Leading Lawyers 08/14/16 by Colorado Springs Gazette, LLC

Leading Lawyers SUNDAY, AUGUST 14, 2016 gazette.com/law

Marrison Family Law, LLC : FAMILY FIRST PLUS:

Hammond Law Group: Holistically helping families plan ahead The Moller Law Group, LLC: New technologies meet old-fashioned values McDivitt Law Firm: Remarkable customer service and relentless team work

A SPECIAL ADVERTISING FEATURE OF THE GAZETTE

THE FIRM TO TRUST WITH YOUR LEGACY

7 REASONS YOU NEED AN ESTATE PLAN 1. PROBATE COSTS AND DELAYS: Avoid court costs and potential delays of 9 months to 1 year or more.

2. NURSING HOME COSTS: Protect your nest egg from nursing home costs, which average over $7,000 per month in Colorado Springs!

3. DIVORCE: Up to 50% of your assets could walk out the door with your ex in-law.

5. INCAPACITY: Avoid a publicly humiliating and expensive guardianship proceeding if you become legally incapacitated. 6. REMARRIAGE: Prevent your assets from going to a stranger instead of your children if your spouse gets remarried after your death. 7. ESTATE TAXES: Eliminate or minimize federal estate taxes.

4. INHERITANCE: Prevent underage children or irresponsible adults from spending their inheritance all at once.

WHAT’S THE RIGHT ESTATE PLAN FOR YOU? Go to www.ColoradoEstatePlan.com to take an Estate Planning Audit and download your FREE report: “7 Things You Must Know You Begin Your Estate Plan”

719.520.1474 ColoradoEstatePlan.com

Catherine Hammond, Esq.

Our clients’ satisfaction is 100% guaranteed!

2955 Professional Place, Suite 300 Colorado Springs, CO 80904

contents

Leading Lawyers August 14, 2016

Published by The Gazette 30 East Pikes Peak Avenue, Suite 100 Colorado Springs, Colorado 80903

President & Publisher Dan Steever Vice President of Sales Wanda Artus-Cooper Editor, Leading Lawyers Leslie Massey Contributing Writers Hannah Blick, Susan Joy Paul, Jim Flynn Photographers Erica Fellion, Mark Reis Graphic Designer Gina Pietramale To advertise: 719-636-0306

Community legal calendar...............................

Marrison Family Law offers both compassion and resolve ...............

Moller Law Group: Qualified legal counsel for the information age.......................

McDivitt Law Firm: Remarkable customer service and relentless team work ...............

The Bussey Law Firm P.C.

continues leadership in Colorado............................

When state and local laws conflict...............................................

24 South Weber Street, Suite 400 Colorado Springs, Colorado 80903 719.634.5700 www.sparkswillson.com • Corporate & Transactions • Commercial Litigation • Real Estate • Intellectual Property & Technology Licensing

• Creditor’s Rights • Employment Law • Estate Planning & Probate • Sports Law

• Construction Litigation • Governments, Special Districts & Zoning • Local & Special Counsel

Celebrat ing 40 Years in Business

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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 Jessica K. Danehy Audree R. McNichols Colleen M. Sperber Randolph M. Karsh (SPECIAL TAX COUNSEL)

R. Kenneth Sparks, Jr. (1936 - 2007)

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community legal calendar Mercy’s Gate: Legal Advice

Legal advice: during office hours, by appointment only 719-277-7470 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.

Ask-A-Lawyer, sponsored by the El Paso County Bar Association

10 a.m. – noon, on the 2nd Saturday of each month, no appointment necessary Located in the Imagination Celebration Suite on the east side of the Citadel Mall, on the second level 719-636-1532 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.

Probate Clinic, sponsored by the El Paso County Bar Association

5:30 p.m. on the 2nd Tuesday of every month Pikes Peak Pro Bono Project, 719-473-6212 Free Legal Clinics www.elpasocountybar.org Experienced attorneys will provide free legal information about probate issues, filing for guardianship or conservatorship of adults and minors, and wills. After the information session, you may meet with an attorney, without charge, for 1-on-1 advice.

