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OFFICIAL PUBLICATION OF THE

FOUNDED 1914

See Court upholds dismissal page 6

MAY 2017Volume 36, Number 5

In the second published opinion to come out of litigation arising from the Yarnell Hill Fire of 2013, Division One of the Arizona Court of Appeals has affirmed the dismissal of a suit by Yarnell residents claiming that the State of Arizona bungled the efforts to fight the fire. Agreeing with the superior court, the court held that the state owed no tort duty to the plaintiffs. Acri v. State, No. 1 CA-CV 15-0349 (Ariz. App. Mar. 30, 2017).

Lightning sparked a fire on public land in the mountainous wildlands near Yarnell, Arizona, in June 2013. The State Forestry Division initially directed the firefighting effort. On the third day, the fire raged out of control and swept through the town, causing widespread property losses.

More than 100 residents later filed suit against the state, alleging that it had negli-gently mismanaged the firefighting efforts. They asserted claims for lost and damaged property, and emotional distress. The su-

perior court dismissed, agreeing with the state that it owed no legal duty to the town residents. They appealed.

In his opinion for the court, Judge Kent Cattani called the question of duty a thresh-old one, for without a duty, a negligence action cannot be pursued. Noting that the existence of a duty is a legal question for the court to decide, and quoting the Ari-zona Supreme Court, he wrote that it may “arise from a variety of sources, including a special relationship between the parties — whether contractual, familial, or based on ‘conduct undertaken by the defendant’—or as an expression of public policy.”

Cattani examined the plaintiffs’ con-tention that “sound public policy imposed a duty of care on the State to protect Yar-nell and its people,” and he rejected it. “[P]ublic policy may also militate against recognition of a tort duty,” he wrote, “and it does so here.” The plaintiffs argued that the state has a duty of “protecting private

property against a natural occurrence on public land maintained in natural condi-tion,” but Cattani found that contention “unworkably broad.”

He was unpersuaded by the plaintiffs’ proposed limitation “that the state had only assumed a duty by in fact attempting to suppress the fire.” Adopting that argu-ment, he concluded, “would lead to per-verse incentives.” He wrote that “imposing a tort duty based on the State’s undertaking to provide an emergency response could instead encourage inaction: the State could shield itself from liability by simply doing nothing.” He found that result “contrary to the overriding needs of the public.”

Other factors also colored Cattani’s decision. “[T]he duty advanced by the Residents would prioritize nearby private property interests at the expense of con-sideration of broader state interests,” he wrote. He noted that the legislature has statutorily directed the state forester to provide wildfire-suppression services that “are immediately necessary to protect state lands” and to act in “the best interests of this state.”

CourtWatchDaniel P. Schaack

Court upholds dismissal of Yarnell residents’ case against the state

A big thank you to the presenters of the “Barristers and Baseball: Sports Law for the General Practitioner and Specialist” CLE on March 16 at the Peoria Sports Complex. This free CLE offered attendees lunch, parking and admission to a spring training game.

Barristers and Baseball CLE

INSIDE ...n Nominations being

accepted for the 2017 Hall of Fame — p. 3

n Register for the Paralegal Career Day on 5/20 — p. 5

n The 14th Amendment – The view from Arizona — p. 5

TUESDAYJUNE 27, 20175:30-7:30 PM

AT THE MCBA OFFICE

TOPICSAsking for Help is a

Strength, Not a Weakness

How to Speak Up for Yourself

RSVPmaricopabar.org

Over my career, I have been fortunate to have mentors, formal and informal, who have modeled for me what it means to be a great lawyer. Some of these mentors have had big personalities and captured the attention of anyone in a meeting or the courtroom as soon as they started speaking. Others were impact-ful by working quietly behind the scenes, but nevertheless changing the legal landscape with understated, yet powerful, writing and advo-cacy. And still, others taught me that while legal acumen is an important skill, one must develop and refine one’s emotional intelligence like any other tool upon which an attorney or judge relies. Each of us has mentors, and the Maricopa County Bar Hall of Fame is one way to recognize those who have impacted us, our practices and the community as a whole.

In 2008, Judge Glenn Davis, then the president of the MCBA, worked with the MCBA staff and board of directors to cre-ate the Maricopa County Bar Hall of Fame. Each year, the MCBA inducts both pioneers of the Arizona legal profession and those at-torneys in the modern era. Those inducted are varied in their backgrounds, practice areas and philosophies. What is consistent throughout the list of inductees is that each inductee positively and meaningfully ad-vanced law and justice in Arizona, through their legal work and their presence in the larger community.

