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TCL > September 1999 Issue > 1999 CBA Convention Schedule: September 24-26 in Vail

September 1999       Vol. 28, No. 9       Page  21

1999 CBA Convention Schedule: September 24-26 in Vail



Fun Run

An informal morning run, the length and vertical elevation gain of which will be determined by group consensus and the activities of the previous night. The run will conclude at group leader Chuck Turner's favorite coffee shop in Lion's Head. Runners should meet at the front entrance of the Marriott.




Annual Breakfast Meeting



CHRISTIAN LEGAL SOCIETY (1 general/ethics credit)

"Biblical Perspectives on Legal Ethics: Being a 'Good Lawyer'" - Stephen H. Leonhardt, Denver







Sponsored by Judicial Arbiter Group, Inc.




  • "ADR Can Work for all Disputes--No Matter Where They Arise"
  • "Rural Parenting Education Program; Lend-A-Lawyer Program" - Robert Smith, Denver
  • "ADR and Water Law Issues" - Karl Kumli, Boulder
  • "ADR and Environmental Disputes" - David Rudy, Colorado Springs/San Francisco
  • "ADR and Governmental Disputes; Mediator Standards" - Merrill Shields, Denver
  • "ADR--1998-1999 Judicial Update" - William J. Baum, Jr., Winter Park; A. Bruce Campbell, Denver

William J. Baum, Jr., Winter Park, moderator

This program will focus attention on the needs of the practitioners and the residents of Colorado's rural and agricultural areas and the special needs of attorneys practicing in areas where they are required to be truly general practitioners, dealing with all of their clients' needs. In doing so, they face issues ranging from the most simple to the most complex, including family law, water law, environmental issues, real estate development, contracts, torts, land use and governmental relations problems, and everything in between. The goal of this program is to further acquaint attorneys working in such areas with the alternative dispute resolution tools available to them and the advantage of using them in appropriate situations.




8:30-10:00 "Hate Crimes: Philosophical and Practical Problems" - Morris Dees, Montgomery, Alabama; Albert Moskowitz, Washington, D.C.; James Rouse, Englewood; H. Patrick Furman, Boulder, moderator

Hate crimes, motivated in whole or in part because of differences in race, religion, ethnicity, sexual preference, and other characteristics, continue to play a prominent role in the American consciousness concerning not just crime, but our tolerance and civility as a nation. This session presents a nationally recognized panel of lawyers discussing both the philosophical and practical problems associated with prosecuting and defending hate crimes. Albert Moskowitz, Chief of the Criminal Law Section of the Civil Rights Division of the United States Department of Justice, is the federal government's chief law enforcement officer in the area of civil rights crimes. Morris Dees, founder of the Southern Poverty Law Center, is nationally known for his innovative use of civil suits against group and individual perpetrators of hate crimes. Denver attorney James Rouse, a partner in Arrington & Rouse, P.C., in addition to his general litigation practice, is the President of the Rocky Mountain Family Legal Foundation, and has engaged in significant political and legal work in behalf of religious liberties, parental rights, and free speech. The panel discussion, moderated by CU Law School Clinical Professor Patrick Furman, will include the audience in a discussion of the philosophical and constitutional limitations on the prosecution of hate crimes, and the practical problems associated with actually prosecuting and defending these cases.

10:15-12:00 "Should Peremptory Challenges be Abolished?" - Albert W. Alschuler, Chicago; Morris B. Hoffman, Denver; William Lightfoot, Washington, D.C.; Richard P. Matsch, Denver; A. William Ritter, Denver; Kim Taylor-Thompson, New York City; Barbara A. Babcock, Stanford, co-moderator; William T. Pizzi, Boulder, co-moderator

A distinguished panel of lawyers, judges and academics will debate whether peremptory challenges should be abolished or reduced, and will consider the consequences of such abolition or reduction.



(4 general/ethics credits)

"Ethics of Using the Press to Obtain Legal Objectives--How Far is Too Far and How to Respond to the Press When Under the Spotlight" - Dan Vigil, Boulder; Frank Scandale, Denver; Connie Holubar, Denver; Tom Kelley, Denver; Michael Freeman, Denver; Bruce Driver, Boulder; Brian Hanson, Boulder, moderator

The program will focus on setting the ethical bounds in accordance with case law and the Colorado Rules of Professional Conduct. Issues to be covered will include: how the attorney can protect his/her client from the press; advocating through the press on behalf of a client; what are the rights of the press; and what is the public's right to know."



LABOR LAW FORUM COMMITTEE (4 general credits)

"Significant Recent Developments with the Americans With Disabilities Act" - Lisa Hogan, Denver; Van Aaron Hughes, Denver; Kelly A. Evans, Denver

The program will include an extensive discussion of three ADA cases recently argued in the U.S. Supreme Court: Sutton, et al. v. United Airlines, Inc. (from the 10th Circuit); Vaughn Murphy v. UPS (from the 10th Circuit); and Albertson's v. Kirkingburg (from the 9th Circuit). Decisions in these cases were expected this summer. The program will also cover the new EEOC Policy Guidance on reasonable accommodation and undue hardship under the ADA. The program will conclude with an interactive session using hypothetical ADA fact patterns designed to illustrate the lessons of the recent court decisions and EEOC Policy Guidance.



LAW EDUCATION COMMITTEE (4 general/2.5 ethics credits)

"Unbundled Legal Services"

8:30-9:30 "View from the Bench" - Gregory J. Hobbs, Jr., Denver; additional panelists to be announced

The panelists will review the ethical considerations of providing unbundled legal services.

9:45-10:45 "Ethical Considerations" - Douglas D. Foote, Greenwood Village; Ray Micklewright, Denver; additional panelists to be announced

The panelists will discuss the implications of providing unbundled legal services in light of Colorado Rule of Professional Conduct 1.2. The panelists will also explore the ethical considerations as applicable to criminal, civil, domestic, and bankruptcy actions.

11:00-12:00 "Implementation (Nuts and Bolts) of Unbundled Legal Services" - Barbara G. Chamberlain, Denver; Jonathan D. Asher, Denver; Dee Ann Keller, Golden; Christopher Hardaway, Denver

Revised C.R.C.P. 11 will bring about dynamic business changes in providing unbundled legal services. The panel will explore: (1) serving more clients, (2) providing effective counseling without representation, (3) qualifying the appropriate client, and (4) providing customized tailored services to the qualified client.