Pro Se Veterans Issues Clinic, sponsored by the El Paso County Bar Association (appointment required)

5:30 pm 2nd Tuesday of each month Pikes Peak Pro Bono Project, 719 473-6212 Free Legal Clinics www.elpasocountybar.org Pro Se (self-represented) Veterans may receive legal assistance for the following civil matters: Family, Bankruptcy, Eviction, Foreclosure, Consumer and Benefits. To sign up for a 30-minute appointment, please call Pikes Peak Pro Bono Project at 719-473-6212.

Marian House Legal Clinic

11 a.m. – 1 p.m. 4th Saturday of each month El Paso County Bar Association at 719-473-6212. Clients of the Marian House are welcome to attend this free Ask-ALawyer clinic. Experienced attorneys are available to assist and answer questions on a variety of legal issues. No appointment necessary.

Divorce Clinic (appointment required)

5:15 – 7:15 p.m. 3rd Tuesday of each month Colorado Legal Services at 719-471-0380 to make an appointment Gold Hill Police Substation, 955 West Moreno Avenue Receive help in filing for divorce. Clients must call before the clinic to be screened for eligibility and conflicts and to complete an intake form. 4

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FA M I LY F I R S T Marrison Law fights for rights in custody, divorce disputes

BY HANNAH BLICK • PHOTOS BY ERICIA F ELLION

f anyone knows a thing or two about successful relationships, it’s attorney Pat Marrison. After 46 years in a strong marriage and raising three children and two stepchildren, the family law attorney brings decades of experience and sincere empathy for each of her clients to the table. “I know what it’s like, the pain and the joy that families walk through,” she said. “People

who come to me are at some of the lowest points of their lives; I see my role as trying to better the lives of people who are unhappy in their relationships, so they can move on and become productive citizens again.” Marrison Family Law is the largest local firm in Colorado Springs devoted exclusively to family law. From divorce to property division, Pat is well versed in the variety of legal issues families face. Her firm, Marrison Family Law, located at 225 E. Cheyenne Mountain CONTINUED ON PAGE 6

PICTURED BACK ROW FROM LEFT: Andrew Drescher, Kevin J. Stoner, Michael A. Lucas and Joseph A. Ditlow MIDDLE ROW FROM LEFT: Brittany Joerger, Brenda L. Jordahl, Nicole L. Bartell, Shannon Morris, Kara Mietlicki, Misty Hunt, Victoria Davis and Donna Patton FRONT ROW FROM LEFT: Rex Marrison and M. Patricia Marrison THE GAZET TE

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Back row from left: Kevin J. Stoner, Michael A. Lucas and Joseph A. Ditlow Front row from left: Brenda L. Jordahl, Nicole L. Bartell and M. Patricia Marrison

Marrison Family Law, LLC CONTINUED FROM PAGE 5

Boulevard, is especially passionate about adoption and child custody cases. “It’s so hard on the kids,” she said. “We try to be as understanding as possible and move them out of this tragic time and into a better future.” With more than 50 years combined experience, Pat and her team of capable attorneys, paralegals, and support staff fight for the rights of each family member, helping clients achieve the best possible outcome.

FAMILY TIES

Originally from the West Coast, Pat earned her law degree from the University of California at Los Angeles School of Law in

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1977, and practiced in California for 14 years. In 1990, Pat and her husband Rex Marrison, relocated to Colorado with their three children. “We chose Colorado Springs because we felt it was the best place for our family,” Pat said. “It’s beautiful and has plenty of cultural amenities, two universities, good people, and of course, the outdoors.” Working in family law constantly reminds Pat of the importance of spending time with family. While her three children have pursued education and careers in architecture, engineering, and law outside of Colorado Springs, she believes the distance won’t last too long. “They are slowly making their

“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.” — M. Patricia Marrison

ways back to Colorado Springs,” she said with a laugh. “This is a family town, a great place to raise children, which is why I so enjoy practicing law and serving the families here.” While the legal 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. “It’s like a whole different world out here,” she said. “Attorneys care about upholding the law and guiding families through the system. 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 has followed a handful of families for years and seen clients meet new partners, raise children, and move into more hopeful lives. “They’ve survived and even thrived; many have truly become better people.”

