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Advance detail about #azbarcon Thursday AM seminars

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2014 State Bar of Arizona Convention brochure cover hires_optIn advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

  • Who should attend this seminar?
  • What is the one main takeaway a lawyer will gain by attending this seminar?
  • How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
  • What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Today, I share, in two separate posts, the responses of those whose seminars are calendared for tomorrow, Thursday, June 12. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

What follows are the seminar responses I received for the morning programs.

Thursday, June 12, 8:45 am

T-17: Roadblocks to Reentry: Employment Obstacles Following Conviction and a Guide To Ease the Transition

Chair: Gary Restaino

Who should attend this seminar?

Gary Restaino

Gary Restaino

Criminal defense attorneys, legal aid attorneys and employment law attorneys should attend this seminar to better understand the barriers (including employment) faced by defendants reentering society from a period of incarceration, and the opportunities available to assist them.

What is the one main takeaway a lawyer will gain by attending this seminar?

The biggest takeaway may well be the power of second chances.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

One of the key current events with respect to this seminar is the growing “Ban the Box” movement, in which certain employers (either through voluntary action or local ordinances) push the background check process farther into the employee selection cycle, in order to enable a former criminal defendant to develop a rapport with the employer in lieu of outright rejection based on criminal history.

Thursday, June 12, 8:45 am

T-19: The Annual Ethics Game Show

Chair: Lynda Shely

Who should attend?

Lynda Shely

Lynda Shely

Anyone who needs 3 hours of ethics credit while having fun, wants to learn the latest ethics news, and earn a prize … several ethical rules changed this year – do you know how they apply to your practice?

What is the one main takeaway from attending?

No, it’s not the prize – it will be the latest ethics and risk management tips for all firms, including some checklists and templates.

What is the most common misconception about ethics?

IT IS NOT BORING – it can be fun and informative and everyone takes away not only a prize but useful ethics information to share with their offices.

Thursday, June 12, 10:30 am

T-20: The Unblinking Eye: High-Profile Cases and Cameras in the Courtroom

Co-Chair: Judy Schafert

Who should attend this seminar?

Judy Schaffert

Judy Schaffert

Practitioners who try cases, both criminal and civil; public lawyers; lawyers who represent potentially controversial or notorious clients; people who care about the public or the media; politically active practitioners; and anyone who cares about the courts as public institutions.

What is the one main takeaway a lawyer will gain by attending this seminar?

Cameras have entered the courtrooms of our state, but when and how involves more implications and decisions than many might expect.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

There has been a recent change in Arizona court rules — and the technology continuously leapfrogs.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Many lawyers do not appreciate the extent to which cameras in the courts implicate their duties, and their clients’ and witnesses’ rights, especially under the new rules.



Caption contest = #azbarcon fun, prize and community praise possible

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On Tuesday, after the formal State Bar Board photos, Bar CEO John Phelps invited two leaders to participate in what has become a photographic tradition at Convention: the choo-choo photo.

Here it is.

Leaving the station: Whitney Cunningham, Richard Platt, John Phelps

Leaving the station: Whitney Cunningham, Richard Platt, John Phelps

Who is captured? From left, here is State Bar 2013-14 President Whitney Cunningham, 2014-15 President Richard Platt, and John Phelps.

I presume there is an underlying message about organizational change and a parade of talented leaders, some coming, some going.

But why should I presume? Instead, I’d like to know what you think.

Yes, it’s a caption contest. Tell me how you would title this photo. But, because lawyers, we have rules:

  1. Nothing obscene.
  2. Nothing you wouldn’t share with your mother.

OK, I guess I’m saying the same rule twice. But you get the picture (see what I did there?).

(You need not be a lawyer to submit a caption.)

I will take submissions three ways: posted below (always a risk); tweeted with the hashtags #caption and #azbarcon; or emailed to me at arizona.attorney@azbar.org.

What’s the prize? How about a $20 Starbucks gift card, and the praise and admiration of your legal colleagues (and your mother).

Who’s the judge? I’m the judge. But all complaints will be heard by your mother.

Deadline: 9:00 am, Friday, June 13, 2014.


#azbarcon coverage available via too many channels #makeitstop

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Lawyer-Word-Cloud

Keep up with what’s happening at the State Bar Annual Convention by following us on Twitter! Get short, timely messages (including photos, speaker presentations and more) from Arizona Attorney Magazine’s staff. If you, your firm or employer are active on Twitter, just insert the hashtag #azbarcon into all of your Convention tweets to allow them to be read and searched by fellow attendees and the entire legal community.

The Twitter links will take you to updates in our Convention Daily—news items and photos that will appear on the magazine blog, Facebook and Tumblr pages, and in our News Center:

For more detail, click on the image below for gigantification.

