June 20, 2013

Rule Change Gives Students More Opportunities for Pro Bono Service

Editor’s Note: Pro Bono Week is October 24-28, 2011. In anticipation, CBA-CLE Legal Connection will run weekly articles this month to highlight local pro bono efforts and opportunities. At the end of the month, the Denver Bar Association has put together several days of events and parties for Pro Bono week, to recognize and celebrate the commitment to pro bono client services. Click here for more information.

Recent changes to Colorado’s Student Practice Act have expanded the qualifications for supervising lawyers who work with law students in pro bono cases, allowing students to get more in-court training and expanding attorneys’ ability to volunteer.

Colorado’s Student Practice Act allows currently enrolled second- and third-year law students acting under a qualified attorney’s supervision to draft motions, prepare pleadings, and enter appearances on behalf of consenting clients for civil, administrative, and certain criminal cases. By creating opportunities for hands-on litigation experience, the statute provides law students a meaningful way to learn through exposure to complex procedural issues and common practice strategies that are difficult to teach in a traditional classroom setting.

Before the rule change, law students could operate under the student practice rules only if they worked for an attorney in the public sector, such as the Public Defender’s or District Attorney’s offices, or if they were enrolled in a law school clinical program. The former rule prevented private attorneys working in a temporary or voluntary capacity from supervising a student’s court appearance and restricted the type of work a student could do for pro bono organizations such as Metro Volunteer Lawyers, which relies largely if not exclusively on volunteers’ time and efforts to serve indigent clients.

Law students who have completed at least two years of law school may appear in district, county, and municipal court, according to CRS § 12-5-116. Students must file certification from the dean or registrar of the law school confirming that they have completed two years of law school and are of good moral character. The Office of Attorney Registration provides the form for the dean’s certification. Students also must provide the name of the supervising attorney they will be working with.

A team of collaborators that included MVL staff and board members, professors, administrators at both University of Colorado and University of Denver law schools, and the Office of Attorney Regulation worked together to develop the proposed revision to the Student Practice Rules. In response to these efforts, the Supreme Court has adopted its revised Colorado Rule of Civil Procedure 226.5. The new Student Practice Rule, which has been effective since July 16, is more permissive regarding qualifications for supervising attorneys in that a supervising lawyer must now work for or on behalf of a public sector or nonprofit organization. This language allows private attorneys to serve as supervisory lawyers to law students who work with them on a pro bono case, so long as the case is referred to the law student and supervising attorney by a qualified legal services provider, such as MVL.

Under the new rule, students may offer legal services under the supervision of private attorneys volunteering on behalf of legal services organizations. Further, it increases the level of interaction between law students and practicing attorneys, benefiting both.  The new rule allows attorneys to ask for and expect more from the students they supervise, and acquaints students with more relevant issues in more varied fields of law.

By permitting law students to work with private attorneys on different types of pro bono cases, the new rule teaches students how to address and respond to the substantive and procedural challenges of a case through real-world exposure, and affords them opportunities to work with private attorneys practicing in legal fields that were beyond the scope of the old rule. Colorado’s new Student Practice Rule benefits the state’s legal system as a whole by expanding volunteers’ and private attorneys’ work with law school students to produce better-prepared young lawyers who leave school confident and ready to practice.

Matthew Foster is a third-year student at the University of Colorado School of Law and a student volunteer with Metro Volunteer Lawyers.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Metro Volunteer Lawyers at 45: The Thursday Night Bar – A Journey Through the Past

Editor’s Note: Pro Bono Week is October 24-28, 2011. In anticipation, CBA-CLE Legal Connection will run weekly articles this month to highlight local pro bono efforts and opportunities. At the end of the month, the Denver Bar Association has put together several days of events and parties for Pro Bono week, to recognize and celebrate the commitment to pro bono client services. Click here for more information.

By Howard Rosenberg, Jon Nicholls, and Jerry Conover

1966—it was the year that the Office of Economic Opportunity and its Office of Legal Services were in bloom. Enter the Denver Bar Association with its Thursday Night Bar. What was it, and why was it so called? No, it was not a “bar” open on Thursday nights—it was an experiment designed or if one prefers, “dreamed up” by prominent members of Denver’s legal community who believed that lawyers were willing and able to provide pro bono volunteer legal services to the low-income community. The idea also was that volunteer lawyers could at least make a small dent in serving the legal needs of the poor in Denver, while the OEO Office of Legal Services was pondering whether to fund a legal services program for Denver.

