INSIDE... n Access to records SEPTEMBER 2013 changing in criminal Volume 32, Number 9 and juvenile cases–p. 3 n Pictures from the MCBF Curling Fundraiser–p. 6 n Membership perks and www.maricopabar.org benefits–p. 9 Where The Legal Community Connects Board of 12 inductees selected for 2013 Hall of Fame Congratulations to the twelve exemplary Selection Committee are Hon. Glenn Da- Patrick J. McGroder III, Hon. Cecil Patter- lawyers and judges who have been inducted vis, (committee chair), Chief Justice Rebecca son, Ed Hendricks, Sr., Hon. Robert Myers, Directors filing into the Maricopa County Bar Hall of Fame. White Berch, Tom Henze, Roxanne Bacon, Gary Stuart, Paul Eckstein, Kenneth Sherk, Eight were chosen for the modern era and Hon. Louis Araneta, Hon. Ann Scott Tim- Mark Harrison, Michael Kennedy, Chief deadline is four were selected into the pioneer era, for mer, Richard Segal, John J. Bouma, Chief Jus- Justice Ruth McGregor (Ret.), Hon. James accomplishments occurring before 1964. tice Frank X. Gordon (Ret.), Alan Matheson, McDougall, Joseph E. McGarry, Stan Watts, Sept. 15 For the modern era, we honor Don Larry A. Hammond, Hon. William P. French, Jerry Lewkowitz and David Funkhouser III Bivens, Hon. Robert A. Broomfield, Patri- Hon. Michael Daly Hawkins, Ted Warner, (MCBA President). n cia Gerrich, Hon. Andrew Hurwitz, Lillian Take part in the MCBA’s Johnson, David Rosenbaum, Hon. Michael Ryan and Hon. Roxanne Song Ong. governance by running for a For the pioneer era, we honor Louis seat on the Board of Directors. Chalmers, Edward Kent, Calvin Udall and No signatures or campaign Philip Von Ammon. THE 2013 MCBA ANNUAL MEETING The Hall of Fame was created in 2008 manager needed. If you’re a by the MCBA to recognize the outstand- AND MARICOPA COUNTY HALL OF FAME member in good standing with ing lawyers and judges who are or were true giants of the profession, primarily in Mari- both the State Bar and MCBA, copa County. then send a letter of candidacy, Inductees were selected based on cri- teria which includes: Practiced for at least a 200-word bio and a photo Luncheon 10 years; played prominent and important to us by Sept. 15. If you have roles that have had an impact on the his- Wednesday, Oct. 30, 2013 tory and development of our local bar 11:30 A.M. - 1 P.M. any questions, please email and the legal profession; made significant Executive Director Allen or unique contributions to the law or the HYATT REGENCY PHOENIX administration of justice; and/or demon- Kimbrough at akimbrough@ strated significant leadership, advocacy and INDIVIDUAL TICKET: $50 TABLE OF TEN: $475 maricopabar.org. n accomplishments in service to the commu- nity or the profession. Register online at maricopabar.org or contact Bree Boehlke These 12 inductees will be honored on at (602) 682-8588 or [email protected]. Oct. 30 at the MCBA’s Annual Meeting/ Hall of Fame Luncheon at the Hyatt Re- Registration deadline: Friday, Oct. 25 gency Phoenix. Registration for this event is available now at www.maricopabar.org. PAID Members of the 2013 Hall of Fame PRSRT STD PRSRT Phoenix, AZ U.S. Postage Permit No. 4786 Permit Jennifer Cranston receives Mills Member of the Year award

By Steven Hirsch nual Meeting/Hall of Fame Luncheon are all among the hallmarks of her achievements dur- Former MCBA President and all-around ing more than a decade of continuous service county bar activist Jennifer Cranston is the re- to the MCBA. cipient of the 2013 Robert R. Mills Member Her law practice has three primary areas: of the Year Award. real estate disputes, including condemnation and valuation matters; insurance coverage Cranston, a shareholder at Gallagher and analysis and bad faith litigation; and public util- Kennedy, was cited for going well above and ity regulation. She is as equally at home in the beyond the traditional level of service to the courtroom and Arizona Corporation Com- MCBA as a longtime volunteer, officer and mission hearing rooms as she is prowling the president of both the MCBA and its Young hallways of the MCBA offices. She is an Or- Lawyers Division. As one member of the der of the Coif graduate of the University of selection committee noted, “Jennifer would Arizona James E. Rogers College of Law and Jennifer Cranston probably be the front runner for MCBA earned her undergraduate Bachelor of Arts Member of the Decade, if we had such a degree, summa cum laude, at St. Mary’s Col- and she is a member of the “Forty Under thing.” lege of California. 40” group recognized by The Business Journal Cranston’s collective efforts to reinvigorate Cranston has also been recognized as an in 2010. both the YLD and the association, her un- AV Pre-eminent Lawyer in the Martindale- Her devotion to public service transcends sung years of service on the MCBA Finance Hubbell peer review ratings, a Rising Star in her work for the MCBA. In particular, Cran- Committee, and restoring luster and promi- the eminent domain and insurance coverage nence to the annual Barristers Ball and the An- practice areas by Southwest Super Lawyers, See Jennifer Cranston receives page 14 2 • SEPTEMBER 2013 MARICOPA LAWYER

the Maricopa County Superior Court by the Honorable Norman Davis, Presiding Judge. The panel programs, involving other notable members from our local benches, will include a session on how we, as practi- tioners, can help the members of the bench with their heavy caseload. Another session The Official Publication of the will help you answer the age-old question Maricopa County Bar Association of what to say when you appear at an oral argument and the judge, after informing you that they have read everything, asks if there EDITORIAL BOARD Lessons learned in San Francisco is anything else that you would like to add. Aaron Nash, Chair As with all of our CLE programming, Clerk of the Superior Court’s Office this will be one you won’t want to miss. The John F. Barwell and the Bench/Bar Conference conference will wrap up with an opportunity Polsinelli, PC I am writing this month’s article after hav- be held on October 11, 2013, at the beautiful to mix and mingle with your peers within the Eda Barolli ing just returned from the annual meeting of Hotel Palomar in downtown Phoenix. While bar and on the bench. Look for more details Snell & Wilmer, LLP the National Conference of Bar Presidents we are still working out all the logistics, the about this exciting program on our website Brian E. Cieniawski (NCBP) in San Francisco, Calif. It was great conference will start with a brief State of and future e-blasts. n Bremer Whyte Brown & O’Meara, LLP to meet and mingle with fellow bar presidents Margaret Olek Esler and executives from state and metro bar as- Polsinelli, PC sociations across the country and exchange Jenna Gamble ideas about what’s working and what’s not Maricopa County Attorney’s Office within their respective bar associations. I Tamara Herrera was accompanied by our stalwart Executive Clinical Professor of Law, ASU Sandra Day Director Allen Kimbrough. O’Connor College of Law After two full days of programming, I Amber Pershon am happy to report that we are now back Student Rep – Phoenix School of Law with many fresh ideas about how our bar Meagan Pollnow association can better provide value for Asimou & Associates you, our members. Indeed, some of the Daniel P. Schaack best ideas and discussions were centered on Assistant Attorney General, State of Arizona the future of our bar and our law student Riley S. Snow members. While we have always valued Law Office of Riley S. Snow, PLC our law student members, I hope we can better engage them, especially in this tough Stan Watts Dohrer & Watts, PLC legal market. In turn, I intend to establish a division within the MCBA for just our law students. Other ideas included hiring a 3L, Ex-Officio Members part-time, to assist with peer-to-peer out- Karen Arra reach among law students at our local law Friday, October 11 n 1:30 to 4:30 p.m. Director of Media Relations schools and beyond. As I have learned this Superior Court of Maricopa County year, personal outreach is key to growing our (Reception to Follow) MCBA President membership. David E. Funkhouser III Before turning to the next topic that is Rainmaker Ballroom Quarles & Brady, LLP near and dear to my heart, I would be remiss Hotel Palomar Phoenix MCBA Executive Director without congratulating Allen for just com- Allen W. Kimbrough pleting a very successful term as president of Board Liaison the Metropolitan Bar Caucus (MBC). Allen Two panels of judges (TBA) Comr. Keelan Bodow brings great respect and admiration to our State of the Courts report by Presiding Judge Norman Davis Maricopa County Superior Court local bar association, and we are lucky to have Editor him. Mindy Haskins And, as I mentioned last month, we are For more information coming up on a busy fall as we work to re- Contact Laurie Williams at [email protected] The Maricopa Lawyer is published monthly on kindle the Bench/Bar Conference, which will the first of each month and mailed to members of the Maricopa County Bar Association, 303 E. Palm Lane, Phoenix, AZ 85004-1532. Please send address changes to the MCBA at the above address or to cquinonez@maricopabar. org or (602) 257-4200. The MCBA website is at www.maricopabar.org and pdf copies of past CourtWatch issues are available for viewing. Please send editorial submissions to Isolde Davidson at [email protected]. The editorials and Daniel P. Schaack other views expressed in the Maricopa Lawyer are not necessarily those of the Association, its officers or its members. Advertising rates and in- formation are also available from Karla Durazo Pleading defendant can’t challenge length of sentence at [email protected] or (602) 257-4200. The Arizona Court of Appeals recently a minor under 15, attempted sexual conduct young girls, it is the State’s position that 13 GIVE US YOUR OPINION told prison inmate Sergio F. Gonzales Barrera with a minor, and luring a minor for sexual years flat time, followed by lifetime probation, The Maricopa Lawyer welcomes letters to the that he must keep his word and that the State exploitation. The plea agreement stipulated a is an appropriate sentence.” editors or opinion pieces for publication. of Arizona had kept its own word in connec- sentence of between 13 and 27 years, and that If Barrera was expecting the judge to Letters and opinion pieces should be typed and preferably submitted electronically. Opinion tion with a plea bargain that gave Barrera a the state would recommend 13 years. adopt the prosecutor’s recommendation, pieces are limited to 1,500 words and letters to longer prison sentence than he had expected. The prosecutor recommended a 13-year he was in for a surprise. At the sentencing 700 words, and the editors reserve the right to The court affirmed a lower court’s order re- sentence, although her recommendation ap- reject submissions or condense for clarity, style hearing, the judge told Barrera that she was and space considerations. Letters must be signed jecting Barrera’s attack on his 20-year prison peared less than enthusiastic. She expressed extremely bothered by his conduct, “sitting to verify authorship, but names will be withheld sentence after he pleaded guilty to counts in- to the judge her concern that Barrera was not in this courtroom smirking and rolling your upon request. Authors of opinion pieces will volving sexual conduct with a minor. State v. accepting his responsibility for the crimes. have their names published. Letters and opinion eyes.” She doubted that he had taken respon- pieces should be mailed to: Isolde Davidson, Barrera, No. 2 CA-CR 2013-0164-PR (Ariz. She also asserted that Barrera had shown sibility for his crime and believed that he was editor, Maricopa County Bar Association, App. July 26, 2013). “extremely poor judgment and impulse con- unmoved by the harm that he had caused to 303 E. Palm Lane, Phoenix, AZ 85005-1532. Charges were brought after Barrera lured trol,” while showing “a great deal of thought Phone: (602) 257-4200. the child. With that, the judge sentenced Bar- Fax: (602) 257-0405. a 13-year-old girl to a hotel room for sex. He and planning in targeting his young victim.” rera to 20 years flat time for the sexual-con- Email: [email protected]. agreed to plead guilty to several dangerous Her recommendation concluded: “While it is crimes against children: sexual conduct with known that the Defendant also targeted other See Arizona Court of Appeals denies page 8 MARICOPA LAWYER SEPTEMBER 2013 • 3 Access to records changing in criminal and juvenile cases minute entries in certain adult criminal cases. cases and existing cases will include both cipation (JE), Relinquishment (JI and JR), The Clerk’s Office does not post minute en- newly filed electronic documents as of Sept. Orders of Protection/Injunctions Against tries online in juvenile court cases. 9, 2013 and all previously filed paper docu- Harassment (JP) and Severance (JS). Phase Examples of cases where minute entries ments through Sept. 8, 2013. Signed orders in II also included the scanning and electronic will no longer post online but remain public all juvenile case types will be available only in distribution of orders in all 10 juvenile court records include prostitution, obscenity, and the ECR. To ensure you are seeing the entire case types. The Phase IV implementation will sexual offenses and exploitation. For a list case record, it will be important to check the include the delinquency (JV) case type and is of Clerk’s Office locations with public access ECR at an access terminal in all cases. tentatively planned for Nov. 2013. Phase I was successfully implemented on There are no changes to the confidential- Effective Sept. 1, 2013, the Clerk’s Of- terminals and other ways to get records, visit Oct. 1, 2012 for Title 14 Guardianship (JG) ity of juvenile court records. Information re- fice will no longer post some minute entries clerkofcourt.maricopa.gov/copies.asp. The rule changes have restrictions that cases. Phase II was successfully implemented garding juvenile court records can be found to the Clerk’s minute entry website online on June 3, 2013 for seven case types: Adop- at the Clerk’s website at www.clerkofcourt. (www.courtminutes.maricopa.gov/). The apply to the Court of Appeals and Supreme tion Certification (AC), Adoption (JA), Eman- maricopa.gov. n documents remain public records and can be Court but that do not apply to cases in Su- viewed at the Clerk’s public access terminals, perior Court. For example, attorneys and the but will not be viewable through the minute bench must use a pseudonym for the victims entry website. in documents filed with the court and in deci- Parties and their attorneys with an Elec- sions published by the courts. The adopted tronic Court Record Online account may rules can be viewed online at www.azcourts. COLLECT THOSE JUDGMENTS! gov/Portals/20/2012Rules/120512/ view documents over the Internet in their R120004.pdf. own cases but cannot see other records. Rule changes were adopted that prohibit Juvenile ECR continues Get them out of your files and generate revenue the courts from placing records online in cas- The third phase of the Juvenile Electronic Let an AV Rated Attorney with 24 years of experience handle them for you es where there are victims of certain alleged Court Record (ECR) is scheduled for release crimes. In cases with adult victims, the restric- on Sept. 9, 2013. Phase III is the third of four tions are based on the crimes charged against phases and includes the dependency (JD) case MICHAEL J. FULLER, ESQ. the defendant. The restrictions also apply to type. 3030 North Third Street, Suite 200, Phoenix, Arizona 85012 any case involving a juvenile victim, regard- This phase will include scanning of newly less of the nature of the offense. The rule filed documents in dependency cases. Paper changes will limit the public’s online access to files will no longer be created for new JD 602-241-8599 [email protected] | www.mjfullerlaw.com