TRUST & ESTATE SECTION (4 general credits)

"Allocation of the Generation-Skipping Transfer Tax" - Lloyd Leva Plaine, Washington, D.C.

This program will discuss planning under the generation-skipping transfer tax with emphasis on the use and allocation of the GST exemption. Samples of completed U.S. Gift and Generation-Skipping Transfer Tax Returns (Forms 709) and U.S. Estate and Generation-Skipping Transfer Tax Returns (Forms 706) will be included in the program materials and will be discussed. Although drafting instruments and planning for the generation-skipping transfer tax are extremely important, if a GST exemption is not allocated properly, much of the planning may have been for naught.

Sponsored by U.S. Bank




8:30-12:00 "Emerging Communication Issues" - Sharon Black, Boulder; Bruce Marks, Denver; Tom Polich, Denver; Sue Weiske, Thornton; Ralph Wellington, Philadelphia; Gary Tucker, Denver, moderator

During this presentation, the speakers will examine legal issues, service, and product developments surrounding new communications offerings that have arisen out of the deregulated US telecommunications industry and from independent but competitive businesses. A central theme of this panel is that these new offerings may be so powerful in meeting demand that they may move past the historic telephone company that provides plain old telephone service (POTS). Ms. Black will discuss new services and technology developments and legal issues arising from these offerings. Mr. Marks will discuss new services and markets for earth-observing satellite and airborne information systems. Mr. Polich will address the international settlement process and rates for termination of calls among countries. Ms. Weiske will focus on legal and regulatory issues regarding the offering of wholesale and retail carriage of IP packets at greater efficiency and competitive prices. Mr. Wellington will discuss interests of right-of-way owners to participate in the value of the right to use by communications carriers.

2:30-5:00 "Traditional Communication Issues" - Andrew Crain, Denver; Vince Majkowski, Denver; Carol E. Matty, Washington, DC; Cindy Schonhaut, Denver; Michael Glaser, Denver, moderator

The speakers will examine the changes that have occurred in the regulated monopoly that historically developed in the U.S. and the issues arising from the metamorphosis of traditional carriers as a single provider of multiple services. Mr. Crain will present the RBOC position regarding barriers to entry into multiple service offerings. Mr. Majkowski will provide an overview of state proceedings and rulemaking dockets affecting local competition and offering multiple services by regulated carriers. Ms. Matty will present an overview of FCC proceedings and rulemaking dockets affecting local competition and removing barriers to entry by regulated carriers. Ms. Schonhaut will present the CLEC perspective and progress in regard to implementing competitive service policies mandated by the Telecommunications Act of 1996.

Sponsored by AT&T



LAW PRACTICE MANAGEMENT DEPARTMENT (7 general/1.5 ethics credits)

"Integrating the Internet in Your Practice"

More lawyers are on the Internet than ever before. There is an incredible amount of information available, and much of it is free. We will show you how to integrate the Internet into your practice.

8:30-9:15 "Faster Connections" - Imelda T. Reveles, Denver; Larry C. Smith, Denver

Confused about terms like ISDN, T-1, xDSL, cable modems and Megabit? You're not alone. The good news is that connecting to the Internet is faster and cheaper than ever. In fact, a high-speed connection may be less expensive than your current dial-up method. In this session you will learn how a faster connection can be affordable and can improve your productivity. We will help you sort through the many high-speed options now available for connecting to the Internet. High-speed connections are not just for large firms anymore!

9:30-10:45 "Using the Internet Wisely: How to Address Security and Ethical Issues" - Natalie Hanlon-Leh, Denver; Dick Reeve, Denver

More lawyers are discovering the benefits of being on the Internet. The Internet can be an incredible resource, but you have to be aware of the potential problems. This session will help you stay out of trouble! Did you know that it is becoming commonplace for e-mail (deleted or not!) to be included in discovery requests? Find out how to manage electronic discovery and the status of case law in this area. Are you violating attorney-client privilege by attaching unencrypted documents to an e-mail? Should you have a written e-mail and Internet use policy? Are there limits to what you should discuss on a listserv or in a chat room? What ethical and security issues must you be aware of when you use the Internet? We will cover all these topics, and more!

The Internet is moving faster than ever before. What's the latest Internet technology, and what does it mean for you in your practice? Our panelists will discuss intranets and extranets and how they can help you organize and retrieve information. They'll also discuss MP3, XML, Real Audio, streaming video, and other tools to help you take advantage of the latest Internet technology.

11:00-12:00 "What's Hot!" - Mark A. Donald, Denver; Ronald G. Rossi, Denver
2:30-3:30 "60 Sites in 60 Minutes" - Mark J. Kolber, Denver; Reba J. Nance, Denver; Larry C. Smith, Denver

It wouldn't be a CBA convention without this popular program! Join the panelists as they take you on a tour of their favorite sites for legal links, technology tips, and office productivity. They'll even show you some sites to check out on your lunch hour!

3:45-5:00 "Can You Do Substantive Legal Research on the Internet?" - Christopher M. Leh, Boulder; Shirley Sostre, Boulder

What's there, what's not, and how to find it. Many lawyers think (read that, "hope") they can use the Internet to replace their law books and online and CD-ROM services. Even if you've attended a session like this before, the Internet changes constantly! Two practicing lawyers (a litigator and a transactional type) will take "real-world" research problems and show you where you can go for answers! Find out what's there, whether it's free and how to use search engines to narrow down the information.

Sponsored by LEXIS-NEXIS




Sponsored by Judicial Arbiter Group, Inc.




10:00-11:00 "Recent Trends in the Dilution Doctrine" - Steve Pokotilow, New York

Mr. Pokotilow will provide insight into the federal dilution statute, as well as recent case law interpreting that statute. In particular, Mr. Pokotilow, who represents Ringling Brothers in its dispute with the state of Utah over the mark "The Greatest Show on Earth," will discuss the ramifications of the recent 4th Circuit decision on the dilution doctrine and will compare that decision with other circuit court decisions in that area of law. The Ringling Brothers case is presently before the U.S. Supreme Court on a petition for writ of certiorari.