The program that was designed by its founders assigned volunteer lawyers to a neighborhood office of the Denver Housing Authority, set up through the assistance of Dick Peterson (at that time a Denver minister), where on Thursday nights at 5 p.m. clients with legal problems would come in on a first-come, first-served basis. The volunteer lawyers would interview each client, give advice when feasible (if the lawyer was knowledgeable enough to give the advice), and make notes regarding the client’s problems. Files would then be  transferred to the DBA office for the Friday morning review.

Jerry Conover, left, and Howard Rosenberg, center, were founding volunteers of the Thursday Night Bar. Jon Nicholls was also a TNB volunteer. Rosenberg and Nicholls each served as executive director of the Legal Aid Society of Metropolitan Denver. Photo by Jamie Cotten.

On Friday mornings, the Thursday night volunteers would meet with a panel of volunteer lawyers, a staff attorney from the Legal Aid Society of Metropolitan Denver, and a bar association coordinating lawyer.  In the first year of operation, a lawyer from the neighborhood law center, a representative of DU Law-Denver Legal Aid combined model effort funded by OEO for one year, also was present. The Thursday night cases would be presented by the lawyers who interviewed clients the night before, and the Friday morning panel would discuss how to resolve the cases. Referrals would be made to the Legal Aid Society, to the DU Neighborhood Law Office and law school clinic, and to volunteer lawyers. When the Friday morning panel completed its review of the cases, the DBA coordinator would begin calling lawyers to assign cases. The assignment to the volunteer lawyer would be noted. The client would receive either a phone call or a letter advising the client that the case was assigned to a particular volunteer attorney. He or she would then be directed to contact the attorney.

The Thursday Night Bar program prospered and grew under the auspices of the DBA, continuing to mature into the current iteration—Metro Volunteer Lawyers. For many years the name and nostalgia for the Thursday Night Bar remained, even as the Thursday night client interviews were abandoned and clients were seen by appointment during the day at what eventually became the MVL offices and later became modern distant communication—telephones, cell phones, and computers.

A Glance at Metro Volunteer Lawyers
The mission of Metro Volunteer Lawyers is “to bridge the gap in access to justice by coordinating the provision of pro bono legal services by volunteer lawyers within the Denver metro area to people who could not otherwise afford legal services for their civil legal issues.”Volunteer attorneys founded the Thursday Night Bar in 1966; in that first year there were 20 volunteers. Today, TNB is MVL, and is a staffed department of the Denver Bar Association. MVL serves indigent clients in Adams, Arapahoe, Broomfield, Denver, Douglas, Elbert, Gilpin, and Jefferson counties through its Family Law Court Program, post-decree clinics, and direct representation by volunteer attorneys. As of Sept. 1, MVL has accepted 1,061 cases, 303 attorneys have taken cases, and 105 attorneys have been added to its panel.

In the past year, MVL’s successes include $94,000 raised at the sold-out Barristers Benefit Ball, which benefits MVL; a redesigned website; and participation in Colorado Gives Day, which benefits nonprofits. However, as more families face poverty and funding for legal aid continues to be cut, MVL needs support more than ever. For more information or to volunteer, visit metrovolunteerlawyers.org.

Indeed, at some point, members of the Denver Bar Legal Services Committee, which oversaw the TNB, believed the program should have a new, more relevant and creative name. The DBA Legal Aid Committee struggled with various new names for the TNB without success. A creative member of the committee then suggested that it conduct a contest to pick the best new name for the Thursday Night Bar program.  Entries were solicited from far flung places and sources, including the Colorado State Prison (and indeed several entries were received from that institution; residents of the prison were offered a certain number of hours of free legal advice if they won the contest).

Ballots poured in with all kinds of names suggested by folks from all over the country.  The winning name unanimously chosen by the judges was, yes, “The Thursday Night Bar,” submitted by none other than Jerry Conover!  The second, or runner-up, prize was submitted by a resident of the Colorado prison network and because Conover did not want (or hopefully need) free legal advice, the prison resident was provided free legal advice.

Later, however, the creative juices of the Legal Services Committee members regenerated and the committee came through with the new name, Metro Volunteer Lawyers.

A few of us had a hard time remembering the new name and kept reverting to TNB! For a while, Legal Services Committee meetings were held on Thursday in honor of the TNB.  The new name made sense, as MVL now encompasses the bar associations of metropolitan Denver.

