January 2011 Boulder County Bar Foundation

BOULDER COUNTY BAR NEWSLETTER J A N U A R Y 2 0 1 1

LEGAL AID FOUNDATION OF COLORADO IS AN ORGANIZATION WORKING TO PROVIDE FREE CIVIL LEGAL ASSISTANCE TO LOW-INCOME FAMILIES, SENIOR CITIZENS, DISABLED PERSONS AND VICTIMS OF DOMESTIC VIOLENCE.

PREMIERE EVENT SPONSOR

YOUR FIRM OR COMPANY SPONSORSHIP IS NEEDED FOR THIS EVENT PLEASE CONACT THE BAR OFFICE FOR TAX-DEDUCTIBLE DONATION INFORMATION 303.440.4758

TABLE OF CONTENTS CALENDAR OF EVENTS 2 FOUNDATION FELLOWS 3 PRESIDENT’S PAGE 5 LAWYER ANNOUNCEMENTS 6 & 7 PRO BONO PAGE 9 CLASSIFIED ADS 11 CALENDAR OF EVENTS Pre-registration is required for all BCBA CLE programs. Register by e-mailing [email protected], or pay online with a credit card at www.boulder-bar.org/calendar. You will be charged for your lunch if you make a reservation and do not cancel prior to the CLE meeting. BCBA CLE’s cost for members is $20 per credit hour, $10 for New/Young lawyers practicing three years or less. $25 for non-members.

Tuesday, January 11 Tuesday, January 18 Thursday, January 20 Employment Law Paralegals and All Lawyers Bankruptcy Lunch and meeting Tax Issues for Employment Lawyers Casemaker: Making It Work For You Noon at Agave Presenter: Susan Lindley Presenter: Reba Nance Noon at Caplan and Earnest Noon at Caplan and Earnest Wednesday, January 26 1 CLE $20, $10 for new/young lawyers 1 CLE $20, $10 for new/young lawyers Taxation, Estate Planning and Probate Lunch $10 (turkey, veggie, beef or Lunch $10 The CLASS ACT: Community Living salad w/ or w/o meat) Assistance Services and Supports Wednesday, January 19 Presenter: Michael Bellmont Tuesday, January 11 Real Estate and Availability Noon at Hutchinson Black and Cook ADR of Legal Services 1 CLE $20, $10 for new/young lawyers Mediation in Small Claims Court Housing Warranty of Habitability Lunch $10 (turkey, veggie, beef or Noon brownbag at Boulder County Presenter: Bruce Wiener salad w/ or w/o meat) Justice Center Courtroom D Noon at Caplan and Earnest 1 CLE $20, $10 for new/young lawyers 1 CLE $20, $10 for Young lawyers Lunch $10(turkey, veggie, beef or salad Wednesday, January 26 Wednersday, January 12 w/ or w/o meat) Young Lawyers Solo/Small Firm Happy Hour Trial Skills: Persuasion: Opening 5 PM at The Rib House, 13th & Walnut Wednesday, January 19 Statement and Closing Argument Family Law Presenter: Professor Pat Furman Thursday, January 13 Wills and Estates Issues in Family Law Noon – 1:30 at Boulder County Justice Intellectual Property Presenters: Russell and Scott Osgood Center, Courtroom TBA Open Source Software: Your Client is Noon brownbag at Boulder County 2 general CLE’s free to those judging Using It, Now What? Justice Center Courtroom B High School Mock Trials, lunch free Presenter: Jilayne Lovejoy 1 CLE $20, $10 new/young lawyers For those not judging, Noon at Hutchinson Black and Cook $40 for seniors, $20 for new/young 1 CLE $20, $10 for new/young lawyers Wednesday, January 19 lawyers, Lunch $10 Lunch $10(turkey, veggie, beef or salad Co-Chairs Mid-Year Meeting w/ or w/o meat) 4 PM at Caplan and Earnest Happy hour follows

Friday, Janauary 14 Wednesday, January 19 Availability of Legal Services Young Lawyer Happy Hour Noon brownbag at Boulder County 5:30 at The Med Legal Services in Louisville Complex Estates

David A. Perlick

Coordinated Planning Wills • Trusts • Probate Business Interests Real Estate Holdings