Twitter at Convention flier 2014


Advance detail about #azbarcon Thursday PM seminars

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2014 State Bar of Arizona Convention brochure cover hires_optHere is another post that lets Convention seminar chairs speak for themselves. In advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

  • Who should attend this seminar?
  • What is the one main takeaway a lawyer will gain by attending this seminar?
  • How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
  • What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Last evening, I shared the responses of those whose seminars are calendared for the morning of Thursday, June 12. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

What follows are the seminar responses I received for the Thursday afternoon programs.

Thursday, June 12, 2:00 pm

T-24: What Every Lawyer Should Know About the Client Protection Fund

Chair: Chas Wirken, Gust Rosenfeld

Who should attend this seminar?

Chas Wirken

Chas Wirken

Lawyers who represent individuals.

What is the one main takeaway a lawyer will gain by attending this seminar?

A reminder that the Client Protection Fund is available to reimburse clients harmed by dishonest lawyers.

How is this seminar timely?

It will start and end on time. Seriously, dishonest lawyers are victimizing clients more often.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Which claimants and what claims are eligible for reimbursement.

Thursday, June 12, 2:00 pm

T-25: Go Green. Save Green.

Chair: Sharon W. Ng,Stinson Leonard Street LLP

Who should attend this seminar?

Sharon Ng

Sharon Ng

Any individual will find this seminar rewarding who is (i) interested in learning how to make his or her workplace more environmentally-friendly and/or (ii) would like to hear both non-lawyers and lawyers engage in a discussion regarding his or her respective sustainability efforts.

What is the one main takeaway a lawyer will gain by attending this seminar?

The participant will gain valuable insight on how to integrate sustainability into his or her practice and the cost-saving benefits of the same.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

Not only will the participant learn how to weave sustainability into his or her practice, but the suggestions the seminar will address will also touch upon a more mobile and less-paper reliant practice, which is becoming more common in the legal world.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Sustainability does not require significant changes to a lawyer’s practice; it’s accessible and worth it.

Thursday, June 12, 2:00 pm

T-27: Elder Law and Special Needs Planning; Post-DOMA Planning

Co-Chair: Mark Theut, Theut, Theut & Theut PC

Who should attend this seminar?

Estate planners, attorneys who represent guardians and/or conservators and/or fiduciaries, attorneys who probate estates, fiduciaries and paralegals.

How is this seminar timely?

1. It will raise issues in estate planning under the Defense of Marriage Act (DOMA) such as who are the intestate heirs, who has priority to act as guardian/conservator for a partner or minor child, etc.  2.  The seminar will demonstrate how to effectively use mediation in probate and mental health cases, 3. Issues will also be covered related to the Affordable Care Act in estate planning, including the drafting of special needs trusts as well as the handling of guardianship and conservatorship cases and planning for small business owners, and 4.  There will also be a presentation regarding the ethical issues in the practice of estate planning, elder law and probate and liability concerns when representing fiduciaries as trustees, personal representatives, guardians, and conservators, and the steps to take by a practitioner confronted by claims of malpractice.

Thursday, June 12, 2:00 pm

T-28: Unauthorized Practice of Law in Arizona

Response by: Frankie Adamo

Who should attend this seminar?

Frank Adamo

Frank Adamo

All members of the State Bar should attend, because they probably encounter UPL practitioners but either tolerate interacting with them or are unaware of the harm or of how to report it.

What is the one main takeaway a lawyer will gain by attending this seminar?

The distinction between the authority of non-lawyers and out-of-state lawyers to legally provide services, on the one hand, and the harm to the public and the profession that comes from unauthorized practitioners.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

Nationally, aggressive efforts are underway to allow non-lawyers to provide many of the services typically reserved for lawyers.  We need well-informed members to participate meaningfully in this dialogue, to ensure that protections for the public are in place, and that the services that should be reserved for licensed members are safeguarded.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

That, being licensed, they do not need to know about UPL. “That must be someone else’s problem.”


Let’s get swaggy at #azbarcon

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swag graffitiHere is my annual slideshow of select swag (OK, promotional items) provided by exhibitors at the Bar Convention.

A caveat: This is not all there is. What is shown here is an extremely subjective, personal selection made by me. I tend not to pick up pens (they’re nice, but meh).

Thanks again to the exhibitors for helping make the Convention more affordable.

Let’s get schwaggy.

 

 

Click to view slideshow.

#azbarcon silent auction wows with art, more, closes in 1 hour

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Southern Arizona Children's Advocacy Center logo

More than 500 items await the discerning—and persistent—bidder at the annual State Bar Silent Auction. The items run the gamut, from jewelry, to artwork, to golf and resort packages. And the bidding all closes at 4:00 pm.

The Silent Auction is located in the Westin La Paloma lobby.

Proceeds from the auction will benefit the Southern Arizona Children’s Advocacy Center, “a safe and child-sensitive place where child victims of abuse undergo the initial steps of an investigation and begin to heal.”

You can read more about SACA here.