Marrison Family Law, LLC

225 East Cheyenne Mountain Blvd. Colorado Springs, Colorado 80906 Phone: 719-577-9292 Fax: 719-632-6553 www.marrisonlaw.com

EXPERT COUNSEL

Marrison Family Law attorneys — including M. Pat Marrison, Brenda L. Jordahl, Nicole L. Bartell, Joseph A. Ditlow, Kevin J. Stoner, and Michael A. Lucas. — practice throughout Southern Colorado, taking on cases of all sizes and difficulty levels. They serve families in Pueblo, Cañon City, Walsenburg, Cripple Creek and across Douglas and El Paso counties. The firm’s team of paralegals and office support staff works to help families move quickly into the next phases of their lives. “Too often, clients are engaged in battle instead of living life,” Pat said. When a case involves complex property division, Marrison Family Law attorneys bring in Certified Public Accountants and financial advisors to ensure assets are appropriately and fairly dispersed among their clients. This can become more complicated when one partner hides assets or is unfamiliar with the family finances. “It’s up to us to dig and find out what’s going on and navigate it for them,” Pat said. Family law attorneys also face the difficult task of helping clients see soon-to-be-ex partners as valuable. “When we can help them stay calm and resist the temptation to strike out, it

serves the entire family and the case,” Pat said. The attorneys consult local psychologists when it comes to challenging familial relationships, especially when cases involve youth. “I think we need to put a focus on our children, they are our future,” Pat said. Marrison Family Law attorneys are also experienced in helping military members work through difficult family legal situations, with a solid understanding of military law. The firm offers a 10-percent discount on services for military families. Though she witnesses heartbreak every day in families torn apart by custody battles and divorce, Pat knows the part she plays in their journeys makes a difference. “I don’t think we were put on this earth to have an easy time, but we become better and stronger with the challenges we are presented with,” she said. “We want to leave the world a better place because we’re here. That’s our role: making our clients’ lives better so they can contribute to society and move forward.” ◆ THE GAZET TE

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FROM LEFT: Bill Moller, Carla Moller, Kim Steele, Samantha Evers, Kristen R. Jones and Tracy Sturdivan; Hoover the dog lays in the grass below.

Qualified legal counsel for the information age New technologies meet old-fashioned values at The Moller Law Group, LLC

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BY SUSA N JOY PAUL • PHOTOS BY ERICI A F ELLION

ebsites and apps offer information on virtually every topic to anyone with access to a computer, tablet, or smart phone. When it comes to legal matters, that information is not always accurate. William “Bill” Moller of The Moller Law Group, LLC, has seen

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firsthand how easy access to bad information can lead to bad outcomes for people seeking legal advice. “We live in the information age, and unfortunately many people tend to believe that if they read something on the internet it’s got to be true,” said Moller, who has seen many clients get shortchanged due to misinformation, including

Being in Colorado Springs gives us the opportunity to meet the needs of clients up and down the Front Range, from Denver to Pueblo and Cañon City, but we’ve also practiced as far west as Grand Junction. — Bill Moller

a woman who did not get a lawyer during her divorce. “She got a horrible outcome,” he said, “and realized she had given away just about everything.” After the divorce was finalized, the woman decided to seek professional advice. “She came to us and I didn’t over promise,” said Moller. “She knew the worst outcome was that the judge would say, ‘Sorry, you’re stuck with what you got,’ and the best we were going to do was make some modifications. We were successful and we negotiated a better deal for her.”

Moller said this reliance on hearsay for legal advice is not uncommon. “All too often we rely on what we read and what our friends and neighbors tell us. We live in a society where the divorce rate is very high, so we know someone who’s gone through a divorce, but everyone’s circumstances are different. It’s worth a small investment of time and money to get a consult for all legal matters,” he said. He advises people to speak with a lawyer sooner rather than later. “Good documents make good friends. Good agreements make good outcomes. Too

