Leading Lawyers SUNDAY, AUGUST 24, 2014
Odle Law, LLC Downtown attorney aids the defenseless, champions his Colorado community
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Attorney Tim Bussey has mind for science in criminal defense cases Law for the little guy, brought to you by The Green Law Firm, P.C. Family law expert Gordon N. Shayne on counseling military families A historical perspective on Colorado’s medicinal laws
A SPECIAL ADVERT ISING F E AT URE OF T HE GA ZE T T E
Aggressive and experienced representation at work for you!
Timothy R. Bussey CRIMINAL AND DUI REPRESENTATION
2014 SUPER LAWYER • Former El Paso & Teller County Deputy District Attorney • Former Active Duty Air Force Judge Advocate-Certified Trial & Defense Counsel • Former Special Assistant Attorney General • Member of Colorado Trial Lawyers Association • Experienced Trial Attorney
Protect Your Rights. You Need to Act Quickly! CHARGED WITH A FELONY, MISDEMEANOR OR DUI? • Assault • Theft • Drugs • Hit and Run • DUI/ DWAI Defense
• Domestic Violence • Sexual Assault • Vehicular Assault • Juvenile • Habitual Traffic Offender
Free Initial Consultation
12 E. Boulder Street Colorado Springs, CO 80903 719-475-2555 www.timothybussey.com
Leading Lawyers August 24, 2014
Published by The Gazette 30 East Pikes Peak Avenue, Suite 100 Colorado Springs, CO 80903
President & Publisher Dan Steever
Vice President, Advertising Brad Howard
Editor, Leading Lawyers Hannah Blick
Photographer Jeff Kearney
Graphic Designer Gina Pietramale
Local Community Sales Manager Erik Carlson
To advertise: 719-476-1628
contents 5 ........Attorney Robert P. Odle serves community from downtown base 8 ........Q & A with The Moller Law Group 9 ........Local military, civilian families get a leg up from Gordon N. Shayne 12 ......Personal injury attorney Gregory T. Green fights for the little guy 14 ......From TV to the local courtroom: Criminal defender Shimon Kohn defends with passion 15 ......Buckley Law understands small businesses 17.......Get reputable DUI/DWAI defense from The Bussey Law Firm, P.C. 19 ......Marrison Family Law, LLC seeks to help Pikes Peak Region families enjoy life 20 ......Q & A with the team at McDivitt Law Firm 22 ......Colorado’s medicinal law: A hot debate on an old topic
LEADING LAWYERS | 2014 3
COMMUNITY legal calendar Estate Planning 101: presented by Odle Law, LLC
Mercy’s Gate: Legal Advice
6:30 – 8 p.m. on September 9 Library 21c, 1175 Chapel Hills Drive 719-559-4099 www.odle-law.com This seminar will equip you to make informed decisions that will affect your future and the future of those you love. Learn about living wills and trusts, Power of Attorney, probate and more. Please RSVP by September 8 at odle-events.com.
Legal advice: during office hours, by appointment only Lawyer appointments: 9 a.m. – noon on Thursdays, by appointment only Inside Rocky Mountain Calvary Church, 4285 N. Academy Boulevard 719-277-7470 Ext. 124 www.mercysgatecs.org Whether you need advice or would like to schedule an appointment with an attorney, call Mercy’s Gate to reserve your space. Please visit our website for updated office hours.
Catholic Charities of Central Colorado: Legal Clinics 11 a.m. – 1 p.m. on the 4th Saturday of every month, no appointment necessary Marian House, 14 W. Bijou Street 719-866-6283 www.ccharitiescc.org Clients of the Marian House, part of CCCC, are welcome to attend this pro-bono legal clinic. Experienced attorneys are available to assist and answer questions on a variety of legal issues. Please bring any information or paperwork pertaining to your case or question.
Life happens. Let us help.
10 a.m. – noon, on the 2nd Saturday of each month, no appointment necessary Citadel Mall, adjacent to the upper level food court area, near Guest Services 719-473-6212 www.elpasocountybar.org Obtain free, confidential and anonymous legal advice from volunteer attorneys from the El Paso County Bar Association. Volunteer attorneys will answer the public’s legal questions in person.
Call-A-Lawyer, sponsored by the El Paso County Bar Association
SM
Experienced Criminal Defense and Estate Planning
• Criminal Law & DUI Defense • Estate Planning (Wills & Trusts) • Probabte & Estate Administration
Ask-A-Lawyer, sponsored by the El Paso County Bar Association
Patterson Weaver
Plaza of the Rockies 121 South Tejon Street, Suite 1107 Colorado Springs, CO 80903 Phone: 719.264.9858 www.PattersonWeaverLaw.com
7 – 9 p.m. on the 3rd Thursday of every month* Call 719-471-0380 for this service *Please note, on November 20, February 19, May 21 and July 16 Call-A-Lawyer will be from 5 – 7 p.m. at 719-457-8211. www.elpasocountybar.org Volunteer attorneys from the El Paso County Bar Association answer telephone calls from the public. All calls are anonymous and confidential. ◆
Robert M. Willson Kent H. Borges Ben Sparks Christopher M. Brandt Scott W. Johnson David P. Steigerwald Paul W. Hurcomb
Matthew A. Niznik William J. Robers Steven R. Ogle Roger Wertheimer
Michele P. Berdinis Randolph M. Karsh (SPECIAL TAX COUNSEL)
Gregory V. Pelton (OF COUNSEL)
R. Kenneth Sparks 1936–2007
24 South Weber Street, Suite 400, Colorado Springs, Colorado 80903 719.634.5700 • www.sparkswillson.com
Corporate & Transactions • Commerical Litigation • Real Estate • Intellectual Property & Technology Licensing • Creditor’s Rights • Employment Law • Estate Planning • Sports Law • Tax • Construction Litigation • Governments, Special Districts & Zoning • Local & Special Counsel 4 LEADING LAWYERS | 2014
The man
with a plan and a heart Downtown lawyer seeks client dignity, community involvement through his practice BY HANNAH BLICK, LEADING LAWYERS PHOTOS BY JEFF KEARNEY
B
ob Odle never expected to open his own law practice, but you would not guess it from the unwavering confidence that humbly weaves its way through his interactions with clients, colleagues and the community. The relaxed, yet purposeful, way he runs Odle Law, LLC might be a result of the years he served as a pastor. Or maybe it’s from the four years he lived with his family in Mexico, working in orphanages and caring for those in severe poverty and need. Whatever the case, it is evident that Odle Law is for the people. Odle Law practices in a variety of fields, from criminal law to probate and estate planning to civil litigation, while maintaining respect and dignity for clients and their families. Odle is, and always has been, passionate about serving his community with his practice.