The list includes amazing attorneys and jurists such as: Roxana Bacon, accom-plished attorney who broke down gender barriers in the Phoenix legal community, first female lawyer representative to the Ninth Circuit and the first female Arizona State Bar president (and my mentor when I was a paralegal and law student); Hon. Hayzel B. Daniels, legislator, accom-plished judge and jurist, and a pioneer in the desegregation of Arizona schools; and Hon. Elizabeth Finn, the Presiding Glen-dale City Court Judge, who has earned ac-colades nationwide for advancing mental health programming and domestic violence prevention and who is well known for her meticulous and compelling examination of the Civil Rights Movement in Arizona. I en-courage you to take a look at the list on the MCBA website and learn more about this inspiring group of lawyers and judges who have shaped and, in many cases, continue to shape the legal landscape in Arizona.

The MCBA is in the process of seeking nominations for this year’s Maricopa Coun-ty Bar Hall of Fame. In an effort to find some common themes and ideals that unify the varied list of inductees, we have devel-oped some general criteria for this year’s nominations. We are focusing on attorneys and judges who have practiced for at least 10 years, and who have:

1. Played prominent and important roles that have had an impact on the history and development of our local bar and

the legal profession; 2. Made significant or unique contribu-

tions to the law or the administration of justice; and/or

3. Demonstrated significant leadership, ad-vocacy and accomplishments in service to the community or the profession.

We are taking submissions through May

15, 2017. We have distributed additional in-formation through email and on the MCBA website. I encourage our readers and mem-bers to take a moment to consider the men-tors who have inspired them, and nominate someone to join this distinguished list.

I also encourage each of you to join us at the Hyatt Regency in downtown Phoenix on Oct. 26, 2017, at the Maricopa County Bar Hall of Fame Luncheon. If you have not been, it is an event light on boring speech-es and heavy on wit, war stories, thoughts about the power and responsibility that ac-company a bar license or judicial appoint-ment, and inspiration about how to be an ambassador of the community. I leave the event each year with a renewed sense of pur-pose and a reminder that I am surrounded by a community of lawyers and judges who embody the principles that each of us swear to when we are first inducted as attorneys. I hope you will join us this year. n

MARICOPA LAWYER2 • MAY 2017

The Maricopa Lawyer is published monthly on 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 [email protected] or (602) 257-

4200. The MCBA website is at www.maricopabar.org and pdf copies of past issues are available for

viewing. Please send editorial submissions to Mindy Haskins at [email protected]. The editorials and other views expressed in the Maricopa Lawyer are not necessarily those of the Association,

its officers or its members. Advertising rates and information are also available from Karla Durazo at

[email protected] or (602) 257-4200.

GIVE US YOUR OPINIONThe Maricopa Lawyer welcomes letters to the editors

or opinion pieces for publication. Letters and opinion pieces should be typed and preferably

submitted electronically. Opinion pieces are limited to 1,500 words and letters to 700 words, and the editors reserve the right to reject submissions or

condense for clarity, style and space considerations. Letters must be signed to verify authorship, but

names will be withheld upon request. Authors of opinion pieces will have their names published. Letters and opinion pieces should be mailed to:

MCBA editor, Maricopa County Bar Association, 303 E. Palm Lane, Phoenix, AZ 85005-1532.

Phone: (602) 257-4200 Fax: (602) 257-0405Email: [email protected]

The Official Publication of theMaricopa County Bar Association

The mission of the MCBA is to serve its members, the legal profession, the judicial system and the public.

EDITORIAL BOARDAaron Nash, Chair

Clerk of the Superior Court’s Office

Justin M. Brandt Udall Shumway, PLC

Alexandra CrandallASU Student Rep

Brian E. Cieniawski Bremer Whyte Brown & O’Meara, LLP

Amanda E. Heitz Bowman and Brooke, LLP

Tamara Herrera Clinical Professor of Law, ASU Sandra Day

O’Connor College of Law

Douglas Lowden Advanced Reimbursement Solutions, LLC

Max Mahoney Berkshire Law Office, PLLC

Jamie L. Mayrose Rader Mayrose, LLP

Daniel P. Schaack Assistant Attorney General, State of Arizona

Riley S. Snow Law Office of Riley S. Snow, PLC

Norma J. Franco2015 Paralegal Division Rep

NJFranco and Associates, LLC

Stan Watts Dohrer & Watts, PLC

Travis M. Wheeler Bowman and Brooke, LLP

EX-OFFICIO MEMBERSKaren Arra

Director of Media Relations Superior Court of Maricopa County

MCBA PresidentNorma C. Izzo

Jennings, Strouss & Salmon, PLC

MCBA Executive DirectorAllister Adel

EditorMindy Haskins

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Stress is a normal part of our lives and we have all heard how chronic stress can impact our overall health, cause depression, and lead to substance abuse, physical ailments and other somatic complaints. I don’t think it will come as a big surprise to many read-ers that lawyers have higher rates of clini-cal depression and substance abuse than the general population. In fact, according to the Dave Nee Foundation website — which is an organization combating the social stigma associated with depression, especially among those in the legal profession — lawyers are the most frequently depressed occupational group in the United States and are ranked fifth in incidence of suicide by occupation. As if that were not alarming enough, lawyers are 3.6 times more likely to suffer from de-pression than non-lawyers.