Advance detail about #azbarcon Friday AM, all-day seminars

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2014 State Bar of Arizona Convention brochure cover hires_optHere is another post that lets Convention seminar chairs speak for themselves. In advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

  • Who should attend this seminar?
  • What is the one main takeaway a lawyer will gain by attending this seminar?
  • How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
  • What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Today, I share the responses of those whose seminars are calendared for tomorrow morning, Friday, June 13. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

A final post will share the responses from the Friday afternoon chairs.

Friday, June 13, 8:45 am

F-33: Criminal Risks in Real Estate Deals

Chair: James A. Craft, Apogee Physicians

Who should attend this seminar?

James Craft

James Craft

Criminal defense counsel, real estate transactions counsel and antitrust counsel.

What is the one main takeaway a lawyer will gain by attending this seminar?

In real estate deals and financing, what practices are being targeted today by state and federal prosecutors?

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

In Arizona, real estate scams have a colorful history. The 2008 crash created new enforcement priorities.  And buyer collusion in foreclosure and tax auctions became a national problem, according to recent DOJ prosecutions – including a jury trial recently in Sacrmento.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

“Joint ventures” to purchase real estate at a private or public auction are in some situations bid-rigging, which is a felony.

Friday, June 13, 8:45 am

F-34: ENRLS offers two seminars on Friday morning at the State Bar Conference. The first seminar, titled “Environmental Law: Where we are,”  will feature a panel of experienced environmental attorneys who will be discussing developments in the law for air quality, hazardous waste cleanups, water quality and NEPA.

Chair: Sonia Overholser, Department of the Interior, Phoenix Solicitor’s Office

Who should attend?

We tailor this seminar for attorneys and consultants who work in the area of air or water quality compliance, who have some responsibility for hazardous waste clean ups, or who advise or implement the NEPA process, but this seminar is also suitable for any attorneys or consultants who want to stay current in these areas for any reason.

What is the main takeaway?

Sonia Overholser

Sonia Overholser

Attorneys or consultants who attend this seminar will walk away knowing the very latest developments in each of these areas.

How is it timely?

Air and water quality, hazardous waste clean ups, and NEPA are complex legal areas that are constantly evolving and developing.  For this reason, we discuss the top developments in the last year so we can focus on the cutting edge of the law in each area.

What are some common misconceptions?

I believe it is a misconception to believe that environmental law has not changed from the way it was taught in law schools, if it was taught in law school.  In American legal jurisprudence, environmental law remains relatively young and it has evolved and developed to keep pace with developments in manufacturing and industrial processes, energy generation, land use planning, and scientific improvements for sustaining clean land, air, and water hand in hand with economic development.

Friday, June 13, 10:30 am

F-35: The second seminar offered by ENRLS on Friday morning is titled “Environmental Law: Where are we going?”

Chair: Sonia Overholser, Department of the Interior, Phoenix Solicitor’s Office

Who should attend?

In addition to attorneys or consultants who work in the area of solid or hazardous waste, air or water quality, or NEPA, this seminar would appeal to attorneys or consultants who have an interest in getting a glimpse at where the law might be headed in these areas.  This would be critical to any attorney or consultant working with clients who might be encountering any of these areas in the future.

What is the main takeaway?

No one can predict the future, but in this panel we have assembled top attorneys from private practice and the federal and state regulatory areas, as well as an environmental consultant, to share their observations about the major future trends in environmental law.

How is it timely?

Drought; an increasing awareness of climate change; the promises of energy independence; and technological developments transforming the work place are all recent trends that implicate environmental law and create questions about how the law will develop and evolve.

What are some common misconceptions?

I believe that many miss the connection between environmental law and many of the major social and economic trends that have dominated the last decade.  It may be easy to spot the relationship between energy generation and environmental law, but there are multiple other connections that may not be perceived as readily.  Environmental law remains a critical component for anyone who anticipates playing a role in the major trends of these times.

Friday, June 13, 8:45 am

F-36: Evidence Law Update

Co-chair: Hon. Sam Thumma

Who should attend?

Our program is on evidence and the target audience is litigators of all kind and other lawyers who have matters that may end up in litigation.

What is the main takeaway?

Hon. Sam Thumma

Hon. Sam Thumma

The take away will be an overview of recent significant evidence cases and rules changes, as well as a more detailed discussion of selected areas of evidence law, and how to handle application of the Arizona Rules of Evidence to facts through a few dozen hypotheticals with responders, tabulated electronically and discussed with model answers.

How is the program timely?

The program is timely on that it will discuss up to date evidence developments for use in evidentiary hearings of all types.

What are some common misperceptions?

There are many misconceptions about the law of evidence.  Ones we will address include privilege issues, expert testimony and the hearsay rule and its exceptions.

Friday, June 13, all day

F-44: Lessons From Employment Law

Co-chair: Joe Kroeger

Who should attend this seminar?

Joe Kroeger

Joe Kroeger

This seminar is for the attorney engaged in the practice of labor and employment law.  Whether you represent employees or employers, are in private practice, work for the government, or serve as an in-house attorney, the program will provide updates and offer information that is immediately relevant to your labor and employment practice.

