Lawyer Marketing Lows & Woes

Beth Klein Personal Page
Beth Klein Boulder Attorney Personal Page

Every week or so I get a report from Google on the terms that are used to search for me and my firm. Apparently, the phrases “Beth Klein Boulder” “Beth Klein Attorney”  and “Beth Klein Boulder Attorney” and “Beth Klein Attorney Boulder “are searched so often that several advertising lawyers bid on pay per click ads to re-direct internet traffic to their websites. Fricky, Mertes, Berg, and a few others.  I guess their names aren’t enough and they have to use mine to get clients.  Should I be flattered or mad?



Beth Klein Boulder – talks DUP, the Tory’s Puppetmaster

Beth Klein Boulder talks politics – May and Foster
After failing to win a majority, the Conservative Party forged an alliance with the right wing Democratic Unionist Party (DUP) to form a government. Government needs to have an overall majority of 326 MPs to get legislation past the House of Commons. Let’s meet the DUP which is akin to the Westborough Baptist Church as a political party, now, with power.

The DUP was founded in 1971 by radical Ian Paisley during the Troubles.  It is a Unionist party, a group that favors northern Ireland’s union with the UK and is primarily Protestant.  An Irish nationalist party favors a united Ireland and is typically Catholic.

Beth Klein Boulder talks politics Ian Paisley
Northern Ireland was in the midst of an ethnic-nationalist conflict known as the Troubles, which began in 1969 and would last for the next thirty years. The conflict began amid a campaign to end discrimination against the Catholic/Irish nationalist minority by the Protestant/unionist government and police force. This protest campaign was opposed, often violently, by unionists who viewed it as an Irish republican front. Paisley had led the unionist opposition to the civil rights movement. The DUP were more hardline or loyalist than the UUP and its founding arguably stemmed from insecurities of the Ulster Protestant working class.

The DUP opposed the Sunningdale Agreement of 1973. The Agreement was an attempt to resolve the conflict by setting up a new assembly and government for Northern Ireland in which unionists and Irish nationalists would share power. The Agreement also proposed the creation of a Council of Ireland, which would facilitate co-operation between the governments of Northern Ireland and the Republic of Ireland. The DUP organized general strikes which led to the downfall of these shared-power peace initiatives.

During 1981, the DUP opposed the talks between British Prime Minister Margaret Thatcher and Irish Prime Minister Charles Haughey. That year, Paisley and other DUP members attempted to create a Protestant loyalist volunteer militia—called the (Ulster) Third Force—which would work alongside the police and army to fight the Irish Republican Army (IRA).

In November 1986, a rally was held in which DUP politicians Paisley, Robinson and Ivan Foster announced the formation of the Ulster Resistance Movement (URM). This was a loyalist paramilitary group whose purpose was to “take direct action as and when required” to bring down the Agreement and defeat republicanism. Recruitment rallies were held in towns across Northern Ireland and thousands were said to have joined. The following year, the URM helped smuggle a large shipment of weapons into Northern Ireland, which were shared out between the URM, the Ulster Volunteer Force (UVF) and the Ulster Defence Association (UDA). Most, but not all, of the weaponry was seized by police in 1988. In 1989, URM members attempted to trade Shorts’ missile blueprints for weapons from the apartheid South African regime. Following these revelations, the DUP said that it had cut its links with the URM in 1987.

The DUP opposed the other peace initiatives including the Good Friday Agreement referendum, in which the Agreement was approved by 71.1% of the electorate.

In 2016, seeds of alliances with the Conservatives/Tories were planted. The 2017 election bore fruit of power for the DUP. May will have to make concessions to the DUP in order to maintain her government.

Arlene Foster, is the current leader of the DUP. Foster was raised in the town of Dernawilt and is a member of the Protestant Church of Ireland. Her experience with political violence began early in her life when her father was the victim of a failed assassination attempt — shot at their home. As a teenager, Foster was on a school bus that was bombed by the IRA, the vehicle targeted because its driver was a soldier in the Ulster Defence Regiment. Foster is a degreed lawyer.

The DUP formerly campaigned against the legalisation of homosexual acts in Northern Ireland through the “Save Ulster from Sodomy” campaign,and in recent years has vetoed the legalisation of same-sex marriage in Northern Ireland. In December, the DUP’s Trevor Clarke was criticised by Sir Elton John after the politician admitted he did not know heterosexual people could contract HIV until a charity explained the facts to him.