Many of you may not know that in my pri or life (well, prior to becoming an attorney,

that is) I was a school psychologist. The edu-cation and training I received for that career always came back to the fact that human be-ings are social creatures and a person’s social network (or lack thereof) can have a huge im-pact upon a person’s life, especially with re-gard to how that person deals with stressors. It is well documented throughout research that having a supportive network can reduce psychological distress such as depression anxiety, and other mental health concerns. Not having a network of like-minded indi-viduals may leave a person feeling lonely, cre-ate social phobias and even bring on panic attacks in reaction to stressors. Information-al support coming from advice, guidance or suggestions for coping can be helpful to a person’s ability to cope and deal with daily stressors effectively.

To help Maricopa lawyers cope, the MCBA (under the direction of current

MCBA President Norma Izzo) has developed the Lawyer Wellness Program. Through this program, the MCBA hopes to bring aware-ness and resources to its members about how to cope with stress effectively. One such re-source provided by the MCBA is the TED Talk events, which will be focusing on topics related to overall wellness. The TED Talks are offered every other month at the MCBA.

For those of you unfamiliar with TED Talks, TED is a media organization that airs online lectures for free distribution, under the slogan “ideas worth spreading.” The talks produced by the organization are short, powerful presentations (usually 18 minutes or less) that cover a wide array of topics such as science, business, global is-sues, education and wellness. Ideally, TED Talks are used to elicit a productive con-versation among the audience and to offer problem-solving tips.

Each Ted Talk event also provides great opportunities for networking with your col-leagues. At each event, there is time allot-ted for social interaction between attendees and, thanks to the generous sponsors of each event, there is beer and wine offered to fur-ther lubricate your social skills. Each TED Talk features two different presentations along with additional time for group discus-sion to help attendees process the informa-tion communicated and share ideas. The next TED Talk will be held on June 27, 2017, at the MCBA. The event will feature a talk about perspective, sharing stories full of wit and wisdom to remind us that we’re all part of each other’s support systems, and a talk on

how to assert yourself and navigate through tricky social situations and expand your per-sonal power. If you are interested in attend-ing, please RSVP on the event calendar on the MCBA website.

We hope all members know that the MCBA is here to support its members’ pro-fessional and personal growth. There are countless opportunities for you to get in-volved and grow your practice, as well as make important connections and grow your supportive social network. If you are not cur-rently an MCBA member, I encourage you to contact me to discuss the various member benefits that are available. n

MARICOPA LAWYER MAY 2017 • 3

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YOUNG LAWYERS DIVISION CALENDAR

May 3YLD Board Meeting

May 7MCBA Family Day at Great Skate

June 7YLD Board Meeting

June 27TED Talks at the MCBA

JulyNo YLD Board Meeting

Check our Facebook page for news and division events at facebook.com/

YLDmcba or email [email protected] for more

division information.

Stressed? Never fear, the MCBA can help!

SAVE THE DATEOct. 26, 2017 Annual Meeting/Hall of Fame Induction LuncheonHyatt Regency Phoenix

Nominations are now being accepted for the 2017 MCBA Hall of Fame.Deadline to submit nominations is May 15, 2017

For more information and to download the nomination form, go to maricopabar.org/halloffame.

Nominations are now being accepted for the Mills Member of the Year

and the Judicial Officerof the Year Awards

Deadline to submit nominations is May 26, 2017

For more information, please visit maricopabar.org/millsmemberofyear

Or contact Lori Katzaroff, [email protected]

In January, I attended an MCBA Lead-ership Luncheon. One of the questions we were asked is, “Why did you join and contin-ue to be a member of the MCBA?” As each person responded, I began listing my own reasons as to why I originally joined and why I continue to be an active member.

Did you know there is an organization for just about every profession, industry and area of personal interest? In the legal field, specifically, there are voluntary and manda-tory organizations. This article will address voluntary membership organizations and the reasons an individual may join them. Of course, reasons vary from person to person, so I will share the values that I receive and how you too can maximize the benefits to enhance your career.

One of the most important benefits of membership is the networking opportuni-ties. For example, an MCBA membership provides many opportunities to meet people and make new connections. Each Continu-ing Legal Education (CLE) presentation, luncheon, award dinner, fundraiser, etc. pro-vides a new opportunity to meet someone who can help you enhance your professional goals. These events gather like-minded pro-fessionals, which is the first step in meeting people who work in areas of law that are fa-miliar and unfamiliar to you — this is a great advantage as you can tap into their experi-ence and expertise. In addition, other mem-bers are people who understand the stresses that you may experience and can provide

valuable advice and/or guidance. There have been a few instances where I have leaned on fellow members when I have a question or even needed a template.