What is the one main takeaway a lawyer will gain by attending this seminar?

This year, attendees will walk away with an improved understanding of the key emerging trends impacting their practice – including new initiatives impacting both union and non-union employers at the National Labor Relations Board, current employment issues impacting the sports world, workplace privacy and data security in the digital age, the continued move towards arbitration and evaluating the pros and cons of arbitration in the workplace, and the top five lesbian, gay, bisexual, and transgender issues facing employment lawyers.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

The program centers on several of the most relevant trends and issues facing the practice today. The panelists will focus on the future of our practice in the ever-shifting labor and employment landscape and also evaluate the lessons we have learned from the past.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Many attorneys, and certainly their clients, continue to operate under the misperception that the National Labor Relations Act only applies to unions and unionized companies.  Increasingly, the NLRB and the courts are applying the NLRB to non-unionized workforces in ever expanding ways.  This seminar will help to educate practitioners as to this developing area, as well as the rapidly developing areas of privacy and data protection and LBGT issues.

Friday, June 13, all day

F-45: Juvenile Law in the Digital Age

Co-chair: Gaylene Morgan

Who should attend this seminar?

  • Anyone interested in juvenile law, using technology in the practice of law, or bullying.
  • Of particular interest to:
  • Attorneys representing children and parents in dependency actions
  • Guardians Ad Litem for children
  • Assistant Attorneys General representing CPS
  • Attorneys representing juveniles or the State in delinquency actions
  • Family Law or other attorneys wanting to know more about juvenile law

What is the one main takeaway a lawyer will gain by attending this seminar?

CURRENT information regarding juvenile law practice:

  • Appellate and Legislative Updates (Update on proposed 2014 Special Session legislation creating a new child welfare agency)
  • Using technology in the practice of juvenile law
  • What’s being done about bullying?  What do kids think about bullying—from the teen panel.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

  • The digital age is changing the way that lawyers practice and  the JLS seminar will provide up-to-date information critical to
  • Lawyers to keep pace with the changes. The legislative update will include information on the 2014 Legislative Special Session
  • The creation of a new stand-alone child welfare agency

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

That the Juvenile Law Section seminar is only of interest to those practicing in the juvenile law area.  Information on technology in the practice of law is of interest and can benefit any lawyer and the bullying topic should be of interest to all.  Hearing from teens about the bullying going on over social media and what they think of it is information not readily available.  The youth panel is always captivating and thought-provoking.

Friday, June 13, all day

F-47: Family Law and the Brain, 9:45 am session

Responded: Robert Barrasso

Who should attend?

Anyone interested in family law should attend this seminar.

What is the one main takeaway?

Robert Barrasso

Robert Barrasso

The one main take away would be how modern brain science information can help the family law practitioner.

Why is this seminar timely?

This seminar is timely because we are going to be hearing an actual court of appeals legal argument on a complicated property issue that will result in new case law. It is also timely because we will be hearing from three different University of Arizona professors about the leading research in brain science.

What is the most common misperception?

The most common misconception is that brain science has nothing to do with family law.

Friday, June 13, all day

F-47: Family Law and the Brain, 2:00 pm session

Responses by: Patricia Green

Who should attend this seminar?

Any attorney practicing or interested in practicing family law, and who desires to increase their knowledge of the various topics identified in the brochure.

What is the one main takeaway a lawyer will gain by attending this seminar?

This seminar will present a rare opportunity to see the Court of Appeals in action – live oral argument on a current family law case – while also giving seminar attendees an opportunity to identify how they would rule on the case.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Two sessions of the seminar will focus on the brain and have presentations from non-lawyers.  These sessions, in particular, are intended to assist attorneys in better understanding brain function for clients, witnesses and judges.


Advance detail about #azbarcon Friday PM seminars

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Westin 3 Westin La Paloma Resort in TucsonHere is the last in a series of posts that lets Convention seminar chairs speak for themselves. In advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

  • Who should attend this seminar?
  • What is the one main takeaway a lawyer will gain by attending this seminar?
  • How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
  • What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Today, I share the responses of those whose seminars are calendared for this afternoon, Friday, June 13. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

Friday, June 13, 2:00 pm

F-38: Mr. Smith Goes to Tucson

Co-chair: Alan Baskin

Who should attend this seminar?

Alan Baskin

Alan Baskin

Anyone who is interested in business, securities law, current events, and/or the impact and application of or potential changes to the JOBS Act.

What is the one main takeaway a lawyer will gain by attending this seminar?

Attendees will hear from Congressman David Schweikert, one of the primary authors of the JOBS Act.  What better way to learn?

Is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

Yes.  The seminar involves the practical application of recent and important legislation. A fabulous opportunity to see if the Act has turned out as expected, learn of any unexpected pitfalls, and hear about what changes may be coming.

Friday, June 13, 2:00 pm

F-40: Embracing the Future of Construction

Chair: Rick Erickson

Who should attend this seminar?

