1 Magazine of the El Paso County Bar Association Official Publication of the El Paso County Bar Association Pikes Peak Lawyer Pikes Peak Lawyer MAY 2015 AUGUST 2015 INSIDE THIS EDITION: Fraudulent Transfers Book Review EPCBA Board Nominee Bios Save the Dates INSIDE
2 2 ERIC V. HALL, ESQ. MESSAGE FROM THE PRESIDENT A Toast to Great Lawyers In the same year, two different aunts, independently of each other, both gave my children the book Do Hard Things: A Teenage Rebellion Against Low Expectations. As the title suggests, it is a book meant to inspire teenagers to work hard and aim high. I have not read it, but I have paged through it and applaud the sentiment. My teenagers tell me it s good, which is high praise for a book with such ambitions for that particular audience. It reminds me of one of my favorite speeches by one of my favorite presidents: In Praise of the Strenuous Life by Theodore Roosevelt. Roosevelt delivered it on April 10, 1899, in Chicago, a few months after he was inaugurated as the governor of New York. Just two and one-half years later William McKinley would be assassinated and then-vice President Roosevelt would become our 26th President at the age of 42. Roosevelt gets right to the point at the beginning of the speech, stating: I wish to preach not the doctrine of ignoble ease but the doctrine of the strenuous life; the life of toil and effort; of labor and strife; to preach that highest form of success which comes not to the man who desires mere easy peace but to the man who does not shrink from danger, from hardship, or from bitter toil, and who out of these wins the splendid ultimate triumph.... In his life, Roosevelt embodied these words. He was a sickly boy with asthma, but his father challenged him to make [his] body through hard physical exercise and Roosevelt eventually transcended his boyhood weaknesses to live one of the most vigorous, physical lives of any American public figure. When the Spanish-American War broke out in 1898, he resigned his post as Assistant Secretary of the Navy to gather and lead a cavalry regiment appropriately called the Rough Riders. In his Strenuous Life speech of 1899, Roosevelt looked forward, reflecting on how [t]he twentieth century looms before us.... But he also looked back to Abraham Lincoln, Ulysses S. Grant, and the immediately prior Civil War generation. He said, We of this generation do not have to face a task such as that our fathers faced, but we have our tasks, and woe to us if we fail to perform them! Then in perhaps the most well-known line from the speech, Roosevelt exhorts: Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much because they live in the gray twilight that knows neither victory nor defeat. Permit me to borrow these words as a toast to great lawyers. For great lawyers dare mighty things and live lives of toil and effort, seeking to win glorious triumphs even as their careers are inevitably checkered by failure. I raise my (now empty) glass of whiskey to those local lawyers who seek to emulate the giants of our tradition, like Lincoln, Daniel Webster, John Marshall, Thurgood Marshall, and Mohandas Gandhi. Our profession is a noble one, worth a life of studied devotion. I toast each one of you, whatever your legal practice, however long you ve been a lawyer. May each of you win the splendid ultimate triumph of a life s work well spent.
3 3 EL Paso County Bar Association s Summer Luau 2015
4 4 FROM THE EDITOR JOE CANNON When I was sworn in as the newly created division 9 District Judge there were 8 District Judges on the bench. Most were holdovers from the old election system abolished in the 60 s. Today we have 24 district court divisions. Judges chose their own staff of 3 who served at the pleasure of the judge. Then the population of Colorado was about 2.5 million while today we have a state population of 5.36 million. Judges were and are subject to judicial ethics standards and then later performance reviews by committee. All good ideas for judges that appear more isolated today than in Then a lawyer could walk down the back halls to chambers and easily speak with the judge or division clerk. Local Bar membership was about 100. No security system screened the entrance to the court house, a necessary factor in our current situation. I was reminded of these facts the other day when I attended the retirement party for Judge Iuppa and Judge Kennedy. It was great to see the new and old judges for the first time in a long time, together to send off the retirees. Chief Judge Martinez provided the connection between the judges who have served over the years and continue to serve the public. We wish them well and hope that the new judges will maintain the independence to protect the public interest and resist the aspects of homogenization that a large government organization often fosters. In its continuing efforts to provide legal services to the poor, the Colorado Supreme Court adopted Rule 204.6, the pro bono counsel rule. Under the rule regular registration fees are waived for retired or inactive attorneys who limit their practice to non-profit providers. The main beneficiary has been Colorado Legal Services. There these participating attorneys can represent indigent clients. Colorado was one of the first to take advantage of this reservoir of talent. Currently, 84 attorneys are practicing for the public good under this rule. Have some new ideas for the Pikes Peak Lawyer? Have an article you would like to publish that you think would be of interest to the Bar? Contact us, we encourage you participation. - Joe A. Cannon, District Judge ret, / Chair, ADR Committee, El Paso County Bar Association The EPCBA Donated 80 Books To Colorado Legal Services & Childrens Literacy Programs. We Appreciate Everyone Who Contributed!
