Lucy Kennedy Walker Named Newest Partner of HBC


Hutchinson Black and Cook is thrilled to announce that Lucy Kennedy Walker has become a partner of the firm. Lucy joined HBC in 2018 with her colleagues from Robinson Hungate, where her primary focus was in construction litigation. Prior to law school, Lucy worked in the energy industry, including two years in France working for a natural gas company.


Q: What does becoming a member of HBC mean to you?

A: HBC has some of the brightest, most creative lawyers in the country, and certainly in Colorado.  Not to sound overly dramatic, but I’m truly honored to be invited to be a member of this firm. As an associate, I’ve been able to work with different lawyers in many different areas and I really feel like I’ve had agency in carving out the practice I want.  It’s exciting and terrifying to be facing the product of that work in real time!


Q: Since joining HBC in 2018, what cases have had the biggest impact on you personally? 

A: One of the things I’ve really appreciated about working at HBC is how I’ve been able to take on both traditional, hourly billable work and then also Title IX or victim representation contingency cases.  The cases in this latter category are definitely some of the ones that keep me up at night worrying, but the wins stay with me here.  Representing someone who has been traumatized by institutional discrimination – that feels good. I’m proud of that. 


Q: How has your approach to law changed since you began your practice?

A: [Before I became a lawyer], I worked for an energy company on the strategic planning side. I would watch the lawyers work out these incredibly complex problems that involved everything from pricing that changed by the nanosecond to tariff issues to international politics.  I wasn’t expecting to go into litigation when I started law school, but here we are! I think it's been a lot of learning the path that feels the best for me personally, balancing work and life, balancing litigation and deal-making, balancing learning and doing.


Q: What has been most rewarding to you in your law practice? 

A: I enjoy digging deep into a nuanced legal question, and really spending the time researching and learning.  Doing that work and presenting it to the court and then getting a positive ruling – that feels great. 


Q: What is the best – or worst – career advice you ever received?

A: Worst: “Go into computer science.”  I’d be terrible at that.


Q: What’s the hardest lesson you ever learned?

A: Sometimes, especially in litigation, you lose – even when you are 100% convinced you’re right and you’ve done everything you can to try to persuade the court to that end.  Sometimes the judge decides against your client.  No two ways around it, that’s really rough. It’s rough to explain to the client, rough to internalize the loss thinking of other arguments that could have been made.  Sometimes it feels deeply unfair, but that’s the nature of the beast with litigation. 


Q: What is a great book you’ve read recently? 

A: I have 2 children under the age of four and more “extracurricular” commitments than I should, so I don’t have a ton of reading time these days. However, the coolest “book” purchase I’ve made of late was a bound copy of the sheet music for Handel’s Messiah. A friend talked me into joining a community sing for it this winter.  The music arrived, and I could tell it was old. Turns out it was published in 1912. There are pencil markings from singers who used it before – both a soprano and a bass – makes you wonder how many hands it has been in. Safe to assume I'm the first woman who sings tenor who’s owned it!


Q: What makes HBC a good fit for you?

A: On a personal level, I’ve lucked out in that HBC is a lifestyle firm.  Everyone who works here is a preeminent attorney in their respective legal field, but they want to be at HBC because they’re also committed ultramarathoners or musicians or followers of whatever other passion.  I worked for a “big law” firm as a paralegal before law school, and every time I was there at 3 am trying to get a document production together, I’d be there with some hapless associate with pictures of their children on their desks. No regrets about not pursuing that life!  


In litigation when you're on deadline, you work late to get it done, but at HBC that’s not the weekly norm. I want to be around for my kids’ childhoods, and I also really enjoy my commitments at the boxing gym and want to climb every 14er (that doesn’t require a climbing harness and ropes.) I wouldn’t be in Colorado if I wanted my job to define every aspect of my life.


HBC has really allowed me as an associate to focus on areas of practice that I wanted to explore.  I think in a lot of law firms, young attorneys are slotted in where the needs of the firm dictate their career trajectories. I joined HBC as a construction attorney with aspirations on the Title IX side.  When I made noise about wanting to get into employment law, superstar lawyers in that field were willing to take me under their wings.  The result is that as I’m adding “member” to my resume, I have areas of practice that really are what I want to be doing.