A LAWYER’S START Born and raised in Southern California, Odle moved to Texas and attended Lubbock Christian University for his undergraduate CONTINUED ON PAGE 6
LEADING LAWYERS | 2014 5
CONTINUED FROM PAGE 5
degree. Odle stayed in Lubbock and earned his law degree at Texas Tech University. After finishing his degree, he married his law school sweetheart Teri (who also happened to be his boss’s daughter) and moved back to California. He was determined to pass the California bar, notorious for being one of the most difficult bar exams in the country with a low pass rate, particularly for those educated out of state. Odle passed. “I was in a study group with a girl who was third in her class at Stanford; she didn’t pass, and somehow I did,” he said with a laugh, indicating pleasant surprise at his successful start. He is now licensed to practice law in California, Texas and Colorado. Odle got his feet wet for a couple years in California and then moved to Durango, Colo., to work as a prosecutor in the 6th Judicial District. “That’s where I learned criminal law and got a lot of courtroom experience,” he said. “Then, I took a break from that and did ministry.” 6 LEADING LAWYERS | 2014
“The system can be so demeaning. I want to see my clients walk away with their dignity intact.” In 1997, Odle and his family moved to Cuernavaca, Mexico — an hour south of Mexico City — to work in an orphanage through the Church of Christ. After moving back to the U.S. in 2001, Odle served as the pastor at a church in The Woodlands, Tex., outside of Houston and later in Richmond, Va. He now draws from his experiences as a pastor when counseling his clients on legal and personal matters. “I’m making my living practicing law, but I never consider myself not being in ministry,” Odle said. “It’s about caring for and guiding people.” The Odle family made one last move to Colorado Springs in August 2013, and he opened Odle Law, LLC a few weeks later, on September 11. It wasn’t difficult for Odle to return to Colorado, citing the climate, outdoor lifestyle, friendly people and family ties as obvious pulls. From his downtown office space, Odle reflects on the past year of running his firm.
The challenges and triumphs seem worth it from his eleventh-story Plaza of the Rockies view over the heart of Colorado Springs. “Colorado has always been our favorite place in the world,” Odle said. “Our two oldest boys were born in Durango and my wife’s baby sister married a Colorado Springs guy, so this just made sense.” Plus, when one of his sons expressed interest in pursuing a law career and joining him in business, Odle knew he wanted to put down roots and continue building a legacy for his kids.
A FAMILY AFFAIR Of all his roles, “father” is one of the most important to Odle. He and his wife have four sons: Austin, 24, is studying business at the University of Colorado – Colorado Springs; Jett, 22, is majoring in pre-law at UCCS and will soon transfer to Liberty University in Lynchburg, Va.; Micah, 18, will be a freshman this year
at Colorado State University; and Elijah, 12, will start the 8th grade at Timberview Middle School in the fall. When his second-oldest son Jett said he wanted to go to law school, Odle immediately began to plan a business they could potentially run together. Though it was an extensive process to start a firm from scratch halfway through his career, Odle knew it was worth it to be able to support his son and someday pass it on to him. Between pre-law classes at UCCS, Jett has spent time apprenticing with his father. From observing him in court discussions with judges to helping out in the office and learning procedure, Jett said he has a greater appreciation for the career his father has chosen after spending time by his side. With one more year of undergraduate studies to complete, he has not wavered from his goal to someday join Odle Law as an attorney. “My dream is to join my dad in four or five years and help him make Colorado Springs a better place,” Jett said. “Both of us are deeply rooted in our faith and we want to create opportunities to help those who aren’t in a position to help themselves.”
NUTS AND BOLTS When it comes down to it, Odle is a client’s best bet for getting through a tough case and situation, with some understanding and compassion. From small-business owners to wayward teens, Odle has the knowledge and resources to help his clients know and exercise their rights. “I build relationships almost immediately with my clients. I tell them what they need to hear right away,” he said. “I am interested in their lives, I genuinely care that they’re successful.” Odle Law accepts DUI and traffic cases, probate and estate lawsuits, and any civil litigation, including domestic violence situations, as well as offers estate planning services. Odle provides an accurate, up-front assessment after meeting with clients and walks with them through the entire litigation process, from start to finish. “The system can be so demeaning. I want to see my clients walk away with their dignity intact,” he said. Despite his vast education, knowledge and experience, Odle is humble and grateful for the opportunity to work with others in his field. “I’ve been surprised at how well I’ve been received in Colorado Springs. There are a lot of good lawyers in this town,” he said. “As I begin this new venture with so many quality attorneys in town, I want to pay my dues and earn my right to be here.”
