December 11, 2017

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

Colorado Gives: CBA CLE Legal Connection is focusing on several legal charities in honor of Colorado Gives Day, December 5, 2017. These charities, and many, many others, greatly appreciate your donations of time and money.

childrens-law-center-logo-gFor over thirty-five 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: Disability Law Colorado Recognizes the Inherent Value of All People and Embraces Empowerment

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities this week in honor of Colorado Gives Day— Tuesday, December 5, 2017. These charities, and many, many others, greatly appreciate your donations of time and money.

Disability Law Colorado (formerly known as The Legal Center for People with Disabilities and Older People) was created in 1976 out of the dream of a small group of parents who came together to secure equal rights for their children with developmental disabilities who were living in state institutions. These parents wanted a better life for their children and believed that all people with disabilities deserved the right to live full and rewarding lives. Disability Law Colorado’s early successes included requiring school districts to pay for children’s education in public schools, allowing children with severe disabilities to attend school for the first time. Disability Law Colorado also succeeded in preventing sterilization of people with developmental disabilities and preventing workplace discrimination against people with disabilities.

In 1977, the governor designated Disability Law Colorado to be Colorado’s Protection and Advocacy (P&A) System for people with developmental disabilities. Today, Disability Law Colorado is recognized as a leader in the National Disability Rights Network made up of Protection and Advocacy programs from all the states and territories.

For Colorado Gives Day, Disability Law Colorado has a $15,000 fundraising goal. By donating through Colorado Gives, your gift will go further thanks to a $1 million dollar incentive fund. Click here to donate.

Colorado Gives: Help Provide Justice for All through Legal Aid Foundation of Colorado

It’s Colorado Gives Day today, and you can make a big difference for some of the least fortunate and most vulnerable members of our community by supporting Legal Aid. Donate here to help ensure that low-income Coloradans are not left to face serious civil legal problems alone.

Contributions to the Legal Aid Foundation help support Colorado Legal Services (CLS), which provides free legal services to over 10,000 Coloradans every year, giving priority to the poor, elderly and disabled in greatest economic and social need. Unfortunately, for every client served by CLS, at least one income-eligible client is turned away because of inadequate resources.  CLS has only 50 lawyers statewide to serve nearly 800,000 income-eligible Coloradans.  By comparison, there are nearly 500 public defenders in the state to serve the indigent in serious criminal matters.

As lawyers, we know first-hand the value and necessity of quality legal representation when faced with a potentially life-changing legal problem. This is especially true of low income individuals and families, whose basic survival may depend on being able to stay in their home, protect themselves from abuse or exploitation, or secure food and necessary health care.

Making a Colorado Gives Day donation is quick and easy, and all donations made today will receive a proportional “boost” from a $1 Million Incentive Fund.  Please join lawyers from around the state today in helping Colorado move closer to fulfilling the promise of “justice for all.”

To learn more about the Legal Aid Foundation, please visit www.legalaidfoundation.org.

Colorado Gives: Metro Volunteer Lawyers Provides Representation to Low-income Coloradans

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities this week in honor of Colorado Gives Day—Tuesday, December 5, 2017. These charities, and many, many others, greatly appreciate your donations of time and money.

MVL-50-Year-Logo (png) SmallerMetro Volunteer Lawyers (MVL) is a program of the Denver Bar Association and is co-sponsored by the Adams/Broomfield, Arapahoe, Douglas/Elbert, and First Judicial District Bar Associations. MVL is committed to bridging the gap of access to justice by providing pro bono legal services to people who could not otherwise afford legal assistance.

MVL offers pro bono opportunities to attorneys, especially in the areas of estate planning, guardianships and conservatorships, family law, and consumer law. By volunteering with MVL, attorneys can receive valuable experience while assisting Colorado’s most vulnerable populations with their legal needs. Under C.R.C.P. 260.8, Colorado attorneys providing uncompensated pro bono legal representation may apply for 1 general CLE credit for every 5 billable-equivalent hours of representation, up to a maximum of 9 credits in each 3 year compliance period.

Give your expertise, as well as supporting MVL with a cash donation. Click here to donate and/or submit an online application to volunteer.

