memorandum t chief justice’s commission on the legal ......the for this we stand fall program....

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1 MEMORANDUM TO: Chief Justice’s Commission on the Legal Profession FROM: Working Group D DATE: May 23, 2013 SUBJECT: Working Group D Report I. Our Mission To foster the relationship between the legal profession and the community through Access to Justice, Delivery of Justice, and Education of the Public. II. Our Actions 1. We continue to work to foster a culture of service and professionalism through our commitments to the community and the Rule of Law. 2. Increasing pro bono participation for law firms, in-house counsel, and government lawyers is vital. 3. Self-help centers will help to bridge the gap and provide opportunities for pro bono work. III. Reports A. In-House Counsel Pro Bono 1. Association of Corporate Counsel through the efforts of Carmel Gill a. Meetings with Chief Justice Bender and Justice Hobbs b. Potential additions to Rule 6.1 c. Special recognition ceremonies for in-house lawyers d. Joining the pro bono coordinators group B. Government Lawyers 1. Judge Tsankov has completed her vetting of pro bono providers in connection with the Colorado Federal Government Pro Bono Program. a. Meetings with Chief Justice Bender and Justice Hobbs b. Potential additions to Rule 6.1 c. Special recognition ceremonies for government lawyers d. Coordination with 10th Circuit and U.S. District Court Chief's Commission 05/23/13 Materials Page 1

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    MEMORANDUM

    TO: Chief Justice’s Commission on the Legal Profession

    FROM: Working Group D

    DATE: May 23, 2013

    SUBJECT: Working Group D Report

    I. Our Mission − To foster the relationship between the legal profession and the community

    through Access to Justice, Delivery of Justice, and Education of the Public.

    II. Our Actions

    1. We continue to work to foster a culture of service and professionalism

    through our commitments to the community and the Rule of Law.

    2. Increasing pro bono participation for law firms, in-house counsel, and

    government lawyers is vital.

    3. Self-help centers will help to bridge the gap and provide opportunities for

    pro bono work.

    III. Reports

    A. In-House Counsel Pro Bono

    1. Association of Corporate Counsel through the efforts of Carmel Gill

    a. Meetings with Chief Justice Bender and Justice Hobbs

    b. Potential additions to Rule 6.1

    c. Special recognition ceremonies for in-house lawyers

    d. Joining the pro bono coordinators group

    B. Government Lawyers

    1. Judge Tsankov has completed her vetting of pro bono providers in

    connection with the Colorado Federal Government Pro Bono Program.

    a. Meetings with Chief Justice Bender and Justice Hobbs

    b. Potential additions to Rule 6.1

    c. Special recognition ceremonies for government lawyers

    d. Coordination with 10th Circuit and U.S. District Court

    Chief's Commission 05/23/13 Materials Page 1

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    2. Kelly Dunnaway is working on a plan to encourage County

    Commissioners and County Attorneys to participate in pro bono.

    C. Law Firms

    1. Justice Hobbs, Judge Miller, Judge Gabriel, and I have finished our second

    round of visits to law firms.

    2. We now have over 270 firms and organizations committed to the Court’s

    aspirational goal. This is a 40% increase since we began our visits in

    August 2012.

    3. Roger Clark is working to schedule visits with firms in Northern

    Colorado.

    4. We continue to work closely with the Access to Justice Commission to

    promote pro bono participation and self-help centers.

    D. U.S. District Court Pilot Project to Implement Civil Pro Bono Panel

    1. New project

    2. Comments submitted

    3. Implementation soon

    E. Pro Bono Recognition Ceremony Held by Colorado Supreme Court

    1. April 8, 2013

    F. Pro Bono Coordinators

    1. Meet quarterly

    2. Share information

    3. Match up lawyers with opportunities

    G. Self-Help Centers

    1. Bryan Cave HRO and Century Link will provide on-call attorney support

    to the pro se self-help center in Adams County.

    2. We are hoping other firms and clients will adopt other centers to provide

    the same support in other districts.

