Amicus Fall 2020

Letter from the Law Alumni Board Chair

Anonymous — Mon, 02 Nov 2020 18:48:44 +0000

Letter from the Law Alumni Board Chair Anonymous (not verified) Mon, 11/02/2020 - 11:48

Hiwot Covell ('09)

Dear Colorado Law Alumni—

As attorneys, we took an oath to "treat all persons whom [we] encounter through [our] practice of law with fairness, courtesy, respect and honesty," to "employ such means as are consistent with truth and honor," and to "never reject . . . the cause of the defenseless or oppressed." We are empowered as lawyers to be leaders in our firms, with our clients, and in our communities. What an awesome responsibility we have.

There has never been a more critical time to put our skills to use. We are in the midst of a global pandemic, growing awareness and unrest about the overwhelming challenges Black Americans face, and uncertainty about what is ahead for our economy and nation. But I am hopeful that the students who roam the halls of Colorado Law will use the knowledge they gain to further justice for all. I am hopeful because our alumni are engaged in meaningful dialogues with one another, challenging our understanding of the most pressing legal and policy challenges we are facing, and using our knowledge to inform our future. I am hopeful because I know that the students who come after us will be shaped by their experiences at Colorado Law to be passionate, dedicated professionals, just as it did for each of us.

I am also grateful that Colorado Law gives us the opportunity to keep learning. This year, the law school moved its Colorado Law Talks series to a virtual format, and this series now has record attendance. In addition, Colorado Law has launched its Race and the Law series, so we can renew our resolve to build a truly just society.

But we have work to do. As alumni, it is our responsibility to support those who come after us and will join our ranks. There are myriad ways to get involved with programs at the school, and I encourage each of you to get involved in whatever way works best for you. Resources can be found on the alumni page at colorado.edu/law/get-involved, or you can reach out to Georgette Vigil, senior director of alumni engagement and outreach, at georgette.vigil@colorado.edu.Individually, we can do so much to enhance society with our legal education and better uphold our oath to use our "knowledge of the law for the betterment of society and the improvement of the legal system." But together, we can do so much more.

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Face Your Challenges With Willingness to Learn, to Fail, and to Find Courage You Never Knew You Had

Anonymous — Mon, 02 Nov 2020 18:43:06 +0000

Face Your Challenges With Willingness to Learn, to Fail, and to Find Courage You Never Knew You Had Anonymous (not verified) Mon, 11/02/2020 - 11:43

Meggin Rutherford ('09)

When I entered law school I had a plan for my career. It was a straight line of public sector career growth with no bumps. I had achieved everything I set my mind to thus far, and this would be the same. I am thankful every day that the plan failed, and that my straight line became a twisted path.

I graduated in 2009, but the Great Recession wasn’t going to be a problem for me. I interned in the public sector and was assured a job there. Then there were staffing changes and that sure thing was gone. So I did what all unemployed graduates do—I worked at Starbucks. Then my friend, who was in the same situation, told me something that changed my life—we have a career, we just don’t have a job. We can make one. She took the brave first steps and started her own practice, and I followed a few months later.

I decided on family law because there are plenty of clients, and "it’s easy to learn." (I laugh at that now.) I had absolutely no idea what I was doing. I jumped with two feet into the total unknown. I advertised on Craigslist. I took a lot of CLEs. I got a scholarship to the Family Law Symposium. I called the presenters with my questions, and they provided invaluable advice.

Those early cases still shine bright in my memory. One of my first clients became a friend who I still text with today. Another case taught me so many hard lessons that I’m glad that it happened early in my career, despite the disaster. All of them taught me more compassion and grit than I knew I had in me. It was hard. There were tears and sleepless nights. But I learned how to get through the uncertainty, anxiety, and falling flat on my face, and I’m better for it.

Stumbling into family law and having my own practice has been the biggest unintended gift in my life. I had little understanding of the real world before starting my practice. Life for me was very black and white, right or wrong. I discovered quickly that there are always at least two sides to any story. I also learned about the realities of marketing, overhead, billing, taxes, time keeping, and getting retainers. I discovered that I have an entrepreneurial spirit, and I really like this business-building thing.

I’ve been able to develop a practice that reflects what is important to me, not what someone else tells me to do. I strive to truly serve the community and my clients by reducing conflict and creating solutions instead of fighting. I don’t have to go to court just to bill more hours because someone else wants more money. I (usually) have balance between my family life and my work. I allow the same for my employees. I can make a positive difference in the world through my business, and I love it.

I could have never dreamed of the personal growth and emotional intelligence that I would gain as a result of the recession. When I graduated I had little emotional intelligence. I could be abrasive and abrupt. That doesn’t work when you’re trying to help people who are in grief, traumatized, or terrified. But I was open to change and growth, I found mentors to guide me, and that vulnerability was critical to my success. I didn’t let my ego get in the way of becoming a better lawyer, and a better person. I attended the mediation training, which profoundly changed me. I became involved with the Colorado Collaborative Divorce Professionals and am now the state president. My daughter has challenges that I never could have met without these skills. It often feels like those struggles were to prepare me to be the best mom I can for her.

I am now a radically better human being than I was when I graduated, in large part because of the recession. I am thankful every day for what my life has become. Face your challenge with the willingness to learn, to fail, and to find courage you never knew you had. You will succeed beyond what you can even imagine.

Meggin Rutherford ('09) reflects on her experience graduating law school during difficult economic times.

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Scholarship for Aspiring Public Defenders Reaches Milestone

Anonymous — Thu, 29 Oct 2020 18:31:26 +0000

Scholarship for Aspiring Public Defenders Reaches Milestone Anonymous (not verified) Thu, 10/29/2020 - 12:31

Julia Roth

Across Colorado—from Durango to Greeley—a growing cohort of public servants can trace their start to Dan Barash ('02) and his family.

After graduating from Colorado Law, Dan became a deputy public defender in El Paso County (Colorado Springs), where he worked for nearly two years before his untimely death at age 30.

Though Dan’s career in public service was tragically cut short, his legacy was just beginning.

Today, dozens of Colorado Law graduates are helping to carry on Dan’s commitment to social justice and representing the indigent as recipients of the Dan Barash Scholarship. Over the last 15 years, the scholarship has provided financial assistance for more than 30 alumni as they begin careers in public service. This fall, the scholarship reached a longstanding milestone—to fund a full year of tuition for two aspiring public defenders.

Dan found his way to Colorado the same way many of us do. He loved the outdoors, sunny days, skiing, and playing ultimate Frisbee. Among his proudest accomplishments was hiking to the top of Pikes Peak, a trek not for the faint of heart.

"Dan loved Colorado and felt at home there,” said his brother Dave Barash. "He found meaning there. Being in Colorado was a transformative experience for him."

Dan Barash ('02)

Though he originally planned on becoming a prosecutor, Dan found his calling in public service through the Criminal Defense Clinic and mentors like Pat Furman (’80). While serving as a public defender in Colorado Springs, he received the office’s Cousin Vinny Award. Just as Vinny Gambini did in the movie, Dan was able to secure a not guilty verdict for his client faced with the most insurmountable of odds.