PRO BONO, PRO COMMUNITY This lawyer’s love for his community is evident. In his first year of business, it seems like Odle has given away more hours than he has charged for. Odle participates in both the “Ask a Lawyer” and “Call a Lawyer” programs, sponsored by the El Paso County Bar Association. From 10 a.m. – noon on the second Saturday of each month, Odle and other volunteer lawyers are available at guest services on the upper level at the Citadel Mall to provide confidential and anonymous legal advice at no charge. He might also answer the other end of 719471-0380 from 7 – 9 p.m. on any given third Thursday of the month for those seeking legal counsel. He has done prison ministry, volunteers time at his local church, and is active with the Colorado and El Paso County Bar Associations and Christian Legal Society. Odle also hosts free seminars to educate the public on estate planning; his next seminar will be from 6:30 – 8 p.m. on September 9 at Library 21c, 1175 Chapel Hills Drive. Even with all this, the majority of Odle’s time still goes to TESSA of Colorado Springs, an organization committed to building a community free from domestic and sexual violence. In Room S101 at the El Paso County Courthouse, just a few blocks from Odle’s office, volunteers gather each day from 8:30 – 10:30 a.m. to form The Self Help Center, a safe spot for victims of domestic and sexual abuse to seek legal counsel and other support. As one of the several on-call attorneys to TESSA staff and volunteers, Odle helps provide services to self-represented parties, from procedural information to locating and completing forms, even providing references for community resources and offering mediation help and the chance to resolve disputes outside the courtroom. He said most of the clients are female victims of physical, mental, emotional, and financial abuse by a spouse or partner, and they don’t typically have the means or knowledge to hire an attorney. “They don’t deserve to be treated this way,” Odle said. “It’s heartbreaking, but this is a way to help the vulnerable, the week, the helpless defend themselves.” He admitted it’s a challenge to balance volunteer time with paying clients who help him support his family, but it’s one he is willing to take on in order to support his community. “Life’s been good to me, and I want to give back,” Odle said. ◆
Odle Law, LLC 121 South Tejon Street, Suite 1107 Phone: 719-559-4099 Fax: 719-599-4097 www.odle-law.com
Estate Planning 101
A complimentary estate planning seminar offered as a public service by Odle Law, LLC. Tuesday, September 9 6:30 – 8 p.m. Pikes Peak Library: Library 21c 1175 Chapel Hills Drive Ent Conference Center To register, please visit odle-events.com
LEADING LAWYERS | 2014 7
“I believe in family.” – Q&A with William H. Moller
The Moller Law Group, LLC • Downtown 429 S. Cascade Avenue • Briargate 1755 Telstar Drive, Suite 300 • Woodland Park 18401 East US Highway 24, Suite 122 Phone: 719-694-1284 Fax: 719-687-2378 www.mollerlawgroup.com
Bill and Carla Moller with Hoover
INTERVIEW BY HANNAH BLICK, LEADING LAWYERS PHOTOS BY JEFF KEARNEY
What motivates you to practice family law? Having a family background and a military background, I’ve developed a desire to help people however I can. I believe in family, so I want to meet the needs of the family from birth to death. Whether you need help with a prenuptial agreement or probate at the end of life, we are there to help. Our services include estate planning, asset protection, and elder law, as well as the full range of family law services. We often develop long-term relationships with people and learn their stories so we can walk with them through every season of life. Sometimes, we just listen to people and help them work it out.
court doesn’t want to see parents using their child as a weapon, so we have to work out a compromise in most cases. In the end, this is usually in the best interest of the child and the family as a whole. I want to help my clients be healthy for the long run. It only takes about 3–6 months months to finalize a divorce, but I want them to think about how the situation will look in a year or more. I challenge people to plan long term and I seek to help them let go of anger. Colorado is a no-fault divorce state, meaning it only takes one spouse to request a divorce and it can happen. That can lead to a lot of hurt in a family. The need for my services often catches people off guard, but I hope to help them find health and restoration.
How do you help clients maintain health in their family lives?
How has your military experience served you in law?
My parents have been married for 62 years. My wife and I met in the 7th grade and we’re now in our 34th year of marriage. But our marriage represents a team effort. I always have high hopes for my clients. Sometimes people come with expectations that you cannot meet. For instance, co-parenting is not always the desire of one spouse, but the
Colorado Springs has one of the highest densities of military population in the country, so understanding military culture is absolutely key to practicing law — especially family law — in this community. I had the honor of serving more than 20 years in the U.S. Army and taught at the West Point Military and U.S. Air Force academies.
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I learned how to work well with many types of personalities, which I consider a unique talent. I can make a fairly quick assessment of where a person is and what they might need. This allows me to enter their situation with awareness and intuition.
What kind of support system do you have in your practice? We have an amazing team here at Moller Law. Besides our wonderful support staff, I have two associate attorneys. We are all very different from each other, but that is what makes us a strong team. We always work to find the best fit for a client. My wife, Carla, is my biggest support. She serves as the CFO and has been a part of the team from the beginning. Aside from overseeing our entire operation, she is very forward-thinking and has helped us incorporate a lot of technology to help us better serve our clients. And I can’t forget Hoover, our dog and office mascot. We adopted him from the Teller County Regional Animal Shelter, and he has been a wonderful addition to the team. Our clients’ faces light up when they see him, and we know they feel at home with us. ◆
Going the
distance Gordon N. Shayne’s experience, knowledge serves civilians, military members well
BY HANNAH BLICK, LEADING LAWYERS PHOTOS BY JEFF KEARNEY
G
ordon N. Shayne has worked tirelessly in his chosen profession for more than 34 years and he’s not stopping anytime soon. The family law attorney has spent decades honing his skills, adding to his
repertoire of resources and building his legal experience to match his passion for bringing justice and wholeness to families in the Pikes Peak Region. His days don’t end when he leaves the courtroom or wraps up his last appointment
for the week. From pouring more than 200 hours into creating a robust legal website that serves his clients to answering the phone at 11 p.m. on a Saturday to offer counsel, Gordon doesn’t rest for long — not when it comes to the well-being of the family. CONTINUED ON PAGE 10
LEADING LAWYERS | 2014 9
Gordon N. Shayne offers free consultations to those serious about seeking legal counsel and hiring an attorney with exceptional qualifications. Call 719-442-6649 to schedule your consultation. CONTINUED FROM PAGE 9
EXPERIENCE EQUALS RESULTS In his personal life, Gordon keeps his eyes open for the most experienced professionals: from choosing a cardiologist to an auto mechanic, he knows experience is the key to getting the best service possible. The same is true for the families and individuals he represents. “It’s hard for someone who has never been through a child custody case or a divorce case to tell the difference between someone who has 5 years and 30 years of experience,” he said. “But when an attorney has tried hundreds and hundreds of cases, there is a difference.” Gordon’s resume extends beyond the hundreds of cases and countless hours 10 LEADING LAWYERS | 2014
he has logged in the courtroom. From interning at the district attorney’s office in Houston to serving as a prosecutor with Janet Reno’s office in the 1980s, he has handled major crimes in almost every arena. He has benefited from taking trial advocacy courses from high-profile lawyers like Richard “Racehorse” Haynes, of Texas, one of the top criminal lawyers in the U.S. Gordon admitted he has even achieved a few “Perry Mason moments,” a courtroom move in which an attorney leads a witness to unexpectedly confess to a crime in court during cross examination. It’s the stuff of drama — so named for the popular television court show that aired from 1957 – 1966. “It’s hard for someone who has never been
through a child custody case or a divorce case to tell the difference between someone who has 5 years and 30 years of experience,” he said. “But when an attorney has tried hundreds and hundreds of cases, there is a difference. Colorado has some of the nation’s finest judges, and they recognize when skilled lawyers with experience and legal knowledge are before them, trying these kinds of complex divorce or custody cases.” Because most divorce and custody cases go to some kind of hearing, family law attorneys are often in court. Gordon said regardless of the situation, families, spouses and parents need to get the best representation available to fight for their rights and the best interests of the children.