Adding to the benefits of networking, as-sociations typically have a job bank or job board listing available positions. This little perk not only opens doors, it may give you the opportunity to speak to other members that can fill you in on hidden employment opportunities. I regularly receive emails from the job bank and from other legal pro-fessionals regarding available positions. If I know that someone is looking or has a posi-tion open, I pass the word along.

Membership is not only advantageous to an individual entering the profession, but also to the seasoned professional because it provides opportunities to mentor up-and-coming professionals, speak at engagements, volunteer and chair a committee.

The numerous networking opportunities provided by the MCBA is where the Parale-gal Division stands out from the other as-sociations. Our networking events provide attendees the chance to meet not only other paralegals, but also attorneys, administrators and court personnel.

CLE and/or training is another ben-efit of joining an organization. Typically a member can attend these learning sessions at a discounted price, whereas non-mem-bers will pay a higher price for the same session. Each MCBA division sponsors several CLEs throughout the year and they

are open to all members.In addition to the benefits and reasons

mentioned above, associations provide the opportunity to support the community and/or public by volunteer work and fundraising events. The Paralegal Division does one fun-draiser or drive per year. In the past, the divi-sion has conducted a Dental Drive, Toys for Tots and Back Pack Drive. This year on May 6, the division will be volunteering at the Special Olympics during the awards ceremony.

Membership with the MCBA also provides discounts with affiliated companies such as MetLife, Expedia and Hertz Car Rental.

Back to why I originally joined and what keeps me an active member. The reason I joined is completely different from why I re-main a member. By the time I joined the divi-sion in 2007, I had been a paralegal and/or of-fice manager for 13 years and was looking for opportunities to learn more and use my teach-ing degree. I also wanted to attend the Cer-tified Legal Assistance (CLA) review course with the goal to teach. The benefit to my per-sonal development and career has been more than I could have imagined. After obtaining my paralegal certification, I became chair of the CLA review program and was teaching the administrative law section of the pro-gram. When the review program transferred to Phoenix Community College (PCC), I was part of the planning committee establishing the CLA review course. The opportunity of being involved in the development process at PCC provided an opening to a three-year ad-junct instructor position at PCC.

I met wonderful people who have become great friends and peers. I have reached out to them when looking for a new position or when I have a question. I found people to whom I look up to as mentors. I have had the opportunity to meet and become friends with two of the founding Paralegal Division members, one of whom I consider my “unof-ficial” mentor.

Last year was the first time that the divi-sion reached out to other legal professional

associations in the Valley with the hopes of creating a professional mixer for everyone. The idea was for the members of each as-sociation to meet and network. On March 30, we had the second annual Legal Pro-fessionals Mixer. The event was hosted by six local associations: Association of Legal Administrators Arizona Chapter, Arizona Paralegal Association, Maricopa County Association of Paralegals, NALS of Phoe-nix, Women in eDiscovery and the MCBA Paralegal Division. The event was held at the Arizona State University Law School in downtown Phoenix.

A big thanks to ASU for the facility and a huge thank you to our sponsors of the event: Altep, Griffin & Associates, MBA Legal Transcription, Nationwide Legal, Piganelli & Associates, R3 Investigations and Special Counsel. It was a wonderful event with great opportunities to network, make new friends and see old ones.

*****Division meetings are held the second

Monday of each month, unless the Monday is a holiday; then it will be held on Tuesday. All members are invited to attend the meet-ing. Our next meeting is on May 8 at 5:30 p.m. at the MCBA office. I look forward to seeing you there. n


The perks of membership

PARALEGAL DIVISION CALENDAR

May 1CLE: Impact of President Trump’s

Immigration Executive OrdersMay 7

MCBA Family Day at Great SkateMay 20

2017 Paralegal Career DayJune 5

CLE: Family Law Practice: Trial Preparation, Part I

June 7CLE: Family Law Practice: Trial Preparation, Part II

Aug. 8CLE: Civil Practice:

Trial Preparation, Part IAug. 22

CLE: Civil Practice: Trial Preparation, Part II

Sept. 815th Anniversary

MCBA Paralegal ConferenceOct. 6

CLE: Bankruptcy Basics, Part IOct. 20

CLE: Bankruptcy Basics, Part II

Check our Facebook page for news and division events at

www.facebook.com/mcbaparalegal

STAY SOCIAL WITH THE MCBA

LIKE US ON Facebook.com/maricopabar

FOLLOW US ON Twitter @maricopabar


A Small Donation Makes a Big DifferenceArbitration Fee Donations HelpPartnering with the Maricopa County Superior Court, the Maricopa County Bar Foun-dation (MCBF) is once again encouraging attorneys assigned to arbitration to donate the $75 fee to the Foundation’s fundraising efforts.