"He found fulfillment in his career and loved his work as a public defender," Dave said. "It’s very difficult work, but he was proud to be in public service, helping the indigent and those less fortunate, and being able to give a voice to the underserved."

After Dan died, his family—parents Paul and Norma and brothers Dave and Jed—sought to take something positive from their loss. They decided to form a scholarship at Colorado Law for other students like Dan who aspired to be public defenders.

"We wanted to find more students who were like Dan, who had that passion for helping others and for working in public service to ensure justice for all and to help provide representation for those who needed it, much like Dan did," Dave said. The family also wanted to ensure that scholarship recipients could pursue the work they loved in public service by lessening the burden of paying back student debt.

They got to work, sending thousands of letters and personal notes to friends and family.

Doing so provided critical healing for the family, who found solace in collaborating on stories about Dan, working through their loss, and remembering his commitment as a public defender, Dave said.

"My father would write personal notes on every letter and sign every single one,” Dave said. "I think it really made a difference. People wanted to be a part of it. It’s been a labor of love."

Their outreach paid off. More than 2,000 donors have chipped in year after year over the last 15 years, including Dan’s classmates and other Colorado Law alumni, members of the Colorado legal community, and even the scholarship recipients themselves. There have also been many “friends of friends” donors, whom the family did not know personally, but who made generous donations after learning of Dan and the family’s fundraising efforts, such as parents of scholarship recipients and Colorado public defenders, Dave said.

To date, the Dan Barash Scholarship has awarded over $500,000 to 31 students and is the only privately funded scholarship at Colorado Law covering a full year of in-state tuition for two students. The family hopes to further grow the scholarship so that they are able to sustain these award levels in the future.

Carrying Dan’s Torch

What some of the Dan Barash Scholarship recipients are doing now

Lucy Ohanian (’07)
Chief Deputy, Colorado State Public Defender’s Office
Denver, Colorado

Effie Seibold (’07)
Training Director, Colorado State Public Defender’s Office
Denver, Colorado

The Hon. Vincente G. Vigil (’08)
Judge, 19th Judicial District
Greeley, Colorado

Melanie Gavisk (’09)
Assistant Federal Public Defender, Office of the Federal Public Defender, Districts of Colorado and Wyoming
Denver, Colorado

Katie Telfer (’09)
Deputy Public Defender, Colorado State Public Defender’s Office
Centennial, Colorado

Abby Kurtz-Phelan (’13)
Senior Public Defender, Colorado State Public Defender’s Office
Steamboat Springs, Colorado

Brent Larson (’14)
Assistant City Attorney, Denver International Airport
City and County of Denver

Becca Siever (’14)
Judicial Clerk, Judge Jaclyn Brown
Colorado Court of Appeals

Nichole Cristee (’15)
Deputy Public Defender, Colorado State Public Defender’s Office
Brighton, Colorado

Jamie Keairns (’15)
Office Head, Colorado State Public Defender’s Office
Alamosa, Colorado

Cayce Duncan (’16)
Deputy Public Defender, Colorado State Public Defender’s Office
Denver, Colorado

Kate Mattern (’16)
Deputy Public Defender, Colorado State Public Defender’s Office
Alamosa, Colorado

Erika Kuhl (’17)
Staff Attorney, The Legal Aid Society
New York, New York

Cameron Bedard (’18)
Deputy Public Defender, Colorado State Public Defender’s Office
Denver, Colorado

Ben Hand-Bender (’18)
Deputy Public Defender, Colorado State Public Defender’s Office
Golden, Colorado

Mallory Taub (’19)
Deputy Public Defender, Colorado State Public Defender’s Office
Durango, Colorado

Sydnie Teague (’19)
Deputy Public Defender, Colorado State Public Defender’s Office
��«��Ƶ, Colorado

As more Dan Barash Scholarship recipients graduate and apply to public defenders’ offices, the chances are increasingly likely that they will cross paths with a fellow Barash Scholarship recipient. This has created an informal network of community and mentorship among the scholarship recipients.

"We have recipients from 15 years ago hiring students at the Colorado Public Defender’s Office, and they recognize the significance of earning the Dan Barash Scholarship. They help mentor each other," Dave said.

One such example is Lucy Ohanian (’07), chief deputy of the Colorado State Public Defender’s Office and a 2006 recipient of the Dan Barash Scholarship. She has been promoted through the state’s public defender ranks and is now responsible for recruiting and hiring Colorado’s public defenders. Ohanian has been a great advocate for the scholarship, and even sought the support of the 900+ Colorado State Public Defender’s Office employees, Dave said.

Effie Seibold (’07), another early scholarship recipient, has risen through leadership ranks at the Colorado State Public Defender’s Office.

Seibold served as a deputy public defender and supervising attorney in the Golden office of the Colorado State Public Defender from 2007 until 2018, at which time she took on the role of training director. Over the course of her career, she has worked with three-quarters of the lawyers who have received the Dan Barash Scholarship. "Watching these amazing, talented students who stand for a righteous cause go on to become fierce public defenders has been so inspiring. They all make me want to be better," she said.

The tight-knit community of scholarship recipients was a touching and unexpected outcome of establishing the scholarship.

The Barash family reunited with many of the recipients at the 2016 Alumni Awards Banquet, where Dan’s parents, Norma and Paul, and brothers, Dave and Jed, were honored with the Richard Schaden Adopted Alumni Award in recognition of their support and commitment to Colorado Law students.

Dan Barash Scholarship recipients with members of the Barash family at the 2016 Alumni Awards Banquet.

"It’s a very heartwarming experience," Dave said. “Establishing Dan’s scholarship to help students follow in his footsteps is among the best things I’ve been a part of in my life."

The scholarship made Cameron Bedard’s (’18) dream of becoming a public defender a reality, allowing him to focus on defending the downtrodden rather than the struggle to pay back student debt.

"When you reflect on the make-or-break moments in life, there are some moments that just stand out as game changers," he said. “I still remember where I was when I received that email informing me I’d be receiving the Barash Scholarship: in the parking lot of the Jefferson County Courthouse moments after getting a verdict in a case I tried as a public defender intern. Two wins that day. One for my client and one that helped me get where I am today. Sincerest thanks to the Barash family." Reflecting on the careers of the Dan Barash scholars, Seibold said, "It is easy to see why they were chosen to receive the Dan Barash Scholarship, and they will no doubt continue this amazing legacy the Barash family has created to honor Dan’s memory. I think Dan would be proud.

In addition to financial support, the scholarship also serves as a reminder that, even on the most difficult days, scholarship recipients have a community of supporters rallying behind them.