11:00-12:00 "All You Need to Know About ITC Proceedings" - Ray Lupo, Washington, DC

Ray Lupo, who has extensive experience practicing before the International Trade Commission, will provide insights on ITC proceedings, including the advantages and disadvantages of ITC proceedings over federal litigation. He will also discuss in detail the procedural nature of these proceedings.




Come to an interactive media session with the CBA Communications Department and learn how to be an attorney/ media "star." The first hour is fundamentals; the second hour is TV training with the "barcam." Seating is limited, so please reserve your spot by calling the CBA at (303) 860-1115 or (800) 332-6736.




Build bridges, not walls, in your communication. Everything you say and do sends a message. Today's technology, such as e-mail and the Internet, has made some of our communication faster and more accessible, but "telecommunication" is a misnomer. We have lost the human moment. Additionally, most of us operate on automatic even in our face-to-face communication. This seminar brings communication into consciousness and supplies tools to help you send the message you want. Topics covered include the following:

  • Communications as our link to the world
  • Moving into consciousness--from automatic to awareness
  • How to regain the "human moment" in a technological age
  • Empathy is communication; communication is empathy
  • Keeping disruptive emotions and impulses in check
  • The finely tuned ear: dynamic listening
  • The artful critique: delivering feedback that minimizes defensiveness
  • The unspoken message: what we don't say means a lot
  • Eliminating toxic communication.

Seminar leader Audrey Nelson is a Ph.D. in communications. Her expertise is in conflict management, male-female communication, organizational development and interpersonal communication.



LUNCHEON featuring Morris Dees, Montgomery, Alabama
founder of the Southern Poverty Law Center:

"Justice in the 21st Century"




We spend the greatest single percentage of our communication in listening, approximately 45% of our time. People who develop effective listening skills tend to be good communicators. Experience shows that active listening is usually more important than talking. This seminar will emphasize the skills necessary for listening and identify the barriers that block this process, such as:

  • What is the difference between hearing and listening?
  • How to get ready to listen?
  • What are the characteristics of deliberate and non-listening styles?
  • How to listen between the lines.
  • Understand some of the reasons we often fail to listen.
  • What are the components of the listening process?
  • What are the principles of note-taking to enhance memory?
  • How to check out inferences.
  • What are the non-verbal behaviors that a listener exhibits?

Seminar leader Audrey Nelson is a Ph.D. in communications. Her expertise is in conflict management, male-female communication, organizational development, and interpersonal communication.



BAR LEADERSHIP INSTITUTE (3 general credits)

"Bar Leadership and Court Committees: Can They Cooperate?" - Jo Ann Viola Salazar, Denver; Melissa McClerkin, Denver; Sherry Kester, Denver; Melody Massih, Rifle; additional speakers to be announced

How does the Colorado Supreme Court make or change the rules that affect our practice of law? We'll examine the issues of professionalism addressed by Supreme Court committees; who the participants are; and how they are appointed to serve. We'll also examine ways that local bar associations and their leaders can get involved in the process.




"Changes in the Practice of Law: Multi-Disciplinary and Multi-Jurisdictional Practice" - Sherwin Simmons, Miami; Charles Wolfram, Ithaca, NY; John S. Gleason, Denver

This program will discuss trends that may substantially change the practice of law. Changes in the marketplace and aggressive restructuring of accountancy, law, and consulting firms will significantly change the way in which legal services are provided. This panel, featuring Mr. Simmons of Steel Hector & Davis LLP, the Chair of the American Bar Association Task Force on Multi-Disciplinary Practice; Dean Wolfrum of Cornell Law School, one of the nation's leading experts in ethics; and Mr. Gleason, Attorney Regulation Counsel of the Colorado Supreme Court, will explain the current thinking on multi-disciplinary practice in the United States and Colorado, and the proposed response of the American Bar Association and others to these developments. In addition, the panel will discuss the analogous ethical constraints on practice across state lines as reflected in the Birnbower case, in which New York lawyers were denied fees by the California courts for services rendered for their client in California.

Sponsored by AT&T



"Constitutional Attacks on Anti-Gay Legislation" - Trish Bangert, Denver; Julie Tolleson, Denver; Jeanine Powell, Boulder; Beth Bryant, Denver; Kathleen Kern, Denver, moderator

The panel will discuss anti-gay legislation, either proposed or enacted, in the areas of Marriage (Colorado), Adoption and Foster Parenting (Florida and Arkansas), and HIV Names Reporting and Partner Notification (New York), and will analyze which constitutional arguments may be available to strike down such legislation.



ELDER LAW FORUM COMMITTEE (3 general credits)

"Battling Financial Exploitation of the Disabled and Elderly Client: The Crime of the New Millennium" - Phillip Parrott, Denver; Howard Levett, Broomfield; Martha Ridgway, Boulder; Richard Vincent, Denver; Kathleen A. Negri, Denver, co-moderator; M. Carl Glatstein, Denver, co-moderator

This program will instruct the attorney on how to effectively pursue a financial exploitation case. Attorneys will learn about criminal, probate, and civil statutory provisions; how to investigate and document financial exploitation; how to access records; and how to deal with the exploiting agent. Power of attorney drafting considerations will also be covered.



PROFESSIONALISM COMMITTEE (3 general/ethics credits)

"Atticus Revisited" - Richard P. Matsch, Denver

In June 1991, The Colorado Lawyer featured a reprint of a speech given by U.S. District Court Judge Matsch. The article, Is There an Atticus in the House?, is a challenge to Colorado lawyers. In his 1999 presentation, Judge Matsch will update and expand on his concerns with professionalism and justice.



Sponsored by Judicial Arbiter Group, Inc.



The revolution being brought about by the Internet has made stockbrokers obsolete for most investors. But there are perils, not the least of which are rumors in chat rooms. Learn where to get quality investment advice from a host of free sources. Create model portfolios and watch them perform. Leave with a strategy for using limit orders to discipline yourself in situations that might tempt you to be "trigger happy." John Hand, President of Colorado Free University and successful investor for over 25 years, will be the program presenter.



Join CBA members as they explore the displays provided by the CBA departments, sections, committees, and outside law-related organizations. A mini-tech fair also will be open featuring hardware and software vendors. This informative reception provides an opportunity for the CBA to show off all that it does.