Year-End Tax Tips


Smart Giving: End-of-Year Charitable Donation Strategies
As 2022 comes to a close, many people focus on charitable giving for the year-end tax benefits. Supporting the important work that nonprofits do is very rewarding, and fortunately there are ways to help the organizations you care about while also making smart decisions for your finances. It’s a true win-win.

Most people are aware that you can reduce your current year taxable income through a charitable deduction (if you itemize your deductions); you must donate to a qualified charity by Dec. 31 and keep the required documentation, which will vary depending on the contribution type and amount. But before you reach for your checkbook, don’t miss these tips from HBC’s Charitable Giving Group to ensure your donation makes the biggest difference.

Leverage by Gifting Appreciated Securities!
Donating appreciated stocks, bonds or mutual funds (that you’ve held for more than one year) has become increasingly popular. Publicly traded securities (including ETFs and mutual funds) may be donated to many public charities, and there are two great upsides.  The first is it provides a tax deduction equivalent to the fair market value (assuming the assets go to a public charity and do not exceed 30 percent of your Adjusted Gross Income or AGI). In addition, you’ll pay no tax on your gains. Although the market has been quite volatile in 2022, you can still likely find some appreciated assets in your portfolio.

Think about a Qualified Charitable Distribution (QCD)
If you are at least 70½, you can direct up to $100,000 a year from a traditional IRA to a charity through qualified charitable distributions (QCD). This is a great solution for retirees who may not have enough expenses, like home mortgage interest or out-of-pocket medical expenses, to justify itemizing their deductions. QCDs don’t require that you itemize, meaning that you may use the higher standard deduction, but still use a QCD to offset the income generated by an IRA distribution.

Consider a Bunching Strategy
To make the most of the potential itemized tax deductions, consider "bunching." This means bundling or bunching deductions in a single year, and then skipping one or even several years of donations. This strategy works well when your total itemized deductions for a single year may fall below the standard deduction. Obviously, this strategy requires having the financial capacity to pack more than a year's worth of your contributions into a single year. But the upside is, your “bunched” contribution can have a lot of impact for your charity AND for donors experiencing a high-income year or preparing for retirement, since you can maximize your tax benefits when you need.  If you pair this strategy with a Donor-Advised Fund or DAF discussed next, you can create a ready reserve to support charities over time.

Optimize Giving with a Donor-Advised Fund (DAF)
A DAF is a giving vehicle sponsored by a public charity. It allows donors to make a charitable contribution by December 31 and be eligible to receive an immediate tax deduction for 2022.  DAFs are unique because you can receive an income tax deduction, while being able to fund grants at a later time, giving you the breathing room to consider how and when to divide up the actual donation.  This approach can help streamline your giving, including tax recordkeeping, in one convenient location.  It also is a great vehicle in conjunction with the bunching strategy, as it allows a larger charitable deduction in a single year, without having to make the actual gifts to your favorite charitable organizations all at once.

Colorado Child Care Contribution Credit (5C)
The Colorado Child Care Contribution Credit, commonly referred to as the 5C tax credit, was established to encourage greater private support of Colorado child care programs.  Cash contributions to certain qualified Colorado organizations (and/or programs within certain nonprofits) will entitle the donor a 50% nonrefundable credit against their state income tax liability for that year, up to a maximum $100,000 credit (or the donor’s Colorado income tax liability for that year, if less).  Any unused credit due to income tax liability limitations may be carried forward for up to 5 additional tax years.  The qualified organization must provide you with a statement to this effect that you must submit with your timely filed tax return.  Most organizations require you to indicate that your donation should be allocated to these purposes/programs in advance.  Grants from DAFs (discussed above) do not qualify for the 5C Credit.  This is a unique way to support certain qualified programs/charities with a much reduced out-of-pocket impact to you.

Before moving forward with any of these giving strategies, consult your legal, tax or financial advisors. One last tip – don’t delay. Brokerage firms get very busy these final weeks of the year.

Happy giving!

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. Tax information, if any, contained in this communication was not intended or written to be used by any person for the purpose of avoiding penalties, nor should such information be construed as an opinion upon which any person may rely.  This information shall not be construed as legal advice.

