APRIL 2021 | PUBLISHED BY THE COLORADO BAR ASSOCIATION TABLE OF CONTENTS April | Vol. 50, No. 4 | www.cobar.org COLORADO LAWYER, THE OFFICIAL PUBLICATION OF THE COLORADO BAR ASSOCIATION, SERVES AS EDITORIAL OFFICES AN INFORMATIONAL AND EDUCATIONAL RESOURCE TO IMPROVE THE PRACTICE OF LAW. 1290 Broadway, Ste. 1700 Denver, CO 80203 cl.cobar.org Susie Klein, Managing Editor (303) 907-1828, [email protected] Jodi Jennings, Legal Editor (303) 824-5326, [email protected] Kate Schuster, Graphic Designer (303) 824-5312, [email protected] ADVERTISING Jessica Espinoza-Murillo [email protected] MEMBERSHIP SERVICES/ ADDRESS CHANGES Teri Roberts, Membership Services Coordinator (303) 824-5376, [email protected] COLORADO LAWYER BOARD Chris Levkulich, Chair Denver—(303) 861-4154 [email protected] Kathryn Starnella, Immediate Past Chair Denver—(303) 813-6539 e Attorney [email protected] Joseph G. Michaels, Chair-Elect Denver—(720) 508-6460 Work Product [email protected] Lindsay J. Miller, Secretary Castle Rock—(303) 688-3045 Doctrine miller@ colorado.com Damian J. Arguello PAGE Broom eld—(303) 427-2454 30 [email protected] John Hiski Ridge Fort Collins—(206) 919-6708 [email protected] FEATURES Keith M. Olivia Boulder—(720) 310-7760 [email protected] ALTERNATIVE DISPUTE RESOLUTION REAL ESTATE LAW Joel M. Pratt From Gladiators to Counselors In “Case” You Missed It Colorado Springs—(719) 473-0884 [email protected] The Mediator’s Role in Encouraging Recent Real Estate Case Law Highlights Jennifer Seidman Attorneys to Problem-Solve by Lindsay J. Miller, Nathan G. Osborn, and Paul Englewood—(303) 792-5595 by Wesley Parks Sachs [email protected] PAGE 22 PAGE 36 Patrick R. iessen Arvada—(303) 420-1234 [email protected] THE CIVIL LITIGATOR WORKERS’ COMPENSATION LAW Jami Vigil Colorado Springs—(719) 452-5400 The Attorney Work Product Doctrine The Game of Liens [email protected] Untangling the Statutory Lien Scheme in Its History and Application Juan G. Villaseñor by Franz Hardy and Greg S. Hearing Colorado Workers’ Compensation Cases Fort Collins—(970) 672-7498 [email protected] PAGE 30 by Joseph W. Gren and Emily M. Miller Amy Larson PAGE 48 CBA Executive Director and CEO ON THE COVER: This photo of Lone Eagle Peak towering above Mirror Lake was taken by Reid Neureiter in August 2020. Named in honor of pilot Charles Lindbergh, Lone Eagle Peak is in the Indian Peaks Wilderness on the west side of the Continental Divide. The base of the 11,919-foot peak can be reached via an 8-mile hike (16-mile round trip) starting at Monarch Lake, just east of Lake Granby in Grand County. Reid Neureiter has served as a US magistrate judge for the District of Colorado since August 2018. APRIL 2021 | COLORADO LAWYER | 1 Untitled-2 1 11/30/20 5:56 PM Untitled-2 1 11/30/20 5:56 PM TABLE OF CONTENTS April | Vol. 50, No. 4 | www.cobar.org COLORADO LAWYER, THE OFFICIAL PUBLICATION OF THE COLORADO BAR ASSOCIATION, SERVES AS EDITORIAL OFFICES AN INFORMATIONAL AND EDUCATIONAL RESOURCE TO IMPROVE THE PRACTICE OF LAW. 1290 Broadway, Ste. 1700 Denver, CO 80203 cl.cobar.org Susie Klein, Managing Editor (303) 907-1828, [email protected] Jodi Jennings, Legal Editor (303) 824-5326, [email protected] Kate Schuster, Graphic Designer (303) 824-5312, [email protected] ADVERTISING Jessica Espinoza-Murillo [email protected] MEMBERSHIP SERVICES/ ADDRESS CHANGES Teri Roberts, Membership Services Coordinator (303) 824-5376, [email protected] COLORADO LAWYER BOARD Chris Levkulich, Chair Denver—(303) 861-4154 [email protected] Kathryn Starnella, Immediate Past Chair Denver—(303) 813-6539 e Attorney [email protected] Joseph G. Michaels, Chair-Elect Denver—(720) 508-6460 Work Product [email protected] Lindsay J. Miller, Secretary Castle Rock—(303) 688-3045 Doctrine miller@ colorado.com Damian J. Arguello PAGE Broom eld—(303) 427-2454 30 [email protected] John Hiski Ridge Fort Collins—(206) 919-6708 [email protected] FEATURES Keith M. Olivia Boulder—(720) 310-7760 [email protected] ALTERNATIVE DISPUTE