We welcome referrals and co-counsel opportunities We Complete the Puzzle

303.449.6543 | [email protected]

2 JANUARY 2011 BOULDER COUNTY BAR FOUNDATION

The Boulder County Bar Foundation is the charitable arm of the bar association. The individuals listed below have made a financial commitment of $1000 for ten years to support the work of the Foundation which supports a variety of organi- zations and worthwhile projects through grants. Many of the Fellows have continued their financial commitment to the Foundation top become Sustaining Life and Life Benefactors Fellows. All members of the Boulder County Bar Association owe them a debt of gratitude for their support of the legal profession and the adminstration of justice in Boulder County.

Recent grant recipients are: BCBA Law and Justice Program, Center for Persons with Disabilities, Boulder County Legal Services , Boulder High School Mock Trial Program, Peak to Peak High School Mock Trial Program, Immigrant Legal Center of Boulder County, Native American Rights Foundation, St. Vrain Parenting Center, Voices for Children, The Carriage House, CU Law School Loan Assistance Program, VORP, YWCA divorce and co-parenting programs.

You can be a Foundation Fellow by making a pledge today. We will welcome the new 2011 Fellows at our annual lunch meeting on Wednesday February 23. Please contact Christine at 303.440.4758

William Ahlstrand ** Eve Canfield Anton Dworak David B. Harrison** Judy LaBuda Mary Ellen Amaral Joel Cantrick** G. Lane Earnest ** David Hill Thomas Lamm Karl Anuta Gerald Caplan*** Peter Enichen* Denean Hill Mark Langston Christopher Archer Julie Caputo Michael Enwall Kurt Hofgard Jeffrey D. Larson David Archuleta James Carpenter** Hilary Escajeda John Holloway Conrad Lattes Kathleen Archuleta Jim R. Carrigan ** Renee Ezer Thomas Howard Rachael Lattimer Jon Banashek Sheila Carrigan ** Bruce Fest ** Larry Hoyt John Layman* Robbie M. Barr Mark Carson*** Christina Fiflis Kimberly Hult Andrew R. Lee Ruth Becker* Jessica Catlin Sonny Flowers David Hughes Larry Lee Thomas Beckmann Adam Chase Christopher Ford Donald Humphrey** Christopher Leh Patricia Bellac Virginia Chavez Lenore Fox** Maki Iatridis Edward Lehman** Paul Beneditti* David Cheval** Kathleen Franco Richard D. Irvin** Tom Leland Seth Benezra Byron Chrisman ** Oliver Frascona Kathleen Ives Richard Levy* William E. Benjamin Douglas L. Joe French Steve Jacobson Richard Lirtzman** Gary Berg Christman Alan Friedberg ** Steve Jeffers Noel Lindenmuth George V. Berg James Christoph ** Leonard Frieling Jack Jevans** Eric Love Daniel F. Bernard ** Homer Clark Jr. ** Melody Fuller** Stan Johnson William Love ** Howard Bernstein Steve Clymer H. Patrick Furman * Dale Johnson* Mark Lowenstein Paul Bierbaum** Christine Coates ** Dale Gaar Elaine Johnson** Richard Lyons ** Lynn Bird ** Michael Cohen John Gaddis** Gail Johnson Shayne Madsen Howard Bittman Neal Cohen Tracy Gann George Johnson Joel Maguire Stanley Black ** James A. Cooke * Alexander Garlin Winthrop Johnson* D. D. Mallard** Jonathan Boonin Linda Cooke Kathleen Gebhardt Renita Jolley Gilbert Marchand Jim Brantz Robert Cooper** David Gehr Bruce Joss Don Margolis * Christopher Brauchli** Joseph Cope David Getches** Ronald Jung** James G. Martin Steve Briggs Howard Current Carol Glassman Jeff Kahn** E. Gregory Martin ** George Browning Kenneth Curtis Robert Golten Richard L. Kalar Bob Mathews Susan Bryant Richard Dana ** Peggy Goodbody Daniel Kapsak ** Jennifer McCallum James Buchanan ** Carmen Danielson Jonathan Goodman Melinda Kassen Kevin McDowell Richard Bump* Joel Davis ** Donald Goulart Edward Kellenberger Richard McLean ** W. Cotton Burden Dorothy Dean** Cameron Grant Cynthia Kennedy ** Karen McMurray Karen A. Burns Glenn DeAtley Wallace Grant*** Neil King ** John Mehaffy* Paul Bursiek * Bruce Dierking William Gray** Homer Knearl Shelly Merritt Marie Bush Peter Dietze ** Toni Gray Julia Knearl John Metcalf Stephen Bushong Mike Dominick Daniel Hale** Jon Kottke Elizabeth Meyer Mike Bynum ** David Driscoll ** Bradley Hall Bill Kowalski William Meyer** Anne Byrne* Frank Dubofsky Earl Hancock ** Glen Krahenbuhl Steve Meyrich Ed Byrne Jean Dubofsky Natalie Hanlon-Leh Karl Kumli Clifford Calhoun ** Lynn Kuykendall** (continued on page 4)