Hutchinson Black and Cook Welcomes Three New Attorneys – Molly E. Clarke, Lydia Holzman, and Ryan Robinson


Hutchinson Black and Cook LLC is pleased to welcome three new attorneys to its Boulder office. 

Molly E. Clarke will join the Trusts & Estates Group, for Hutchinson Black and Cook following a judicial clerkship with the Honorable Andrew Hartman of the 20th Judicial District in Boulder, Colorado, where her work focused on civil and probate matters.

Lydia Holzman will focus her practice on both Business & Corporate Law and Trusts & Estates for Hutchinson Black and Cook, bringing with her more than 17 years of legal experience to her practice.  Prior to joining the firm, Lydia worked both in private practice at firms in Denver and Boulder and spent over a decade as an in-house attorney, most recently working at a $12 billion global information technology company.

Ryan Robinson will join the Business and Corporate Law group for Hutchinson Black and Cook, having served as a Summer Associate for Hutchinson Black and Cook in 2022. Prior to that, Ryan clerked for a Construction Defect litigation firm, was a Judicial Intern for Colorado’s 1st Judicial District, represented startups while participating in the Colorado Law Entrepreneurial Law Clinic, and worked for the E&J Gallo Winery in Sales, Data analytics, Customer Development and Sales Management.

Welcome to all!

HBC’s John Clune Receives Ally Award from YWCA Boulder County


HBC is proud to announce that John Clune has received the YWCA 100th Anniversary Active Ally Award from YWCA Boulder County.

A nationally recognized sexual abuse attorney, John Clune has been successfully litigating on behalf of survivors of assault and harassment in courts and campus proceedings for nearly 25 years. 

“We are honored to recognize John for the incredible leadership he has demonstrated and the impact he is making in our community for women, girls and all people,” said Debbie Pope, CEO, YWCA Boulder County.

The YWCA selected John for the Ally Award for his work “as a champion of women, girls and all who identify as female in their community and/or workplaces and is an example of how those who identify as male can improve workplaces and communities so women, girls and all who identify as female can be treated equitably and thrive.”

HBC has been representing student victims of sexual assault and harassment – and many sexual assault and harassment victims in non-educational settings – for more than 20 years. 

To be considered for this award, candidates must exemplify values that align with the mission of the YWCA in eliminating racism and empowering women and girls. Nominees for this award should demonstrate they are working to challenge systems, structures and institutions for the greater advancement and equity of women, girls and all who identify as female.

Hutchinson Black and Cook LLC Launches Sports Law practice


Hutchinson Black and Cook LLC  is proud to announce the launch of its Sports Law practice. It is doing so in response to the growing needs of its clients for sports law representation, to expand its long standing work representing athletes in contract negotiations and to leverage its nationally recognized leadership in championing survivors in Title IX civil proceedings that arise in the context of student athletic programs. 

HBC’s new Sports Law practice will be led by John Clune, one of the nation’s top Title IX attorneys, and a team of attorneys with extensive experience representing athletes, coaches, and other individuals in sport communities.

“Nationally, the growth and complexity of athletic organizations at all levels has led to rising demand for sports law as a practice. At HBC, we have been representing our clients’ sports law needs for years but this expansion formalizes our approach, allows us to attract specialist Sports Law attorneys and leverages our extensive experience representing Title IX clients,” said John Clune, Chair of HBC’s Sports Law practice. “We look forward to meeting the growing Sports Law needs for local and national clients.”

HBC’s Sports Law practice will cover the following areas: Title IX, Contract Assistance, Athlete Contract Representation, Coaching Abuse, Name, Image, and Likeness (NIL), SafeSport, National Governing Body Disputes, NCAA Eligibility, Anti-Doping Rule Violations, and Professional League Player Misconduct.

For more information, see our Sports Law page.

Hutchinson Black and Cook’s Christopher Ford and David Driscoll Named Best Lawyers® 2023 “Lawyer of the Year” in Boulder


Hutchison Black and Cook LLC is proud to have two lawyers named as the Best Lawyers®  2023 “Lawyer of the Year” in Boulder. Christopher W. Ford was recognized for Personal Injury Litigation - Plaintiffs, and David J. Driscoll was recognized for Insurance Law. “Lawyer of the Year” honors are awarded annually to only one lawyer per practice area in each region.