"This job can be very difficult—emotionally, spiritually, and intellectually. It is easy to get down on yourself and forget why you became a public defender in the first place; it is easy to get lost in the daily grind and stress of litigation; and it is easy to get discouraged by the unfairness and injustice that occurs in the criminal justice system every day," said scholarship recipient Abby Kurtz-Phelan (’13), a senior public defender in Steamboat Springs, Colorado. "While I never knew Dan, his legacy and the group of amazing current and former public defenders who are a part of his legacy through the Dan Barash Scholarship, serve as a humbling reminder of why I do this work and why it is important to be resilient during some of those difficult moments in my work."

Recipient Jamie Keairns (’15) agreed: "The financial support of the scholarship is an incredible burden lifted with respect to public service work, and that can’t be overstated.

But being a Barash Scholar is more about continuing Dan’s legacy for the wonderful Barash family and joining a long line of public defenders who made this commitment in law school and continue to thrive as public defenders today."

For Dave, it’s all about continuing the cycle of generosity. When he talks to the scholarship recipients, he urges them to find a way to pay it forward: "Whether they’re in a position to financially give back or any other means they can help pay it forward—mentoring someone, helping a client in Dan’s memory—I encourage them to try to continue in their own way that ripple effect of helping others."

A thank-you note sent to supporters of the Dan Barash Scholarship L-R: Henry, Gill, Jed, Leah, Shari, Dave, Seth, Norma, and Paul Barash.

Editor’s note: After a long illness, Dan’s father, Dr. Paul Barash, died on June 8, 2020, in Orange, Connecticut. Dr. Barash was a leader in the field of anesthesiology and a member of the Yale Medical School community for almost 50 years.

"My dad was an absolute force behind our successful fundraising efforts by reaching out to his countless friends and colleagues, and he put in so much care and effort to personalize every donor letter. His leadership and vision for the scholarship was inspiring. Working with him, my mom, and my brother, Jed, to build Dan’s scholarship to support dedicated Colorado Law students and carry on Dan’s life’s work has been deeply rewarding. I let my dad know at the end that we reached our goal of two full scholarships, and I know he was proud."
—Dave Barash

To make a gift to the Dan Barash Scholarship Fund, please visit giving.cu.edu/barash.

To learn more about establishing a named scholarship at Colorado Law, please contact Peter Sanders, assistant dean for advancement, at peter.sanders@colorado.edu.

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Startup Colorado, a Silicon Flatirons Outreach Program, Rises to the Occasion During COVID-19 on Behalf of Rural Colorado

Anonymous — Thu, 29 Oct 2020 17:55:07 +0000

Startup Colorado, a Silicon Flatirons Outreach Program, Rises to the Occasion During COVID-19 on Behalf of Rural Colorado Anonymous (not verified) Thu, 10/29/2020 - 11:55

Margaret Hedderman , Startup Colorado Communications Manager

When the COVID-19 health and economic crisis swept across rural Colorado, it knocked startups and small businesses off their feet. Business owners were caught in the storm, suddenly realizing they’d never imagined a global pandemic or The Great Lockdown. Despite the economy’s largely going dark in March and April, we could still see flashes of light as entrepreneurs solved these new, historic problems.

As businesses hustled in fear, business support organizations sprinted to meet them at the front lines in every way they could. At Startup Colorado, an outreach program within the Silicon Flatirons Center at the University of Colorado Law School, we immediately adapted our tactics to serve entrepreneurs and business support agents across the rural parts of the state.

As an ecosystem-building organization with strong relationships and established trust, we engaged with statewide and regional partners, including the Colorado Office of Economic Development and International Trade and the Colorado Small Business Development Center, to organize weekly crisis resource calls for business owners.

These calls provide up-to-date information for response and recovery, plus advice from regional, state, and national thought leaders and business experts. At one point, Sen. Michael Bennet’s office joined the call to offer encouragement to rural business owners. These regional calls reach an average of 400 business owners and rural community leaders each week.

Before the pandemic, the Startup Colorado team was on the road, facilitating events and networking opportunities in rural communities. As with other grassroots organizations, the shutdown demanded that we rethink our outreach strategy and focus more on digital storytelling. Therefore in addition to the resource calls, we launched the second season of our Startup Colorado podcast to focus on crisis solutions for entrepreneurs, by entrepreneurs. We interviewed business owners throughout the state, highlighting their evolving business strategies, struggles, and successes. From restaurant owners to packraft manufacturers, we featured the gamut of entrepreneurs across the state who were beacons of light in the storm.

Charting ahead into an uncertain and socially distanced world, the Startup Colorado team is diligently expediting development of a new network tool for Colorado’s rural entrepreneurs. This virtual network will connect entrepreneurs to one another beyond communities in an effort to expand regionalization and connection through aligned interests and behaviors. This platform is the result of an in-depth study conducted with the help of statewide ecosystem builders and entrepreneurs alongside support from our intern through CU’s Leeds School of Business. The goal is for this new platform to create density where it doesn’t exist, foster a self-propagating network, and build a more coordinated playing field on behalf of rural entrepreneurs and the communities they call home.

Looking back at these tumultuous months, a pattern reveals itself. Colorado’s rural entrepreneurs refused to be identified as the victims of a crisis.

Looking back at these tumultuous months, a pattern reveals itself. Colorado’s rural entrepreneurs refused to be identified as the victims of a crisis. Josh Niernberg, owner of two restaurants in Grand Junction, changed his business strategy overnight in response to the coronavirus situation. The MakerLab in Durango transformed its volunteer makerspace into a personal protective equipment manufacturer overnight. Colorado’s entrepreneurs responded to this crisis by solving each new problem, changing their businesses, and starting new ones.

We proudly continue to serve and look to our entrepreneurs to rebuild more resilient and sustainable rural economies. Small businesses comprise over 64% of new jobs in the United States, and 89% of small businesses have 15 employees or fewer. At Startup Colorado, we believe our rural communities harbor an inherent genius that can only be found from a life lived farther off the beaten path and that in the face of challenge, we are all in good hands with our innovators, creatives, and entrepreneurs. As we take each day as it comes, Startup Colorado will continue to work with entrepreneurs and ecosystem builders throughout the state to help these change makers survive and thrive.

Several dedicated staff at Silicon Flatirons and Colorado Law make Startup Colorado’s impact possible. Special thanks to Brian Lewandowski, Erick Mueller, Sean Quinlan, Amanda Rochette, Jonathan Sibray, Amie Stepanovich, and any others we forgot to mention here.

How Startup Colorado, an outreach program within the Silicon Flatirons Center at the University of Colorado Law School, adapted its tactics to serve entrepreneurs and business support agents across the rural parts of the state.

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Silicon Flatirons Series Highlights Legal Perspectives on Physical Distancing and Its Impact

Anonymous — Thu, 29 Oct 2020 16:40:14 +0000

Silicon Flatirons Series Highlights Legal Perspectives on Physical Distancing and Its Impact Anonymous (not verified) Thu, 10/29/2020 - 10:40

Amie Stepanovich , Silicon Flatirons Executive Director

In May and June 2020, the Silicon Flatirons Center for Law, Technology, and Entrepreneurship at Colorado Law hosted a free, four-part CLE series on Legal Perspectives on Physical Distancing and Its Impact. Speakers included top attorneys from private industry, nonprofit organizations, academia, and law firms from across Colorado and the U.S.

