Colorado Defense Lawyers Association

Professionalism... Come on, indulge me.

Above all, a lawyer owes to all with whom the lawyer comes in contact, civility, professional integrity and personal dignity.
(from the Colorado Bar Association’s Principles of Professionalism)

Professionalism. I know, I am preaching to the choir. But indulge me for a minute. I want to ask each of you a few questions. Raise your right hand and answer the following questions. If I ask a question that you do not adhere to during the day to day practice of law, then put your hand down. Come on, indulge me.

Do you respect the Courts and judicial officers? No? Then put your hand down.
Do you employ only such means as are consistent with truth and honor? No? Then put your hand down.
Do you treat all persons whom you encounter through your practice of law with fairness, courtesy, respect, and honesty? No? Then put your hand down.
Do you use your knowledge of the law for the betterment of society and the improvement of the legal system? No? Then put your hand down.
Do you reject, from any consideration personal to yourself, the cause of the defenseless or oppressed?
Do you at all times faithfully and diligently adhere to the Colorado Rules of Professional Conduct?

How many of you are left with your hands in the air? These are tough questions. These are difficult ideals to adhere to day in and day out as we struggle to practice law. As we battle with the other lawyers on the other side of the courtroom or on the other side of the table, these ideals often times become challenging.

Professionalism is not just an end to our efforts, but being professional should be a reward in and of itself. The practice of law is difficult enough. We need to find success and fulfillment in the means we use to achieve the ends for our clients.

I can hear you asking ‘Why should I be professional when the attorney on the other side of the table may perceive that as a weakness and try to take advantage of me or my client?’ My answer: be professional anyway. The other lawyer may still try to take advantage of your professional courtesies, but I am willing to bet that you are the better lawyer and can still protect your client’s best interest. It is seemingly those lawyers who are not as skilled or who do not have a very merit-worthy case that feel the need to act unprofessionally. You may still ask, ‘Why should I be professionally when the attorney on the other side of the court room will not return the professional courtesies to me?’ My answer: be professional anyway. The other lawyer may return your professionalism. If not, you at least can feel good that you were professional in your practice, in your representation of your client, and in your dealings with others.

Over the next year, the CDLA will be recognizing and honoring those CDLA members who have maintained and do display the highest level of professionalism in the practice of law. The President’s Professionalism Award will be awarded to a CDLA member, nominated by fellow CDLA members, who have, over the day to day practice of law exhibited the highest standards of professionalism.

The CDLA honors John Grund. Many of you know John. Many of you admire and respect John. John has shown over the course of his career that he does adhere to these highest of professionalism standards. You can read all about John and his many accomplishments and his commitments to the practice of law and to the legal community in this newsletter.

If you would like to nominate a CDLA member to receive this award, please send your nominations to me at csargent@pjckn.com. Please include a statement of why you think that your nominee should receive this award.

Now back to the questions that I asked you earlier in this article. Even though these standards seem difficult at best to adhere to day in and day out, it is those standards that each of us is called to maintain. Those questions come from the very oath that each Colorado attorney takes when he or she is admitted to the Colorado Bar. So once again, raise your right hand and read aloud with me:

I do solemnly swear or affirm that:

I will support the Constitution of the United States and the Constitution of the State of Colorado; I will maintain the respect due to Courts and judicial officers; I will employ only such means as are consistent with truth and honor; I will treat all persons whom I encounter through my practice of law with fairness, courtesy, respect, and honesty; I will use my knowledge of the law for the betterment of society and the improvement of the legal system; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed; I will at all times faithfully and diligently adhere to the Colorado Rules of Professional Conduct.

So now having reaffirmed your vows, go forth and ‘professionalize’, and ‘professionalate’. Come on, indulge me.

President's Professionalism Award - September 2008

J. STEPHEN MULLEN, ESQ.

This Month’s President’s Professionalism Award is being given to J. Stephen Mullen, Esq. Steve is a shareholder of Rutherford, Mullen & Moore, LLC. in Colorado Springs.

