Legal events


asu-law-and-science-mock-trial-competition-header

Today I share an opportunity to participate in moot court—as a judge.

The ASU Moot Court Executive Board seeks volunteer judges for its competition on February 17 and 18. Here is the news from Tyler Carlton, the Chair of the Hosted Competitions Committee:

The ASU Moot Court Executive Board is looking for volunteers to judge the ASU Law and Science Mock Trial Competition on February 17 (Friday) and 18 (Saturday). We are looking for volunteers for all times slots, which are provided below.

Trials will be about three hours longs. We are very excited to host our competition this year in the new downtown Phoenix building with teams from Arizona, California, Colorado, and Texas. Volunteer judges will also be provided both breakfast and lunch. Volunteers can sign up for any times slots that they are available.

First day (2/17):

  • Judge Orientation: 9:00
  • First trial: 10:00-1:00
  • Lunch: 1:00-2:00
  • Judge Orientation: 2:00
  • Second trial: 2:30-5:30

Second day (2/18):

  • Judge Orientation: 8:00
  • First trial: 9:00-12:00
  • Lunch: 12:00-1:00

For more information or to sign up, contact Tyler at tdcarlto@asu.edu.

ASU Law School logo

Winding canal of the Central Arizona Project (Wikimedia Commons)

Winding canal of the Central Arizona Project (Wikimedia Commons)

If you live in the American West and are a person who uses water, or if your body is approximately 70 percent water, you may need to be interested in the state of water resources.

Fortunately, a program this Thursday provides a clear-eyed view of the issues.

This Thursday, February 9, a panel discussion will examine the “Arizona Lower Basin Drought Contingency Plan: Arizona Water Glass Half-Full or Half-Empty.” All the detail is here.

It begins at 1:00 p.m., and will also be available via live simulcast.

Here is more background about the program from its organizers:

The State Bar of Arizona CLE Department, Administrative Law and Regulatory Practice Section, and Environmental & Natural Resources Sections are sponsoring a water program on February 9, 2017.

Of the 7 million acre-feet of water Arizona uses annually, 40 percent is Colorado River water. Arizona water managers predict Colorado River water shortages for Arizona may be as early as 2018 with the water in Lake Mead and Lake Powell now at historic low levels.

Bill Ralls, former federal water regulator of the Environmental Protection Agency and Chair of this water program, says, “With documented significant imbalances between future demands and water supply in Arizona, the time for action is now to find state and regional solutions to realize growth potential. The solution will likely be regional. The first chapter in this historic effort is now focused in the current negotiations to develop a regional drought contingency plan in the lower basin states of California, Nevada and Arizona.”

A distinguished panel of regulatory and water experts will analyze the current status of the Lower Basin Drought Contingency; Plan and Contingency Plan Plus of the Central Arizona Project.

The Colorado River cuts a pathway of 1,450 miles from the mountains of Colorado and Wyoming to Mexico, providing a water supply to nearly 40 million people in seven states. The Central Arizona Project currently transports Colorado River water several hundred miles to Maricopa, Pinal and Pima Counties, since 1986 to Phoenix, and 1994 to Tucson.

Map of the Central Arizona Project

Map of the Central Arizona Project

In addition, the panel of legal and hydrogeology experts will analyze the Arizona water regulatory framework:

  • The Arizona Corporation Commission regulation of water utilities
  • The Arizona Department of Water Resources regulation of groundwater
  • Pending Arizona wastewater reuse rule-making of the Arizona Department of Environmental Quality
  • Recent important water court decisions

Chair and Moderator:

  • William R. Ralls

Faculty:

  • Jay M. Johnson, General Counsel, Central Arizona Project
  • Kenneth C. Slowinski, Chief Counsel, Arizona Department of Water Resources
  • Timothy J. Sabo, Snell & Wilmer LLP
  • Charles S. Graf, R.G. Principal Hydrogeologist, Arizona Department of Environmental Quality

The Anxious Lawyer by Jeena Cho Karen Gifford book cover

In the current issue of Arizona Attorney Magazine, a book review explores what attorneys can learn about themselves and their world via meditation.

If you’re unsure about that idea and cotton toward the tried and true, let’s remember that meditation has been around for millennia. So it should be acceptable, even to your firm’s management committee. Just sayin’.

The review author is attorney Juliet Peters, and you can read the entire review here.