The evolution of the TNB into MVL was not only a new designation, but a greatly expanded volunteer program  that would largely be financed through the annual Barristers Benefit Ball.  The proceeds from the ball enabled the DBA to partner with other contributing local bar associations, including those in Arapahoe, Jefferson, and Adams counties, and to fund a full-time lawyer volunteer program, staffed with a director, legal services coordinators, and a legal assistant.

Unfortunately, many of the original founders of the Thursday Night Bar are deceased, but most of these founders did live to see how their idea has become perhaps the longest continuous running lawyer volunteer program that continues to be a valuable and essential supplement to providing legal services to low-income and underserved persons. Yes, the TNB name has changed, but the idea hatched by those forward-thinking Denver lawyers in 1966 has persisted and continues to be a landmark for the bar associations in metropolitan Denver. It continues to be a necessary benefit for the many low-income clients served by the old TNB and its successor, MVL.

Howard Rosenberg is a professor at the University of Denver Sturm College of Law and a past president of the Denver Bar Association. Jon Nicholls is a partner at Nicholls & Associates. Jerry Conover is of counsel at Moye White and a past president of the Colorado and Denver Bar Associations.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Lessons from Constitution Day

“Can any of you run for Senate?”

“Yes!” came the enthusiastic response from McMeen Elementary fifth graders.

“No,” replied Connie Smith, an attorney with Fairfield and Woods, her response grabbing their attention.  “None of you are 30 yet!” And so went the dialogue during Constitution Day, as fifth and eighth graders learned about the Constitution from volunteer attorneys in the Denver area.

Smith, along with two other attorneys from Fairfield and Woods, engaged 100 fifth graders for three 45-minute learning sessions that sounded more like a fun-filled exchange than a civics lesson.  Colin Walker, one of the three attorney volunteers, brought a gavel to keep order with his 25 students, but it was not needed.  The students had prepped for the session and were eager to surprise Walker with their new knowledge of the three branches of the government, the Declaration of Independence, and the Constitution.  Jack Tanner, the firm’s third volunteer, arrived dressed for success, with a red, white, and blue flag tie. Prior to Constitution Day, Jane McFadden, a McMeen fifth-grade teacher, had identified her students and three other classes that she team teaches with to participate with the attorneys.  All over Denver similar learning was occurring the week of September 12.

Colin Walker, an attorney at Fairfield and Woods, discusses the Constitution with fifth graders from McMeen Elementary in Denver

Constitution or Citizenship Day, usually observed on September 17, is an American federal observance that commemorates the date when delegates to the Constitutional Convention signed the U.S. Constitution in 1787. When the date falls on a weekend, as it did this year, another date is selected during Constitution Week, the five school days in September dedicated to commemorating the adoption of the Constitution. The purpose of Constitution Week is to promote study and education about the Constitution, and Constitution Day is designated specifically by each teacher as a day to educate their students about the importance of the Constitution.

This September marked the sixth year that the Denver Bar Association has matched volunteer attorneys with Denver Public Schools to talk with students about the Constitution. To ensure a strong program, the DBA worked with Liberty Day, a nonprofit organization that provided each child with a red white and blue pencil and pocket-sized copy of the Constitution, and provided their teachers and lawyer volunteers with instructional materials. There were 1,553 students taught by volunteer attorneys—1,058 elementary students and 495 middle school students.

“It was fun to figure out what information would engage them,” said Smith, who did her homework to prepare a lesson plan.  She found a “wonderful website,” icivics.org, beforehand that inspired her. The site was created by Supreme Court justices to teach children civics. It is engaging and informative, exactly the same qualities that these three Fairfield and Woods lawyers strived for with their classes. According to students and teachers, Constitution Day did just that.

A special thanks to all of the volunteers that made this event possible: Lacy A. Baldwin, Jocelyn Bates, Jamie A. Bosten, Jim Carr, Jill Chase, Randy B. Corporon, Joshua Crawley, Jane T. Feldman, C. Adam Foster, Jason R. Gardner, Tim Gilmore, Russ Haskell, Eric J. Heil, Jeremy Hildebrand, Matthew Holohan, Linda J. Hoover, Scott S. Humphreys, Don D. Jacobson, Raymond Dean Jones, Jeff Knetsch, Trish M. Krajniak, Amy Kramer, Herrick K. Lidstone, Matthew Morrissey, Charles H. Nadler, Edward W. Nottingham, Christopher L. Ottele, Dan Pabon, Margaret Perl, Joe Peters, Steve Roberts, Monica Rosenbluth, Robert F. Rosenthal, Ann M. Schroeder, Connie Smith, Douglas A. Stevens, Jack Tanner, Elsa Martinez Tenreiro, and Steven Woodrow.

