Steve Hirsch of @quarlesandbrady @AZStateBar honored by Morris Institute

Steve Hirsch (photo: Quarles & Brady)

Today, I offer congratulations to lawyer and leader Steve Hirsch, who will be honored by the William E. Morris Institute this evening, Thursday, Oct. 20.

Steve is a longtime member of the State Bar Board of Governors—and a genuinely nice guy.

Tonight’s event is from 5:30 to 7:30 pm at the University Club, 39 E. Monte Vista Road, Phoenix. The RSVP period is officially closed, but more information may be available from the Institute’s Ellen Katz at eskatz@qwestoffice.net or call 602-252-3432. I’m sure Ellen is swamped with details today, so don’t tell her I urged you to call!

Steve recently was also honored with his induction into the Maricopa County Bar Association Hall of Fame—another remarkable achievement.

And if you do find some way to attend tonight’s Morris Institute event, it’s worth noting that the Institute qualifies for the qualifying charitable organization tax credit. This year the tax credit limits increase to $400 for an individual and $800 for a married couple. Support like that is the kind of leadership Steve would appreciate.

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Phoenix office of @quarlesandbrady volunteers time at Capitol School fall celebration

Quarles & Brady folks at Capitol School, Oct. 30, 2015.

News from the Phoenix office of Quarles & Brady:

On Friday, Oct. 30, nearly two dozen members of Quarles & Brady’s Phoenix office joined together to volunteer their time as “homeroom parents” at the Capitol School’s annual Fall Celebration. This was the first of three events during the 2015–2016 school year in which attorneys and staff will volunteer their team to the Capitol School, just west of downtown Phoenix, providing both treats and interactive activities to engage students from Kindergarten to sixth grade.

“Capitol Elementary School strives to create a healthy learning environment where students are given a quality education that includes the knowledge, skills, and attitudes necessary to become lifelong learners and responsible citizens—we respect that and want to do everything we can to help,” said Scott Jenkins, a partner in the Phoenix office who even brought his own children to volunteer with the team. “In addition to rolling up our sleeves with the kids, the firm also fundraises to support and put on special school events, including field trips to Boston and Washington, D.C.”

According to Jenkins, partnership between Quarles & Brady and the Capitol School dates back a quarter century.

“In 1990, Quarles & Brady set out to find a community project that would provide sustainable, ongoing volunteerism to bring their firm members together with purpose beyond business,” said Jenkins. “With so many parents and grandparents working at the firm, focusing on children and education was a priority.”

While the Capitol School program kicked off with the attorneys and staff putting on homeroom class parties, the partnership quickly evolved into one that included reading and writing assistance, mentorship, fundraising, financial support to students’ families when in crisis, and even a donation to help remodel the school’s media center.

This effort is one of many the local office takes part in through its Quarles Cares community relations program, which is focused on connecting directly with local communities to understand the residents’ needs. Through the volunteer initiatives, attorneys and staff commit themselves personally to civic and charitable efforts, and their personal growth is reflected in the workplace. More information is here.

Tile mural dedicated by Capitol School to Quarles & Brady.

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Lawyer at @QuarlesandBrady the 1st in Arizona admitted under military-spouse rule

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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Amid opposition, Alberto Gonzales to speak at Phoenix @CHCI event

Former U.S. Alberto Gonzales

A Wednesday event brings a figure of international renown to Phoenix—and with it, a pointed voice of opposition.

At the Sandra Day O’Connor Federal Courthouse, former United States Attorney General Alberto Gonzales will speak at a Congressional Hispanic Caucus Institute event. The keynote speaker has been involved in controversial legal matters, and it appears the local Caucus representative and Phoenix chapter president of the CHCI Alumni Association, attorney Juan Rocha, is prepared to address a number of those issues, as he wrote to me, “In so many words, I plan to ask him questions about national security, executive power, et cetera—which are highly relevant today.”

You can read more about the event here.

