December 10, 2018

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 in the next few days to prepare for Colorado Gives Day, December 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

Metro 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. Checks may be made out to Denver Bar Foundation. For more information or to donate, contact Tammy Ely via email or by calling (303) 824-5376. You can also submit an online application to volunteer.

Colorado Gives: Legal Aid Foundation Promotes Justice for All

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 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

Civil Legal Aid helps low-income Coloradans solve serious legal problems that threaten their most basic needs. You can make a difference for some of the least fortunate and most vulnerable members of our community by making a Colorado Gives Day donation to the Legal Aid Foundation here.

Contributions to the Legal Aid Foundation support Colorado Legal Services (CLS), which is the only agency in the state that provides free legal services to over 10,000 Coloradans every year, giving priority to the poor, elderly and disabled in the greatest economic and social need. Unfortunately, for every person served by CLS, at least one income-eligible person is turned away because of inadequate resources.

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 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 a quick and easy, and all donations receive a proportional “boost” from a $1 Million Incentive Fund.  Please join lawyers from around the state today to move Colorado closer to fulfilling the American promise of justice for all.

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

Colorado Gives: Rocky Mountain Children’s Law Center Compassionately Transforms the Lives of Children who Experience Abuse, Neglect or Trauma

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 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

For more than thirty-six years, the Rocky Mountain Children’s Law Center has improved the lives of more than 25,000 abused, neglected, and at-risk children and youth through compassionate legal advocacy, clinical services, education, and public policy reform.  Using a team of lawyers and social workers, the Children’s Law Center advocates for children in the courtroom, in the community, and at the Capitol.

The Children’s Law Center works to improve the child welfare and foster systems through policy advocacy, 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. Most recently, they launched Colorado’s first Baby Court in Pueblo – a specialty court providing wraparound services for children ages 0-3 and families involved in Dependency and Neglect cases. They also 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.

Here’s how their programs improve kids’ lives:

  • They help children with special education needs thrive in their appropriate school settings.
  • They help children heal and thrive with caregivers when parents are unable to care for their basic needs and wellbeing.
  • Their attorneys and social workers represent children who have experienced domestic violence.
  • They help young adults, most of whom have experienced foster care, obtain basic documentation such as social security cards and birth certificates.
  • Current and former foster youth in their Project Foster Power program advocate to improve the child welfare and foster care systems through policy advocacy.
  • Their Trauma-informed Bloom Yoga program helps kids process and heal from their trauma.

The Children’s Law Center relies heavily on donations to continue providing compassionate legal advocacy to children who have experienced abuse, neglect or trauma. Their annual operating expenses total over one million dollars per year. Please make a gift to the Children’s Law Center on Colorado Gives Day by clicking here or any day by filling out the form on this webpage.

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

Colorado Gives: CBA CLE Legal Connection will be focusing on several Colorado legal charities in the next few days to prepare for Colorado Gives Day, December 4, 2018. These charities, and many, many others, greatly appreciate your donations of time and money.

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

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

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

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

Please consider making a donation to RMIAN today to help us fulfill our values statement, “We believe that justice for immigrants means justice for all.” Donations may be mailed directly to RMIAN at 3489 West 72nd Avenue, Suite 211, Westminster, CO 80030, or via RMIAN’s website at www.rmian.org. RMIAN is participating in Colorado Gives Day on Tuesday, December 4, 2018.

Colorado Gives: Disability Law Colorado Empowers Individuals and Recognizes the Inherent Value of All People

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 4, 2018. 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: DU’s Tribal Wills Project Needs Volunteers and Donations

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 4, 2018. 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, South Dakota, and 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 2019, 24 students and 7 supervising attorneys will travel to Tohono O’odham Reservation, near Tucson, Arizona. The Tohono O’odham Reservation is partially in the United States and partially in Mexico. At the invitation of various tribes, TWP has now been to six states: Arizona, Colorado, Montana, New Mexico, South Dakota, and Utah.