The first two segments focused on ethics, the increased need for pro bono work, and considerations around privacy, security, and ethics in the new remote work environment resulting from COVID-19. In moderating panel one, Lynne Hanson (’88), partner at Moye White LLP, recognized the ethical responsibility that attorneys have to provide legal services to those unable to pay and the growing need for legal help in the current economic climate, particularly in the areas of housing, bankruptcy, family law, and elder law. In addition to exploring the need for pro bono work, speakers discussed its value for professional development and exploring new issues, how to seek out and explore pro bono opportunities, and avenues for people who may need pro bono assistance.

The second session covered much ground on how attorneys may need to adapt in their new work environment to continue to meet other ethical obligations, with a focus on privacy and security considerations. The session came in the wake of Bitglass’ 2020 Remote Workforce Report that found that 84% of employers wanted to continue to support greater remote work options even after the public health crisis subsides. Melanie Kay, instructor and director of the Daniels Fund Ethics Collegiate Program at Colorado Law, provided an in-depth review of the ethics rules, starting with a recognition that even in a remote environment, ethics requirements do not change. Discussions covered tools, techniques, and resources to protect individual and client privacy, and security of documents and communications.

The third part of the series delved into hiring and onboarding new attorneys and other employees remotely, covering the process of finding a job, interviewing, onboarding, and handling job cancellations. Speakers pointed out the importance of new attorneys, or those looking for a professional transition, feeling empowered to reach out to others for digital networking, as many value and welcome those connections during this time of virtual work.

Speakers emphasized employer investment in inclusion for new employees in a remote environment, including regular check-ins and mentorship. “Any efforts that, as employers, we can make to connect people to folks who may have similar backgrounds or identities . . . is really terrific so that people looking at jobs can ask, ‘What’s it like for you with this identity in that location and position?’” said Whiting Dimock (’96), senior assistant dean of students at Colorado Law.

Finally, the last session covered special needs and considerations for startups, moderated by Silicon Flatirons Entrepreneurship Initiative Director and Colorado Law Associate Professor Brad Bernthal (’01). Speakers discussed the dynamic and changing environment for small businesses, and the difference in competencies among state, local, and federal government agencies in responding to different facets of the crisis.

The series kicked off Silicon Flatirons’ new emphasis on dynamic content that provides insightful and useful information that is highly relevant in the current environment. To stay up to date on upcoming developments, visit siliconflatirons.org.

Watch event recordings:

The Silicon Flatirons Center for Law, Technology, and Entrepreneurship at Colorado Law hosted a free, four-part CLE series on Legal Perspectives on Physical Distancing and Its Impact.

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Legal Education in the Time of COVID-19

Anonymous — Thu, 29 Oct 2020 16:14:50 +0000

Legal Education in the Time of COVID-19 Anonymous (not verified) Thu, 10/29/2020 - 10:14

Julia Roth

The Colorado Law community finds innovative ways to support one another during the coronavirus pandemic.

Student competitors at a socially distant and livestreamed Rothgerber Moot Court Competition on March 17, 2020.

Teaching With Heart

In 2008, Associate Professor Rabea Benhalim was preparing to graduate from law school in pursuit of a career in litigation. The financial crisis changed all that.

"I remember my classmates getting calls that their job offers had been revoked," she said. "I could remember the stress of it all, thinking, oh, my gosh, did I just take on all this debt that I can’t pay back? I remember the terror."

She was asked to defer her postgraduate associate position for a year and a half, and by that time there were no open positions for litigators at the firm. "The firm informed me that to work there, I needed to be a transactional attorney," she said. So she pivoted, never expecting that a decade later she’d be happily teaching Secured Transactions and Contracts.

When the COVID-19 pandemic began, Benhalim asked herself what she wished her law school professors had done for her during 2008 and 2009. She started with a student survey.

"I asked if students were experiencing any food or housing insecurity, and how they were doing generally," she said. "Once I had the survey results, I saw the range of student experiences—some were taking care of parents, others were in a one-bedroom apartment with children, some were potentially facing eviction. Others had full-time jobs waiting for them that were now in question. Recognizing students’ struggles in their own words was important.”

"My primary goal is that students have a really robust understanding of the law and they feel loved in that process."

Then, leveraging her own experience taking Zoom classes and connections made with law school faculty across the country, Benhalim adjusted her syllabus to be more conducive to online learning. This included new assignments to encourage engagement outside of class, in-class discussions through Zoom breakout rooms, and a class session devoted to secured transactions in the news.

Students selected and discussed articles about topics like home loans, the state of oil and gas markets and how those secured transactions worked during previous dips, and how big-box retailers have been impacted—all ways to connect the class to the present moment.

"One important part for students entering a competitive job market is to be able to speak intelligently in real time about what’s happening in the world," she said. "With secured transactions, there’s a lot happening in regard to foreclosures, loan rates, and renegotiation of terms."

For Benhalim, it was critical to recognize that students were going through a phenomenally challenging time.

"I tried to devote at least five minutes at the beginning of class to check in and see how they were doing," she said. “I created links on our class webpage to mental health resources and the Law Student Emergency Needs Fund. I talked to them about what members of my own family went through. I tried to reduce the stigma and let them know they’re not alone in feeling really challenged. It felt important for the students to know that I know they’re human beings."

And then there were farm animals. On the last day of class, and for some the last day of law school, Benhalim replaced her usual baked good- laden celebration with a surprise virtual visit with farm animals from Clover Brooke Farm in upstate New York. Students and their family members gathered around Zoom to visit with bunnies, goats, llamas, and alpacas.

"My primary goal is that students have a really robust understanding of the law and they feel loved in that process," she said. "This was my gift to them."

A virtual visit with farm animals on the last day of Professor Rabea Benhalim’s Secured Transactions class.

Changing Client Needs

The pandemic presented unique challenges to each of Colorado Law’s nine legal clinics, but changing client priorities and the need to find creative solutions was a constant thread.

"I am proud of the way Colorado Law students, even amid their own set of challenges, offered empathy and substantive help to entrepreneurs under distress."

As the pandemic spread, the Entrepreneurial Law Clinic became an exercise in helping clients navigate emergencies at a time when student attorneys’ lives turned upside down, too, said Associate Professor Brad Bernthal ('01).

"I am proud of the way Colorado Law students, even amid their own set of challenges, offered empathy and substantive help to entrepreneurs under distress," Bernthal added.

In the Samuelson-Glushko Technology Law and Policy Clinic (TLPC), “almost everything we worked on was inflected with COVID-related issues,” said Clinical Professor Blake E. Reid ('10).

The TLPC continued its long-term work on closed captioning issues by working with federal officials on accessible emergency briefings. This effort including helping people who are deaf or hard of hearing report issues with the visibility of American Sign Language interpreters in livestreams presented by state governors.

Another major concern of TLPC clients was the accessibility of the shift to telework and telehealth for people who are deaf and hard of hearing.