    H. We have met our short term goals and plan to continue our efforts.

    1. Increase participation by private bar, government lawyers, and in-house

    counsel.

    Chief's Commission 05/23/13 Materials Page 2

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    2. Improve services for pro se litigants through self-help clinics, forms, and

    triage.

    3. Foster the relationship between the profession and the community.

    I. Future Plans

    1. Integrate inclusiveness and professional development into our activities

    and goals

    2. Teamwork with firms, government, law schools, clients, and judges

    Chief's Commission 05/23/13 Materials Page 3

  • Chief Justice’s Commission on the Legal Profession Working Group A Report to the Commission: May 23, 2013

    Lorenzo A. Trujillo Working Group A Chair, Counsel to the Chief Sarah Clark, Sr. Asst. Dean Whiting Leary, Asst. Dean Dan Vigil, Asst. Dean Patti Powell, Prof. Eli Wald, Prof. Melissa Hart, Andrew Frohardt, Chief Judge Robert Hyatt, Mike Massey, John Baker, John Mosby, Katy Donnelly, Judge Gilbert Roman, James Coyle, Assoc. Dean Fred Cheever, Judge Neil Gorsuch, Chief Judge Marcia S Krieger, Prof. Roberto Corrada, Mark Fogg, David Little.

    I. Background

    The second annual joint law school orientation: For This We Stand is scheduled on September 21, 2013. Students, Deans, representative faculty from the three law schools, attorneys from the Colorado Bar, Judges, and former clients will participate in a half-day Professionalism Orientation for First Year Law Students from the University of Colorado Law School and the Sturm College of Law. This year 1L students from the University of Wyoming will also participate (12-14 students confirmed with some additional possibilities from 2L & 3L).1 On March 13 and May 8, the planning sub-committee met to review last year’s event and to discuss on-going progress toward implementation of this year’s event.

    1 Excerpt from James Coyle communication to add Univ. of Wyoming 1L Law students:

    I am following up on my suggestion that the Working Group consider inviting University of Wyoming law students to

    the For this We Stand fall program. Here are the stats I promised you:

    In May 2012, the University of Wyoming’s School of Law had 74 graduates. We had 41 of those graduates apply for the July 2012 bar exam.

    In February 2013, 5 University of Wyoming Law School graduates took the February 2013 bar. In addition, Wyoming just became a Uniform Bar Exam state. Thus, an individual who successfully completes

    the Wyoming bar can take her or his bar exam score and apply for admission to practice law in Colorado, using the

    Wyoming bar exam test score. The applicant has to meet Colorado’s slightly higher passing grade (274) and must also

    pass our office’s character and fitness determination, but can then become admitted to the Colorado bar. I expect

    Colorado will see more UBE applicants from Wyoming than from most other states.

    Also, Wyoming just became a reciprocal admission state. Thus, Wyoming attorneys can become members of the

    Colorado bar by applying on motion and meeting Colorado’s year-of-practice requirement (active practice for 5 of the

    last 7 years). Getting to them while in law school can only have long-term benefits for the Colorado bar.

    Thus, I ask you to consider incorporating this group of law students into the great program you have established

    for potential Colorado attorney applicants.

    Chief's Commission 05/23/13 Materials Page 4

  • Agenda: 9 – 10 a.m. Atrium of The Ralph L. Carr Judicial Complex Student Registration and Breakfast for Students

    Opening Statements from Chief Justice Bender and Dean Weiser, Dean Katz, Dean Easton

    10 – 10:45 Walk to Denver Courthouse 10:45 – 12:00 Small Group Discussions 12 – 12:30 Final Social of Students, Judges, Attorneys, and

    Former Clients

    II. PLANNING AGENDA PRIORITIES

    1. 2014 For This We Stand date: September 21, 2013

    2. Event Sub-Committee Co-Chairs: Asst. Deans Whiting Leary, Patti Powell; Melissa Hart and Eli Wald, Curriculum.

    3. Budget: a. Committed Grant Support:

    i. Sturm College of Law $ 1,000 ii. Univ. of Colo. School of Law $ 1,000 iii. Colo. Bar Assn. (Chuck Turner/Mark Fogg) $ 1,500 iv. Federal Bar Assn. (Judge Mimi Tsankov) $ 1,500 v. Colo. Office of Attny. Regulation (Jim Coyle) $ 1,500 vi. Univ. of Wyoming Law School $ 250

    ______ Total $ 6,750

    (Last year’s budget was $4,000 but did not include food, a priority for students.)