DUP East Antrim MP Sammy Wilson, a devout climate change denier, was once Northern Ireland’s environment minister. Mervyn Storey, the party’s former education spokesman, once called for creationism – the belief that human life did not evolve over millions of years but was created by God – to be taught alongside evolution in science classes. He has also objected to an exhibition on evolution in the Ulster Museum and signs at the Giant’s Causeway in his North Antrim constituency.

The DUP has called for a debate in the House of Commons over the death penalty. The party maintains that it is “pro-life” and unanimously opposed a bill by Labour MP Diane Johnson to protect women in England and Wales from criminal prosecution if they ended a pregnancy using pills bought online. The DUP opposes funding for international family planning programs.

The party backs “soft Brexit” and a soft border in Ireland.

Beth Klein Boulder Attorney’s Primer on the Chevron Doctrine

Beth Klein Boulder Attorney explores the interpretation of vague legislation and how agencies and courts confront circumstances where Congress has failed to be clear.   Do we defer to the agency bureaucracy or simply strike down ambiguous laws?

Under the Chevron Doctrine, Courts defer to agency interpretation of vague or ambiguous law.   What is problematic is that agencies are not only given the freedom to determine what the law is, but they can change their interpretation at any time.  Uncertainty about law destabilizes our society.

Chevron matters more today than ever, as President Trump changes agency rules – deleting 8 years of pro-union labor rules, immigration policies, environmental controls on fossil fuels and how the ACA is administered.    Can America withstand the whipsaw change of law and policy with the change of the party in charge?  Probably not well.

This is the current standard:

First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute . . . Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.

— Chevron U.S.A. v. NRDC, 467 U.S. 837, 842-43 (1984).

Gorsuch has called out the destabilizing effect of this doctrine.  Citizens should be able to rely on clear and stable law so that they can conform.

Under Chevron the people aren’t just charged with awareness of and the duty to conform their conduct to the fairest reading of the law …. Instead, they are charged with an awareness of Chevron; required to guess whether the statute will be declared “ambiguous” (courts often disagree on what qualifies); and required to guess (again) whether an agency’s interpretation will be deemed “reasonable.”  . . .

And, of course, that’s not the end of it. Even if the people somehow manage to make it through this far unscathed, they must always remain alert to the possibility that the agency will reverse its current view 180 degrees anytime based merely on the shift of political winds and still prevail.

Federal judges have started to  question the constitutionality of allowing Congress to grant so much deference to unelected bureaucrats and to pass unclear and unfinished laws.  Judge Brett Kavanaugh of the D.C. Circuit Court of Appeals wrote a decision last year declaring the structure of the Consumer Financial Protection Agency unconstitutional because no one including the President had the power to fire its director.  Kavanaugh says “Because of their massive power and the absence of Presidential supervision and direction, independent agencies pose a significant threat to individual liberty and to the constitutional system of separation of powers and checks and balances,”  Gorsuch has expressed concerns about Congress delegating legislative power to the President.  The Supreme Court decided in 1892 that Congress can’t delegate legislative power to the president – members of Congress must remain accountable to voters in their own districts. The Supreme Court in 1935 rejected a statute giving the president the power to write an industrial code of competition.

The Courts alway struggle with legislative laziness, bad drafting and the inability and failure to agree on policy.  Activist judges fill in the gaps.  Others defer to the political branch or defer to agencies via the Chevron doctrine.

We are about to embark on a new legal journey.   And its time for Congress to step up their commitment to the People.

Beth Klein Boulder Attorney and the Chevron Doctrine

Rights to be lead questioner in Trump lawsuit auctioned off for charity!

maxresdefaultImagine if you will, a dream lawyer gig – deposing Trump!   Imagine further, that the right to be the lead questioner will be auctioned off of the highest bidder.

Which charity should receive the proceeds?

Leaders Wanted!

Council Vacancies
The Colorado Human Trafficking Council is a statewide, legislatively established body that represents a wide-range of sectors, disciplines, and perspectives. The Council strives to build and enhance collaboration among communities, improve comprehensive services for victims and survivors of human trafficking, to assist in the successful prosecution of human traffickers, and to help prevent human trafficking in Colorado.

