May 24, 2013

State Judicial Issues Revised Certification of Indigency Form

The Colorado State Judicial Branch has issued a revised form for a legal service provider to certify that their client is indigent. Once certified as indigent, the client is eligible to have most court-related fees waived. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees

  • JDF 203 – “Certification of Determination of Indigency” (revised 8/11)

Revised Finding and Order Form to Waive or Defer Filing Fees Issued by State Judicial

The Colorado State Judicial Branch has issued a revised finding and order form to be used for granting eligibility to proceed without the payment of a filing fee, to have the filing fee paid in installments, or to deny eligibility to proceed without payment. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees / Domestic/Family

  • JDF 206 – “Finding and Order Concerning Payment of Fees” (revised 8/11)

UPDATED: Tenth Circuit Online Case Management and PACER Outages Scheduled for This Weekend

Both CM/ECF and PACER will be unavailable on the United States Court of Appeals for the Tenth Circuit’s e-filing system this weekend. There will be two outages: Friday, September 16, 2011, from 7:00 to 11:00 pm and Saturday, September 17, from 8:00 am to 12:00 pm.

The PACER Reporting Tools system enables users to obtain, view, and print case records from federal Appellate, District, and Bankruptcy courts via the Internet. The CM/ECF Online Case Management and Filing system is a comprehensive case management system that enables users to file electronically in cases pending before the Bankruptcy Court.

State Judicial Issues Revised Form to File Without Payment of Filing Fee

The Colorado State Judicial Branch has issued a revised form to file a case without paying the filing fee or to waive other costs owed to the state. The motion must be accompanied by the attached supporting financial affidavit. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees / Domestic/Family

  • JDF 205 – “Motion to File Without Payment and Supporting Financial Affidavit” (revised 9/11)

U.S. Bankruptcy Court Online Case Management and PACER Outage Scheduled for Next Weekend

Both CM/ECF and PACER will be unavailable on the United States Bankruptcy Court for the District of Colorado’s e-filing system next weekend. The outage will begin on Friday, September 16, 2011 at 6:00 pm, with service resuming on Saturday, September 17 at 10:00 am.

The PACER Reporting Tools system enables users to obtain, view, and print case records from federal Appellate, District, and Bankruptcy courts via the Internet. The CM/ECF Online Case Management and Filing system is a comprehensive case management system that enables users to file electronically in cases pending before the Bankruptcy Court.

Colorado Supreme Court Amends Three Directives Regarding Court Fees

The Colorado Supreme Court has amended three Chief Justice Directives, which were adopted and effective as of August 2011. The changes all concern court fees:

  • CJD 08-02 – “Concerning Assessment of Cost Recovery Fees for Maintaining the Technical Infrastructure Necessary to Support Electronic Access to Court Records”
    • Attachment A of the CJD outlines the fees for online access to court records and e-filing.
  • CJD 98-01 – “Costs for Indigent Persons in Civil Matters”
    • The CJD outlines indigency determinations, the waiving of fees, installment payment procedures, and dispute resolution fees.
  • CJD 85-31 – “Concerning the Assessment and Collection of Statutory Fines, Fees, Surcharges, and Costs in Criminal, Juvenile, Traffic and Misdemeanor Cases”
    • The CJD outlines the assessment of these fees, their standard application, and waiver procedures.

Electronic Filing Standards Again Revised by the Colorado Supreme Court

The Colorado Supreme Court has revised the Chief Justice Directive regarding the electronic filing standards that were first introduced in May.

CJD 11-01 aims to make uniform the means by which documents are electronically transmitted and accepted through the State’s E-Filing system and to increase access to the courts by reducing the number of reasons for rejecting an e-filing. The Directive includes an attachment that sets forth reasons for rejection of electronically filed documents.

The Directive applies to all documents that are transmitted and accepted electronically using the E-Filing system.

CJD 11-01 – “Concerning Statewide Electronic Filing Standards”

Filing Fees, Surcharges, and Costs Form Updated for Colorado Courts

The Colorado State Judicial Branch has issued a revised form that outlines the fees and costs of conducting business in all state courts. The changes are minimal, but practitioners should be aware of the revised form.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees

  • JDF 1 – “ Filing Fees, Surcharges, and Costs” (revised 8/11)

Tenth Circuit: Leave to Proceed In Forma Pauperis Denied when Litigation History Includes at Least Three Cases that Failed to State a Claim

The Tenth Circuit Court of Appeals issued its opinion in Strope v. Cummings on Tuesday, August 9, 2011.

