April 30, 2017

In Memoriam: John Campbell

We at CBA-CLE were saddened to learn of the sudden passing of John Campbell, a managing editor, author, and frequent presenter for CBA-CLE on elder law topics.

John practiced estate planning and elder law at the Law Offices of John J. Campbell, PC, in Denver, where he offered services in the areas of elder law, estate planning, probate law, guardianships, and conservatorships, Social Security, SSDI, SSI, Medicare, Medicaid, Medicare setaside trusts, and disability trusts, and he offers special consultations in settlement of personal injury and workers’ compensation claims involving public benefits.

John was active in the Trust & Estate and Elder Law sections of the Colorado Bar Association, and was past-chair of the Elder Law Section. He was also a member of the National Academy of Elder Law Attorneys, was certified in elder law by the National Elder Law Association, and was a member of the Arapahoe County Bar Association, the Missouri Bar Association, the National Academy of Elder Law Attorneys, and the National Alliance of Medicare Set-Aside Professionals.

John was the managing editor of Elder Law in Colorado and an author for the Colorado Senior Law Handbook. He was also was a frequent speaker for CBA-CLE, presenting annually at the Elder Law Retreat and Elder Law Basics seminars.

We wish to offer our deepest condolences to John’s family in this time of sorrow.

Run, Walk, Roll — Support Disability Law Colorado at This Year’s Colfax Marathon

Doing good has never been so fun! Support Disability Law Colorado by running, walking, or rolling in the Colfax Marathon. There is a race for everyone — there is a family 5K on Saturday, May 20, 2017 (dogs are welcome!), and on Sunday there is a 10 miler, half-marathon, full marathon, and corporate marathon relay.

The marathon relay is a great way to connect with your coworkers while getting out in the beautiful Colorado sunshine. You even get a medal at the finish! Just find five people for your team and register at www.runcolfax.org. Make sure to select Disability Law Colorado as your charity partner.

If running doesn’t sound so fun, you can still support Disability Law Colorado by making a tax-deductible donation. Contact Julie Busby at (303) 862-3505 for more details.

Application Period Open for Office of Respondent Parents’ Counsel Contracts

The 2017 Application Form for The Office of Respondent Parents’ Counsel is now open. To be awarded a new contract for the term of July 1, 2017, please submit this online, electronic form no later than 5:00 pm on Friday, March 31, 2017All applicants, including associate attorneys, are required to submit a substantive application as part of the evaluation process of the ORPC. To learn more about the application process and requirements, please refer to the Contract Renewal and Application Webinar.  Password for webinar:  ORPCApp$17  Link:  https://vimeo.com/205612668

Getting Started
To access the online ORPC Application Form, click the following link:  https://fs7.formsite.com/ORPCColorado/form33/index.html

For your review and reference only, a complete, printable version of the application is available here: https://fs7.formsite.com/ORPCColorado/form33/print

You must submit the online application, no paper application will be accepted.

You must have a Colorado Attorney Registration Number to apply.

Log In and Save Your Progress
Before beginning this form, you will be prompted to create a user login and password. These can be used to save and retrieve your work. Save your progress at any time by clicking “Save Partial Work” on the bottom of each page. Each time you advance to the next page, your work is automatically saved. To resume partially-completed work, click the link above to log in again. After logging in, click “Open Saved Form” to resume working. Be sure to advance to the last page of the form and click “Submit” before the deadline identified above.

Required Attachments to Prepare in Advance
You will be required to upload at least one electronic document to the online form (link above).  The required documents are listed below.  ORPC recommends that you begin collecting and preparing your document(s) with plenty of time before the March 31st deadline, and save each document on your computer, in PDF format.  You’ll be required to upload your document(s) when prompted on the online form—you may not e-mail or mail documents separately.  You can save your form and return to it later if you’re waiting on a required document.

  • One redacted legal writing sample – preferably a substantive D&N motion.  If you are interested in appeals please provide an appellate brief as your writing sample.
  • Your resume, indicating your legal and other relevant experience.

References
You will be prompted to submit the names and email addresses of two professional references and the names and contact information for all associates and staff.

Please notify your references that ORPC may be contacting them.

ORPC Budget
The ORPC has a pending budget request to pay all attorneys hourly regardless of their jurisdiction.  If this budget request is approved, attorneys in the following judicial districts will be paid hourly starting July 1, 2017:  2nd, 4th, 8th, 10th, 17th, 18th, 19th, and 20th.

Questions?
Please contact Sara Settle at 303-731-8773 or ssettle@coloradoorpc.org with any questions about the instructions here or how to use the online form.