“ It’s all a worthwhile kind of endeavor, because you can see the fruits of what you’re doing.” Often, those looking for a family lawyer have no previous exposure to the legal system until they find themselves in a crisis where emotions run high and it is difficult to think clearly. Individuals, couples and families from all socioeconomic, ethnic, and geographic backgrounds find themselves in painful and stressful situations in which they need guidance and care. “If people want help, they’ve got to recognize they need help and have a desire to follow legal advice so that an effective legal strategy can be designed,” Gordon said.
A MILITARY RESOURCE Throughout the year, Gordon’s case load is anywhere between 70 – 100 percent military related. From active duty to reservists, retired service men and women and military spouses, Gordon enjoys working closely with families who reside in our community and who sacrifice so much to serve our nation. When Gordon and his family moved to Colorado Springs in 1999, he worked with a former Judge Advocate General’s (JAG) judge. During that time, he engaged with the military community and learned how to concentrate his practice in a way that would directly assist military families dealing with divorce, child custody and more. He saw, first-hand, the pressure placed on couples and families going through deployment and constant transition and wanted to help them find a light at the end of the tunnel. The way that military regulations impact family law cases in the civilian court is a critical component of providing legal advice. Because many local JAG Corps attorneys aren’t licensed in the state of Colorado nor specialized in family law, they often refer cases out to his firm. Gordon’s knowledge of military regulations provides an exceptional backdrop to military members seeking legal counsel, especially when it comes to military divorce law. “Military benefits are so specific, and retirement and divorce proceedings can be extremely complex,” Gordon said. “It’s
crucial to have an attorney on your side who understands all the nuances and can help you protect your best interests.”
KNOWLEDGEABLE CARE Gordon’s wealth of knowledge and attention to detail is evident in all he does. It comes across as caring in his clear explanations of complicated jargon and possible legal outcomes with his clients. It comes across as powerful in the amount of literature, expert connections, and organizational involvement he has amassed in the past three decades. It comes across as diligent on www.shaynelaw.com — which features localized articles and relevant content for Colorado residents. “It took three rewrites to get it just perfect,” he said. “Its purpose is to give people informative guidance, to provide content that will not only give them a connection to me, but also to see where the law stands on different issues and how I can help them.” From annulments to domestic abuse, legal separation to mediation, Gordon’s site addresses the more than ten types of family law services his firm provides. The Shayne Law Blog gives clients easy and immediate access to the information they need, informing them on the appropriate next steps to take in pursuing legal action. But his priority is always to answer the phone when his clients need him most. “We get calls and requests from all over the world, and even those who are here locally expect urgent help because of what’s at stake,” Gordon said. “To effectively represent family law clients, it requires a dedicated staff and paralegals invested in solving clients’ urgent problems.” And though the emotional and mental toll is high, Gordon wouldn’t trade his life’s profession for another — not while there are families to comfort and counsel. “It’s all a worthwhile kind of endeavor, because you can see the fruits of what you’re doing,” he said. ◆
Gordon N. Shayne, Attorney at Law 509 North Tejon Street Phone: 719-442-6649 www.shaynelaw.com
LEADING LAWYERS | 2014 11
The Green Law Firm, P.C. Personal injury attorney on managing caseloads, traumatic brain injuries and client care BY HANNAH BLICK, LEADING LAWYERS PHOTO COURTESY KATIE CORINNE PHOTOGRAPHY
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I
t was 4:55 on a Friday afternoon in the spring of 2013. Personal injury attorney Gregory T. Green was still at the office, getting ready to leave for a relaxing weekend at home when his phone rang. On the other end was a client, fraught with anxiety over a major medical decision. She had lost her dream job, her long-term relationship had fallen apart, and she was living on credit, all because of an injury from a car accident that had torn her life apart. “We talked it out for an hour and a half; I was pacing back and forth in my office and wrestling through the decision with her,” he said. “She chose to have the surgery and her quality of life improved drastically.” Now, that client has rebuilt her career, moved into a new home, reached financial stability and is in a healthy relationship. Stories like this remind Green why he rolls up his sleeves and works with his clients in their times of need. “Sometimes I feel like I should have an honorary psychology degree by now,” he said with a laugh. But Green values the opportunity to work so closely with his clients. When he worked as an intern for other personal injury firms, he saw firsthand the overwhelming caseloads most lawyers struggle to maintain. When attorney Andrea Schwartz joined his private practice in 2013, she came from juggling cases to being able to spend quality time and energy on each person who came to her. “Our entire caseload — for the two of us — is half what Andrea alone had at her last firm,” Green said. And Green fights to keep it that way. He has seen the tremendous stress an overbearing caseload can place both on attorneys and their clients. Since he opened his firm five years ago in downtown’s historic Old North End Neighborhood, Green has maintained manageable caseloads and oneon-one contact with clients he represents. “Everyone has my cell phone number and knows they can call me anytime,” he said. Green said he does not practice law just to make money. Instead, he works hard and finds contentment in bringing compensation to those who have suffered pain or loss. While Green handles many types of personal injury cases, he appreciates the opportunity to work closely with victims of traumatic brain injuries. Early in his career he worked with a client who had suffered brain damage and had difficulty just walking down a hallway. It was heartbreaking to him, and he has since made it a mission to pursue justice for those with traumatic brain injuries — many who have lost jobs, families, health and more.
