D Scott Martinez of Martinez and Partners: 5 Things I Wish Someone Told Me When I First Became An Attorney

Always be kind: You should be kind to other attorneys and opposing candidates and campaigns, even if you will fight to the death within the confines of the campaign. Be magnanimous in victory and gracious in defeat. You will find you run into the same attorneys over and over again. Be kind and expect to be treated the same in return.

As a part of my series about “5 things I wish someone told me when I first became an attorney” I had the pleasure of interviewing D. Scott Martinez.

D. Scott Martinez is a leading business and government law attorney and businessperson with first-hand knowledge of the interworking of the Colorado and US government. His blended background in business, law, and politics provides an edge to his clients and helps further their respective goals. In addition, Scott deeply understands how to control the position of professionals and organizations looking to traverse the business environment and the regulatory process. To learn more, visit https://www.martinezandpartners.com/.

Thank you so much for joining us! Our readers would love to get to know you a bit more. What is the “backstory” that brought you to this particular career path in law?

My mom was a Denver Public School teacher. When I was in the 3rd grade, she went on strike for better teacher wages. I remember standing outside the administrative building picketing with her on a freezing day. It was snowing, the wind was whipping, and I was in my Moon Boots. It was early in the morning, and as we were picketing, people in suits walked into the building. I asked my mom who they were, and she told me they were the people who were going to help ‘get us higher wages.’ I thought, ‘I want to be one of them and not freezing in the cold.’ At that point, I wanted to be one of the people on the inside fighting for those close to me. That’s what I do as an attorney now, and I love it.

Can you share the funniest or most interesting story that occurred to you in the course of your law career?

The funniest might be when I was Denver City Attorney, and the NFL wanted to use throwback jerseys. For some backstory, in the 70s, the Denver Broncos used a logo with three flags above Mile High Stadium. It was trademarked by the City of Denver and used in park flags. The NFL asked permission from City to use that trademarked symbol. I told the NFL they could use it if they called the Mayor and said the Denver Broncos were the best team in the NFL. They did, and we gave them use rights. That was also the year the Broncos won the Super Bowl. As much as I’d like to, I don’t take credit for the win.

What are some of the most interesting or exciting projects you are working on now?

My favorite clients operate in the world of politics, in particular, gathering signatures for ballot initiatives. This is exciting because I get involved in campaigns across the country — everywhere, from Alabama to Alaska. As a result, I get to hear first-hand about election policies that affect communities. This includes everything from drafting laws to interpreting those that exist to ensuring there are ballot signatures on petitions. Outside my daily work, my favorite pro bono effort is providing mental health resources to communities impacted by mass shootings.

Currently, I’m focused on supporting cities and counties within Colorado. I provide local officials with the resources they need for a robust and effective conversation around gun safety and mental health. Though this is a huge national issue, I locally do what I can with my skill set, and it’s gratifying. This big project needs to be broken down into smaller tasks, and I’m doing what I can here in my communities.

What are some of the most interesting cases you have been involved in? Without sharing anything confidential can you share any stories?

One of the criminal cases I handled was the defense of Leo Cisneros. His daughter was caught in a crossfire of a drug deal gone bad. He was charged, and he was found not guilty. It was interesting because he was born on the same day of the same year that I was. He grew up one mile from where I grew up but had completely different life circumstances. I grew up with two loving, educated parents who helped at every opportunity. Leo told me of one of his earliest experiences. The police found him wandering the neighborhood when he was two years old. He needed his diaper changed. He never had the chances others do. I remember sitting at the same table with him during the trial. I was wearing a suit, defending him while he was handcuffed to the table, facing jail time. I remember thinking how lucky I am to have all the support I had because that’s what can make all the difference in where you end up.

Which people in history inspire you the most? Why?

