Advance detail about #azbarcon Thursday AM seminars

In advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

• Who should attend this seminar?
• What is the one main takeaway a lawyer will gain by attending this seminar?
• How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
• What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Today, I share, in two separate posts, the responses of those whose seminars are calendared for tomorrow, Thursday, June 12. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

What follows are the seminar responses I received for the morning programs.

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Thursday, June 12, 8:45 am

T-17: Roadblocks to Reentry: Employment Obstacles Following Conviction and a Guide To Ease the Transition

Chair: Gary Restaino

Who should attend this seminar?

Gary Restaino

Criminal defense attorneys, legal aid attorneys and employment law attorneys should attend this seminar to better understand the barriers (including employment) faced by defendants reentering society from a period of incarceration, and the opportunities available to assist them.

What is the one main takeaway a lawyer will gain by attending this seminar?

The biggest takeaway may well be the power of second chances.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

One of the key current events with respect to this seminar is the growing “Ban the Box” movement, in which certain employers (either through voluntary action or local ordinances) push the background check process farther into the employee selection cycle, in order to enable a former criminal defendant to develop a rapport with the employer in lieu of outright rejection based on criminal history.

Thursday, June 12, 8:45 am

T-19: The Annual Ethics Game Show

Chair: Lynda Shely

Who should attend?

Lynda Shely

Anyone who needs 3 hours of ethics credit while having fun, wants to learn the latest ethics news, and earn a prize … several ethical rules changed this year – do you know how they apply to your practice?

What is the one main takeaway from attending?

No, it’s not the prize – it will be the latest ethics and risk management tips for all firms, including some checklists and templates.

What is the most common misconception about ethics?

IT IS NOT BORING – it can be fun and informative and everyone takes away not only a prize but useful ethics information to share with their offices.

Thursday, June 12, 10:30 am

T-20: The Unblinking Eye: High-Profile Cases and Cameras in the Courtroom

Co-Chair: Judy Schafert

Who should attend this seminar?

Judy Schaffert

Practitioners who try cases, both criminal and civil; public lawyers; lawyers who represent potentially controversial or notorious clients; people who care about the public or the media; politically active practitioners; and anyone who cares about the courts as public institutions.

What is the one main takeaway a lawyer will gain by attending this seminar?

Cameras have entered the courtrooms of our state, but when and how involves more implications and decisions than many might expect.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

There has been a recent change in Arizona court rules — and the technology continuously leapfrogs.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Many lawyers do not appreciate the extent to which cameras in the courts implicate their duties, and their clients’ and witnesses’ rights, especially under the new rules.

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Advance detail about #azbarcon Wednesday seminars

In advance of the Bar Convention, I contacted seminar chairs seeking their response to four questions about their upcoming panel. Here are the questions I sent:

• Who should attend this seminar?
• What is the one main takeaway a lawyer will gain by attending this seminar?
• How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)
• What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Today, I share the responses of those whose seminars are calendared for tomorrow, Wednesday, June 11. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

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Wednesday, June 11, 8:45

W-3: Hot Topics in Public Law

Chair: Regina L. Nassen,Deputy Pima County Attorney

The civil law portion

Who should attend this seminar?

Regina Nassen

If you represent government entities, whether you’re privately or publicly employed, you will find this presentation useful. (Public lawyers in offices that do both criminal prosecution and civil government representation will want to attend both sections.)

What is the one main takeaway a lawyer will gain by attending this seminar?

There is a good chance that you will learn something you did not know and probably should, but it may be something different for each person.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

We will highlight issues of particular interest to government lawyers that have been addressed in recently-issued court opinions or new legislation, or are the subject of developing litigation. For example: fees & taxes (Biggs); first amendment rights for gov’t employees (Lane); gift clause restrictions (PLEA); gov’t immunity and tort liability (Glazer, Guerra, Peralta); eminent domain (Rogers, Garretson); claims statute (Ponce); campaign finance (McCutcheon).