Contingency Fee Splitting available in compliance with Ethical Rule 1.5(e) Advertise in the Maricopa Lawyer and reach more than 3,500 attorneys and other legal professionals. (602) 257-4200 Start Here. Go Anywhere. Case note: Close the loop on Paralegal Studies Program at protective orders after litigation Phoenix College

By John F. Barwell court modified the protective order to block Train to become a paralegal in a program the destruction of the transcript because it A recent opinion that offers quality instruction with real world determined the testimony was relevant to the applications. from the Ninth Cir- new litigation. The district court ordered the cuit Court of Ap- transcript into escrow to ensure its preserva- peals is a cautionary • ABA-Approved tion. • Day and evening courses tale for lawyers The Ninth Circuit did not opine as to • Affordable tuition and litigants who whether the transcript could actually be used • Fully accredited rely on protective as evidence in the later proceeding, but the orders to ensure fact that the Ninth Circuit effectively blocked • University transfer options evidence is returned its destruction presents risk to a litigant who • Experienced attorney and paralegal or destroyed post seeks to ensure the otherwise protected instructors litigation. John F. Barwell information remains unavailable after the • Financial aid available for those who qualify Blum v. Merrill underlying litigation ends. • Conveniently located near the downtown Lynch Pierce Fenner & Smith Inc. under- Blum provides an important lesson for legal community scores the importance of follow through lawyers who use protective orders: If a pro- on the conditions of a protective order. In tective order calls for the return or destruc- Call (602) 285-7777 or email Blum, the Ninth Circuit affirmed a district tion of evidence, the protected party must [email protected] court’s order modifying a 2004 protective or- affirmatively ensure the party possessing the der that originally required the destruction of evidence satisfies its obligation to return or Visit us at a deposition transcript at the conclusion of destroy it. www.phoenixcollege.edu/legalstudies litigation. The litigation ended in 2005, but To read the full opinion, see Blum v. Mer- the transcript was never destroyed. Several rill Lynch Pierce Fenner & Smith Inc., 712 years later, in separate litigation involving the 1202 West Thomas Road PC Downtown F.3d 1349 (9th Cir. 2013). n Phoenix, AZ 85013 640 North 1st Avenue MCCCD is an www.phoenixcollege.edu Phoenix, AZ 85003 EEO/AA institution. same party who gave the prior deposition, 602.285.7800 602.223.4051 a new party discovered the transcript and John F. Barwell is an attorney with Polsinelli, PC GO FAR, CLOSE TO HOME. intervened in the previous action to prevent and a member of the Maricopa Lawyer Editorial Chandler-Gilbert Community College • Estrella Mountain Community College • GateWay Community College • Glendale Community College • Maricopa Skill Center • Mesa Community the transcript’s destruction. The district Board. College • Paradise Valley Community College • Phoenix College • Rio Salado College • Scottsdale Community College • South Mountain Community College • SouthWest Skill Center 4 • SEPTEMBER 2013 MARICOPA LAWYER Checking for good writing: Legal Briefs Reverse outlining By Meagan Pollnow whitehouse.gov/the-press-office/2013/08/ First, look at each paragraph in the docu- 01/president-obama-nominates-threeserve- President nominates former O’Connor ment and write down that paragraph’s main clerk to serve on the Ninth Circuit united-states-courts-appeals. point either on a separate piece of paper or in the margin. Most importantly, limit yourself to President Obama has nominated Michelle Ninth Circuit supports Act that would T. Friedland to serve on the United States Court using only a word or short phrase to give the add additional permanent and temporary main point. If you feel you need more words of Appeals for the Ninth Circuit. Friedland was judgeships to the District of Arizona born in Berkeley, Calif., and received her law to capture the essence of the paragraph, this Chief Judge Alex Kozinski of the United fact tells you that the paragraph is too long and degree from Stanford University, graduating States Court of Appeals for the Ninth Circuit likely jumbles too many topics; the paragraph second in her class in 2000. indicated his support for the Federal Judgeship is in need of a rewrite. If you cannot distill Friedland clerked first for Judge David Tatal As a linear, sequential thinker, I was a bit Act of 2013, introduced to the Senate in late the main point of a paragraph, neither can the of the United States Court of Appeals for the taken aback the first time a law student told me July. The bill, based on recommendations of reader. District of Columbia Circuit before clerking for she had never outlined before writing a paper. the Judicial Conference of the United States, Once the main point of each paragraph is Justice Sandra Day O’Connor. She is currently How did she check her organization? How did would create six additional permanent outlined, you can now review the outline for a partner at Munger, Tolles & Olson, LLP. she review her content effectively? Over the judgeships, four new temporary judgeships a number of concerns and rewrite as needed. Also nominated was John B. Owens, years, I found out her experience is quite com- and make one current temporary judgeship As yourself: another partner at Munger Tolles & Olson, mon. Many legal writers do not outline before n Is the paper logically organized? LLP. Owens likewise received his law degree permanent. The Ninth Circuit is the nation’s writing. Writers who do not outline claim they n Are threshold issues presented first? from Stanford University, in 1996. He clerked largest and most active judicial circuit and the never learned how to do it, they have always n Are rules given and explained before they for Justice Ruth Bader Ginsburg and went on circuit’s two courts on the U.S.-Mexico border, been successful writers without outlining, and are applied to a client’s facts? to more than a decade of service as a federal the District of Arizona and the Southern they do not see the value in learning the skill n Is any information missing? prosecutor in California. District of California, rank second and third in now. Outlining has great value, though, and I n Do new topics have a proper introduc- The President also nominated Kansas the nation in the number of new felony filings challenge those writers who have avoided out- tion? Supreme Court Justice Nancy L. Moritz to the per judgeship during the fiscal year. lining to try a technique that fits their writing n Are there repetitious paragraphs or topics United States Court of Appeals for the 10th More information can be found at www.ce9. style better than a pre-writing outline: reverse that can be combined? Circuit. uscourts.gov/absolutenm/articlefiles/603- outlining. In addition, reverse outlining has another More information can be found at www. 2013_Judgeship_Bill.pdf. n Reverse outlining is the process of outlin- important function as an “insurance policy.” A ing what the writer has already written. Simi- newer legal writer can share this reverse outline lar to a pre-writing outline, a reverse outline with a mentor or a senior attorney as a check allows the writer to review both the paper’s before turning in a final project. After all, the organization and its content before the paper goal of outlining is to make sure the writer is finalized. Deborah Bouchoux, in her Aspen delivers what has been promised. And I see Handbook for Legal Writers, sets forth a simple firsthand that outlining (either pre-writing or procedure for reverse outlining. in reverse) pays off. n