The Tenth Circuit vacated the district court’s grant of leave for Petitioner to proceed in forma pauperis (IFP) in his appeals. Petitioner is a prisoner of the State of Kansas appearing pro se and IFP. He has three civil appeals pending in the district court, each of them filed in October 2010; he has not paid the filing fees for any of these appeals.

The Court determined that Petitioner is barred under federal law from proceeding IFP in these appeals because of a litigation history that includes at least three lawsuits previously dismissed for failure to state a claim on which relief could be granted. As a result, Petitioner must prepay the filing fees for each appeal he would addressed on the merits; he is allowed thirty days to pay the fees or each appeal will be dismissed.

U.S. Bankruptcy Court Online Case Management and PACER Outage Scheduled for Saturday

On Saturday, August 6, 2011, both CM/ECF and PACER will be unavailable on the United States Bankruptcy Court for the District of Colorado’s e-filing system from 7:00 – 10:00 am.

The PACER Reporting Tools system enables users to obtain, view, and print case records from federal Appellate, District, and Bankruptcy courts via the Internet. The CM/ECF Online Case Management and Filing system is a comprehensive case management system that enables users to file electronically in cases pending before the Bankruptcy Court.

CBA President’s Message to Members: Information Technology and the Practice of Law

Anyone who knows me will not be surprised by the subject of my inaugural President’s Message. I have long been an advocate for the use of information technology in the practice of law. From the relative obscurity of rural Western Colorado, I have traveled to such places as London, Honolulu, Toronto, and St. Croix to speak on various subjects within the broad topic of information technology and the practice of law. Maybe one message on this theme will be enough during my term as CBA President; maybe not. Time will tell.

Technology 101

My involvement with computers began in law school when I bought an original Mac. It had no hard disk drive. I bought the extra floppy drive so that we (I shared the computer with my wife Mary Jane) could put an application in one drive and our working file in the other.

After law school, I joined a firm that had bought new computers a couple of years earlier. A few years later, when that firm dissolved and I became half-owner with the remaining partner, we learned we needed to upgrade. It seems our predecessors had bet on CP/M becoming the prevailing operating system instead of MS-DOS.

In the mid-’80s, computers generally were within the exclusive domain of support staff. In our case, our assistants were the only people in the office who knew anything about using the computers we had. That struck me as impractical. It took only a few years in practice for me to realize that jury instructions were written on weekends or evenings, and major briefs or contracts were completed in the wee hours—precisely those times when support staff are living lives and young attorneys are not. The way to fix this, I reasoned, was for me to learn how to use these glorified typewriters. (Oh, I knew how to type; my mother had seen to that while I was in high school.)

When the time came to buy the new computers, I told my partner that I intended to observe the installation and setup with an eye toward gaining a basic understanding of how they worked. I was thinking along the lines of learning how to turn them on and off, and maybe—just maybe—how to create and print a document. Lofty goals, indeed! I learned that using Word Star to produce simple documents was like using an eighteen-wheeler to deliver newspapers door-to-door. Then I discovered WordPerfect 5.1!

Lawyers as Information Workers

It began to make sense for attorneys to compose and draft their own documents using a good word processing application. Early on, though, personal computers had not matured to devices proficient at storing, organizing, and retrieving information. Access to Westlaw® and Lexis® was painstakingly slow and outrageously expensive, and the search tools were just plain hard to use. This was all about to change.

As personal computers matured, terms like “information age,” “information economy,” and “information super highway” began to appear in the news and popular press. The devices we originally envisioned to crunch numbers were able to do much more. As devices that could store, organize, sort, and retrieve information, personal computers were about to change the practice of law. Lawyers were becoming, in the lexicon of the day, the quintessential “information workers.”