Sponsored by West Group












An informal morning run, the length and vertical elevation gain of which will be determined by group consensus and the activities of the previous night. The run will conclude at group leader Chuck Turner's favorite coffee shop in Lion's Head. Runners should meet at the front entrance of the Marriott.











Sponsored by Judicial Arbiter Group, Inc.




"Immigration Issues in Employment, Business, Family and Criminal Law Matters: What Every Attorney Should Know About Immigration" - Ann Allott, Littleton; Lisa E. Battan, Boulder; Emily J. Curray, Denver; Nancy B. Elkind, Denver; Rumi Engineer, Englewood; Carol B. Lehman, Lakewood; Donna L. Lipinski, Englewood; Marie H. Lowe, Denver; Margaret C. Makar, Denver; David N. Simmons, Englewood; Philip M. Alterman, Denver; Christine B. Bartlett, Denver; Kirby Gamblin Joseph, Littleton; Mandy F. Yick, Denver

The program will include the following topics:

Employment Law
  • Employer compliance; I-9 forms for all employees, including U.S. citizens; avoiding discrimination; employer sanctions
  • Employer sponsorship of temporary and permanent status for foreign national employees
B usiness Law
  • Ownership structure of business entities; relationship to visa eligibility
  • Mergers and acquisitions: avoiding disqualification of foreign national employees; amendment requirements
F amily Law
  • Divorce and permanent residence for the foreign national spouse
  • Abused spouses and family members
  • Domestic violence and deportation consequences
C riminal Law
  • Immigration effect of crimes
  • Ineffective assistance of counsel



FAMILY LAW SECTION (4 general credits)

"Family Law at the Millennium: Issues for the Next Century"

"Colorado Law Update: An Analytical Approach" - Ronald D. Litvak, Denver

"What Constitutes an Equitable/Unequitable Division of Property?" - Mark F. Leonard, Denver

"Current Issues Regarding Parental Responsibility: Two Views" - Albert M. Bonin, Denver; Colleen D. Truden, Glenwood Springs

"Maintenance: Is it Predictable; Should it Be?" - A Judge's and Magistrate's Panel - W. Terry Ruckriegle, Breckenridge; Jane A. Tidball, Golden; Robert H. Russell, Aurora; Douglas E. Anderson, Colorado Springs; Louis Gresh, Castle Rock; Elizabeth Leith, Denver; Barbara Salomon, Denver, co-moderator; Richard I. Zuber, Denver; co-moderator

Sponsored by Bradford Publishing




"Adoption of 'Restatement of the Law Governing Lawyers'" - Thomas D. Morgan, Provo, UT; Michael T. Mihm, Denver; John M. Palmeri, Denver; David C. Little, Denver; Ted J.

Fiflis, Boulder; John D. Phillips, Denver, moderator

Over ten years ago, the American Law Institute, under the direction of Professor Geoffrey C. Hazard, initiated a project to propose, develop, and ultimately adopt a Restatement (3d) of the Law Governing Lawyers. Finally, on May 12, 1998, the ALI's members who include not only law professors and judges, but also practicing attorneys (including several from Colorado), completed its review and approval of the Restatement's final chapters, which are part of a total of eight chapters. The Restatement of the Law Governing Lawyers, although not having regulatory or statutory effect, will have a pervasive influence on the legal professional in the 21st Century. It covers all spectrums of the practice of law, including such controversial subjects as a lawyer's duty to a non-client; "whistle-blowing"; apparent authority of lawyers; vicarious liability; and many other areas. The Restatements have been cited by many courts as authority even before they were finally approved by the ALI. Moreover, some of the Restatements would appear to conflict with the Colorado Rules of Professional Responsibility and current case law. This program is a sequel to a program presented at the 1996 CBA convention, and a panel of lawyers experienced in this area, including one of the Associate Reporters to the American Law Institute, will present the program which should be of interest to all practicing attorneys.

Attendees of this program who are Seabury & Smith (formerly Sedgwick) insureds will receive a $100 premium credit per attending attorney from Westport Insurance Corporation at the time of their policy renewal or new application submission. (Note: CBA members who received the $100 premium credit from the 1999 Prevention Legal Malpractice Program are not eligible.)

Sponsored by Seabury & Smith, Inc.


LITIGATION SECTION (4 general credits)

"Youth and Gang Violence: The Danger and Liability in Schools and Public Places" - Kenneth L. Salazar, Denver; additional speakers to be announced

What do we know? What is being done? What is being considered? What should we do? Speakers will address the information and ideas being exchanged, the dangers faced, what can or should be done as rights and duties collide.

Sponsored by LEXIS-NEXIS




"Employers are from Mars, Employees are from Venus: Successfully 'Courting,' 'Marrying' and 'Divorcing' Employees - Hiring Practices for the Solo/Small Firm Practitioner"

"The Courtship: Finding and Wooing Employees" - Winn Allison, Denver; Theresa Corrada, Denver; Christine Morgenweck, Denver; Bruce Bernstein, Denver

Topics will include finding potential employees, screening potential employees, and tips from the field.

"The Marriage: How to Keep Your Employees Happy" - Mary Flanigen Smith, Denver; Theresa Corrada, Denver; Steve Barta, Denver; Carrie Cook, Denver; Christine Morgenweck, Denver; Bruce Bernstein, Denver

Topics will include employee contracts, contract workers, employee benefits, taxes and insurance on your employees, creatively compensating employees, and tips from the field.

"The Divorce: Terminating the Employee/Employer Relationship" - Glenn Hagen, Denver; Theresa Corrada, Denver; Bruce Bernstein, Denver

Topics will include when to terminate, wrongful terminations, successful terminations, administrative issues involving terminations and tips from the field.

Sponsored by Northwestern Mutual Life




"LLCs Made Easy" - James R. Walker, Denver; Allen Sparkman, Denver

This basic program will cover the fundamental tax issues arising during the lifetime of the limited liability company. Our speakers will discuss formation issues (including the Perrachi decision), operating problems and dissolution issues. New practitioners and those wanting a fundamental review will find this session extremely useful.

Sponsored by AT&T


LAW OFFICE TECHNOLOGY COMMITTEE (7 general/1 ethics credits)

"Making the Most of Technology in Your Practice"

This program will focus on the changing office technology needs of attorneys and law firms. Attendees will learn how to make the most of their technology options to improve their productivity and manage their practices effectively.