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This year, Phoenix has the unique may contact MCBA YLD Past-President, opportunity of hosting the ABA YLD Stefan Palys, at [email protected]. Stefan fall conference. The conference is a joint is the acting Administrative Director of the meeting between the ABA YLD and the American Bar Association’s Young Lawyers ABA Law Practice Management Section and Division and Chair of the Phoenix Host will take place October 10-12, 2013 at the Committee. He will be able to provide you Arizona Biltmore. The conference will of- with any assistance or information you may ficially kickoff with a reception on Thursday need in regard to the fall conference. You evening at 8:30 p.m. However, CLEs will may also go directly to the ABA website at begin earlier in the day. The CLE topics www.americanbar.org/calendar/2013/10/ include, but are not limited to, the following: yld-2013-fall-conference. Get involved in upcoming “Supreme Court 2013: An In-Depth Review of the Practical Implications of the Block- Race Judicata registration open now buster Civil Rights Decisions,” “Anatomy of Prior to the ABA YLD Fall Conference, YLD-sponsored events ADR,” “Introduction to Legal Issues Related the MCBA YLD will host its annual Race Ju- to Bullying,” “Arizona: Civil Rights Frontier” dicata on October 6, 2013 at Kiwanis Park in The ABA YLD comes to Phoenix ment opportunities. As a board member of and “Hot Topics in Native American and Tempe. The race benefits the MCBA YLD My first encounter with the American Bar the MCBA YLD, I have had the opportunity Indigenous Law.” There will also be fun and the Domestic Violence Committee. The Association (ABA) was in law school. Sure, to see the positive impact of the ABA at a lo- social events including a dinner and dance on early registration fee is $25. For more infor- prior to law school, I had heard the abbrevia- cal level. Not only does the ABA publish the Friday night. mation about the race you may go to http:// tion “ABA” thrown about and had a general annual Law Week theme for Law Day (May The registration fee for the conference is beta.active.com/tempe-az/running/race- idea of what and whom it applied to –­ the 1) that the MCBA YLD has implemented $85 for ABA members and $95 for non- judicata-5k-2013, or contact the committee legal profession and lawyers. But, I was igno- for years, but it has also provided gener- members. There are also sponsorship oppor- co-chairs Ben Eid at [email protected] and rant of the ABA’s level of national commu- ous grants to the MCBA YLD’s community tunities in the $500-$1,000 range and speak- Kiernan Curley at kiernan.curley@curley- nity involvement and professional develop- activities throughout the years. ing opportunities. For more information, you allison.com. We hope to see you there! n

Ariz. Supreme Court inadvertent disclosure opinion is logical, methodical

By Thomas K. Irvine Civ.P. 26(b)(5)(B)) and ER 4.4(b), the court back to the trial court. Matters concerning This Arizona Supreme Court Opinion will explains how to deal with a document that a violations of ER 4.4(b) may end up with bar likely be cited in many states as it relies upon The Arizona Su- party alleges was inadvertently produced: charges; such a possibility is not mentioned in Arizona rules that are virtually identical to the preme Court issued its “Together, these provisions emphasize the opinion. Federal Rules Civ.P. and the ethical rules. n. opinion in Lund v. Myers, that a receiving party has a duty to sus- It will be two very expensive years after Thomas K. Irvine is a shareholder with Polsinelli, CV-12-0349-PR, which pend use and disclosure of the allegedly the mistake and actions by the time the trial P.C., and practices in commercial litigation, real estate sets out how disputes privileged documents until the privilege court sorts out what parts of the file need to development and transactions. concerning the use claim has been resolved either through be returned, if any – there could be special of allegedly privileged agreement or court ruling.” actions (interlocutory appeals) taken from the documents that were The court then sets out the process re- trial court’s rulings on remand. inadvertently disclosed quired to resolve the dispute: “We address when a trial court, in decid- Comment should be handled. This The Supreme Court’s approach is logical opinion is important in Thomas K. Irvine ing issues of privilege and waiver, may Get the most review in camera allegedly privileged and methodical; it places the burden on dealing with inadvertent the party who received the inadvertently disclosures. It cites federal and ethical rules documents that were inadvertently disclosed. We hold that before reviewing disclosed documents to make a case to keep in support of its analysis; therefore, it may be any given document that is asserted to have out of your of national interest in states without appellate a particular document, a trial court must first determine that in camera review is been inadvertently disclosed. It is clear that guidance on such issues. providing prompt notice of an inadvertent This opinion is in the context of litiga- necessary to resolve the privilege claim.” The Supreme Court sets out a multi-staged disclosure is key. membership tion (it cites Federal Rule of Civil Procedure The opinion also makes clear that any 26 and Arizona Rule of Civil Procedure procedure to handle these situations. Basically, 1) the party who has received allegedly privi- document subject to an allegation of inadver- Join a section or 26.1), however, it applies to all non-litigation tent disclosure is not to be used in any way, contexts involving inadvertent disclosures of leged documents cannot use the document in any way other than in resolving the privilege e.g., provided to an expert, etc., until the issue division by calling the privileged/confidential documents as well (it of privilege is resolved. Not mentioned in the cites ER 4.4(b)). claim until the claim is resolved (filing in court under seal is permissible), 2) the party receiv- opinion is confidentiality; in the proper case Membership Dept. at Facts ing the documents can assert that any docu- documents that are not privileged may be sub- The state Supreme Court calls the numer- ment is not privileged and does not need to be ject to recovery under a confidentiality theory (602) 257-4200 ous petitioners “Lund” and the numerous returned [this is a document – by document (particularly if the document was not subject real parties in interest “Miller.” Lund was assertion, which seems to give short shrift to to mandatory disclosure). engaged in litigation with Miller. Interve- the related concept of confidentiality – which nor Jennings, Strouss and Salmon (JS&S) the court did not deal with, see E.R. 1.6], 3) had formerly represented Lund; JS&S was the trial judge will then consider the asser- Celebrating eleven years not involved in the Lund/Miller lawsuit. In tions and the responses as to each document response to a subpoena duces tecum issued at issue to determine if in-camera review is in private practice! in 2011, JS&S mistakenly provided its Lund needed. (“Such review may be required if the file to Lund’s opponent, Miller, thinking receiving party makes a factual showing to that it was being provided to Lund’s lawyer. support a reasonable, good faith belief that Lund’s lawyer immediately contacted Miller’s the document is not privileged.”) and 4) con- Leah Pallin-Hill counsel, Burch and Cracchiolo (B&C), to duct the in-camera review if needed. Mediation & Arbitration Services, PLLC ask that the documents be returned. Rather The opinion suggests that a judge not as- than returning the documents, B&C filed a signed to a case perform the review to avoid Former Superior Court Commissioner/Judge Pro tem disclosure statement attaching copies of all the need for recusal. The judge, who in this of the documents in the JS&S file, thus shar- probate case will hear the substantive case, at 97% + settlement rate in over 1500 cases ing the documents with all parties. Lund’s every turn must consider the impact of po- Out of court resolution for civil/family court matters lawyer filed a Motion to Disqualify B&C tential recusal in determining how to handle from continued involvement in the litigation in-camera reviews (this procedural caution will and other motions aimed at having the docu- extend to any in-camera review matter). 2375 E. Camelback Rd., Ste. 600, Phoenix, AZ 85016 ments returned to JS&S. The Supreme Court did not rule on the 602-387-5323 n [email protected] Holding disqualification motion, any substantive claim Citing both Rule 26.1(f)(2) (Federal Rule of privilege or sanctions; all of that was sent www.leahpallinhill.com 6 • SEPTEMBER 2013 MARICOPA LAWYER Maricopa County Bar Foundation curling fundraiser

We had a great turn out at the MCBF sponsored by Roofing Southwest and Pivot Curling Fundraiser at The Ice Den! After Building Services, everyone hit the ice for a munching on some appetizers at happy hour, curling lesson from the Coyotes Curling Club.

The group before they hit the ice Sarah Smith and Fred Fathe sweeping the ice

A curling instructor shows us how it’s done Learning the art of sweeping Kent Berk gives it a shot on the ice

Member of the Year Jennifer Cranston watching how it’s done Enjoying their first curling lesson Race Judicata Come walk, run or stroll your way through the ninth annual Race Judicata 5K, 1-mile walk and Kids’ Dash. Proceeds benefit the Young Lawyers Division and survivors of domestic violence.

WHEN & WHERE Sunday, Oct. 6 n Kiwanis Park, 5500 S. Mill Ave., Tempe. Check-in and registration begins at 6 a.m. 5K race begins at 7 a.m. The 1-mile walk starts at 7:10 a.m. and the Kids’ Dash begins immediately after the 5K race.