Born and raised in Boulder, Colorado, Christopher Ford has handled cases involving serious personal injuries, civil rights, and complex commercial matters.  He joined Hutchinson Black and Cook in 1998 after completing his clerkship for the Honorable Mary Mullarkey, the Chief Justice of the Colorado Supreme Court.  He regularly teaches for the National Institute of Trial Advocacy. 

A Harvard Law School graduate, Ford was a trustee of the Legal Aid Foundation of Colorado for six years, then became Vice-Chair and then Chairperson of the Foundation.  For over 14 years, he has co-chaired the local Boulder campaign for the Foundation, which raises money for civil legal services for low-income people.

Ford has been selected for inclusion in The Best Lawyers in America® for the past 10 years and named a Colorado Super Lawyer® every year since 2013. He was also named 2017 Personal Injury-Plaintiffs "Lawyer of the Year" for Boulder by Best Lawyers®. 

David Driscolll has represented individuals, large and small businesses and government agencies in trials, appeals, arbitrations and regulatory hearings in numerous courts and venues. His 40 years of practice has also involved complex litigation, including breach of contract, business disputes, environmental torts, personal injury, construction defects, professional negligence, trespass, insurance coverage and insurance bad-faith claims. 

Driscoll is a past president and director of the Boulder County Bar Association.  He was a member of the Colorado Supreme Court's Committee that wrote the rules on the use of Magistrates, and served on the Colorado Supreme Court's Attorney Disciplinary Hearing Board for six years. In addition, he has presented continuing legal education lectures for the Boulder Bar and the Colorado Trial Lawyers Association, and has authored articles on insurance law and deposition strategies for Trial Talk.

Driscoll has been named a Colorado Super Lawyer® nine times and a 2023 The Best Lawyers in America® in the practice areas of Commercial Litigation, Insurance Law, Litigation - Insurance, and Personal Injury Litigation - Plaintiffs.

Eleven Hutchinson Black and Cook Lawyers Listed in 2023 The Best Lawyers in America®


Hutchinson Black and Cook is proud to announce that it has 11 lawyers listed in the 2023 editions of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become regarded as the definitive guide to legal excellence. 

Hutchinson Black and Cook’s complete list of 2023 The Best Lawyers in America®:

  • Jonathan Boonin – Employment Law - Individuals

  • David J. Driscoll – Commercial Litigation, Insurance Law, Litigation - Insurance, Personal Injury Litigation - Plaintiffs (5th year of recognition by Best Lawyers)

  • Maureen E. Eldredge – Corporate Law (5th year of recognition by Best Lawyers)

  • Constance T. Eyster – Trusts and Estates (15th year of recognition by Best Lawyers)

  • Christopher W. Ford – Personal Injury Litigation - Plaintiffs (10th year of recognition by Best Lawyers)

  • Glen F. Gordon – Personal Injury Litigation - Plaintiffs (10th year of recognition by Best Lawyers)

  • John B. Greer – Employment Law - Management

  • Kimberly M. Hult – Medical Malpractice Law - Plaintiffs (10th year of recognition by Best Lawyers)

  • Meghan C. Hungate – Litigation - Construction, Real Estate Law (first year of recognition by Best Lawyers)

  • Jane Caddell Paddison – Trusts and Estates (10th year of recognition by Best Lawyers)

  • C. Brad Peterson – Construction Law (15th year of recognition by Best Lawyers)

Hutchinson Black and Cook to Host Third Community Panel: “The History of the Latino Experience in Boulder County”


On March 16, 2022, Hutchinson Black and Cook, along with co-sponsors CU LatinX Law Student Association, the Museum of Boulder, the NAACP of Boulder, the Center of the American West, CU Law School and CU Black Law Students Association, will host our third of four community panel discussions: “The Roots of Today’s Racial Exclusion in Boulder County and the Road Ahead.” The March panel, “The History of the Latino Experience in Boulder County” will be held at the CU Law School and via Zoom from 7-8:30 pm.

This panel discussion will review the history and culture of Latinos in Boulder County as well as their contributions and sacrifices to our community.

For more information and registration, please click here.