8:30-9:15 "Electronic Filing in the Colorado Courts" - Henry S. Givray, Dallas

Have you ever missed a filing deadline, wasted hours because of difficulty getting to the courthouse, or spent a bundle on delivery fees to file documents with the courts? The Colorado State Court Administrators Office has selected LAWPlus/JusticeLink to provide the technology for electronic filing in all Colorado state courts. In this session, LAWPlus/JusticeLink will demonstrate how electronic filing will be implemented, and will answer questions from program attendees. Don't miss this important demonstration of the latest in affordable electronic filing technology!

9:30-10:15 "Using Technology to Market Your Practice" - Sandy Ramlet, Littleton; Barbara Leff, Denver

Are you managing your contacts with a software package? Are you using your e-mail address or a web site to market your practice? Did you know that electronic newsletters can be easier to create and distribute, and just as effective as direct mail newsletters? Come to this session to learn how to make the most of technology to market your practice to your target audience.

10:30-noon "Ask the Experts: Making the Most of Upgrading Your Office Computer Technology" - Larry Smith, Denver; Kenneth Laff, Denver; Mark Kolber, Denver, moderator; additional speakers to be announced

Does your office have PCs and software that are more than five years old? Have you wondered whether, why, when, and how to upgrade your older technology or implement a network? Our panelists will help you sort through the wealth of information overload and help you understand how to get the most value from improving your law office technology. Program topics will include: (1) why should I upgrade and what steps do I need to take? (2) how can I most effectively work with consultants and vendors? (3) what are the latest trends and software for law practice management?

2:30-3:15 "How Secure Is Your Data? Deleted Doesn't Mean It's Gone!" - Jeffrey M. Flax, Denver

Every time you turn on your computer to complete a project, your computer stores information on your hard drive. This is true whether you send an e-mail message, use the Internet, or even type a brief to file in court. Did you know that your computer makes a copy of a letter you type, even if you never "save" it? Our expert will explain, in plain English, what happens to the information stored on your computer or network. Learn how invisible data trails are used to restore "lost" data and how they may be discoverable in litigation.

3:30-4:15 "Tech Tips, Tricks, and Gadgets for the Law Office" - Reba Nance, Denver; additional speaker to be announced

At this popular annual program, our presenters will introduce to you some little-known but very useful tips for improving the efficiency of your computer hardware and software. You will also see how many attorneys use inexpensive gadgets such as scanners and palm computers to improve their productivity.

4:30-5:00 "Technology Resources for the Law Office" - Speaker to be announced

Do you sometimes develop a headache when using or installing popular software? Are you tired of waiting on hold for technical support? Do you ever need to discuss legal and technical issues with other lawyers? Come to this session and learn where to find free discussion groups, technical support, upgrades and software patches, complete with a demonstration of how to download and install new products. In addition, you will learn where to find reviews and comparisons of new hardware and software products.

Sponsored by Aon Risk Services



YOUNG LAWYERS DIVISION (7 general credits)

"Bridging the Gap - Part V"

8:30-9:30 "Real Estate Basics--Residential Purchase Contracts, Landlord and Tenant" - Ronald H. Thompson, Denver; Daniel B. Markofsky, Denver

Mr. Thompson and Mr. Markofsky will discuss strategies when representing the buyer or seller; various deeds, deeds of trust, and promissory notes used in residential real estate transactions; and examination of title insurance policies, including exceptions to title and endorsements which the buyer or seller may request. They will also outline various issues involving landlord-tenant disputes, including important clauses in residential leases, handling security deposits, and the eviction process.

9:40-10:45 "Killer Depositions: Clever Tactics They Don't Teach You in Law School" - Elizabeth R. Jones, Denver

Ms. Jones will reveal novel strategies for taking and defending depositions. This program is intended for litigators with a basic knowledge of deposition procedures who want to enhance their arsenal of deposition tactics. You will learn: how to frame questions so that the answers will be more useful for summary judgment, settlement negotiations, or impeachment at trial; when to object, when to argue, and when to shut up; effective strategies to foil devious questions and arguments by opposing counsel; and successful preparation of your witnesses to thwart underhanded tactics.

11:00-12:00 "Fundamentals of Bankruptcy Law and Procedure in Colorado" - David M. Rich, Denver

This program is a basic introduction into bankruptcy law and procedures. Mr. Rich will outline the protection available to debtors under the various chapters of the Bankruptcy Code and discuss secured and unsecured creditor's rights when a bankruptcy filing occurs. The program will also introduce the participants to procedural nuances in bankruptcy with regard to adversary proceedings, relief from stay, preferences, fraudulent conveyances, exemptions, and confirmation of plans reorganization.

2:30-3:45 "The Nuts and Bolts of Domestic Relations Law" - Michael Miner, Boulder

Boulder attorney Mike Miner will present an overview of Colorado law and procedure concerning dissolution of marriage. The topics covered will include basic issues of domestic relations law that every new lawyer should know, including issues relating to division of property, child support, maintenance, and recent important changes in the law concerning child custody and parenting time. The presentation will emphasize fundamental practice considerations and will include handouts of selected forms for use as models in your practice.

4:00-5:00 "The Real Criminal Law Basics" - H. Patrick Furman, Boulder

Most criminal cases never go to trial. With that in mind, this don't-miss program for new criminal defense lawyers will address client relations, plea bargains, and sentencing issues you never learned about in law school. Mr. Furman will discuss basic procedures, as well as strategies for getting maximum discovery from the prosecutor, preparing your best arguments for the pre-trial conference, protecting your clients' interests at disposition, and crafting effective sentencing arguments.

Sponsored by LEXIS-NEXIS




Sponsored by Judicial Arbiter Group, Inc.




Come to an interactive media session with the CBA Communications Department and learn how to be an attorney/ media "star." The first hour is fundamentals; the second hour is TV training with the "barcam." Seating is limited, so please reserve your spot by calling the CBA at (303) 860-1115 or (800) 332-6736.




Diane Carman, columnist at The Denver Post, will discuss the increasingly extreme positions taken by opposing sides in public and private discourse. The discussion will include issues ranging from school discipline and school finance to abortion and gun control. Ms. Carman will also discuss the role of the media in contributing to the shrill tone of the debate when it is in the public arena. There will also be the opportunity for questions and comments from the audience.