Fare Thee Well: Gary Abrams Retires from CBA-CLE

On February 1, 1997, a fresh-faced young whippersnapper from the Badger State became the Executive Director of Colorado Bar Association CLE. Almost exactly 20 years later, Gary Abrams retired after a distinguished tenure.

Gary’s vision was to make CBA-CLE Colorado’s biggest and best provider of continuing legal education. Under Gary’s leadership, CBA-CLE grew from a small business with a four-person staff to Colorado’s biggest CLE provider with over 20 full time employees. Lisa Travis Fischer, CBA-CLE’s Publications Director, remarked that “Gary’s passion, dedication, and leadership changed CBA-CLE forever. He has left behind a legacy that will be cherished.”

Mark Masters and Gary Abrams at Hanging Your Shingle 2012

Working together with the faculty was arguably Gary’s favorite part of leading CBA-CLE. He started a tradition of wine tasting networking events, which quickly became everyone’s favorite social events at annual institutes such as the Family Law Institute, Trust & Estate Retreat, Real Estate Symposium, IP Institute, and others.

Laurie Hunter receiving the Richard N. Doyle Award of Excellence in 2012

The wine tasting also became a staple of CLE’s annual Faculty & Author Reception, a holiday event in which our volunteer authors and speakers are honored and winners of the Richard N. Doyle Award of Excellence are announced.

Gary and the author at a staff Secret Santa gift and cookie exchange

Gary loves to be the life of the party. At the annual CBA-CLE staff Secret Santa gift exchange and cookie extravaganza, Gary always enjoys playing “Hanaukkah Harry” and passing out the gifts.

Gary always has a ready smile

One of Gary’s favorite places to be is at the lectern, introducing speakers for CLE programs. When he’s not at the office, though, he can frequently be found on the ski slopes, playing golf, fishing, and sailing. He enjoys Colorado’s great outdoors, and is looking forward to spending more time sailing during his retirement.

Gary and Mark Fogg

Vince O’Brien, CBA-CLE’s new Executive Director, has known Gary for many years, including “his ready smile and CLE wisdom.” Vince remarked that for the past few weeks, “Gary has been like one of Dickens’ ghosts as he brings me up to speed on CBA-CLE. I’d like to think his spirit will be here for quite a while after he retires. Gary has been a friend and guide to Colorado lawyers for a long and important time. Many thanks and bon voyage!”

At the IP Institute in 2012

 

Gary at the 2016 Elder Law Retreat with Nena and Oscar

 

Daniel Deasy and Gary Abrams at the 2013 Family Law Institute

 

Gary and Marc Painter at the 2016 Faculty & Author Reception

 

What a long, strange trip it’s been. Thank you, Gary, for your excellent leadership. Enjoy your retirement – you deserve it.

Modern Law Practice Initiative: A Win-Win for Lawyers and Clients

By Erika Holmes

The CBA’s Modest Means Task Force has been renamed – the Modern Law Practice Initiative! “Why the new name?” you ask. The reason for the name change is two-fold: first, to stop the misperception that this type of law practice only helps poor people, and second, to develop a moniker for this innovative way to practice law that provides enormous benefits for both clients and attorneys.

The Modest Mean Task Force was formed in 2012 to educate lawyers and judges about the justice gap – the huge portion of society (almost 60% of civil litigants) who make too much money to get a lawyer through public assistance but don’t make enough money to hire an attorney at traditional rates. MLPI’s mission is still the same – to serve this portion of the population. However, MLPI is striving to further educate both lawyers and the public that the justice gap doesn’t consist of just people of modest means. The justice gap is comprised of people across the full spectrum of income levels, including people with middle to upper-middle class incomes. By practicing modern representation, a lawyer can run a thriving, sustainable, and fulfilling practice by providing legal services to this largely untapped market.

The Modern Law Practice Initiative is expounding on its original mission by providing lawyers with the motivation and the specific means to engage in this exciting new method of law practice management. Modern representation is about more than providing legal services at an affordable rate. Modern representation is about practicing law in a manner that is beneficial for both the client and the lawyer in terms of feasibility, flexibility, versatility – and even enjoyability! MLPI’s goal is to teach lawyers how to create a sustainable law practice that simultaneously helps solve the access to justice gap and provides the lawyer with a fulfilling and prosperous career.

Check out MLPI’s new website for access to the latest version of Successful Business Planning for the Modern Law Practice, a step-by-step guide to creating a sustainable modern law practice. MLPI will also highlight for lawyers the best resources for creating and sustaining a modern law practice through CLEs, books, technology, mentoring, networking, volunteer opportunities, and more. Discover what it means to be a modern lawyer and to be part of a win-win solution to the access to justice dilemma!