The Business of Practicing Law

Jump ahead, from the early 1990s to the second decade of the 21st century. The digital evolution continues. Today, most lawyers and law firms use a variety of information technologies to conduct the business of practicing law. Some lawyers and law firms use more; some use less. The specific applications are not as important as bringing information technology to bear on various aspects of the professional and business components of practicing law.

What are the professional and business components of practicing law? I like to think of the professional components as including research, writing, and the delivery of work product, and the business components as including billing, bookkeeping, and calendaring. After dividing the typical law practice into these components, we can look at how information technology can be brought to bear on each aspect of a law practice.

Billing and Bookkeeping

In a law practice, billing and bookkeeping are areas where electronic information technology has made paper almost—if not entirely—obsolete. This was one of the first aspects of the practice to “go digital.” The billing piece often includes the electronic recording of time spent on matters, using applications such as TABS, TimeSlips, PCLaw, or Billing Matters. Those time entries are silently and efficiently tallied by the hardware–software time and billing system. Then, at the end of the month, this office system generates the bills. After the bills have been sent, most of these applications can be used to apply payments received on client accounts.

These applications typically provide for trust accounting and can be used to transfer payments from trust to business accounts. Most, but not all, of these applications can be used to manage the business checking account. Some include modules that provide payroll functions. In the spirit of full disclosure, let it be known that I am numerically challenged, and billing and bookkeeping are areas that I try to avoid. So let’s go to another aspect of the business component—calendaring.

New Millennium Calendars

There’s more to calendaring than calendars. I’m told that Microsoft Outlook has a very nice calendar feature, but I’ve never used it. Don’t get me wrong, Outlook beats a paper calendar hands down; I just prefer a calendar that has been designed for use by legal professionals.1 Such calendars usually are one component of what are referred to as “practice management applications.” The big players in this market are Amicus Attorney, Practice Master, Pro Law, and Time Matters.2

Generally speaking, practice management applications focus information around cases or matters. Information can be focused around contacts, but matter-centric organization is the prevailing method. In practice management applications, records are created for each matter handled by the firm. Then, other records created in the application are linked or related to the matter. For example, let’s say you have a matter that you call Smith v. Jones. You can associate contact records with that matter. Contact records would be your address book; however, if I am opposing counsel, I’m not just a name in your address book—you associate me with the matter. The same goes for other contacts that might be associated with the matter, including the client, opposing party, judge, referral source, and co-counsel. Most practice management applications allow you to customize the records so you can create as many relationship categories as your practice may require. That’s not all!

The calendar in a practice management application can link events to matters. Events are occurrences—things you attend, not deadlines. As event entries are made on the calendar, they can be linked to the appropriate matter. Deadlines are typically represented by “to-do” records—that is, the application has a form to complete that includes:

  • the due date
  • as many reminders as you want
  • the type of deadline (in my firm, we keep it simple: there are internal deadlines for things we have to do and external deadlines for things people outside the firm have to do)
  • the subject or what it is you have (or someone else has) to do
  • to whom it is due
  • enough customizable fields to satisfy the needs of the most compulsive practitioner.

Of course, deadlines or to-do records are linked to matter records. That means that you can go to the main matter record and see all of the events and to-do items that are associated with that matter.

Making and Creating Notes and E-mail Applications

Practice management applications do more than connect the dots between matters, people, events, and deadlines. Most include tools for making notes that can be associated with a matter. Likewise, most include a special tool for creating notes for telephone calls. No more of those little pink “While You Were Out” notepads to be lost or misplaced. There are other “special” records that these applications offer that can be linked or associated with matters, but the most valuable feature, in my opinion, is the ability to link electronic mail messages to specific matters.

E-mail has become a generally accepted mode of communication. Practice management applications allow you to connect e-mail messages to matters. When messages are connected to matters, they can be removed from the in-box. When matters are closed, the e-mail message records are included in the archive.

Legal Research

The move to electronically based legal research was essentially forced on many Colorado lawyers. Local law libraries—no longer supported by the state judicial branch—closed. Few, if any, counties can afford to maintain such libraries. That means if you want to look at an ALR annotation or a case from the Southeastern Reporter, you either find it online or travel to the Front Range to use hard copies in libraries there.