“ I don’t mind taking the time to explain a client’s case to them. For some, it might be just 20 minutes, but for someone with a brain injury, it could take an hour and a half, but I am more than willing to sit with them and work through everything until they understand.”
“I don’t mind taking the time to explain a client’s case to them,” he said. “For some, it might be just 20 minutes, but for someone with a brain injury, it could take an hour and a half, but I am more than willing to sit with them and work through everything until they understand.” But Green knows his ability to care well for his clients only extends as far as he does. He beams with pride when he talks about his staff members. “They will work out health insurance issues, help with scheduling appointments, and once the claim is settled they go through each line item and explain where every penny of the settlement will go, and answer any questions they might have.” The Green Law Firm will even accept personal injury cases for minors, something not many firms are interested in, due to the complicated nature of getting them approved by the probate court. “We take on even the smallest cases, the ones that often the bigger firms don’t want to deal with,” he said. “I don’t want to be a
The Green Law Firm, P.C.
1127 N. Weber Street Phone: 719-694-8515 Fax: 888-770-6010 www.greenlawfirmpc.com
huge firm — I always want to be able to care well for the clients who come to me and give them the attention they deserve. They’ve already been through so much, so anything we can do to eliminate stress and pain, we will do.” ◆ LEADING LAWYERS | 2014 13
PROFILE:
Shimon Kohn, Attorney at Law
BY HANNAH BLICK, LEADING LAWYERS PHOTO BY JEFF KEARNEY
Shimon Kohn, Attorney at Law 14 W. Costilla Street
Phone: 719-328-9555 Fax: 719-447-1512 www.shimonkohn.com
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He’s the accused’s best friend. A former prosecutor, now a prominent defense attorney, Shimon Kohn is adept at handling the types of cases that many attorneys would shy away from. “These cases are complicated, unpredictable and hard-fought. They require tenacious and experienced representation. I handle each case personally, developing an individualized relationship with each client,” Kohn said. Kohn does take on traffic, DUI, juvenile delinquency, and misdemeanor offenses, but the majority of cases Kohn’s firm accepts are felonies, including assaults, burglaries, gun charges, homicides and robberies. Another significant portion of his practice is sexual offense cases, cases that many attorneys avoid due to the sensitive subject matter. Kohn has extensive trial experience, with more than 100 trials under his belt. He has appeared in front of every judge in El Paso and Teller counties. He was also a member
of the defense team on one of the longest, most hard-fought criminal trials on record in El Paso County history — a double homicide trial that lasted almost three months. A member of the El Paso County and Colorado Bar Associations, Colorado Criminal Defense Bar, and National Association of Criminal Defense Lawyers, Kohn values his connections and access to resources on both a local and national level. Kohn seeks to share his expertise and believes his clients should always have access to him. He provides all clients with his personal cell phone number so they can reach him when they need him. “I don’t want my clients to lose sleep worrying about their case, if I can put them at ease,” he said. “My clients are often going through a lot. I need to keep them calm and reassure them that I’m readily available.” “I genuinely enjoy my job,” he said, “especially the challenge of the more difficult cases. Even if I won the lottery, I would still do what I do.” ◆
PROFILE:
John C. Buckley, III Buckley Law
PHOTO AND STORY COURTESY OF BUCKLEY LAW
John C. Buckley, III Buckley Law 1277 Kelly Johnson Boulevard, Suite 250
719.447.8797 www.BuckleyLaw.com
“We take money from the IRS legally, ethically, appropriately and fairly,” John Buckley says with a grin. “We love our jobs.” John is a counselor at law with Buckley Law, a boutique law practice specializing in estate, business and asset protection planning. Buckley Law is truly unique. All of its employees own other businesses, and that’s how they approach client business issues. Buckley flew fighters after graduation from the USAF Academy. He attended Harvard Law (he admits he knew the President there). To satisfy his adventurous spirit, he practiced international law and did business throughout the Arab Gulf from 1991 until 1995. “I did well,” John says, “and afterward returned to Colorado Springs, where I felt most at home.”
Buckley Law is a family business, sited in Colorado Springs since 1994. The business includes John, his legal administrator (and wife) Melinda, and the client relations specialist (and daughter) Brittany. Buckley offers a free hour consult for most prospective clients. Afterward, he develops a plan to meet the client’s goals, whether they be protecting a family business or preserving the client’s estate. This process often allows Buckley Law to bill its work at a set fee rather than hourly. “We’re a high touch, low volume law practice,” says Buckley. “We care about our clients. We bring unique skills, we work hard to serve them, and our clients thank us for this way of doing business.” ◆ LEADING LAWYERS | 2014 15
The SCIENCE of SUCCESS Criminal defense attorney uses facts, forensics to affect change BY HANNAH BLICK, LEADING LAWYERS PHOTOS BY JEFF KEARNEY
16 LEADING LAWYERS | 2014
I
n the right-hand drawer of his polished, wooden desk, criminal defense attorney Timothy R. Bussey saves mementos. Filed between case notes and client files is a hanging folder filled with brightly colored Christmas cards, graduation invitations, hand-written thank you notes, birth announcements — all proof that his work is changing lives. “At the end of the day, what we do as attorneys is help families,” he said. “Especially as a criminal defense attorney, I’m always trying to help somebody through a very difficult time.” Bussey often faces the imposing task of advocating for individuals against whom the government is levying serious, lifealtering charges. “It’s my responsibility to educate them so they know what they’re up against and can understand the process,” he said. “We’ve got to effectively communicate with each other and work through it together.”