often by the time a client comes to us the damage has been done and we’re doing damage control. If people come earlier for legal counsel it makes a difference.” Moller has been around since well before the information age, when legal information — and misinformation — wasn’t so prevalent. His father was in the US Navy and Moller was born at a naval hospital in Great Lakes, Illinois. He earned a master’s degree at Purdue University and served his country as an infantry officer in the Ranger Battalion, then taught English Literature to cadets at West Point Military Academy and the Air Force Academy. After 21 years of duty, Moller retired from the military and earned his law degree at the University of Denver’s Sturm College of Law, then set up his practice in Colorado Springs and Woodland Park. Going into law was a natural decision for Bill. “When you’re in the military you’re having a positive effect on something directly or indirectly,” he said, “whether it’s preserving the status quo or advancing freedoms. In the law we have the same responsibility — and opportunity — to protect individuals and make things right. That’s always been important to me and that’s why I became an attorney.” “We started out with just the two of us, Bill and I,” said Carla Moller, Bill’s wife of 35 years and the Chief Financial Officer at Moller Law. “We’re both intimately connected with the business and everything that goes on here.” Bill said, “Gradually we added other folks. Right now there are two attorneys in the office, two paralegals and a receptionist, and we still maintain that personal touch.” Moller Law Group recently added a second attorney, Kristen Jones. Bill noted that Kristen, a military spouse who has practiced law in other states, “has a breadth of experience in the business arena, civil actions and the like. She’s very strong,” he said, and Carla added, “Kristen is very detail oriented and meticulous.” With a college degree in mathematics and a minor in computer science, Carla Moller embraces the information age and new technologies, which she leverages to improve efficiency in the office. “Technology has changed the job immensely,” she said, “Everything’s electronically filed in Colorado now. Generally speaking, legal practice can tend to be archaic and people don’t want CONTINUED ON PAGE 10 THE GAZET TE

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The Moller Law Group, LLC has offices in Colorado Springs and Woodland Park: 14 N. Sierra Madre St., Suite A Colorado Springs, Colorado 80903 18401 E. Hwy. 24, Suite 122 Woodland Park, Colorado 80863

www.mollerlawgroup.com 719-694-1284 Toll Free: 866-765-0858 Fax: 719-687-2378

Bill and Carla Moller

The Moller Law Group, LLC CONTINUED FROM PAGE 9

to let go of the old ways. Technology has served us well and enabled us to serve a large variety of people.” Carla uses social media to connect with the public on Twitter and Facebook, while Bill writes a blog to help educate the general public about the law. The firm also appreciates how technologies like Skype allow its attorneys to see clients face-to-face despite busy schedules and geographic barriers. “Being in Colorado Springs gives us the opportunity to meet the needs of clients up and down the Front Range, from Denver to Pueblo and Cañon City, but we’ve also practiced as far west as Grand Junction,” said Bill. Moller Law has even taken on clients outside the U.S. borders. “In a perfect world, we’d like our clients to be here, but in some instances — such as a recent divorce case I did for a woman living overseas whose husband is here — that would come at an incredible expense for the client. By leveraging technology we don’t have to physically meet someone and we can still service them. I had a client in Africa who liked to Skype once a month. He would be in his tent in Africa and I would be here.” The firm would like to see more use of technology in the court system. Carla said, “I’m trying to really push for electronic exhibits in court. There’s no reason that we should be running off copies, putting 10

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them in huge binders and carrying them into court. Why aren’t we using tablets? That would save our clients hours of our time preparing them, it saves the paper, it saves so much. We’re not there yet, but I’m pushing for it — I like to be forwardthinking,” she said. Pros and cons of technology and the information age aside, Bill Moller knows that it’s the lawyers and staff that make or break a law firm. “People want to be heard, and they want to know that someone cares — not only about their case, but about them as an individual. It’s easy to throw around those time-worn phrases, ‘We care. You can trust us,’ but those words really mean something to us.” Carla agreed that caring about people is what counts. “We get a lot of referrals from clients and sometimes from other lawyers, and as a law firm that is the highest compliment you can get.” Rather than focus on one specific area of the law, The Moller Law Group is a onestop shop for families and individuals, providing legal counsel on issues people deal with throughout their lives, including Family Law, Elder Law, Estate Planning, Bankruptcy, Probate, Litigation and Business Law. “I have clients who come to me for one thing, and then come back to me for all their future legal needs,” said Bill. “That’s the kind of relationship I build:

People learn they can count on me to let them know if they don’t need a lawyer for a particular issue, or need to speak with someone else, or if I can give them the help they need.” Carla noted, “Clients have told me that paying for a consult with Bill was the best money they ever spent. If they need more help they hire him, but sometimes they don’t need to because he’s answered all their questions and they walk out knowing exactly what they need to do. People get a lot of value for their consult fee.” Bill Moller wants to encourage people in the information age to think twice about depending on free advice for important issues. “If you have a legal question, get it answered by someone who can actually give you a qualified answer, an answer that’s based on the law and based on experience,” said Bill. “We all want a bargain. I want two dollar gas. But if you’re getting something for nothing, then what you’re receiving probably isn’t worth very much. We have a consult fee because we’re actually going to take the time to talk about your case. If you go to someone who doesn’t, they’re just going to talk in generalities. Coming here, we’re going to learn about you and your case, and tell you the good, the bad, and the ugly so you can make an informed decision as to how you want to proceed.” ◆

HAMMOND LAW GROUP

Chad Spencer, Catherine Hammond, Matt Gardner, Jessica Showers. Photo by Theresa Lee

Holistically helping Colorado families plan ahead BY LESLIE M A SSE Y

t twelve years old Catherine Hammond’s mother came to her with an article about Alzheimer’s disease and said, “I think I have this.” Ten years later, Hammond was forced to put her mother in an assisted living facility because of the effects of the disease.

Through her heartache, Hammond was pushed at just 22 years old to contend with resolving legal and financial aspects of her mom’s estate through the court system. By obtaining a law degree and devoting her practice to estate planning, Hammond determined to help other families avoid the turmoil of a complicated and expensive legal process. CONTINUED ON PAGE 12 THE GAZET TE

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Hammond Law Group

Catherine Hammond Photos by Erica Fellion

CONTINUED FROM PAGE 11

Believe it or not, nearly everyone has an estate. Everything you own — car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, personal possessions, are all considered part of an estate. If you die or become disabled without a will or trust, state law gets to determine how your belongings are distributed, and not only can the result be far from what you wanted, it can also spark trouble in the family. 12

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“The attorney who helped me at that time was so ridiculously helpful,” Hammond said, “I want to be a help to other families going through similar experiences.” As a result, the primary focus of Hammond Law Group is protecting families from the devastating legal effects of disability and death, and advising clients on how best to achieve their goals while eliminating or reducing legal fees, taxes, publicity, and other complications.

“Most estate planners focus on transferring assets from one generation to the next and minimizing taxes,” Hammond said. “What makes us very, very different is that we take a holistic look at our client’s situation and aspirations and really listen to what’s important to them so we can create a plan to help them accomplish all of their goals, not just the financial ones.” This type of holistic approach involves coordinating the ownership of assets including real estate, bank accounts,

businesses and more, to overseeing the beneficiary designations on retirement plans and other accounts, to analyzing each situation to ensure any possible taxes are minimized. But a good estate plan also passes on your wisdom and values along with your assets. “When people’s children get divorced, they want to make sure their assets stay with their child, that they don’t get divided with their child’s future ex-spouse, but not go to the ex-spouse’s new partner,” Hammond said. “People think this happens automatically if they name their son or daughter in their will, but it doesn’t.” And there are other issues to navigate.” Often they want to leave assets to their children but stagger them over time so they don’t run through their trust immediately, or maybe just minimize the conflict between siblings regarding the distribution of assets. That’s a big deal. We’ve seen many families torn apart after a loved one dies, and good planning can minimize the chances that your death will divide your family.” Supporting clients with a strong teamcentered approach means a collection of people are ready and able to help when clients have questions, affording expedient, efficient service anytime. “While each client works with one attorney, we get together and regularly discuss the plans for each client in order to ensure we’re doing everything possible to help meet their goals,” Hammond said.

One of the most common complaints people have with lawyers is a lack of communication, however by working closely as a team Hammond Law Group resolves this issue for their clients. “Everyone is trained to answer questions so we are always able to carry on if their attorney is busy with another client or out of the office.” “We don’t charge our clients for phone calls because we don’t want them to worry about being billed if they need to reach us,” Hammond said. “Clients don’t need to wait until their attorney contacts them to ask questions.” Fostering strong relationships is a fundamental part of Hammond Law Group’s culture. As part of their commitment to providing exceptional client care, a number of resources help ensure the team is communicating effectively, providing helpful information, and keeping clients up-to-date. Along with quarterly newsletters, Hammond Law Group clients are invited to a free “check-up” with an attorney every three years to review their plans and objectives. Not only do laws and regulations change or become restructured, sometimes a client’s needs and ambitions change too. “It’s important for us to keep up with the changes in our client’s lives as well as to make sure the plans we have in place are still the best strategies to help them achieve their goals.” Hammond said.