As the Caucus Facebook page describes the speaker:

“Attorney General Gonzales is the first Hispanic to be named United States Attorney General. From 2005 to 2007, he served as Attorney General Under President George W. Bush. Before his appointment as the country’s top lawyer, Attorney General Gonzales led the White House Office of Legal Counsel. Prior to serving in the White House, he was a partner at the international law firm of Vinson and Elkins, in Houston, Texas, and later served as a Texas Supreme Court Justice. Attorney General Gonzales will discuss national security, executive power, and Latinos in the legal profession, among other topics.”

To recall a few of the reasons that General Gonzales is a controversial choice, you might read this or many articles on his tenure.

Soon after getting the event notice, I was copied on a letter of complaint from attorney Chris Ford, on behalf of the Executive Committee of the Central Arizona Chapter of the National Lawyers Guild. It opens:

“I write on behalf of the Executive Committee of the Central Arizona Chapter of the National Lawyers Guild, which urges you to withdraw your invitation to Alberto Gonzales to speak at your event scheduled for February 26, 2014 in Phoenix, Arizona, ‘A Conversation with former US Attorney General Alberto Gonzales.’ Alberto Gonzales presided over a truly shameful period at the Justice Department, employing contrived legal positions to justify the use of torture on wartime captives; expansion of secret overseas prisons where torture was carried out; and domestic surveillance that since his tenure has mushroomed to truly astonishing, police-state proportions.¹ Moreover, Gonzales resigned in disgrace in 2007, leaving behind a Justice Department whose mission was blurred by partisan politics.² As further explained below, Alberto Gonzales is not a legitimate choice for speaker at an event put on by a group whose trademarked slogan is ‘Developing the Next Generation of Latino Leaders.’”

“Gonzales was a primary architect of what history likely will record as the U.S. Government’s worst and most destructive foreign policy failure: the abandonment of the Geneva Convention on Prisoners of War and the resort to torture of prisoners in blatant violation of that Convention and of international law.³”

__

¹ See, e.g. Dan Eggen and Michael A. Fletcher, Embattled Gonzales Resigns, Washington Post, Aug. 27, 2007, at http://www.washingtonpost.com/wpdyn/content/article/2007/08/27/AR2007082700372.html; Aaron Sankin, Daniel Ellsberg On NSA Spying: ‘We’re A Turnkey Away From A Police State,’ The Huffington Post, June 12, 2013, at http://www.huffingtonpost.com/2013/06/12/daniel-ellsberg-nsa-spying_n_3429694.html (“foundation has been set” for police state; “It could happen overnight”).

² Dan Eggen and Michael A. Fletcher, supra note 1; Steven Lee Myers and Philip Shenon, Embattled Attorney General Resigns, New York Times, August 27, 2007, at http://www.washingtonpost.com/wp-dyn/content/article/2007/08/27/AR2007082700372.html.

³ Dan Eggen and Michael A. Fletcher, supra note 1; Alberto R. Gonzales, Memorandum to the President, January 25, 2002, at http://www2.gwu.edu/~nsarchiv/NSAEBB/NSAEBB127/02.01.25.pdf.

(I have pasted in below images of the five-page letter.)

I contacted the Caucus in Washington, seeking their response to this letter of opposition. Spokesman Scott Gunderson Rosa pointed me to a letter of response sent by Juan Rocha. Here is the text of his complete letter (I’ve also pasted in an image of it below):

“On behalf of the Congressional Hispanic Caucus Institute (CHCI) and the CHCI Alumni Association (CHCI-AA) of Phoenix, AZ Alumni Chapter, we appreciate your concerns about our event with former Attorney General Alberto Gonzales.”

“Though we understand your opposition to Mr. Gonzales and his tenure as U.S. Attorney General; however, CHCl is nevertheless committed to the open discussion and dialogue of ideas and opinions. Just last year, we hosted author and writer, Junot Diaz, who won a Pulitzer Prize for his stories on multiculturalism. Indeed, our lecture series is meant to stimulate thought and discussion, regardless of the speaker. Moreover, CHCI, as you know, is a non-partisan 501(c)(3) organization; as such, our sponsoring this event is in no way an endorsement of the views, opinions, or ideas of our guest speakers, nor by hosting this event is it our attempt to influence public opinion, public policy, or the law.”