JANUARY 2011 3 BOULDER COUNTY BAR FOUNDATION (continued from page 3)

John Wayne Miller* John Purvis ** Gerald Sloat ** George Williams Robert B. Miller Leslie Ranninger Paul Smith Steve Wills A. J. Mills, Jr. ** Timothy Rastello Paul Snyder David Wilson Mike Miner Leslie Reed Judy Bradshaw-Snyder Jim Windholz Cynthia A. Mitchell Michael Repucci David Sonnesyn John Wittemyer ** James Montgomery ** Murray Richtel Andrew Spiegel Ruth Wright Laura Moore Joe Riddle ** Martin Steinberg Thomas Wood Kathleen Morgan Martha Ridgway Edie Stevens Charles Woodruff Raphael Moses ** Marshall Riggs ** Norton Steuben Marsha Yeager * Casey Mulligan Pete Rogers** Sharon Svendsen** Jill Zender Mary Claire Mulligan William Rogers Steve Taffet* Chad Zito Ann Mygatt ** Richard Romeo ** Leonard Tanis Keith Zook ** Darren Nadel Michael Ruderman Deborah Taussig Rich Nehls ** Giovanni Ruscitti John Taussig III * Life Fellows William Neighbors *** Barre Sakol Todd Tengy ** Sustaining Life Fellows Randolph Nicholson Rick Samson Michael Thomson *** Life Benefactor Fellows Joan Norman** Bruce Sarbaugh David Thrower Keith Olivia Barry Satlow * Scott Tippett Russell Osgood** Chuck Saxton Helen Towlerton Scott Osgood Sally Schneider John Tracy Gary Palumbo ** Robert Schuetze ** William Trine *** Scott Patten Georgiana Scott Cameron Tyler ** David Perlick Stephanie Selden Daniel Vigil Court Peterson ** Mark Shapiro Star Waring Mike Pipis Andrew Shoemaker Bruce Warren Bill Pizzi Andrew Simpson ** Stanlee West-Watt Glenn Porzak ** Chuck Sisk Gwyn Whalen

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4 JANUARY 2011 PRESIDENT’S PAGE BY RICH IRVIN

of skill, not the client’s actions, which A lawyer has to be very careful in not lead to unfavorable consequences to setting unrealistic expectations. A the client. lawyer might have said one thing but the client heard something else. Clients are not totally at fault in Both could be given a polygraph and believing that their attorney has a both could pass. I have seen too magic wand that can make black into many defendants being led out of white. Sometimes the lawyer has court by the sheriff who seemed sur- said what the client wants to hear. prised. This happens in every kind When a lawyer first meets with a of case in which the outcome is client, he or she has to be very care- uncertain, criminal, civil, domestic. ful in setting the expectations of the In such ways a Max Cady is born, client. The client, unless they are bitter because his expectations were very sophisticated (this does not not fulfilled. I have always been apply in a strictly business relation- careful to not paint too rosy of a pic- ship or in legal transactions such as ture. Telling somebody something wills.) is a vulnerable stranger in a they want to hear only creates bitter- strange land. He doesn’t know the ly disappointed, angry clients. It’s “I am Max Cady You don’t remem- lingo or process. He relies on the better not be hired than to be resent- ber me but I remember you.” attorney to guide and protect him ed later because of the result. from fearsome consequences. This was said during the first but not (continued on page 8) the last encounter between Max Cady and Sam Bowden. Max Cady had just gotten out of prison and came to the small southern city, probably Wilmington, North Carolina, where Sam Bowden now practices law.