There are currently three vacant seats on the Council that cover the following roles:

  • A “representative of a regional or city-wide human trafficking coalition,”
  • A “representative of an organization that provides direct services to victims of human trafficking,”
  • A “representative of a “non-profit organization that facilitates the treatment or housing of human trafficking victims.”

If you or someone you know is appropriate for these vacancies, visit the Council Vacancies page for further information on how to apply.

Trump and Human Trafficking

Beth Klein Boulder Attorney – Where slavery is prevalent and new global will to defeat it.

Even birds that are free to fly, cage them and they shall cry.

70% of all slavery exists in only 12 countries because laws are not enforced and traffickers operate with impunity.  Now we have the political will to fight it.  A global disciplined slavery fund and shared effort to end human trafficking with the global model of fighting AIDS is on the table.   Ending slavery is a victory that is actually possible in our generation.

National Center for Missing and Exploited Children; International Justice Mission; Thorn: Tech Innovation to Fight Child Sexual Exploitation were in attendance to advise the President, and it is good to see Human Trafficking as a first 100 days priority of this administration.

Slave owners prey on poor families seeking a better life

Gowri and her husband wanted to support their children and pay for their medical bills, so they took out a loan from a factory owner.

This turned out to be a trick, and the owner continually increased the loan, violently forcing the family to continue working long hours for him. This abuse continued for nearly 10 years, until IJM was able to send rescue. Today, the slave owner is standing trial, and the family is safe.

Gideon’s grandparents sent him to a man who promised to take care of him and help him go to school. Instead, the man enslaved Gideon* in a fishing boat on Lake Volta in Ghana.

Gideon’s grandfather was not wealthy enough to file charges against the slave owner, but early last year we were able to rescue Gideon and bring him home.


When Elsa* was 12 years old her father died, and her mother left. Elsa was determined to find work, save some money and support her brother.

A bar owner offered her a job that promised good pay. But it was a trap. The bar owner forced her into prostitution, and for years she faced violent abuse and sexual exploitation every single day. But now, Elsa is safe. She is a brave survivor of sex trafficking and describes herself as strong.

THE PRESIDENT: Thank you, everybody, very nice. Nice to see you. Well, I want to thank Dina and Ivanka and everybody for working so hard to set this up. It’s been so important to them, and I want to make it clear today that my administration will focus on ending the absolutely horrific practice of human trafficking. And I am prepared to bring the full force and weight of our government to the federal and at the federal level, and the other highest levels, whatever we can do, in order to solve this horrific problem. It’s getting worse and it’s happening in the United States in addition to the rest of the world, but it’s happening in the United States, which is terrible.

Human trafficking is a dire problem, both domestically and internationally, and is one that’s made really a challenge. And it’s really made possible to a large extent, more of a modern phenomenon, by what’s taking place on the Internet, as you probably know. Solving the human trafficking epidemic, which is what it is, is a priority for my administration. We’re going to help out a lot. “Solve” is a wonderful word, a beautiful word, but I can tell you, we’re going to help a lot.

I’ll direct the Department of Justice, the Department of Homeland Security and other federal agencies that have a role in preventing human trafficking to take a hard look at the resources and personnel that they’re currently devoting to this fight. Now, they are devoting a lot, but we’re going to be devoting more.

Dedicated men and women across the federal government have focused on this for some time, as you know. A lot of you have been dealing with the federal government and it’s been much more focused over the last four weeks — I can tell you that. I cannot thank each of you enough, and the dedicated men and women who run my staff and your staffs in getting everybody together was terrific. I was so glad I was able to be here.

You start with really a tremendous amount of energy and blood, sweat and tears. Government can be helpful, but without you, nothing would happen. So, again, I want to thank everybody in this room. It’s a very, very terrible problem. It’s not talked about enough. People don’t know enough about it. And we’re going to talk about it, and we’re going to bring it out into the open and hopefully we’re going to do a great deal to help prevent some of the horrific — really horrific — crimes that are taking place.

And I can see — I really can say, in this country, people don’t realize how bad it is in this country, but in this country and all over the world. So thank you all for being here.

Thank you very much.

Now that you are aware


It is great to see people being politically aware and involved.    I thought I would share  what state legislatures are doing to solve critical problems.

Starting with Montana (from  This is not a joke. These are real bills, and they are currently taking priority in the Montana legislature over anything legitimate that would create jobs or help people afford healthcare.