5 BOOK REVIEW by Joe Cannon 5 FRAUDULENT TRANSFERS by Jim Flynn Local attorney and professional quality writer, Jim Flynn has penned the third in his series of novels featuring Jack McConnell, a small firm middle-aged lawyer, with a dog, a girl friend who works for the Federal Reserve and a fly rod. He receives a call from a local bank that has been caught in the middle of a successful fraud scheme to pass a fraudulent certified check. No big deal except the check is for $ 4.8 million. The book starts off with a few legal maneuvers to avoid the immediate bad consequences of a bank losing that amount of money. To avoid the delay and reduction of opportunity to recover the money before a criminal investigation and bank examiners are involved, Jack starts a private investigation to recover the money by turning to his somewhat shady investigator, Ed. Ed is a professional gambler with avenues of inquiry not usually available to government agents. Taking time from his gambling efforts, Ed follows back channels to find a character who used the name Salamante to victimize legitimate businessmen with the use of off-shore banks in the criminal business of cashier check fraud. His identity had been assumed by Mr. X to further the scheme by salting accounts to appear honest. Valid funds were used to purchase mutual funds and then fraudulently transferred to a bank in Miami and then out of the country. Mr. X had used time limited cash purchase cell phones and sites that quickly went up for his deceptions and the closed out at public internet sites. However, some contacts were directing Ed and Jack to California with possible connections to the Seattle and British Columbia. With some voice matches developed from Ed s contacts, three people were developing as possible suspects. The trail of Mr. X then leads to the Bay Area where McConnell and Ed assume new identities to find a man named Tomas Padilla whom Ed had identified as Mr. X eliminating the others from his search. Padilla s parents had emigrated from El Salvador and settled in Vancouver, B.C. Padilla had attended UCLA and after graduation worked for Bank of America. Ultimately, he stole large sums from his employer and absconded before he was arrested. Apparently through assuming various identities, he had avoided arrest. At a stakeout at one of the Bay ferry terminals Ed and Jack spot Padilla waiting for the arrival of the ferry from Tiburon. Padilla is identified by a scar on his cheek. The man he is meeting is just as furtive as Padilla, who is wearing a raincoat and umbrella obscuring his face. Jack was able to take a photo showing an exchange between the two, who then separated when leaving the terminal. With a wireless connection Ed was able to place a bug on the phone carried by Padilla. The device operates as a pin register listing the numbers on phone calls received and sent. Jack then returned to Colorado to await the next report on Ed s investigation in California and rekindle his romance with Veronica. Veronica had moved to Denver and is working at the FED. By doing so she had learned that protective codes used by the banks were changed weekly, leading the suspicion by Jack that the crooks had received inside information to process the bogus checks. With permission, Veronica secured a temporary assignment to the San Francisco FED office to investigate further with the permission of the FED legal department. Ed shortly reported that the PIN trace returned limited results since both the receiving calls and outgoing were related to expiring untraceable phone except one. Veronica determined that two the San Francisco FED Board live in the North Bay area and could have been on the ferry from Tiburon. Jack left a message with the new information for Ed to follow-up. After a hearing on another case dealing with suspect loan practices, Jack returned to find Ed had called with background information of the two FED suspects. The suspect list narrowed when Jack called the throwaway cell phone number while Veronica was interviewing William Pollard on the security aspects of banking transactions. The phone rang and Pollard did not answer it. Veronica returned to Pollard s office at the end of the Book Review Continued on Next Page