We don’t charge our clients for phone calls because we don’t want them to worry about being billed if they need to reach us. Clients don’t need to wait until their attorney contacts them to ask questions. — Catherine Hammond Private client workshops on estate planning, aging, and financial topics are held almost every month in the Phyllis A. Hammond Education Center (named for Hammond’s mom). “We’re committed to helping our clients stay well-informed on things that may be relevant to living well and leaving the legacy they desire,” Hammond said. Hammond Law Group believes every family benefits from making informed choices, but they recognize that sometimes even basic planning is tricky and complicated. That’s why they have conducted over 500 free consumer workshops in the past ten years, investing many thousands of dollars and staff hours to make this information available to everyone. Serving Colorado Springs and Denver, helping Colorado families through the planning process as well as navigating some of life’s most difficult events, this is the heart of Hammond Law Group. ◆

For more information Go online to ColoradoEstatePlan.com or call 719-520-1474 in Colorado Springs, and 303-736-6060 in Denver.

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David and Michael McDivitt

MCDIVIT T L AW FIRM:

Remarkable customer service enriched by relentless team work BY LE SLIE M A SSE Y • PHOTOS BY ERICIA F ELLION

or generations, law firms have been known for promoting office environments centered on productivity. In fact, many consider it the ambition of most law firms to emphasize billings, originations and results, seldom highlighting customer service. However, at McDivitt Law Firm, the team uses a client-centric focus, in every aspect of the organization. Because of its commitment to providing the highest quality legal services, McDivitt Law Firm fosters an atmosphere that is positive, caring and constructive. “From the start, we have worked to put the

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client first. And the only way to achieve that is to ensure that we have an incredible team in place,” said attorney Mike McDivitt, who asked other people in the firm to explain how that works. “We break down the invisible wall that makes it so hard for people to get access to the justice system,” said Brianna Oliver, manager of McDivitt’s intake department, which takes all new client calls. “The legal process can be overwhelming and complex, so we simplify that process for them while showing them the empathy and integrity that they deserve.” McDivitt accomplishes this by vetting each new team

member to ensure they embody the core values of the firm. Team members are then put through an extensive training so

McDivitt Law Firm

Downtown Colorado Springs 19 East Cimarron Street Phone: 719-471-3700 Fax: 719-471-9782

Denver 1401 17th Street, Suite 500 Phone: 3030-426-4878 Fax: 303-996-8569

North Colorado Springs 5850 Tutt Center Point, Suite 110 Phone: 719-471-3700 Fax: 719-471-3701

Pueblo 409 North Grand Avenue, Suite D Phone: 719-542-3700 Fax: 719-542-3701

www.mcdivittlaw.com

Kristin Becker, Workers Compensation Supervisor at McDivitt Law Firm

that every client receives individual care and attention. “It begins with training our team members to not only go above and beyond what clients may expect, but to train team members to understand ‘why’ this is so important,” said Lori Marin, the firm’s Director of Training. “We believe that legendary client service begins with ‘internal’ client service, and how we treat each other in the workplace. Our training department offers more than 20 hours of client service and internal service skill training to our team members as required curriculum. The result creates not only an outstanding experience for clients, but also a fantastic place to work. It all comes full circle in the firm’s commitment to people and outstanding education.” Establishing a unified and valued workforce at the firm cultivates a genuinely compassionate approach to serving clients. Blending legal services with a personal level of support by taking the time to get to know each client and recognizing them as they come through the door, is a routine part of their business. “I absolutely love working here. The passion and integrity of this company blows my mind every day,” said Kristin Becker, Workers Compensation Supervisor at McDivitt Law Firm, who has been with the firm for more than eight years. “Our client service principles are the foundation of McDivitt Law Firm. From the moment a client calls, we get to know the client and what’s going on. Our team members reassure clients that we are here to help them get back on their feet, and make a bad life experience better.” Oliver added, “People contact us when they are going through a very rough period in their lives, through no fault of their own. What they are going through can be terrible, but their experience at McDivitt will help ease that unfortunate time in