"The experience of going to the hospital always raises accessibility issues. But during COVID, it can be even worse if you can’t get a qualified interpreter or access to the tools you need to communicate with doctors," Reid said. To help deaf and hard of hearing patients who need to go to the hospital or attend a telehealth appointment, the clinic helped draft consumer guides that were distributed nationwide.

The Sustainable Community Development Clinic’s work with mobile home owners also took a COVID-related turn. The pandemic put a damper on responses to the Colorado Department of Local Affairs’ recently launched dispute resolution program, intended to provide a mechanism for mobile home residents to address pent-up frustration with park owners.

The clinic planned on conducting information sessions around ��«��Ƶ County last spring to teach mobile home owners how to file complaints and address questions. Those sessions had to be canceled due to public health guidelines, and the clinic is now looking at other ways to collect community feedback.

The clinic also fielded questions from its small-business clients related to regulation of home school operations and evictions, particularly around the time that Gov. Jared Polis issued an executive order discouraging evictions and foreclosures for residential and commercial real estate properties, explained Professor and Director of Clinical Programs Deborah Cantrell. The clinic will continue to serve as a community resource as the situation develops.

Boot Camp Prepares Students for Burgeoning Practice Area

With the pandemic catalyzing a "tsunami" of expected consumer and business bankruptcy filings in the near future, Professor Erik Gerding recognized an opportunity to prepare Colorado Law students to meet the impending demand for high-quality legal representation in this area.

For six weeks over the summer, Colorado Law students and recent graduates got a crash course in bankruptcy law through a virtual brown bag series taught by legal experts and federal bankruptcy judges.

"There will be an incredible need for young lawyers, both litigators and transactional attorneys, to deal with this crisis . . . It also presents an opportunity for service to respond to what is becoming both an economic and a social justice emergency, as households and small business owners struggle to recover."

"The COVID-19 crisis will likely create a legal emergency, with a tsunami of bankruptcy filings from individuals and small businesses, as well as larger businesses," Gerding said.

"There will be an incredible need for young lawyers, both litigators and transactional attorneys, to deal with this crisis. This is an area with growing job opportunities. It also presents an opportunity for service to respond to what is becoming both an economic and a social justice emergency, as households and small business owners struggle to recover."

Nearly all of the federal bankruptcy judges in Colorado and New Mexico signed on to teach sessions, in addition to Colorado Law Associate Professor Nadav Orian Peer and law professors at Tulane, Brooklyn College, and the University of New Mexico. Topics ranged from the basics of bankruptcy law and general practices to major players and how to find a job in the field.

In the early stages of the pandemic, many lenders were able to work with their borrowers. But eventually the lenders themselves will come under pressure and then a domino-like wave of filings will occur, explained the Hon. Elizabeth Brown ('86), a judge for the U.S. Bankruptcy Court for the District of Colorado and Colorado Law adjunct professor who taught brown bag sessions. When it does, lawyers will need to transition into collection, insolvency, and bankruptcy work.

"Few law firms in the Rocky Mountain region have staffed bankruptcy departments these days. And there are even fewer young attorneys trained to assist in bankruptcy cases," Brown said.

"Today’s bankruptcy bar is an aging bar, with most attorneys at or nearing retirement age. This is a wonderful opportunity for new lawyers to step into this breach. We know that bankruptcy is a difficult area of law to learn on the fly, and we want to help train new attorneys."

Ryan Boepple ('21) was somewhat interested in bankruptcy law before this, but given the situation surrounding COVID-19, he said it now seems like bankruptcy will be an important area of the law to be familiar with as he enters practice in about a year.

"The bankruptcy brown bag series was a great way for students to be introduced to bankruptcy law by allowing us to hear firsthand from bankruptcy judges and professionals in the field. Most of us are either out of work or working remotely, so it was a welcomed opportunity for students to continue to learn and stay engaged during the summer months," he said.

Gerding hopes the boot camp will encourage students and recent alumni to seriously consider a career in bankruptcy law and serve as a pipeline to get students into the field.

"Lawyers are needed and still incredibly valuable and have a very important role to play,” Gerding said. "We want to show students that this is an area where they can make a difference."

Connecting During Crisis

Amber Paoloemilio ('20)

COVID-19 wasn’t the first time Amber Paoloemilio (’20) used service as a way to work through difficult emotions. As an LGBTQ organizer from Orlando during the 2016 Pulse nightclub shooting, Paoloemilio, who uses the gender-neutral pronoun "they," immediately sprang into organizing mode, seeing what people needed, and connecting with those grieving.

"I’m used to jumping into service in order to cope with emotions. It makes me feel more connected to people and what they’re going through," they said.

Something similar happened with COVID-19.

After classmate Ariel Amaru (’20) sent around an email with a few volunteer opportunities, Paoloemilio put them in a Google doc and thought their work was done.

"Suddenly, I found myself online, calling people, finding out who needed help, finding Facebook groups," they said. The culmination was a document brimming with opportunities to get involved, which they shared with the Class of 2020.

"It was a helpful way to cope. Not only was I seeing people asking for help, they were also mentioning how they were feeling about going through all of this," Paoloemilio said.

"It was a helpful way to cope. Not only was I seeing people asking for help, they were also mentioning how they were feeling about going through all of this."

The week of spring break, Paoloemilio planned to travel to El Paso, Texas, with the Immigration Law and Policy Society to work with asylum-seekers. When their trip was canceled, they redirected their energy to helping transgender women who were being released from the U.S. Immigration and Customs Enforcement (ICE) detention center in Aurora. Paoloemilio heard of a need for clothing for these women.

Together with Amanda Blasingame (’20) and Corian Zacher (’20), Paoloemilio collected six suitcases full of clothes, shoes, and other supplies from their classmates, which they delivered along with masks that Zacher made.

In coordination with the Rocky Mountain Immigrant Advocacy Network, Paoloemilio also picked up transgender women released from ICE, bringing them to their next destination, often a hotel or the airport, or to Paoloemilio’s apartment for a meal and conversation.

"There’s something so powerful about learning from an individual who has been in a detention center for months or years. They are almost always fleeing something terrible and scary. Additionally, as someone who identifies as nonbinary myself, I relate to trans women personally. It was and is so powerful to hear their stories, and also frustrating and angering. It’s important for folks to see a friendly face when they are first released, and I am happy to be that person," they said.

As far as completing the last semester of law school under quarantine, Paoloemilio has taken it in stride. They’ve stayed balanced with the support of classmates and professors, noting that classmates have stepped up to share outlines and notes, and regularly called in to check in on each other.

"As stressful as COVID has been for my last semester, I am thankful to have finished the semester with all my classmates being helpful to each other and making sure everyone’s OK."

Together, Apart

Even under difficult circumstances, the law school community found ways to come together while maintaining proper physical distancing.

One welcome respite came in the form of a virtual trivia series, organized by Assistant Dean for Employer Relations and Outreach Marci Fulton (’04) and Professor Fred Bloom.