My movie this month, “Cape Fear,” examines lawyer-client relations. In “Cape Fear” Max Cady has an issue with his attorney Sam Bowden. He has a dispute with Bowden’s prior representation which sent him to prison. Rather than file a formal complaint, Cady personally takes revenge on his ex-attorney. This sets up a climatic confrontation between Cady and Bowden on a houseboat on the Cape Fear River. This is not how we as lawyers want disputes with clients to be resolved. Sam Bowden wants to resolve his dispute in a civil manner, but Max Cady has another agenda.

Attorneys are often looked on with suspicion by their clients. Somehow it’s always the attorney’s fault or lack

JANUARY 2011 5 LAWYER ANNOUNCEMENTS

CHRISTIE COATES IS Volunteers are needed TAKING A SABBATICAL. to help score and judge the Boulder County I’m excited to announce that I’m closingmy High School Mock Trials office as of February 28, 2011 and will be taking a 6-month “semi” sabbatical from the private practice of ADR. Friday, Feb. 11 at 3:30 PM I will continue to provide court-ordered mediation services in domestic cases in Boulder as Saturday, Feb. 12 at I have for over 26 years, but now through 8:30 AM 10:45 and 1 PM the Office of Dispute Resolution - providing the same experienced and thoughtful mediation at a greatly reduced cost for your clients. The trials will be held at the Boulder County Justice Center and will last about To schedule mediations through ODR, contact the 2.5 hours each. scheduler through [email protected] or schedule online at the Colorado State Judicial website: PLEASE call or email http://www.courts.state.co.us/Administration 303.440.4758 /Custom.cfm/Unit/odr/Page_ID/224 [email protected] My phone number remains 303.443.8524.

COOPER, TANIS & COHEN, P.C. David A. Perlick Is Pleased to Announce that is pleased Joyce M. Bergmann, Esq. to announce Has Joined the Firm as Of Counsel the formation of 42 Garden Center Broomfield, Colorado 80020 Phone: (303) 465-4605 Coordinated Planning Fax: (303) 460-8957 Wills • Trusts • Probate E-mail: [email protected] Business Interests Real Estate Holdings Ms. Bergmann’s Practice Will Continue to Emphasize 885 Arapahoe Avenue Real Estate Law Boulder, CO 80302 303-449-6543

6 LAWYER ANNOUNCEMENTS

is pleased to announce that

CATHERINE A. TALLERICO Robinson Tweedy, PC is pleased

has become a shareholder in the firm. to announce that Ms. Tallerico’s practice will continue to emphasize Employment and Education Law, Local Government Matters and Commercial Litigation Christopher Y. Bosch

has joined the firm as an associate attorney.

1136 Pearl Street, Suite 202, Boulder, CO 80302 303.939.9794 [email protected] 515 Kimbark Street • Second Floor P.O. Box 978, Longmont, Colorado 80502-0978 www.rt-law.com 303-776-9900 • Facsimile 303-776-9100 www.lgkhlaw.com

JUDSON C. HITE ATTORNEY, P.C.

Is Pleased to Announce Has Re-Relocated: 900 Pearl Street, Suite 350 Maureen E. Eldredge Boulder, Colorado 80302

Has Become a Member of the Firm With Additional Offices: 275 South Main, Suite 201 January 1, 2011 Longmont, Colorado 80503

921 Walnut Street | Suite 200 | Boulder, CO 80302 Telephone: 303.938.1231 Telephone 303.442.6514 | Fax 303.442.6593 [email protected] www.hbcboulder.com Continuing to focus on real estate, corporate, land use, and civil litigation with licenses in Colorado and Illinois