Colin A. Walker focuses on trials and litigation, particularly employment law, landlord/tenant, construction, intellectual property, securities, and real estate-related litigation, at Fairfield and Woods. He also counsels clients on employment policies and practices.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Legal Aid Once Again on the Chopping Block – How the Bar Can Respond

“Equal justice under law is not merely a caption on the facade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists . . . it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” – Lewis Powell, Jr., U.S. Supreme Court Justice (ret.)

Legal aid is not just a poor person’s issue. “Access to justice is correctly seen as a necessary foundation for a just, vibrant, democratic society,” Lonnie Powers writes in “Tied to the Railroad Track Once Again: The Perils of Legal Aid Funding” for The Nonprofit Quarterly. This may not come as a surprise to some of you, but Colorado Legal Services (CLS), our statewide legal aid agency, is experiencing significant funding cuts that are compromising its ability to meet even the most essential legal needs of Colorado’s low-income population. CLS has only half the staff and at least twice as many clients as it did 40 years ago. With the looming funding cuts, all CLS most likely will be able to do is manage intake and turn prospective clients away. We cannot let this happen. As a profession, we have the power to help solve this crisis.

The Facts

Here are the basic funding facts you need to know:

  • Cuts in federal funding in this fiscal year will cost CLS approximately $170,000 from now through December, and much larger federal funding cuts in 2012 are likely.
  • A reduction in state funding will cost CLS approximately an additional $165,000 over the next 12 months.
  • Another key funding source for legal services comes through interest on lawyers’ trust accounts with the Colorado Lawyer Trust Account Foundation (COLTAF). With interest rates remaining near zero, COLTAF funding continues to be severely compromised. CLS lost $440,000 in COLTAF funding in 2010, and will lose another $200,000 to $250,000 before the end of 2011.
  • The need for civil legal aid has outpaced funding for years. Even before this current crisis, CLS was turning away at least as many eligible clients as it served due to a lack of resources.

The Effects

As funding continues to be cut, the impact will be devastating.

  • More and more eligible Coloradans will go without the services of an attorney and will not have the support they need to assert their rights in desperate situations. This includes women seeking safety from domestic violence for themselves and their children, returning veterans entitled to benefits, and seniors facing foreclosure.
  • There exists a real potential for the layoff of staff attorneys, closure of CLS offices, and less access to an attorney for Colorado residents living outside our metropolitan areas.
  • The prolonged economic crisis has driven many families into poverty, often for the first time, producing even greater demand for assistance from the already overstretched CLS.
  • Ultimately, there will be a reduction in the quality of representation that CLS can offer those Coloradans who cannot afford to pay for a lawyer.

Our Profession Can Take
Ownership of this Looming Issue

Our esteemed profession has responded to this very same issue of funding cuts in the past by creating COLTAF, first initiating and then increasing bar-sponsored pro bono programs, giving generously to the Legal Aid Foundation, and combating efforts in Congress to eliminate all federal funding for civil legal aid—and we can certainly do it again. We can take ownership of this issue—otherwise, we will be GIVING UP on providing civil legal aid.

We now have the chance to reaffirm the institutional role that lawyers and law firms play in supporting the civil justice system and cultivating a sense of responsibility for access to justice among younger and older attorneys alike. As lawyers, we are fortunate to have a certain level of education, wealth, and connections through which we can make things happen. I know that none of us are immune to today’s economic realities, but I ask you to just imagine how much tougher times are for a family that is about to lose a home, for victims of domestic violence, the disabled, children, veterans, and others whose health and safety are at risk every day. If all of us took at least one necessary step to help address the problem, it can and will be solved.