It’s Easy to ContributeThe court has made it easy to contribute with a convenient “pro bono” check-off box located at the bottom of the Invoice in Support of Request for Warrant, a form provided in your arbitration packet. For more information, go to maricopabar.org and click on “About Us” on the top menu bar then “Maricopa County Bar Foundation.”

THANK YOU FOR MAKING A DIFFERENCE!

The Arizona perspectiveAlthough its impact on the civil rights of

future Arizonans would be hard to overstate (according to Justice Brennan it is the most frequently litigated provision of the U.S. Con-stitution), ratification of the 14th Amendment on July 9, 1868, was not celebrated by the citizens of the territory of Arizona as a par-ticularly important event. The ratification was not reported in Prescott’s Arizona Miner until a month later, and the text of the amendment wasn’t published until Aug. 22.

As one of a small handful of territorial newspapers in print at that time, the popular Miner was published bi-weekly and focused on local news and events impacting Central Arizona. Unreported in the pages of the Miner and probably generally unknown to all but a few politically connected territorial officials was the struggle in Congress that led to the resolution to adopt the amendment.

One of those officials was Republican Gov. Richard C. McCormick. McCormick was an ex-newspaper reporter and New York politician before being appointed sec-retary of the new territory by President Lin-coln. Beside his political roles as secretary and, later, as governor, McCormick owned a printing press and published the Arizona Miner. He later became a Tucson media mo-gul, publishing the Weekly Arizonan and later the Arizona Citizen.

Although occasionally providing updates on the lengthy ratification process, McCor-mick’s paper did not describe the masterful efforts of Ohio Republican Congressman and lawyer John A. Bingham, the primary author and champion of Section 1 of the amendment that has been called a “Second Constitution.”

Bingham was a staunch anti-slavery advo-cate and the leader of the moderate Repub-licans in the House of Representatives. The congressman drew on language in the Ohio and Pennsylvania constitutions, including words like “privileges and immunities” and “equal protection” to focus the amendment on universal protection of the citizenship rights of newly freed slaves.

As a territory, Arizona was governed ex-clusively by federal and federally approved territorial law — no state law existed. Ac-cordingly, a constitutional amendment re-quiring states to respect their citizens’ due process, equal protection and citizenship rights was a bit academic where such rights were already theoretically available to citi-zens of the territory via the Bill of Rights and various federal statutes.

In addition to these sources, the Treaty of Guadalupe Hidalgo and the terms of the Gadson Purchase guaranteed federal citizen-ship rights to former Mexican citizens. These rights were available to citizens living in new-ly annexed American territory after the Mex-ican-American War who elected to stay in the territories and accepted American citizen-ship. These provisions, though not aggres-sively implemented, were applicable to much

of the American West, including Arizona.

Maricopa County lawyerAnother territorial official likely attuned

to the adoption of the amendment was Trea-surer John Alsap. Alsap, a Democrat and the first territorial treasurer, was also a frequent correspondent published in the Miner. As he travelled the territory, he would send letters to the paper colorfully describing mining camps, Indian attacks, Mexican fiestas, political de-velopments and daily life in other towns in the territory.

Alsap was both a lawyer and a trained phy-sician. He had been educated in New York, but was originally from Kentucky. As a young man, he had practiced medicine for a few years in California before making his way to the New Mexico Territory in the early 1860s. His was a diverse resume.

Alsap took up prospecting in the Prescott area near Fort Whipple, and was the propri-etor of the first saloon in Prescott (a tent, a barrel of whiskey and a set of mugs). He sold supplies to a number of mining camps and began what would become a successful law practice. Prior to his stint as territorial treasurer, he accompanied his friend King Woolsey, a well-known Indian fighter, as the official troop surgeon. Alsap was elected to the territorial legislature and was part of the first group of white settlers to establish permanent farms in the Salt River Valley. He was instrumental in the creation of Maricopa County and became its first probate judge and later district attorney. He was active in the establishment and development of Phoe-nix and became its first mayor.

A Southern Democrat culture in a Union Republican territory

Despite the fact that its publisher was a Re-publican, the Arizona Miner reflected the gen-erally Democratic leanings of the territory’s white citizens, many of whom were recent im-migrants from the American South. Just sev-en years earlier, in 1861, while still part of the territory of New Mexico, and after a period of neglect and frustration with the federal gov-ernment, the people of the Southern part of Arizona and New Mexico had established the Confederate Territory of Arizona. The rebel territory provided a critical southern route di-rectly from the Southern states of the east to California, and became a battleground for the westernmost fighting of the Civil War.