It costs approximately $15,000 to fund each trip, which is funded entirely by donations. Through your donations, you can ensure that no student is prevented from participating in this wonderful educational experience because of finances.

TWP is also 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.

Happy Thanksgiving from CBA-CLE!

We at CBA-CLE would like to wish you a very happy Thanksgiving!

In honor of the holiday, our offices will close at 3 p.m. today. We will reopen at 8 a.m. Monday morning. You can still order books, register for seminars, and order homestudies on our website, cle.cobar.org.

Happy Thanksgiving!

Herrick K. Lidstone, Jr., Esq. Receives Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award

Cathy Stricklin Krendl and Todd Olinger present Herrick Lidstone with “The Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award.”

The Business Law Section of the Colorado Bar Association recognizes that many of its members and other lawyers actively participate in the process of improving the business laws of the State of Colorado by working together to draft business legislation, help other lawyers understand and practice business law, and promote high standards of professionalism for and mutual respect among Colorado lawyers who practice business law. The Section recognizes that these lawyers have devoted many uncompensated hours and much thought participating in this process and believes that this participation, which has consistently been without regard to personal or client interests, has resulted in the improvement of Colorado business law and its practice by Colorado business lawyers.

The Section believes that it is appropriate to recognize some of the many Colorado lawyers who have participated in this process and has created an award known as “The Cathy Stricklin Krendl Business Lawyer Lifetime Achievement Award.” This award is given from time to time to persons selected by the Executive Council of the Section.

The Executive Council considers, among such other attributes as it may determine, the recipient’s intellectual and professional excellence in the practice of or scholarship on Colorado business law; the recipient’s generosity of spirit as reflected in the recipient’s participation in and contribution to the advancement of Colorado business law; the recipient’s efforts to enhance the general quality of business law practice by Colorado lawyers; and the recipient’s devotion to the principles of legal professionalism, all manifested consistently over years of endeavor.

On June 20, 2018, the Executive Council of the CBA Business Law Section considered several excellent nominations for the award and voted to recognize Herrick K. Lidstone, Jr. for his many years of furthering the development of practical, comprehensive and well-drafted business related legislation, for writing about and teaching Colorado business law and for his devotion to enduring principles of professionalism in his legal career.

Herrick K. Lidstone, Jr. was presented with the award at the 2018 Business Law Institute on September 12, 2018 in Denver.

Interview with Jason St. Julien: Former History Teacher, Current Assistant United States Attorney, Devoted Mentor

Editor’s Note: In honor of Black History Month, Mary Dilworth, CBA-CLE’s Marketing Manager, is conducting a series of interviews of some of our distinguished faculty and authors. Click here for the previous post.

Colorado Bar Association CLE (CBA-CLE) continues the interview series with some of our African-American faculty and authors. Our hope is that this series is able to inspire others by sharing the journey and achievements of these successful attorneys.

Jason St. Julien, a CBA-CLE faculty member, is a charismatic, engaging, and driven attorney who hails from St. Martinville, Louisiana. Currently an Assistant United States Attorney in Denver, he works in the Major Crimes Section of the Criminal Division. Prior to becoming an Assistant United States Attorney, Jason served as a Judicial Law Clerk to the Honorable Mary Ann Vial Lemmon, Senior Judge in the United States District Court for the Eastern District of Louisiana and the Honorable Wiley Y. Daniel, Senior Judge in the United States District Court for the District of Colorado.

Jason strives to affect positive change in the human condition each day. Prior to attending law school, Jason taught 7th Grade Reading and Texas History in Pearland, Texas where he was named New Teacher of the Year in Secondary Education. He continues his devotion to youth by serving as a mentor/facilitator with Denver Urban Scholars (formerly Colorado Youth at Risk). Jason is a graduate of the Urban Leadership Foundation of Colorado’s 2014 Chamber Connect Leadership Program and the Colorado Bar Association’s 2017 Leadership Training class. He is also the immediate past President of the Sam Cary Bar Association.