6 6 Book Review Continued from Previous Page day to check for other internet connections that might assist their blooming investigation. With Ed s guidance, Pollard is confronted with complicity in the scheme to defraud several banks. Faced with being turned over to federal authorities, Pollard agrees to co-operate in the hope of better treatment from legal authorities. With his help the trail leads to offshore banks in the Grand Caymans. Assuming new identities with the help of false passports, Jack and Vic present themselves as new prospects needing the services of a money laundering operation. With the help of a substantial deposit in a temporary account, they are able to entice the interest of a bank officer in the islands and effect a transfer of the lost money out of the control of the thieves through electronic connections. Shortly after leaving the bank in Grand Cayman, the transfer is discovered by the corrupt bank officer. A chase ensues on the island, with Vic and Jack head to the airport going through security for a flight out of the country and then accomplish a switchback heading into town. Ed had arranged a private pontoon plane to take them to Belize for a stay under their own names. Changing directions, the plane drops to a low level avoiding detection by flying below the radar the plane heads west. With their return to the US Jack resumes his practice, following up on another case the author has developed along with the primary story of the bank fraud. The author has structured the book to tell Jack s story as a practicing lawyer in Colorado Springs and develop the plot lines that make the conflicts in the book. At the same time Flynn has a skill in developing his love of outdoor Colorado. In a couple of short segments he describes his fishing adventures. An area that he clearly feels comfortable with relating and one that we as readers can only encourage stories in greater depth. After all, how far wrong can a guy with and fly rod and a dog go? - Joe Cannon About the Author Jim Flynn grew up in Omaha, Nebraska and received his law degree from Stanford Law School. In between the start and finish of law school, Jim served as an officer in the United States Navy, assigned to a branch of the Navy that specialized in electronic espionage. Jim began practicing law in Colorado Springs in 1974 and in 1992, he moved to a smaller firm--now known as Flynn Wright & Fredman. Although mostly retired since 2012 Jim has written a weekly column Money & the Law--for The Gazette for twenty-plus years. The column currently appears in the Sunday business section. WHO : Chip Mortimer (Office of Attorney Regulation) WHAT : Ethical Traps: Do s and Don ts WHEN : Wednesday 09/02/15 WHERE : Ritz Grill (downstairs in the "Elbow Room") 15 North Tejon Street, Colorado Springs, CO CLE : Applied for 1 Ethics CLE credit September 9, Meet the New CBA President Strategic Planning for the CBA and the Profession The Future is Now! Visit: for Registration Information
7 7 Attorney Mike Lassota enjoys a refreshing beverage after completing his task of nailing the exterior foam sheathing board to the wall sheathing. Attorney Dave Johnson is in the background. Attorney Dave Johnson and Attorney Jenni Helland bravely tackle the job of nailing shingles to a roof in the hot summer sun. Attorney Lisa Dailey carefully measures a piece of exterior foam sheathing board. Habitat for Humanity / EPCBA Over 45 members of the El Paso County Bar Association participated in the annual Building the Community event on July 31st 2015 and August 1st, The volunteers split up into morning/afternoon shifts between the two days. This was EPCBA s 11th year working with Habitat for Humanity in building affordable housing for those in need. Attorney Jack Donley and Karen Hartley (Senior Paralegal) ser ve homemade brisket and cornbread to the volunteers. Senior Paralegal Carrie Thomas (left) and Senior Paralegal Julie Jay set up the tent for some much needed shade during lunch. The Honorable Judge Prince (middle) puts the finishing touches on the gourmet BBQ lunch while the next crew of attorneys arrives for the afternoon session (background).