Attorneys interested in construction design, financing, planning, development, administration and project delivery should attend this seminar.  In addition, attorneys should attend if they have an interest in construction industry claims, including litigation of lien disputes, breach of contract, design and construction defects, project delays and licensing complaints against contractors.

What is the one main takeaway a lawyer will gain by attending this seminar?

Rick Erickson

Rick Erickson

Lawyers will better understand how builders and developers achieve success in Arizona and how they rely on their attorneys to succeed.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

The seminar will focus on some of the most recognized projects in Arizona, including Intel Fab 42 in Chandler, University of Arizona Behavioral Sciences in Phoenix, Beal Derkenne’s student towers at UofA and ASU, Caliente’s work on Chase Field and numerous other buildings and Baker Concrete’s role in major projects for Target and other private developers.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

The most common misconception is that lawyers think they know what construction clients really want.  This seminar offers an opportunity to learn how to avoid giving construction clients what they don’t want.

 



Lawyer–leaders sought for next class of @AZStateBar Leadership Institute

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State Bar of Arizona Bar Leadership Institute bannerHere’s where the rubber hits the road: You know an attorney whom you think is going to tear up the profession (in a good way). Or you suspect you’ve got the leadership DNA within yourself. But how to channel it?

An ideal development tool is on offer by the State Bar of Arizona, which is seeking applicants for its 2014-15 Bar Leadership Institute class.

For my money, this has been one of the Bar’s programs that has had the most impact on ensuring the profession’s future.

But get off the stick, leaders: The application deadline is tomorrow, June 20.

No worries: The Bar makes the process pretty easy. Here’s some more background.

As the Bar describes it, the Bar Leadership Institute is an award-winning nine-month professional development program. Since its inception in 2007 the BLI has prepared more than 100 attorneys for leadership positions within the Bar and the community-at-large. Program sessions cover a variety topics ranging from leadership, ethics and career development, to conversations with judges, government attorneys, in-house counsel and executives. Sessions occur monthly starting with a weekend retreat in September.

Attorneys selected to participate receive:

  • Up to two years of CLE credit
  • Leadership and related education and training in an experiential and mentoring learning environment
  • Opportunities to foster relationships with the State Bar of Arizona, partner bar associations, government and community leaders

Applications—available online here—will be accepted through June 20, 2014.

For questions or additional information, contact Elena Nethers, the State Bar’s Diversity and Outreach Advisor: Elena.Nethers@staff.azbar.org

It’s been my pleasure to work with BLI students and graduates, and I’ve always been impressed. Here’s hoping you offer up a name (maybe yours!) to participate.


Caption contest winner of #azbarcon announced, involves #twerking

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Whitney Cunningham, Richard Platt, John Phelps

Whitney Cunningham, Richard Platt, John Phelps

Was it only a week ago that I was at the State Bar Convention, and where I (unwisely?) launched a photo-caption contest?

No matter about my poor judgment: I promised to announce the winner today—Change of Venue Friday—and so I shall.

You can see the photo at the top of this post. As a reminder, this captures what has become an annual tradition as the Bar’s leadership changes. The photo includes the departing President, the incoming President, and the Bar’s CEO/ED. The train is leaving the station, you could say.

Here is the winning entry:

“Is there a choreographer in the house? Please tell me this doesn’t involve twerking.”

As I said in my initial post, the winner receives a Starbucks gift card. As if those in the legal profession need to be caffeinated any more.

I am obliged to disappoint interested readers, though, by saying that the winner must remain anonymous. Due to his or her workplace situation, she or he prefers it that way, and I acquiesce to that request.

I can assure you, though, that the winner is not a State Bar employee, me, or any member of my family.

Besides that, read my original blog post to see where you should file your complaints.

Have a wonderful—and caption-filled—weekend.

(Note: Some may wonder why I included the word “twerking” in the post title. Honestly, I’m simply curious what unique Twitter interactions that may create. We’ll see!)

Next week: A few brief follow-ups to some noteworthy Convention events. (And then we’ll be Convention-free until 2015!)


Free estate planning advice offered tomorrow by @AZStateBar pro bono lawyers

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Estate Planning wills trusts

I often communicate the results of the State Bar’s Lawyers on Call events after they occur. But as I looked at the topic for tomorrow’s pro bono lawyer event, I thought that many of us may have family or friends who could benefit from calling in. Please feel free to share this with them.

Tomorrow’s topic is estate planning (wills, trusts, more). The number to call is (602) 258-1212 (note: lawyers are only available at that phone number from 5 p.m. to 7 p.m. on the days when Lawyers on Call is featured). Here is Bar news about the upcoming Lawyers on Call.

“If you should pass away unexpectedly, will your children be cared for by someone you love and trust? If you become incapacitated, will your business continue to thrive and grow? Will your family have to deal with bureaucracy during a time of sadness? Ease the stress associated with untimely death or accidents by seeking advice from an estate planning attorney for free on Tuesday, July 1.”