their lives by providing them a place where they are cared for and understood.” McDivitt Law Firm works hard to make sure clients never feel like just a number, and they can be confident about what benefits are owed to them. “Most of our clients have never been through something like this and we want them to feel that they have someone to talk to and trust,” Becker said. “Because each case is handled by a team who all really dig in and get involved, there is always someone available to answer questions.” Additionally, Becker pointed out, because of the firm’s team structure, clients undergo fewer delays in obtaining service, and the cases are able to move along at a faster pace. Becker added, “We understand how stressful it can be so we are sure to call and check-in with clients regularly. One of our key objectives is keeping our clients informed and aware of everything going on.” Recognizing every client is different and each case is unique, McDivitt Law strongly believes a team of great minds working collectively on each case makes a huge difference in the outcome. “Our attorneys really fight to get our clients what they need,” Becker said. “Each team assigned to a case meets regularly to coordinate, update, and develop the best plan for each case. Everyone at McDivitt Law is devoted to working alongside our clients and pushing through to the end of the process for what’s right.” ◆

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A leader for

JUSTICE The Bussey Law Firm P.C. continues leadership in Colorado CO U R T E S Y O F T H E B U S S E Y L A W F I R M P.C .

ustice Felix Frankfurter wrote in 1961 of “the basic notion that the terrible engine of the criminal law is not to be used to overreach individuals who stand helpless against it.” Nothing could better define the mission of The Bussey Law Firm, P.C., where the firm’s lead attorney, Timothy R. Bussey, enters his twenty-fifth year of practice.

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In a thousand ways, year after year, well-meaning prosecutors, legislators, law enforcement officers, technicians and psychologists literally conspire to fuel and quicken this engine of the criminal law. Well-meaning or not, these people create a severe peril for those they attack. For the accused, there is little refuge except in the dedication, courage, learning,

and guile of experienced defense counsel. It takes all of these traits for defense counsel to assure the engine does not simply chew accused citizens up and spit them out. If, as Justice Frankfurter suggests, the law can be likened to an engine, that engine is fueled by words, words, words. Each day lawyers confront jumbled statutes, confusing case law, long search warrant applications, and terse laboratory reports. The genuine substance of government’s accusatory papers may be hidden or altogether missing. Parsing language and identifying the sometimes narrow path to acquittal is defense counsel’s work. Mr. Bussey frequently finds that what might at first look like a damning indictment of his client, turns out to be mostly hot air or the result of some legal or scientific principle that has been misapplied. For several years the Bussey Law Firm has also grown its case load on the civil side, with representation of plaintiffs who have suffered damages from torts or civil rights violations. A bright feather in Mr. Bussey’s cap is the £100,000 libel judgment he won last year in English courts against a fraudster who hired himself out to defame professionals over the Internet. The judgment was the first of its kind, and it lights the way for others to redress defamation that occurs over this new and pervasive electronic medium. “Civil plaintiffs’ work parallels criminal defense work,” Mr. Bussey said, “because in either situation counsel is seeking to protect clients from aggression. An overzealous prosecutor is not unlike a reckless tortfeasor. We address matters that could affect our clients for the rest of their lives. You have to explore every avenue that could make a difference.” For an edge, Mr. Bussey has long sought aid from scientific learning. He is Colorado’s only certified ACS-CHAL Forensic Lawyer-Scientist. The American Chemical Society (ACS) is the world’s largest scientific society and one of the world’s leading sources of authoritative scientific information. The Society’s Chemistry and Law Division leads the effort to shine the light of science inside the courtrooms where human fates are decided. In the many cases where prosecutors try to dress their accusations in the mantel of science, it

