graham Milstein & Calisher, LLP
welcomes its new Special Counsel, Steven M.
Weiser. Weiser’s pracWeiser
tice areas include tax law,
estate, and business planning.
Feldmann Nagel, LLC is pleased to
announce that Daniel B. Markofsky
and Jennifer Shaler have joined the
firm’s transactional group in the firm’s
LoDo office.
William Slamkowski recently joined
Jackson Kelly PLLC.
His practice emphasizes
commercial litigation,
Slamkowski intellectual property litigation, dispute resolution, real estate,
and business law. Prior to joining Jackson Kelly, Slamkowski was with the firm
Hensley Kim & Holzer, LLC.
Morrison & Foerster has strengthened its national tax and M&A practice
with the arrival of federal tax partner
David Strong to the firm’s Denver office.
Strong’s practice focuses on federal
tax aspects of large domestic and crossborder transactions, including joint
ventures, buyouts, and other deals.
Burns, Figa & Will, P.C. announced
that Susan M. Gamel has joined the
firm as Chief Operating Officer. Gamel
will manage the firm’s administrative
operations.
BRICKS & MORtAR
Colorado Lawyers for the Arts
(CoLA) is pleased to announce that they
have moved their offices to the law firm
of Otten Johnson. Otten Johnson is
donating the use of its space to CoLA in
its office, located at 950 17th St.
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.
t.J. Carney:
(303) 424-4463
Barry Meinster:
(303) 674-5977
Ralph torres:
(303) 297-8427
Dave Furgason:
(303) 861-8013
Sponsored by
The dba peer professionalism
assisTance commiTTee
July/August 2011 I The Docket
27
Dates on the
DOcket
DBA EVENtS
All DBA meetings are scheduled at 1900
Grant St., Ste. 900, Denver, unless otherwise noted. Call Melissa Nicoletti, (303)
824-5321, to schedule committee meetings,
so they will appear in this calendar.
JuLy 5
Denver Access to Justice
Committee Meeting
7:30–9:30 a.m.
Call Meghan Bush,
(303) 824-5303.
JuLy 6
Docket Committee Meeting
Noon–1 p.m.
Call Sara Crocker,
(303) 824-5347.
JuLy 7
Democracy Education
Noon–1:30 p.m.
Call Meghan Bush,
(303) 824-5303.
JuLy 12
Waterman Fund
Noon–1:30 p.m.
Call Janet Bauer,
(303) 824-5319.
JuLy 14
DBA Board of Trustees
7:30–9 a.m.
Call Denise Lynch,
(303) 824-5327.
JuLy 18–29
CAN School Drive
Call Heather Clark,
(303) 824-5350.
JuLy 19
CAN Monthly Meeting
Noon–1 p.m.
Call Kate Mills,
(303) 824-5312.
august 2
Denver Access to Justice
Committee Meeting
7:30–9:30 a.m.
Call Meghan Bush,
(303) 824-5303.
28 The Docket I July/August 2011
august 3
Docket Committee Meeting
Noon–1 p.m.
Call Sara Crocker,
(303) 824-5347.
august 4
Democracy Education
Noon–1:30 p.m.
Call Meghan Bush,
(303) 824-5303.
august 9
Waterman Fund
Noon–1:30 p.m.
Call Janet Bauer,
(303) 824-5319.
august 11
DBA Board of Trustees
7:30–9 a.m.
Call Denise Lynch,
(303) 824-5327.
august 16
CAN Monthly Meeting
Noon–1 p.m.
Call Kate Mills,
(303) 824-5312.
FOR thE PUBlIC
To volunteer for the DBA Public Legal
Education programs or for more information,
unless otherwise indicated, contact Meghan
Bush at (303) 824-5303.
JuLy 6
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.
JuLy 12
Bankruptcy Clinic
U.S. Bankruptcy Court
721 19th St.
1:30–3 p.m.
JuLy 13
Lawline 9—
4–6:30 p.m.
JuLy 19
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 20
Pro Se Divorce Clinic
1437 Bannock St.
Courtroom 22
Noon–1:30 p.m.
Lawline 9—
4–6:30 p.m.
JuLy 21
Collections Clinic
Denver City and County Building
1437 Bannock St., Room 164
11 a.m.–1 p.m.
JuLy 27
Bankruptcy Clinic
U.S. Bankruptcy Court
721 19th St.
1:30–3 p.m.
Lawline 9—
4–6:30 p.m.
aug. 3
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. 9
Pro Se Family Law Clinic
Office of
Economic Development
1200 Federal Blvd.
Room 1018
5:30–7 p.m.
Call (720) 944-2594.
Bankruptcy Clinic
U.S. Bankruptcy Court
721 19th St.
1:30–3 p.m.
Legal Night at Mi Casa
360 Acoma St.
5:30–7 p.m.
Call (303) 573-1302.
aug. 10
aug. 17
Lawline 9 —
4–6:30 p.m.
aug. 16
Small Claims Clinic
Denver City and County Building
1437 Bannock St., Room 164
11 a.m.–1 p.m.