INTERPROFESSIONAL COMMITTEE (2 general/ethics credits)

"The Care and Feeding of the Expert Witness and Other Interprofessional Relationships" - Andrew F. Czopek, Denver; Clayton B. Russell, Denver; Daniel W. Patterson, Denver; Theresa Coffman, Denver; Judy C. Lane, Englewood; Saul Sarney, Denver, moderator

The moderator will present four case studies based on real cases brought before the Interprofessional Committee. After each case is presented, the panel will comment upon the issues and offer their opinions on the proper resolution of each dispute. The Interprofessional Code, Second Edition 1997, will be cited and referred in the course of the panel discussion. Issues to be covered will include expert testimony at deposition and trial, retention of the expert, the attorney's relationship with the expert, and the obligations of professionals to cooperate with attorneys both as expert witnesses and as treating, consulting, or retained professionals.


LUNCHEONfeaturing Tim Gill, Denver
founder of Quark, Inc.

"Steamrollered by Technology: Looking into the 21st Century"

Annual Business Meeting and Awards Presentations




"If Not Mandatory Pro Bono, Then What?" - Stacy A. Carpenter, Denver; Ernest F. Marquez, Salida; Ruthanne Polidori, Golden

The Colorado Supreme Court and the Colorado legal profession continue to struggle with the major problem of delivery of civil legal services to the poor. Mandatory pro bono was considered and rejected. What are the alternative solutions to this continuing crisis? The panelists will discuss some possible solutions including mandatory reporting, new aspirational language in RPC 6.1, unbundled legal services, and voluntary pro bono programs. Audience participation will be encouraged.



BILL OF RIGHTS COMMITTEE (3 general credits)

"The War on Drugs: Are Civil Liberties Unintended Casualties?" - David Lane, Denver; Mark Silverstein, Denver; Steven Wisotsky, Miami; A. William Ritter, Denver; David Gaouette, Denver; Joseph Quinn, Denver, moderator

In the 1980s, President Reagan declared that the battle against illegal drugs in our culture would be waged as a war. Since then, the office of the "drug czar" has been established at the federal level and has been commanded by former military leaders. As is true in any war, civil liberties are sometimes curtailed in pursuit of the perceived greater good to "win" the war. Whether or not the war on drugs has been, or can be "won," this panel discussion will focus on the impact that war has had on the civil liberties of criminal defendants and the rest of us. From asset forfeiture to search and seizure to racially based "drug courier" profiling, the methods and tactics employed by the front line warriors have raised concerns about the rights and liberties of the battle's partisans, as well as "innocent bystanders." The panel will include criminal defense attorney Lane; Mr. Silverstein, legal director of the ACLU of Colorado; Mr. Wisotsky, author of Beyond the War on Drugs: Overcoming a Failed Public Policy; Denver District Attorney Ritter; Mr. Gaouette, Drug Task Force Coordinator of the U.S. Attorney's Office; and will be moderated by former Colorado Supreme Court Chief Justice Quinn.




"U.S. Supreme Court Takes on Disability Discrimination: Disability Law 1998-1999" - Ellen Buckley, Denver; Kevin Williams, Denver; Preston Oade, Denver; additional speakers to be announced

Last term in Bragdon v. Abbott, the U.S. Supreme Court decided that a woman who was HIV-positive, but asymptomatic, was an "individual with a disability" covered by the ADA, and in Pennsylvania Dept. of Corrections v. Yeskey, that prisons are covered under the ADA. This term, the Court accepted certiorari on numerous disability law-related cases. The speakers will provide an update on how the High Court views disability issues this session. Questions the Court was to answer this summer included: whether states must provide mental health services in community-based "integrated" settings; whether pilots whose vision is correctable by eyeglasses are "disabled" under the ADA; whether applying for Social Security benefits precludes employees with disabilities from later asserting discrimination on the basis of disability; and more.




"What to do When Your Client's U.S. Business Becomes International: Issues and Resources" - Paul T. Maricle, Denver; Craig R. Maginness, Denver; Martha W. Keister, Denver; Isabella Cascarano, Denver

This program is designed for general commercial lawyers and litigators, as well as for members of the International Law Committee. The speakers will describe the kinds of legal issues that arise when a business becomes active in international trade and will describe many of their own experiences. Topics will include import and export restrictions, contract issues, intellectual property issues, tax considerations, foreign investments, and dispute resolution. Advice on obtaining appropriate legal guidance and commercial guidance useful to clients will be provided.



REAL ESTATE SECTION (3 general credits)

"The New Real Estate Commission Approved Contract Form" - Kent J. Levine, Englewood

The Commission has approved a new, one-size-fits-all (or does it?) form of purchase and sale contract that all brokers must use. This program will discuss differences between the new form and its predecessors and offer some practical tips on using the new form and avoiding the pitfalls. This program will be invaluable for any attorney who advises clients about real estate transactions.

"Deeds for Dummies" - Richard H. Krohn, Grand Junction; Michael R. Cranmer, Denver

Learn the basics of conveyancing: what form of deed to use and how to prepare a deed or deed of trust that accomplishes what your client wants to do, without unintended consequences. The basics of title insurance will also be highlighted, including the pros and cons of ownership and encumbrance reports, what title insurance covers and does not cover, and some basic endorsements. You will hear some war stories from experienced real estate lawyers, but all directed to the probate attorney, family law practitioner, litigator, and others whose practice includes the incidental preparation of deeds and deeds of trust.



WOMEN AND THE LAW COMMITTEE (3 general credits)

"Twentieth Century Legal Divas" - Jean E. Dubofsky, Boulder; Aurel Kelly, Arvada; Joyce S. Sternhardt, Denver; Lucinda A. Castellano, Littleton; Cathlin Donnell, Denver; Barbara J. Kelley, Denver; Jo Ann Viola Salazar, Denver; Mary Beth Kirven, Arvada, co-moderator; Theresa Zoltanski, Denver, co-moderator

Pioneering women attorneys will discuss the evolution of women in the law. The women will discuss their experiences in the legal community, the impact of women on the legal community, and the remaining challenges for women in the legal community and the community at large.