The Most Immediate Ways for You to Help

I am aware that there are many problems in our world that appear beyond our ability to assist. This is not one of them if we as a profession step forward. I offer 10 things you can do today that will help solve this problem and improve access to justice for needy individuals and families:

  1. Call Metropolitan Volunteer Lawyers (303-830-8210), or any other legal aid program in Denver that you’d like to volunteer for, and take a pro bono case.
  2. Make a charitable gift to the Legal Aid Foundation of Colorado at legalaidfoundation.org. Funds raised by the Legal Aid Foundation go to support CLS.
  3. Call your banker and ask for an increase in the interest rate paid on your COLTAF account (the interest earned on those accounts goes to support CLS and Colorado’s civil legal aid delivery system).
  4. Call members of the Colorado congressional delegation to urge their support for an increase in federal funding for legal aid through the Legal Services Corporation.
  5. Call your state senator and representative to urge their support for an increase in state funding for legal aid through the Family Violence Justice Fund. Legal services can have a preventative effect that actually saves money for the state. For example, housing a family in a homeless shelter for just a few weeks is more expensive than supporting a legal aid lawyer that can help a family remain in stable housing (see “The Budget-Slashing Hysteria’s Latest Victim: Legal Aid for the Poor” in Mother Jones).
  6. Amend your written retainer agreement to request client consent to donate any unexpended nominal funds to the Legal Aid Foundation after a reasonable time, in the event the client’s whereabouts are no longer known to you and reasonable efforts to locate the client have been unsuccessful. See CBA Ethics Opinion 95.
  7. If you are a trial lawyer negotiating a class action settlement, consider proposing a cy pres provision that directs unclaimed funds to the Legal Aid Foundation.
  8. Include the Legal Aid Foundation in your estate plan.
  9. Forward this article to your fellow attorneys and citizens and encourage them to take one of these steps, as well.
  10. Give to the Legal Aid Foundation again!

The DBA is also looking into ways it might better assist its members by matching them up with all types of pro bono cases—stay tuned for more information on this. Thank you for taking the time to read my first column for The Docket. I think it is important to discuss this issue. Please feel free to respond with your thoughts and feedback to ilenebloom@hotmail.com.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Legal Affairs: Attorney Accolades, September 2011

Christopher J. Neumann, a shareholder in the Denver office of Greenberg Traurig, LLP, has received Colorado State Senate confirmation for his appointment to the Colorado Solid and Hazardous Waste Commission by Gov. John Hickenlooper.

Kara C. Martin, former district and county court magistrate in the 18th Judicial District, joins the Rocky Mountain Children’s Law Center as Domestic Violence Program Director. Martin has an extensive background in domestic violence matters and child advocacy, handling protection order cases for approximately four years as a magistrate in the 18th Judicial District.

John W. Grund, a partner in the Denver-based defense firm, Grund Dagner, P.C., has been recognized by The Roller Skating Association International for his exemplary and innovative assistance to the association. Grund’s practice focuses on recreational liability along with the defense of complex and multidistrict litigation, product liability, common-carrier and general aviation law, hospitality law, malpractice, and insurance law.

David Asarch, corporate counsel for affordable property management firm, Monroe Group, and its real estate development partner, Steele Properties, has joined the Board of Directors of Jewish Family Service of Colorado. Asarch has served on the organization’s Development Committee for the past year, and will continue to support its services in four key areas: mental health counseling, senior services, disability and employment services, and family safety net services regardless of faith or economic status.

The First Judicial District Bar Association and First District Judicial District Access to Justice Committee recently awarded Denver trademark/copyright attorney David A. Weinstein a certificate of appreciation for his outstanding contributions and services regarding pro bono mediation.

 

Deana Dagner, a partner in the Denver-based defense firm, Grund Dagner, P.C., has been designated a state chair for the Council on Litigation Management.

 
Wheeler Trigg O’Donnell congratulates partner Mark Clouatre on his completion of the Ironman 70.3 Hawai’i. He finished the race in 6:04 and placed among the top third of participants. Cloutre’s national litigation practice focuses on commercial, franchise, product liability, and general tort cases.

 

Perkins Coie has earned a Gold Standard Certification from The Women in Law Empowerment Forum (WILEF). The Gold Standard Certification seeks to certify, publicly recognize, and broadly publicize law firms that have integrated women into the highest leadership positions in the firm.

Derek Blass released his debut novel, “Enemy in Blue,” in June. The novel follows a young lawyer who is drawn into a case involving the murder of an illegal immigrant caught on video and an allegedly racist cop.

Faegre & Benson partner David Stark has been appointed by Colorado Chief Justice Michael Bender to the newly formed Commission on the Legal Profession.

 

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Baldwin: Collaboration, Speed, Control of the Courtroom Key to Reforming Divorce

A divorce is like a funeral, and just as the dead should be treated with respect and mourned, so too should the death of a relationship, actor Alec Baldwin told 150 people, largely family law attorneys, at the Kickoff to the Family Law Institute on Thursday night.

