Arizona Attorney Magazine


When it comes to the ADA's 25th anniversary, should we celebrate? Do better? Or both?

When it comes to the ADA’s 25th anniversary, should we celebrate? Do better? Or both?

Yesterday, I pointed you toward a few news stories regarding the 25th anniversary of passage of the Americans With Disabilities Act. Today, I suggest some additional resources and reading.

Begin with an insightful op-ed by Erica McFadden. She’s an analyst at the Morrison Institute for Public Policy at ASU. As she opens her piece:

“Sunday marks the 25th anniversary of the Americans with Disabilities Act and there is reason to celebrate the progress it ushered in over that quarter-century. But needed still is a call to action to affirm equality — especially in terms of employment.”

“Just one in three Arizonans with disabilities ages 16 to 64 were employed from 2008 to 2012, according to the census. That’s compared to more than two in three (71 percent) Arizonans with no disabilities who were employed during that time.”

“Perhaps even more sobering is the percentage of Arizonans with disabilities not even in the job market: 59 percent.”

And then follow it up with a My Turn column in the Arizona Republic by Jennifer Laszlo Mizrahi where she examines the sad statistics surrounding employment of people with disabilities.

Understanding-the-ADA-Goren ABA bookThird, for the law practice-minded among you, head over the ABA website to consider purchasing a new book titled “Understanding the ADA,” by William D. Goren and described by the publisher:

“This new edition of Understanding the ADA delves deeper into many of the complex topics of disability claims. The updates offer expanded guidance on remedies if the law is violated; advice on when you have a right to sue; the statute of limitations for ADA claims; when a complaint will survive a motion to dismiss; and whether a class-action is a viable thing to pursue. There are new areas of discussion regarding standing, when a complaint is sufficient, statute of limitations, and mixed-motive jury instructions, and additional information on disparate treatment cases, class actions, jury selection, and Batson challenges. Expanded and new topics include: ADA as it relates to sports including the Office of Civil Rights guidance on § 504 of the Rehabilitation Act Utilizing negligence and negligence per se actions as an alternative to title III claims Highly detailed chapter on remedies and procedural issues Improved checklists and litigation forms.”

Finally, please enjoy the great article by Judge Randall Howe that we published in May. It reminds us how important advocacy is to progress. In the judge’s case, it was his mother who was driven for equity in her son’s education. For you? Well, everyone may have a different advocate.

In the September issue of Arizona Attorney Magazine, we cover facial hair on witnesses. It's not just for hipsters, y'know.

In the September issue of Arizona Attorney Magazine, we cover facial hair on witnesses. It’s not just for hipsters, y’know.

Short and sweet, just as a Change of Venue Friday should be.

As we were putting together our September issue of Arizona Attorney Magazine, it occurred to me that our cover story could be a great candidate for a Vine video.

Don’t know Vine? Well, as Monsieur Wikipedia puts it so well:

“Vine is a short-form video sharing service where users can share six-second-long looping video clips. The service was founded in June 2012, and microblogging website Twitter acquired it in October 2012, just before its official launch. Users’ videos are published through Vine’s social network and can be shared on other services such as Facebook and Twitter. Vine’s app can also be used to browse through videos posted by other users, along with groups of videos by theme, and trending, or popular, videos.”

Anyhoo, our cover story examines the views people have about facial hair on witnesses. Who knew there was detailed research on the topic?

Along with sharing that research, we share great photos that could be illustrate the authors’ points. How else can a legal magazine find a way to feature Brad Pitt, Ashton Kutcher, David Beckham, and Adolph Hitler—all in the same story?

Vine logo v2Anyway, you can watch the Vine here. (C’mon, it’s 6 seconds! Click already!)

And yes, I’ll use a tripod next time.

The best way to view Vines is on your phone through the app. And once you’re there, feel free to follow me. Who knows what we’ll post next.

Have a great—and video-worthy—weekend.

National Hot Dog Day 2015 v1

Harvey Shinblock can’t be the first lawyer who wanted to open a hot-dog stand.

So today, Thursday, is National Hot Dog Day. Don’t believe me? Well, would the Des Moines Register lie to you?

Not legal enough a topic for your bloggish reading? Stick around. I’ll get to the legal in a moment.

In the meantime, here are a few places in the Phoenix area you might enjoy a hot dog.

Musing on the wonderment of wieners, I was curious about this, so I checked: In the five-plus years I’ve written my daily blog, I’m chagrined to note that the words “hot dog” appear more than a dozen times.

That seems high for a legal blog. Agreed? Well, maybe it’s a cry for help.