ENTRY FEES Early Bird Registration: $25 n Sleep-In (Donation Only): $25 Kids (under 15): $12 (after Sept. 23): $17 n Late registration (after Sept. 23): $30

Every paid entrant receives a goodie bag, a Race Judicata T-shirt, and free food and drink after the race. Please also bring a new toothbrush or tube of toothpaste for donation to local domestic violence shelters. Visit active.com for more info or to register. MARICOPA LAWYER SEPTEMBER 2013 • 7 Bar Exam After Party at Chase Field

We had a great turnout at the bar exam after party at TGI Friday’s Front Row Sports Grill at Chase Field in downtown Phoenix. The MCBA, the Sandra Day O’Connor College of Law, the James E. Rogers College of Law and the Phoenix School of Law sponsored the party.

William Kelhoffer from Phoenix School of Law

The scene at TGI Friday’s Front Row Grill

Nathan Arrowsmith, MCBA Executive Director Allen Kimbrough and Kyle Riggs from ASU MCBA Treasurer T.J. Ryan, President David Funkhouser III and Secretary Kyle Hirsch september 2013 Calendar All events at MCBA Office, unless otherwise specified.

Closed for Labor Day Family Law Section Board meeting 2 17 12 p.m. Young Lawyers Division Board meeting 4 12 p.m. Lawyer Referral Services Board meeting 18 12 p.m. Construction Law Section Board 5 meeting CLE: Factors to Help Make Your Clients 12 p.m. 19 FLP Bullet Proof to Audit Challenge 7:30 a.m. Estate Planning, Probate & Trust Section CLE: Climate Change in the Southwest - 6 Board meeting Recent Developments Chris Kurtzman and Scott Rierer from ASU 7:30 a.m. 11 a.m. Phoenix School of Law CLE: Limited Liability Company MCBA Leadership Council lunch Operating Agreement Drafting Tips 9 12 p.m. 12 p.m. Environmental & Natural Resources MCBA Board of Directors meeting 11 Section Board meeting 4:30 p.m. 12 p.m. 25 Maricopa County Bar Foundation MCBA Executive Committee meeting Board meeting 12 7:30 a.m. 7:30 a.m. CLE: How to Work with Child Arizona Paralegal Conference 2013 Protective Services an Overview for 27 7:30 a.m. Family Law Practitioners 8:30 a.m.

Please watch your MCBA E-News for updated information

about meetings and events. Lucas Larose and Brett Stavin from ASU 8 • SEPTEMBER 2013 MARICOPA LAWYER

Simply a higher standard of broker representation Arizona Court of Appeals denies continued from page 2 Pending Ÿ Residential Grayhawk duct charge, followed by lifetime probation for dermine the enforceability of plea bargains Ÿ Commercial 4786686 the other counts. and harm all parties that use them.” Hence, “a Ÿ Short Sales $535,000 Barrera challenged the sentence as exces- defendant may … waive his right to appeal a sive, asserting that it violated the Cruel and sentence on the ground that its length … ren- Ÿ Probate & Trust Sold! Unusual Punishments Clause of the Eighth ders it cruel and unusual.” Ÿ Private Sales available if Desert Mountain Amendment. He compared his case to State v. Miller noted that Barrera had, in writing, discretion is desired 4472405 Davis, 206 Ariz. 377, 79 P.3d 64 (2003), where ceded “any and all … defenses … to the Court’s $2,310,000 the supreme court invalidated a 52-year flat … imposition of a sentence upon him consis- Lara Chubaty, PLLC Sales Associate, REALTOR® & Attorney sentence given to a young man who had been tent with this Plea Agreement.” The agreement JD (Juris Doctor) CSSN (Certified Short Sale Negotiator) convicted after having voluntary sex with two also warned that the judge was not bound by CPRES (Certified Probate Real Estate Specialist) 7310 N. 16TH ST. #180 post-pubescent teenage girls. the sentence recommendation and could im- PHOENIX, AZ 85020 Writing for the court of appeals, Judge Mi- pose any sentence within the applicable range. chael Miller rejected Barrera’s argument. He not- That was enough for Miller. “The trial Office (480) 525-4042 Cell (480) 502-7875 ed that Barrera, unlike Davis, had pleaded guilty. court [did] impose a sentence consistent with [email protected] Miller concluded that by agreeing to plead guilty, the plea agreement,” he noted. Thus, he con- Barrera had given up his constitutional right to cluded, Barrera was barred from challenging challenge the sentence as excessive. his sentence under the Eighth Amendment. Miller pointed out that a defendant cedes Having held, in effect, that Barrera would certain constitutional rights by pleading guilty, have to keep his word, Miller next held that including the privilege against self-incrimina- the prosecutor had kept her word by recom- tion, the right to a jury trial and the right to mending a 13-year sentence. Barrera asserted confront his accusers. From there, it was not a that the prosecutor had violated the spirit of big step to conclude that Barrera had given up the agreement by making negative statements his Eighth Amendment right as well when he about him and highlighting the views of the agreed to the plea deal. victim’s parents. Miller rejected the notion. He Miller noted that through plea negotiations noted that the prosecutor had not cross-ex- the “state may impose conditions that require amined Barrera’s mitigation witnesses and had the defendant to give up additional rights.” He actually made the agreed-upon recommenda- noted that a defendant may voluntarily sur- tion. He added that the plea agreement did not render any constitutional right, as long as he bar the prosecutor from commenting on Bar- does so knowingly and voluntarily. rera’s conduct. Miller drew on United States v. Bascomb, 451 Joining Miller in upholding the rejection F.3d 1292 (11th Cir. 2006), where the 11th Cir- of Barrera’s petition for postconviction relief cuit had opined that allowing a pleading de- were Chief Judge Joseph Howard and retired fendant to challenge his sentence could “un- Judge J. William Brammer, Jr. n

Available Dates and Profiles now online for Arizona’s Premier ADR attorneys

Kevin AHERN Shawn AIKEN Rebecca ALBRECHT Maureen BEYERS Gary BIRNBAUM Jonathan CONANT David DAMRON Larry FLEISCHMAN Sherman FOGEL PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PRESCOTT PHOENIX TUCSON PHOENIX

Rick FRIEDLANDER Alan GOLDMAN Marc KALISH Jerome LANDAU Michelle LANGAN Mark LASSITER Amy LIEBERMAN Merton MARKS Bruce MEYERSON PHOENIX PHOENIX PHOENIX SCOTTSDALE TUCSON TEMPE SCOTTSDALE PHOENIX PHOENIX

Calendar Icon indicates if this member allows clients to schedule appointments via his/her online calendar

Jeffrey MINKER Daniel NASTRO Barry SCHNEIDER Stephen SCOTT Chris SKELLY Jon TRACHTA Mark ZUKOWSKI TUCSON PHOENIX PHOENIX PHOENIX PHOENIX TUCSON PHOENIX

Visit our free Arizona Chapter site at

Need a top-tier mediator or arbitrator outside of Arizona? Please visit our free national database of 800 premier neutrals at www.NADN.org/directory MARICOPA LAWYER SEPTEMBER 2013 • 9

