The Sheraton Grand at Wild Horse Pass will be the site for the 2016 State Bar of Arizona Convention.

The Sheraton Grand at Wild Horse Pass will be the site for the 2016 State Bar of Arizona Convention.

Today, another in a series of posts describing legal seminars at the upcoming State Bar Convention. (All the detail is here.)

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 the first afternoon of Convention, Wednesday, June 15. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

Wednesday, June 15, 2:00 p.m. – 3:30 p.m.

W-11: ADA Employment Law Trends and Issues

Co-chairs: Charity Collins, Daniel Thulin

Who should attend this seminar?

According to the EEOC’s complaint statistics, in 2015, ADAA complaints constitute 30 percent of discrimination complaints filed and that number is on an upward trend. Any attorney, paralegal or law student that has an interest or works in discrimination or employment law would greatly benefit.

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

One main takeaway for attendees: After 25 years, the Americans with Disabilities Act is here to stay and that having a cursory knowledge of the law can lead to malpractice.

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 ADAA is celebrating its 25th anniversary but employment for persons with disabilities remain anemic. At the same time, disability complaints by employees to the EEOC continue to rise. Lawyers need to know the following to avoid giving poor advice to employers and properly advising and representing employees:

  1. When a job applicant/employee and employer should disclose a disability
  2. The “interactive process” when considering reasonable accommodations
  3. Understand types of reasonable accommodations
  4. To what extent employers must provide reasonable accommodations
  5. The Arizona Attorney General’s complaint and resolution process.

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

Many believe the ADAA is overly burdensome on employers and requires expensive accommodations. The seminar will dispel this misconception.

W-13: Conflict Considerations in Estate Planning and Trust & Estate Administration and Litigation

Co-chairs: John R. Fitzpatrick, Kathryn A. Munro

Who should attend this seminar?

Any lawyer that represents individuals and families. Our clients are aging or their parents are aging and challenges associated with aging and disability affect all areas legal representation. Criminal, family, juvenile, elder and probate law and special needs and estate planning attorneys would benefit from the seminar.

A record-number of legal seminars are on offer at the 2016 State Bar of Arizona Convention.

A record-number of legal seminars are on offer at the 2016 State Bar of Arizona Convention.

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

The clientele we serve is aging and more likely to be disabled or experience a period of incapacity. Attorneys need to adapt and understand the implications of aging and disability in their legal representation to better serve clients and to protect their practice.

How is this seminar timely?

The number of Americans ages 65 and older will double over the next 30 years to 80 million.  A significant number of our aging population will suffer from some form of Dementia. One-quarter of all U.S. divorces involve people over 50. And Arizona has a larger aging population than most states. As people live longer they are more likely to experience periods of incapacity and need a guardian or have someone acting as their power of attorney. This creates challenging ethical issues for attorneys and this seminar is focused on preparing attorneys to handle those issues.

What is the most common misconception about this issue?

Attorneys often do not consider the issues of aging and disability. They aren’t informed about Dementia and financial exploitation so they may not recognize it in their office. The attorney may unwittingly be assisting the exploiter if they can’t assess client’s capacity or if they don’t know how, when or where to obtain assessment.

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