What inspired you to become an attorney? My cousin is a patent attorney in Houston, Texas. While I taught 7th grade in Pearland, a suburb of Houston, we discussed a possible career in law. I chose law school over pursuing a Ph.D. in psychology because I believed a J.D. would open more doors. My choice panned out well. Law brought me to Colorado in 2012 and my world is a bigger place because of my experiences here in Denver.

What do you enjoy about the practice of law? As a criminal prosecutor, I know that I affect positive change every day. I know with absolute certainty that what I do makes a difference in the lives of Colorado’s citizens. I have my hand on the pulse of something much greater than myself. For that, I am thankful.

What historical black figure do you admire? Harriet Tubman

What about someone from today who inspires you? President Obama

Favorite Book? The Alchemist by Paulo Coelho

Favorite Movie? Star Wars: A New Hope. Return of the Jedi is a close second.

What do you do in your spare time for fun (if there is any spare time!) I am on my Harley Davidson Road King any time the weather permits! I usually purchase a season ticket package for the Colorado Symphony and get out to listen to live jazz music. And there is never a bad time for a good book.

What advice would you give to new attorneys? Whatever you “think” is happening or going on, it is not that serious. Really, it’s not. Find your advancement in the advancement of others and you will become your firm’s most valuable asset.

Interview with Eric Nesbitt: Real Estate Attorney, CBA-CLE Board Member, Basketball Afficionado

Editor’s Note: In honor of Black History Month, we will be interviewing faculty and authors throughout February. Stay tuned each Wednesday for a new faculty/author profile.

By Mary Dilworth

Colorado Bar Association CLE (CBA-CLE) is providing an interview series with several of our African-American faculty and authors. Our hope is that this series is able to inspire others by sharing the journey and achievements of these successful attorneys.

Our first interview is with Eric Nesbitt, an active member of the Colorado Bar Association, a CBA-CLE board member and a talented member of the CBA-CLE faculty, who has spoken at several CLE conferences including the annual Real Estate Symposium and Business Law Institute.

Eric is the sole shareholder of the Law Offices of Eric L. Nesbitt, P.C., which focuses on real estate law matters (visit them online at NesbittLawOffices.com). He is also the owner of The Nesbitt Commercial Group, a commercial real estate brokerage firm affiliated with Keller Williams DTC. Originally from Chicago, Eric moved to Colorado in 1996 to become the General Counsel and Director of Business Affairs for USA Basketball, the governing body for the sport of basketball in the United States. In that position, he was the attorney for the 1996 and 2000 Men’s Olympic Basketball “Dream Teams.” He loved Colorado so much, he decided to make it his home.

What inspired you to become an attorney? I visited Los Angeles and Beverly Hills as a kid and was in awe of all of the big houses and abundance of wealth. I asked my parents what job could I get as an adult to get a big house, and they told me to consider becoming a doctor or a lawyer. I thought being a doctor would be too gory, so I set my aspirations to be a lawyer. In addition, as a kid I always saw lawyers on the CBS show “60 Minutes,” and it seemed like a cool profession.

What do you enjoy about the practice of law? I really like helping people. I receive genuine satisfaction when I meet with clients and I can solve their problems or address their legal needs. It’s a very uplifting feeling. I also appreciate how legal training has provided me with the flexibility to pursue other business interests, such as commercial real estate brokerage and athlete representation. Being a lawyer prepares you to do practically anything!

What black historical figure do you admire? Thurgood Marshall and Martin Luther King, Jr. are probably the black historical figures I admire the most.

What about someone from today who inspires you? Oprah Winfrey and President Obama are people who inspire me today.

Favorite Book? Why Should White Guys Have All the Fun, by Reginald Lewis.

Favorite Movie? The Godfather.

What do you do in your spare time for fun? What spare time? I like hanging out with my family, wining and dining my wife, and traveling when I can get away. I also try to fit in a round of golf in when I can.

What advice would you give to new attorneys? Work hard, develop relationships, and have fun when you can.

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.