“We invite you to attend this event, where you will have the opportunity to ask Mr. Gonzales his views about the issues raised in your letter.”

“Finally, if you’re interested in co-sponsoring an event with us in the future, please let us know; we would be delighted to work with you.”

Two other local organizations are involved with the event in various ways.

Los Abogados, the Hispanic bar association, was approached by organizers and asked whether they would co-sponsor the event. Los Abogados President Ed Maldonado confirmed his board’s decision: “Our board voted to not officially participate in this particular event.”

Ed added, “Everyone is entitled to their own opinion. We respect the NLG’s comment on Gonzales’ appearance in our state.”

I asked Ed if Los Abogados’ decision to decline was based on the financial amount, or on a concern about the keynote speaker who had been invited. He responded, “Unfortunately I can’t comment any further without getting into the discussion of our board, and I cannot do that. We voted not to officially sponsor the event. We also did not join in or sign onto any letters. So the only official position I can comment on is what has been stated already.”

Meanwhile, Quarles & Brady issued a press release stating that it would be a sponsor of the Caucus’s lecture series. The February 19 release opens, “The national law firm of Quarles & Brady LLP today announced that it will be a sponsor of the Phoenix Alumni Chapter’s Congressional Hispanic Caucus Institute lecture series this month. Labor & Employment Group associate Marian M. Zapata-Rossa will present the opening remarks and introduce the guest speaker, former U.S. Attorney General Alberto Gonzales.”

The complete press release is here.

Curious if the controversy troubled Quarles, I asked law firm leaders if they had a comment. Here are the February 23 remarks I received from the firm. Phoenix office managing partner Nicole France Stanton wrote:

Nicole France Stanton, managing partner, Quarles & Brady Phoenix office

“At Quarles & Brady, diversity is a part of our mission. For more than two decades, the firm has been committed to an aggressive agenda designed to promote and achieve diversity at all levels, which includes sponsoring diverse groups, speakers and topics such as the Congressional Hispanic Caucus Institute (“CHCI”) lecture series this month featuring the former U.S. Attorney General Alberto Gonzales as its guest speaker. In addition,  we are also engaged in several  ongoing initiatives that advance the firm’s diversity goal of greater inclusion, understanding, respect and opportunity including our Women in Leadership Program,  Attorney Recruiting, Retention and Promotion (Minority Scholarships and Internships, Tribal Law Summer Associate program) and Family-Friendly Policies (including LGBT Domestic Partner Benefits).”

“We are proud to have a founding member of the CHCI Phoenix Alumni Chapter as part of our team at Quarles & Brady, and are explicitly supporting diversity through this sponsorship.”

“We will welcome an extraordinarily diverse group to the program this week, including local leaders and attorneys, members of the Arizona Latino Caucus, the CHCI Phoenix Alumni Chapter, and Arizona District Court Judges.”

If you are planning to attend Wednesday’s event (and are not affiliated with any of the organizations or sponsors) and would like to write a guest blog post following up on his remarks, please contact me at arizona.attorney@azbar.org.

And here are the letters of oppition and the response letter (click to enlarge).

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Lawyers may have imagination, but they may not understand process

Yes, I found the Scrabble tile in the street. The “I” just spoke to me.

Last week, I promised a conversation about strategy as it relates to law practice. Here we are.

You rarely hear magazines singing the praises of other magazines. I suppose that would be a little like a law firm crowing about the terrific work another law firm does.

Despite that, I have to mention an article I read in Law Practice Magazine the other day. And the fact that it was written by an old friend of mine is immaterial.

LPM, in case you don’t know, is a publication of the American Bar Association. It typically has good content. Their July/August issue caught my eye right away, though, for a few reasons.

The first is that they had the good sense to put Richard Susskind on the cover. Any magazine (for lawyers) that has the good fortune to publish the legal futurist Susskind had better have the sense to put him front and center. And so kudos for that.

The second thing that caught my eye? It’s their “Big Ideas Issue.” Their inaugural Big Ideas Issue, in fact.

Well, I’ll be.

Let me tell you how I know that’s a great idea. We did the same thing in Arizona Attorney Magazine, way back in September 2010.