And the book co-authors are Jeena Cho and Karen Gifford—lawyers themselves, in case lawyers are the only ones you trust with your self-improvement.

Happily, Jeena will be a panelist on a program I’m co-producing in just a few weeks. Unhappily, the program will be in Miami, not Phoenix. But if you happen to be at the midyear meeting of the National Association of Bar Executives, drop in! Or if you’re in the environs that week for the ABA meeting, drop me a line at arizona.attorney@azbar.org, or tweet to me @azatty. It’d be great to meet and compare mindfulness strategies! (Spoiler alert: You’ve got me beat, and I don’t even know you.)

Here is a link to the conference. And here is a description of the panel, titled “Mindful Lawyer, Mindful Bar,” which also features Jayne Reardon, Executive Director of the Illinois Supreme Court Commission on Professionalism:

“Mindfulness has become top-of-mind for many people, including your members. Even as work–life balance, meditation, and increased fulfillment and satisfaction have become a more central part of a professional’s goals, those aspirations may seem harder than ever to achieve. Our panelists have learned through law and life experience how challenging incorporating practices such as self-care and mindfulness can be—but they have discovered the many wonderful benefits of these practices, including more joy and satisfaction. They will talk about the importance of mindfulness for the attorney. They also will offer practical tips and next steps to create robust mindfulness programs at your bar.”

See you in Miami … or wherever thoughtful lawyers gather.

what's hot and not in law practice

On a regular basis, Bob Denney puts himself and his judgment out there and predicts what will be the coming year’s hot—and cold—law practice areas.

He recently did so again, and I encourage you to read his prognostications.

In the meantime, here are a few he mentioned that made me pause and wonder how lawyers and law firms are responding to these new pushes and pulls. As Bob says:

Social media. Continues to be far more effective for building individual lawyer reputations than for firms.

Competition. It’s no longer just from other law firms. It’s now coming from two other directions: Non-legal business entities like LegalZoom and, for large firms, more and more from the clients themselves who are using their legal departments as well as alternate service providers.

Cybersecurity. While many firms have developed plans for reacting to a cyberattack, many more have still not developed or implemented cybersecurity plans to prevent such attacks. One overlooked factor is what actually constitutes a breach. Some firms regard any unsanctioned access of a firm system as a breach, while others do not regard it as a breach until something — data, files or money — has been taken.

Scamblogging. A category of online writing by debt-burdened law school graduates who are convinced their law schools misled them about their opportunities for employment.

What’s growing in your law practice? If it’s a niche or topic that surprises you, please write to me at arizona.attorney@azbar.org.

modern law practice technology tools niche

instagram-terms-of-service

An Instagram employee takes a video using Instagram’s new video function at Facebook’s corporate headquarters during a media event in Menlo Park, Calif. (Josh Edelson/AFP via Getty Images)

If you had to guess what documents are most central to your daily life and to your future possibilities, I’d wager many Americans would point to works like the Constitution or the Declaration of Independence. Probably because they think that’s how they should answer.

I am the biggest fan of those documents, but that answer might not be entirely correct. Instead, I’d point you to those below-the-radar Terms of Service that populate the legal life of every app you use. And that means they populate your life too, like it or not.

I’ve written about terms of service before, and I find these tiny little, unassuming adhesion contracts to be fascinating. I wrote here about a change to the Snapchat ToS.

And for good measure, let me re-share a Venn diagram that explains the intersection of law and love. (Spoiler alert: It’s complicated.)

Very scientific Venn diagram catalogs the human condition. love technology law

Very scientific Venn diagram catalogs the human condition.

This past week I read a terrific article (by the similarly terrific Amy Wang) about efforts to make terms of service more understandable, especially to youngsters. (Hat-tip to Wayne Rainey for the lead on the article.)

The Washington Post story was driven by the January 4 release of a report called “Growing Up Digital,” which examined young people’s interactions with those ever-present tech marvels that transform—and complicate—our lives.

And where good things happen, I’m never surprised to see a lawyer in the mix. The story tells how one of the task force members was charged with trying to redraft the Instagram terms of service to make them understandable to teens and other humans.

So that’s what London-based privacy lawyer Jenny Afia did.

Here’s a bit from the story:

Lawyer Jenny Afia rewrote the Instagram terms of service so kids would know their privacy rights.