Nearly 300 students, faculty, staff, and loved ones tried their knowledge in categories spanning history, pop culture, and yes—the law. Thirty-five members of the incoming Class of 2023 also participated, providing a means of meeting fellow classmates and other members of the Colorado Law community before starting school.

Once the school went remote, Fulton started reading about the creative and interesting ways that others were using remote platforms to connect and was inspired to try putting something together for Colorado Law.

"Prior to COVID, I had talked to Matt Seligman (’21) about getting a law school trivia team together for the summer. I started thinking about how pub trivia might work in a remote format and got really excited about seeing if I could make it work. Once we got our excellent trivia master, Professor Fred Bloom, on board, everything else just came together. I actually didn’t realize how much I missed our community until I saw those faces in 125 screens on Zoom during our first event," she said.

Law students, faculty, and staff at virtual trivia night

With support from Dean S. James Anaya, Fulton also launched Colorado Law Cares, a community exchange that pairs volunteers in the Colorado Law community with those in need of assistance. This contactless volunteer network connected faculty, staff, and students willing to donate food and household supplies, run necessary errands, drop off collected items, advocate for those in need, or talk to people to help stave off feelings of isolation.

"I wanted a place where law students could come to seek support," Fulton said. "Colorado Law Cares provided a means of communicating specific volunteer opportunities and requests for assistance to an identified core of those willing to help."

The move to online events allowed Colorado Law to engage audiences from around the world. The Byron R. White Center for the Study of American Constitutional Law’s April Rothgerber Conference marking the centennial of women’s suffrage welcomed nearly 300 attendees, the most in the event’s history.

Colorado Law Talks have also seen a leap in attendance, with each lecture attracting as many as 400 participants from across the country and abroad. Recent talks have included timely discussions on immigration and citizenship, wrongful convictions, and leadership during a time of crisis.

Even moot court competitions transitioned to a hybrid format. The Rothgerber Moot Court Competition on March 17, normally held in Wittemyer Courtroom, relocated to the Colorado Supreme Court. Student competitors Paul Chin (’21), Aja Robbins (’21), Neil Sandhu (’21), and Danielle Trujillo (’21) argued before 10th Circuit Court of Appeals Judge Allison Eid, Colorado Supreme Court Justice Richard Gabriel, and Colorado Court of Appeals Judge Jaclyn Brown during a livestreamed hearing—all while maintaining proper social distancing.

The Road Ahead

While the full economic and societal effects of COVID-19 are still unfolding, Colorado Law students are in as good a position as anyone to ride out the storm and find their way into different career niches.

"Colorado Law students are as well-versed as anyone can be at charting what the ‘next normal’ looks like,” Clinical Professor Blake E. Reid said. “Our graduates have long contended with and navigated their way through challenges and come out on the other side with a diverse range of interesting careers. We've always focused on supporting them in doing that. As new opportunities present themselves, our graduates will be in a good position to find their way, and we’ll be there to support them."

The Colorado Law community finds innovative ways to support one another during the coronavirus pandemic.

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Crossing the Threshold: The Case for Dismantling Systemic Inequality

Anonymous — Tue, 27 Oct 2020 22:46:11 +0000

Crossing the Threshold: The Case for Dismantling Systemic Inequality Anonymous (not verified) Tue, 10/27/2020 - 16:46

A. Tyrone Glover ('09)

My earliest memories are of family road trips to see my grandparents in the South. We would drive from upstate New York to my mother’s hometown, Rock Hill, South Carolina. My grandfather owned a service station in town, and we would stop there on the way into town. My grandfather, smiling, covered in grease, would walk out of his service station to swiftly produce my favorite soda from the station’s vending machine—a Mello Yellow.

I later learned that wasn’t the original location of my grandfather’s service station. For nearly 30 years, he owned a different service station right off the highway in a bustling Black business district called Black Street. But "redevelopment" and the laws that came with it uprooted this thriving district and displaced the Black business owners and residents so white developers could move in.

Gentrification under the guise of community improvement forced my grandfather and his fellow business owners off the main roads into less lucrative locations where their businesses never financially recovered. Rock Hill has since acknowledged this injustice and erected a monument in honor of the displaced community, including a photo of my grandfather.

I have directly experienced racism in many ways. But systemic racism is a special kind of beast. It is often cloaked with a well-meaning veneer—appearing to be race-neutral or colorblind. It is often promulgated by well-intentioned people who point to things like public safety or community vitality as a justification. But a common denominator for the misguided decisions that have led to unfair systems is the lack of stakeholder inclusivity and equity at the decisionmaking table. The very people with a stake in these decisions are not in the room, or they are and their voices carry no weight. Imagine if the business owners of Black Street were at the table and had a say regarding the "redevelopment?"

The greatest evidence of systemic racism’s travesty of justice relates to policing, our criminal justice system, and the mass incarceration of Black men. The first time I set foot in a Colorado courthouse, I was a 1L at CU. I recall touring the courthouse, visiting various courtrooms and judges’ chambers. But I will never forget the fifth floor, where all the jailed people waited to be led, shackled, down hallways to court appearances. That day, in the Denver courthouse, I was confronted with the old-fashioned jail cells, packed with faces of color. I looked down the hallway of that holding cell area. Both sides were lined several people deep with Brown and Black men looking back at me. The images of the inside of a slave ship were eerily similar. That was 2007.

"It is time for lawyers to cross the threshold of just being not racist to now being against racism. To not just talk and strategize, but to act boldly as allies and leaders."

The injustices at Black Street and of mass incarceration are not demonstrative of a broken system. They are of a system that did, and continues to do, what it was designed to do. Whether the architects of this system intended these results is debatable. What is not in controversy is that the communities these systems harm were not in the room in a meaningful way when they were created. Calls to action to address systematic racism and inequality are the loudest I have witnessed in my lifetime. George Floyd, the Black Lives Matter signs lining my street—our society is focused on addressing the challenges and opportunities this moment demands. Lawyers are uniquely situated to change our systems. We will undoubtedly be in rooms and at tables where decisions are made that can make our society a better, more inclusive, and equitable place. Will we be inclusive of all the people these decisions affect? Will we advocate for their voices to be heard? I hope history will say our answer was yes. It is time for lawyers to cross the threshold of just being not racist to now being against racism. To not just talk and strategize, but to act boldly as allies and leaders.

My oldest son is 5 and has been asking about his skin color. I struggle with how to eventually tell him we were captured, enslaved, and tortured for 300 years, and that some people just hate us, as I will inevitably have to. But I find myself excited and proud to tell him about generations of our family who have stood strong in the face of oppression to improve our collective condition. As I struggle to respond, I wonder what he will tell his sons?