RESOLUTION REAL ESTATE LAW Joel M. Pratt From Gladiators to Counselors In “Case” You Missed It Colorado Springs—(719) 473-0884 [email protected] The Mediator’s Role in Encouraging Recent Real Estate Case Law Highlights Jennifer Seidman Attorneys to Problem-Solve by Lindsay J. Miller, Nathan G. Osborn, and Paul Englewood—(303) 792-5595 by Wesley Parks Sachs [email protected] PAGE 22 PAGE 36 Patrick R. iessen Arvada—(303) 420-1234 [email protected] THE CIVIL LITIGATOR WORKERS’ COMPENSATION LAW Jami Vigil Colorado Springs—(719) 452-5400 The Attorney Work Product Doctrine The Game of Liens [email protected] Untangling the Statutory Lien Scheme in Its History and Application Juan G. Villaseñor by Franz Hardy and Greg S. Hearing Colorado Workers’ Compensation Cases Fort Collins—(970) 672-7498 [email protected] PAGE 30 by Joseph W. Gren and Emily M. Miller Amy Larson PAGE 48 CBA Executive Director and CEO ON THE COVER: This photo of Lone Eagle Peak towering above Mirror Lake was taken by Reid Neureiter in August 2020. Named in honor of pilot Charles Lindbergh, Lone Eagle Peak is in the Indian Peaks Wilderness on the west side of the Continental Divide. The base of the 11,919-foot peak can be reached via an 8-mile hike (16-mile round trip) starting at Monarch Lake, just east of Lake Granby in Grand County. Reid Neureiter has served as a US magistrate judge for the District of Colorado since August 2018. APRIL 2021 | COLORADO LAWYER | 1 Untitled-2 1 11/30/20 5:56 PM Untitled-2 1 11/30/20 5:56 PM WELCOME FROM THE COURTS CONSTRUCTION DEFECTS? 4 President’s Message 76 Colorado Supreme Court O ce of Leading, and Living, with Gratitude Attorney Regulation Counsel by Jessica Brown Disciplinary Case Summaries for Matters Resulting in Diversion and Private 10 Mailbag BURGSIMPSON.com Admonition From Our Readers Executive Council 80 O ce of the Presiding OFFICERS DEPARTMENTS Disciplinary Judge Jessica Brown President 12 The SideBar Disciplinary Case Summaries Joi Kush What Took So Long? 84 US Court of Appeals for the President-Elect by Mark Levy Tenth Circuit Kathleen Hearn Croshal 14 Judges’ Corner Summaries of Selected Opinions Immediate Past President Judicial O cers and Self-Represented 88 Colorado Court of Appeals Ryann Peyton CALL COLORADO’S LEADING Litigants: Tools for Working Together Summaries of Published Opinions Vice President by Nina Y. Wang, Adam J. Espinosa, and First Region CONSTRUCTION DEFECT FIRM Kelley R. Southerland, with contributions 96 Colorado Supreme Court Adam Hepp by Michael Houlberg Summaries of Published Opinions Vice President Second Region 18 Wellness Judson Hite ALSO IN THIS ISSUE • 25 years of Success in The Pursuit of Attorney Well-Being: Senior Vice President ird Region How Organizations Can Ethically Assist 98 Attention Photographers Construction Defect Cases Attorneys with Mental Health and Kyle Aber 100 Membership Perks Vice President Substance Abuse Issues Fourth Region by David P. Hersh 102 Writing for Colorado Lawyer Keith Vance • Over Half a Billion in Vice President AROUND THE BAR UNDER OATH Fifth Region 58 Bar News Leslie German Recoveries for Homeowners 104 Member Spotlight News From the CBA, Vice President Sixth Region Local Bars, and More Leslee Balten by Jessica Espinoza-Murillo • A Team of Attorneys Dedicated to Vice President Seventh Region 60 Bar News Highlight Construction Defect Litigation COVID and the Courts: A Look at Boulder COUNCIL MEMBERS County’s Response to the Pandemic Tyrone Glover • by Laurence “Trip” W. DeMuth III DBA President Authored Residential 64 Lawyers’ Announcements Spencer Rubin CBA YLD Chair Construction Law in 73 In Memoriam Zaki Robbins Diversity Bar Representative Edwin Felter Colorado, 6th Ed. Section Representative Robin Rossenfeld Section Representative Bonnie Schriner Section Representative Kevin Cheney At Large Member Amanda Hopkins For more information: Call Co-Practice Group Leaders, Craig S. Nuss and Mari K. 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