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.

Considering a creative project? Time to greenlight it. (Photo by KUHT via Wikimedia Commons)

Considering a creative project? Time to greenlight it. (Photo by KUHT via Wikimedia Commons)

Next Monday, August 25, an “industry mixer” with an entertainment attorney and a film industry pro may offer some unique conversations—and opportunities.

Stephen Wade Nebgen

Stephen Wade Nebgen

Entertainment attorney Stephen Wade Nebgen will be available that evening. Perhaps you or a client have a project that would benefit from some thoughtful discussion. I met Stephen years ago (at an arts event, o‘ course), and I would agree with the event notice when it says, “This will be a great opportunity to have a valley-based contact to draw upon with any legal issue related to the film industry.” He will be there and answering questions about entertainment law.

The no-host happy hour is offered by Stephen and by Heather Holmberg, of The Film Capital. They each will be able to talk about the industry—and your project.

Here’s the skinny:

DATE: Monday, August 25, 2014

TIME: 4:00 p.m. to 7:00 p.m.

PLACE: Christopher’s and Crush Lounge

ADDRESS: 2502 E Camelback Road, Ste. 102, Phoenix

Decades ago, when I toiled on a law review focused on entertainment law, I thought I spied a future in the practice area. Alas, the Directors Guild (and other potential employers) passed on my resume treatment. But there’s always chapter 2!

Here's how we covered the False Claims Act last March. (Get it? Whistleblower?)

Here’s how we covered the False Claims Act last March. (Get it? Whistleblower?)

Every now and then, the timeliness of a magazine article is brought home to you with great force. Yesterday’s Arizona Republic contained a piece that reminded me how valuable a magazine (even in print!) can be.

The subject of the Dennis Wagner story is a huge fraud settlement that a Tucson hospital must pay. As the article says, the Carondelet Health Network will pay $35 million, which is “the largest penalty of its kind in Arizona.” Just as fascinating, though, is the fact that “a whistle-blower who exposed the case will receive nearly $6 million of that sum.”

Read the whole story here.

The whistleblower is a Tucson woman named Jacqueline Bloink, “identified online as president of an agency that provides health-care compliance consulting and fraud investigations.”

Bloink sued Carondelet in 2011 in federal court. Then, “The Justice Department intervened and said Carondelet ‘knowingly and falsely billed’ the federal health agencies, according to a U.S. Attorney’s Office news release.”

Back in March, we published an article regarding the continuing vitality of the federal False Claims Act. In it, authors Barb Dawson and Daniel Huitink explained how a qui tam plaintiff may step in and sue when they see wrongdoing that affects the public purse. Or, as Dennis Wagner writes, “The False Claims Act contains provisions that allow private citizens to file fraud complaints on behalf of the government and to share in whatever funds are recovered. Under terms of the settlement, Bloink is to receive $5.95 million.”

His article includes commentary from Bloink’s attorney:

“‘This settlement is an extraordinary achievement and confirms once again the essential role that private whistle-blowers and their counsel play in helping our partners in the government to combat health-care fraud,’ David J. Caputo, one of Bloink’s attorneys, said in a written statement.”

Extra points, there, for managing to shoehorn in the value of the whistleblower’s lawyer!

I encourage you to go back and read the article by Barb and Daniel. They give a concise history of what was called “Lincoln’s Law” (named for Abraham Lincoln; you’ll have to read to see why).

More important for possible clients who are potential defendants, read the practice tips our authors provide on how to head off such a lawsuit before it happens. As I read their sage advice, I imagine Carondelet missed the boat in numerous areas.

Just another example of how heeding a good attorney—and purchasing a reasonably priced magazine subscription—can make a world of difference.

Arizona UA Law School logoYou may have wondered: What are the best reasons for an American university to launch a Bachelor of Arts in Law degree? This week, you got an answer.

I wrote before about the University of Arizona’s decision to be the first in the nation to offer such a degree. Time will tell whether the notion will catch on.

Yesterday, a UA Law professor took to the pages of The Chronicle of Higher Education to offer multiple reasons why the idea is overdue in the United States. In “The Case for Undergraduate Law Degrees,” Professor Brent T. White wrote, “Stepping back from the culturally embedded assumption in America that legal training should be provided in professional schools, the lack of an undergraduate route to legal education is perplexing.”

How perplexing? He suggests that the model has been successfully adopted in many other nations, and there’s no reason it wouldn’t work well here.

And when it comes to our evolving legal profession, “The question is not whether nonlawyers will provide legal services; it’s whether they will be well trained. Undergraduate law degrees offer the most cost-effective and broadly accessible way to offer such training.”

As always when opinionated people are engaged, the comments below the article offer some props to the writer as well as some pointed rejoinders.

Where do you stand on this experiment? Do you see the role of a B.A. in Law? Or do you see pitfalls on the path?

Royal Mail Coach, photo by DanieVDM, via Wikimedia Commons

What does a Royal Mail Coach have to do with the law? Our book reviewer tells all!
(Photo by DanieVDM, via Wikimedia Commons)

 

I was considering what takes a book review to a whole other level recently when an email arrived from Judge George Anagnost. And I was all, “Now I remember.”

Do Great Cases Make Bad Law? book by Leland Bllom Jr. The great book that was our reviewer's launching-pad.

The great book that was our reviewer’s launching-pad.

As I’ve mentioned before, I’m a sucker for book reviews (and of books). But too many reviewers think of their task as the same that confronted them in grade-school book reports: Tell what the book is about, in order, and then say if you’d recommend it (or not).

Drafted that way, the grade-school report is far superior, for at least it came with a hand-drawn cover.

Judge Anagnost’s approach is far more—and less—than that. He explains what the book is about, but not in enervating detail. More important, he sets the book in a context of others, and he sets the book’s subject in the context of its times, whether it is present day or the Revolutionary War.

Add to that his need to think discursively, wonderfully so. It is that narrative arc that yields magazine pages that are not a forced march from A to Z. No, his article is dotted with sidebars that illuminate and entertain (and give our Art Director the fun and sometimes difficult task of locating appropriate images that are high resolution and either in the public domain or reasonably priced!).

I post the pages below simply so you can see how his approach enlivens our magazine issues (though you can click to make them larger). But to read the Judge’s latest great review, go here.

And on Wednesday, September 17, Judge Anagnost again moderates one of his successful updates of the past Supreme Court Term. More detail is here. I plan to be there, and I hope you can make it, too.

 

Letterpress BlogToday’s Change of Venue item is aimed at law students (sorry lawyers). But I’d sure appreciate your sharing it with worthy law student friends.

The sum of it is, there’s a blog post contest, and there is cash-money involved. Full stop.

(My blog title may have fanned the flames of your interest by mentioning “fame,” but who’s to say, really?)

The-Expert-Institute-square-logoThe Expert Institute is seeking great law student blog posts and decided a contest may be the best way to locate them (this is their first annual). You can read more details here.

There are a list of rules (it is a legal writing competition, after all), but note that the contest is (1) open to all law students in the United States and Canada and (2) open through December 31, so you have time to provide much valuable content for possible review.

And yes, as you might guess, posts must be related somehow to the use of expert witnesses in litigation.

Turn up, law students! If an Arizona blogger earns a prize in the contest, maybe we at Arizona Attorney Magazine will throw a little fame their way ourselves. (No promises; I’m just thinking out loud. Get writing.)

Have a marvelous—and blog-worthy—weekend.

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.

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