The criminal law portion

Who should attend this seminar?

Criminal defense lawyers, prosecutors, and civil government lawyers who represent and advise law enforcement agencies. This seminar is so relevant that even the NSA will eavesdrop.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

When it comes to the 4th and 5th amendments, are the lines now blurred or bright?  How are courts confronting new technologies?  Topics include Katz and dogs, cellphones and cellblocks, border searches and computer seizures, and the latest decisions from the US Supreme Court.  We will talk about new search and questioning tests, effective police tactics and ineffective representation, recording of confessions, restitution to victims, and probable cause determinations.

Wednesday, June 11, 2:00

W-8, Administrative Law: 2014 Statutory and Case Law Update

Chair: Timothy J. Sabo, Roshka DeWulf & Patten, PLC

Faculty: Camila Alarcon, Withey Morris, PLC; Gregory Y. Harris, Lewis Roca Rothgerber LLP

Who should attend the seminar?

Anyone interested in new developments in administrative law, particularly lawyers who appear on behalf of clients in connection with administrative law matters.

What is one main take away a lawyer will gain by attending this seminar?

Administrative law is dynamic. Legislative changes and judicial decisions that apply or construe the Administrative Procedures Act and the judicial review laws have important implications for practitioners.

How is this seminar timely?

Timothy Sabo

This seminar will identify and discuss legislation just enacted after the 2014 legislative session and cases decided in the past year.

What is the most common misconception about this issue?

A common misconception is that a single set of laws and rules applies to all agency matters. Municipal agencies, certain personnel matters, and many school boards are not governed by the APA. This seminar will cover recent legislation and case law that highlights this point.

Wednesday, June 11, 2:00

W-9, Appeals of Administrative Decisions

Chair: Timothy J. Sabo, Roshka DeWulf & Patten, PLC

Faculty: Hon. Samuel A. Thumma, Arizona Court of Appeals, Division One; Hon. Michael O. Miller, Arizona Court of Appeals, Division Two; Susan M. Freeman, Lewis Roca Rothgerber LLP

Who should attend this seminar?

Anyone who practices before state, county or local agencies, boards, or commissions.  Unless you win every case and no appeal is taken, eventually you may be faced with an appeal, and anyone with an administrative appeal will benefit from this fast-paced discussion.

What is the one main takeaway a lawyer will gain by attending this seminar?

You will hear directly from two Court of Appeals judges and an experienced appellate practitioner speaking candidly about practical and legal issues for appeals of agency decisions.

How is this seminar timely? (That is: Why do attorneys need to learn more about this topic right now? What’s going on now in the world or in law practice that makes this topic important?)

Electric competition? Problems at BOMEX? Will people with solar panels have to pay more for access to the “grid”?  Some of Arizona’s biggest news stories in the last year have been administrative law issues.  Learn the do’s and don’ts of anticipating and litigating appeals in administrative law cases.

What is the most common misconception about this issue? In other words, what do lawyers think they know, but don’t?

Thinking that you can fix everything when you get to court.  You need to “build the record” before the agency, and learn when and how to “exhaust your remedies” at the agency level.

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Brief videos by @AZCLE offer quick lawyer learning

This teaser signifies a new and innovative way to combine magazine content with online learning.

The June issue of Arizona Attorney Magazine features the launch of an intriguing monthly collaboration—which offers more ways for attorneys to gain some useful legal knowledge.

It is called a “CLE Snippet” (I didn’t name it), and each one is planned to be a 15-minute video on a topic from the newest Arizona Attorney.

It started in June, and the inaugural video is drawn from our Eye on Ethics column, written by attorney Dave Dodge. He wrote this month on joint defense agreements. You can read his column here.

The online part of the snippet is the video, which this month is a Q&A between Dave and Bar ethics guru Patricia Sallen.

Yes, the Snippet is a CLE Department offering, so there is a cost. But you can go and watch some and decide if this abbreviated form of learning is for you.