    Expenses: Food, AV equipment, Tables/Podium/Equipment Rentals, Security, Printing. Tentative to date: Food $5,591; Equipment (tables, podium, etc.) $1,952; In Progress for costs: Security, Printing, AV equipment. NOTE: We will balance the budget and hold our costs to the actual amount received.

    Chief's Commission 05/23/13 Materials Page 5

  • 4. TasksTo Be Done:

    Joint 1L Professionalism Orientation Event Checklist –

    Identify participating judges, lawyers, and clients

    Email participant packet to all judges, lawyers, and clients

    Divide up law school classes into 25 groups, mixing CU, DU and UW Law students

    Match up judge, lawyer, client teams

    Generate a distribution list for each small group

    Assign each small group to a courtroom

    Collect judge and lawyer bios, as well as summary of each client’s story

    Email bios and story to each small group

    Create and print event program

    Create and print walking directions from The Ralph L. Carr Judicial Complex to Denver City and County Building

    Email program and walking directions to each small group

    Create and print name tags with courtroom assignments

    Coordinate security and courtroom assignment with Chief Judge Hyatt

    Finalize payments for audio rental, food, and security

    Determine staffing at the check-in tables

    Plan for assisting law students in walking to City and County Building

    Plan to provide crowd control and direction for security screening

    Communicate with speakers about remarks

    Coordinate breakfast

    Other tasks as determined

    Chief's Commission 05/23/13 Materials Page 6

  • 5. Small Group Discussion – Talking Points

    For This We Stand Joint 1L Professionalism Orientation Event

    Saturday, September 21, 2013 Ralph Carr Judicial Center/Denver City and County Building

    Small Group Discussion – Talking Points

    A set of talking points, labeled for the judges, lawyers, and clients follows. These talking points need not be adhered to rigidly or even used at all. Their purpose is to assist in preparation and to prompt discussion if needed. Clients:

    1. Did you feel like you had a voice in the legal process? Were you able to express your viewpoint? Did you feel like you were listened to? Did you feel like your concerns were advocated through the system?

    2. Did you feel as though the process was neutral and fair? Was the judge unbiased? Were the parties treated equally? Did you understand why the decision was reached?

    3. Were you treated with respect and dignity throughout the legal process? Were your rights protected?

    4. Did you feel like the lawyers and judge were sincerely trying to help the parties? Did the judge explain the decision in a way that you could understand? Did you understand the legal issues and the process going on in your case?

    5. If you could change one thing about the legal system, what would it be? Judges:

    1. What is the rule of law? Why is it important to democracy?

    2. How are principles of diversity and inclusiveness central to the legal profession’s ethical commitments?

    3. How do/should lawyers and judges strive for broadly inclusive access to justice?

    4. Why is it important that a client understand not only the outcome of the case but also why and how that outcome was reached?

    Lawyers: 1. Who do you ask when you have questions or need advice?

    2. How does mentoring/being mentored fit into your concept of professional responsibility and professional identity?

    3. How does community involvement and pro bono publico relate to professionalism?

    4. How do you see diversity of experience, background, and perspective as strengthening the legal profession/legal community? How are principles of inclusiveness central to the legal profession’s ethical commitments?