“Volunteer estate planning attorneys will answer your questions on the State Bar of Arizona, 12 News, and azcentral.com’s Lawyers on Call public service program. You can discuss your wills, trust, and estate planning issues with them for free from 5 to 7 p.m. on Tuesday, July 1.”


Why every @AZStateBar @AZCLE should begin with a selfie

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The complaint process for Arizona contractors has changed. ROC Contractor complaint process button_opt

Continuing legal education may never be the same again. After an event yesterday, W.E.B. DuBois, Temple Grandin, Ann Sullivan and every other famous educator may have spun in their graves. Why is that? Well, I participated in a CLE program.

What? You ask. You’ve never been a presenter or panelist on a Bar program? Alas, it’s true. (Well, there was one time I played a bumbling and confused attorney for a Solo Section program at the 2004-or-so Convention. But that was hardly acting, and barely educational.)

But then a few months ago, the Bar launched CLE Snippets, and I still wasn’t sure I’d have a part to play.

cle snippets teaser logo. This teaser signifies a new and innovative way to combine magazine content with online learning.Do you remember my discussing the Snippets? They are 15- to 30-minute CLE videos. There will be one a month, each based on an article in the upcoming month’s Arizona Attorney Magazine. The inaugural video covered a topic from the Eye on Ethics column. So it made sense that columnist Dave Dodge and Bar Ethics Counsel Patricia Sallen illustrated the points in the video Q&A.

Our second Snippet, though, covers significant changes being launched to the complaint process regarding contractors. So the story affects lawyers who represent a whole raft of professionals. It’s good stuff.

Much to my surprise, I got to frame and ask questions of the author, Matt Meaker of Sacks Tierney. The questions covered everything from an explanation of what specifically changed, to asking which lawyers and other professionals will be most affected, and whether this is or could be a good thing (or not) for contractors and consumers.

As this is my inaugural CLE, I decided we should be as un-CLE-like as possible. So here is a selfie of me and Matt before the heated (not) conversation. What followed the photo was a casual but substantial Q&A (Matt provided the substantial portion!).

Matt Meaker and Tim Eigo clearly have no game face, as they prepare for a Q&A on changes to the Arizona contractor-complaint process.

Matt Meaker and Tim Eigo clearly have no game face, as they prepare for a Q&A on changes to the Arizona contractor-complaint process.

While the camera rolled, I also had the great pleasure to reveal—to viewers and to Matt himself—that his article was to be our cover story in the July/August 2014 magazine. So not only were we providing excellent practice pointers—we were breaking news!

Matt Meaker headshot

A better, more professional headshot of Matt Meaker of Sacks Tierney.

Matt and I may have similar non-reverential approaches to legal matters. Serious stuff, yes, but why can’t it be delivered in punchy and enjoyable ways?

Of course, I may never be asked back, so that would spell the end of that little experiment.

I’ll share a link of the preview once I have it. And here’s hoping I’ve got a future in legal education! (In this day and age, we all need a back-up plan.)


Water, water everywhere at the @AZStateBar for @lodestardrc drive

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Lodestar Day Resource Center Thirst_Aid_Logo

To the uninformed, the State Bar of Arizona offices may look like we’re getting ready for the next big disaster. But in fact, Bar staff are working hard to address a disaster that strikes unfortunate people every day.

A water drive to assist the Lodestar Day Resource Center and its Thirst Aid initiative has definitely caught the attention of staff. Here’s how Lodestar describes the summer water drive to serve homeless individuals:

“The Human Services Campus is asking the community to participate in the Thirst-Aid campaign by donating bottled water and/or monetary donations to help hydrate those experiencing homelessness. With support from the community, the Human Services Campus hopes to raise 500,000 bottles of water (approximately 20,000 cases) between May 1 to September 30.”

More information about the Center—and what you can do—is here.

Bar staff’s competitive side was roused by the Community Service Committee , which wisely decided a battle between colleagues on the first floor and on the third floor could result in a flood (get it?) of liquid submissions.

That appears to have worked wonders, for staff recently received an email reading, “There have been concerns about the amount of water being stored on the 3rd floor.”

Boom! When staff must be cautioned about a building’s very structural integrity, they have clearly brought it!

In truth, water is everywhere. It’s in the CLE Department’s classroom, multiple people’s offices, hallways, spare cubicles. I get thirsty just seeing it.

Water and tote boards collect on the State Bar's third floor.

Water and tote boards collect on the State Bar’s third floor.

At last count, here’s the tally: 1st floor, 128 cases; 3rd floor, 159 cases.

The drive continues through July 9, so it’s more neck-and-neck than it may appear. (And I have been officed on both floors, so I feel conflicting loyalties. But I guess I’m a 1st-floor person.)

Donated water sits amidst desks in the Bar's CLE Center.

Donated water sits amidst desks in the Bar’s CLE Center.