“What has to start happening in divorce court is you have to have the same ethics that you have at a funeral,” Baldwin said. “It’s the death of something, and the death of something profound and meaningful and very significant in the lives of these people and we have to give it a proper burial.”

Gathered in a ballroom in the Denver Marriott City Center, the star recounted personal details about his own divorce and custody battle as the start to a larger conversation about the future of family law and how to prevent parties from feeling worse off than when they began.

Denver attorney Brenda Storey, who organized the kickoff and the 2011 Annual Family Law Institute, a two-day conference presented by the CBA Family Law Section in Breckenridge, found herself representing a man who was going through similar issues as Baldwin, but her client attempted suicide. At the same time, she was reading Balwin’s book, “A Promise to Ourselves: A Journey Through Fatherhood and Divorce” about his odyssey through the family court system.

Brenda and Alec sit together on stage during the discussion

What he said struck a chord with her: “When someone is sick, our society usually offers some means of care,” he writes. “When illness afflicts a marriage however, the professionals who arrive on the scene often are there to prolong the bleeding, not stop it.”

In her time as a family law attorney, Storey had seen the ugliness of the proceedings. “We who are in this system have no idea what it’s like to be in the shoes of those parties,” she said Thursday. “We do in fact leave a lot of the parties that come into this system already broken; we leave some of them worse than when we found them.”

But, the evening was not about dwelling on the bad. As lyrics to the Beatles’ “Revolution” flashed across the projector screen on the stage and filled the room’s speakers, the goal of the kickoff and the institute is to entertain, educate and challenge family law attorneys to think about change.

Storey said she wants to change it, but acknowledged, “it’s going to take a revolutionary change.”

The kickoff with Baldwin is part of the discussion of that change. When he came to the stage, he shared his story of divorce and an event during it that caught the attention of the nation.

It was 2007, and Baldwin got word that a tape of a voicemail — in which he released a tirade on his then-11-year-old daughter, Ireland, and called her a little pig — the evening that he was to serve as an honoree at the Goodman Theatre School of DePaul University.

When he returned home and saw the news, he was blind-sided by what he called a booby trap, which happened at a time when he was utterly frustrated because although he had been prevailing in court the orders in court were being ignored.

“This became this kind of insanity-inducing experience where there was no enforcement of the court’s orders,” Baldwin said.

He felt the tape had portrayed him as the exact opposite of what he was — a caring parent. Meanwhile, the story swirled in the media and there were calls for him to lose all custody of his daughter. The ordeal made him suicidal, but soon he decided to stop with those feelings and take a different tack.

From there, he began working on his book. For Baldwin, it was a way to go on the record about his experience and to think about change, he said.

For Baldwin, that change means a few things:

  • First, it means to work on collaborative divorce clinics. Many in the crowd applauded when he brought up collaborative divorce. “I think people are really, really tired of this system and the way it exists now,” he said.
  • Second, it means speeding up the entire process. “You want to get everybody set and give them this kind of chiropractic adjustment quickly so that you’re all set and ready to go so you can move on with your lives,” he said.
  • Last, it means for family court judges to have more control of their courtrooms. His experience in California courts was that it felt that the attorney were more in control, and he did not see any enforcement of orders of the court. “You must punish people who violate orders of the court,” he said. “I think judges have to really understand that they are in charge of the courtroom.”

In his closing remarks, Baldwin said divorce is one of the most shattering experiences a person can have. “I felt like a failure. … It’s this extraordinarily painful thing,” he said.

But, if the professionals involved in divorce can bring more emotional engagement, and act as a “wise friend,” and work to make the process fast, Baldwin said, then the parties involved will be able to move on with their lives.

“Once they start living inside that new paradigm, everybody heals.”

Photos by Matt Meier, Law Week.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read full issues online at denbar.org/docket.

Legal Affairs: Attorney Accolades, July 2011

Rothgerber Johnson & Lyons LLP is proud to announce that Charles Goldberg is the recipient of this year’s Isaac Hecht Award by the American Bar Association’s National Client Protection Organization.

Bryan D. Biesterfel has been elected Chair of the Board of Trustees for The Community Foundation, serving Boulder County. Biesterfeld is a business and real-estate 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.

 

 

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 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.

 

 

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Are You Ready For Some Football? The DBA Lawyers’ Touch Football League Starts Soon!