Lawyers Run for Kids on October 1, 2017

Run for a good cause! The 2017 Hot Chocolate 5K/15K will take place on October 1, 2017. You can support the Rocky Mountain Children’s Law Center while you run — the Children’s Law Center arranged with Hot Chocolate to invite you, your business, and its clients to run in a fun and chocolate-filled race against other businesses in the Denver metro area. Join Lawyers Run for Kids with employees or clients to race against other businesses for bragging rights, all while making a difference in a child’s life.

The Children’s Law Center Lawyers Run for Kids lets you:

  • Create teams with your colleagues and build office camaraderie (we encourage professionals in all work
    sectors and industries to participate!)
  • Invite your clients to join you for a fun, relationship-building event
  • Race against other businesses for fabulous prizes – there’s more than one way to win!
  • Run with your friends and make a tax-deductible donation through your sponsorship to help the kids we serve!

Perks for you:

  • Every runner will receive a Lawyers Run for Kids tech t-shirt, with all teams business logos on back of shirt
  • Hot Chocolate Swag including a soft, tech-fabric pullover, goodie bag, chocolate medal and finish line hot chocolate fondue and dippers
  • Children’s Law Center prizes for fastest (and slowest) male, female and coed teams as well as an elite prize for the firm with the most teams
  • Prominent recognition via: Law week Colorado post-race color ad, Children’s Law Center social media platforms, website, & quarterly newsletter
  • Special rates for government employees, non-profit employees, and CLC Junior Board members!

Registration information is available here. Register individuals and teams by September 13 in order to have your logo printed on the Lawyers Run for Kids shirt. Click here to register, and use coupon code MTQJYBFMQP to have your registration completed by the Children’s Law Center.

Attorney Volunteers Needed for Hurricane Harvey Victims

The Colorado Bar Association extends its heartfelt sympathy and support to those affected by Hurricane Harvey. In light of the severity of the situation, the Texas Supreme Court has issued an order allowing attorneys licensed and in good standing in another U.S. jurisdiction to practice in Texas for six months so that they can volunteer their services to assist victims of this natural disaster. According to the ABA Journal, lawyers will be needed for disaster appeals with the Federal Emergency Management Agency, to help people secure temporary housing, to get money for home repairs, and to deal with insurance claims. Click here for more information and to volunteer.

Out-of-state lawyers without practice-area expertise or the time to handle cases may consider donating money to area legal services groups, particularly Lone Star Legal Aid. Lone Star Legal Aid suffered a double blow from the hurricane when their flood-damaged Houston office exploded. Currently, their Angleton/Clute, Beaumont, Bryan, Conroe, and Galveston offices also remain closed. The Colorado Bar Association Young Lawyers Division is holding a donation drive for Lone Star Legal Aid from now through next Friday. Click here to donate to Lone Star Legal Aid through the CBA-YLD donation drive.

Other legal aid organizations providing help through the area are also accepting donations, including Texas Rio Grande Legal Aid and Southeast Louisiana Legal Services.

The CBA thanks those Colorado attorneys who are willing and able to help.

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.

Colorado Gives: Volunteers Needed for Sturm College of Law’s Tribal Wills Project

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.

Each year, students from the Sturm College of Law at the University of Denver participate in the Tribal Wills Project (TWP). In January, March and May, TWP participants travel to a tribal reservation in Colorado, Utah, New Mexico, Arizona or Montana for a week to draft wills, medical powers of attorney, living wills, and burial instructions for tribal members on a pro bono basis. This work is extremely important for the following reasons.

Under the American Indian Probate Reform Act (AIPRA), if a tribal member dies without a will and his or her interests in trust land total less than specified amount, such interests automatically pass to the tribal member’s oldest living descendant to the exclusion of his or her remaining descendants. If the tribal member is not survived by any descendants, such interests pass back to the tribe. This is often in contravention of the tribal member’s intent. In some instances, tribal members are unaware of these default provisions under AIPRA; in other instances, tribal members may be aware of the default provision but are without the means or resources to have a will prepared to avoid the foregoing results. TWP gives tribal members a voice so that desired family members are not excluded from inheriting interests in trust land.