In any casing (see what I did there?), I thought I would share my first-ever documented blogular use of the phrase. It occurred in the prologue to a legal novel I wrote (detail about that endeavor is here.)

The book is titled The Supremes, and it involves a new law firm composed of former state supreme court justices. They thought clients would come knocking—which they did—but the law firm partners underestimated how much they disliked each other—and disliked hard work.

The hot dog reference came early, when the new firm’s administrator thinks about Harvey Shinblock, a colorful lawyer who is now disbarred (for numerous offenses, including a Circle K assault with a pocketknife). Harvey owns a hot-dog stand, and he carries quite a grudge against the legal profession. Here’s a portion:

Bernie Galvez liked hot dogs, and Harvey Shinblock sold the best in the city.

Galvez smiled as he recalled how Shinblock had managed to get 30 days in the county lockup for his “misunderstanding” at the convenience store—the best lawyering Shinblock had ever done, representing himself before old Judge Barnes. And after that 30 days, Shinblock woke up driven by a dream of opening his own hot-dog stand.

Human nature being the self-destructive little imp that it is, Shinblock drove his metaphoric stake in the ground on the sidewalk right outside the criminal courts complex. There, he gazed balefully as lawyers and judges streamed by him daily. If looks could kill—or wound with a pocketknife—those members of the bench and bar would have been a bloody mess on the Phoenix streets.

National Hot Dog Day 2015But maybe they got their comeuppance. For in the last three years since Shinblock opened “Court Wieners,” he had received the praise of every publication in town, from the “Best in Phoenix” to the “Best in the Southwest” to the “Best Nooner in a Casing.” Shinblock knew what he was doing as he steamed his hand-crafted dogs.

Nonetheless, no lawyer or judge was ever known to be brave enough to step up and purchase a meal. The history, the bad blood, and the fear of poisoning kept a significant portion of the suited sidewalk denizens from venturing forward and trying Shinblock’s bliss in a bun. They salivated and gnashed their teeth, but the gray and blue army marched past the stainless steel stand, thinking hungrily that they may have been a tad hard on good old Shinblock. Still, march by they did.

The complete prologue is here. Want to keep reading? Here’s Chapter 1.

And … do get out and eat a hot dog.

standin- app logo 1

It’s true that law practice may be more challenging than it’s ever been. And yet I marvel at the ingenuity some have brought to the profession, finding ways to automate the parts that should not require a graduate education to master.

So as we work on our October issue at Arizona Attorney Magazine, dedicated in large part to law office management, my radar is up for tools that take the arrggh out of an attorney’s day.

The smartest tools do not seek to do everything a lawyer does. Instead, they identify a single element of practice that could be improved. And that’s what a new app called “StandIn” appears to do.

How many of you have appeared in court or in chambers for another lawyer on her or his case? I recall doing that in California as a part of my solo practice. The money could be pretty good, and the work was flexible.

Plus, if you were lucky, a standard status conference might yield a few challenging questions from the judge—and who has graduated from law school and not yearned for a little of that? You had become familiar with the case file, so you could handle it, and it definitely got the blood pumping to: (1) interact with an inquiring judge while (2) not royally screwing up another lawyer’s case on what was supposed to be a 10-minute appearance.

But the cost of those great minutes as an oral advocate for your client was often an organizational headache. Getting hired for the appearance required significant back-and-forth with the attorney hiring you, especially if you didn’t yet know each other. It involved phone calls, faxing (remember that?), negotiating your fee, ensuing you knew which court to go to and what time. Plus, of course, getting photocopies of the case elements that were relevant to that day’s hearing. (And don’t get me started on finding a pay phone the day of when something went amiss. That used to be something lawyers had to do.)

Well, all of those concerns may not be eliminated for the lawyer doing appearances, but a recent essay pointed me to a solution to some of them. “StandIn” is called a replacement lawyer app, and it’s described well here by Cathy Reisenwitz. As she says, “StandIn lets lawyers who can’t make it to a court appearance find a stand-in for them. Lawyers log in and see who is available near the courthouse they need to be at. They can sort by experience, expertise, and availability.”

capterra logoLike other location-based apps you’re probably already familiar with, StandIn will also process payments and allow reviews of the hiring and hired attorney.

More about the product itself is on their website. It is based in Canada, but it’s moving into U.S. cities (and you can urge them to come to yours).

Even if you have no need of such an app, I recommend reading the essay anyway. And even though it’s not (yet) in Arizona, I commend the article to you. Why? Well, it’s well written, plus it probes these inventive people for their views of the future of the legal profession. Whether you’re doing appearances for others or writing wills or arguing zoning cases—or whatever—that future should interest you.