Team Collateral Attack

The 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 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 jhs@giffordstevens.com. 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 fourth-straight 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.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Profile of the New DBA President: A New President in Bloom

“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 then-partner 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 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 fingerprints 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 on pro bono issues.

“I really think we have a professional responsibility to give back to the community, especially because we have a license and no one else can help people with their legal issues,” she said.

As Bloom looks toward her term as DBA president, pro bono work will be a part of her message to members.

“I really want to continue to grow and strengthen Metro Volunteer Lawyers and members’ commitment to pro bono,” she said.

During her term, she also hopes to highlight issues in the profession, such as diversity, work–life balance, and professionalism, but largely she hopes she can respond to needs of the DBA as issues arise. Given Bloom’s past involvement with the DBA, taking on this role was a logical next step.

“It just seemed like a natural progression to become more involved in that way,” Bloom said. “Even five years ago, I did think to myself that I might like to be the president one day.”

Leecia Welch, an attorney at the National Center for Youth Law, is thrilled for her longtime friend to take on the presidency.

“She is a natural leader,” she said. “She has all the best qualities you would want in bar leadership—intelligence, compassion, and vision.”

Welch and Bloom met in law school—as fellows at the Civitas ChildLaw Center at the Loyola University Chicago School of Law. Bloom was interested in becoming a lawyer because she wanted to work with children, and thought being a lawyer would give her a chance to positively impact children’s lives.

Her mother, Shirley Pasowicz, said she could see Bloom’s passion for the legal profession emerging as a child. “Before Ilene ever expressed a desire to be an attorney, we used to joke that she would make a good one, because she was a great debater, whether it was for discussions on a personal level or outside issues,” Pasowicz said. “But her interest really blossomed in her high school years.”

At Loyola, Bloom was part of the inaugural class for the child-law program.

“It was the first of its kind,” she said. “It was interesting being on the ground floor of the program because it was really developing as we were going through it, but I enjoyed it because it was very specialized and it was interdisciplinary—it was very, very pointed.”

Bloom worked as an intern at what is now the Rocky Mountain Children’s Law Center when she was a second-year law student. “[After that experience] I always thought about coming back to Colorado,” she said.

Today, she has her own firm, Ilene Lin Bloom PC, and she largely works with firms on a contractual basis. Bloom also is a regular volunteer at the legal nights at Mi Casa Resource Center and El Centro de San Juan Diego. Until recently, she served on the board of The Conflict Center, and she continues to support the organization.

Balancing her work, volunteering, and time with her family—she and husband JJ Henrikson have two children—can at times be tough.

“It’s difficult, but that’s part of the challenge,” Bloom said. “I think I’m wired like that—I need to have a lot of things going on.”

When Bloom talks about her 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 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.”

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

A Seat at the Bar: Alec Baldwin Kicks Off Family Law Institute

Brenda 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 the event will entertain, educate, and challenge people to change.

When Storey first started the process of inviting Baldwin, she was unsure of whether he would be interested. When she spoke with Baldwin from the set of the TV show “30 Rock,” she was caught off-guard by the personal call and the fact that he went through his calendar with her to find a date that would work for them both.

Baldwin had never been approached by a bar association to discuss his book, which he wrote with Mark Tabb.

“I asked him to look them [the lawyers at the event] in the eyes and tell them, me, us what we’re doing wrong,” Storey said of her approach in inviting Baldwin to speak.

Despite how people may feel about 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. Throughout her planning process for the Institute, Storey has been surprised to find how few in the family law realm know that Baldwin wrote this book, which was published in 2008.

“What I appreciate about his book is that he doesn’t just complain; he actually makes some good suggestions,” Storey said.

Although Baldwin hopes the system will change, Storey said his book is not meant to be disrespectful of those who work within the legal system.

“He really respects good lawyers,” she said. “He respects the system; he just wants to change it.”

If you go: Kickoff to the Institute with Alec Baldwin

August 11 at the Marriott City Center Hotel, 1701 California St., Denver, Colorado, beginning at 5:30 pm. Dinner and a conversation about the family law system with Baldwin. Pre-purchase of Baldwin’s book, “A Promise to Ourselves,” is available when registering. Guests who pre-purchase the book with be entered into a lottery for an intimate book signing. The twenty-five selected will get to spend an hour with the actor following the event. The twenty-five participants will be notified of their selection by August 4th. Register by August 1 by calling (303) 860-1115 or email melissan@cobar.org. A registration form, available here, must be completed to RSVP.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

Register Now: Announcing Speakers and Topics for Thursday’s Ignite Program

As we already reported, the Denver Bar Association is holding an Ignite event on the Future of the Legal Profession on June 9 at 5:30 pm, at 1900 Grant Street, Third Floor, Denver. There is no cost to attend, but we do ask that you RSVP to lunches@cobar.org or (303) 860-1115, ext. 727. Food and drink will be served and the presentations will begin at 6pm.

