Legal events


Attorney-author Gary Fry (photo by Karen Shell)

Attorney-author Gary Fry (photo by Karen Shell)

What appears on the back page of your favorite magazines?

The reason I ask is that a publication’s final page is routinely ranked as one of the “most-read” pages of a magazine. So editor-types tend to put a lot of thought into that content.

Our own last page has included written columns, photos, and even quizzes. Over the past few years we have engaged readers with “The Last Word,” columns by regularly recurring authors.

After a while, though, it occurred to us that someone may have an idea or two that they want to share, even if they do not commit to a nearly monthly writing regimen. And so we devised “My Last Word,” for those more sporadic and yet still compelling notions.

The April issue of Arizona Attorney contains one of my favorites.

I have always enjoyed the writing of attorney Gary Fry, and you may agree. He prevailed in our Poetry category for our arts competitions in 2007 and 2013.

And here he is again writing, this time on the life of a retired, rural lawyer. His essay opens:

“I am a shepherd tending his flocks, four rescue mutts and two elfin Cornish Rex kittens in one, seven medicinals in the other—hawked on TV with taglines like, ‘Ask your doctor if Cymbalta is right for you.’ One flock is messy but brings me joy. The other protects me from messes I am prey to in my eighth decade.”

 “I am also a retired lawyer: Bar number 001880 (circa 1966). After a brief go as a courtroom lawyer—going nowhere fast—I turned to real estate law, paid to mine dense legal text and define ‘acts of god’ in elegant stacks of paper. But the emotional return on documenting a complex financial transaction could never match helping some poor soul out of a jam.”

Please read his whole piece here. (And the image of his back-page column is below.)

My Last Word by Gary Fry, Arizona Attorney Magazine, April 2015

My Last Word by Gary Fry, Arizona Attorney Magazine, April 2015

Dr. David Weil, Director of the Wage & Hour Division of the U.S. Department of Labor, speaks at the University of Arizona Medical School, Phoenix, April 1, 2015. On stage are Wage and Hour Division Phoenix District Director Eric Murray (at left) and Attorney Matt Meaker, who was also the event coordinator (Photo courtesy of the DOL Wage and Hour Division.)

Dr. David Weil, Director of the Wage & Hour Division of the U.S. Department of Labor, speaks at the University of Arizona Medical School, Phoenix, April 1, 2015. On stage are Wage and Hour Division Phoenix District Director Eric Murray (at left) and Attorney Matt Meaker, who was also the event coordinator (Photo courtesy of the DOL Wage and Hour Division.)

A recent visit to Arizona by a federal official was made possible by attorneys and others concerned about employee misclassification. The result was a day of speaking events and community meetings for Dr. David Weil, Director of the Wage & Hour Division of the U.S. Department of Labor.

It’s hard to overestimate the economic and other problems that misclassification causes.

At an April 1 event, Wage and Hour Division Phoenix District Director Eric Murray said that fully one-half of his office’s time is taken up with the issue. It affects: individual workers who may be underpaid, state and other agencies that get artificially lower revenue because of the errors, and businesses that may be forced into difficult decisions regarding compliance.

Wage and Hour Division Phoenix District Director Eric Murray speaks at employee misclassification event, April 1, 2015.

Wage and Hour Division Phoenix District Director Eric Murray speaks at employee misclassification event, April 1, 2015.

That constellation of problems led lawyers like Matt Meaker to form the Employee Misclassification Compliance Assistance Program (EMCAP) Working Group. He is the group’s Chair, and he took the lead on bringing the issue to the attention of the federal agency.

The subject generates much passion, Meaker said at the April 1 event. But it is not an easy subject to confront.

“Good guys want to compete on a level playing field,” Meaker told a roomful of employment lawyers, contractors and their representatives, and others. “They want to be good stewards of industry.”

Attorney Matt Meaker speaks at employee misclassification event, April 1, 2015.

Attorney Matt Meaker speaks at employee misclassification event, April 1, 2015.

And so a working group created a pilot program that became EMCAP. It allows “candid talks about business decisions, not just legal issues.”

The keynote speaker at the University of Arizona auditorium in downtown Phoenix was Dr. David Weil. In public remarks and a half-hour interview afterward, he explored the landscape of misclassification, its roots and future possible solutions.

Highlighting the politically fraught nature of his position, Weil was the first Senate-confirmed Wage and Hour Administrator in a decade. As he did in his confirmation hearings (introduced by Sen. Elizabeth Warren), he spoke in Phoenix at length on misclassification.