Within a year, Union troops forced the Confederate territorial government into exile in Texas and regained control of the area. To consolidate these victories and assure Union access to the territory’s mineral wealth, Con-gress immediately began debating the creation of a new Arizona territory.

Opponents argued that the newly pro-posed Arizona territory (including its present boundaries plus part of Southern Nevada) had less than 600 “native born Americans,” and was populated primarily by “Mexicans and half breeds, totally unfit for American citi-zenship.” The territory was also home to 21 “free blacks.” Despite its detractors and over Democratic and Unionist opposition, in Feb-ruary 1863 the new territory was established by an overwhelmingly Republican Congress and President Lincoln.

The 14th Amendment – The view from Arizona

See The 14th Amendment page 15

OFFICE SPACE FOR RENT AT THE MCBA

Contact Jennifer Deckertto get leasing information

(602) 257-4200


In last month’s column, I tackled the rules about hyphenating adjectives. I had not planned on addressing compound nouns, until I saw the latest news from the annual American Copy Editors Society meeting. Both the Chicago Manual of Style and the AP Stylebook have now dropped the hyphen in “email.” Which lead me to wonder: What are the rules about using hyphens in compound nouns? Or do I just know what compound nouns look like when I see them?

Just about every source I consulted with agreed that there are few set rules for com-pound words in general. Sometimes a com-pound noun is written as two separate words (bus stop), sometimes the compound noun is written as one word (snowman) and some-times the compound noun uses a hyphen (check-up). Because language evolves, the accepted spelling for words, evolve. To con-fuse matters even more, sometimes several spellings of the same word are acceptable (paperclip and paper clip). Thus, the best advice I can give is to regularly consult a dic-tionary or style guide.

One style guide I recommend to legal

writers is the Aspen Handbook for Legal Writ-ers. Although it also states that there are few set rules for compound nouns, it presents five clear guidelines when adding certain suffixes and prefixes when making a com-pound noun.

Guideline One: Use a hyphen when adding the suffix “elect” to a noun.

secretary-electGuideline Two: Use a hyphen when

adding the following prefixes: all, co, ex, half, quarter, quasi, and self.

ex-husbandquasi-contracthalf-moonGuideline Three: Use a hyphen when

adding a prefix to a proper noun or a word beginning with a capital letter.

mid-MayGuideline Four: Omit the hyphen when

adding a prefix to a word that begins with the same letter that ends the prefix (the dou-ble letter).

reentrycoordinatorThis rule is not absolute, however.

Sometimes the hyphen is needed to avoid confusion.

co-opco-ownerGuideline Five: Hyphens are appropriate

when spelling out fractions.three-fourthsone-half n

Another compounding problem

What could be better than climbing on a soapbox, belting out political opinions, rail-ing against mandates, and jockeying for posi-tion and relevance in a 24/7 media world? In a clerk’s office, just about anything would be better. Political, opinionated and even ornery are aspects that should be left out of a clerk’s office. Opinions and strong positions have a time and a place, but they should always be focused on improving the people’s business.

Clerk’s office staff take seriously their ob-ligation to verify, assist, inform and explain. Many of our customers never see a judge, or they only have brief and infrequent hearings. New employees and seasoned staff alike are reminded that clerk staff are seen by some as the face of the justice system in Maricopa County. A party’s perspective on the entire court system can hinge on the interaction they have at a file counter or the first tele-phone call they make. Many deputy clerks spend years answering the same question day after day, year after year, remembering that it is the only time that individual customer will ask the question. Clerk staff withstand pleas for legal advice and a barrage of demands

while staying steadfast in their mission to as-sist and inform without giving one side an advantage over another. These interactions take place around the Valley, in all case types, and from all sides.

Maricopa County enjoys the fourth larg-est population in the United States. For the clerk’s office, this translates to more than 650 employees in more than a dozen buildings throughout the county. These few hundred people process millions of pages of docu-ments and millions of dollars in fees, resti-tution, bonds and exhibits. They support dozens of judicial officers, tens of thousands of customers and hundreds of thousands of filed documents. The office has come a long way from its paper origins and will continue finding ways for technology to improve both speed and accuracy. However far technology moves us away from personal interaction, there will always be clerks to solve problems that technology can’t. The clerk’s office will remain a haven of equality and fair interac-tions for those who feel they are in a storm of litigation and discontent.

It is an honor and a privilege being part of a team that is dedicated to public service, and we are all fortunate that the clerk’s work does not grab headlines. Steady improve-ment, strategic planning and forecasting, and dedicated customer service are the hallmarks of a functioning clerk’s office. When things go well, the public doesn’t think about the clerk’s office at all. And, from that perspec-tive, we hope to remain the invisible clerk. n

The invisible clerk

“Imposing a duty of care beyond the legislative directive,” he concluded, “would impermissibly replace the State’s discretion to consider the complex mix of risks and considerations presented by a wildfire with a mandate to prioritize the interests of indi-viduals whose property might immediately be threatened.”