Steve obtained his undergraduate degree at Lake Forest College in Illinois. He attended law school at Arizona State University. Steve began his legal career in Phoenix for three years for an insurance defense firm. Steve then moved to Colorado Springs at which time he joined his current partner, Jerry Retherford, in 1976. Since that time Steve’s practice has involved all forms of insurance defense litigation but, over the last 10 years or so, he has practiced primarily in the defense of medical malpractice claims. Steve is a member of the American Board of Trial Advocates and DRI. Steve has been a long time member of CDLA.

Steve’s primary interests include his family - wife Nancy and kids Erin and Michael. In addition, in his spare time Steve likes to get to the mountains and to play some golf.

Over his career, Steve has shown outstanding professionalism in the way he handles himself and in the way he interacts with opposing counsel. Litigation can be extremely challenging and we often find ourselves faced with situations that call for us to go the extra mile in upholding and maintaining professionalism. Steve has displayed his abilities to reach across the table and encourage other lawyers to respond professionally. Other CDLA members have commented on Steve’s ability to remain seemingly calm and professional in his dealings with difficult plaintiff lawyers. “Steve always seems to have the rational and reasonable suggestion to move the situation forward. He can calmly and effectively call out a difficult plaintiff lawyer and ask him to step it up and act professionally.” Steve’s efforts have effectuated actual change among lawyers and in the legal community.

Please join me in congratulating J. Stephen Mullen.

President's Professionalism Award - August 2008

JOHN GRUND, ESQ.

John Grund is the founder and managing shareholder of Grund, Dagner & Nelson in Denver. He is licensed in state and federal court in Colorado and Wyoming, and practices throughout the Rocky Mountain region, principally defending complex and multidistrict tort and personal injury litigation. John has presented at legal seminars involving all aspects of civil liability and trial law.

John has unselfishly served the legal community throughout his career. He has participated in the ABA, CBA, and DBA, as well as defense-bar associations and served on committees since he started as a lawyer. He served on the CBA Interprofessional Committee during the 80’s and was its Chair in 1984-85. John has also been with DRI for 20 years and has been an IADC member since 2001.

John was appointed to the Colorado Supreme Court Committee on Civil Pattern Jury Instructions in 1987 and, since 2000, has chaired the subcommittee responsible for Product Liability, Professional Negligence, Insurance Bad Faith, and other tort claims. In 2002, he was also appointed to and served two years on DRI’s Strategic Planning Committee, and since 2005, has chaired DRI’s national Amicus Committee, to which he was first appointed in 1999. He is co-author of (and annually supplements) West’s four-volume Personal Injury Practice — Torts and Insurance, which was published in 2000, and since the late 90’s, he has authored the “Torts” chapter for the CBA’s Annual Survey of Colorado Law. He also contributed three chapters to the CBA’s Colorado Courtroom Handbook for Civil Trials, first published in 1998, and supplemented three times since, most recently this year.

For the past couple of years, John has been peer-selected for the The Best Lawyers in America, in the Insurance Law Specialty, and for the Colorado SuperLawyers in the classification of Personal Injury Defense: General. DRI presented John with a Service Award in Denver in 1999.

John is a fourth generation Coloradoan. He loves to travel in the Colorado Mountains and along the Oregon coast. John’s appreciation for art is apparent in the amazing landscape oils that adorn the hallways of his office. He enjoys photography, especially of the Oregon coast. John has been dedicated over the years to the importance of donating blood and would encourage all who are inclined to get involved.

John has been a CDLA member for 30 years and was Secretary and Board member for 19 of those years. As an author, from 1982 to 2001, John was Editor and Contributing Editor of Defense Forum, CDLA’s monthly newsletter (which he still proofs each month), and he initiated the practice of summarizing state and federal cases concerning all aspects of litigation and tort law for CDLA members and the Colorado state and federal bench. In 2001, the CDLA created the John W. Grund Excellence in Leadership Award, naming John as its first recipient.

Throughout his career John has maintained the highest level of professionalism in the practice of law. He is respected by colleagues from both sides of the Bar. It is with pride that the CDLA awards the President’s Professionalism Award for August 2008 to John Grund.

If you would like to nominate a CDLA member for the President’s Professionalism Award, please email your nominations, together with a statement why you think your nominee should receive the award to Craig Sargent at csargent@pjckn.com.