A portion of his confirmation hearing is below; his remarks on misclassification begin at 2:40 (though Senator Warren’s intro is worth watching too):

Given that political landscape, it’s not surprising that Weil comes from a business school (at Boston University). In Phoenix, he described his business bona fides and said he was “proud of his decades in a business school.” And he described the mission of the Department of Labor as twofold: to understand that business is a fundamental part of our economy, and to protect workers.

But on the elevator-pitch version of the DOL’s mission, Weil is crystal-clear: “Our job is to make sure people get a fair day’s pay for a fair day’s work.”

The reality of the department’s resources complicates that vision considerably. Weil discussed the strategic thinking that must go into enforcement decisions. As DOL staffers gaze at a landscape with 7.3 million workplaces, they have become adept at reviewing data to identify red flags. They also look closely at industries that have had traditional problems with misclassification—construction, janitorial, hospitals, restaurants, and logistics, to name a few.

Weil used the title of his book The Fissured Workplace to explain more deeply the challenging predicaments presented by an evolving economy. As companies have decided to focus on “core competencies” and shed “ancillary” activities, efficiencies have increased, even as the number of people on the payroll has decreased.

But what happens to those ancillary functions and all the people who used to do them? Often, they remain, but are now employed by a third-party entity, ostensibly more adept at that particular function.

That kind of outsourcing and subcontracting is not new, Weil admits. But what is new is the stringent and detailed standards that the large brands impose on those third-party firms and their many employees. The larger companies need to ensure a consistent delivery of all their brand elements, and so they often control non-employees’ work lives down to the granular level. And they have new and developing technologies that allow the larger brands to monitor every moment in the lives of their products and the workers.

So … are those workers employees, or not? Often, the larger brands rely on a strategy that says “not.”

Weil and we may sympathize with the challenge faced by those companies. A branded cellphone must work exactly the same, wherever it was manufactured. A person checking into a chain hotel expects a nearly identical level of customer experience, whether they are in Dubuque or Dallas. But some companies may be crossing the misclassification line.

The challenge may be just as great for companies that are not in violation. As they view their industry’s landscape, what if they find they cannot compete without certain questionable strategies?

That, said Weil, is where groups like EMCAP come in. Yes, DOL enforcement must be vigorous, and collaborations with state departments of labor must be robust. But business buy-in and self-regulation are vital.

Wage and Hour Division Administrator Dr. David Weil speaking with American Subcontractors Association of Arizona CEO Carol Floco (at left) and Attorney Julie Pace. (Photo courtesy Wage and Hour Division.)

Wage and Hour Division Administrator Dr. David Weil speaking with American Subcontractors Association of Arizona CEO Carol Floco (at left) and Attorney Julie Pace. (Photo courtesy Wage and Hour Division.)

Via EMCAP and similar approaches nationwide, employers may gather and use dialogue and other methods to curtail bad practices.

“When you hear from a peer, a fellow employer,” said Weil, “that is incredibly powerful.”

He cites the Florida citrus industry as an example of successful self-policing. He said that when the DOL shared data about which subcontractors were regularly violative in misclassification and in regard to worker rights, larger producers asked for a copy of their maps. Pointing to the red dots indicating poor performers, some industry leaders said, “We don’t want to do business with the red bubbles.”

And that altered toolbox of strategies is just fine with the Wage & Hour Director.

“We’re not into a game of gotcha,” said Weil, “but compliance.”

Though enforcement is still a tool, he said, the primary focus must be “thinking creatively about changing business decisions.”

My unedited follow-up interview with Dr. David Weil is here:

 

And more background on EMCAP is here. We may follow up with Matt Meaker and his partner Helen Holden on the committee’s progress.

Dr. William Meinecke, Jr., State Bar of Arizona Convention, June 19, 2013.

Dr. William Meinecke, Jr., State Bar of Arizona Convention, June 19, 2013.

We hear too often the true statement that we may be doomed to repeat the unlearned lessons of history. But an upcoming program at the State Bar, on Thursday, April 16, may provide tools and insights to avoid that trap of amnesia.

Titled Lessons From the Holocaust,” its speaker is Dr. William Meinecke, a historian for the United States Holocaust Memorial Museum’s leadership development programs. He also wrote Nazi Ideology and the Holocaust (2007).

I covered Dr. Meinecke’s appearance at a previous State Bar Convention here.

Here is information from the Bar about the April 16 event:

“The Holocaust is much more than an unspeakable horror from WWII or a chapter in a history book. The study of the Holocaust provides important insight into the consequences when the mission of the police, judiciary, and the legal profession is transformed from protecting the rights of individuals to actively abusing basic human civil rights. Using legal decrees, judicial opinions, and case law of the period, participants study the role of these professions in the destruction of democracy and the establishment of the Nazi German state.”