HBC Achieves Important Settlement for Victim of Police Misconduct Against City of Boulder


Hutchinson Black and Cook attorneys Dan Williams and Colleen Koch recently served as co-counsel in a civil rights lawsuit alleging police misconduct brought on behalf of Sammie Lawrence, a Black resident of Boulder, against the City of Boulder arising from Mr. Lawrence’s wrongful arrest. 

Sammie Lawrence and the City of Boulder have agreed to settle the lawsuit, pending in the U.S. District Court for the District of Colorado, through a settlement agreement requiring the payment of  $95,000 and the release of police use-of-force data, including data on use of firearms and stun guns, over a two-year period. 

Per city charter, the settlement was approved by the Boulder City Council at its January 4, 2022 meeting.

Boulder Police Officer Waylon Lolotai arrested Mr. Lawrence at Boulder’s Mapleton Ballfields in April 2019 when Mr. Lawrence exercised his right to observe and record Officer Lolotai, who at the time was harassing individuals experiencing homelessness who were present at the park. When Mr. Lawrence refused to leave the scene, Officer Lolotai violently threw him to the ground and arrested him, all without probable cause. 

In the months following Mr. Lawrence’s arrest, the current Boulder Police Chief and the former Boulder City Attorney commended Officer Lolotai’s work as a police officer and steadfastly defended his conduct. In the face of the City of Boulder condoning Officer Lolotai’s misconduct, Mr. Lawrence filed a federal civil rights lawsuit. A police-practices expert retained for purposes of the lawsuit, Sergeant Natasha Powers-Marakis (Retired) concluded: “the actions of [Officer] Loloati were not in concert with generally accepted police practices.”

In announcing the settlement, Dan Williams said: “This settlement affords some measure of justice to Sammie Lawrence. We hope this settlement will prompt introspection from City officials, whose lofty rhetoric around policing has lagged far behind the reality of Boulder’s pattern of abusive police conduct.”

HBC Welcomes New Associates Tim Shannon and Matt Simonsen


Friday, December 3rd, 2021

Hutchinson Black and Cook is pleased to announce the continued growth of the firm with the addition of two new Associates: Matt Simonsen and Tim Shannon. 

Tim Shannon joined Hutchinson Black & Cook in 2021 and advises clients on business law issues including company formations, corporate governance, incentive plans, business reorganizations, and exit transactions.

Matt Simonsen’s practice focuses on general civil litigation, including Title IX, civil rights, real estate, employment, and appellate litigation.  Matt joined Hutchinson Black and Cook in 2021 after finishing judicial clerkships at the Colorado Supreme Court and Colorado Court of Appeals. 

Welcome Matt and Tim!

Oct 21 Community Panel: The Native American Experience in Boulder County and Beyond


On October 21, 2021, Hutchinson Black and Cook, along with co-sponsors BlackPast.org, the CU Native American Law Student Association, the NAACP of Boulder County, the Center for the American West, the Native American Rights Fund, CU Law School and CU Black Law Students Association, hosted the second of four community panel discussions.

This panel discussed the systemic exclusion of, and racial bias experienced by, Native American communities in Boulder County and throughout Colorado.Panelists also had a forward-looking discussion on how Boulder County can begin to create a more inclusive community.

You can watch the recording here.

Hutchinson Black and Cook Announces Retirement of Baine Kerr


September 30, 2021. Attorney Baine Kerr retired from Hutchinson Black and Cook (HBC), LLC in June of 2021 after 42 years with the firm.

Baine focused on civil litigation for plaintiffs during his years at the firm. In that time, he won record-breaking awards and settlements for his clients, establishing landmark decisions that led to national reforms. His practice emphasized civil rights and medical malpractice cases, especially for delayed diagnosis of breast cancer. He was named Best Lawyers® 2021 Medical Malpractice Law Plaintiff's "Lawyer of the Year". Baine was known nationally for civil rights claims for abused children and sexual assault victims, equal pay and Title IX retaliation and discrimination cases, including precedent-setting college football rape cases at the University of Colorado, Arizona State University, Florida State University, and other institutions. He spoke frequently at Harvard Law School and elsewhere about civil rights litigation under Title IX.