Additionally, TWP provides a unique opportunity for law students to gain hands-on experience with real clients. Initially, a student is paired with a client to conduct an interview. Thereafter, the student prepares initial drafts of the desired documents, which are then reviewed by a Colorado supervising attorney. The student and attorney work through the revision process together, which provides an essential learning opportunity for the student. Once the documents appear to be in order, the documents are further reviewed by an attorney who is licensed in the particular state where the reservation is location. Once the documents receive final approval, the student participates in the execution process.

TWP was initially developed in February 2013 by John Roach, who is a Fiduciary Trust Officer for the Southern Ute Agency of the Office of the Special Trustee for American Indians; former Colorado Supreme Court Justice Gregory J. Hobbs, Jr.; and University of Denver Professor Lucy Marsh, among others. The first trip occurred in March 2013 when the students and supervising attorneys travelled to the Southern Ute and Ute Mountain Ute Reservations in southern Colorado. Since then, TWP has grown exponentially. Each year, students apply for limited positions on the TWP team; many must be turned away based on the limited availability of funds and supervising attorneys.

In January 2017, twenty students and four supervising attorneys will travel to two reservations outside of Phoenix, Arizona. Similar groups will travel to New Mexico in March and Montana in May. It costs approximately $15,000 to fund each trip, which is funded primarily by donations.

TWP is actively seeking volunteer supervising attorneys to assist with future trips. If you are unable to serve as a supervising attorney for any reason, you can still help by making a tax-deductible donation to TWP.

For more information, please contact Lucy Marsh at (303) 871-6285 or lmarsh@law.du.edu.

Join Metro Volunteer Lawyers’s “50 Hours for 50 Years” Challenge

MVL-50-Year-Logo (png) SmallerThis year marks the 50th year anniversary for Metro Volunteer Lawyers! In honor of its anniversary, MVL is encouraging lawyers to achieve 50 hours of pro bono service this year. MVL is a program of the Denver Bar Association and co-sponsored by the Adams/Broomfield, Arapahoe, Douglas/Elbert, and First Judicial District Bar Associations. MVL offers pro bono opportunities in such areas as Wills, Probate, POAs, Family Law, Guardianship/Conservatorship, and Consumer law. You can even sign-up to take a case conditioned on MVL finding you a mentor, or be a mentor yourself.

Reasons to Volunteer with MVL: 

  • Helping MVL clients is a rewarding way to serve the needs of the less fortunate in your community, helping work towards our constitutional mandate of providing equal justice under the law.
  • Advance the reputation of the legal profession.
  • Obtain practical legal experience.
  • Fulfill your professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least fifty hours of pro bono public legal services per year. Colorado Rules of Professional Conduct Rule 6.1.
  • You can receive CLE credits for pro bono work. Under C.R.C.P. 260.8, Colorado attorneys providing uncompensated pro bono legal representation may apply for 1 general CLE credit for every 5 billable-equivalent hours of representation, up to a maximum of 9 credits in each 3 year compliance period.
  • MVL provides attorneys with malpractice insurance for the cases they take through its organization.

Want to Help MVL in Other Ways? Donate!

MVL_donatebuttonYour tax-deductible donation to MVL can help the organization provide legal services to more low-income individuals in Colorado. Click the “Donate” button or visit ColoradoGives.org to find MVL’s donation page.

Read More About Metro Volunteer Lawyers and How to Get Involved at www.metrovolunteerlawyers.org.

Metro Volunteer Lawyers: MVL Honors Dianne Van Voorhees and Looks to the Future

Van Voorhees

Editor’s Note: This post originally appeared on the MVL Blog on January 4, 2016. Reprinted with permission.

By Candace Whitaker, MVL Board Chair

After eight years as Executive Director, Dianne Van Voorhees leaves us on January 7 to serve the Arvada community as a part-time Municipal Court judge, and to start a private practice. Although we are all very happy for Dianne and this new phase of her legal career, she will be sorely missed at Metro Volunteer Lawyers. Dianne reflected recently on her tenure at MVL, stating “leading MVL has been one of my happiest experiences. Our clients get the assistance they need to prevent potentially devastating consequences. I am enormously proud of the staff, too. Our little team of 5 is responsible for ensuring that we could handle over 1400 cases this year. It is a pleasure to work with dedicated professionals, and we could not do it without our volunteers – our legal community is exceptional. I know that MVL will continue to thrive and grow, and I am excited to see what the future brings.”

