Legal events


ethics scales of justice

Today I urge you to consider something that I understand is often on the minds of Arizona lawyers: whether the current ethical rules (among other things) are a help or a hindrance to the practice of law.

For a long time (OK, forever), I have heard some say that the ethics structure fails to keep pace with the realities of law practice. Now, you have an opportunity to offer your views.

Patricia Sallen is the State Bar’s Director of Special Services & Ethics/Deputy General Counsel, but I just call her our ethics guru. And she and others have heard similar statements, and they are examining whether Arizona ethics and the regulatory scheme are meeting all of their multiple challenges. Here is Pat:

“A new Arizona Supreme Court committee will look at whether Arizona ethical and other regulatory rules should be amended because of the changing nature of legal practice in a technologically enabled and connected workplace and the growing trend toward multistate and international law practice.”

“Justice Ann A. Scott Timmer is chairing the new committee. A copy of the administrative order establishing it is here.”

“The committee’s charge specifically includes examining whether the current regulatory model – regulating the practice of law based on a lawyer’s physical location – should be changed and whether conflict-of-interest rules for both private and public lawyers should be clarified.”

“Should the rules be changed? If yes, what would you change? Email your ideas, thoughts and suggestions (as well as any questions!) tochangingpracticeoflaw@azbar.org.”

Time to share your thoughts.

Chief Justice Scott Bales on the Arizona PBS program Horizon, July 9, 2014.

Chief Justice Scott Bales on the Arizona PBS program Horizon, July 9, 2014.

A brief mention on this Change of Venue Friday.Arizona Supreme Court Strategic Plan 2014-19 cover_opt

In case you missed it: On Wednesday, July 9, Arizona Chief Justice Scott Bales spoke with PBS Horizon host Ted Simons about the Court’s five goals, as described in the judicial branch’s strategic plan.

In the interview, Justice Bales touched on multiple subjects, including access to justice, specialty courts (such as drug courts and veterans courts), evidence-based practices, and lawyer discipline.

To see the whole video, go here (the interview with Justice Bales begins at about 10:17).

Download your own copy of the report here.

Have a great—and strategic—weekend.

Arizona Chief Justice Scott Bales, left, speaks with Horizon host Ted Simons, July 9, 2014.

Arizona Chief Justice Scott Bales, left, speaks with Horizon host Ted Simons, July 9, 2014.

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.

A vintage Independence Day card wishes you an explosive holiday.

A vintage Independence Day card wishes you an explosive holiday.

So you’re home today (I hope) or doing some enjoyable traveling. Maybe you’d like to watch something uplifting.

(No, I don’t mean the slightly odd vintage holiday card posted above. But go here to Mashable to see more.)

Via an Arizona lawyer I know named Alex Benezra and a great Facebook conversation he started, it occurred to me we should be declarative today—the Declaration of Independence, in particular.

Alex mentioned that he had just listened to the Declaration being read, and what a great experience that was.

Watching it recited can be moving, as well. So take a few minutes to enjoy some famous actors recite the Declaration (yes, the video opens with Mel Gibson; sorry about that, but the piece is a few years old).

And then enjoy a clip from the HBO series on John Adams. If you’re pressed for time, the 3:00 mark is a good place to jump in.

Have a marvelous Independence Day.

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.)

Gallagher & Kennedy attorney Laura Antonuccio reads to Phoenix Day schoolchildren, May 28, 2014.

Gallagher & Kennedy attorney Laura Antonuccio reads to Phoenix Day schoolchildren, May 28, 2014.

At a school in south Phoenix, dozens of children smile as a group from a law firm enters the room. They’ve come to know these women—each one a woman professional from law firm Gallagher & Kennedy—over the course of many months. And this day—May 28, 2014—is the culmination of the nearly year-long relationship.

If your eyes grow large at the notion that children would be pleased to see attorneys, you really need to understand what these women accomplished at Phoenix Day, an early education and youth development center serving underprivileged children.

The 18 women from Gallagher & Kennedy sought a way to make a difference in their community. The result was their participation in the Million Minutes Reading Challenge of the United Way’s Women’s Leadership Council.

Seeing the need, the G&K folks formed their own “Team Right to Read.” They also sought out a participating school, landing at Phoenix Day. Since last September, the women have volunteered more than 7,300 minutes (and counting) reading to 86 students.

Members of the Gallagher & Kennedy Professional Women’s Group who donated hundreds of books to children at Phoenix Day on Wednesday, May 28, 2014, as part of their role in the Valley of the Sun United Way's Million Minutes Volunteer Reading Challenge. L to R: Jodi Bohr, Jennifer Cranston, Lori Stinson (Phoenix Day), Laura Antonuccio, Meg Smeck, Alana Hake. (Photo: PatrickCorley.com)

Members of the Gallagher & Kennedy Professional Women’s Group who donated hundreds of books to children at Phoenix Day on Wednesday, May 28, 2014, as part of their role in the Valley of the Sun United Way’s Million Minutes Volunteer Reading Challenge. L to R: Jodi Bohr, Jennifer Cranston, Lori Stinson (Phoenix Day), Laura Antonuccio, Meg Smeck, Alana Hake. (Photo: PatrickCorley.com)

May 28 was a reading day like many others. But it also was an opportunity to give the children another present—a large box of books (and other items) for each to take home. The materials had been gathered and assembled over multiple weeks by the G&K women.

As the school’s Education Director Lori Stinson looks on with a smile, attorney Laura Antonuccio leads the kids in a rousing rendition of “Clap Your Hands.”

“Reach for the sky, wiggle your toes, Stick out your tongue and touch your nose.”

Antonuccio originated the idea of a reading support group, and she is adept at firing the children up with the excitement of reading.