“Participants are challenged to examine their own roles and responsibilities as members of professions that hold the public trust, protect society, and influence the health of our democracy by studying the decision making, the opportunities, and often the failures of their counterparts in Nazi Germany that helped lead to mass murder.”

The event has become popular enough that an overflow room is being filled. More information and registration information are here.

More about the Museum is here.

Paired with the event will be the display of an information-filled poster series, on loan from the American Bar Association and the German Federal Bar. The gripping series is titled “Lawyers Without Rights: Jewish Lawyers in Germany Under the Third Reich,” and it will be available for viewing in the State Bar member lounge on Monday through Thursday in the week of April 13. (Registration for the Holocaust CLE event is not required to view the posters.) I have just received background material on this amazing project, and I will provide more detail on it as soon as I know more.

The following photo is taken from the project.

Munich lawyer Dr. Michael Siegel marched by the police through the city's streets after complaining about the treatment of a client. (Photo from German Federal Bar and American Bar Association.)

Munich lawyer Dr. Michael Siegel marched by the police through the city’s streets after complaining about the treatment of a client. (Photo from German Federal Bar and American Bar Association.)

12 News logoI regularly report on the activities of Lawyers on Call, a State Bar public service program hosted at the ofices of 12 News, the Arizona Republic and azcentral.com. At the events, volunteer lawyers answer consumer questions on various topics. On Tuesday, March 31, the event focused on tax laws. In a moment, I’ll share the names of the generous volunteer attorneys. But first, it’s worth noting that this version of Lawyers on Call included a new development: the use of a streaming video app, Periscope, to better address some consumer questions. To add to the functionality, this past month’s event also includes a video recap (see it at the end of this post). I am very impressed by the video’s quality, achieved via free apps. That makes me think I should try my hand at some videos myself! State Bar of Arizona SBA_Logo_ColorThe Lawyers on Call news comes, as always, from my innovative colleague Alberto Rodriguez: Five attorneys volunteered their time and expertise on March 31, 2015, to offer legal advice on tax law. The attorneys were:

The lawyers answered 118 calls, 23 questions via Facbook, and a handful on Periscope, a streaming video app that had 55 participants. Sample consumer questions:

  • How do I report on gaming winnings?
  • How does the Affordable Health Care Act affect my file/return?
  • What are the penalties if I file late or file an extension?
  • How does filing bankruptcy affect my 2015 file/return?

Several callers reported scam activity—receiving phone calls from individuals claiming to be an “IRS” representative who request personal information and payments. Facebook continues to be a successful component of Lawyers on Call, as attorney Derek Kaczmarek answered 23 questions posted on the 12 News fan page. In addition, the 12 News social media team launched the use of Periscope, an interactive streaming video app where participants could ask their questions live. Four out of the five attorneys were first-time volunteers. All volunteers were extremely satisfied with the quality of the questions overall and were excited to have participated in the Lawyers on Call public service program. Here is a terrific video recap: http://www.youtube.com/watch?v=n83m1ZbclBs&feature=youtu.be

My opening #BLI15 communications slide. #itsnotatypo

My opening #BLI15 communications slide. #itsnotatypo

Yesterday, I promised to share my decision on whose tweets from the ABA Bar Leadership Institute communications session were the most splendiferous. Today, I honor that promise.

Ultimately, I come to praise four folks—and I end this post with our Big Winner. Each of them will receive a special audiocassette (why audiocassesttes? Read here and here.). Of course, to receive their prize, they have to contact me at arizona.attorney@azbar.org with their snail-mail address!

Here are photos of the audiocassettes; click them to biggify (I’m still not sure who gets which, except for The Big Winner):

And before I forget: If you go to the end of this post, you’ll also see that we had huge Twitter engagement during our session. So I’m pleased to name and thank many of those talented folks. (Want to see nearly everything? Here’s my Storify from the session.)

Every one of the people appearing in today’s post deserve a follow by you on Twitter. Get to it!

Without further ado, here are our four winners:

Whitney von Haam @wvonhaam

Whitney offered engagement, excitement, and even a suggestion that she will change her life’s mission statement—all in response to our presentations! Not to mention her use of the hashtag #notthesameoldkitchencabinet

Here are a few of her tweets:

John Trimble @IndyBarPres

Look at John’s tweets below and note a few things:

  • He’s concise and to the point.
  • He “gets it” on a very deep level.

His classic approach is appreciated by busy tweeters everywhere:

And this, not officially during our session, is still eloquently put:

Yvonne McGhee @Yvonne_McGhee

Yvonne has been a leader’s leader for years, and her tweets show how adept and generous she is as she offers praise and insights.