CONTINUING LEGAL EDUCATION CORPORATE PARTNERS The heart of MCBA membership is an opportunity to engage The MCBA partners with providers that can offer a high value with other attorneys in the local community. One way to do this product or service at a discounted rate to members. is through MCBA CLE programs. If affordable CLE is what you Clio—Practice Management System for Solos and need, we’ve got it -- live, online or in self-study format. Buy the CLE Small Firms “ticket” and save even more. If getting an edge in court matters to Clio is a 100-percent, Web-based legal practice management sys- you, MCBA’s meet-the-judges programs are an invaluable source of tem optimized to meet the needs of sole practitioners and small information. firms. Secure and easy to use, Clio overcomes many of the technical hurdles offered by conventional practice management solutions, al- GET YOUR LOCAL LEGAL NEWS FROM US lowing lawyers to simplify their workflow and focus valuable time n MCBA makes it easy for you to stay in the know about what’s on building their practice. Intuitive in its design, Clio’s clean user going on in your association, in the courts and in your legal interface allows users of any device (Mac, PC, iPad or smartphone) community. What’s in it to access their practice data securely through an encrypted Web n MCBA provides court and local legal news and information browser. Sign up for Clio as a member of MCBA and receive a 10 online at maricopabar.org, in print in the monthly Maricopa percent lifetime discount on Clio, in addition to: a free 30-day trial, Lawyer and weekly in our Friday e-news. for you in free data migrations, and unlimited access to live customer support and training. www.goclio.com/landing/mcbar/ or 1-888-858-CLIO. PROFESSIONAL NETWORKING Insurance Specialists, Inc. (ISI) The MCBA website has been fully redesigned to provide you The MCBA Member Insurance Program could well be one of with the latest updates, news and access to a full array of member 2014? the most valuable benefits of your membership. Insurance Special- benefits, including a new professional networking portal. Log into For every hour you work or volunteer, ists, Inc. provides a broad base of insurance services and significant your new membership profile and contact other legal profession- savings. ISI, as one of the original affinity insurance administra- als. The new website makes it easy to participate in forums, join you can earn more, lean more, connect tors, brings to you over 50 years of experience in providing these groups, write your bio, add photos, upload your resume and much with peers, improve as a leader and programs to bar associations. Members of MCBA are now able to more! access nationwide insurance programs tailored for attorneys. Ap- change the world for the better...* plicants benefit from quality plans featuring simplified underwrit- MCBA give you those opportunities through ing, shortened applications, online sales access, discounted rates and GET INVOLVED personalized service. Member insurance program through ISI offers A great way to boost your legal reputation and credibility is to affordable, quality continuing legal education programs quality options and service. Call 1-888-474-1959 or visit online at become involved in the MCBA’s various divisions, sections and com- www.isi1959.com/MACBA. mittees. Be a CLE speaker, get published in the Maricopa Lawyer or networking with peers across practice areas and firm types at social and business events LawPay Credit Card Processing get elected to the board of Directors. The easiest way to get paid that’s also recommended by over governance activities 60 bar associations. You can accept Visa, MasterCard, Discover & CAREER CENTER support of the local justice system, and Amex while saving up to 24 percent off standard fees. The ben- If employment is an issue, MCBA’s monthly email of local and community service activities efits are that you control your cash flow and increase business, ac- regional job openings can change your life. Or use the Career Center cept credit cards for retainers and avoid commingling client funds. to post your resume and find jobs. *Paraphrase, Ann Oliveri, The Zen of Associations LawPay’s unique processing program correctly separates earned and unearned transactions, keeping your firm compliant. The process is LAWYER REFERRAL SERVICE simple. Begin accepting payments today! 1-866-376-0950 or www. lawpay.com/mcba. Bring in Business—Join the MCBA Lawyer BENEFIT FROM MEMBERSHIP Corporate Office Centers Referral Service IN A SECTION OR DIVISION Sections and Divisions are the key to the full MCBA Whether you need just a receptionist and mailing address to The MCBA Lawyer Referral Service (LRS) is online at http:// experience. Here you meet and learn with like-minded front your virtual office, or a full-blown suite of offices with con- maricopalawyers.org and can help you bring clients in the door. Po- practitioners at social and CLE functions. Plus, you get a ference space, all fully furnished and equipped, Corporate Office tential clients pay a $40 nonrefundable free for a half-hour consulta- discount on any CLE sponsored by your section. Centers (COC) can make it happen fast. COC has six Valley loca- tion with their selected attorney. After that, the attorney’s regular Lawyers under the age of 36 or in practice for less tions, including right across from the courthouse in CityScape. Us- rate applies if both decide to proceed. than 5 years are automatically members of the Young ing COC involves no capital expenditure and flexible or traditional Contact Jennifer Deckert at (602) 257-4200 or jdeckert@maricop- Lawyers Division and lawyers employed by governmen- space within a 24- 36- hour time frame. Be sure to indicate you’re an abar.org with questions or for assistance in signing up. tal entities are automatically members of the Public Law- MCBA member for best rates and service. Cathy Judge (602) 953- yers Division. Individuals in the paralegal/legal assistant 5300 or [email protected]. MCBA-SUPPORTED ORGANIZATIONS dues category are likewise members of the Paralegal Teris The Maricopa County Bar Foundation Division. Teris is a full-service litigation support firm that uses the most The MCBF is the charitable arm of the association. It raises Membership in the Corporate Counsel Division and innovative technologies available. Services include: Electronic dis- funds through the donations of members who give $15 above their all sections are $25 per year. covery, data hosting, forensic collection, legal reprographics, and dues amount each year when renewing their membership, through scanning and imaging. Frank Mancini (602) 241-9333 or fmancini@ the annual BMO Private Bank Pro Bono Golf Classic and various n Bankruptcy teris.com or www.teris.com. other fundraisers throughout the year. Each year, the foundation n Construction Law Brooks Brothers makes grants to a number of worthy law-related organizations. n Corporate Counsel (Division) Enroll for Brooks Brothers corporate membership card and you Volunteer Lawyers Program n Criminal Law save 15 percent on regular and everyday value priced merchandise The Volunteer Lawyers Program is a joint project between the n Employment Law at stores (Scottsdale Fashion Square at Camelback and Scottsdale MCBA and Community Legal Services to provide legal services to roads). Enroll online at: Membership.Brooks-Brothers.com (do n Environmental & Natural Resources Law the indigent in Maricopa County and to recruit attorneys for pro NOT include http:// or www. in front of the website address.) You bono representation. It also serves as a reminder of how lawyers n Estate Planning, Probate & Trust will be prompted to validate your MCBA membership by using the can make a huge difference in the lives of people who would not n Family Law MCBA organization ID and pin code. You may also enroll by tele- otherwise receive legal assistance. n Litigation phone at 1-866-515-4747 during ET business hours. Have the orga- n Personal Injury/Negligence nization ID and pin code ready. MCBA SPECIAL OCCASIONS n Real Estate Doug Reed Professional Liability Insurance Services If you’re a sole practitioner or in a small to mid-sized (up to Annual Meeting/Hall of Fame/Awards Luncheon n Solo & Small Firm 25-member) firm, this agency has insurance to suit. Their goal is Created to honor MCBA and Maricopa County greats. n Technology & Intellectual Property Annually in October. to be a single source for Maricopa County attorneys to obtain high quality malpractice insurance coverage with prices that are reason- Barristers Ball able and sustainable. 8711 E. Pinnacle Peak, Suite F-110, Scottsdale, The legal community’s formal gala each March that benefits a Race Judicata AZ 85255. 480-998-1068 or 800-242-1068. charitable organization. This fun October event is for everyone—including Hertz BMO Private Bank Pro Bono Golf Classic children and dogs, as well as serious runners—and ben- Now you can take advantage of special year-round savings Great golf in November to benefit the Maricopa County Bar efits the community service activities of the Young Law- through the Hertz Member Benefit Program through MCBA. You’ll Foundation and the Volunteer Lawyers Program yers Division. be quoted the best rate for your rental needs at the time of reserva- Arizona Paralegal Conference Law Week tion. For reservations and information, call Hertz’ members-only Paralegals are an active part of the MCBA and this annual Sep- Also a Young Lawyers event, this one is held around toll free number at 1-800-654-2200 and mention your Hertz Dis- tember conference of educational programs, exhibitors, and net- Law Day, May 1 and engages the public with an Ask-a- count CDP# 24454. Present your membership card at the time of working events is the largest of its kind in the state. Lawyer event and student essay contest. rental. 10 • SEPTEMBER 2013 MARICOPA LAWYER INSIDE THE COURTS Judge Mroz and Admin. Evans The Judicial Branch wins NACos receive national achievement award In 2013, the Judicial Branch of Arizona in Court, Karen Westover, Deputy Court Maricopa County was selected as recipients Administrator Judge Rosa Mroz (left) and Probate of six awards from the National Association n Reinventing Probate Court in Maricopa Administrator Elizabeth Evans (right) of Counties. To recognize the creativity and County: Restoring Public Trust, Eliza- accept the Justice Achievement Award at imagination of counties, NACo presents beth Evans, Probate Court Administra- the 2013 National Association for Court a number of awards each year to county tor Management Conference in San Antonio, officials, their employees and the counties n Settlement Conference on Demand, themselves. Below is a list of Judicial Branch Paula Collins, Criminal Court Adminis- Texas. The Justice Achievement Award, programs that won awards: tration NACM’s highest honor, was awarded to n The Adult Probation Department n Stress Management Program for Em- the Probate and Mental Health Depart- Assessment Center, Cynthia Stevens, ployees Exposed to Vicarious Trauma, ment for their dedication to reinventing Division Director, Presentence Investi- Adult Probation probate court and restoring public trust gations, Assessments and Assignments n Veterans Court, Wes Shipley, Director, and confidence in the judiciary. n Maricopa County Regional Homeless Eastern Field Division

Potential clients can be yours with the MCBA Lawyer Refer- Lawyer ral Service. The LRS receives more than 100,000 calls per year from people seeking legal assistance as well as attorneys referring Referral clients outside their practice area. Among the areas needing coverage are: administrative law, SSI-SSD/Medicare law, workers’ Service compensation, and immigration.

Spanish-speaking and West Valley attorneys are especially needed. Needs All net proceeds will go to the Volunteer lawyers program It’s easy to join! Call Jennifer Deckert at (602) 682-8590. You November 2, 2013 The Legacy Golf Resort 6808 S. 32nd Street, Phoenix, AZ 85042 Designed by renowned golf course architect Gary Panks, The Legacy Golf Course’s lush green fairways, forgiving rough, well placed hazards, Neglect and Abuse Cases and manicured greens offer a challenge for golfers of all skill level. Have Substantial Value schedule 6:30 am Vulnerable or incapacitated residents of Registration n Breakfast n Driving range open Nursing Homes, Assisted Living Facilities, 7:00 am and Group Homes for the Developmentally Disabled who are victims of neglect and abuse Shotgun Start followed by lunch, raffle and awards may be entitled to substantial compensation. Registration includes breakfast, green fees, golf carts, range balls, lunch, gift bag Solomon & Relihan has more than a decade of experience litigating these complicated and FOR INFORMATION costly cases and has recovered tens of millions Contact Laurie Williams 602-682-8585 or [email protected] of dollars for our clients.

If you have a client that has suffered injury or death in a residential facility and would like to discuss their case, please call:

Martin J. Solomon DIVORCE, FAMILY LAW, COLLECTION 602-387-3000 Daniel J. Siegel

We welcome referrals and will share fees Arizona State Bar Certified Specialist consistent with ER 1.5. in Family Law

Daniel J. Siegel, P.C. Attorney at Law 1617 E. Pinchot, Phoenix, AZ 85016 602-274-1099 • [email protected] www.ARIZONADIVORCELAWYER.com