Cattani cautioned against any misinter-pretation of his holding. He was not sug-gesting “that the state forester should ignore the fire’s potential impact on nearby proper-ties and communities as part of the statu-torily-directed assessment of what wildfire suppression services are in the best interests of the state.” Acknowledging a desire that the state’s fire-suppression efforts would benefit the town’s residents, he nevertheless concluded that a legal duty does not arise out of “a hoped-for benefit that may arise incidental to broader public-safety concerns and the best interests of the state.”

Cattani next rejected the plaintiffs’ con-tention that the state’s duty arose because it possessed the land where the fire started. He noted that the plaintiffs had cited no Arizona authority “recognizing an owner/occupier’s duty to prevent the spread of a wildfire regardless of the cause of the fire or the natural (as opposed to developed or ar-tificial) condition of the land.” Neither had the court found any such authority. Instead, he noted, Arizona has adopted § 363 of the Second Restatement of Torts, under which a land possessor is not liable “for physical harm caused to others outside of the land by a natural condition of the land.”

Although “a lightning strike [is] perhaps … not a ‘condition’ of the land,” he wrote, “‘[n]atural condition’ is broadly defined ‘to indicate that the condition of land has not been changed by any act of a human be-ing.’” And “the state trust land apparently remained in natural condition, and the light-ning was not an ‘act of a human being.’”

“Accordingly,” he wrote, “we decline to recognize a common law duty to protect the Residents by preventing the spread of a naturally caused fire started on State land maintained in natural condition.”

Cattani also rejected the plaintiffs’ con-tention that the state had assumed a legal duty by voluntarily undertaking to fight the fire on their behalf. The state’s actions, he held, “do not show an undertaking to pro-vide fire protection services directed to the Residents.” Instead, they were “consistent with the state forester’s discretionary au-thority to provide wildfire suppression ser-vices in the interest of the state and in the interest of protecting state lands as directed by [statute], rather than an undertaking di-rected to the benefit and protection of the Residents’ property.”

Joining Cattani in affirming the suit’s dismissal were Judges Lawrence F. Win-throp and Peter B. Swann.

Editor’s note: Daniel P. Schaack, an as-sistant attorney general, was one of the attorneys for the state in Acri v. State.

*****

Appeals court revokes marijuana- possession charge on college student

The legislature may prohibit, but not criminalize, the possession of marijuana on a university campus. So held the court of appeals in vacating the marijuana-posses-

sion conviction of Andre Lee Juwaun Mae-stas. State v. Maestas, No. 1 CA-CR 15-0724 (Ariz. App. Apr. 6, 2017).

Maestas was arrested for obstructing a public thoroughfare when an Arizona State University police officer observed him sit-ting in the street outside his dormitory. Searching Maestas, the officer found a valid medical-marijuana card in his wallet. Maes-tas told the officer that he had marijuana in his dorm room. Armed with a warrant, the officer searched the room and found a small amount of the drug.

The state filed a felony marijuana-pos-session charge against Maestas. The su-perior court denied his motion to dismiss it, rejecting his argument that it was pro-hibited under the AMMA — the Arizona Medical Marijuana Act, enacted by Arizona voters by initiative in 2010. The state then reduced the charge to a misdemeanor, and after a bench trial the court convicted him. He appealed.

To support the conviction, the state re-lied on A.R.S. § 15-108(A), a statute enact-ed by the legislature in 2012 that prohibits even AMMA cardholders from possess-ing marijuana on public-school campuses. Writing for the court, Judge Swann ad-dressed whether § 15-108(A) could trump the AMMA given the VPA — the so-called “Voter Protection Act.” He noted that “[t]he VPA prohibits the Legislature from amending a voter-passed initiative unless, inter alia, the amendment ‘furthers the pur-poses’ of the initiative.” And he agreed with Maestas the § 15-108(A) did not pass VPA muster.

The AMMA specifically allows civil and criminal penalties for marijuana possession on school buses, on the grounds of any pre-

school, primary school, or high school, and in any correctional facility. Absent from that list are public-university campuses. “By specifically exempting only pre-, pri-mary- and secondary-school grounds from its protections,” Swann wrote, “the AMMA offers no textual support for the notion that otherwise lawful use of marijuana on college or university campuses can be made criminal.”

“By enacting A.R.S. § 15-108(A), the Leg-islature modified the AMMA to re-crimi-nalize cardholders’ marijuana possession on college and university campuses,” he noted. But given the VPA, it could not do so because “[t]he statute does not further the purposes of the AMMA; to the contrary, it eliminates some of its protections.”