“ I care deeply about Colorado Springs and want to see it thrive. Each client, each case, is a chance to do that.”
POSITIONED FOR SUCCESS Originally from outside of Chicago, Bussey earned his bachelor’s degree in business administration and finance from the University of Iowa. He later completed his law degree at the Illinois Institute of Technology Chicago-Kent College of Law and opened his practice 17 years ago in downtown Colorado Springs. Half of Bussey’s caseload is DUIs/DWAIs and the other half consists of felony and personal injury cases. From white-collar theft to sexual assault and child pornography, Bussey tackles heavy subject matter, but knows that all his education, experience and caring for his clients will carry him through. In the years between earning his degree and running his own firm, Bussey stayed busy. After growing up around several military family members — his father was a Marine and he had one uncle in the Army and another uncle in the Navy — Bussey served in the Air Force Reserve Officers’ Training Corps (ROTC) and then entered the United States Air Force. In 1991, an active duty Air Force Judge Advocate General (JAG) position brought him to Colorado Springs. Bussey served with the Area Defense Council (ADC) at Peterson Air Force Base in 1994, before entering the reserves in 1995. “Serving in the military was a great experience for me,” he said. “I think it prepared me well for my career in law. Many of my clients have some military connection, so it’s been a helpful bridge.”
SCIENCE, SYSTEMS AND SKILLS For Bussey, staying on the cutting edge of science, as well as advocacy, is key to practicing criminal law. “The more you get into trying cases, you have to understand the science that goes into it,” he said. “You can’t just accept it, you have to challenge the information because many times, it’s not as concrete as it first appears.” In 2009, the Colorado Springs Police Department’s Metro Crime Lab reported overinflated results on blood alcohol tests; Bussey reassured his clients he would get to the bottom of the situation and defend their rights. He did just that in case “Tim Bussey vs. Chief of Police,” which helped lead to changes from the U.S. Supreme Court level in how DUI lab information is presented in court. “I believe in the transparency of the science that goes into this. Many people benefit from this work,” Bussey said. “Nobody expects to be charged, but it happens. Sometimes people are wrongfully accused. But there are no shortcuts, we have to take it step by step.” It is an interesting and crucial time to be a criminal lawyer; many activities, like marijuana usage, are floating in legal
gray areas, and the government has vast resources at its fingertips to help obtain convictions and hand out mandatory punishments. “We have an obligation to defend the constitution and make sure the government is held to its responsibility,” Bussey said. “I represent a lot of friends and family, people from the community who deserve a fair shot.” Bussey said electronic monitoring, both pre and post trial and on those not yet convicted, is also starting to affect cases. “Technology is becoming a huge player,” he said. “We will continue to explore whether certain activities will be criminalized or not.” Bussey is a member of the American Chemical Society, a leading source of authoritative scientific information, and a highly requested speaker locally, nationally and internationally. This year, he spoke at the 2014 Mastering Scientific Evidence conference in New Orleans and traveled to Montreal to speak to Canadian attorneys concerning the litigation of forensics laboratories. He has also had the opportunity to speak to attorneys across Colorado, allowing him to share findings with and learn new techniques from his colleagues. CONTINUED ON PAGE 18
LEADING LAWYERS | 2014 17
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“The more we can share our knowledge and experience, the better equipped we will be to handle all these changes and serve the public well in the legal system,” Bussey said.”
OUTSIDE THE COURTROOM Attorneys rarely take time off, subconsciously, at least. “The practice of law can be emotionally, mentally, and time consuming,” Bussey said. “Most attorneys, myself included, tend to think about their cases all the time.” But Bussey knows it is important for him to take time away from his cases and recharge to offer his clients a fresh mind. To unwind, he spends time with his wife of 13 years Chrissy, a Colorado Springs native, and his two children, Hayden, 11, and Kate, 8. Over the summer, the Bussey family hosted two 18 LEADING LAWYERS | 2014
Australian soccer players, an experience he said was very educational and fun for his kids, especially since his daughter is an avid soccer player and fan. Bussey has also previously volunteered with the Alzheimer’s Association, Legal Aid Foundation and Habitat for Humanity, as well as coached his kids’ basketball teams. Anything he can do to engage with his community Bussey considers a worthy investment of time and energy. “I care deeply about Colorado Springs and want to see it thrive,” he said. “Each client, each case, is a chance to do that.” And sorting through the pile of cards he’s received from past and current clients, thanking him and inviting him to remain a part of their lives, Bussey knows his work is making a difference. ◆
Timothy R. Bussey 12 East Boulder Street Phone: 719-475-2555 Fax: 719-475-0046 www.thebusseylawfirm.com
PROFILE:
Marrison Family Law, LLC Marrison Family Law, LLC 225 East Cheyenne Mountain Boulevard
Phone: 719-577-9292 Fax: 719-632-6553 www.marrisonfamilylaw.com
ABOVE FROM LEFT:
Rex Marrison, Nicole L. Bartell, Michael A. Lucas, Brenda L. Tellez and Pat Marrison BY HANNAH BLICK, LEADING LAWYERS PHOTO BY JEFF KEARNEY
“This is a family town, a great place to raise children, which is why I so enjoy practicing law and serving the families here,” said Pat Marrison of Marrison Family Law. With 36 years of experience, Marrison and her team of capable attorneys support local families during the tough times so that they can get back to the good times. Running on integrity, experience and the desire to help families, Marrison Family Law is the largest firm in Colorado Springs devoted exclusively to family law. From adoption and guardianship to divorce, paternity, property division, custody and child support matters, Marrison Family Law focuses on helping clients achieve the best possible outcome. After practicing in California for 14 years,
Pat and her husband Rex moved their family of three children to Colorado Springs in 1990. While the experience Pat gained at large firms in Los Angeles has proven invaluable, Pat particularly appreciates the ethics and camaraderie of the family law bar in Colorado. Working in family law constantly reminds Pat of the importance of spending time with her own family. “Too often, clients are engaged in battle instead of living life,” she said. Marrison Family Law helps families move quickly into the next phase of their lives. “We can help clients get through their case with grace and efficiency so they can get back to enjoying their children, homes and new opportunities,” Pat said. ◆ LEADING LAWYERS | 2014 19