As local law libraries began closing in large numbers, the CBA stepped up and offered the Casemaker legal research library as a free benefit to its members.3 Initially, Casemaker provided most of what most lawyers needed—basic statutes and about fifty years of case law. Today, Casemaker is a much more robust research tool that effectively competes with LexisNexis and Westlaw. Regardless of which research tool a lawyer uses, though, the fact remains that electronically based research has become the norm for most lawyers.

It’s a Digital World

The systems that most law firms use to create documents went digital before the turn of the century. I expect there are very few lawyers who do not use a computer and software to prepare documents. Even if the lawyer does not do the drafting at the keyboard, he or she has staff with computer skills. Just as you likely would not hire an accountant who still uses a manual adding machine, clients likely will not employ lawyers who still use typewriters and carbon paper.

E-Filing and the Paperless Office

If most lawyers are in fact preparing documents digitally, then why would they bother to convert them from electronic media to paper for storage? This question becomes more perplexing when you consider that most courts have mandated electronic filing. In the Colorado Judicial Branch’s January 2010 list of “Mandatory E-Filing Courts,” only one district out of twenty-two4—the Ninth Judicial District—was not included. Think about it: in 2010, all documents in any given case were most likely electronically prepared and filed with the court.

Electronic Client Files

The courts are storing documents electronically and so should lawyers. The federal court uses the acronym “ECF” for Electronic Court Files. Lawyers should have our own version of ECF, meaning Electronic Client Files. When client files are stored electronically, they can be replicated on portable media and removed from the law office. In other words, you can back up your client files and take them anywhere you want. Floods, fires, tornados, and other disasters pose little or no threat to client files that exist on a variety of media in various locations. Access to electronic files can be secured as well as, if not better than, their paper counterparts. (However, like non-archive quality paper records, storage media can degrade over time, so a variety of media should be used.) Additionally, electronic client files can be accessed more efficiently than paper files and cost far less to store. More efficient and costs less—sounds promising.

Work-Product Delivery

The final component to consider in the professional law practice is how lawyers deliver their work product. As mentioned above, for those who file documents with courts, the preferred—if not mandatory—method of delivery has become electronic. Traditional written-on-paper work product, such as attorney–client and attorney–attorney communications, frequently are delivered electronically. When the substance of the communication requires more formality than e-mail, many lawyers prepare traditional letters or memoranda that are delivered electronically.

Live presentations of information often are enhanced through the use of electronic information technology. Trials with electronically presented evidence move more quickly and are easier for all participants to follow. Complex matters can be explained to clients more effectively using a digital projector and presentation software such as Microsoft PowerPoint. The trend of delivering information electronically, whether in static documents or live presentations, certainly will continue.

Electronic Information Technology—Here to Stay

Many lawyers and law firms make good use of electronic information technology. Many more could improve their bottom lines and the service provided to clients by making better use of technology. The tools for working with information will continue to evolve. How we find the law and where we find it will continue to change. The technology we use today will become the mimeograph and carbon paper of tomorrow. In the meantime, courts and clients will continue to insist that we deliver our work product in the most efficient and effective ways. Legal professionals need to stay in step with the evolution of information technology.

Notes

  1. See www.tabs3.com/press_articles/practice-management_whitepaper.pdf.
  2. All of these applications were developed by small companies. Today, LexisNexis owns Time Matters (and PCLaw and Billing Matters), and West owns Pro Law. Amicus still is owned by Gavel & Gown Software, and Practice Master remains the property of its developer, Software Technology, Inc. (which also owns TABS).
  3. Casemaker is available through the CBA home page at www.cobar.org. CBA members who have questions may call Reba Nance at (303) 860-1115 or toll-free in-state, (800) 332-6736.
  4. See www.courts.state.co.us/userfiles/File/Mandatory%20E-File%20Courts%202010.pdf.

The Colorado Lawyer, the official publication of the Colorado Bar Association, serves as an informational and educational resource to improve the practice of law. When you see the logo, you’re reading an article from The Colorado Lawyer. CBA members can also still read the full issue online at cobar.org/tcl.