CBA-CLE Welcomes Vincent O’Brien, Our New Executive Director

CBA-CLE is proud to welcome Vincent “Vince” O’Brien as our new Executive Director. Vince hails from Minnesota, where he was Assistant Director and Program Attorney at Minnesota CLE. He has been at Minnesota CLE since 1987. Vince also spent 20 years working as a firefighter and EMT for the Hastings Fire Department in Minnesota, and he is active on his local school board. Prior to his work at Minnesota CLE, Vince was a public defender and in private practice, where he practiced in the areas of probate, estate planning, family law, business planning, and criminal defense.

Vince is a proud husband to Amy, an ER nurse, and father of five children ranging in ages from 24 to 3. He likes to run and work out in his spare time, and he loves great literature. When asked about a favorite sports team, Vince wisely declined to comment (this is Broncos Country, after all), but mentioned that Amy is a Green Bay Packers fan.

CLE was a natural fit for Vince, because he is passionate about life-long learning and all it entails. He has worked two jobs for most of his adult life; he commented that working at CBA-CLE will be the first time he will have a sole professional objective. Vince notes that he loves to work with attorneys and listen to them and think about their needs: “There’s an obscure note in a translation of ‘The Art of War,’ where, in discussing the five elements, a commentating general talks about seeing the tree on the plain before it grows… I have been very fortunate a few times to ‘see the tree’ in my work in CLE.”

Vince plans 33 seminars annually, and notes that one of his favorite and most successful ventures was a series of TED Talk-style programs with the estate planning group. Vince mentioned that he likes all the programs he plans, from the rural agricultural law programs to the large multi-day probate conference. He is looking forward to working with the CBA-CLE members and staff to empower people to do best they can and grow to meet increasingly diversified educational needs.

Before working at Minnesota CLE, Vince was a practicing attorney. When asked about a favorite practice area, Vince said, “Cases where I felt I truly helped people were my favorite—in criminal defense, family law, and Veterans disability appeals.” He related a story where once he used vacation time to try a family law case pro bono. On the first day of trial, the judge called counsel and said that if he were to rule preliminarily on what was in the record, he would rule against Vince’s client. However, after that week of “vacation,” Vince prevailed and his client had a successful outcome.

Education of non-attorneys is also important to Vince—he has been on his local school board in Hastings, Minnesota, for many years, and has been in leadership roles such as the school board chair, vice-chair, treasurer, and secretary. He found that his extensive school board experience helped his continuing legal education work in two ways. First, he took an active role in getting into classrooms and observing how “educational processes, differentiation, and technology, blended with classically wonderful teaching methods and hard work led to evolved learning, data-driven practices, and engaged students.” Vince would like to transfer these teaching models into CLE programming. Second, working on the school board helped him learn to listen respectfully to the different factions and interests to steer vision and focus processes.

CBA-CLE is excited to welcome Vince. His vision for our future is to work together with our great staff and wonderful stakeholders throughout Colorado, to evolve the CLE work as best we can. He is excited to present innovative and important education for attorneys.

Nominate a Trust & Estate Attorney for the R. Sterling Ambler Award

Each year, the CBA Trust & Estate Section presents its Sterling Ambler Award to an outstanding trust and estate attorney who has made significant and multitudinous contributions to the Trust & Estate Section and the legal profession. The Award is given to an individual who has contributed substantially to furtherance of Colorado law, education of others, and the Trust and Estate Section of the Colorado Bar Association. It is named in honor of R. Sterling Ambler, an exceptional attorney who practiced law in Colorado for over 50 years and who gave freely of his time and expertise to individual lawyers, to the Colorado Bar Association, and to the legal profession, until his death in 2004 at the age of 72.

Sterling was skilled in the law but in addition he excelled at writing, debating and refining statutory language and ideas. He worked on many legislative proposals and willingly considered new ideas and developments in the law. His diplomacy and insights were often useful in bridging differences among lawyers, sections of the Bar, and the legislature. He was selfless in advancing the law as a whole over his own personal interests. Sterling Ambler will be remembered for his sense of humor, his quiet unassuming way, and his willingness to accept help from others and to freely share his wealth of knowledge of the law.

Criteria for eligibility for the Sterling Ambler Award include significant years of contribution to the Trust & Estate Section and the legal profession, as well as multiple areas of contribution, including but not limited to building connections between sections of the CBA, helping advance the legislative agenda of the CBA, participation in Trust & Estate Section committee meetings, assisting less experienced attorneys, and participation in professional organizations.