8 8 THE RECTOR SCALE TAKE IT TO FACEBOOK As you all well know, one way of making the practice of law seem more tolerable is to immerse yourself in stories from other attorneys about how lousy their cases are. You may recall that a few months ago I championed this method of attitude adjustment by urging you to talk to divorce attorneys who, owing to the peculiar melding of law and matrimony, have their own private hell in which to function. (By the way, did you notice that all the recent celebrity divorces since the date of that column Ben Affleck, Reba McIntyre, Blake Shelton, etc. have each adopted my Mutual Admiration Divorce system, where a divorce client issues public statements praising the person he or she is dumping? So there.) But for the non-domestic relations litigators, another reason that attorneys need to employ the survival theory of someone else has it worse than me is that in many instances, it is the client who runs the show, not you, and your better judgment to jettison the loser is often blunted by the need to just get paid. Take all the horrors that can cause an attorney to have suicide ideations missing a statute of limitations, being held in contempt by a judge, taking a pro bono case nothing is worse than accepting a dog case and having the client disregard your advice to boot. How to cope, you ask? Identify others who have even less control over their clients than you do, and appreciate how good you really have it. I mentioned this level of frustration to my brother Terry after a break from a recent deposition where my client was self-immolating, during which I coolly advised the person I represent to, ahem, Shut up! Just shut up! Terry said that the best way to get an emotional boost after a particularly depressing encounter with someone you represent is to find other lawyers whose inabilities to get clients to behave make you feel more assertive, like that guy running the prison in Cool Hand Luke. Because Terry often represents criminals I mean, the accused he told me one therapeutic web site he consults in order to retain his sanity was Tales from the Law on Redditt. I, of course, realizing that I have only limited time on the face of earth before I depart, have chosen not to waste it on Facebook, Twitter, watching The Bachelor, or reading from the Republican National Committee. Still, I was intrigued to locate those among our legal brethren who suffer as much as I. To some extent, Tales from the Law reflects the bizarro world that is the opposite from self-congratulatory posts that attorneys generally put on line. Instead, these lawyers have all reached the point that they, much like their clients, would be better off if institutionalized. Here s a sample of the problems some of them encountered: * After a young associate accepted a case (even while knowing better), and following a hearing where a motion to dismiss was granted from the bench, he described his client s reaction: She's screaming in the court lobby. FULL ON TANTRUM. Feet stomping, screaming, crying. THIS IS B*****T! I WILL TAKE THIS TO FACEBOOK! She then started a Facebook campaign to get the judge fired, whatever that means It ended when she eventually threatened to murder the judge on Facebook and was arrested. I declined her criminal case. * The young attorney who had to respond to a motion to suppress that included these entries by the opposing party: He included a big block quote from a 1763 speech by William Pitt about property rights and attached a 50-page law-review article just to cite it for the oneline proposition that a man s home is his castle. Then he dropped a half-page, full-color Family Circus comic in the body of the motion (one of the ones with the kid and the dotted line where he's wandered all over the place). The caption said something like the police here did not innocently traipse around the yard like young The Rector Scale Continued on Next Page
9 9 The Rector Scale Continued from Previous Page Billy in the Family Circus." * The paralegal who had to respond to an administrative complaint that began with "Four score and seven years ago..." * The intake call from a potential client who argued at length that she needed a lawyer who handles death law. (No, apparently not wrongful death; just death law.) * The client who wanted to sue an online forum for slander of his car because the posters thought his asking price for the classic car was too high. * The attorney who represented the widow of a truck driver who died in a car crash, only to find out during trial that his client never divorced her previous husband. * The public defender who had to stomp on his client s toe at the podium to keep the client from advising the judge during a bail hearing that the case couldn t be proven because the assault weapon hadn t ever been found. * The young lawyer whose client traded in a used car for a new one, and then wanted to sue the dealership because she wasn t told that the new car would be more expensive than the old one. * The client who, in response to interrogatories about any prior arrests, failed to disclose four recent DUIs because he thought that they didn t count. * The client who wouldn t respond to discovery requests because he was being asked to