She suddenly exclaims, “On the count of three, everybody tell me how old you are!” The joyful cacophony of “3,” “5,” “4” fills the room, while a sotto voce (and slightly Eeyore-ish) voice adds from the back of the room, “30.”

After the festivities, lawyer Jennifer Cranston tells a visitor why the women are committed to this effort.

“Of course, we are all a part of the community,” she begins. And if listeners need a better reason to offer children the gift of reading, she adds, “And we’ll certainly reduce the need for lawyers if the entire population can become better educated.”

(Yes, she meant reducing the need for lawyers is a good thing.)

Members of the Gallagher & Kennedy women’s group may continue their work at Phoenix Day. But the group also seeks a new initiative for the coming year. Congratulations and thank you to each of them for their remarkable commitment.

Here are some more photos from the May 28 event.

Gallagher & Kennedy's Meg Smeck with children of Phoenix Day.

Gallagher & Kennedy’s Meg Smeck with children of Phoenix Day.

One of the many boxes of donated items gathered by the Gallagher & Kennedy women as gifts to the children of Phoenix Day.

One of the many boxes of donated items gathered by the Gallagher & Kennedy women as gifts to the children of Phoenix Day.

Gallagher and Kennedy attorney Jodi Bohr reads to a Phoenix Day student.

Gallagher and Kennedy attorney Jodi Bohr reads to a Phoenix Day student.

Phoenix Day students and Gallagher and Kennedy women professionals at the May 28, 2014, event.

Phoenix Day students and Gallagher and Kennedy women professionals at the May 28, 2014, event.

Fireworks fail. Legal in Arizona? Consult a map and ask a legislator. Stupid in Arizona? Every day, every way.

Legal in Arizona? Consult a map and ask a legislator. Stupid in Arizona? Every day, every way.

There’s a real love–hate relationship with fireworks. You could say people run hot or cold on the topic.

That is illustrated well in Arizona, where we legislate their purchase and use in ways that are not always entirely clear to the governed.

This week, an Arizona Republic story tries to clear the smoke from the issue. Titled “Valley cities brace for revamped fireworks law,” it opens:

“Cities and towns across metro Phoenix hope a change in state fireworks laws doesn’t prompt an increase in fires this Fourth of July. Senate Bill 1158, signed by Gov. Jan Brewer in April, requires municipalities in Maricopa and Pima counties to allow the sale and use of ground fireworks around July 4 and New Year’s Day.”

“The law allows their sale from May 20 through July 6 and from Dec. 10 through Jan. 3 and their use from June 24 through July 6 and from Dec. 24 through Jan. 3.”

Well, what could be confusing about that?

Read the whole story here.

In the law’s defense, the whole thing was pretty confusing before. Nearly everywhere you go, fireworks have been available for sale—but whether you could light them off was another matter.

I’ve always appreciated the irony of politicos bemoaning a lack of civic engagement and low levels of understanding of government, while allowing fireworks to be sold EVERYwhere—and then scratching that heads when people don’t “get it” that they can’t actually set them off most places.

I suppose lawmakers thought folks liked to display them in their dining room.

Are you planning on setting off anything more powerful than sparklers this Independence Day? And do you give a lot of thought to statutory pronouncements on fireworks, or do you take a more, ahem, intuitive approach to the matter?

Sure, you may be able to buy them. But are fireworks legal to set off in your community?

Sure, you may be able to buy them. But are fireworks legal to set off in your community?

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.”

Ak Chin Justice Center, whose ribbon-cutting occurred June 6, 2014. Maricopa, Ariz.

Ak Chin Justice Center, whose ribbon-cutting occurred June 6, 2014. Maricopa, Ariz.

Maricopa, Arizona, was the site of a June 6 community gathering that marked the opening of the Ak-Chin Indian Community Justice Center. The 56,000-square-foot building houses the tribal police department, court and detention center, as well as offices for public defenders, prosecutors and probation staff.

That’s the opening to my news story that will be published in the July/August Arizona Attorney Magazine. That’s also where we’ll include a smattering of photos.

But who doesn’t like more photos? So here are a few in this post. And you can see the whole set on our Facebook page here.

Have a great—and justice-filled—weekend.

Basket-weaving, an important component of the Ak-Chin culture, is apparent in the Ak-Chin Justice Center's design and appointments. The photo shows how the design influences the light fixtures.

Basket-weaving, an important component of the Ak-Chin culture, is apparent in the Ak-Chin Justice Center’s design and appointments. The photo shows how the design influences the light fixtures.

Tribal Judge Brian Burke describes features of the new courtroom space at the Ak-Chin Justice Center, June 5, 2014.

Tribal Judge Brian Burke describes features of the new courtroom space at the Ak-Chin Justice Center, June 5, 2014.

Civil Rights Act of 1964 President Johnson signs

President Lyndon Johnson signs into law the Civil Rights Act of 1964.

Beginning Friday and continuing through next week, a series of Arizona events marks the anniversary of the Civil Rights Act of 1964.

The Phoenix events are covered in some detail on a dedicated Facebook page. They include:

  • The unveiling of a commemorative mural, Burton Barr Library, Friday, 10 a.m.
  • Voter registration/civic engagement event, State Capitol lawn, Saturday, 9 a.m.
  • Celebration dinner, First Institutional Baptist Church, Saturday, 5 p.m.
  • Community celebration, Carver Museum and Cultural Center, Wednesday, 5:30 p.m.

Civil Rights Act of 1964 newspaper headlineAs the site describes the legislation:

“The Civil Rights Act of 1964 (Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark piece of civil rights legislation in the United States that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as ‘public accommodations’).”

“Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment. The Act was signed into law by President Lyndon B. Johnson on July 2, 1964 at the White House.”

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