Profile of the New CBA President, David L. Masters: Teacher, Tech Guru, and Outdoor Adventurer

David Masters and wife Mary Jane at the 2010 CBA Presidents' Dinner

It was a simple entrepreneurial endeavor—starting a promotion company that would feature national acts performing concerts on National Forest Service land—that would change David L. Masters’s life in two profound ways. First, it would lead him to meet Mary Jane Hadeed, whom he later would marry. Second, investigating the company’s startup would provide an introduction to the legal profession, which would ultimately inspire him to become a lawyer.

Mary Jane was planning, building, and patrolling cross-country ski trails for the U.S. Forest Service when she heard about Masters and Will Lewis applying for a special use permit to host concerts. She was intrigued by the idea and had to meet them. Just two years later, she and Masters would wed in Leadville.

Forming the promotion company also led Masters to visit the office of a Western Slope attorney. As he looked around the office, the Army veteran turned Leadville auto parts shop manager took in the Spartan items that made up what he thought was all that was needed to run a law office—a typewriter and a set of books.

“I thought, ‘Wow, that’s all you need,’” Masters said. “That was a big motivation.”

That attorney was Kenneth M. Plotz, who would go on to serve as a judge in Colorado’s Eleventh Judicial District Court.

“Kenny was an inspiration for me to go to law school,” Masters said. “Part of my idea was that I could go to any small town and just be a general practitioner. I just wanted to help people do real estate deals or do their wills—whatever lawyers in small towns do.”

The promotion company was something that Masters and Lewis started for fun. They ultimately hosted several concerts on private land until the company was dissolved in 1978. Meanwhile, Masters continued to manage an auto parts store.

A few years later, Masters discussed with Mary Jane the idea about moving to Montana to go to law school. She was on board, and so was Plotz, who served as one of Masters’s references for his admission to law school and again for the Colorado Bar when the Masters family of three—David, Mary Jane, and daughter Allison—returned to Colorado in 1986.

A Love for Teaching

Masters has always had the uncanny ability to take a lot of complex information, digest it quickly, and explain it to others. It is curiosity mixed with the great ability to distill the overwhelming into the tangible, whether it be interpreting a statute, presenting a continuing legal education program, or explaining the basics of rock climbing.

Family Tree: David and Mary Jane, with daughters Allison (left) and Laura on Vancouver Island, British Columbia, Canada

“Whatever he is passionate about—whether it’s music, photography, climbing, or computers—he always wants to share it with others,” said Kathryn Sellars, an associate (and soon to be partner) with The Masters Law Firm in Montrose. “He wants others to be excited, too.”

That affinity of sharing knowledge with ease has made teaching and mentoring seamless additions to Masters’s law practice over the years. This is evident at his law office. Going from office space to conference room, a visitor immediately will be dazzled by the photographs he took while he was in Africa in 2010, for example, and others from his visits to Utah. They are clearly indicative of his talent for photography and his love of the outdoors. What may not be immediately noticed are the white boards in the office, which Masters uses to visually plot out tough issues in a case.

“He really trains the attorneys in his office to strategize and think big picture, and he really mentors throughout the process,” Sellars said.

Masters’s enjoyment of and inclination for teaching extends beyond the office setting. Daughter Allison, now 27, said she learned a great deal about writing and editing from her father while she was in high school. Today, she teaches English composition at Front Range Community College in Fort Collins. Second daughter Laura also is interested in teaching and hopes to teach English as a second language. Masters has formally taught classes with the National Institute for Trial Advocacy since 2001 and over the years has taught as an adjunct professor at Mesa State College in Montrose.

An Epiphany About Information Sharing

Hanging on a corkboard in his office is a photograph of petroglyphs that Masters took in the Sego Canyon in Utah. What resonates with him is the idea that when those were created approximately 8,000 years ago, painting on a rock wall was the manner of sharing information.

When talking about what he’s read recently, he mentions the book My Reading Life by Patrick Conroy. It discusses how reading has impacted the author’s life, but what Masters took away from it was the idea that for humans, one of the most important requests we make is, “Tell me a story.” He said: “There’s this whole continuum of how we as human beings have recorded and shared information, and it’s that ability to deal with information that is really part of the huge advances of the human race.” With these thoughts about how we share and archive information swirling in his head, Masters went down a path that would change the way he practices law.