Pat Sallen and Dave Dodge chat about joint defense agreements, in the inaugural CLE Snippet of the State Bar of Arizona.

We’re putting together our July/August issue now, so I can’t reveal what the next Snippet will be. But I hope you find it helpful and tune in.

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#SCOTUS panel mixture of law, magic

ASU’s Paul Bender as a bobblehead. My memory of law school professors is more head-shaking than nodding, but whatever.

Yesterday, I spent much of the day hearing about last Term’s Supreme Court cases. The panel of lawyers and scholars was a good one, and, when it comes to the Court (and Shakespeare), it’s clear that the past is certainly prologue.

The speakers covered more than a dozen significant cases, and it’s certainly true that many issues will recur in the next or upcoming Terms.

Tomorrow, I may share a few thoughts about what works in this kind of program. For now, here are a few photos from the event. First, though, the event included a few unique elements, rarely if ever spotted at a CLE:

• There was a magician. Yes, an actual illusionist. His name is Shawn Greer, he is quite good, and you can read more about him here. I haven’t been able to identify whose idea it was to include a magician’s skills during breaks and lunch, but I suspect it had something to do with the imaginative panel chair, Judge George Anagnost. Kudos.

Paul Bender and Hon. George Anagnost, Oct. 23, 2013.

• There were bobbleheads. I suspect (but haven’t confirmed) that each panelist received a bobblehead in his own likeness. What I do know is that ASU Law Professor Paul Bender got one, and it was charming. Apparently each speaker was asked for a head-shot in advance, but they didn’t know why they were providing one. Now they know. (Professor Bender, nearly always right, so far as I can tell, muttered his cavils: The hairstyle was wrong, he doesn’t typically wear a tie, and the bobblehead was smiling. Very true, Professor. The smile was a deal-killer.)

Here are some photos:

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Power of Internet search for lawyers at @AZStateBar event with @MarkRosch @CaroleLevitt

Tomorrow, October 9, the State Bar is holding a seminar that may help you navigate the Internet in service of client and law practice.

I rarely mention State Bar CLEs, as their own marketing machine is pretty darn robust. But I am intrigued by this offering, which will be taught by Carole Levitt and Mark Rosch. (See more about them and their work here.) If those names sound familiar, it’s because they wrote a book on the subject. (Read down below to see how your CLE registration also gets you a copy of the book.)

The seminar is titled “The Cybersleuth’s Guide to the Internet: Super Search Engine Strategies and Investigative Research.” A long title, but they plan to cover quite a bit. Here’s the description:

“Learn how the Internet is changing the way legal professionals need to research and run their practice to competently represent their clients. Find out if failing to ‘Google’ as part of the due diligence process could keep you from winning a case or successfully completing a transaction. Uncover the best research strategies and learn to master Google. Discover how attorneys are using free public record sites and sites with free ‘publicly available’ information, including social networking sites (Twitter, Facebook, MySpace, Google Plus, and LinkedIn) for discovery, trial preparation, background checks, and locating missing persons.”

Carole Levitt

Mark Rosch

“Don’t be left behind in exploiting this gold mine of information that will assist you in meeting your investigative research obligations. Come join Carole Levitt and Mark Rosch, internationally recognized Internet trainers and authors of six American Bar Association books, who will show you how to be a cybersleuth to unearth information FREE (or at low cost!) on the Net. Each attendee will receive a copy of their 500 page book, The Cybersleuth’s Guide to the Internet, 12th edition revised (2013)—a $64.95 value.”        

Intrigued? Here’s where you can register.

And you can read more about the book here.

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Annotating Your Electronic CLE Materials on the IPad

Last week I wrote about a paperless initiative of the State Bar of Arizona. As part of it, the Bar will no longer print hard copies of CLE materials.

As you might guess, I got an earful—though a good number of Arizona lawyers told me they supported the move.

