Law School


Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (a citizen of the Muscogee Creek Nation in Oklahoma) will speak and be recognized on Monday, May 2, at ASU’s Labriola Center, in Hayden Library, Tempe.

Deer is the recipient of the eighth annual Labriola Center American Indian Book Award for her 2015 book The Beginning and End of Rape: Confronting Sexual Violence in Native America. The event will be held at 2:00 p.m., when she will participate in an interview with Dr. David Martinez, American Indian Studies Faculty.

Professor Deer is a legal scholar who in part is well known for her significant scholarship regarding violence against Native American women. She is a 2014 MacArthur Fellow and authored Amnesty International’s “Maze of Injustice” Report (2007).

You can read a helpful review of her work here.

As Deer told the Indian Country Today Media Network:

“The advantage the tribes have at this point in our nation’s history is that many tribes do not yet have comprehensive anti-rape strategies in law, which is understandable given the legal system and the challenges that tribal nations face in addressing these types of crimes.”

“So there’s a perfect opportunity to say, ‘What would a good anti-rape strategy look like from the ground up if we don’t have the baggage and the trappings of American rape law, which is deeply problematic? What can we do outside of that construct?’ If tribes are really able to deal with rape without falling into the same mistakes that the American system has made, then they might indeed come up with models that could work for rape victims throughout the world,” says Deer.

American Indian book award Sarah Deer sexual violence in Native America

Prosecutorial discretion is the topic at an upcoming ASU Morrison Institute event (image: screen shot from the opening sequence of the "order" portion of Law & Order)

Prosecutorial discretion is the topic at an upcoming ASU Morrison Institute event (image: screen shot from the opening sequence of the “order” portion of Law & Order)

So when it rains, it pours.

Later this week, while I attend a conference examining criminal justice, a panel discussion exploring prosecutorial discretion will be held here in Arizona.

Sheesh.

Well, just because I cannot attend the ASU Morrison Institute for Public Policy event, doesn’t mean you can’t. It will be held this Thursday, Feb. 25, from 5:00 to 7:00 p.m.

Here is a description by the organizers:

ASU Morrison Institute logoOver the last 30 years there has been a power shift in Arizona’s criminal justice system, with many sentencing outcomes no longer determined by judges and parole boards but now by prosecutors. Mandatory minimum sentencing, truth-in-sentencing, and three-strikes maximum punishments have greatly increased prison populations in Arizona and elsewhere, taking greater shares of state budgets.

Part of an ASU Morrison Institute for Public Policy series on criminal sentencing reform, The Full Impact of Prosecutorial Discretion will focus on the pros and cons of this shift through this compelling dialogue.

Panelists:

  • Honorable Pamela Gates, Superior Court Judge
  • Honorable Ronald Reinstein, Retired Superior Court Judge
  • Sheila Polk, Yavapai County Attorney
  • Erik Luna, ASU Law Professor

Also: Arizona Sen. Martin Quezada and Arizona Sen. Adam Driggs will engage in discussion about their perspectives on Arizona’s incarceration rates, the role of “discretion,” and whether there is political will in the Legislature for criminal sentencing reform by changing the judicial code or other action.

The event will be held at the Walter Cronkite School of Journalism and Mass Communication, Room 128 (ASU’s Downtown Phoenix Campus, 555 N. Central Ave.)

Details and free registration are here.

Bud Selig

Bud Selig

We learned this past week that Allan H. (Bud) Selig, the former baseball commissioner, has joined the faculty of the Sandra Day O’Connor College of Law at Arizona State University. He will play an integral role in the school’s Sports Law and Business program.

As Arizona Republic reporter Anne Ryman says:

“ASU officials said Selig will teach and will be the founding president of an advisory board to the program. He’ll also spearhead an initiative to bring in speakers as part of the Bud Selig Speaker Series on Sports in America.”

You can read her whole story here.

Forbes writer Maury Brown examines Selig’s move and what it means for the athletics-minded academic and the law school he’ll be joining.

As Brown reports:

“So, in Selig’s second life, he looks to expand horizons for those entering the business of baseball and beyond. According to ASU, he helps select two Selig Sports Law and Business Scholars — one from the incoming jurisprudence class and another from the Master of Sports Law and Business or Master of Law. He will also lead efforts to bring speakers to ASU Law as part of the Bud Selig Speaker Series on Sports in America.”

Finally, there is more from 12 News, including a short video interview with Selig, here. As the story says, “The hire is another step in ASU’s attempt to increase its law school’s profile, which includes a move to the downtown campus. The new building is slated to open this fall.”

Bud Selig

Bud Selig

True, the American Museum of Tort Law (and its Unsafe Pinto T-shirt) looks fun. But is that enough reason to advocate a legal career?

True, the American Museum of Tort Law (and its Unsafe Pinto T-shirt) looks fun. But is that enough reason to advocate a legal career?

Just as February begins, I’ve decided to share with you my column from this month’s issue of Arizona Attorney—for a single reason, framed as a question at the end of my column.

Namely, would you encourage someone to go to law school today? If so, what qualities would you stress that they should have or develop to maximize the value of the experience?