A Hobby With a Professional Edge

When Masters was a partner at the Montrose law firm of Mathis & Masters from 1986 to 1999, the secretaries were the only ones in the office who knew how to turn on and work on the computers. “You look back fifteen years and it just seems so primitive,” he said, laughing.

Still, he saw how computers could be a tool in the legal practice, and he resolved to learn more about them. “Instead of having model trains or building ships in bottles as a hobby, computers became my hobby,” Masters said. “It was the perfect fit with my profession then and it still is today.” As he explains it, “In the late ’90s, there was this dawning realization that computers—instead of just being number crunchers—were going to be used to manage information, and we [lawyers] were the information workers. So, why wouldn’t we use these information managing tools to manage and use the info that we deal with every day?” It was this idea that computers were incredibly powerful tools for lawyers that spring-boarded him into speaking about technology and law practice locally and at American Bar Association (ABA) events.

In 2000, Masters decided he wanted to dissolve his professional partnership and go solo. Part of the reason for making this move was that he wanted to further pursue the use of technology in his law practice. He and his former partner Steve Mathis have remained friends through the transition. In fact, Mathis, who is a pilot, will be flying Masters to some of his CBA President’s visits on the Eastern Plains.

Going Paperless

By 2001, Masters had achieved one technology-related goal: his office was paperless. Today, there is only one two-drawer file in the Masters Law Office. It largely houses empty manila folders. There are some books, too, but the law firm’s research is largely done through online legal research tools. Masters likewise keeps an up-to-date CD-ROM archive, for those times he’s in a spot without Internet access. Occasionally, Masters will be at a conference and overhear someone talking about how they’ve made their office paperless. He’ll smile, knowing that the model is the same as his—and one he has regularly spoken about.

As time went on, going paperless became a reality with e-filing, too. He recalls working on a federal case with Christina Habas in 2002, before she was appointed to the Denver District Court bench. They kept all of their documents electronically.

“Throughout that case, he had scanned in essentially every document and made them searchable,” said Judge Habas. “It was just a complete change in how I practiced law.”

Adobe PDF and E-Filing

It became clear to Masters that Adobe PDF would be the standard for e-filing and keeping legal documents. It was an exciting realization, but also one that prompted him to think about the less-tech-savvy or even the tech-averse lawyers and how they would deal with this format. He decided that someone needed to write a book on how to work with PDF, and it might as well be him. “I got up and penciled out the table of contents and took it from there,” he said. In 2004, the ABA published The Lawyer’s Guide to Adobe Acrobat, which is now in its third edition.

Plans as CBA President

Masters has two passions within the law—technology and mentoring—that he hopes to make cornerstones of his year as CBA President. Encouraging the use of technology in the law practice will come as little surprise to those who know him. “That’s just me,” he said.

Mentoring is equally close to his heart. “I feel a great need to teach or mentor young lawyers,” Masters said. He hopes to further the CBA’s efforts to start a mentoring program. He would like to see the program gain sufficient momentum to continue beyond his term as CBA President.

Bringing Balance and a Unique Perspective to the Table

Longtime friend and Telluride Town Manager Greg Clifton said he is proud to see Masters take on this role as CBA President. “David is a pretty balanced person; I think he has very good perspective on things,” Clifton said. “He’s a great attorney. He’s a good listener. He’s a really good problem solver.”

Judge Habas also believes that Masters will bring a unique perspective to the presidency. His experience as a solo practitioner and as a Western Slope resident who has traveled far and wide throughout the state, the country, and the world—coupled with his laid-back personality and his ability to balance his professional responsibilities and his personal life—will bring something positive to his role as CBA President. “I think he’s going to bring a real eclectic background and real eclectic interests,” Judge Habas said.

An Outdoorsman for All Seasons

Late in the afternoon on a blustery spring day, Masters and Mary Jane are in their element taking visitors on a tour of “the park”—better known outside Montrose as the Black Canyon of the Gunnison National Park. Masters peers out into the canyon from one of the viewing points, which looks across the narrow, deep recess at a sheer wall of taupe, mixed with streams of pink. Mary Jane, today a park ranger at the Black Canyon, explains that the pink streams in the rock are pegmatite, some of the oldest rock in the world. It’s really lava that crystallized when it squeezed itself between the cracks of rock sometime during the Precambrian Era, 250 to 540 million years ago.