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12 East Boulder Street Phone: 719-475-2555 • Fax: 719-475-0046 www.thebusseylawfirm.com is only with full comprehension of that science that defense counsel can expose false or misleading claims. At the Bussey Law Firm there has also been consistent emphasis on assisting the country’s military personnel, be it soldiers based at Ft. Carson or officers in the United States Air Force. Of all the firm’s work, Mr. Bussey says he enjoys helping veterans the most. These men and women subject themselves to a system of rigor and discipline and honor, he recognizes. Their unique concerns are well known to Mr. Bussey, who began his career as an active duty judge advocate in 1991. He was assigned to Peterson AFB and began his career as a litigator. Despite receiving specialized education in law school to handle environmental law litigation, Bussey was tasked by the Air Force to handle criminal cases. He first handled cases as a prosecutor and later became the Area Defense Counsel for local Air Force members. Bussey defended Air Force members at Peterson AFB, Falcon AFB (now Schriever AFB),

the Air Force Academy and Cheyenne Mountain AFB. Mr. Bussey has defended military members in cases ranging from lower level administrative actions to high level felony cases. He was certified by the Air Force as both a trial attorney and defense counsel. His scientific training in environmental law continues to assist him in dealing with forensic science. This is consistently an asset for military members and others who have sought the firm’s representation. Mr. Bussey is joined in his efforts for the second year by rising young lawyer Clint Albert. Mr. Albert cut his teeth as a deputy state public defender. There is simply nowhere to hide in that role. “From day one,” Mr. Albert said, he was called to perform before prosecutors, judges and juries, learning on the fly. Now, as a tested veteran of the front lines of criminal defense, Mr. Albert is enjoying the opportunity refine his craft and focus the firm’s resources on a carefully selected group of clients. ◆ THE GAZET TE

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When state and local laws conflict B Y J I M F LY N N • P H O T O B Y M A R Y LY N N E A S H L E Y

So what happens when a Colorado municipality passes a law (usually called an ordinance) in possible conflict with a law created by the state Legislature? The answer is — legal chaos. The Colorado Constitution grants to municipalities (such as Colorado Springs) adopting a “home rule” charter the right to govern their own affairs. Specifically, Section 6 of Article XX of the state constitution says

that laws created by a home rule municipality “shall supersede within the territorial limits of said city or town any law of the state in conflict therewith.” But that’s not really how it works. Instead, if the matter in question is one of “statewide concern” and the local law gets in the way of the functioning of the state law, the local law is pre-empted. Sometimes the Legislature, when enacting a law,

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makes a clear statement that the law is a matter of statewide concern and municipalities need to butt out. Other times, however, courts have to decide the statewide concern issue by looking closely at the language the Legislature used in writing the law, the need for statewide uniformity and/or the impact a local law might have beyond a municipality’s geographical limits. To further complicate the situation, even if a matter is of statewide concern, a state law and a municipal law dealing with the same subject can coexist. Thus, courts have to look not only at the issue of statewide concern but also the issue of operational conflict in deciding whether or not a state law will pre-empt a local law. This issue of state law versus local law came to a head recently in two cases decided on May 2 by the Colorado Supreme Court. Both involved fracking. In 2012, the city of Longmont passed a law prohibiting fracking activity, and the storage of fracking-related byproducts, within city limits. In 2013, the city of Fort Collins didn’t outright ban fracking, but it did put in place a fiveyear moratorium. Both cities were sued by the Colorado Oil and Gas Association, a trade organization, and in both cases the cities lost. The Supreme Court concluded that, by reason of the Legislature’s passage of the Oil and Gas Conservation Act; the creation of a regulatory agency to administer the act

(the Colorado Oil and Gas Conservation Commission); the comprehensive rules this agency has put in place; and the fact that oil and gas deposits don’t pay much attention to municipal boundaries, fracking is a matter of statewide concern. The court also found there was an irreconcilable operational conflict between the state law and these local laws, and the local laws were therefore preempted. After these Supreme Court decisions, although there is still room for municipalities to regulate some aspects of fracking activity, its outright ban is no longer an option, and it’s largely up to the Oil and Gas Conservation Commission to decide how oil and gas deposits can be efficiently and fairly developed “consistent with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources.” In furtherance of that agenda, the commission recently approved an application to drill 28 wells in the Garfield County community of Battlement Mesa. And the commission is continuing its review of an application to drill other wells closer to the Colorado River and a municipal water intake. ◆ Jim Flynn is a private attorney with Flynn Wright & Bentley LLC in Colorado Springs. He also is the author of three lawrelated novels. Contact him at moneylaw@jtflynn.com.

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