Westin 3 Westin La Paloma Resort in TucsonHere is the last in a series of posts that lets Convention seminar chairs speak for themselves. 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 this afternoon, Friday, June 13. (Note: Not all seminar chairs responded.) Click on the seminar title to read more detail as published in the Convention brochure.

Friday, June 13, 2:00 pm

F-38: Mr. Smith Goes to Tucson

Co-chair: Alan Baskin

Who should attend this seminar?

Alan Baskin

Alan Baskin

Anyone who is interested in business, securities law, current events, and/or the impact and application of or potential changes to the JOBS Act.

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

Attendees will hear from Congressman David Schweikert, one of the primary authors of the JOBS Act.  What better way to learn?

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?)

Yes.  The seminar involves the practical application of recent and important legislation. A fabulous opportunity to see if the Act has turned out as expected, learn of any unexpected pitfalls, and hear about what changes may be coming.

Friday, June 13, 2:00 pm

F-40: Embracing the Future of Construction

Chair: Rick Erickson

Who should attend this seminar?

Attorneys interested in construction design, financing, planning, development, administration and project delivery should attend this seminar.  In addition, attorneys should attend if they have an interest in construction industry claims, including litigation of lien disputes, breach of contract, design and construction defects, project delays and licensing complaints against contractors.

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

Rick Erickson

Rick Erickson

Lawyers will better understand how builders and developers achieve success in Arizona and how they rely on their attorneys to succeed.

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?)

The seminar will focus on some of the most recognized projects in Arizona, including Intel Fab 42 in Chandler, University of Arizona Behavioral Sciences in Phoenix, Beal Derkenne’s student towers at UofA and ASU, Caliente’s work on Chase Field and numerous other buildings and Baker Concrete’s role in major projects for Target and other private developers.

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

The most common misconception is that lawyers think they know what construction clients really want.  This seminar offers an opportunity to learn how to avoid giving construction clients what they don’t want.

 

2014 State Bar of Arizona Convention brochure cover hires_optHere is another post that lets Convention seminar chairs speak for themselves. 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?

Last evening, I shared the responses of those whose seminars are calendared for the morning of 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 Thursday afternoon programs.

Thursday, June 12, 2:00 pm

T-24: What Every Lawyer Should Know About the Client Protection Fund

Chair: Chas Wirken, Gust Rosenfeld

Who should attend this seminar?

Chas Wirken

Chas Wirken

Lawyers who represent individuals.

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

A reminder that the Client Protection Fund is available to reimburse clients harmed by dishonest lawyers.

How is this seminar timely?

It will start and end on time. Seriously, dishonest lawyers are victimizing clients more often.

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

Which claimants and what claims are eligible for reimbursement.

Thursday, June 12, 2:00 pm

T-25: Go Green. Save Green.

Chair: Sharon W. Ng,Stinson Leonard Street LLP

Who should attend this seminar?

Sharon Ng

Sharon Ng

Any individual will find this seminar rewarding who is (i) interested in learning how to make his or her workplace more environmentally-friendly and/or (ii) would like to hear both non-lawyers and lawyers engage in a discussion regarding his or her respective sustainability efforts.

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

The participant will gain valuable insight on how to integrate sustainability into his or her practice and the cost-saving benefits of the same.

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?)

Not only will the participant learn how to weave sustainability into his or her practice, but the suggestions the seminar will address will also touch upon a more mobile and less-paper reliant practice, which is becoming more common in the legal world.

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

Sustainability does not require significant changes to a lawyer’s practice; it’s accessible and worth it.

Thursday, June 12, 2:00 pm

T-27: Elder Law and Special Needs Planning; Post-DOMA Planning

Co-Chair: Mark Theut, Theut, Theut & Theut PC

Who should attend this seminar?

Estate planners, attorneys who represent guardians and/or conservators and/or fiduciaries, attorneys who probate estates, fiduciaries and paralegals.

How is this seminar timely?

1. It will raise issues in estate planning under the Defense of Marriage Act (DOMA) such as who are the intestate heirs, who has priority to act as guardian/conservator for a partner or minor child, etc.  2.  The seminar will demonstrate how to effectively use mediation in probate and mental health cases, 3. Issues will also be covered related to the Affordable Care Act in estate planning, including the drafting of special needs trusts as well as the handling of guardianship and conservatorship cases and planning for small business owners, and 4.  There will also be a presentation regarding the ethical issues in the practice of estate planning, elder law and probate and liability concerns when representing fiduciaries as trustees, personal representatives, guardians, and conservators, and the steps to take by a practitioner confronted by claims of malpractice.

Thursday, June 12, 2:00 pm

T-28: Unauthorized Practice of Law in Arizona

Response by: Frankie Adamo

Who should attend this seminar?

Frank Adamo

Frank Adamo

All members of the State Bar should attend, because they probably encounter UPL practitioners but either tolerate interacting with them or are unaware of the harm or of how to report it.

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

The distinction between the authority of non-lawyers and out-of-state lawyers to legally provide services, on the one hand, and the harm to the public and the profession that comes from unauthorized practitioners.

