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Q1 2016 Newsletter
March 2016
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Practice Areas




Criminal Defense 

Election Law 

Employment Law 

Government Affairs 

Land Use and Zoning 

Liquor Licensing 


Personal Injury 

Real Estate 

Tax and Estate Law 

Melanie MacWilliams-Brooks

What is in this newsletter?
FGMC Briefs
Landmark Preservation in Denver: You Need a Lawyer

Really? You Are Parking In A Handicap Space??
Do You Know What's In Your Glove Compartment?
Liquor License Update

(303) 333-9810
360 S. Garfield St., Ste 600
Denver, CO 80209 

(719) 602-6117
102 S. Tejon St., Ste 1100
Colorado Springs, CO 80903 

"The Importance of Remembering Atticus Finch"

He enjoys the company of prostitutes.  He wears outdated cheap suits with wide collared shirts unbuttoned to reveal a hirsute chest adorned in gold chain. He is involved in drug deals, tax evasion, pyramid schemes, money laundering and aiding and abetting various other crimes. He is Irish but goes by what he believes is a typical Jewish name because his clients "all want a member of the tribe, so to speak."  He is driven only by self-gratification and greed.  Saul Goodman from Breaking Bad is currently the most well-known fictional lawyer in America.

Denny Crane of Boston Legal fame probably comes in second place.  He is the egomaniacal founder of his law firm, boasting a trial record of 6,043-0 (similar to Calisher's).  Denny Crane's own name is his mantra, which he constantly repeats out loud.  His favorite pastimes are sexual harassment, cigars and expensive scotch whiskey.  Denny Crane is driven only by financial gain and the desire to escape his deep-seated insecurities.

Conversely, Atticus Finch from Harper Lee's To Kill a Mocking Bird was the most famous fictional lawyer in a time when lawyers were still considered paragons.  Now, when lawyers are more often denigrated by the media than celebrated, the lessons of Atticus Finch seem increasingly relevant.  He possessed a quiet strength and was a mentor to his children and his peers.  Atticus Finch was a lawyer who was willing to represent an unpopular cause, a black man in a small southern town accused of an inflammatory crime against a white female.  Atticus Finch was not paid for his representation in the case, it was a public service and the right thing for a good lawyer to take on.  He conducted all aspects of his life with dignity, while acknowledging his own human imperfections.  Atticus Finch viewed his work as important.  Unlike Saul and Denny, Atticus Finch was driven by conviction of character and service to his community.

When I was in law school I was also regularly reminded by one professor that law is a profession, not just a job.  Anyone who passes the bar can file a complaint and perform the basic requirements of practicing law.  This professor taught us that lawyers are principled and take on cases that are viewed by some as unsavory.  He also believed that lawyers are to serve their communities through pro bono work and public service.  Twenty-five years have passed since I attended law school and I now work with my friends at Foster Graham Milstein & Calisher, LLP.

At our firm, there are some bottles of aged whiskey in lawyers' cabinets stored for celebrating great transactions or for victories in court.  But, unlike Denny Crane, we espouse Atticus Finch's view of our profession, with a focus on representing parties in perceived unpopular causes and serving our community.
We represent those accused of crimes including fraud, murder and sex offenses.  We represent police officers and public officials. We represent bankers and hard money lenders. We represent the homeless and organizations that serve them.  We represent those opposed to real estate development and real estate developers.  We represent the injured as well as insurance companies.  We represent churches and synagogues.  We represent large corporations and their interests.  We represent the emerging cannabis industry.  We also represent a myriad of other clients who, depending on one's perspective, are engaged in activities or business that are in some manner offensive.  We understand that all of these clients deserve diligent representation by skilled, dedicated lawyers, and we proudly provide that representation.

The lawyers of Foster Graham are also committed to community service.  Among the organizations and causes we support are the Jewish Community Center, Rocky Mountain Down Syndrome Association, Legal Aid Foundation, Law Line 9, Wish for Wheels, Anti-Defamation League, Allied Jewish Federation,  Colorado Rapids Youth Soccer Club, Rose Community Foundation, Dylan Thomas Society, Housing Justice, Civic Center Conservancy, American Jewish Committee, American Red Cross, United Way, Denver Campus for Jewish Education, Toothbrushes for Tots, Colorado Public Radio, Lighthouse Writers Workshop, The Lost Boys of the Sudan and Congregation Emanuel.  We're also pleased to sponsor one of Danny and David's old high school friends, Jason Romero, in his run across America to raise money for charity through www.visionrunusa.com.  Jason is legally blind and hopes to redefine society's expectations and understanding of the visually impaired and blind communities.

When Harper Lee passed away this year, I was reminded of the lawyer she created and my admiration of him.  As a relative newcomer to Foster Graham, I am pleased to be practicing with like-minded colleagues.  

Mark F. Bell,

FGMC Briefs

* Congratulations to Gary Lozow 
FGMC would like to congratulate Gary Lozow on being named in Best Lawyers Colorado "Lawyers of the Year" for 2016.

* Congratulations to The FGMC Criminal Defense team 
The criminal defense team, supported by their paralegal, Donna Brummett, just finished representing a physician in federal court who had been Indicted and accused of multiple counts of narcotics distribution and criminal causation of the deaths of certain of his patients.  The possible sentences were 40 years to life in prison and substantial fines and restitution as components of the possible penalty.  After a five-year battle, the case was successfully resolved with a resolution that required the client to serve an 11-month sentence of in home detention and included no obligation to pay a fine or restitution. (The client's home is in Key West, Florida).

* Lindsay Richardson helping students build their professional reputation.
On March 15th Lindsay was part of a panel helping students and Alumni at CU to build their professional reputation. Part of the University of Colorado's "Spring Professionalism Series"  Click here to see event details

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Landmark Preservation in Denver: You Need a Lawyer!

Historic preservation laws exist at the federal, state and local levels, and present a multitude of issues at each.  From challenges under the Takings Clause of the United States Constitution, to battles over the merits of a property's historic significance, to policy debates regarding the balance between upholding the past and modernizing for the future, historic preservation has become a salient topic across the nation.

Really?? You Are Parking In A Handicap Space??
By Danny S. Foster
(as previously published in the Glendale Cherry Creek Chronicle March 2016)

Not a day goes by that I don't scratch my head when I see someone who clearly is not disabled park his/her car in a handicap space, jump out of their car and run into Albertsons or the Cherry Creek Mall or some other location.

Do You Know What's In Your Glove Compartment?
You are sitting at a stoplight, windows down, enjoying the sunny day while listening to your favorite song on the radio and then BAM, you are rear-ended by the driver that was too busy texting to notice that you were stopped.  What is the first move you make?  You reach into your glove compartment and rummage through your papers for the insurance card that you hope is there.  

FGMC & Brian Proffitt would like to congratulate our new liquor licensed establishments:

Buffalo Wild Wings
3900 River Point Parkway, Sheridan, CO 80110

Regal Continental 10

Breckenridge Market & Liquor
311 S. Ridge Street, Unit B, Breckenridge, CO 80424


Village Inn
4100 E. Mexico Ave., #F, Denver, CO 80222

Meadows Stadium
38315 Park Meadows Center Drive, Lone Tree, CO 80124

Several Starbuck's locations!!