“There are few lawyers that have left their mark in their fields of practice as much as Baine,” said John Clune, Member, Hutchinson Black and Cook LLC. “His tenacity and refusal to accept injustice often led to groundbreaking results for our clients.  It has been a privilege to work with him and we look forward to seeing what his next chapter holds.”


Baine is the author of two best-selling novels, Harmful Intent and Wrongful Death, both legal thrillers, and a collection of short stories, Jumping-Off Place.

Hutchinson Black and Cook to Host Second Community Panel: “The Native American Experience in Boulder and Beyond”


On October 21, 2021, Hutchinson Black and Cook, along with co-sponsors BlackPast.org, the CU Native American Law Student Association, the NAACP of Boulder County, the Center for the American West, the Native American Rights Fund, CU Law School and CU Black Law Students Association, will host our second of four community panel discussions.

This panel discussion will address the systemic exclusion of, and racial bias experienced by, Native American communities in Boulder County and throughout Colorado as well as a forward-looking discussion on how Boulder County can begin to create a more inclusive community.

For more information and registration, click here.

Kimberly Hult named Best Lawyers® 2022 Medical Malpractice Law "Lawyer of the Year" in Boulder.


Hutchinson Black and Cook is pleased to announce that Kimberly Hult was named the Best Lawyers® 2022 Medical Malpractice Law Plaintiff's "Lawyer of the Year" in Boulder. Only one lawyer in each practice area and community is honored with a "Lawyer of the Year" award. 

Kim, a longtime Member of HBC, is a civil litigator who manages a variety of complex legal issues for clients, including difficult medical malpractice claims.  In 2003, Kim, along with Baine Kerr, won what is believed to be the largest breast cancer verdict in Colorado following a lengthy jury trial.  In 2014, she argued and won an appeal before the Tenth Circuit Court of Appeals in a matter addressing when claims against the federal government should arise when there is no clear medical diagnosis. Kim has been selected for inclusion in Best Lawyers of America for her medical malpractice work every year for more than a decade.   

Since moving to Boulder in 1999, Kim has also successfully represented injured individuals with other kinds of personal injury and sexual assault claims.  She has served as lead counsel in numerous high-profile Title IX cases, both in Colorado and nationally, against prominent colleges and universities and large school districts.   

In addition to her work focused on injured individuals, Kim has extensive experience representing large and small institutions, businesses, neighbors, and communities in real property disputes and other civil litigation matters, such as contract, intellectual property, and trade secret disputes.  Notwithstanding the diversity of her practice, Kim has frequently been invited to speak on her varied cases that have gained widespread attention over the last two decades.   

HBC Announces Retirement of Bill Meyer and Jim Carpenter

Stalwarts of Colorado Legal Community Retired in June


Bill Meyer and Jim Carpenter, two stalwarts of the Colorado legal community, retired from Hutchinson Black and Cook (HBC), LLC in June of 2021. They had a combined 89 years of tenure at the firm.

Bill Meyer joined the firm in 1975 and since that time, has become one of the best-known trial lawyers in the area. A fellow of the American College of Trial Lawyers, Bill handled a wide range of major litigation ranging from commercial and intellectual property disputes, to representing Colorado ranchers, local non-profits and the indigent. For nearly three decades, he helped create and worked with a variety of multi-national organizations promoting the rule of law in more than twenty countries.

Jim Carpenter joined the firm in 1978 and spent the past 43 years serving as outside general counsel for numerous businesses in the Boulder Valley and beyond. His practice included a wide range of legal issues facing businesses over their lifespan, from business formation and financing, through contracts and other operational matters, to sale and merger transactions.

“Bill has played an enormous role in the development and success of every litigator at HBC,” said Kimberly Hult, Member, HBC. “Throughout our careers, we have all repeatedly found ourselves sitting in Bill’s office, explaining the latest twist or turn in a case, keenly awaiting his counsel on how best to proceed and help our clients. For many of us, he was the first person we sought when we were confronted with a particularly thorny issue, and he has, without question, contributed so much to our successes, both as individuals and as a firm.”

“Jim has been the heart of the firm’s business section for the past 43 years,” said Carla Sledge, Member, HBC. “His expert, practical, and sound legal counsel for the firm’s clients has been invaluable. We will be forever grateful for his exceptional generosity and are so fortunate to have had Jim as a colleague, mentor and friend for over four decades. We wish him the very best in retirement.”