Sponsored by Judicial Arbiter Group, Inc.




At least 80 percent of the American population will suffer from back pain and dysfunction. Next to the common cold, it is the cause for the most lost days of work. Unlike other body parts, your spine cannot be replaced. Bring your back to school and learn about the common causes that lead to pathology. Then get on "the Ball" and participate in an enjoyable and effective program of stretches and exercises for stress reduction and pain prevention. This program is currently being used by pro golfers, pro sports teams and Olympic athletes, as well as acute and chronic back pain patients nationwide. On completion of this session, you will be surprised how easy and fun it can be to take care of your back. Physical Therapist Joanne Posner Mayer will be the instructor for this fun, educational program.



An informal reception for everyone. Sponsored by Seabury & Smith, Inc.



"Show Ipsa Loquitor"

The Law Club presents another irreverent look at topical events through musical and dramatic presentations. The entire production is set up by the most talented performers in our state, who are also licensed to practice law.






"Lawyers and Presidents--Issues of Leadership" (3 general/ethics credits)


Laurence Luckinbill as Lyndon Johnson

Part I – Lyndon. On March 31, 1968, at the height of the nightly onslaught of bad news exploding from America’s war in Vietnam, President Lyndon Baines Johnson appeared on television to announce the sudden de-escalation of the war and the cessation of the bombing of North Vietnam, and his hope that North Vietnamese president Ho Chi Min would respond favorably and come to the peace table to talk. Then President Johnson, who had been returned to office in 1964 by the greatest electoral landslide in our history, made an announcement so dramatically simple, so startling, and so unexpected, that those who saw it have never forgotten the moment: "I shall not seek, and will not accept, the nomination of my party for another term as your President." He had decided to retreat with honor. He had shouldered the presidency in a moment of national horror: the incredible, senseless assassination of one of the most popular presidents in our history, John F. Kennedy. He had accepted JFK’s legacy and his domestic and foreign policy teams and agendas, and then proceeded, with the energy of ten Paul Bunyans, to mold them into his own gigantic plan to change America for the better. Two hundred pieces of domestic legislation were passed to help people climb out of poverty, to educate themselves, to start businesses, and to live in tolerance of each other. It was called "The Great Society." It was intended to defeat "the ancient enemies of poverty, bigotry, ignorance and disease." No one but Johnson, the son of the frontier, master of Congress, could have done it. No president before had done remotely as much, except for his great ideal and mentor, Franklin D. Roosevelt. No one since has even thought of trying to do it. Johnson wanted America to live up to its own ideals. But Vietnam intervened, and ultimately destroyed Johnson’s vision of a better land, along with 58,000 of America’s youth. And that responsibility he bore as well. He learned that he could not have both "guns and butter." It was a bitter, tragic lesson, taught as burning ghettos, campus revolutions, and protest marches became almost a second front of the war. But even to the last, he never quit trying to awaken ordinary citizens to the greater America we have within our grasp, if we could only seize it. You will encounter Lyndon Baines Johnson after he has made his fateful, final television announcement. You will hear, face to face, "the greatest persuader one on one since Lucifer," as he struggles to tell his story. It is an audacious, moving, and often hilarious tale and one of the quintessential stories of our nation.

Part II – Panel Discussion. The political trial of the century featured an impeachment but concluded without the conviction of William Jefferson Clinton, attorney, teacher of law, and President. Our illustrious panel will confront and provoke Colorado’s lawyers with some of today’s greatest professional and political problems; e.g., power without ethics, profit without professionalism, and image without integrity. The discussion will be moderated by Pat Furman, an author and University of Colorado School of Law professor. Our company of panelists includes Congressman Asa Hutchinson (former U.S. Attorney and one of the House Managers charged with conducting the Senate trial of President Clinton); U.S. Senator Russ Feingold (member of the Senate Committee on the Judiciary); Colorado Attorney General Ken Salazar; former Colorado Supreme Court Justice Jean Dubofsky; Michael Sabbeth (private attorney and author of Sailing the Seven C’s, a book about teaching ethics to children); and Orthodox Archpriest Eugene D. Tarris (biblical scholar and translator).


Keynote Presentations

Friday Luncheon
September 24, 1999

 tcl-1999sept-schedule3MORRIS DEES is Chief Trial Counsel and Chair of the Executive Committee for the Southern Poverty Law Center. He devotes his time to suing violent white supremacist groups and developing ideas for Teaching Tolerance, the Center's education project. Mr. Dees attended undergraduate school at the University of Alabama, where he founded a nationwide direct mail sales company that specialized in book publishing. That company later sold to Times Mirror, the parent company of the Los Angeles Times. After graduation from the University of Alabama School of Law in 1960, he returned to Montgomery and opened a law office. During the civil rights movement, Mr. Dees became active aiding minorities in court. In 1967, he filed suit to stop construction of a white university in an Alabama city that already had a predominantly black state college. In 1968, he filed suit to integrate the all-white Montgomery YMCA. Along with Joseph J. Levin, Jr. and Julian Bond, he founded the Southern Poverty Law Center in 1971. The Center, supported by contributions from over 300,000 citizens across the nation, has engaged in civil rights lawsuits ranging from the defense of Joan Little in North Carolina to the integration of the Alabama State Troopers. In 1980, the Center founded Klanwatch in response to a resurgence in organized racist activity. The project monitors hate groups and develops legal strategies for protecting citizens from violence-prone groups. To help educate young people about the civil rights movement, Mr. Dees developed the idea for The Civil Rights Memorial. The Memorial bears the names of 40 men, women, and children who lost their lives during the civil rights movement. In 1991, "Line of Fire," a made-for-television movie about Mr. Dees, described his successful fight against the Ku Klux Klan, including the $7 million precedent-setting judgment against the United Klans of America on behalf of the mother of a young black man lynched by the Klan.