produce documents, which he thought to mean that he actually must have created the paper the documents were written upon. And of course my favorite: * The personal injury client who passed out on the street one night, and was injured while being dragged down the block the next morning by a street sweeper. So here s a bit of advice to give to such clients next time one of these types calls. Just tell them to take it to Facebook instead. - Dan Rector Legacy CPA, LLC A Full-Service Accounting Firm Providing Law Firms with Strategic Tax Planning & Preparation, Bookkeeping & Business Consulting Accounting & Support Services Include Bank Reconciliations Trust Accounting General Ledger Accounting Accounts Payable Accounts Receivable Billing and Collections Time Entry Cash Flow Control Monthly Planning & Budgets Monthly Financial Statements Managing Client Settlements/Distributions Advanced Client Costs Jason Schneider, CPA, CGMA Briar Village Point, Suite Colorado Springs, CO (719)
10 10 El Paso County Bar Association Immigration Law Section Presents: ICE Detainers & Other Updates on the Intersection of Criminal and Immigration Law Faculty: Hans Meyer, Meyer Law Office, PC Brown Bag Lunch CLE Credit: 1 General (Pending) Immigration Law El Paso County Bar Association Office 518 N. Chelton Road Colorado Springs, CO September 11, :45 a.m. 1:30 p.m. Has the ICE Detainer gone the way of the dinosaurs? Hans Meyer will present on the latest concerning immigration holds and other critical updates important to the intersection of immigration and criminal defense law. Other topics will likely include criminal history bars to certain immigration applications, and responsibilities of criminal defense counsel to advise clients about the immigration consequences of pleas. If you want to be added to our mailing list, please contact Amber Blasingame or Eric Pavri
11 11 Fourth Judicial District s Family Treatment Drug Court wins Prestigious Award The Fourth Judicial District has long been at the forefront of employing the nationally recognized problem solving court model to increase success with some of the most taxing social issues impacting our judicial system. The El Paso County Family Treatment Drug Court (FTDC) program is a placement prevention program designed to establish permanency for children, eliminate parental substance abuse, involve extended family members and develop kinship placements for children in lieu of out of home placement. This is accomplished through a multidisciplinary partnership with the Department of Human Services, Savio, Aspen Pointe, TANF, Office of the Guardian Ad Litem, and the Fourth Judicial District. The key elements of this partnership include risk and safety assessment and planning, family group conferences, drug and alcohol treatment, intensive in home services and the utilization of community resources. This year, the Fourth Judicial District s FTDC was selected to receive the State s Excellence in Practice Family Treatment Drug Court Team Award. This award recognizes a Family Treatment Drug Court Team that demonstrates exceptional multi-disciplinary collaboration and a commitment to the problem solving court model to improve outcomes for children, youth, and families impacted by substance abuse. The team was selected based on its longstanding success and mentoring of the courts in other Colorado jurisdictions. At the helm of the Family Treatment Drug Court team is Magistrate Jami Vigil. Under her leadership is a core group of highly trained professionals that include attorneys, caseworkers, and therapists. The long-standing success of this team is directly related to the collaboration of its members. The dedicated attorneys include: Bliss Eckland, Gregory Duncan, Lisa Hilbig, Susan Mueller, Michael Satin, Laura Rago, Joseph Wallis, Brent Weiner, and Consuelo Williams. At the heart of the problem solving court model is collaboration. The El Paso County FTDC team has perfected this unique approach, expeditiously and justly resolving hundreds of dependency and neglect cases. Together, they have bridged the isle and successfully helped navigate FTDC parents to safe parenting and recovery. Congratulations on a job well done! For more information on the FTDC, you may reach Michelle Geng, the Fourth Judicial District FTDC Coordinator at (719) District Judge Joe A. Cannon, Ret. Providing ADR services for over 3,000 cases in the last 25 years. Settlement Conferences, Arbitrations, Special Master, Judge Pro Tem, Private Case Evaluations Offices 102 S. Tejon Street, Suite 800 Colorado Springs, CO (719)
12 12 Lawyer Referral Services LRS Coordinator: Jennifer Wolcott / We Help Bring Business to You! Get Started by Paying an Annual Membership Fee of Only $100 for EPCBA Members It Only Takes One Referral to Make a Profit Over Your Initial Investment The LRS Connects Hundreds of Callers to Attorneys in Their Practice Areas Referrals are Pre-Screened by Our Staff Expand Your Practice with Lawyer Referral Services Contact Us Today for More Information (719)