How do you adequately thank someone who has given her heart and soul the past eight years for the betterment of Metro Volunteer Lawyers? “Thank you” doesn’t seem quite enough to recognize and honor the many contributions of Dianne Van Voorhees, but I’ll try to convey the debt of gratitude we owe her. In thanking her, let’s recall some of her many contributions and how they impacted MVL. From the outset, Dianne’s goal was to raise awareness of MVL within both the legal community and the community at-large. She was innovative on many fronts, including creating and maintaining MVL’s website and social media accounts, and involving MVL in the Colorado Gives Day from its inception and continuing participation, as well as using the Colorado Gives platform to allow individual fundraisers to solicit and collect donations for MVL electronically.

She also raised awareness of MVL by being acutely attuned to the legal community and attending every local meeting and event related to access to justice where she tirelessly advocated for MVL and its clients. Importantly, she achieved this not with an overbearing presence, but with a poise and warmth that reflects her personal and gracious nature. To refuse Dianne is unthinkable not for fear of repercussion, but because she is so highly respected. Having such a command of others based on integrity and mutual regard is a rare commodity these days, and one to be remembered and emulated.  Thank you for always being there for MVL and representing us well, Dianne!

While raising the profile of MVL, Dianne also expanded programming and created significant new programs. The Post-Decree Clinics, serving parents coping with parenting time, child support and maintenance issues, expanded beyond Denver and Jefferson Counties to include Adams and Arapahoe.  Dianne also added more law firm partners to the post-decree clinics, including the Attorney General’s Office, expanding the number of volunteers and the clients served. The Post-Decree Clinics are the only clinics of their type in Colorado and now accept approximately 260 clients annually. From the Post-Decree Clinic clients and volunteers, thank you, Dianne!

In 2012, Dianne, along with Danielle L. Demkowicz, MVL Board Member, also pioneered a monthly, walk-in clinic at the Denver Indian Center. As a descendant of the Turtle Mountain Band of Chippewa Indians, the project was near to Dianne’s heart. Her experience with a wide variety of legal areas and specific experience with Native issues added depth to this clinic, and addressed the needs of a chronically underserved community, which Colorado’s Access to Justice Commission has identified as having one of the biggest gaps in access to justice. The first legal clinic was held on April 4, 2012 and continues as a monthly event.  From the Denver Indian Center and clients, thank you, Dianne!

As Executive Director, Dianne also managed staff responsible for acceptance of approximately 1,800 cases annually on a wide range of civil legal issues for clients who could not otherwise afford representation. She also managed over 400 annual volunteers, and expanded staff and capacity for interns and externs to work with MVL. Such administration is a daunting task, and Dianne researched and advocated for a new, scalable, relational case management system for MVL that also enhances and improves direct intake communication with Colorado Legal Services. This is a technological improvement that will carry MVL well into the future.

Dianne provided oversight to two essential MVL programs: the Family Law Court Program (“FLCP”) and the Rovira Special Programs created by the Rovira Scholar Fellowship, which Dianne helped develop. The FLCP assists pro se clients with uncomplicated, uncontested divorce or custody matters, where the other party is also pro se. The Rovira Programs are special programs and include the Power of Attorney Clinic, which partners with community nonprofits and low-income senior housing facilities to assist seniors with completing powers of attorney and living wills, and the Fostering Success Legal Clinic, a quarterly clinic aimed at helping current and former foster kids navigate legal issues.

Dianne’s responsibilities also included working closely with students, interns, the MVL Governing Board, the CBA/DBA, Colorado Legal Services, and the Rocky Mountain Immigrant Advocacy Network. Thank you, Dianne, for always making it look easy. You leave MVL a better organization for which we are forever grateful. Good luck and Godspeed, Judge Van Voorhees.

As for the future of MVL, we welcome Philip Lietaer as new Director.  Philip knows he has big shoes to fill (at least figuratively), and he is up to the task. Philip received a J.D. from the Western New England University School of Law, and a B.A. from the University of Western Ontario. His legal experience includes an impressive history of public service, including working with indigent clients at the Harvard Legal Aid Bureau, South Brooklyn Legal Services, and the Vail Center for Immigrant Rights in Los Angeles, California.  Philip also worked for the law firm of Goldstein & Lee, P.C. in New York City.