About Hutchinson Black and Cook, LLC
For over 125 years, HBC's lawyers have been involved in some of the most significant business transactions and complex litigation in Boulder, the Front Range, and beyond. This longevity and the firm’s many practice areas provide the firm with a unique understanding of Boulder’s business environment and the Colorado community as a whole. Our experience can make the difference in recognizing opportunities, anticipating obstacles, and devising creative solutions. HBC places the highest priority on providing clients with individualized attention and legal work of the highest quality. To learn more, go to: https://www.hbcboulder.com/.

Litigation in the Time of COVID: Tips and Tricks Learned After a Year of Practicing Remotely


 On March 11, 2020, Colorado Governor Jared Polis declared a state of disaster emergency due to the presence of COVID-19 in Colorado.  From that point on, it is fair to say that the landscape of practicing law in Boulder County and Colorado as a whole was forever altered.  Counsel tables were replaced with kitchen tables; spare bedrooms became the new conference rooms; and, for many of us, our pets became the new co-counsel.

While practicing remotely hasn’t been all bad—I, for one, enjoy the ability to wear comfortable pants during remote depositions and hearings—it has certainly presented unique challenges which could be solved only through trial and error.  Below are a few of the lessons I have learned after a year of practicing remotely.

Exhibits:  One of the commonly confronted logistical issues with practicing remotely is how to share exhibits with counsel and witnesses who are no longer across the conference room table.  Personally, I have found that having an exhibit technician on the Zoom or Webex conference is money well spent.  The technicians I have worked with have been incredibly efficient at pulling up exhibits, zooming in to the correct focal point, and highlighting the relevant text as I or the witness am speaking.  Although I consider myself reasonably “tech savvy,” many awkward pauses have been eliminated by having someone else locate the PDF I needed.

That said, not every case calls for, or has the funds available for, additional technology support.  In those instances, providing exhibits to opposing counsel and the court reporter, (and the witness, if possible) beforehand helps to make sure everyone has what they need prior to starting the clock.  While some element of surprise is lost, it is well worth it to save the headache of trying to get a witness to read text that, when screen shared, is just too small to be useful.

Audio Setups:  After a year of pandemic life, countless of us have been on—or been in charge of—a hearing or deposition that is sidetracked by echoes, feedback, or microphones that do not work as intended.  There are a few things that can help prevent these issues.  First, always make sure that the audio speaker is far enough away from the microphone so that the sound coming out of the speaker is not immediately picked back up by the microphone.  Second, be sure that anyone who is not speaking is muted—a refrain we have all heard, but that bears repeating.

If it is necessary to have the client or witness in the same room as the attorney, it is imperative that the audio setup gets tested multiple times prior to any appearance.  Feedback problems are common when there are multiple computers on the same remote hearing in the same room, so careful positioning of the equipment is essential.

Organization and Preparation:  In general, remote hearings and depositions require more planning ahead of time.  It is helpful to have likely exhibits opened and ready for display, and any extraneous applications closed down.  It is also important to check the lighting and background in the room and ensure that family and pets are unlikely to enter during the proceedings!

Of course, all of the above tips can only help but so much.  The vagaries of internet connections will continue to be unpredictable at best and working from home always comes with unanticipated surprises.  Above all else, courtesy and patience with your colleagues can continue to make this as workable a process as possible.  That, and checking to make sure all cat filters are turned off prior to speaking with the judge.

*This article was originally published in the April 2021 issue of the Boulder County Bar Association newsletter.

HBC Attorney, Lauren Groth, to speak at The Berkeley Center on Comparative Equality and Anti-Discrimination Law’s 2021 Sexual Harassment in Education Virtual Conference, January 29-30

Hutchinson Black and Cook, LLC is proud to sponsor The Berkeley Center on Comparative Equality and Anti-Discrimination Law’s 2021 Sexual Harassment in Education Virtual Conference.  One of our attorneys, Lauren Groth, will be speaking on the Title IX hearing process and the conference promises to be an excellent opportunity to learn more about Title IX and sexual harassment in schools. For more information and/or to register for the conference, click here