13 13 Ongoing Bar Committee and Section Meetings Alternative Dispute Resolution Committee meets quarterly on the 4th Thursday at 102 S. Tejon, Ste 800 at 12:15 pm. For more information, contact Joe A. Cannon at Christian Legal Society meets the first Thursday of each month at Jack Quinn s (up stairs) 21 S. Tejon St. from 11:45 am to 1:15 pm. Reservations are appreciated but not required. Any questions contact, Synthia Morris, Family Law Section meets the second Tuesday of each month at Noon at The Warehouse. Reservations appreciated. Contact Mo Frederick at to make a reservation, or for more info. New Lawyers Section meets the fourth Friday of each month at 5:30 pm. Check the EPCBA website calendar for location or for more information, contact Haily Kolberg Probate Section meets on the second Wednesday of each month at the Clarion Hotel at 7:30 am. For more information, contact Michael Kirtland at Real Estate Section meets the third Thursday of each month at the Denny s Restaurant at West Bijou & I-25 at 7:30 am. For more information, contact Paul Murphy at Solo/Small Firm Section meets on the first Wednesday of each month at The Ritz (Elbo Room) at 11:45 am. For more information, contact Tomasz Stasiuk
14 14 El Paso County Bar Foundation 2015 Grant Committee Report The Grant Committee met on Thursday, July 30, 2015, to consider grant applications. The Committee received nine grant applications from local non-profit organizations. The Committee considered and discussed each application on its merits, and recommended that grants be issued to the following applicants for Grant Year 2015: Aspenpointe, Inc. CASA of the Pikes Peak Region, Inc. Colorado Springs Teen Court Court Care for the Pikes Peak Region Kidpower of Colorado, Inc. Leadership Pikes Peak, Inc. Pikes Peak Pro Bono Project, Inc. Safe Passage Silver Key Senior Services At the Bar Foundation s Board of Directors meeting on August 14, 2015, the Board unanimously approved the Committee s grant recommendations. Notification will be sent to the grant recipients. The grants will be distributed through the Pikes Peak Community Foundation.
15 15 FAMILY LAW UPDATE JOI G. KUSH, ESQ. (This column marks the return of the Family Law Update that was an occasional feature of the Pikes Peak Lawyer in the past. If our readers come across new case law or other interesting developments in the family law arena please feel free to pass those along and we will do our best to keep the family law bar up to date. Editor) Some say that practicing family law is easy. What most do not take into consideration is that the practice of family law requires a comprehensive understanding of real estate, probate, business, insurance, and criminal law, just to name a few. It also requires an intimate understanding of Title 14, in its entirety, the Colorado Rules of Evidence, and the Colorado Rules of Civil Procedure. I was one of those skeptical about the domestic relations DR world. Yet, as I build my legal career and continue to maneuver the complex maze of DR, I am realizing that family law attorneys are perhaps the most intelligent of them all. I am proud to say that I am a family law attorney and, now, I get to share my growing knowledge with my fellow colleagues. I welcome the challenge. My first article will hopefully grab your attention. Moving forward, my goal is to focus the new trends in family law, but I also aspire to expose the reality of practicing family law through fresh eyes, humor and wit. I hope that you enjoy. If not, me (see #3 below). TOP TEN WAYS TO FAIL AS A FAMILY LAW PRACTITIONER *This article mirrors the tongue-in-cheek format of an article published in the August 2015 Colorado Lawyer titled How to Draft a Bad Contract by Mark Cohen. Worth the read. 1. Allow Dad, Mom, Brother, Sister, Best Friend and Cousin to sit in your initial consultation with a prospect and then direct the course of the case. When you meet a prospect for the first time (knowing that she will probably retain your services), invite everyone she brings along to participate in the consultation. Why should they wait in the lobby? Do not inform the prospect that she is waiving her attorney-client privilege and do not get written consent from that prospect to speak with third parties. Also, very important, don t forget to give everyone in the family an update on your client s case. Great Aunt Gene should not have to wait to hear from Uncle Jimmy for the juicy gossip. And most important, if Mom or Dad or Uncle Jimmy is paying the client s retainer and fees, make sure to let them direct the case even if it s over the objection of the client. After all, they are paying the fees!! But see: Colo. RPC 1.18-Duties to Prospective Client, Colo. RPC 1.6-Confidentiality of Information, Colo. RPC 1.8-Conflict of Interest: Current Clients: Specific Rules, Comment 11 & 12, and Colo. RPC 5.4(c)-Professional Independence of a Lawyer. 2. Tell your client to delete all of his/her text messages, social media profiles, s, etc. Once your prospect has retained you, make sure you tell your client to delete all of her text messages, social media profiles (Facebook, Snapchat, Twitter, and don t forget Ashley Madison!), and s. Make sure that the client understands the importance of destroying any and all evidence that could be used against her at a hearing. While you are at it, make sure that the client only s you from her work .
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