Here’s the piece:

 

“Bullish” is typically how I would describe my viewpoint about the future of the legal profession. We certainly face challenges, even big ones, and I do not agree with those who think things will return to “normal”—if normal means bushelfuls of billable hours, clients who don’t scrutinize invoices, the elimination of offshore legal services, and equity partnerships for those who simply put in the time.

Despite the new normal, I remain confident that the field is a worthy one to pursue—even if you accumulate some student debt along the way. In a month featuring Valentine’s Day, the law still deserves our love.

RBG Valentine via Georgetown Law Weekly

RBG Valentine via Georgetown Law Weekly

But what if I have to put my money where my mouth is? What if the lawyerly profession were to darken my own door? Would I be so sanguine?

That occurred to me over the holiday season, when my daughter was home from university. She’s a sophomore, studying a decidedly non-prelaw major. But this past semester, she took an elective on Business Law—and liked it very much. (Except for the way the instructor taught torts, which seemed pretty dull to her. I explained that when you get beyond business torts, you’re into eye-opening and awe-inspiring territory. Maybe we’ll take a field trip to the American Museum of Tort Law in Connecticut!)

For the first time ever, I heard our daughter say that she would consider aiming for a law degree after college.

Gulp. Time to decide if I walk the walk.

And my hesitation to embrace a legal future for someone I care for is not unique. I recently spoke with a partner at a large multistate law firm. He had previously reached positions of national prominence in the realm of criminal and civil law, and now is a shareholder in a respected, white-shoe national firm. The law has been very good to him.

Despite that, he confessed his own hesitation when his son, a recent college graduate, mentioned he may sit for the LSAT. “I wasn’t sure what to tell him,” the attorney admitted to me. “But I certainly didn’t encourage it.”

In a time when job prospects are still sparse and the practice is shifting in numerous ways, how do we encourage future applicants in a LegalZoom era? How do we describe the field, and what core skills do we emphasize as the future of a profession? How do we characterize important elements like fulfillment, service, and meaning in 2016 and beyond?

Your thoughts are welcome at arizona.attorney@azbar.org. The legal field—and at least a few of our kids—would appreciate the input.

Arizona Justice Project logo

Some leadership news from the Arizona Justice Project:

Kathleen Brody is the new Executive Director of the Arizona Justice Project as of Jan. 4, 2016.

Kathleen Brody

The Phoenix law firm Osborn Maledon and the nonprofit Arizona Justice Project announced last week that Kathleen Brody, an Osborn Maledon partner, will serve as the executive director of the Project, effective Jan. 4, 2016. Brody also will continue her practice as part of Osborn Maledon’s Investigations and Criminal Defense group, where she focuses on criminal defense, government and internal investigations, and professional discipline proceedings.

The Arizona Justice Project’s current executive director, Katie Puzauskas, will continue to head the Post-Conviction Clinic at the Arizona State University College of Law. She will focus on some of the most difficult cases in the criminal-justice system.

The Arizona Justice Project, established in 1998, seeks to assure that Arizona’s prisons are not housing innocent individuals or those who have suffered manifest injustice through the criminal-justice system. In recent years, the Project has secured the release of 24 individuals, involving cases of wrongful conviction or manifest injustice. The Project has scores of cases under review or in post-conviction court proceedings.

For the last year, Brody has served as the president of the Arizona Attorneys for Criminal Justice (AACJ), a statewide not-for-profit organization of criminal-defense lawyers, law students and associated professionals dedicated to protecting the rights of the criminally accused and promoting excellence in the practice of criminal law. Brody’s work as president of AACJ has focused on increasing the organization’s visibility among legislators, other policy- and decision-makers, and the broader Arizona community. As executive director of the Arizona Justice Project, she will continue to work on community outreach and policy-reform efforts related to wrongful convictions and fairness in the criminal-justice process, in addition to overseeing all the work of the Project and ensuring its long-term sustainability.

Katie Puzauskas

Katie Puzauskas

“We are excited about the increased focus that having both Kathy and Katie working in these key roles will bring to the Arizona Justice Project,” said Larry Hammond, an Osborn Maledon partner and founder of the Arizona Justice Project. “As the Justice Project works to assure that individuals are treated fairly by the system, we also continue to identify many difficult systemic issues. Among those are increased life sentences for juvenile offenders and the lessening impact of the Arizona Clemency Board’s recommendations with Arizona governors.”

“It’s amazingly great timing that, as Katie wanted to spend more time working with cases, Kathy was eager to take on this new leadership role.”

Before joining Osborn Maledon in 2008, Brody clerked for Justice Andrew D. Hurwitz of the Arizona Supreme Court. She is a member of the Committee on the Rules of Professional Conduct of the State Bar of Arizona and has served as the web editor for the American Bar Association’s Litigation Section, Criminal Litigation Committee. She is also a member of the National Association of Criminal Defense Lawyers.

Brody also distinguished herself as a summa cum laude graduate of the University of Arizona James E. Rogers College of Law.