Philip is intimately familiar with the inner workings of MVL, having served in multiple positions within the organization. He first began working at MVL in 2013 as a Rovira Scholar Fellow. In 2014, he became Family Law Court Program Coordinator, where he has done an outstanding job working with clients with sensitive issues. About the FLCP Philip states, “I have had the opportunity to help many people in need while getting to work closely with many exceptional attorneys, students, paralegals, as well as our outstanding staff. Seeing our clients treated in a professional manner by a compassionate and capable legal professional, often providing a moment of dignity, has been one of the most rewarding aspects of this type of work.”

Philip states, “It is an honor to be selected as MVL’s new Director. I have come to know the organization very well, and I look forward to the honor and challenge of continuing to improve our ability to provide quality help to a large number of people in need.” We look forward to working with you, too, Philip.

Attorney Volunteers Needed for “Ask an Attorney” Sessions at Legal Resource Day

The Colorado Judicial Branch is hosting Legal Resource Day on Friday, October 2, 2015 for people representing themselves in court. This event will allow pro se litigants to visit the Ralph L. Carr Colorado Judicial Center (2 E. 14th Avenue, Denver, CO 80203) to learn more about court processes, legal information, and resources through a series of informational clinics, “Ask an Attorney” sessions, tours, and vendors. There is no cost to attend the event.

We are looking for attorneys who would be interested in volunteering at the “Ask an Attorney” sessions. The sessions are in two-hour blocks: 10:45 a.m. – 12:45 p.m. and 12:45 p.m. – 2:45 p.m. The pro se litigant would have a chance to sit with an attorney for up to 15 minutes in the areas of family law and general civil law, to include evictions, small claims, money cases, etc. Chief Justice Nancy Rice will kick off Legal Resource Day at 10 a.m. with opening remarks welcoming participants and providing an overview of the informational sessions being offered.

If you would be interested in volunteering for either of the “Ask an Attorney” slots, please contact Brigitte Smith, Self-Represented Litigant Coordinator, at brigitte.smith@judicial.state.co.us or call 720-772-2503.

Colorado Court of Appeals: Volunteer Traveling to Meeting Was Employee for Workers’ Compensation Purposes

The Colorado Court of Appeals issued its opinion in Teller County, Colorado v. Industrial Claim Appeals Office on Thursday, April 23, 2015.

Workers’ Compensation—Volunteer as Employee—Coming and Going Rule.

Claimant is the president and incident commander for Teller County Search and Rescue (TCSAR). All employees of TCSAR, including claimant, are volunteers who receive no monetary compensation.

On May 10, 2013, claimant left his home in Florissant to attend a fire chiefs meeting in Divide. Before leaving, he contacted the Teller County dispatch to “mark in service,” thereby notifying Teller County that he was en route to the meeting. As he was driving, he was struck head on by an approaching vehicle and sustained severe injuries.

He filed a workers’ compensation benefits claim, asserting that as a volunteer he fell within the definition of “employee” set forth in CRS § 8-40-202(1)(a)(I)(A). The administrative law judge (ALJ) agreed and the Industrial Claim Appeals Office(Panel) affirmed.

On appeal, Teller County argued that (1) claimant’s actions did not fall within the statutory definition of “employee” because he was driving to a meeting and not actually performing duties or engaged in an organized drill or training when the accident occurred; (2) the Panel’s inclusion of “planning and preparation” activities under the definition of employee broadened the scope of the provision beyond the General Assembly’s intent; (3) the Panel engaged in improper fact finding in affirming the ALJ’s decision; and (4) claimant’s claim should have been barred by the “coming and going” rule.

The Court of Appeals was not persuaded by these arguments. Attending fire chief meetings was clearly a part of claimant’s position and duties as president of TCSAR. It was, contrary to Teller County’s argument, a part of the custom and practice of claimant’s position. In addition, the Court reviewed the record and found no improper fact finding by the Panel. Finally, the Court found that the circumstances here fell squarely in one of the many exceptions to the coming and going rule, which ordinarily does not allow workers benefits if they are injured coming from or going to work. The order was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.