Throughout the tour of the park, Masters points out the routes (they’re routes, not trails, because the entire area is considered “backcountry”) he and Mary Jane take when they want to go to the base of the canyon. This is no easy feat, considering the canyon claims the state’s tallest vertical wall at 2,250 feet. Mary Jane spots two climbers two-thirds of the way up the face. Their bright T-shirts and helmets mark pinpoints in the vastness of the rock. Masters explains that expert climbers flock to this area to make the climb, and that it usually takes two days to reach the top. Masters is a climber, as well, though he admits this vertical wall is not one he has any plans to scale.

Masters and Mary Jane have always enjoyed the outdoors. “We’ve always been hikers, bikers, runners, climbers, outdoors people—enjoying people-powered sports—and we always will be,” Masters said. Currently, he’s been enjoying trail-running and climbing.

David Masters sits in front of teh snake petroglyph in Moab, Utah. Masters is an avid outdoorsman and spends his free time trail running and climbing.

The adventurous parents have instilled their love of the outdoors in their daughters. Allison said she enjoys hiking and camping, but admits her parents can be hard to keep up with. “As a teenager, I remember being bribed to the top of my first (and only) fourteener with the promise of a new CD,” she said recently.

Laura said her parents began taking her on hikes even before she could walk. The 22-year-old still likes to go hiking with her parents, but she especially loves climbing with her dad. Masters first took Laura rock climbing when she was about 8 years old. “We had a really fun day,” Laura said. “I was so excited to learn something so new and fun, and he was really enjoying being able to pass on his love of climbing to me.”

Dennis Devor, a Montrose-based sole practitioner and past president of the Seventh Judicial District Bar Association, offered his description of Masters: “David is kind of a 23rd century guy and an 18th century guy all in one. He really enjoys the out-of-doors just as he clearly is looking to challenge himself with tomorrow’s technology.”

In February 2010, Masters and Mary Jane did some high-altitude climbing, reaching the summit of Mount Kilimanjaro after an eight-day hike. Their photo at the summit shows them bundled in jackets and gloves. “It was extremely cool,” Masters said of the view from the top.

David and Mary Jane on the summit of Mount Kilimanjaro in Africa, February 2010

To prepare for the climb, they did a lot of snowshoeing and hiking, and spent a few nights in their camper at the top of Red Mountain Pass to acclimate themselves to the cold and the altitude. Most winter nights, theirs was the only camper up there. Although Masters doesn’t think he’ll pursue the Seven Summits—climbing the seven highest peaks on all seven continents—he’s not ruling it out. He and Mary Jane are seriously considering climbing Aconcagua, the 22,841-foot mountain that lies on the Chile−Argentina border, following his term as CBA President.

Looking Toward the Future

There are several literal mountains left for Masters to climb. In the meantime, though, he would like to propose a few metaphorical ones for the legal community. When asked what he would change about the legal profession, he paused for several moments.

“It’s a very hard question,” he replied. After giving it some thought, he said it would be to increase the level of professionalism. “I would like to see lawyers treat each other with more respect and not engage in the maneuvering and game playing that tends to go on.”

Others find the keys to professionalism exemplified in Masters. “I’ve never seen him drop that air of complete professionalism,” Judge Habas said. “I hope he can change the conversation a bit—[professionalism] is about more than just being polite.”

To Kathryn Sellars, Masters exemplifies that integrity in his daily actions. “He strives to have integrity with every decision and every action. To me, that is one of the true measures of integrity—the small things without the expectation of credit and when no one is watching.”

Sellars also hopes David’s enthusiasm—for the law and for life—is contagious with members. “David is passionate about service and participation within the bar association, and perhaps it is this characteristic that will become most prominent to others throughout his term as President,” she said. “I believe the story will be that his passion has encouraged others to give more, participate more, and expect more from themselves.”

The Colorado Lawyer, the official publication of the Colorado Bar Association, serves as an informational and educational resource to improve the practice of law. When you see the logo, you’re reading an article from The Colorado Lawyer. CBA members can also still read the full issue online at cobar.org/tcl.

Protected

2013-05-24 02:02:37