Legal events

Among the elements of a Heard Museum dialogue will be the screening of a short documentary about Gregg Deal and his performance piece 'The Last American Indian on Earth.'

Among the elements of a Heard Museum dialogue will be the screening of a short documentary about Gregg Deal and his performance piece ‘The Last American Indian on Earth.’

This Sunday, October 9, the Heard Museum in Phoenix hosts an event that examines important intersections. “A Conversation at the Intersection of Art, Law and Indian Identity” will include a panel discussion of attorneys and American Indian artists. Some of the questions addressed will be, How does an artist’s vision implicate such identity? And what are the consequences, both legally and in the wider community?

For the event, the Heard is partnering with the Native American Rights Fund and the Indian Legal Program at the Sandra Day O’Connor College of Law at Arizona State University.

Admission is free, but RSVP here is required. A reception begins at 3:30 p.m., and the program begins at 4 p.m.

Kevin Gover will moderate the panel discussion. He is the director of the National Museum of the American Indian.

Panelists will include:

  • Brett Shelton (Oglala Sioux Tribe), artist and staff attorney with the Native American Rights Fund
  • Gregg Deal (Pyramid Lake Paiute), contemporary artist/activist
  • Matika Wilbur (Swinomish/Tulalip), artist and social documentarian in Indian Country. She is founder of Project 562 which explores Native identity and experience through a dedication to photographing contemporary Native America.

Organizers say:

“The program will include the screening of a short documentary The Last American Indian On Earth, about contemporary artist Gregg Deal’s first performance piece ‘The Last American Indian On Earth’ (TLAIOE), a piece he carried for a year. TLAIOE explores the romantic, misunderstood and often racist interactions average Americans have when encountering an Indigenous person. The performance allows Deal to explore this strange American interaction, the problems with it and the critical thinking that goes in to asserting identity and enacting change.”

For more background, here is a great video with Gregg Deal speaking in Washington DC. (at Creative Mornings in July 2014):

More information including a link to the free tickets is on the event’s Facebook page.


Law firms under cyberattack is one of the topics we cover in the October Arizona Attorney Magazine.

Law firms under cyberattack is one of the topics we cover in the October Arizona Attorney Magazine.

How safe is your data? And the data held by you in care of your clients?

In the October issue of Arizona Attorney Magazine, Andres Hernandez asks that question. The evidence regarding law firms suggests the answer may be a distressful “Not very.”

The article explores some in-the-news law firm hacks we’ve read about. He then offers some suggestions to keep your own data safe.

The opening page of Andres Hernandez' article on cyberattacks, Oct. 2016.

The opening page of Andres Hernandez’ article on cyberattacks, Oct. 2016.

Meantime, just today I came across the Arizona Republic headline “Banner Health’s summer data hack triggers 10 civil lawsuits.”

The lawsuit you avoid could be your own.

If you have your own story of law-firm success in crafting ways to protect data in the digital age, write to me at


Banner Health cyberattacks lead to 10 civil lawsuits

State Bar of Arizona SBA_Logo_ColorIn case you missed it, here is news about important changes to Rule 32, the Arizona Supreme Court rule that establishes and defines the State Bar. The changes were proposed by the Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona, led by former Chief Justice Rebecca White Berch. The task force was created in 2014 (see the Order).

As the State Bar reports,

“The State Bar of Arizona’s consumer protection role has been enhanced thanks to a revised rule from the Arizona Supreme Court. The changes to Rule 32 … add language that refines the organization’s mission. While the State Bar has always focused its efforts on protecting the public, that language is now in the rule. The updated wording says, ‘The State Bar of Arizona exists to serve and protect the public with respect to the provision of legal services and access to justice.’”

Arizona_Supreme_Court_SealOther changes affect the Board of Governors and the Board of Legal Specialization, among other things.

You can read about the changes here.

And the full rule change is here.

One commentator says private employers can take action now to reduce the downstream effects on people who were formerly incarcerated. ban the box

One commentator says private employers can take action now to reduce the downstream effects on people who were formerly incarcerated.

This decade may mark one of the most significant shifts in popular thinking about criminal justice issues. Those shifts implicate every stage of the process, from policing, to charging and sentencing, to release terms, and to those many invisible penalties often visited on formerly incarcerated people.