I also recommend following Cathy Reisenwitz and her firm Capterra (deets here). She covers many topics that might help your law practice, with just the right amount of snark to make law practice management less legally snoozeworthy. In fact, as we work on our October issue, I was pleased to see that one of our authors is a fan of an infographic that emerged from Capterra. That’s cool, as I am a fan too. You can see the graphic here.

And a final bit of pleasure for my blogging day: I was pleased to see that one of the StandIn founders came out of the Michigan State Reinvent Law initiative. I’ve written about it before, and I’m intrigued at the smart ideas that percolate up from entrepreneurial centers like this one. As I mentioned before, you really should follow their work; if you do that often enough, you’ll probably find other lawyers are following you.

Are drones the future? Or annoyances that should be grounded?

Are drones the future? Or annoyances that should be grounded?

“All politics is local,” famously remarked once-Speaker of the U.S. House Tip O’Neill. And that is certainly true in the increasingly rancorous debate over the use of drones. A subject that we might believe is all-FCC increasingly becomes a local battle.

An Arizona Republic story this week describes the growing resistance to unmanned aircraft systems, or UAS. As the story explains, the anti-drone gauntlet has been picked up vehemently in Paradise Valley, and more gingerly in Phoenix.

As I have mentioned before, I continue to be intrigued by the little whirly-gigs and the legal questions that swarm around them. (And we covered some of those topics in Arizona Attorney Magazine.)

Looking toward the horizon (which would be easier from a drone), I think that UAS are bound to become an even more central part of everyday life. Despite the best efforts of municipalities, drones’ multiple possible uses and relative low cost nearly guarantee their increased use. Is there anyone who wagers the FAA will ignore that economic impact when it develops new rules of engagement? I didn’t think so.

I’m developing a short list of lawyers who are adept in the legal world of drones. I look forward to connecting with them on coverage of what’s next, and how the regulation of drones may ascend—or settle back down to earth.

Bob McWhirter's Bill of Rights book featured at the State Bar 2015 Convention #azbarcon

Bob McWhirter’s Bill of Rights book featured at the State Bar 2015 Convention #azbarcon

When Bob McWhirter writes an article or book, I’m inclined to want to read it (or to be the editor who gets to publish it!).

His latest work—an illustrated history of the Bill of Rights—has captivated readers and even won a design award.

(Go here for the paperback version, or here for the hard-cover version.)

But reading his work only offers a glimmer of the joy Bob takes in excavating history. For that, you have to see him be interviewed. A recent PBS Horizon program offers that chance.

Here is Bob being interviewed by Horizon host Ted Simons. Ted was clearly charmed by Bob and his book; he even chuckled when Bob inadvertently used the word “pissed” on the otherwise-buttoned-down program.

Screen-grab of Bob McWhirter on AZ PBS's Horizon.

Screen-grab of Bob McWhirter on AZ PBS’s Horizon.

And after you watch that, you can read an op-ed Bob penned for the Pittsburgh Post-Gazette. In it, he explores (as he does in his book and in previous articles for Arizona Attorney Magazine), the close connection between guns and race in American history and current events.

Screen-grab of Bob McWhirter and interviewer Ted Simons on AZ PBS's Horizon.

Screen-grab of Bob McWhirter and interviewer Ted Simons on AZ PBS’s Horizon.

Arizona_Supreme_Court_SealThe June issue of Arizona Attorney Magazine includes a terrific primer on a new court being piloted in Arizona: a commercial court that aims to bring expertise to bear to resolve business disputes fairly and expeditiously.

The primer was written by attorney Mark Meltzer in the format of a Q&A. As the Supreme Court staff attorney tasked with serving a longtime committee examining the issue—and that eventually recommended creation of this very court—I figured he was the ideal man for the job.

Here is a link to the story.

(I wrote about the committee and the pilot program here.)

But we’re wondering what other questions you may have about the Court. Yes, we thought long and hard on the best questions to get answered—but we may have missed something.

Perhaps you won’t have questions until you see the way the court operates. But it’s also possible you have queries, concerns or suggestions right now. Please write to me at arizona.attorney@azbar.org.

An Arizona commercial court pilot program will launch on July 1. Read more in the June issue of Arizona Attorney Magazine.

An Arizona commercial court pilot program will launch on July 1. Read more in the June issue of Arizona Attorney Magazine.

Next Page »

Follow

Get every new post delivered to your Inbox.

Join 3,018 other followers