Saturday Luncheon
September 25, 1999

TIM GILL founded Quark, Inc. in 1981 with the mission of creating software that was cool and innovative, yet fit into an everyday work environment. He selected the name Quark for its literary meaning--the subatomic particle proposed as the building block for all matter. Mr. Gill started the company with a borrowed computer based on a request from a Denver-area computer dealer to deliver a word processing program for the Apple III. With a six-month market lead over Apple or any other vendor, the resulting program, Work Juggler, was an enormous success. Several other text processing-related products followed Work Juggler until Quark's small band of software engineers, led by Gill, delivered QuarkXPress in 1987.Mr. Gill now serves as Chairman and Chief Technology Officer for Quark.
In this capacity, he oversees the strategic development of Quark's four existing products and at least five other client/server technologies under development in the company's research and development centers in Denver, Chicago, Germany, Singapore and India. Mr. Gill graduated from the University of Colorado in 1976 with a B.S. in applied mathematics and computer science. He worked for Hewlett-Packard for several years as an engineer before joining ALF Products, a Denver software company. When that company went bankrupt, Mr. Gill founded Quark as a way to avoid looking for another job. He has always been a strong supporter of social justice organizations and educational institutions. In addition to helping fund the gay and lesbian movement in Colorado, he has supported national scholarship programs for women and minorities in engineering. Through the Gill Foundation, Mr. Gill continues to provide millions of dollars annually to gay and lesbian, HIV/AIDS, and other civil rights organizations. He also supports many children's programs that provide basic health and human services such as food, clothing, housing, safety, and vaccinations to families in need.

Sunday Morning Program
September 26, 1999

LAURENCE LUCKINBILL. Those of you who attended the 1997 CBA convention and saw Mr. Luckinbill as Clarence Darrow know what an incredible performer he is. This year, he returns as LBJ. Mr. Luckinbill received his M.F.A. in playwriting from Catholic University in Washington, D.C. He later joined the State Department as director, writer, and lecturer on theater for the U.S. Foreign Service. After two years in Africa and Italy, he returned to New York and Broadway with a year's run in his first Broadway play, A Man for All Seasons. After several seasons as a charter member of three prestigious repertory theaters, Mr. Luckinbill received critical acclaim for his role of Hank in both the stage and film versions of The Boys in the Band. In addition to his extensive theater roles, Mr. Luckinbill has appeared in feature films such as Such Good Friends, The Promise, and Star Trek V: The Final Frontier. He has appeared in a number of television films, including To Heal a Nation. As a writer, Mr. Luckinbill has contributed articles to The New York Times, The Los Angeles Times, American Theatre Magazine and Esquire. In 1993, Mr. Luckinbill wrote and co-produced (with his wife, Lucie Arnaz) Lucy & Desi: A Home Movie, a television special, which received an EMMY Award in 1993. In August 1996, the play he wrote about famed attorney Clarence Darrow was honored with the American Bar Association's Silver Gavel Award.



The Convention Committee has selected lodging facilities that provide convention registrants with choices to suit individual tastes and budgets. Make lodging reservations at the Marriott or Lion Square Lodge by calling the numbers indicated below. Be sure to tell them you are attending the CBA convention. A one-night’s deposit (by check or credit card) is required within fourteen (14) days of booking the reservation, and final payment is due upon checkout.

Marriott Mountain Resort Reservations
(800) 648-0720
Single/Double Occupancy $139
Lion Square Lodge Reservations
(800) 525-5788
Lodge Room
One-Bedroom Condominium
$ 85
$ 99



REGISTRATION – To register for the convention and additional separate activities, please complete and return the CBA registration form with your payment to the CBA office. Taking advantage of the discounted early-bird registration fees saves you time and money. An additional fee will be added to registration fees after September 3. Packets containing name badges, event tickets, CLE affidavits, etc. will be available at the CBA registration desk during the following hours:

Friday, September 24
Saturday, September 25
Sunday, September 26
7:30 am - 5:30 pm
7:30 am - 5:30 pm
8:00 am - 12:30 pm

ONE-DAY REGISTRATION FEE – Attorneys may pay a lower fee to attend one day (Friday or Saturday) of the convention. Name badges will be issued for each day, allowing registrants to participate in the events of that particular day.

HALF-DAY REGISTRATION FEE – Attorneys may pay an even lower fee to attend one half-day of the convention.

CANCELLATIONS – Full refunds, less a $25 cancellation fee, will be given to those who cancel, in writing, to the CBA office by September 3. No refunds can be granted after that date, but the registration is fully transferable.

CLE CREDIT – Anyone wishing to claim continuing legal education credits MUST register for the convention. Lawyer spouses wishing to claim CLE credits MUST register individually.

HEADQUARTERS – Convention registration and continuing legal education programs will be at the Marriott Mountain Resort in Vail.





CBA Members


One Day


Half Day

Friday am
Friday pm
Saturday am
Saturday pm
Sunday am

First Time Attendee

First Time Attendee - One Day



Law Student

Non-CBA Members

One Day


Half Day

Friday am
Friday pm
Saturday am
Saturday pm
Sunday am
Early-Bird Fee
(on or before 9/3)












Regular Fee
(after 9/3)












Meal Functions

# of Tickets

Friday Luncheon

FAV Party, Bar Mart and
Technology Fair

Saturday Luncheon

President's Reception

Law Club Show

Early-Bird Fee
(on or before 9/3)






Regular Fee
(after 9/3)








The Colorado Bar Association thanks the following major convention sponsors:


Clifton Gunderson, L.L.C.
for co-sponsoring the convention

for co-sponsoring the convention

Aon Risk Services
for sponsoring the Law Office Technology Committee program

for sponsoring the Communications Law Forum Committee program, the Business Law Section/Ethics Committee/Taxation Law Section program, and the Taxation Law Section/Business Law Section program

Bradford Publishing
for sponsoring the Family Law Section program

Forensic Medical Reviewers
for sponsoring the convention signs

Hofgard & Co., Inc.
for sponsoring the International Law Committee program

Judicial Arbiter Group, Inc.
for sponsoring the coffee breaks

for sponsoring the Law Practice Management Department program, the Litigation Section program and the Young Lawyers Division program

for sponsoring printing of the meal function tickets

Northwestern Mutual Life
for sponsoring the Law Practice Management Committee/Solo/Small Firm Section program

Sharon Carmen Oliver, JP Flanagan
for partial sponsorship of the program printing

Seabury & Smith, Inc.
for sponsoring the President’s Reception and the Lawyers Professional Liability Committee program

U.S. Bank
for sponsoring the Trust & Estate Section program and the Sunday Morning Program

West Group
for sponsoring the FAC Party

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