Q&A with the McDivitt team
“Community moves us forward.” ONE OF COLORADO’S LARGEST PERSONAL INJURY FIRMS DEFENDS THE PIKES PEAK REGION
INTERVIEW BY HANNAH BLICK, LEADING LAWYERS PHOTO BY JEFF KEARNEY
Why is there a need for personal injury attorneys? ABOVE: David McDivitt, Lisa McDivitt Bush,
and Karen and Mike McDivitt
20 LEADING LAWYERS | 2014
Individuals and small businesses need protection and access to the civil justice system and we provide the keys to the courthouse for the common man. The need for this access predates even the inception of our country — people who have been injured due to the negligence or recklessness of someone else have always needed educated and effective personal injury attorneys to help them fight for what is fair. Whether you are hurt in a car crash, injured on the job, or injured by a bad drug, a situation like this can often ruin your life, and you need redress. In a civilized society, we have to hold each other accountable. Meaningful access to civil justice is constitutional; it was clearly important
to our founding fathers and is part of the backbone of this nation. It encourages an entrepreneurial spirit.
How do you care for your clients? For many, we are their only access to the civil justice system. What we bring is an entire team working toward the same mission: to provide legendary legal representation for the injured and disabled. You do not just get one lawyer with us; you get a legal team that currently stands at 18 lawyers and 90 total team members, all with the same core values working for you. We collaborate on each case; our clients have the backing of our whole staff and a wide variety of resources. On top of that, we strive to know our clients on a personal level. It is important for us to listen to our clients and recognize what they
are going through. It is our brand promise to care like family, fight for what is fair, and frequently communicate with our clients.
What do McDivitt team members do to prepare for cases? All team members also go through an extensive training program to make sure they recognize they are an integral part of the firm and have the tools they need to help our clients. Across the street from our main offices, we have a facility designed just for training purposes and mock trials, to help team members feel prepared and ready for trial. It is also important to us to promote unity and inclusion among our team members. Every Monday morning we have a 15-minute, multi-city team huddle. This gives us a chance to welcome everyone back for a new week and celebrate any successes or milestones, like promotions, anniversaries, birthdays and successful cases. We also host potlucks, holiday parties and team appreciation events, as well as offer gym and health incentives and tuition reimbursement.
Where does McDivitt Law help out around the community? The “McDivitt Makes a Difference” program launched in 2007 and focuses on safety and education. From safe driving public service announcements to free cab rides home on holidays for those out celebrating, it is important for us to keep the roads safe in our community. We also have a partnership with Centennial Elementary School, where we have the opportunity to donate school supplies each year, help with field trips and events and even volunteer in the classrooms. Our team members always get involved and have many chances to give back. We have participated in Toys for Tots and Care and Share food drives as a company; sometimes, even our clients get involved. We also fundraise and hold drives for various area organizations, such as the American Heart Association and Centro de la Familia. We love reaching out to all corners of our community in whatever way needed.
What do you love about Colorado Springs? We have always wanted to have our base
here, and we have done that, even with offices in Denver and Pueblo. We love this community and all that it offers. So many do not realize what we have here: the nature, the beauty, the arts, a rich history. We want to leave a positive imprint on the community to benefit both our clients and our own families.
How do you stay up-to-date on the latest technology? It is important for us to keep all of our offices and team members interconnected with a seamless way to share information. We went paperless several years ago and now we are updating to an even newer document management system. It is an extensive, tailor-made database that allows all team members access to information and resources, which helps us efficiently work on our cases. Our full-time IT team members keep on top of any maintenance issues and keep us growing and moving forward. All of our digital files are backed up off site and our servers and clients’ information are stored securely. Decades ago, we were one of the first law firms in our community to have a Xerox machine, and we never stop evolving. We never rest on what the industry says is good enough; we want to push the envelope and be the most progressive law firm to best serve our clients.
How do you plan to continue growing as a firm? All of our growth has been organic over the last 40 years, including opening branches in both Denver and Pueblo. On August 15, we opened a new location in Colorado Springs at Powers and Stetson Hills to better serve our clients here. Our main office, located in downtown Colorado Springs, is growing as well! We love being downtown — our 100-year-old building used to be one of W.S. Stratton’s trolley car stations. With the purchase this month of a third building on our block, we now have nearly 30,000 square feet of contiguous office space. We have a cohesive layout designed to integrate all three buildings into one collaborative space for the firm, uniting old and new. ◆
McDivitt Law Firm Colorado Springs Main Office 19 East Cimarron Street Phone: 719-471-3700 Fax: 719-471-9782
Denver Office
1401 17th Street, Suite 500 Phone: 3030-426-4878 Fax: 303-996-8569
Pueblo Office
409 North Grand Avenue, Suite D Phone: 719-542-3700 Fax: 719-542-3701
www.mcdivittlaw.com LEADING LAWYERS | 2014 21
Of Historic Note:
“Medicinal” alcohol and Colorado’s local option law In November 2000, Colorado voters rang in the new millennium by amending the state constitution to legalize the medical use of marijuana. This was not the first time that BY FRANK GIBBARD the Centennial State made a provision for medicinal use of a controlled substance. Nearly a century earlier, when the Colorado Legislature permitted municipalities to ban the sale of alcohol, it created a specific exception for medicinal alcohol. The story of Colorado’s Local Option Act and its “pharmaceutical” exception sheds an interesting light on the history of alcohol prohibition in Colorado.