There is no monolithic view of these topics. But there does appear to be growing consensus that a mass-incarceration and lifetime-penalty approach has not served society well.

Another example of that came in Saturday’s Arizona Republic, where attorney Mark Holden penned an op-ed recommending that private companies voluntarily adopt ban-the-box in their hiring practices.

Don’t know what ban-the-box is? Here’s Mark:

Mark Holden, GC and SVP of Koch Industries

Mark Holden, GC and SVP of Koch Industries

“Right now, most employers require job-seekers to check a box on an application if they have any criminal record. Too often, this can function as an automatic ‘application denied’ for individuals with a blemish in their past.”

“Nationwide, some 650,000 incarcerated individuals rejoin society every year, and they desperately need jobs to help them transition back into society and to provide for themselves and their families. But the criminal record box often shuts them out of the job market before they can get a foot in the door.”

You can read his entire piece here.

(In an awkward headline difference: The print version is titled simply “Ban the Box: Have You Ever Been Convicted of a Crime?” Meantime, the online version has the pretty inflammatory headline “Arizona businesses should hire felons (or at least stop immediately asking them about their records)” Um, not quite, Arizona Republic. But nice try.)

What makes this especially interesting is Mark’s day job—he is the general counsel and senior vice president for Koch Industries. Yes, that Koch Industries, of the famed and very conservative Koch Brothers.

Felony convictions have a significant and long-lasting effect on the economy.

Felony convictions have a significant and long-lasting effect on the economy.

Understand, as Holden makes clear, Ban the Box does not mean employers entirely omit the felony question from the hiring process. But instead of being asked the moment an applicant begins the process, the question is delayed until later in the process—by which time an employer may have found that the person’s skills and personality are a great match for the firm.

This stance is another indicator that the chasm between viewpoints may be shrinking a bit between civil libertarians and those concerned about the massive costs society incurs when incarceration effects continue long after a person is released from prison.

If you have a view into the downstream effects of incarceration, I’d like to talk to you for a possible story. Write to me at

A new report from an Arizona Supreme Court task force explores the costs of pretrial penalties, fees, and cash-bail policies. jail Tent City Maricopa County

A new report from an Arizona Supreme Court task force explores the costs of pretrial penalties, fees, and cash-bail policies.

“Who pays?” could be the underlying theme for a new report out of the Arizona Supreme Court task force Fair Justice for All. One of the vital topics it examines is the inequities that may exist in a system of cash bail for those awaiting trial.

An Arizona Republic story describes the task force report. One of the report’s recommendations would be to move toward a risk-assessment approach in terms of bail. Already in use in some other states, the assessment would determine an individual’s danger to the community and his likelihood to return for hearings and trial. Critics say the current system more accurately assesses the depth of a defendant’s bank account than the more relevant questions.

Arizona_Supreme_Court_SealThe task force ultimately made 65 recommendations. The full report is here, and more detail about the report and its process is here. As you’ll see, the report examines the effects of court fines, fees, and penalties, as well as pretrial release policies.

I’m currently in conversation with a potential author who would write an article for Arizona Attorney explaining what this all means. More to come.

Of course, I previously wrote about another groundbreaking report titled “Who Pays?” It was created by the Ella Baker Center for Human Rights. At that time, I spoke with the Center’s Zach Norris about the “true cost to families of incarceration.”

You should read that report here, as it well examines the additional penalties that follow a previously incarcerated person after release and return to the community. That is the other side of a coin being written by the Arizona Supreme Court, about the cost of pretrial penalties.

A graph offers data on how many unconvicted individuals are held in the Maricopa County jail system awaiting trial.

A graph offers data on how many unconvicted individuals are held in the Maricopa County jail system awaiting trial.

Florence Project logo 25 yearsTonight, I’ll be attending a great annual event: the Pro Bono Appreciation and Awards evening hosted by the Florence Immigrant & Refugee Rights Project.

It starts at 5:30, at Lewis Roca Rothgerber Christie LLP in downtown Phoenix. I hope to see you there.

Down below, I list those who will be honored tonight. They truly deserve the thanks of all of us for the work they do.

But before I get to those names: If we needed another example of how important the Project’s work is, a recent story from the New York Times provides it. It’s titled “It’s Children Versus Federal Lawyers in Immigration Court,” and you should read it here.