7 PRESIDENT’S PAGE (continued from page 5)

Often lawyers forget that we are In the early American Republic there Unfortunately many people have dealing with people. Unfortunately were complaints about the legal sys- always (and still to this day) see we are viewed as setting up a legal tem and how lawyers just enriched lawyers as setting up a maze that system that is incomprehensible to themselves at the expense of the peo- only the lawyers can negotiate. Our ordinary people. This is a not a new ple. “Lawyers and men of learning job as lawyers is to demystify the sys- phenomenon. Shakespeare is replete and money men, that talk finely, and tem to show why it exists for the peo- with complaints about lawyers. gloss over matters so smoothly.” In ple (clients) not for the benefit of the “First let’s kill all the lawyers” the 1790’s it was said “Lawyers…have lawyer. We are not part of a mystical (Henry IV). We of course know that wooled up the practices of the law in system. We must be as fellow travel- they wanted to get rid of the lawyers such a heap of formality on purpose ers in this world and show empathy who were obstacles to their plot for so that we can not see through their that the profession exists for the ben- illegal usurpation of power. They entitlement to oblige us to employ efit of the citizenry. The law provides wanted lawyers gone because they them to untangle them, and if we go rules which we as lawyers use to help could call them on their illegal pur- to them for advice they will not say a people settle disputes, engage in suit. word without five dollars.” commerce and importantly protect Democratic Republicans of New York them from society. (I have no idea what $5 in the 1790 is worth now, but it’s not insubstantial.) We are not priests, we are tradesmen. When we act like priests, where only we know the rites, we bring Max Cady on ourselves. It has always been instructive to me that Otto Bismarck, the father of the Iron Chancellor, was devastated that Bismarck obtained a law degree. He father noted that Bismarck would now have to come through the back door with the tradesmen not through the front door like a gentleman.

It is important to keep things in per- spective. We do important work, but ultimately we work for people. We must treat clients not as supplicants, on whom we bestow our favors, but as our employers.

Perceptions of lawyers haven’t changed for years and they won’t change next week. As Rumpole points out, people won’t invite us to dinner until they need us, like a plumber or a carpenter. We just have to live with it and treat each client as an individual. So even if a client is disappointed in a result maybe he/she won’t blame the lawyer, and maybe Max Cady won’t seek physi- cal vengeance against Sam Bowden. (He always will anyways because he is crazy.) (continued on page 10)

8 JANUARY 2011 PRO BONO PAGE

Pro Bono Referrals Mediators Eleven cases were referred dur- Pro Bono Corner ing November. Thank you to The following mediators accept- the following attorneys: ed a pro bono case in Interested in a Pro Bono case? November. Please call Erika at 303-449- Howard Bernstein 2197. CLE credits available for Elizabeth Brodsky Mike Ruderman pro bono service. Susan Bryant Daniel Flynn Peggy Goodbody BCAP Volunteers Wallace Grant Ruth Irvin Thank you to the following Keith Moskowitz attorneys who accepted pro Craig Small bono referrals for the Boulder County AIDS Project in Pro Se Program Volunteers November. Elizabeth Brodsky M.L. Edwards Christina Ebner Tucker Katz Paul Bierbaum Leonard Tanis

Boulder County Bar Association Over Fourteen Years of Experience with Professionalism Committee • Mediation On-Call Schedule • Arbitration • Settlement Conference Services

Also accepting referrals for personal Jan. 3 Helen Stone 303.442.0802 injury civil and criminal litigation. Jan. 10 Curt Rautenstraus 303.666.8576 Past President of Colorado Trial Lawyers and Boulder Jan. 17 Bruce Fest 303.494.5600 County Bar Association; Colorado Super Lawyer 2007-2010

Jan. 24 Trip DeMuth 303.447.7775 Jim Christoph, JD

Jan. 31 Lee Strickler 303.443.6690 303.381.2560 [email protected]

JANUARY 2011 9 PRESIDENT’S PAGE (continued from page 8)

See Cape Fear if you want a good thrill about client-attorney relation- ships. OPPORTUNITY P.S. There are two versions. The 1991 version stars Robert DeNiro and Established, diverse 12 lawyer Nick Nolte. The 1968 film stars Boulder firm Gregory Peck and Robert Mitchum. The 1991 version is scarier of the two, seeks experienced business Christine is still frightened, and Nick oriented/transactional/IP/startups Nolte is a more than flawed attorney. attorney (s) with client base to join Gregory Peck plays another side of us to service our clients needs in these Atticus Finch in the earlier version; ; areas and to allow us to fulfill litigation Robert Mitchum is evil and scary. and other client legal needs in of counsel, special counsel, employee, or merged role.