Risk takers inspire me. I think about people like presidents like Teddy Roosevelt and great military minds like Alexander the Great. But I’m also inspired by people who rise above the day-to-day. I think about my grandmother and grandfather, who worked hard and didn’t take many risks because they were responsible for their families. They sacrificed day in and day out so their kids and grandkids could have opportunities they did not.

What advice would you give to a young person considering a career in law?

Go for it! There’s a lot of talk about how hard law school is and all the barriers to entry. But if you want it, it’s well worth it. So don’t let those barriers hold you back.

If you had the ability to make three reforms in our judicial/legal system, which three would you start with? Why?

1. The first reform would be to create universal pleadings for typical cases so that most individuals could begin a claim without retaining an expensive lawyer.
2. The second reform would institute fully funded prosecutors and defense attorneys in all criminal matters, from municipal crimes to more serious felonies. Unfortunately, most public defender offices don’t have ample budgets.
3. The third reform would be to add a layer of public arbitrators to help solve disputes before they end up in costly mediation. I think a neutral third party to help resolve a conflict in the civil sector early in the process would save a lot of time.

All three reforms make the justice system more accessible and less intimidating to the public.

How have you used your success to bring goodness to the world?

I have been fortunate enough to get asked to serve on nonprofit boards reasonably often. While I love serving on them, I prefer working on nonprofit projects with a definitive start and end. This allows me to help more effectively and use the skills I have to solve their problems, and this is a better use of my time than spending an hour a month as a board member. Sometimes ensuring the boring things like paperwork are done efficiently and correctly is essential for nonprofits. Though it’s not the sexiest subject, ensuring that every ‘t’ is crossed adequately for organizations that promote gun safety is my definition of bringing goodness into the world. This gives me peace of mind that these organizations can do what they need to.

I know this is not an easy job. What drives you?

This is a pretty easy job for me. I believe the quote, ‘you are who you are when nobody’s watching.’ I think about that a lot because the practice of law is solitary and can be challenging for a social person like me. I think about being a good person when no one is looking so that when I’m in social situations, I can keep my chin up and know that the work is done right no matter what.

What are your “5 things I wish someone told me when I first started,” and why. Please share a story or an example for each.

1. Practice empathy: Literally, put yourself in your client’s shoes and try to see what they’re seeing and feel what they’re feeling. By understanding your client, you can better represent them.
2. Know what winning means to you: An attorney needs to understand the difference between a win for you and a win for your client. For example, sometimes going to trial is essential, and sometimes avoiding it is.
3. Know the law: Laws all change frequently. While you always want to provide timely advice to a client, do the research, read the law, and double or triple check before giving answers or advice.
4. Know your superpower: As a lawyer, you must know your strengths. I was hired by a national company that provides online legal forms to fight charges brought against them in Colorado for the unauthorized practice of law. The client faced an immediate court hearing and potentially extensive litigation against them. Before the hearing, I went to the legislature and changed some of the definitions of “ forms “ because the company’s conduct was no longer illegal after this change to the law. At the first hearing, I could show the judge that the language in the law had been changed to the chagrin of the prosecutor, who no longer had a case. The judge dismissed the matter entirely. Sometimes winning isn’t the best argument or position in court: it’s changing the law through legislative action.
5. Always be kind: You should be kind to other attorneys and opposing candidates and campaigns, even if you will fight to the death within the confines of the campaign. Be magnanimous in victory and gracious in defeat. You will find you run into the same attorneys over and over again. Be kind and expect to be treated the same in return.

We are very blessed that some of the biggest names in Business, VC funding, Sports, and Entertainment read this column. Is there a person in the world, or in the US whom you would love to have a private breakfast or lunch with, and why? He or she might see this.

If I could spend one breakfast with anyone in the world, it would be international chef Jacques Pépin. I follow very few people on Instagram, and he’s one of them. He posts a two- to six-minute recipe he prepares from his home kitchen daily. Before his wife passed away, he would make her lunch every day. I encourage everyone to follow him on Instagram: @jacquespepinfoundation.

This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!