As the Project’s Executive Director, Lauren Dasse, points out in an email to supporters:

“I’m happy to share that the Florence Project’s work representing children was featured in last Sunday’s New York Times! These days, it seems that the only national news attention to immigration issues revolves around campaign promises. That’s why it was refreshing to hear from a reporter who wanted to write a story about immigrant and refugee children who have no right to government provided legal representation. I gladly shared about the Florence Project’s work, and about how we support efforts to increase representation for all immigrants in detention—men, women, and children.”

Lauren Dasse Executive Director The Florence Project

Lauren Dasse, Executive Director, The Florence Project

“The article focuses on a 15-year-old boy from El Salvador, whose dramatic story of escaping gang violence is one we hear from hundreds of children that we have helped over recent years. The article gives an overview of what children face in immigration court, if they can’t afford a lawyer, and how even children are expected to represent themselves. The boy was afraid to speak for himself in court, but he met a Florence Project attorney who offered assistance. Thankfully, we are able to represent him and he won’t have to go to court alone again.”

“We are closely following the efforts in federal court to obtain the right to government-provided counsel. In the meantime, we will continue our important work providing know your rights presentations, legal intakes, legal representation, and doing all we can to connect children and adults with lawyers.”

The Fire Line by Fernanda Santos Yarnell Hill Fire Granite Mountain Hotshots(It’s worth noting that the reporter on the article is Fernanda Santos, who also serves as the Times’ Arizona bureau chief. If her name sounds familiar for another reason, it may be due to her exemplary coverage of the Yarnell Hill Fire that took the lives of 19 firefighters. She later turned her breaking-news coverage into a moving and informative book about those men and the families they left behind. It’s titled The Fire Line: The Story of the Granite Mountain Hotshots and One of the Deadliest Days in American Firefighting, and I recommend it. You can read more about it and her here.)

Here, finally, are the names of the attorneys and firms to be honored tonight (photos down below):

  • Law Firm Partner of the Year: Lewis Roca Rothgerber Christie LLP
  • Lifetime Achievement Award: Anthony Pelino, Esq., Law Office of Anthony Pelino
  • Rookie Pro Bono of the Year: Adam Kaplan, Esq., Honeywell International Inc.
  • Adult Program Pro Bono of the Year: Lilia Alvarez, Esq., Alvarez Law PLC
  • Children’s Program Pro Bono of the Year: Brian Kim, Esq., Lewis Roca Rothgerber Christie LLP
  • Pro Bono All-Star: Sambo Dul, Esq., Perkins Coie LLP

If you can’t attend this evening but you know these folks, be sure to reach out with congratulations and thanks.



Benefits to blogging? I’ve seen a few … and so have successful attorneys.

Being a cheerleader for blogging has been an avocation of mine since—well, since I started my own back in 2009. There are multiple reasons to blog, and not everyone has the same goals. For me, blogging lets me develop story ideas and leads, and it allows me to cover news and events in quicker fashion than our hard-copy magazine ever could.

It also has been of incredible assistance in making connections with other people, professionals who want to share news or lawyers who are happy I’m telling their stories.

That’s why I’m happy to share news of a free blogging webinar occurring this Thursday, August 25—register here. Here’s hoping some attorneys take the plunge and discover how differentiation through blogging and other means is one of the best strategic paths to practice success—and satisfaction.

Cordell Parvin blogging webinar

Cordell Parvin

Taught by lawyer and career expert Cordell Parvin (and hosted by practice management software company MyCase), the webinar will be held at 11 a.m. PT/2 p.m. ET this Thursday. Here is the description:

Many lawyers who blog become “go-to” authorities in their practice areas. This leads to benefits including; new clients, speaking engagements, and job offers. So, how do you create a blog that you enjoy writing and that others find interesting? Cordell Parvin, attorney and former Practice Group Leader, will show you how to create a legal blog and start building your online audience in this blogging webinar. Here’s some of what will be covered:

  • The benefits of blogging
  • The art of writing a good post
  • Where to find topics
  • Creating a blog strategy
  • Essential ingredients to attract clients
  • Much More!

If you can’t attend the live session, you can receive the webinar recording by registering.

Thank you to the always-on-it folks at Above the Law for sharing the news of this free webinar, and to MyCase for hosting on such an important topic.

« Previous PageNext Page »