We are pleased to announce the eight presenters and their five-minute topics!

  • Phil Shuey – The Future: All Bets Are Off!
  • The Honorable Russ Carparelli – Businesses, Crafts & Trades
  • Casey Cassinis – Microspecialization: Think Outside the Kennel
  • Phil Nugent – The Future of Law Firm Marketing & Business Development
  • Paul DeLauro – Integrated Wealth Planning
  • Becky Bye – Lawyer Mentoring Based on the Inns of Courts’ Model
  • Barbara Cashman Hahn – Letting Love out of the Closet
  • Brian Gryth – Creativity and the Future of Law

See you there!

Ignite the Legal Profession on June 9: What’s Your Big Idea?

Five minutes. Twenty slides. Fifteen seconds per slide.

There aren’t too many rules at Ignite events. Inspire your audience or scare it. Make ’em laugh or make ’em cry. If you find yourself presenting at an Ignite event, the approach you take is entirely up to you, as long as it can be captured in five minutes, 20 slides, with 15 seconds per slide.

Ignite events started in Seattle in December 2006, when two people from O’Reilly Media decided it would be fun to mix networking, beer, and big ideas. The result was the first of many Ignite events, not just in Seattle, but around the world. Colorado is home to at least three city-based Ignite events—in Boulder, Denver, and Fort Collins.

In 2010, several people attending the American Bar Association’s TECHSHOW in Chicago organized an “Ignite Law” program for people interested in the future of law practice. Sixteen lawyers, legal editors, and practice management partners presented to a full room on topics like “What a Law Firm Can Learn from Zappos.com”; “The Big Law-Solo Partnership: Outsourcing Innovation and the Lessons of Tommy Supreme”; and “Agile Legal Management: What Law Firms Can Learn from the Software Industry.”

This year, I managed to get my hands on a ticket to the sold-out second year of Ignite Law in Chicago, which gave the stage to such legal tech leaders as Carolyn Elefant, Kevin O’Keefe, and Dennis Kennedy, and covered topics like “Apps for Justice: Code to the Rescue”; “(Lack of) Privacy 2.0: Law in the Age of Transparency”; and “Bespoke Legal Services in an Off-The-Rack Culture.” The overarching theme of the night was technology, which was fitting, given its connection to TECHSHOW.

Each presenter, in rapid succession, presented his or her idea. The presentations were illuminating, inspiring, and occasionally controversial, but the conversation they generated in the room and throughout the conference was even better.

Ignite Law was not my first Ignite event. I have been to events in both Boulder and Denver, and every time, I’ve walked out holding tight to a spark. Maybe it was the kind of spark that leads me to improved email inbox management, or maybe it was the kind of spark that changed the way I looked at a broader issue, like online privacy. But each time, it sparked some kind of change in my life, big or small. I guess that’s why they call it Ignite.

Ignite empowers ordinary people to put forth extraordinary ideas that, when shared with the right mix of people, can transform an industry. This is why we’re bringing an Ignite program to the Denver Bar Association for Member Appreciation Week. We know our engaged and diverse membership has no shortage of opinions on what the future of the legal profession will look like, so the DBA is giving members the opportunity to lead that conversation.

I guess that leaves only one question: What’s your big idea about the future of the legal profession?

You have five minutes. Go!

If You Go: Ignite Law “The Future of the Legal Profession,” June 9

The event begins at 5:30 p.m. at CBA–CLE, 1900 Grant St., Suite 300.There is no cost to attend for DBA members. Food and beverages will be provided. RSVP to lunches@cobar.org or (303) 860-1115, ext. 727. If you’re interested in presenting or want more information, please email Alli Gerkman at agerkman@cobar.org.

The Docket eFile brings features from your favorite Denver Bar Association publication to you digitally. When you see the logo, you’re reading an article from The Docket. You’ll also still be able to read the full issue online at denbar.org/docket.

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2013-06-20 11:58:25