Lawyer Jenny Afia rewrote the Instagram terms of service so kids would know their privacy rights.

“Afia was a member of a ‘Growing Up Digital’ task force group convened by the Children’s Commissioner for England to study Internet use among teens and the concerns children might face as they grow up in the digital age. The group found more than a third of Internet users are younger than 18, with 12- to 15-year-olds spending more than 20 hours a week online. Most of those children have no idea what their privacy rights are, despite all of them agreeing to terms and conditions before starting their social media accounts, Afia said. The task force, which included experts from the public and private sector, worked for a year and released its report Wednesday [Jan. 4].”

If you’ve ever read terms of service (and I hope you do), the next statement won’t surprise you: “The group ran Instagram’s terms and conditions through a readability study and found that it registered at a postgraduate reading level, Afia said.”

Fascinating and important stuff. Though Instagram wouldn’t comment for the story (probably upon advice of the same lawyers who drafted their ToS), here’s hoping efforts like this make a dent in the way these important, meaning-laden documents are drafted.

Once again, here’s a link to the complete Post story.

And you can read the complete “Growing Up Digital” report here.

Clio logo

Data + lawyering? Yes, say Clio.

Was it way back in December that I wrote about the new Clio law practice report? And promised you more?

Sorry about that.

Yes, it was in the December issue of Arizona Attorney Magazine that I chatted about the Clio Legal Trends Report. You can read the column here.

Because I’m super-helpful, I’ve pasted in below what I wrote, so you don’t even have to click.

And tomorrow, I’ll offer some more thoughts on what we can learn from the Clio report—and reports like it. Here’s my column (plus an image):

We thought we understood the way the world worked—and then the Cubs won the World Series.

I suppose it’s good we’re still capable of being surprised. It probably says something nice about our capacity for joy. Or something.

Of course, surprises are not always happy, which occurred to me as I read a new report on law practice trends.

Via their “Legal Trends Report,” the people at Clio—the cloud-based practice management people—want you to know two things about your law practice.

First, your practice is a funnel—one that may be malfunctioning.

And second, consider using data—actual facts based in reality—to drive your practice decisions.

Clio will likely say I’m oversimplifying a vast array of takeaways from the report released in late October. But those takeaways—and the underlying facts—are pretty stunning.

dec-2016-editors-column-on-clio-report

Here is a link to the complete report. Read it yourself and let me know what you think.

And here are two insights compiled by Clio:

  • The average rate billed by lawyers across the United States is $232 per hour.
  • The total utilization rate (billable hours as a proportion of hours available in a working day) for lawyers in 2015 was just 28 percent. For solo lawyers, that number drops to just 22 percent.

What makes this noteworthy?

First—and maybe less interesting to you—is the newfound power of data to provide insight. I’ll write more about this in the future (probably in my blog https://azatty.wordpress.com/), but it’s incredible that via our own real-time software choices, companies like Clio can assess the state of law practice—all within the agreed-upon terms of use.

They can see, moment by moment, how many new matters are opened, how many invoices are generated, how many remain unpaid.

Does this spell the end of surveys based on self-reported data? We’ll see.

The second takeaway is related to the unprofitability of many attorneys’ law practices. When we look at just two of Clio’s many charts—Arizona’s average hourly rate, and its (gulp) average collection rate, the situation appears dire.

There’s definitely more to the picture. But as we head into 2017, we will seek ways to tell the true story of law practice challenges.

Until then: Go Cubs.

A week and a half. That’s all that’s left before our drop-dead deadline for the Arizona Attorney Magazine Creative Arts Competition. That’s our annual endeavor we’ve been doing for almost 15 years now. And we need your submissions sent to the contest email by the end of Friday, January 13, 2017. You can see one of our great call-for-submissions ads below.

arts-competition-ad-2017

We welcome entries in the following categories:

  • Fiction
  • Nonfiction
  • Poetry
  • Humor
  • Music
  • Visual Arts: Painting, Photography, Drawing, Sculpture

We will publish the winners in Spring 2017.

Send submissions to ArtsContest@azbar.org and queries to the editor at arizona.attorney@azbar.org.

And do you like reading rules? We’ve got ’em; click here.

For inspiration, here is last year’s issue with the 2016 winners.

Remember: The submission deadline is January 13, 2017.

The Creative Arts Competition deadline approaches!

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