Please send resume to [email protected]

10 JANUARY 2011 CLASSIFIED ADS

Diverse 12 attorney Boulder firm seeks LEGAL ASSISTANT CONTRACT ATTORNEY. LEGAL high quality associate with top academic Small downtown Boulder law firm seeks inde- RESEARCH AND \WRITING. 18 years expe- credentials. Areas of practice include: busi- pendent, inquisitive thinker as an assistant. rience researching and writing appellate briefs ness litigation, family law, business and real Must be organized and detail-oriented. in over 100 appeals in civil and criminal cases. estate transactions, probate. Ideal candi- Computer aptitude necessary; tasks include Very reasonable. Please call: 720-938-6195 or date must have experience in one or more of electronic document database management and e-mail [email protected]. foregoing, sense of humor, thick skin, cre- may include updating website and distributing ativity and ability to work independently e-newsletter. Other duties relate to office orga- Office space - West Boulder - PERFECT and in a team. Please send resume to: nization and assistance to attorneys: filing, LOCATION. 2 blocks from Justice Center, 2 [email protected] answering telephones, light word processing, blocks from Pearl Street Mall. 4 offices (3 attor- running errands, and other miscellaneous pro- neys) in converted house, quiet neighborhood. S. BOULDER OFFICE W/SUITE OF FIVE jects. Duties will expand as firm grows. 225 square feet, separate entrance. PRACTITIONERS. Located at South Previous law firm experience preferred; will- $1250 monthly rent includes full-time secre- Boulder Road and the Turnpike. ingness to learn a must. Salary: dependent on tary/receptionist, off-street parking, utilities, Convenient access to Boulder, Denver, experience. Send resume to boulderlaw- phone, fax, printer, copier and small kitchen. Longmont, Louisville, and east county. [email protected] Opportunity to purchase ownership interest. Free parking, two conference rooms, rent Call 303/442-4499.] includes utilities, janitorial, & various MOBILE NOTARY AND CONTRACT amenities. One to three offices plus secre- PARALEGAL SERVICES. Civil Litigation. SHARE SPACE AND OVERHEAD WITH tarial stations available, in any combination. ADC/CJA. Real estate transaction. Roz Lynn SOLO PRACTITIONER IN GREAT LOCA- Call Steve Cook or staff 303.543.1000 Dorf, M.A. 303.494.6935. TION: Located at 17th and Main in the First Bank Financial Tower in Longmont. Fully fur- ONE OFFICE AVAILABLE IN FRESHLY BILLING: Experienced and affordable free- nished corner office. Internet and telephone REMODELED OFFICE BUILDING NEAR lance legal billing available for small firms/sole provided. Use of conference room. Possible THE PEARL STREET MALL. Reception, practitioners. secretarial station. Tons of free parking. Ted parking space for each office, shared confer- Heather at 303.775.0277 or Alexis at (303) 837-9600. ence and available copier. Call Tonia @ 303- [email protected] 440-1979. www. frontrangebilling.com

Grade A Office Space on the Pearl Street Mall Available

If you’re ready to upgrade, give us a call! Conference room, reception area, kitchenette, private bathroom with shower, copy room, support staff space, and luxurious offices. Three-lawyer firm preferred, although we can accommodate a two-lawyer firm and/or solo practitioners.

Please contact Amy at McCormick & Kennedy PC, 303.402.0222 or [email protected]

JANUARY 2011 11 Boulder County Bar Association 1942 Broadway, Suite 205 Boulder, Colorado 80302

THE BOULDER COUNTY BAR ASSOCIATION NEWSLETTER IS PUBLISHED MONTHLY BY THE Return Service Requested BOULDER COUNTY BAR ASSOCIATION. ARTICLES BY GUEST LAWYERS MAY NOT BE REPRODUCED WITHOUT PERMISSION FROM THE AUTHORS.

Phone: 303.440.4758 1942 Broadway, Suite 205 Boulder, CO 80302 E-mail: [email protected] www.boulder-bar.org

Executive Director and Newsletter Editor ...... Christine Hylbert Executive Assistant ...... Lynne Barnett Editorial Assistance ...... Barry