Besides the water, staff are also donating sunglasses, hats, sunscreen, and lightweight long-sleeved shirts.

In case you wondered, the prize is a pizza party. But honestly, no one I’ve spoken with is primarily driven by the saucy prize; they just want to roll like a river across the finish line.

One of the many State Bar of Arizona offices and cubicles you'll find donated water stored.

One of the many State Bar of Arizona offices and cubicles you’ll find donated water stored.

To help them cross that line, let’s enjoy some river music, as Tina Turner belts out a little Proud Mary. And then, go get more water.


Photos, memories of the @AZStateBar CLE By the Sea sought

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CLE By The Sea 2014: The Last Beachhead

CLE By The Sea 2014: The Last Beachhead

Those of you attending CLE By the Sea this week may be unaware that you’re in the midst of an historic event.

In case you haven’t heard, this will be the last year for CBySea. I suppose a number of factors contributed to its being sunsetted. Among those factors are declining attendance and higher costs.

But I have heard from lawyers who have gone year after year, ever singing its praises. Let’s hear their stories.

So I wonder:

  • If any of you there at the Hotel del Coronado would like to share one favorite moment from this week?
  • And if any of you would like to share a great memory or two from any of the many years of the event?

Economics and shifting interests may have led to the elimination of the event. But I’d be happy to send it out in style, atop a sedan chair bedecked with memories and photos.

Contact me with either at arizona.attorney@azbar.org.


Veteran advocate and attorney Roger Ferland receives national honor

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Volunteers Roger Ferland and Kay Nehring at the 2013 Arizona StandDown. (photo: Alberto Rodriguez)

Volunteers Roger Ferland and Kay Nehring at the 2013 Arizona StandDown. (photo: Alberto Rodriguez)

Some great front-page news: How often can you say that?

But that’s exactly what we had in yesterday’s Arizona Republic, where we learned that attorney Roger Ferland had been honored as the Outstanding Disabled Vet of the Year by the National Disabled Veterans of America.

The story, aptly titled “Phoenix veteran keeps giving back,” is here.

ArmyOneSource logoYou may recall hearing Roger’s name before, often in regard to his massive efforts to assist vets who may need legal assistance.

I wrote about him here, as he played a key role in the Arizona StandDown.

He also was a force for good in the Bar’s participation in the initiative called Army One Source, a national program to recruit volunteer lawyers. Through the leadership of Roger, Arizona yielded the highest number of volunteer lawyers of any participating state. You can read more about that program here.

Congratulations to Roger Ferland, and thank you for your service.

And a hat-tip to John Phelps for alerting me to this great news.



Non-attorney, attorney sought by @AZStateBar for lawyer-applicant review position

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azbar character_and_fitness_2014

The State Bar of Arizona has issued a call for new members of the Arizona Supreme Court’s Committee on Character and Fitness. As the Bar says, “This Committee is responsible for the investigation and recommendation of applicants for admission to the practice of law in Arizona.”

That new members will include a nonlawyer and a lawyer (though there are different application forms). So if this is a good fit for you, read on. And if you are an attorney and have a great nonlawyer candidate in mind, please share this post.

Here is more detail from the Bar:

Before applying, individuals should be aware of the significant responsibilities that correspond with this professional volunteer activity. Committee members need the time, skill and patience to review confidential detailed reports of background investigations into financial, criminal, civil, employment, disciplinary and academic matters. The Committee members review approximately 1,200 applications each year.

The Committee conducts at least one formal hearing monthly in Phoenix. Members are expected to participate in each formal hearing, and in one or more informal hearings per month held throughout the state on an as-needed basis. Between file review and hearings/business meetings, members devote an average of about 25 hours per month to Committee responsibilities.

State Bar of Arizona SBA_Logo_ColorPeople who live outside Maricopa County would enhance the statewide makeup of the Committee and are encouraged to apply. Mileage is paid for any members residing outside Maricopa County, but there is no other compensation for service as a Committee member. Initial terms are four years.

While the committee is not a small commitment, its work is an important part of ensuring that Arizona attorneys meet the standards required in the legal profession.

More information, as well as interactive forms for both attorneys and non-attorneys, may be found here.

Application forms are due by Wednesday, August 27, 2014, and also may be obtained by contacting Carrie Sherman at the State Bar of Arizona at 602-340-7201 or at Carrie.Sherman@staff.azbar.org.

Interviews of selected candidates will occur in September.


Brief @AZCLE video examines contractor complaint process

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Our July/August 2014 cover story (and now a video): Changes to the complaint process at the Ariz. Registrar of Contractors

Our July/August 2014 cover story (and now a video): Changes to the complaint process at the Ariz. Registrar of Contractors

Get ready to snippet. (snippet good)

No, this is not a Nip/Tuck episode (or a Devo song), but an opportunity to view an educational video (and maybe get a little CLE).

As I mentioned last month, Arizona Attorney Magazine is participating in a new venture with the State Bar of Arizona CLE folks. “CLE Snippets” are brief videos that let you hear from an author of an article in the coming month’s magazine.

