One of the Greatest: Daniel S. Hoffman (1931-2009), 0717 COBJ, Vol. 46 No. 7 Pg. 54

• Author: BY RICHARD L. GABRIEL

46 Colo.Law. 54

One of the Greatest: Daniel S. Hoffman (1931–2009)

Vol. 46, No. 7 [Page 54]

The Colorado Lawyer

July, 2017

PROFILES IN SUCCESS

BY RICHARD L. GABRIEL

Colorado Lawyer’s “Profiles in Success” column celebrates those individuals, living and deceased, whose contributions to the practice of law lend themselves to inspiring narratives. This article is part of the “Six of the Greatest” series honoring Charles J. Beise, Daniel S. Hoffman, Howard Jenkins, David Johnson Clarke, Bryant O’Donnell, and former Colorado Chief Justice William Erickson. To suggest an article, contact TCL Editor Jessica A. Volz, PhD, at jvolz@cobar.org.

Greatness” is an overused term that can be difficult to define but that is easy to spot in those who truly transcend their chosen fields. In jazz, there were Dizzy and Bird and Ella. In sports, there were Ruth and Gretzky and Ali. And among Colorado lawyers, “[t]here was Dan Hoffman and then there was everyone else.”^[1] Daniel Steven Hoffman was a great lawyer by any measure, but as important, he was a devoted husband, father, and “Poppie” to his grandchildren, a loyal friend, a humanitarian who loved all people, a passionate and lifelong teacher, and an unparalleled advocate for justice in all of its forms. It is this singular combination of qualities and gifts that made Dan Hoffman one of Colorado’s greatest lawyers.

Early Years and Family

Dan was born on May 4, 1931 to Juliette Marbes and Lawrence “Larry” Hoffman. Larry and Juliette’s marriage ended in divorce shortly after Dan’s birth, and Juliette later married Harry Ostrov, a brilliant trust and estate lawyer who raised Dan and whom Dan came to call “Pop.”²

Dan’s upbringing inspired his penchant for storytelling, which would later become his stock in trade. His mother and Pop raised him to be self-reliant and to work hard for anything that he wanted, and his biological father was a colorful character who would occasionally have Dan “run numbers” for him.^[3] Although this was perhaps not where a young boy should have been spending his time, one positive by-product of this experience was Dan’s introduction to jazz, which he heard while hanging out in an occasional alley.⁴ Dan fell in love with this music, and his affection for it burned brightly for the rest of his life.

Fortunately, the influence of Dan’s mother and Pop kept Dan on track, and he immediately distinguished himself as a brilliant student, graduating two years early from South High School on Long Island. He then applied to all of the Ivy League schools, most of which accepted him but insisted on deferring his admission until he turned 18. The University of Colorado, however, was willing to accept Dan without any such stipulation, and he matriculated there at the age of 16. Unsurprisingly, Dan did remarkably well at CU, graduating in 1951 with a degree in economics and thereafter enlisting in the Air Force.⁵

While in the Air Force, Dan was stationed at Lowry Air Force Base, where he taught statistics.⁶ It was there that he showed the first glimpses of his proclivity for advocating for others, regardless of the personal risk involved. In a move that did not please his superiors, he attempted to unionize men enlisted in the Air Force. His actions resulted in his facing a court-martial. In what was probably his first (and most personally significant) courtroom victory, however, he obtained a not guilty verdict, a result that was a matter of great pride and vindication for him.⁷

Also during his Air Force years, and far more consequential, Dan was to meet the woman who would become his lifelong partner, chief advisor, and soulmate. One evening, Dan took a woman to a bar on a date. While they were there, one of the woman’s friends—a stunning young lady named Beverly Swenson—walked in. Dan was immediately smitten with this small-town Minnesota beauty, who, at the time, was working as a secretary at the Gates Rubber Company and making additional money as a hand model. Apparently, the feeling was mutual, and it was not too long before the two were dating. Then, in 1954, the couple married in the chapel at the Lowry Air Force Base.⁸

Thereafter, Dan and Bev moved to New York, and Dan enrolled at Fordham Law School. Life was not easy at the time, and Dan worked as a garbage man to put himself through school. As Dan would say, during this period, he and Bev lived on “chicken wings and peanut butter.”⁹

Although Dan did exceptionally well at Ford-ham, Bev was not enamored of New York. So, the couple moved back to Denver, and Dan finished his law studies at what is now the University of Denver Sturm College of Law, receiving his LL.B. magna cum laude in 1958. Along the way, Dan and Bev also started a family, with daughter Lisa arriving while Dan was in law school and daughters Tracy and Robin coming along in the next few years.¹⁰

Upon completing law school, Dan embarked on his illustrious career, joining the firm of Fugate & Mitchem, where he practiced plaintiffs’ personal injury law.¹¹ There, Dan quickly developed a reputation as a great lawyer and a man of unimpeachable integrity who was deeply committed to his clients. As Denver lawyer Jim Lyons put it, Dan “loved justice in all its forms— civil, social, legal. And he saw the law as the tool to achieve that.”¹²

Dan’s reputation grew, and he soon came to the attention of some of Denver’s leading figures, including newly elected Mayor Tom Currigan, who asked Dan to join his cabinet.

Manager of Safety and a Walk with Dr. King

In 1963, at the age of 32, Dan became the youngest person to be appointed Denver’s Manager of Safety, the civil authority over the city’s police, fire, and sheriff’s departments. At the time, a thievery ring had been uncovered inside the Denver Police Department, and Dan was tasked with “cleaning up” the department, which he did.¹³

In 1965, in his capacity as Manager of Safety, the opportunity arose for Dan to join Dr. Martin Luther King’s march from Selma to Montgomery. Given his commitment to justice, participating was a no-brainer, although he and Bev were aware of the risks that the march posed. Bev, who would have joined Dan but for these risks, stayed at home, even though she fully supported her husband’s decision to participate.¹⁴ Ultimately, Dan walked with three nuns, and he would always view his participation as one of the proudest and most meaningful moments of his life.

Of course, Dan’s passion for justice did not begin or end with this civil rights march. He was always advocating for justice, and he had no qualms about stirring up protest wherever he thought it necessary. He even did so on a cruise ship when, although purportedly on vacation, he sought to represent the ship’s workers to improve their wages and working conditions.¹⁵ And when Robert F. Kennedy launched his bid for the presidency, Dan jumped in with both feet and ultimately landed in the role of advisor to Kennedy.

Return to Practice

Dan loved his role as a public servant, but his desire to advocate directly on behalf of those in need was equally strong. So, he returned to private practice, establishing a firm that eventually would become Hoffman, McDermott & Hoffman, the preeminent plaintiffs’ personal injury firm in the region. As always, Dan “was great at his craft,” and “[t]here was no one who worked harder at it.”¹⁶ Unfortunately, in April 1970, his propensity for workaholism (and his three- to five-pack-a-day smoking habit)...