Plus, she used the hashtag #truth at an evocative moment. I think you’ll agree that Yvonne shares the love in wonderful ways:

… which refers to this slide:

A young Dustin Hoffman learns about mobile.

A young Dustin Hoffman learns about mobile.

Tom Prol @tprol

So if you’re paying attention, you’ll see that Tom Prol is our big Twitter winner (Twinner?). Therefore, he will receive the fantastic tape from the band Spinal Tap.

What did I love about Tom’s tweet-valanche? Only a few things. His:

  • Quick thinking
  • Art direction and composition
  • Overall excellence and willingness to engage
  • Entrepreneurship to immediately take a selfie with a colleague as I took one in the BLI audience

Wowser. Tom puts the “wit” in Twitter, as you’ll see below:

Other Talented People

Here are some other terrific tweeters from the session (but a guy only has so many cassettes):

As I mentioned, if you want to relive that morning (I know you do), traipse over to my Storify here.

Finally, what do I take away from this amazing roster of tweeters?

  1. It’s far larger than I had expected.
  2. Association folks are witty and quick.
  3. I am surrounded by generous and smart communicators.

All in all, a #winning month. Thank you to all my amazing colleagues!

The ABA #BLI15 conference room as I took the stage.

The ABA #BLI15 conference room as I took the stage.

Two weeks ago, I had the chance to present on communications to hundreds of lawyers. Fortunately, prizes were involved. And soon, I’ll announce even more of them.

No, no prizes for me. My prize was the opportunity once again to speak to legal leaders at the American Bar Association Leadership Institute. I had 30 minutes to explore how and why we all communicate well (and sometimes less than well), as individuals and as associations.

I then got to introduce smart people from bar associations around the country, each of whom addressed a core area of communications: in print, in person, and in electronic media. Those folks were Mark Mathewson of the Illinois Bar, Meredith Avakian of the Philadelphia Bar, and Karen Korr of the San Diego County Bar. I think it’s fair to say we all hit it out of the park. (What, you want evidence? Cruise over here to enjoy the Storify I created from our morning’s presentations. We were all pleased at the amount of engagement that surrounded us, and that clearly extended to the web.)

But … I mentioned prizes.

They included the prizes I handed out during my presentation, when folks accurately answered questions.

The audience was terrific and responded immediately when I queried them. And those who answered correctly received … audiocassettes.

That’s right. Old-fashioned music cassettes. I found them at Phoenix vintage stores, and they were quite a hit. But then again, who doesn’t love Leslie Gore singing “It’s My Party,” or Sonny and Cher reminding us that “I got you, babe”?

Here is a tweet from one attendee who won the Sonny & Cher love:

So what were my questions that led to music prizes, you wonder? I asked the audience to complete a quote by George Bernard Shaw

My #BLI15 PowerPoint slide with George Bernard Shaw

My #BLI15 PowerPoint slide with George Bernard Shaw

… and I asked what movie was the source for the following quote regarding “turning the dial to 11”:

turn the dial to 11 This Is Spinal Tap

So, why the cassette mania? Well, it had a communications connection. It emerged from an essay that I was taken with, by Don MacKinnon. It’s titled “Mixtapes: The Future of Creation?” You can read it here.

My other prizes—the ones yet to be announced—are being given to audience members who were the session’s best tweeters. The mind races.

Tomorrow, I’ll tell you who those talented social-media folks are—and what they’re getting.

In the meantime, you may enjoy a list of all of my sources, compiled (of course) as mixtape liner notes (click to see the PDF):

ABA BLI 2015 additional reading handout eigo

Rachel Schafer

Rachel Schafer

In 2014, we were pleased to see the Arizona Supreme Court adopt a rule that eased admission for a certain category of attorneys: those who are already admitted and in good standing elsewhere but who find themselves in this state because of the transfer of their military spouse.

Author and attorney Rodney Glassman wrote about it here. (And I covered it in the blog here.) Essentially, spouses of military personnel are able to get quick, temporary licensing if their spouse is stationed in Arizona.

The rule-passage was a great accomplishment, but even better news came this month when an attorney availed herself of the rule. Rachel Schafer of Quarles & Brady has become the first person admitted under Rule 38(1). The commercial litigator practices in Quarles’ Tucson office; her husband, a pilot, is stationed at Davis–Monthan Air Force Base.

I will be interviewing Rachel this week, and we’ll have a story on the topic in the May issue of Arizona Attorney Magazine. In it, we’ll also hear from the MSJDN Network, which is advocating similar rule changes around the country.

And you shouldn’t be surprised to see more of these stories around the country; here’s one from Virginia.

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