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?)

Nationally, aggressive efforts are underway to allow non-lawyers to provide many of the services typically reserved for lawyers.  We need well-informed members to participate meaningfully in this dialogue, to ensure that protections for the public are in place, and that the services that should be reserved for licensed members are safeguarded.

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

That, being licensed, they do not need to know about UPL. “That must be someone else’s problem.”

2014 State Bar of Arizona Convention brochure cover hires_optIn 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.

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

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

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.

ASU Lincoln Ethics Symposium 2013

Here is some news about a symposium that would certainly be worth your time: On November 12, Arizona State University’s Lincoln Center for Applied Ethics holds an event that asks, “Are We Smart Enough to Save Ourselves? Are We Kind Enough to Save Each Other?”

“Hundreds of students and community members will question their collective conscience about timely and troubling human rights and sustainability issues during Arizona State University’s 4th Annual Lincoln Ethics Symposium. This year’s popular forum is scheduled 9 a.m. to noon November 12 on the Tempe campus.”

“‘The real take-home of the symposium is that ethical issues are challenging but also fun to engage,’ said Professor Jason Robert, interim director of ASU’s Lincoln Center for Applied Ethics. ‘And there are no easy answers no matter how simple the questions might appear.’”

ASU Lincoln Center logo“According to Robert, the Lincoln Ethics Symposium inherits its topics annually from the high-profile summer education series at Chautauqua Institution. Chautauqua is a not-for-profit community in southwestern New York dedicated to exploring the best in human values and the enrichment of life.”

“‘Every summer, a group of Lincoln professors and fellows spend a week at Chautauqua engaged in a series of conversations,’ Robert said. ‘Last year, we looked at the ethics of cheating, while this year, we had the opportunity to explore markets and morals through the lens of human rights and sustainability. Next year, our focus will be the ethics of privacy.’”

“Designed for students and the community, the 4th Annual Lincoln Ethics Symposium at ASU is free and open to the public with limited seating in Memorial Union’s Ventana Ballroom. Interested persons should contact Programs Director Kelly O’Brien at KellyOBrien@asu.edu with questions and to confirm attendance. Information about the Lincoln Center is available here.

More information about the free 9-to-noon event is here.

State Bar of Arizona CEO John Phelps, interviewed by CBS5 regarding a free seminar on protecting yourself against workplace violence in the legal profession.

State Bar of Arizona CEO John Phelps, interviewed by CBS5 regarding a free seminar on protecting yourself against workplace violence in the legal profession.

How substantial is violence in the legal profession? And how much is security at the top of lawyers’ minds?

“Very” appears to be the answer to both questions. That is based a recent survey that sought the views of Arizona attorneys.

In the November issue of Arizona Attorney Magazine, we will publish an article by Steve Kelson, a lawyer and the survey’s organizer. I am reading a draft of the article now, and violence and the threat of it are more pronounced in the profession than I would have supposed.

As attorneys struggle with those concerns, the State Bar of Arizona decided to confront the issue head-on. Besides the survey publication next month, the Bar is offering a free seminar tomorrow that you may want to attend. It’s called “Expecting the Unexpected: How to Prepare You and Your Staff for Violence in the Workplace.”

It will occur at noon tomorrow (Tuesday, August 20). You can view the program live at the Bar office in Phoenix, simulcast in the Tucson Bar office, or via livestream from wherever you are.

Before I give the details, you may also want to watch a brief news story that describes the risks and in which Bar CEO John Phelps is interviewed.

The news story also points out that the seminar has been opened up to attendees nationwide; as of the story’s airing, there were 375 registrants (and that includes far more people, as many law offices have registered as an entity and will gather many staff for the viewing).

Here is the detail you need about the free seminar.

Workplace violence happens.

How will you respond?

Lawyers, judges and public figures are at increased risk for workplace violence. Knowing how to respond is a necessity in today’s world. Join the State Bar of Arizona and InReach, a leading provider of online continuing education management solutions, for a free seminar designed to promote personal safety and create a safer work environment. 

During this program, you will hear from:

  • a police sergeant trained to counteract shooters and apprehend violent offenders,
  • a former police officer turned litigator,
  • a lawyer experienced in disaster preparation and
  • a psychologist who is an  expert in situational awareness.

SEMINAR CHAIRS:

FACULTY:

  • Sgt. Phil Brailsford, City of Mesa Police Department
  • Amy D. Paul, Psy.DCrisis Preparation and Recovery, Inc.
  • John Phelps, CEO/Executive Director, State Bar of Arizona

WHEN: Tuesday, August 20, 2013, Noon to 1:15 p.m.

LIVE SEMINAR: McAuliffe CLE Center, State Bar of Arizona, 4201 N. 24th Street, Phoenix

TUCSON SIMULCAST: Southern Regional Office, 270 N. Church Ave., Tucson

WEBCAST: Live streamed to your office or home computer

This seminar is a member service and does not qualify for MCLE credit.