Pro Se Divorce Clinic
1437 Bannock St.
Courtroom 22
Noon–1:30 p.m.
Lawline 9—
4–6:30 p.m.
aug. 18
Collections Clinic
Denver City and County Building
1437 Bannock St., Room 164
11 a.m.–1 p.m.
aug. 24
Bankruptcy Clinic
U.S. Bankruptcy Court
721 19th St.
1:30–3 p.m.
Lawline 9—
4–6:30 p.m.
aug. 31
Lawline 9 —
4–6:30 p.m.
Join a Committee!
If you’re interested in joining a committee listed here, call (303) 860-1115
with questions. For a full list of DBA
committees, visit denbar.org.
July/August 2011 I The Docket
29
Picture
tHis
Law Day Luncheon Honors Student Essay Contest Winners
Attorney Staskia A. Jordan spoke about this year’s Law Day theme, “The Legacy of John Adams: From Boston to Guantanamo,”
on May 3 at the DBA Young Lawyers Division’s annual Law Day Luncheon at the Oxford Hotel. The winners of the DBA YLD essay
contest—first-place winner Emma Austin, second-place winner Ella Kilroy, and third-place winner Livvy Fore—were recognized
following Jordan’s keynote. For coverage of the event and Jordan’s speech, visit bit.ly/ldlunch2011. Photos by Jamie Cotten.
Staskia A. Jordan, a shareholder at Haddon, Morgan
and Foreman, P.C., is a former public defender who
now represents clients in criminal cases, complex civil
litigation, and regulatory matters. She spoke about
the importance of criminal defenders and juries in the
legal system.
About 40 guests attended the Law Day luncheon,
honoring essay contest winners and celebrating
the day, observed on May 1, that recognizes the
importance of the rule of law.
DBA YLD essay contest winners Livvy Fore, Emma
Austin, and Ella Kilroy pose with speaker Staskia A.
Jordan following the Law Day Luncheon. The three
Denver Public Schools eighth graders were honored
for their essays, which answered a question about
defending a person accused of a terrible crime.
2011 Henry Hall Annual Golf Tournament
On June 6, 77 golfers gathered at Inverness Golf Club to compete in the annual Henry Hall Memorial Golf Tournament, and
help raise money for Metro Volunteer Lawyers (MVL). The event raised more than $3,000 for MVL, which provides free or low-cost
legal services to Denver metro area residents who meet certain financial criteria.
The following individuals earned top honors in their respective divisions: Challenge/Low Gross—Mike Franzmann, Jeff Keiffer,
George Penncok, and Jason Redman; Challenge/Low Net—Dan Fowler, Andy McLetchie, Timothy Schimberg, and Jeff Stalder;
Champions/Low Gross—Steve Briggs, David Brougham, Phil Cardi, and Scott McGath; Champions/Men Low Gross—Tim Kratz;
and Champions/Women Low Gross—Sarah Hall.
Challenge low net winners: Tim Schimberg, Jeff
Stadler, and Andy McLetchie.
30 The Docket I July/August 2011
Challenge low gross winners: George Pennock,
Jeff Keiffer, Mike Franzman, and Jason Redman.
Champions low gross winners: Steve Briggs, David
Brougham, Phil Cardi, and Scott McGrath.
DBA HAppenings
Spring Admission Ceremony Welcomes New Attorneys
Approximately 175 new attorneys, joined by their friends family, and members of
the legal community, gathered at Boettcher Concert Hall on May 24 to celebrate passing
the February bar exam and being admitted to practice in the state. The Hon. John L.
Kane, Jr., Senior Judge for the U.S. District Court in Colorado, offered the keynote speech
at the Admission Ceremony. Photos by Jamie Cotten.
2010-11 DBA President Stacy Carpenter was one
of four speakers at the Admission Ceremony to
welcome new attorneys to the practice of law and
to the Bar Associations.
Jesse Horn joined his fellow new attorneys in taking the Oath of Admission.
Judge John L. Kane congratulated the new
attorneys. This year he celebrated being admitted
to practice 50 years ago. He also advised them on
the importance of commitment to the legal system
and warned of the potential for burning out.
Board of Trustees Helps Out at Lawline 9
On May 4, Denver Bar
Association Board of Trustees
members provided legal
information and resources to
callers of Lawline 9, which takes
place every Wednesday at 9News.
Also participating were: Board
member Michelle B. Ferguson,
DBA President Ilene Bloom, DBA
President-Elect James Benjamin,
past DBA Presidents John Baker,
and Stacy Carpenter, as well as
DBA members Matt Aguero, Laura
J. Riese, John Connell, Mary Jo
Gross, Christopher Carrington,
Douglas A. Stevens, and Teresa
Garcia.
Pictured are first-shift participants (from left) John Connell, Ilene Bloom, Laura J. Riese, Mark Pautler, Mary Jo Gross, and
Matt Aguero.
July/August 2011 I The Docket
31