1951 West CamelbaCk Road • suite 110 • Phoenix, aRizona 85015 MARICOPA LAWYER SEPTEMBER 2013 • 11 Volunteer Lawyers Program Thanks Attorneys VLP ATTORNEY OF THE MONTH The Volunteer Lawyers Program thanks the following attorneys and firms for agreeing to assist on 23 cases referred by VLP to help low-income families. VLP supports pro bono Volunteer says pro bono work service of attorneys, by screening for financial need and legal merit and provides primary malpractice coverage, donated services from professionals, training, materials, mentors is life changing and consultants. Each attorney receives a certificate from MCBA for a CLE discount. For information about ways to help, please contact Pat Gerrich at VLP at 620-254-4714 or By Peggi Cornelius, everything she owns, including her [email protected]. VLP Programs Coordinator dog! She was sobbing as she told me she was prepared to lose all her meager personal belongings, ADOPTION Thomas Moring William G. Voit “I think our job on this Pak & Moring Lewis and Roca planet is simple: Do good, but couldn’t bear to lose the com- Christina W. Kelly work hard and help others,” panionship of her dog. It’s gratify- Polsinelli, P.C. COURT ADVISORS Mark Williams ing to educate people about their Snell & Wilmer says Cody Jess. “From an early FOR CHILDREN IN age, I wanted to be a lawyer. rights and to intervene if their BANKRUPTCY FAMILY COURT Somehow, I knew lawyers are rights are violated, or to represent Nathan J. Brelsford HOMEOWNERSHIP Joshua P. De La Ossa AND REAL PROPERTY knowledgeable, and knowledge them in no-asset bankruptcy if Piekarski & Brelsford Law Office of is power.” they are in a position to get a fresh Jeffrey B. Molinar The dreams Jess had as a start.” Meredith H. Flori Joshua P. De La Ossa Osborn Maledon Bellah Perez boy have manifested in his Cody Jess Jess has also participated in a life as a lawyer. Jess is clearly collaborative project developed by EMPLoYMENT AND MINOR GUARDIANSHIP Jillian Hindo motivated by a strong work ethic and uses the Law Office of Jillian Hindo CONSULTATION VLP and the U.S. Bankruptcy Court. When Camila Alarcon power of his knowledge in service to others. requested by presiding judges, volunteer attor- Ross M. Mumme Suzanne M. Dohrer Withey Morris Dohrer & Watts, PLC Graciously accepting recognition by the neys and law students serve as Friends of the Law Office of Ross Mat- Ed Johnson Volunteer Lawyers Program (VLP) as “At- Court during the reaffirmation hearings of thew Mumme FAMILY LAW Law Office of Ed Johnson torney of the Month,” Jess reveals that his pro se litigants. In this unique project, Jess has path to graduating summa cum laude with a Randy Nussbaum Ashley Donovan Nancy E. Tribbensee the opportunity to serve the court and men- Nussbaum Gillis & Dinner bachelor’s degree in Interdisciplinary Studies tor students, as well. The Baker Law Firm Arizona Board of Regents and becoming a Pedrick Scholar at the Sandra Donald W. Powell His most recent VLP endeavor began with F. Javier V. Sobampo OTHER MATTERS Day O’Connor College of Law was not a an invitation from volunteer attorney, David Carmichael & Powell The Sobampo Law Firm straight and narrow course. Shawn K. Aiken (3 Cases) Engelman, and coincided with Jess’s service James P. Webster “I dropped out of high school in 11th on the MCBA’s Bankruptcy Section Board of Law Office of James GUARDIANSHIP OF Aiken Schenk Hawkins grade, but was fortunate to have a change & Ricciardi, P.C. Directors. Portman Webster INCAPACITATED ADULTS in perspective within a couple of years. I He explains, “I head up the section’s pro Jonathan G. Brinson fell in with the wrong crowd. When I later bono activities. In 2012, we were consider- CONSUMER TORTS Polsinelli, P.C. attended an alternative high school program ing ways to become more involved in the John P. Ager Neil J. Harrington at Gateway Community College, the support community. Coincidentally, David approached Phillip B. Visnansky Sole Practitioner I received from teachers there changed my Sandweg & Ager Warner Angle Hallam me about creating a clinic that would provide life,” Jess says. more in-depth assistance to VLP clients. At Brian M. Flaherty Jackson & Formanek Life changing support is something Jess his invitation, I joined a committee David Polsinelli, P.C. knows how to give, as well as receive. He chairs to develop the clinic in concert with the recalls his grandfather’s philosophy that “one Phoenix School of Law. So far, we’ve hosted **PRO BONO SPOTLIGHT ON CURRENT NEED** hand washes the other” and expresses his an open house for the legal community, Lawyers and paralegals who speak Spanish are needed to assist low-income families. own belief in paying it forward. After serving recruited volunteer attorneys, and conducted as a judicial extern for the Hon. Randolph J. Haines in the U.S. Bankruptcy Court, District several advice clinics coordinated by VLP and of Arizona, Jess joined the law firm of Schian held at PSL. The clinic has been christened Walker and focused his law practice on busi- the ‘Financial Distress Clinic’ and we’ve classifieds ness bankruptcy and complex commercial begun the process of incorporating it into To place a classified ad, please e-mail [email protected] or call (602) 257-4200. litigation. He uses that expertise and also a course offered by the law school. It’s been Services LEGAL OFFICES FOR RENT – Up to 5 offices with varies his practice with pro bono work he exhilarating.” LEGAL RESEARCH – HIGH QUALITY, thoughtful, 3 secretarial stations available. Near third street undertakes through VLP. In addition to his pro bono work through thorough, 30 years experience & 15 years trial at- and Osborn. Conference room and kitchen facili- VLP, Jess participates in the Kids to Court ties. Rent negotiable. Contact Elna at elna@beer- In 2009, Jess and his colleague, Mark Hud- torney, in Arizona. 480-432-9874 . $20/hour. toone.com. son, attended a CLE offered by VLP for at- program administered by the Phoenix Chap- ter of the Federal Bar Association. EXPERT WITNESSES – Title Insurance and Escrow. OFFICE SHARE (SCOTTSDALE AIRPARK AREA). torneys willing to provide pro bono assistance More than 40 years professional experience. A MUST SEE! – Second story office(s) with beau- to low-income clients with debt concerns. “I’m newly wed to a wonderful woman Founder or co-founder of a number of Title Agen- tiful artwork in reception area. Three attorneys’ “We agreed to conduct telephonic debt who supports all my endeavors and graciously cies. Gregory A. Mihelich, Sr. 602-618-6878 or office(s) with or without secretarial bay included. consultations for VLP clients and have deals with my antics and those of our spoiled- [email protected] Rent includes use of conference room, internet ac- cess, law library and kitchen. Furniture and cov- enjoyed periodically sharing this commit- rotten Brussels Griffon dog,” he quips. Office Space ered parking is available if needed. Easy access to ment since then,” he said. “Nearly everyone On a more serious note, he admits his big- OFFICE SPACE AVAILABLE AT 7TH ST. & THOM- 101 Freeway, full security system, affordable rates I advise wants to pay their debts, but does gest challenge in doing pro bono work is to AS RD. Executive Suites, Virtual Offices and Large and immediate occupancy is available. Call Susan at 602-263-0203 or email mavila@alvarez-gilbert. not have the means to extricate themselves make the time but he adds, “Sometimes the standalone offices. Executive Suites include full com. from excessive indebtedness incurred through most important thing to VLP clients is having service reception, kitchen, conference rooms, someone simply listen to them. I’d tell lawyers copy machine, security system. Large standalone SHARE SPACE WITH ESTABLISHED 30+ AT- misfortune such as divorce, the death of a offices: 1,230 sf, 1,750 sf and 2,252 sf. 777E. TORNEY AV-RATED law firm located in central spouse, job loss or illness. One older woman, considering volunteering that it only takes a Thomas Road 602-722-4251. Phoenix with direct freeway access. Completely in particular, stands out in my memory. She couple of hours to make a tremendous differ- remodeled with high-end finishes, conference lives on her own and a tenacious debt collec- ence in someone’s life, and it also changes the NORTH CENTRAL LUXURY OFFICES with secre- rooms with smart boards/full AV, library with li- n tarial space, smaller offices available. Large and brarian, kitchens, signage, on-site copy/office ser- tor threatened to come to her home and take way people view our profession.” small conference rooms, kitchen, cable, quiet vices. Call Patty (480) 429-3099 street, covered parking. North of Bethany at 714 Position Available East Rose Lane. Call Rick 602-230-2916. US COURTS-9TH CIRCUIT BANKRUPTCY JUDGESHIP – $160,080/year. Recruiting for 2 WE’RE ON FACEBOOK AND TWITTER MESA, 1310 E. SOUTHERN AVE – 6,532 SF of vacancies on the Bankruptcy Court, District of rentable office space available for single tenant Arizona-Phoenix & Tucson. Announcement & ap- lease. 10 private offices with class “A” upgrades plication avlble @ https://judgeship.ce9.uscourts. featuring high-end finishes, custom iron doors and gov or [email protected]. Apps due 5 arched doorways, granite desks and countertops, p.m., 10/17/2013. EOE Travertine flooring, chandeliers, kitchen, confer- For Sale ence room with flat-screen TVs and mini-fridge. 2003 CHAPARRAL SIGNATURE 320 BOAT – Lease beginning June 2014 with or without as-is Twin Volvo 350 V8, 5K Kohler Gen, Central Heat furnishings, full-service copier and/or installed and A/C, Windless, Remote Stereo with Ipod in- telephone system. Visit www.galleryPlazaAz.com put, Sleeps 6, Twin Fridge/Freezer, Helm Wet Bar, There’s a lot going on at the MCBA. Keep us with us by for photos. Please call 602-380-8080 or 602-354- 3 Axil Trailer, 240 Hours. (518) 229-0252 Joe in following our Facebook and Twitter pages. 5066. Phoenix, [email protected] 12 • SEPTEMBER 2013 MARICOPA LAWYER