Past recipients of the R. Sterling Ambler Award are:

  • 2009: Bruce Deacon
  • 2010: John DeBruyn
  • 2011: Stanley C. Kent
  • 2012: Robert Steenrod
  • 2013: Marc Darling
  • 2014: Laurie Hunter
  • 2015: Kevin Millard
  • 2016: Eugene Zuspann

Nominations must be returned to the Trust & Estate Section Chair, Darla Daniel. The nomination form is available here.

Happy Martin Luther King, Jr. Day from CBA-CLE

Today, we celebrate Dr. Martin Luther King, Jr., the civil rights activist who bravely spoke out against racism and oppression so many years ago. Dr. King’s important work continues to be relevant. His full speech is available here.


“Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.”


“I have a dream that my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character.”


“I have a dream that one day this nation will rise up and live out the true meaning of its creed – we hold these truths to be self-evident: that all men are created equal.”

Colorado Gives: Legal Aid Foundation Helps Provide Free Civil Legal Services to Low-income Coloradoans

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.

laf_logo1The Legal Aid Foundation of Colorado raises money for Colorado Legal Services (CLS), Colorado’s statewide Legal Aid program. CLS is the only agency in the state that provides free legal services in civil cases to indigent clients in every Colorado county.

CLS operates like a legal emergency room. In conducting its triage, it gives priority to the poor and elderly in greatest economic and social need, focusing on legal issues that have an impact on basic needs, including at least minimally adequate income, food, shelter, utilities, necessary medical care, and freedom from domestic violence and abuse.

CLS provides legal services in many areas of law, including domestic relations, landlord-tenant disputes, guardianships and conservatorships, wage claims, bankruptcy protection, nursing home eviction prevention, and more. Eighty percent of low-income people have trouble obtaining legal representation in court to protect their property, family, and livelihood when dealing with evictions, foreclosures, unpaid wages, domestic violence, and public benefits. The Legal Aid Foundation helps bridge the justice gap by allowing low-income Coloradoans to obtain legal representation.

The Legal Aid Foundation relies on community donations to support CLS and ensure that low-income people receive legal representation. To schedule a donation for Colorado Gives Day, click here. To donate through the Legal Aid Foundation website, click here. And, to volunteer through Colorado Legal Services, click here.

 

About the Legal Aid Foundation of Colorado

The Legal Aid Foundation raises money for Colorado Legal Services, which provides free civil legal assistance to low-income Coloradans who are facing serious civil legal problems. For more information, please visit legalaidfoundation.org.

Colorado Legal Services (CLS) provides legal representation and advice through a network of 13 offices around the state, as well as easy-to-understand, online self-help information and state-of-the art interactive forms that can be used in civil proceedings.

Colorado Gives: Rocky Mountain Children’s Law Center Transforms the Lives of Abused and Neglected Children Through Compassion

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.

childrens-law-center-logo-gFor over thirty years, the Rocky Mountain Children’s Law Center has provided compassionate legal advocacy and clinical services to children who have been abused or neglected. Through a team of legal professionals and social workers, the Children’s Law Center serves at-risk children and considers the whole child with each recommendation regarding the child’s best interest.

The Children’s Law Center also works for public policy change, working to make children a political priority at the local, state, and national levels. The Children’s Law Center has made great progress in this area. They created the first Colorado Child Protection Ombudsman Program, promoted a 2013 Senate Bill to reduce the number of child abuse fatalities in the state, promoted a 2013 House Bill to streamline the process to report child abuse, and much more.

The Children’s Law Center has several programs devoted to legal advocacy for children. The Education Program promotes the adoption of policies and procedures in the schools and legislature to recognize the impact of trauma on children’s learning behaviors, reduce school transfers for children in the child protection system, and redirect children in the school disciplinary system from the school-to-prison pipeline. The Children’s Law Center also has a caregiver advocacy program, a domestic violence program, a trauma-informed yoga program, and a therapeutic garden.

The Children’s Law Center relies on donations to continue providing compassionate legal advocacy to abused, neglected, and at-risk children. Their annual operating expenses total over one million dollars per year. Donate on Colorado Gives Day by clicking here or any day by filling out the form on this webpage.

Colorado Gives: Wheels of Justice Cycling Team Pedals for Pediatric Cancer Patients

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.

woj-logoEach year, the Wheels of Justice Cycling Team rides in Colorado’s Courage Classic, a challenging 2-day bicycle tour covering 157 miles of mountain passes, in order to raise money for Children’s Hospital Colorado’s Center for Cancer and Blood Disorders. The Wheels of Justice has contributed over $3 Million toward treating and researching cancer, as well as supporting patients suffering from cancer.