    5. If you could go back to law school, what is the one thing that you would do that you did not do or vice-versa. Report to the Commission, Submitted by: Lorenzo A. Trujillo, Working Group A Chair May 23, 2013

    Chief's Commission 05/23/13 Materials Page 7

  • Chief Justice Commission on the Legal Profession Working Group B

    Meeting, April 24, 2013 2:00PM CBA Offices

    Minutes

    In attendance Al Dominguez (by phone) Gillian Bidgood (by phone) Mark Fogg J. Gabriel J. Campbell Sarah Clark Melissa Nicoletti Margrit Parker John Baker

    1. Review of November 8, 2012 minutes

    2. Colorado Attorney Mentor Program (CAMP) a. John Baker, Executive Director (brought a handout)

    i. Template for the program: more decentralized, e.g., similar to Ohio 1. Went to Ohio, met with Lori Keating who runs Ohio’s program, v.

    centralized, everything runs thru Columbus. 2. They have a very good website, used for marketing, recruiting mentors,

    registration of mentees, has an e-dating type of system for mentees to select mentors.

    3. Going to Illinois, their program is similar to ours, run through the local orgs, with a central support.

    ii. Definition of mentee 1. Requests for waiver of 0-3 year limitation, ARC believes this should be

    opened up as well, to have more than just a “beginning” program, mid-level/transitioning lawyers.

    2. We likely need to go this route because there is a backlog of people who need a mentor who are more than 3 years out.

    3. In Ohio and Illinois, they are also 0-3, but they have people begging to waive the rule, they wish they had a different rule.

    iii. Training/materials 1. We need a website, going to be significant project. 2. Envision it as standalone, does not need the confidentiality like the

    COLAP program 3. Considering working with CLE Colorado to set up a mentor training

    program, need to look into public/private partnership aspect of this. iv. Mentoring and role of judges

    1. Will need to address what judges can do in mentoring. 2. Rule that says law clerk can only have mentor from that court?

    v. Met with both law schools

    Chief's Commission 05/23/13 Materials Page 8

  • 1. DU is finding it easier to set up mentoring than CU, CU wants to do it but bigger challenge

    vi. New groups 1. Douglas/Elbert interested, met with them.

    b. Interplay with Commission,Working Group B, and Mentoring Committee i. Chief wants Commission to emphasize diversity concepts.

    ii. How can Grp B help/work with John – as advisory board. iii. By April or May 2014 – Grp B will have new chair, Jan 7, 2014 Bender retiring –

    some transition iv. Still want mentoring to be a core focus of this group – can be an official purpose

    of this group to be a sounding board/ideas focused/sounding board. v. John is looking for an unofficial resource group to provide info, provide

    additional thought on programs – will present this to SC Advisory Committee. 3. Members of Working Group B – there is a core of 10

    a. Continuation – Mark will contact members to gauge interest in continuing; then recruit 5-6 lawyers, e.g. young lawyers with an interest in working their way onto the Commission

    b. Commission c. Diversify d. Transfer of leadership

    4. Projects for 2013

    a. Results of February 21, 2013 break-out discussion groups. i. Gender issues, status of progress, better in courts and government than in

    private sector. ii. Women don’t promote themselves as much as men.

    iii. What is the role of this group in understanding or solving these types of problems?

    b. Theme of diversity c. Working Group B 2013 projects – agreed not to decide on a specific program but rather

    bring in people from outside for input. i. Concept of sponsorship, diff from mentoring, more networking, promoting the

    new lawyer, theory: not a lot of older women playing this role – perhaps as a complement to CAMP, find concrete ways to develop a sponsorship program, but is it sponsorship generally, or sponsorship for increasing diversity

    1. This may be too difficult a concept, and may detract from CAMP, make idea of sponsorship a part of training in mentoring.

    ii. Addressing recruitment and retention – design a presentation for purpose of convincing firms that diversification is in the interest of their bottom line.

    iii. Bringing in specialty bars to talk with us about what they are doing to attract and train new lawyers.

    Chief's Commission 05/23/13 Materials Page 9

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    Report to Chief's Commission from Working Group D 5-23-13Colo Sup Ct Wking Gp A Rpt to Commission May 20132013 0424 Working Group B minutes052213 CAMP Report