A. Tyrone Glover (’09) is a civil rights and criminal defense lawyer in Denver, Colorado.

By A. Tyrone Glover ('09)

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Inclusiveness a Necessary Ingredient in Diversity Efforts

Anonymous — Tue, 27 Oct 2020 22:38:14 +0000

Inclusiveness a Necessary Ingredient in Diversity Efforts Anonymous (not verified) Tue, 10/27/2020 - 16:38

Kathleen Nalty ('85)

Like many people who go to law school, I wanted to right social wrongs. This lifelong passion took hold when I was 5 years old while living in Alabama. One day my mother took my sisters and me with her during her volunteer health work with families in the community. I remember pulling up in front of a shack in the middle of a field and watching as several Black children ran outside to greet us. They took us inside and we sat down to play with their only toy—a board game in pristine condition. Witnessing the living conditions of this family turned my soul inside out. Later, I became deeply angry when I learned about slavery in school and figured out that what I was confronted with that day were the vestiges of slavery. That led me to decide to become a lawyer.

After attending Colorado Law, I moved to Washington, D.C., to work as a federal civil rights prosecutor for the U.S. Department of Justice, where I prosecuted cases involving hate crimes, police brutality, and slavery.

After returning to Colorado, I co-chaired the Colorado Lawyers Committee’s Hate Violence Task Force, worked extensively with the Colorado Pledge to Diversity Program, and founded the Rocky Mountain Legal Diversity Job Fair. I was also active with the Colorado Bar Association’s Diversity Committee, co-chairing the committee and the first diversity conference in the Denver legal community.

In 2006, I persuaded the deans of both law schools in Colorado—David Getches and Beto Juárez —to establish the Deans’ Diversity Council, which consisted of leaders in the Denver legal community. That initiative led a group of local legal thought leaders, including the deans, to establish the Center for Legal Inclusiveness. I was the founding director and led the nonprofit for over five years in its effort to focus the legal profession on the new paradigm of inclusion.

Traditional diversity efforts practiced by legal organizations simply do not work without inclusiveness. Bringing people from underrepresented groups into organizations that do not have a culture of inclusion leads to a revolving door syndrome with lawyers in underrepresented groups experiencing much higher attrition rates. In turn, this has led to a shocking lack of representation in the legal profession.

For instance, we lawyers are in a perpetual race to the bottom of the racial and ethnic diversity list compared with other professions in the U.S. (see table). I have tracked this data for over 10 years, and we have never gotten out of the bottom three. This causes me great frustration and shame since we lawyers are the guardians of equity and justice in our society.

Now, as a consultant, I specialize in educating leaders in law firms, corporate law departments, and government law offices so they can follow through on their good intentions when it comes to advancing diversity, equity, and inclusion. This is critical because leaders are the only ones who can lead the change necessary to root out systemic bias and inequities, require inclusive behaviors, and change the culture to be more inclusive. I wrote a book, Going All In on Diversity and Inclusion: The Law Firm Leader’s Playbook, to give leaders the tools they needed to institute real change. Educating leaders about unconscious bias and how to uncover hidden inequities in their organizations makes a big difference. Leaders also need to learn about the research regarding the business case. While advancing diversity, equity, and inclusion is always the right thing to do, it turns out that it is the key to organizational success.

Society is finally at a tipping point on racial injustice. I believe we are going to see significant changes as a result—and not just on race but on many other kinds of inequities. Will the legal profession step up and clean its own house? Will we lawyers be out front leading the way as the guardians of equity and justice?

Kathleen Nalty (’85) is a nationally recognized expert in strategies for creating cultures of inclusion to retain and advance talent, especially in legal organizations. In 2007, she helped found the Center for Legal Inclusiveness, of which she served as executive director until 2013.

By Kathleen Nalty ('85)

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A Pipeline to Success: Law School…Yes We Can Increases Diversity in the Legal Profession

Anonymous — Tue, 27 Oct 2020 22:31:03 +0000

A Pipeline to Success: Law School…Yes We Can Increases Diversity in the Legal Profession Anonymous (not verified) Tue, 10/27/2020 - 16:31

The Hon. Christine M. Arguello

The back door to the lecture hall loudly creaks open. The 150 law students in my small section, in one collective movement, shift their intense focus from our Contracts professor to the person standing in the now-open entryway.

"Christine Arguello? Is there a Christine Arguello in here?"

I sheepishly raise my hand.

"I’m sorry, but there’s been a mistake. We got your file confused with that of Ms. Aguilera, and you should not have been admitted to law school."

And in one devastating moment, I am found out. I am a fraud. I am not good enough. I will not become a lawyer.

And then I wake up in a sweat from this recurring nightmare.

Why would I have such a fevered dream? Because at that time, I bought into the belief of others—that I, a first-generation high school graduate from a lower economic background, could never make it through college, much less be admitted to Harvard Law School.

I set my sights on attending Harvard Law School and becoming a lawyer when I was only 13 years old, after reading an article about lawyers and law schools. My thought process was fairly simple—lawyers liked to argue; I liked to argue. And I usually won my arguments, so I would be a good lawyer. Harvard was considered one of the best law schools in the country, and that is what I wanted for myself—the best.

Until my junior year in high school, I never doubted my ability to achieve such a lofty dream because I have always had a can-do attitude. Unfortunately, I made the mistake of sharing my dream with my classmates at Buena Vista High School.

When asked what my plans were after high school, I candidly said, "I’m going to be a lawyer, and I am going to attend Harvard Law School." I expected the same support that others received from my classmates when they shared their dreams, but instead I was met with silence—a very awkward silence—followed by the ridiculing laughter of my classmates. "Hahaha, Chris Martinez thinks she can go to Harvard!"

It was a drowning, delegitimizing laughter that cut me to the bone and which still brings tears to my eyes when I recall it today, 48 years later. Both experiences—the real laughter and the fake administrator—are at the core of why I founded Law School…Yes We Can, a law school pipeline program that works with students who come from backgrounds similar to mine and who are underrepresented in the legal profession. Our Fellows, many of whom are also first-generation high school and college graduates, face the same obstacles that I faced in making a law degree a reality.

"The perception of inequity in our justice system erodes the fundamental principle that we can all expect 'equal justice under the law.'"

The first obstacle is rooted in external forces. Our Fellows are locked out of many opportunities to make themselves better candidates for law school admission because they lack the knowledge or social capital necessary to, for example, secure the right internship, emphasize strengths on a résumé, or approach the right college professor about a letter of recommendation. This obstacle can, in part, be a function of poverty. But more often, it is derived from something similar to what happened to me in high school. Our Fellows are turned from the law school path because someone decides that they do not fit the mold of what a lawyer looks like. And so they do not get the right internships, have trouble creating common ground with the professor, or are constantly questioned about the wisdom of pursuing a profession in which there are few people who look like them.

The second obstacle—intertwined with the first—is far more pernicious. It’s internalizing a message to the Fellows that they do not belong in the lawyerly class. It’s the ghost of an administrator dragging you from the law school lecture hall—the one who tells you that, given where you’ve come from, any success is just a fluke, a mistake, or a short-term thing.