The Wheels of Justice Team was created in 2005 by Heather Purcell and Aaron Bradford. They formed a team of attorneys to participate in the Courage Classic with the underlying goal of being the top fundraising team each year. In its first three years, the Wheels of Justice Team raised more than $500,000 for Children’s Hospital Colorado. Since then, the Wheels of Justice Team has raised more than 3 million dollars. In 2016, the team raised $345,000 with 238 riders from various law firms, corporations, and nonprofit organizations.

The Wheels of Justice Team is always happy to accept new riders, be they experienced cyclists or weekend warriors. To join for the team, email info@wheelsofjusticecycling.org or call (720) 323-2538.

The Team also accepts sponsorships. In 2016, Denver’s top law firms and businesses stepped up as sponsors, adding more than $110,000 to the team’s total raised for Children’s Hospital Colorado. Sponsorship information is available at info@wheelsofjusticecycling.org.

Individual donations are also accepted. Each team member is required to raise $300 in addition to paying the race’s registration fee, so donations can be made to individual riders or the team as a whole. Contact info@wheelsofjusticecycling.org for more information.

Colorado Gives: Rocky Mountain Immigrant Advocacy Network Promotes a More Humane Immigration System

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 6, 2016. These charities, and many, many others, greatly appreciate your donations of time and money.

rmianThe Rocky Mountain Immigrant Advocacy Network (RMIAN) is a nonprofit legal services organization that believes justice for immigrants means justice for all. RMIAN provides life-changing legal services to vulnerable immigrant children in Colorado, and to adults in immigration detention. Without this assistance from RMIAN’s attorneys, RMIAN’s child clients and individuals in detention would be forced to face immigration court hearings entirely on their own, an injustice by any standard. A national study, headed by a federal judge, found that immigrants with lawyers are five times more likely to win their cases than those without. For many, a loss in immigration court means deportation and a forced return to the persecution, abuse, or other violence from which they fled. For many others, it signifies a permanent and heartbreaking separation from spouses, partners, children, siblings, and other loved ones.  RMIAN’s programs are dedicated to ensuring legal representation, due process, and support.

RMIAN’s Detention Program has a daily presence at the immigration detention center in Aurora, Colorado, where over 900 individuals are detained on civil immigration charges every day. RMIAN’s attorneys provide know-your-rights presentations before detained individuals have to go before the immigration judge for the first time, assist with applications and case preparation, refer cases to pro bono attorneys, represent clients, and provide social service support for the most vulnerable detainees. Recent RMIAN cases involving clients in detention include a man from Somalia granted asylum on the basis of his political opinion; a longtime lawful permanent resident granted a second chance by the immigration judge to stay with his family in Colorado; a young man from Honduras granted asylum based on the persecution he would face because of his sexual orientation; and numerous clients who won bond reductions with RMIAN’s representation. In 2015, RMIAN’s Detention Program provided 209 know-your-rights presentations to over 1,700 individuals in detention, conducted over 800 individual intakes, held 33 workshops for over 100 individuals fighting their cases on their own, and provided intensive individual assistance to over 500 detainees. In addition, RMIAN’s staff attorneys and volunteer attorneys represented 59 clients in their complete immigration court cases.

RMIAN’s Children’s Program provides immigration legal services to children through Colorado. Recent clients include a young man who was granted a T visa based on being a victim of human trafficking; several children who won Special Immigrant Juvenile Status as a result of being abused, abandoned or neglected; several young crime victims and their family members who were granted U Visas; and numerous youth who were granted Deferred Action for Childhood Arrivals. In the past several years, RMIAN’s Children’s Program has seen an exponential increase in its representation of unaccompanied children who fled horrors in their home countries and who are now seeking asylum and other immigration relief before the Denver Immigration Court. In 2015, RMIAN’s Children’s program directly represented 288 children, conducted 658 intakes and consultations, and referred 205 cases to pro bono attorneys. By providing free legal services to immigrant children, as well as outreach efforts to community partners, RMIAN educates children and their families on the rights and protections to which they are entitled under federal immigration law and works to ensure that Colorado’s communities are safe.

In addition to direct legal services, RMIAN provides community education and training about immigration law, particularly as it relates to individuals in immigration detention and immigrant children. In 2015, RMIAN gave 66 presentations to 2,210 community members.

Please consider making a donation to RMIAN today to help us fulfill our values statement, “We believe that justice for immigrants means justice for all.” Donations may be mailed directly to RMIAN at 3489 West 72nd Avenue, Suite 211, Westminster, CO 80030 or via RMIAN’s website at www.rmian.org  RMIAN is participating in Colorado Gives Day on Tuesday, December 6, 2016.