Osborn Maledon P.A. is a 50-attorney leading Arizona law firm that provides litigation, business, and general counsel solutions for its clients.  More information is available here.

http://www.omlaw.com/

Yes, mindfulness is making a dent in the legal profession, among other simmering trends.

Yes, mindfulness is making a dent in the legal profession, among other simmering trends.

We all have our guilty pleasures, and I confess one of mine is legal predictions.

Based on the number of folks who share with me their thoughts on which firms will next merge or go belly up, I cannot be the only one.

But among the less painful predictions are those related to what will happen to legal practice areas: Which will grow—and which will shrink—in the coming year.

Among those accomplished at the prognostication task is Bob Denney. His posts with his previews are much anticipated—and shared.

So that’s what I do today. Here are his best estimates for practice area changes in 2016.

For those in too big a hurry to click, here are a few of his predicted areas of growth: cybersecurity, white-collar crime, mergers & acquisitions, and employment & labor. Keep reading here.

Do you agree? Are you seeing the same thing? Write to me at arizona.attorney@azbar.orgmaybe there’s a story in it.

What’s Hot and What’s Not In The Legal Profession Hot_tamales

OK, I give in to the “hotness” analogy: What’s hot and what’s not In the legal profession?

And here are a few other fascinating bits from Bob Denney:

Social media. Except for Facebook, it continues to be hot. Firm websites and blogs are still among the most effective online means for reaching in-houHot and Not law practice areasse counsel and potential clients, but some marketing experts say they may be surpassed by …

Content syndicators and aggregators. Platforms like JDSupra, Mondaq and even LinkedIn enable a firm to push its content to other sites and services.

Advertising. Whether online, print, TV, radio, billboards or even bus exteriors, advertising continues to be the principal marketing strategy for personal injury lawyers as well as others.

Millennials. Hiring, training and retaining them, as staff as well as lawyers, will continue to be a challenge because many of them chafe against the traditional law firm culture. Yet they are the future of the legal profession.

Departures. Although lateral hiring continues to be a hot growth strategy for many firms, most is at the partner level because firms want the book of business laterals can bring with them. However, fueled to a great degree by the expansion of corporate legal departments, law firm associates and even partners without a large book of business are departing to join legal departments. Why? The workload and the compensation are generally more consistent, without the pressure to record high billable hours and originate business. Translation: The quality of life is better.

Mindfulness movement. There are now reportedly at least two dozen law schools that offer for-credit courses in this Zen-inspired blend of meditation, breathing exercises and focus techniques, which are supported by companies such as Google and General Mills. At least one law firm and the legal department of a major corporation retain a mindfulness coach.

Bar exam scores. The average score on the 2015 summer bar exams reached its lowest level since 1988. Some law school deans have said the test was unfair and that a software glitch made it harder to submit test results. The president of the National Conference of Bar Examiners, which created the multiple-choice section of the test, replied that law schools have been admitting students with lower qualifications who may encounter difficulty in taking the exam. And, of course, applications to law schools have been declining.

Richard Fried

Richard Fried

“How A Plaintiff’s Lawyer Can Improve the Lives of Victims” is the subject of a public lecture tomorrow at the University of Arizona law school. Attorney Richard Fried will deliver the lecture, which is part of the school’s Civil Justice Initiative.

Here is more detail from the school:

“As part of our annual Civil Justice lecture series, University of Arizona Law welcomes Richard Fried for a community presentation on trial practice and plaintiff’s representation. He will be speaking on How A Plaintiff’s Lawyer Can Improve the Lives of Victims. Reception to follow.

When: Tuesday, Nov. 24, 2015, 5-6:30 p.m.

Where: University of Arizona James E. Rogers College of Law, Room 160, 1201 E. Speedway Blvd.

Who may attend: This event is free and open to the public.

Please RSVP here.

“L. Richard Fried, Jr. is one of the founding members of Cronin, Fried, Sekiya, Kekina & Fairbanks and has practiced law for over 40 years. Rick has a national reputation in the fields of medical malpractice—having obtained 50 verdicts and settlements in excess of $1 million—and aviation law. He served as President of the Hawaii Association for Justice (formerly the Consumer Lawyers of Hawaii) in 1984 and 2001, and was the recipient of their first trial lawyer of the year award in 1994.”

“He was appointed by the Chief Justice of the Hawaii State Supreme Court to serve on the Judicial Evaluation Committee for the State of Hawaii and the Chief Judge of the Hawaii Federal District Court to serve as a delegate to the federal district judges conference.”

“In July 2015, he was named as Chairman of the Hawaii Tourism Authority, where he has served on the Board of Directors since 2012. He has also served on the boards of local organizations such as the Honolulu Symphony, Hawaii Theatre, and the American Civil Liberties Union.”

“The Civil Justice Initiative aims to help Arizona Law elevate the American civil justice system and become the premier destination for educating trial lawyers. A hallmark of the CJI is the annual Civil Justice lecture series, showcasing leading advocates to the student body and the legal community. Past distinguished lecturers include Tom Girardi and Pat McGroder.”

Next Page »

Follow

Get every new post delivered to your Inbox.

Join 3,603 other followers