These twin obstacles lead to an enduring and disturbing reality of our legal profession: It thwarts many students like the LSYWC Fellows from pursuing law school, which in turn makes the lawyerly class less diverse than the population bound by its laws, which in turn undermines the rule of law. Indeed, it is the perception of the general population that only an elite and moneyed few have the ability to join the ranks of the legal profession, and these are the people who write and enforce our laws. The perception of inequity in our justice system erodes the fundamental principle—etched in stone above the entrance to our highest court—that we can all expect "equal justice under the law."

LSYWC is designed to address the obstacles that students from diverse backgrounds continue to face, with the ultimate goal of changing the face of the legal profession in Colorado. Concretely, we provide our Fellows with three mentors (two lawyers/one law student) who shepherd the Fellows through their undergraduate careers, serve as sounding boards, and position them to be competitive law school applicants. We also provide the Fellows with intensive programming—from résumé-building workshops to a free LSAT prep class—designed to even the playing field in the law school admissions dance.

Equally important, LSYWC is designed to counteract the dangerous message that many students from diverse backgrounds internalize—that they cannot become lawyers. We counteract those negative, internalizing messages with constant, legitimizing, and communal encouragement of our Fellows’ dreams. In stark opposition to the humiliation and belittling our Fellows might otherwise encounter solely because they wish to pursue these countercultural dreams, the LSYWC community offers a communal, "Yes We Can" (or in Spanish, "Sí Se Puede").

The hard work of more than 200 LSYWC mentors who have supported our Fellows over the first six years of our organization’s existence is starting to pay off. Two of the Fellows in our inaugural class are set to graduate from law school this spring—Tomás Manriquez, from Colorado Law, and Viridiana Valdez, from DU Law. And there are now a number of other Fellows behind them in the pipeline, including Larissa Alire and Lexi Clark, both of whom started at Colorado Law this fall. If you are interested in making a concrete and lasting contribution to increasing the diversity of our legal profession, I encourage you to learn more about our program and how you can support it, including by becoming a mentor, at lawschoolyeswecan.org.

Judge Christine M. Arguello sits on the bench of the U.S. District Court for the District of Colorado. She obtained her undergraduate degree from CU ��«��Ƶ, served as legal counsel for the CU ��«��Ƶ campus, and taught bankruptcy law at Colorado Law for several years. In 2017, she received the Richard Schaden Adopted Alumna Award in recognition of her many contributions to Colorado Law.

By The Hon. Christine M. Arguello

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A Place at the Table

Anonymous — Tue, 27 Oct 2020 22:13:58 +0000

A Place at the Table Anonymous (not verified) Tue, 10/27/2020 - 16:13

Lorenzo A. Trujillo ('93)

You may remember when you were a child and had to sit in another room at a smaller table while the adults ate in the dining room and engaged in meaningful conversation about family, politics, events, and life. Or worse yet, you were told that children are to be seen but not heard. As a child, it was a rite of passage to be invited to sit at the table with the adults. It meant acceptance. It meant that your thoughts were valued and that you had come of age as a member of the society of adults. It also served to establish a hierarchy of order and societal discipline. In each profession, especially law, it is the same. As diverse members of society, there must be a place at the table of the legal profession for trust and confidence in the system to exist. America’s diverse population requires representation from a legal profession that reflects the voice and worldview of all Americans.

Diversity matters because being a diverse profession allows attorneys to reflect the cultures, values, and diversity of our clients, and to bring competence of different cultural, racial, ethnic, religious, and gender perspectives to bear to more effectively solve problems for our clients and the community.

In recent times, we have seen the impact of racism and lack of representation in police departments and other government offices. The deep and reverberating outcry from the Black Lives Matter movement that has risen in America demonstrates the importance of representation at every level of American life. Documentary after documentary provides evidence of the lack of acceptance and equal status under the law in America since the days of slavery. As seen in the recent killings of George Floyd in Minnesota and Ahmaud Arbery in Georgia, our citizens are being killed under the guise of law enforcement, and we are witnessing case after case of our institutions ignoring self-disciplinary action.

Numerous documentaries and records underscore the institutional racism and prejudice that have a longstanding history in America. If you have not seen the Netflix documentary 13th, it is worth the time to gain an understanding of how the legal profession has upheld an unjust system that fails to meet the basic tenets of the U.S. Constitution. Titled after the 13th Amendment to the Constitution, adopted in 1865, which abolished slavery throughout the U.S. and ended involuntary servitude except as a punishment for conviction of a crime, the documentary explores the intersection of race, justice, and mass incarceration in the U.S.

As minorities in America, we are systematically excluded from “the table” through overt and covert actions of the majority. Our systems have failed to rise to meet the basic tenets of equal justice under the law as our founders proclaimed. It is more important than ever that diverse youth be accepted to law schools and that they enter the profession to represent an increasingly diverse society.

Some will say that there have been major strides to increase representation in the profession. Often law firms point to the hiring of diverse lawyers. However, the data is clear that although they may attract a few attorneys from different backgrounds, the retention numbers are dismal. Hiring partners often claim there are not qualified applicants.

"As diverse members of society, there must be a place at the table of the legal profession for trust and confidence in the system to exist.”

These pipeline issues are the focus of a nonprofit organization, Law School...Yes We Can, which prepares aspiring undergraduates to enter into law school and to succeed as young attorneys to partnership in the firms. As the first board president of Law School...Yes We Can, our goal was to put together a team of judges, attorneys, and law students committed to filling the pipeline of future attorneys. But this is just a beginning. In July, The Denver Post published a data-driven exposé of the lack of attorneys and judges of color, and the detrimental impact of a system that fails to promote qualified applicants.

Diverse lawyers will see the world through the lens of their lived experience. They will better understand the needs of the people and communities they represent. They will advocate for a more equitable society where equal justice under the law is the focus of their life’s work. If we are to have a country where all people are created equal, then we must have a legal system that represents all of our citizens.

"It boils down to a public perception that the law is fair and impartial, and that justice is truly equal to all," Colorado Supreme Court Justice Monica Márquez told The Denver Post. "It makes all the difference when the bench and those who render the rulings reflect the community they serve. To be clear, every judicial officer in Colorado strives to have a fair and impartial bench each day. But when it’s not diverse, it lends to the perception that they do not . . . and it undermines public confidence that justice is truly equal."

Focused efforts must be made to right these wrongs and to more fairly institute access to justice.

The key is representation in the courtroom and legal situations by the people who are impacted because they can best provide authoritative knowledge about how to deliver justice fairly in a manner that engenders trust and confidence in our legal system. Minorities are the most qualified to understand the realities, values, and needs of diverse people.

If we are to have hope for a better future and to move past good intentions, then we must recognize there are barriers and establish a fair system of justice for historically marginalized populations. Actions to amend the past and provide minorities a place at the table are long overdue.

Lorenzo A. Trujillo (’93) is an affiliate professor of music and director of the Metropolitan State University Mariachi Ensemble and the Mariachi Correcaminos. He practices law in his firm with his wife, Ellen. From 2004 until 2010 he served as assistant dean of students and professional programs at the University of Colorado Law School.

By Lorenzo A. Trujillo ('93)

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