One question that arose in the blog comments (where the good stuff usually lies) was in regard to the ability to annotate the electronic materials. After all, we’re all used to marking up our printed materials during the CLE presentation. What do we do if we are gazing at a PDF, and we con’t happen to own Adobe Acrobat Pro?

A blog post by Nicole Black this week provides some solutions for those accessing the PDFs on an iPad. She points to a few rather inexpensive tools that will have you commenting and noting before you know it. As she says, the four tools “are just a few of the many apps available for reading, storing, organizing, and marking up PDFs and other documents on your iPad.”

You can read her post at Lawyerist, here.

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Green Initiative by @AZStateBar Includes No More Printed CLE Materials

Recently, the State Bar of Arizona made the paperless plunge—declining to provide written materials at continuing legal education seminars.

What do you think of this paperless initiative as it applies to CLEs? I’ve heard from a few attorneys who think it’s a way for the Bar to offload printing costs to members. But, in my experience, that view is in the minority. The mass of people I’ve spoken with said things like, “About time” and “No big deal.”

Do you agree? Is the Bar correct to get on the sustainability bandwagon? The move has to save thousands upon thousands of printed pages every year. Is that positive enough to offset a few inconvenient negatives?

What follows are a few of the Bar’s frequently asked questions. Be sure to read all of them here.

1.     Since there are no hard copies to pick up, how will I get my materials?

You will receive an email prior to the seminar containing a link to your materials. If you prefer to take a printed copy to your seminar, please print it before you arrive at the seminar. No hard copies will be available for pick up at the seminar. 

2.     Which email address will materials be sent to?

Materials will be sent to your email address on file with the Bar.  Please make sure your email is updated with the Bar to ensure receipt of the materials.

3. What if I want a hard copy of the seminar materials?

A limited number of hard copies will be available for an extra charge.

4. I’m already paying to attend the seminar, so why do I need to pay for printed materials?

As a cost-saving measure, as well as to move forward with the SBA’s green initiatives, the CLE department is providing registrants their seminar materials in an electronic format. The advantage of “going green” serves multiple benefits:

• Allows the Bar to keep registration fees at the 2008 price;
• No more lugging around materials;
• Easy access to materials.

5. If I want to purchase a hard copy of the seminar materials, how much will it cost?

Prices for hard copy materials will be between $20 – $40, depending on the manual.

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Batter Up: CLE in the Diamondbacks Bleachers

One of the more unique CLE offerings I’ve seen will occur tonight. It is hosted by the Arizona Diamondbacks and will be held—where else—at the ballpark.

The impressive panel is comprised of sports law attorneys (including the talented Nona Lee, whom we covered here in Arizona Attorney Magazine).

After the 5:30 CLE, the first pitch in the game against the Phillies is at 6:40, and legal learners are encouraged to stick around for the matchup.

Here is more about the CLE series. And the complete form is below (click to make it larger).

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Diversity and the Bench

Arizona Bar members—and State Bar of Arizona staff—were treated to a unique presentation on Monday afternoon. It was a CLE that examined a topic that is often a lightning rod, but that is enshrined in the state Constitution.

The CLE was called “Diversity Considerations in Judicial Merit Selection.” Appropriately, the headliner (if we may use that term) was Chief Justice Rebecca White Berch. She shared her perspectives on the role that the “D” word plays in establishing who may don the judicial robe.

Other panelists were Doug Cole of HighGround Public Affairs, Assistant United States Attorney John Tuchi and lawyer (and former aide to then-Gov. Janet Napolitano) Tim Nelson.

Each of the panelists has had experience with one or more of the commissions on judicial court appointments. As such, they could explain and reveal a little about how commissioners weigh applicants’ diversity, along with many other areas of experience.

The panel was ably moderated by Senior Bar Counsel David Sandweiss.