1) Remove restrictions on the possession of domestically-bred foxes. HB 157 by Forrest Mandeville R-Columbus (Perhaps this is how Mandeville hunts for chickens.)

2) Impose a new tax on electric vehicles, to encourage more oil consumption, HB 205, Alan Redfield, R-Livingston. (Actual quote from bill co- sponsor: “Fuel efficiency has really impacted us negatively.”)

3) Allow state legislators (and only legislators) a special exemption to carry firearms in any government building, including schools and state prisons, by Randy Brodehl (R) Kalispell HB 280 (Does not apply to legislators who are sent to prison).

4) Ban Sharia law from Montana courts. SB 97 by Keith Regier (Regier believes there is no more pressing issue in Montana.)

5) Exempt sale of “homemade food” from all freshness, safety, cleanliness, and contamination standards. by Greg Hertz R-Polson HB 352 (Includes unsanitized aka “raw” milk, which also has its own separate bill. Finally someone is doing what it takes to advance jobs and economic development in our great state.)

6) Create a state militia and outfit them with uniforms. LC546 by Cary Smith R-Billings (Smith may be in talks with Hugo Boss, who made SS uniforms in the ’30s).

7) Lift nuclear ban so that reactor can be built in the Flathead Valley, next to Galcier National Park. by Derek Skees R-Kalispell LC2008 (Ideas of this caliber never die. See HB 326 from the 2011 session.)

8) Strike the word “fair” wherever it appears in landlord/tenant agreements for trailer homes, by Peggy Webb (R-Billings) HB 350

9) Exempt political ads by religious groups from campaign finance laws, by classifying them as “news reports.” LC0604 by David Howard (R-TEA Park City)

10) Give county sheriffs authority over the federal government in terror investigations. By Cary Smith R-Billings LC0512 (Don’t you feel safer already?)

11) Re-legalize the drinking of beer while riding in a car (the “road beer” bill), by Daniel Zolnikov, R-Billings, HB 206 (Montana ranka 3rd among states with most drunk driving deaths. Perhaps Zolnikov wants the number one spot.)

12) Eliminate the office of Commissioner of Political Practices, by Derek Skees (R-Kalispell) HB 340.(Skees might have been himself removed from office for his involvement in the Meth House Scandal, had not the statute of limitations expired shortly before the Commissioner of Political Practices began his prosecutions.)

13) Ban bicycles from all two-lane roads. by Barry Usher R-Roundup (Indeed Usher owns a motorcycle dealership. Hard to believe this world class idea has not been advanced before.) LC2196

14) Create new time zone known as “Montana Standard Time”, Ryan Osmondson, R-Buffalo, SB206

15) Allow “the possession of firearms on postal service property.” HB 246, by Randy Brodehl (At long last, Montanans will have more freedom to go postal.)

16) Prohibit dousing oneself with out-of-state deer urine, SB 173 Jill Cohenour, D-East Helena (In this case, it’s the necessity of banning said practice that’s nuts, not the bill.)

17) Increase the legislative branch budget by 16% while every branch or agency faces painful cuts. HB 1, by Nancy Ballance R-Bitterroot. (Branding their own caucus as blatant hypocrites is perhaps the sharpest move this bunch has ever made.)


19) HB 55 Vince Ricci “Require DPHHS to seek a waiver to prohibit using SNAP benefits for energy drinks – Classic republican solution in search of a problem because supplement labels on energy drinks already prevent energy drinks from SNAP purchase – which his fellow republican legislator pointed out during the bill hearing 😉 #jobcreation

20) HB 212 Jeff Essmann – This is just another good ol’ voter suppression bill trying to make it harder for elderly, disabled and low income folks to vote by making it illegal for us to pick up their ballots and take them to the elections office. There have been zero cases of ballot theft in Montana. #jobs #morejobs

21) HB 255 This was another solution in search of a problem trying to ban the use of the Governor’s plane from campaign use. The republican chair of the committee was quick to gavel down a dem woman questioning the validity of this garbage. #1stamendmentformenonly and #jobs.

22) SB 27 This bill looks like it provides a legislative reaction to the effective date of the medical marijuana ballot initiative start date ruling of the Supreme Court, but it does so much more – by naming and insulting the court that made the ruling – and ignoring the will of the people. #jobsjobsjobs