In July, I had the chance to speak with Matt Meaker (right) about his terrific cover story. (This is just a screen-shot. Want to watch? Click the link below.)

In July, I had the chance to speak with Matt Meaker (right) about his terrific cover story. (This is just a screen-shot. Want to watch? Click the link below.)

When I wrote about this before, I promised (threatened) to provide a link to the teaser. So here it is. If you like it, please feel free to share it around. If you don’t, well, let’s pretend this never happened.

cle snippets teaser logo. This teaser signifies a new and innovative way to combine magazine content with online learning.Thank you again to Matt Meaker of Sacks Tierney for his contribution on changes at the Arizona Registrar of Contractors.

Yesterday, an author and I taped another snippet, which is on compliance (or not) with the Affordable Care Act. But more on that later.


Here, abroad, legal profession under scrutiny

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Canadian Bar Association CBA 2014 report titled Transforming the Delivery of Legal Services in CanadaThis morning, if my plans don’t go awry, I’ll be attending the kickoff meeting of the new Arizona Supreme Court task force that will assess the management and governance of the State Bar of Arizona. I’ll report back on how it goes and what comes next.

Until then, you may want to skim some material about proposed changes to the Canadian legal system. True, the northerly report, if adopted, would make significant changes far beyond one bar association. But I was impressed by the Canadian task force’s willingness to look at all elements of the legal profession with a new eye.

I’m suspecting that the Arizona Supreme Court seeks a similarly clear-eyed look.

The entire report, titled “Transforming the Delivery of Legal Services in Canada,” is here.

Jordan Furlong

Jordan Furlong

And I agree: 106 pages is tough sledding on a Friday. But that’s why you should start with a Jordan Furlong column.

I have mentioned Jordan Furlong before (here and here). And I think his name is well associated with any assessment of what the future of law holds.

His concise and point-by-point analysis deconstructs the Canadian Bar Association report, which he admits he likes quite a bit. And, I’m pretty sure, his column and the related report are solid guideposts for what we may see coming to these United States in the not-so-distant future.

Here is Jordan’s post.

Have a wonderful—and transformative—weekend.


Family law issues the topic for volunteer @AZStateBar lawyers

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Arizona family law attorneys answer consumer questions during Lawyers on Call, September 2, 2014.

Arizona family law attorneys answer consumer questions during Lawyers on Call, September 2, 2014.

Some news from my State Bar colleague Alberto Rodriguez:

On Tuesday, September 2, volunteer lawyers offered their time to answer family law questions as part of the State Bar’s successful Lawyers on Call program.

Those volunteer attorneys answered 96 calls on family law issues—66 of which were addressed via social media. That resulted in a total of 162 people who were helped.

State Bar of Arizona SBA_Logo_ColorThe volunteer attorneys were: Steven Clark, Cody L. Hayes, Heidi Lukacsik, Kelly Mendoza, Jennifer Moshier, Felicia Schumacher, Mike Skupin and Margo A. Shorr.

Two of the eight attorneys were first-time volunteers.

Attorneys received a wide variety of consumer questions. Among them:

  • How can I enforce a child support order? Can I modify a current child support order?
  • How can I terminate child support?
  • Do I have to allow for parenting time if I’m receiving child support?
  • What should I do if I can’t locate my child’s parent to request child support?
  • Do I have any rights as a grandparent?
  • Can I file for a divorce if my spouse doesn’t want to?
  • Can I file bankruptcy if I’m going through a divorce?
  • How do I enforce a divorce decree?

Social media has increased in popularity during the years Lawyers on Call has been in place. On September 2, 75 consumers asked their questions via the 12 News Facebook page, 66 of which attorneys Heidi Lukacsik and Margo Shorr responded to with their recommendations/advice.

Next month, volunteer lawyers will answer consumers’ bankruptcy and foreclosure questions on Tuesday, October 7.


I’m a leader; my fortune cookie says so

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The cosmos have spoken through my fortune cookie; I'll have to alert my high school guidance counselor.

The cosmos have spoken through my fortune cookie; I’ll have to alert my high school guidance counselor.

Last Friday, managers at the State Bar of Arizona engaged in the first in a series of leadership development dialogues.

I was able to participate, and I look forward to the subsequent conversations. At the end of the series, we all should have learned some valuable lessons, and we may even receive a certification of sorts.

On the very evening of our first meeting, though, I received a very prescient piece of information.

Our meal at a Chinese restaurant complete, I opened my fortune cookie, expecting some general, bland information.

Instead, I received:

“You have the makings of a leader, not a follower.”

Thank you, cosmos.

I wonder, though, whether the learning available in the Bar’s training might be information-overload. I mean, if my plastic-wrapped cookie says I’m on the right track, could additional training derail that? Is too much leadership in one person a risky proposition?

Well, I guess that’s the risk we’ll have to take. I’ll let you know how it goes.


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