We loved the content (well, I did, anyway). But ultimately we decided we were in the Ideas business every month, so restricting the concept of Ideas (or the idea of Concepts) to a single month seemed self-defeating.

But now that I see how well LPM has done with the theme, I may steal borrow it back.

In any case, back to that article I enjoyed so much.

Attorney Mike Ostermeyer would like to see more strategic thinking in BigLaw.

It’s titled “A Big Idea for Biglaw? Just One Word: Strategy.” The title’s a bit cumbersome, but there’s gold in them thar hills.

The author is a BigLaw partner himself. Mike Ostermeyer works in the Milwaukee office of Quarles & Brady.

(He and I were in English graduate school together at Notre Dame back in the ‘80s. He then realized law was his future before I did. The best-dressed we ever were together was when I was a groomsman in his wedding.)

From his Midwestern perch, Ostermeyer offers a hard look at some of the central challenges facing big law firms today. His writing is good, but his prognosis is not rosy.

His article’s foundation begins with a seminal definition:

“What is strategy? For Michael Porter—the Harvard Business School professor who largely created the field, and who today remains its most prominent figure—strategy is the purposeful definition of differences. Indeed, for nearly 20 years since his seminal article ‘What Is Strategy?’ appeared in a 1996 issue of the Harvard Business Review, Porter has consistently emphasized that strategy is about only one thing: fundamental difference.”

Definition set, Ostermeyer then asks and answers a compelling question: “Why is strategy so hard for BigLaw?”

If that seems ouch-worthy, you should read his entire article here.

Among the lessons he imparts, he tells a story that is worth reprinting in full:

“Many years ago, on my very first day as law clerk to a federal judge, my judge told my highly impressionable 27-year-old self: ‘You’re a professional now, and the best thing about being a professional is’—and here he paused for effect—‘that you’ll know what you have to do, but nobody will ever tell you how you have to do it.’ Now, you may fairly disagree over whether that approach suits partners in a business organization—even if that organization is a professional services firm. What you cannot argue, though, is that strategy simply doesn’t work that way. Rather, it rises or falls on what strategists call “fit”—as Bamford and West define it, ‘tight coordination and internal consistency of action across the company.’ Without fit, strategy fails.”

That was an aha moment for me. Reading Mike’s story, I recalled a compelling New Yorker article I read last fall. It was written by Atul Gawande and was titled “Big Med.” His question was, What can medicine learn from the Cheesecake Factory? (you read that right)

Yes, we’re always on the hunt for great ideas, too.

Gawande’s point was not that medicine should be rote—neither is the restaurant, he found. But he was struck at the amazing variety of approaches medical professionals take to complete often routine care and procedures. Lost amidst the sense among doctors that “We are professionals and cannot be told there is one best procedure” is the fact that there may actually be one best procedure for many ailments. But the pros refuse to be streamlined into a consensus.

And that’s what Ostermeyer was told by his federal judge. But whereas Gawande bemoaned it, the judge—and most lawyers—revel in their individuality, even when it comes to techniques easily unified.

Gawande spoke with many doctors, finally finding one who understood the value of a best way whenever possible. That doctor said:

“‘Customization should be five per cent, not ninety-five per cent, of what we do,’ he told me. A few years ago, he gathered a group of people from every specialty involved—surgery, anesthesia, nursing, physical therapy—to formulate a single default way of doing knee replacements. They examined every detail, arguing their way through their past experiences and whatever evidence they could find. Essentially, they did what [the Cheesecake Factory] considered the obvious thing to do: they studied what the best people were doing, figured out how to standardize it, and then tried to get everyone to follow suit.”

That may be tough medicine for lawyers. But as revenues are driven down by international competition by lawyers and non-lawyers, streamlining wherever possible may be part of a success story. After all, law may not be a commodity; but some of the tasks lawyers perform are exactly how we define commodity.

Here in Arizona, is there a big-firm partner who is similarly willing take to a steely look at the profession as it is (rather than as we wish it were)? If so, I’d love to talk with you. Perhaps there should be a magazine column in your future.

Write to me at arizona.attorney@azbar.org.

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