Sandweiss and the Chief Justice explained the founding documents that enshrine diversity as a value—both in the state Constitution and in a set of principles that the State Bar adopted in 1992. As Chief Justice Berch recalled, Sandra Day O’Connor had once said that she would hope a wise old man and a wise old woman would come to the same conclusions. But data have shown that there may be significant differences in the weight evidence receives, the Chief said, depending on whether a judge is a woman or a man. Neither is necessarily correct, but diversity on the bench helps assure that multiple viewpoints are represented.

Chief Justice Rebecca White Berch

As Chief Justice Berch said, “Decisions we make in life are part and parcel of all that we are.” Because of that, she said, lawmakers—and the State Bar—decided to value diversity.

Doug Cole echoed the position that commissioners are charged with looking at the whole applicant, not just a narrow slice of their resume. He amused the audience with some responses that he has found most surprising to Question 64—the query found on the judicial application in merit-selection jurisdictions that requires applicants to describe their experience with diversity—again, a constitutional requirement.

• “I am white and male.” (That was the complete response.)
• “I have friends who are diverse.” (I shortened the actual response, but not by much.)
• “Not applicable.”

Cole said that such responses miss the point, because diversity and facing adversity may occur in anyone’s life.

“The best applicants’ answers may be moving and touching, including life experiences and important turning points in people’s lives.”

So yes, Cole said, if you’re a white male, you still may have a good understanding of diversity.

John Tuchi agreed with Cole, but spoke also about the uncertainty of a word that has been given no delimited definition. Therefore, the assessment of what diversity means may vary among and between commissions and commissioners.

Tim Nelson described the statistics that reveal some strides have been made in increasing the ranks of minority judges. The bench is currently comprised of judges who are 71 percent male, 29 percent female and 16 percent minority. Those numbers nearly mirror the membership of the Arizona Bar—though they trail the breakdown of state residents.

“Right now, we have a bench that matches the profile of our Bar.” Whether that is sufficient is a broader and more challenging question.

Panelists also spoke of the obstacles they face encouraging lawyers to apply for a judgeship. For instance, Cole said that there is a shortage of private lawyer applicants, which is likely related to the pay cut that an experienced law firm partner would see if she applied.

Chief Justice Berch added that she has reached out to former law students who are minority to encourage their application. But they have responded, “You don’t get it.” Many of them may be the first child in their family to attend college, let alone law school. Now that they have reached a pinnacle of law firm partnership, the sacrifice to become a judge may be just too great.

“We may put too much on their shoulders,” she said. “And that can be unfair.”

Here are some more photos from the event (they also may be found on the Arizona Attorney Magazine Facebook page.)

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Constitution Seminar Tomorrow

Today I bring you a nearly-last-minute reminder about a great event where you may listen, learn and mingle. Best of all, it includes a terrific panel of people who are coming to town to talk to you about the U.S. Constitution.

I wrote about tomorrow’s event before, but one or two of you may have missed it, so click here for more information (and some great photos of the panelists).

And you really do need to click here to register for the seminar. Go ahead; I’ll wait.

Please, PLEASE, don’t tell me “It’s way out in Peoria.” That is a wee bit annoying, for a few reasons. First of all, many people (including Bar members) live in or around Peoria. As our Founders would say, those people are pursuing their own version of happiness, and they don’t need anyone to tell them otherwise.

Cookies may be present tomorrow, but no promises.

There is another reason that comes to mind for why complaining about a little drive to your CLE is weak sauce. Let’s see: The Hohokam built the canals, probably with their own hands. (Cue the violins.) The pioneers lived in dusty shacks that let in the heat and the cold when neither was welcome. (Enter bass drum.) The state’s industrialists and laborers both did their part to carve the sixth-largest metropolitan area out of rock and worse. (Crescendo.)

And we? We must drive an extra 10 minutes in our air-conditioned vehicles to hear wise people speak on stimulating topics, and where lunch and cookies will be served.

(OK, I am totally guessing on the cookies part, but roll with me.)

In summary: You could attend for yourself and the pleasure and knowledge it will give you. Or you can attend for the Hohokam.

Your choice. See you tomorrow.

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