THREE WAYS TO REGISTER Thursday, Oct. 10 The State Bar of Arizona does not (Breakfast included) Online download printed form phone 7:30 – 9 AM Register online at: Follow directions for online registration. Call Bree approve or accredit CLE www. maricopabar.org. Click on Then, from the program’s online registration at (602) 682-8588 Powers of Appoint- “Calendar of CLE & Events” or on the page, download a print registration form to activities for the Mandatory CLE program listing on the right side mail or fax. ment: The Good, the Continuing Legal Education PROGRAM LOCATION requirement. The activities offered Bad and the Ugly Unless otherwise specified, all programs are held at the Maricopa County Bar Association office at 303 E. Palm Lane, Phoenix 85004. Sponsored by: MCBA Estate Planning, by the MCBA may qualify for the Probate and Trust Section ATTENDANCE POLICIES 1.5 hours CLE credit available Advance Registration Full payment must be received in advance of the program before you are considered registered. indicated number of hours toward Powers of appointment drafted into trusts LATE REGISTRATION All registrations must be paid in full two business days prior to the program date or a late fee of $15 applies. are incredibly powerful, when utilized cor- For example, registrations for a September 17 program must be paid by September 15 in order to avoid the late fee. your annual CLE requirement for rectly. This 1.5-hour program will explore WALK-INS You may register at the door if space is available; the $15 fee will apply. If you do not register at least two business the State Bar of Arizona, including the benefits and pitfalls of powers of ap- days in advance of a program, MCBA cannot guarantee space or availability of materials. pointments, including drafting tips and tax CANCELLATIONS/REFUNDS Refunds, less a $10 fee, will be issued only if the MCBA receives your cancellation, in writing by mail, the indicated hours of professional concerns. This infrequently discussed topic fax at (602) 682-8601, or email [email protected] at least two business days prior to the program. is sure to bring some exciting and thought- responsibility (ethics), NO SHOWS If you registered and paid, but could not attend, you may request that materials be sent to you, free of charge provoking discussion, particularly in an (allow3-4 weeks). If audio media is available, registrations may be converted to a self-study package for an additional if applicable. interactive environment. With breakfast $15 charge. included, how can you go wrong? Presenter: T.J. Ryan, Frazer Ryan Goldberg & Thursday n Sept. 19 Thursday n Sept. 19 Thursday n Sept. 19 Arnold, LLP COST: n MCBA members: $62.50 7:30 – 8:30 AM (Breakfast included) 11 AM – 2 PM (Lunch included) 12 – 1 PM (Lunch included) n MCBA Estate Planning, Probate and Trust members: $55 Factors to Help Make Climate Change in the Limited Liability n MCBA Paralegal & Public Lawyer Division members: $40 Your Clients’ FLP Southwest – Recent Company Operating n MCBA Student members: $10 Bulletproof to Audit Developments Agreement n Non-members: $102.50 Sponsored by: Environmental and Natural Challenge Resources Law Section Drafting Tips 3 hours CLE credit available Sponsored by: Corporate Counsel Friday n October 18 Don’t miss this opportunity to hear from Division Sponsored by: Estate Planning, a noted University of Arizona professor 12 - 1:30 PM (Lunch included) Probate and Trust Section Gregg Garfin, PhD, Deputy Director for 1 hour CLE credit available Science Translation and Outreach, Insti- Social Security Benefits 1.5 hours CLE credit available tute of the Environment at the University The LLC operating agreement defines of Arizona in Climate, Natural Resources the business relationships among the and Claiming Strategies Family Limited Partnerships/LLCs are a and Policy and hear the latest informa- managers and the members, both op- mainstay in every estate planner’s tool- tion in the climate change debate. This erationally and financially. This program for the Family Law box. Our speaker will review “real life” informative presentation on the science will provide you with a guide to drafting Attorney factors, which are necessary to survive of climate change will focus on a recent and reviewing LLC operating agree- ments including: (a) formation and capital Sponsored by: Family Law Section challenge to your discount - or worse - report titled “Assessment of Climate 1.5 hours CLE credit available drawback of the entire gift into the estate. Change in the Southwest United States-A structuring issues, (b) tax issues related to the formation of the LLC and allocation This CLE will focus on the issues family He also will cover “My client’s estate is Report Prepared for the National Climate law attorneys must consider when a client less than $10 million so why do I have to Change Assessment” which is relative to of gain and loss, (c) equity grants to LLC service providers, (d) management and receives or plans to receive social security worry about estate planning? And if it’s the Arizona climate change debate and benefits. This seminar will provide a basic over, what do I do? was edited by Dr. Garfin and others. Be voting rights, (e) restrictions on members including covenants not to compete, (f) explanation of social security benefits prepared to hear comments by envi- and rules, as well as address issues specific Presenter: ronmental attorneys on related climate restrictions on transfers of membership interests, (g) dispute resolution matters, to divorce, including a discussion of the Ira S. Feldman, CPA CVA(ret) AEP change issues and a discussion of Presi- divorced spouse’s benefit and the effects dent Obama’s policy statement recently (h) common exit strategy issues, and (i) special issues for tax-exempt organization of delayed retirement on social security. In COST: n MCBA members: $62.50 released titled “The President’s Climate members. addition, this seminar will identify various n MCBA Estate Planning, Probate Action Plan” (June 2013). claiming and planning strategies that will be and Trust members: $55 Presenter: useful in advising divorcing clients. n MCBA Paralegal & Public Lawyer Presenter: Gregg Garfin, PhD, University of Arizona Jeffrey B. Fugal, Quarles & Brady, LLP PRESENTERS: Division members: $40 professor Nancy Fromm and Cristina Acosta, Co- n MCBA Student members: $10 COST: n MCBA members: $80 n owners, Money Wise n Non-members: $102.50 COST: MCBA members: $45 n MCBA Environmental & Natural n MCBA Corporate Counsel COST: n MCBA members: $62.50 Resources Law Section Division members: $40 n MCBA Family Law Section members: $70 n MCBA Paralegal & Public members: $55 n MCBA Paralegal & Public Lawyer Lawyer Division members: $45 n MCBA Paralegal & Public Lawyer Division members: $60 n MCBA Student members: $10 Division members: $40 n MCBA Student members: $10 n Non-members: $75 n Non-members: $102.50 n Non-members: $130 n MCBA student members: $10

Most CLEs are available for simultaneous webcast or later viewing through West LegalEd at http://tiny.cc/kg4cjw ( icon indicates confirmed webcast) MARICOPA LAWYER SEPTEMBER 2013 • 13

Saturday n October 26 ALL DAY Thursday, September 12 ALL DAY 7:15 AM - 4 PM (Lunch included) 8:30 AM - 5:30 PM (Lunch included) 2013 MCBA Litigation Skills Institute: How to Work with Child Protective Services: Expert Witness An Overview for Family Law Practitioners Sponsored by: Litgation Section. Sponsored by: Family Law Section 7 hours CLE credit available, 1 hour ethics 6 hours CLE credit available

The MCBA Litigation Skills Institute provides litigators with the chance to get TOPICS: real-world trial experience and feedback in an intensive, single-day CLE. The focus of this year’s Litigation Skills Institute is expert witness examinations and A Child Protective Services Case Manager shows up at presentations. Participants will receive a case study and contact information my client’s door. Now what? n A primer for the family law practitioner on the Arizona Child Welfare System for their expert witnesses—who are real experts, not actors. Participants will n The options for services to prevent removal conduct and defend direct and cross examinations of the experts, as well as n Substantiation and its effects on a client make opening statements and closing arguments, before the Institute’s faculty n Why children are removed and the result members, all of whom are current and former Arizona judges and experienced n The Indian Child Welfare Act and its role in removal Arizona litigators. At the end of each trial, the faculty will provide direct, one- on-one feedback to the participants. Obtaining a non-parent custody order—looking at a client’s options The Institute is open to any active Arizona attorney, but it will likely be most n In loco parentis beneficial to litigators who already have some courtroom experience and are n Guardianship eager for a more advanced experience, particularly on expert witness examina- n Dependency tions. The Institute is also designed to be a resource to litigation practice group n A.R.S. §8-807 – How to obtain CPS records leaders who are looking to train their rising litigators in an affordable manner. • Breakdown of the statute In making the pairings for the trials, every effort will be made to try to match • DES policy on release of information attorneys with similarly experienced attorneys. In order to ensure one-on-one • What can you get? What are you never going to get? • A CPS case worker as a witness--what they can say and what they cannot feedback, the program is limited to 28 participants. Dealing with multigenerational families—how to prevent/ faculty: avoid conflicts Hon. Roslyn Silver n Primary goal: Keep the children safe Hon. Mark Aceto n Representing grandparent and parent Hon. David Gass n Who is the client? Hon. Douglas Rayes n Duty of confidentiality and waiver Hon. Brian Rees Hon. Timothy Ryan PRESENTERS: Tony Freeman, Freeman Law, PLLC Laura B. Monte, Donaldson Stewart, PC Andrew B. Turk, Polsinelli, PC Rebecca L. Owen, Rebecca L. Owen, PLL Rick Erickson, Snell & Wilmer Colleen O. Smith, Protective Services Section Unit Chief, Arizona Attorney Foster Robberson, Lewis and Roca, LLP General’s Office Randy Papetti, Lewis and Roca, LLP Wendy Brishke, Deputy Program Manager, Arizona Department of Economic Sharon Shively, Sacks Tierney, P.A. Security, CPS Jeffrey Leonard, Sacks Tierney, P.A. Scott Gibson, Davis Miles McGuire Gardner. PLLC COST: n MCBA members: $180 n Non-members: $275 n MCBA Family Law Section members: $160 COST: n MCBA members: $280 n MCBA Paralegal & Public Lawyer Division members: $120 n Non-members: $385 n MCBA Student members: $10

Bulletin Board Policy If you are an MCBA member and you’ve moved, been promoted, of honors determined by other publications (e.g., Super Lawyers, Best hired an associate, taken on a partner, or received a promotion or Lawyers, etc.). Notices are printed at no cost, must be submitted in award, we’d like to hear from you. Talks, speeches (unless they are of writing, and are subject to editing. Items are printed as space is avail- national stature), CLE presentations and political announcements are able. News releases regarding lawyers who are not MCBA members in not accepted. In addition, the Maricopa Lawyer will not print notices good standing will not be printed.