Local Option Comes to Colorado In 1907, the Colorado Legislature passed a statewide local option law. This statute, similar to those in other states, permitted cities, towns, wards, ward subdivisions, districts, and precincts to vote themselves “anti-saloon territory,” in which “the keeping and sale of intoxicating liquors is prohibited, except as provided in this act.” In 1908, twenty municipalities had voted themselves dry under the local option law. Portions of Denver also went dry. By 1910, 112 municipalities reportedly had gone dry, and it was estimated that two-thirds of Coloradans lived in dry territory.
The Challenge of Schwartz v. People The new law soon drew a court challenge. In Schwartz v. People, a saloon-keeper was convicted of violating the local option law by selling intoxicating liquor in a wet precinct in a dry ward. On appeal, he claimed a “common-law right … to traffic in intoxicating liquors,” but the Court rejected his claim. It “affirm[ed] as a fact, generally recognized, that liquor in its very nature is an article dangerous in its use, to the morals, good 22 LEADING LAWYERS | 2014
The ruling in Schwartz seemed a devastating blow to drinkers who found themselves in a dry subdivision of the state. Tipplers soon found that the legislature had left them an out, however. Under the local option act, even in dry portions of the state, the sale of medicinal alcohol was still permitted. The result was predictable. Drugstore owners soon found themselves tempted to stretch the law and provide intoxicating liquors to drinkers with dubious medical need.
convicted of selling intoxicating liquor within anti-saloon territory — specifically, the city of Colorado Springs. He moved to quash the information against him, which did not specify the particular place where he sold the liquor, the type or quantity of liquor he sold, or to whom he sold it. The Colorado Supreme Court ruled that these deficiencies were fatal to the judgment against him. Fehringer was a licensed pharmacist, “and by the production of a prescription from a duly licensed physician, as required by the act, upon which the sale was made, he could secure immunity against any groundless prosecution. But how could he know what prescription to produce unless furnished with the name of the purchaser of the liquor, the sale of which constitutes the alleged offense?” Given the medicinal exception, the pharmacist charged with unlawful sale had to be notified of the identity of the alleged buyer. Accordingly, his conviction was overturned.
Medicinal Alcohol in the Colorado Courts
Colorado Enacts Statewide Prohibition
A couple of cases dealing with medicinal alcohol during this period illustrate the challenges it posed for the Colorado courts. Clayton v. People involved an interesting overlap between the local option laws and statewide liquor licensing and taxing authority. Charles J. Clayton was a pharmacist who challenged his conviction for selling without a license from the State Treasurer. He claimed that because he was selling alcohol for medicinal purposes only, he did not need a State Treasurer’s license. The Colorado Supreme Court disagreed. The 1902 act requiring a state license was amended in 1911, after the passage of the local option act. Because the amendment did not exempt druggists who sold prescription alcohol in anti-saloon territory from obtaining licenses, the Court reasoned, no such exemption existed. Clayton and other druggists were therefore subject to the state licensing requirement. In Fehringer v. People, the defendant was
The local option act did not last long. In 1916, Colorado enacted statewide alcohol prohibition. Nationwide Prohibition went into effect four years later. Both Colorado’s law and the Volstead Act contained exceptions for medicinal alcohol. Both exceptions were quickly and widely abused. Abuses such as these no doubt contributed to the demise of Prohibition nationally and in Colorado less than two decades later. ◆
order, health and safety of the people,” concluding that “[i]n this state there never has been, and is not now, an inherent, natural or common-law right in the citizen to sell intoxicating liquors.” The Court further determined that under the anti-saloon law, “[t]here can be no wet precinct in a dry ward, or town, or city.”
The “Medicinal” Exception
Frank Gibbard is a staff attorney with the Tenth Circuit Court of Appeals and Secretary of the Tenth Circuit Historical Society — 303-844-5306, frank_gibbard@ ca10.uscourts.gov. The views expressed are those of the author and not of the Tenth Circuit or its judges. Gibbard thanks Stephanie Noble of the Tenth Circuit Library for her research assistance. This work has been modified from its original form as published in The Colorado Lawyer, vol. 43, no. 6, (June 2014), pp. 47 – 50. Reproduced by permission. ©2014 Colorado Bar Association. All rights reserved. Readers may contact the author for a copy of the complete, unmodified article.
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Obama: Airstrikes authorized
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U.S. humanitarian airdrops deliver critical food and water to thousands of Iraqis BY JULIE PACE AND ROBERT BURNS
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WASHINGTON • President Barack Obama announced Thursday night that he had authorized the Pentagon to launch targeted airstrikes if need-
More new rides in El Paso County Hail sales helped push the county’s new car registrations in July to 22.3 percentICE higher than July 2013. B6
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from the White House, Obama also said American military forces had carried out airdrops of humanitarian aid to tens of thousands of Iraqi religious minorities desperately in need of food and water. “Today America is coming to help,”
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— SEE IRAQ • PAGE 8
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A group of researchers is turning its attention to the Waldo Canyon and Black Forest fires with the hope of learning more about families and how they cope with disaster. A behavior expert and a research associate from the University of Colorado at Colorado Springs are part of the team reaching out to parents and kids to take part in a three-part series of surveys that they hope brings insight into family interaction and healing. The wildfires that burned more than 32,000 acres collectively in the Pikes Peak — SEE SURVEYS • PAGE 8
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