Most CLEs are available for simultaneous webcast or later viewing through West LegalEd at http://tiny.cc/kg4cjw ( icon indicates confirmed webcast) 14 • SEPTEMBER 2013 MARICOPA LAWYER

The Maricopa Lawyer invites members to send news of moves, promotions, honors and special events to post in this space. Photos welcome. Send your news via e-mail to [email protected]. HONORS & AWARDS practice. The section produces top-flight professional Harrison is past president of the Maricopa partnerships, public financing, education for litigators nationwide and serves as the County Bar Association and also served on the Board real estate development, and Quarles & Brady, LLP, an- voice of the profession on matters related to courts of Directors. He is also past president of the State election law. nounced that Brad Vynalek, and the administration of justice. Bar of Arizona. He received his L.L.B. from Harvard Prior to joining Fennemore a partner in the firm’s Phoenix In addition to his new role at the ABA, Bivens has Law School and his B.A. from Antioch College. Craig, Tindall served as the city office, has been appointed the previously served on the ABA’s Board of Governors attorney for Glendale, Ariz., and 2013-2014 chairman of Make- and was elected three times statewide as Arizona’s NEW HIRES A-Wish Arizona. Joined on the was instrumental in its trans- State Delegate to the ABA House of Delegates. He is Bryan Cave, LLP, announced formation into a destination for Board of Directors Executive a past president of the Western States Bar Confer- that Marcel Valenta has joined Craig D. Tindall local and national cultural events. Committee by Derrick Hall of ence, the State Bar of Arizona and the Maricopa the firm’s Phoenix office as of Brad Vynalek the Arizona Diamondbacks; County Bar Association. He is a former state chair counsel. He will practice within As the city’s chief legal officer, he directed the legal Bruce Guest of Arizona Business Bank, and Ronald of the Arizona Democratic Party, chaired Arizona’s the firm’s Transactions and aspects of the city’s development of its sports and Butler of Ernst & Young, LLP, Vynalek and the team Lawyer Representatives to the Ninth Circuit Judicial Corporate Finance and Securities entertainment district, including construction of the are focused on eventually granting 365 wishes in a Conference and is a member of the American Law practice groups. University of Phoenix Stadium, Jobing.com Arena, single year – one every single day. Institute. Valenta has more than 10 and Camelback Ranch Spring Training Facility. Among his many accomplishments, Vynalek is At Snell & Wilmer, Bivens represents clients at Marcel Valenta years of experience advising Tindall received his J.D. from Southern Methodist a former liaison for the Maricopa County Bar As- trial in a wide variety of matters involving securities U.S. and foreign clients on acquisitions, divestures, University and his B.S. from Arizona State University. sociation Minority Intern Writing Program. He is a fraud, patent infringement, lender liability, envi- joint ventures, strategic alliances and other business member of the State Bar of Arizona and the Ameri- ronmental liability, professional negligence, officer transactions. He also devotes a significant amount NEW FIRM can Bar Association Young Lawyer’s Division. He is and director liability, products liability, employment of time to representing emerging growth technol- Lewis and Roca, LLP, headquartered in Phoenix, the Commissioner for the Arizona Commerce and discrimination, real estate and construction, business ogy companies in an array of venture capital, private and Rothgerber Johnson & Lyons, LLP, a century- Economic Development Commission, a former legal torts and class actions. His practice also encompasses equity, securities and strategic transactions. old Rocky Mountain firm, announced that they will intern for U.S. Senator John McCain, a graduate of government relations. Before joining Bryan Cave, Valenta was Senior the Valley Leadership Institute Class XXVI, a board Bivens received his J.D. from the University of Corporate Counsel handling mergers and acquisitions combine forces to create one of the largest law firms member of The University of Arizona Law College Texas School of Law. He graduated with a B.A. in and commercial transactions for Hewlett-Packard in the Western U.S. Association and a pro-bono attorney for the Vol- English, magna cum laude, from Yale University. Company in Palo Alto, Calif. Prior to his career with When the firms officially join on Sept. 1, 2013, unteer Lawyers Program, Wills for Heroes, and the HP, Valenta practiced in the Silicon Valley office of the new 250-lawyer firm will be called Lewis Roca National Center for Missing and Exploited Children. Mark Harrison received an AM Law 100 global law firm specializing in merg- Rothgerber, LLP. With a presence in Arizona, Califor- Vynalek received his J.D. from the University of the Charles W. Kettlewell Legal ers and acquisitions and venture financings. nia, Colorado, Nevada, New Mexico and Wyoming, Arizona and his B.A. from Stanford University. Ethics Advisor Award at the Valenta has an international background. He the firm will maintain nine offices, including Phoenix, 2013 Association of Professional studied law at the University of Florence in Italy Denver, Las Vegas, Tucson, Reno, Colorado Springs, Don Bivens has been named Responsibility Lawyers (APRL) and received a J.D. from Humboldt University in Albuquerque, Silicon Valley and Casper. chair of the American Bar annual meeting in San Francisco, Berlin, Germany in 1999. After moving to the U.S., Lewis and Roca’s highly regarded real estate, energy Association (ABA) Section of Calif., on Aug. 8. Notwithstand- he received his LL.M. (2000) and J.D. (2003) from and regulatory, intellectual property, gaming, and labor Litigation. As chair, Bivens will ing significant ABA obliga- Mark Harrison Northwestern University School of Law. He is fluent and employment practices will benefit from Rothger- lead a national team of profes- tions, Harrison has consistently in English and German and conversational in Italian. ber Johnson & Lyons’s reputation and long-standing sionals dedicated to serving attended and presented at APRL meetings for more Valenta is admitted to practice in Arizona, California relationships in the Rocky Mountain region. In addition, section members and engaging than 20 years. He has also been instrumental in assist- and Illinois. Rothgerber Johnson & Lyons’s national litigation and Don Bivens their passion for practice, public ing APRL and its members in maintaining close ties service and the profession. to the ABA Center for Professional Responsibility. Fennemore Craig is pleased to announce that insurance reorganization, religious institutions, banking The 60,000-member Section of Litigation is the At Osborn Maledon, Harrison’s practice areas Craig D. Tindall has joined the firm as of counsel. and energy practices, combined with Lewis and Roca largest in the ABA and the nation’s leading orga- include alternative dispute resolution, appellate, com- In his new role, Tindall will practice in the areas of capabilities, will enable the new firm to offer clients an nization for lawyers involved in litigation and trial mercial litigation, and ethics and professional liability. municipal law, commercial transactions, public private even greater depth and breadth of expertise. n Jennifer Cranston receives Mills Member of the Year award continued from page 1 ston has served as a steering committee mem- ber on the Valley of the Sun United Way Women’s Leadership Council and as a mem- ber of the VSUW’s Public Policy and Advo- cacy Committee. If you look closely on the current VSUW fundraising video, you’ll see her working to serve the needs of the county’s underprivileged. When told of the award, Cranston stated, “It’s not very often that I am struck speech- less, but today was such an occasion. I was and am extremely touched and honored by your nomination.” The MCBA Member of the Year Award was created in honor of Bob Mills for service above the realm of normal volunteerism. The association awarded it annually after Mills first received the award posthumously in 1984, un- til a recent five-year hiatus, which ended with conferring the award on the Hon. Glenn Da- vis last year. Mills was a prominent trial law- yer with the former Phoenix firm of Evans, Kitchel and Jenckes, and was an active mem- ber and treasurer of the MCBA at the time of his death at age 51. n MARICOPA LAWYER SEPTEMBER 2013 • 15 Arizona Paralegal Conference 2013 Friday, September 27 n 7:30 a.m. - 5:00 p.m. n Hyatt regency phoenix, 122 N. 2nd st., Phoenix

Sponsored by: the MCBA Paralegal Division Secrets of Body Language: Keynote Speaker: Chief Justice Rebecca White Berch What Your Client is Telling the Jury Prosecutor Juan Martinez to read proclamation With over 39 years of law enforcement experience, Det. Hawkins will teach the art of using body language and non-verbal reaction cues that might help, or hurt, your client in trial pro- ceedings. Det. Hawkins will discuss various aspects of body language and how it helps a person CLE PROGRAMS FOR PARALEGALS conducting an interview determine whether the person they are speaking with is being truthful or showing signs of deception. The Fair Credit Reporting Act: Presenter: Det. Rob Hawkins What’s “Fair” Game When Reviewing Someone’s Credit Credit reporting companies provide a great resource for paralegals conducting background Malpractice and Your Role as a Paralegal: checks on individuals. However, those utilizing this resource must be cautious not to violate the How You Can Affect Malpractice Issues rules of the Fair Credit Reporting Act (FCRA) by improperly accessing a consumer’s credit re- This CLE will focus on the topic of loss prevention and the critical role that paralegals play in port. Join us for a seminar where we will discuss the do’s and don’ts of accessing a consumer’s that process. It will focus on basic steps that paralegals can follow to ensure that the attorneys credit report without exposing your firm to costly litigation. and firms are not exposed to unnecessary and, more importantly, avoidable risks. Presenter: Marshall Meyers, Weisberg & Meyers LLC Presenter: Lisa Coulter, Snell & Wilmer Not Just Gigabytes: General Session How Intelligent Strategy Reduces eDiscovery Cost From forensic collection through filtering and review, this CLE will educate attendees on both Taming the Toxic Trickle: Using Time Management and Mindfulness to Enhance Your Life basic “no brainer” and modern cutting edge cost saving strategies. The instruction references Got stress? We can help. In a lively, hands-on seminar, you’ll learn time-tested techniques to real world experience and easy to relate project scenarios. You will learn how some logic, critical relax, organize and get control over your work and your life. You’ll learn how to “tame the toxic thinking and intelligent process design can improve client relations and vendor experiences trickle,” work smarter and bring a sense of calm to everything you do. while reducing costs. Presenters: Jim Fassold & Alisa Gray, Tiffany & Bosco Presenter: Brandon Colburn, Teris REGISTRATION FEE INCLUDES: Career Transitions: Comprehensive educational materials; 6 hours of (CLE); full breakfast, buffet lunch and refresh- What Else Can I Do With My Paralegal Skills? ments; interaction with vendors who serve the legal community; door prizes and giveaways. In this breakout session you will hear from three professionals working in the legal community in non-traditional paralegal “jobs” on how to utilize your paralegal skills in other career fields. PRICING Presenters: Eboni Rogers, Drive Time; Kelly Braniger, Homeowners Financial Group; MCBA Member: $185, Non-Member: $250, Student Member $75, Student Non-Member: $100 and Carey Granda, Snell & Wilmer Questions? Contact Bree Boehlke at [email protected] or (602) 682-8588. 16 • SEPTEMBER 2013 MARICOPA LAWYER

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