The state contended that the § 15-108(A) is necessary to protect federal funding for higher education. It pointed to an AMMA provision that, as Swann described it, “gives the Legislature authority to prohibit card-holders from using marijuana on college and university campuses.”

Swann rejected the argument. He agreed that “schools and landlords may discrimi-nate to protect federal monetary or licens-ing benefits.” The AMMA, he held, does not “prohibit the Legislature from enacting non-criminal statutes to ensure the absence of medical marijuana on college and uni-versity campuses.” But § 15-108(A) went beyond that by criminalizing medical-mar-ijuana use — and that contravened the will of the voters in enacting the AMMA.

He consequently held § 15-108(A) un-constitutional. Joining him in vacating Maestas’s conviction were Judges Patricia A. Orozco and Jon W. Thompson. n

Court upholds dismissal CourtWatch, continued from page 1


How has your membership/ partnership with the MCBA benefited your business?

Kenrich has enjoyed a growing and spe-cial relationship with the MCBA, where we have collaborated on the Trial Skills Insti-tute and sponsored many MCBA events. I believe this has resulted in a win-win rela-tionship, where we’ve had the opportunity to meet many talented attorneys and been able to support the MCBA at the same time.

How does the work your company does impact the legal field?

We provide litigation support and ex-pert witness services related to damages analyses, including: forensic accounting, lost profits, business valuations, construc-tion disputes (cost and schedule) and in-tellectual property matters. We assist our clients and their counsel in understanding the magnitude of their potential damages throughout every phase of the engagement. This includes preliminary assessments and discovery assistance early in the dispute, all the way to effectively communicating com-plex damages concepts to the trier of fact in an effective and persuasive manner.

What are your hobbies or interests?

I enjoy golf, especially with my 11-year-old son, who got the golf bug this year. I’m also a ma-jor movie fan and have become fluent in the language of movie quotes. I usually have about 100 quotes go through my mind in various situations during the day, but have gotten better at filtering them to avoid the “I have no idea what you’re talking about” look from friends and colleagues. Both of my children have taken to the movie quote game, and I look forward to expanding be-yond the Disney collection.

What’s the craziest job you’ve had?Golf caddy when I was 13-14. It was

pretty close to what’s depicted in the “Caddyshack” movie. Lots of ping pong, basketball, card games and, occasionally, we carried a golf bag around the course.

What is your favorite quote?

I have to stick with the movie theme — and my favorite is from “Caddyshack,” of course:

Carl Spackler: So I jump ship in Hong Kong and I make my way over to Tibet, and I get on as a looper at a course over in the Himalayas.

Angie D’Annunzio: A looper?Carl Spackler: A looper, you know, a

caddy, a looper, a jock. So, I tell them I’m a pro jock, and who do you think they give

me? The Dalai Lama, himself. Twelfth son of the Lama. The flowing robes, the grace, bald ... striking. So, I’m on the first tee with him. I give him the driver. He hauls off and whacks one — big hitter, the Lama — long, into a ten-thousand foot crevasse, right at the base of this glacier. Do you know what the Lama says? Gunga galunga ... gunga, gunga-lagunga. So we finish the eighteenth and he’s gonna stiff me. And I say, “Hey, Lama, hey, how about a little something, you know, for the effort, you know.” And he says, “Oh, uh, there won’t be any money, but when you die, on your deathbed, you will receive total consciousness.” So I got that goin’ for me, which is nice.

If you were a character in a movie or TV show, which character would you be?

As an expert witness, I’ve always loved Marisa Tomei’s character in “My Cousin Vinny” and strive to connect with the trier of fact. However, my wife always tells me that I’m Chandler Bing from “Friends,” as few of our friends and family really know what I do. n

DAVID BONESThe Kenrich Group, LLC; Legal Community Business Partner

MCBA MEMBER SINCE 2015

M E M B E R S P O T L I G H T

Thank you to the Association of Legal Administrators (AZ Chapter), the Arizona Paralegal Association, the Mari-copa County Association of Paralegals, the MCBA Paralegal Division, NALS of Phoenix and Women in eDiscovery for hosting a tremendously successful gathering of legal profes-sionals on March 30 at the ASU Sandra Day O’Connor Col-lege of Law in downtown Phoenix. An even bigger thank you to the event sponsors: Altep, Griffin & Associates, MBA Legal Transcription, Nationwide Legal, Piganelli & Associates, R3 Investigations and Special Counsel. n

Legal Professionals Mixer Speed Networking with the Judges

Meet the Judges and Annual Reception

The Estate Planning, Probate and Trust Section hosted their annual Meet the Judges reception on April 13 at the MCBA office. Attendees got to know the judicial officers from the probate/mental health department of the Mari-copa County Superior Court. n

The Family Law Section hosted a fun and fast-paced networking event on April 19 at the MCBA office. In this "speed-dating format," attendees asked questions and ob-tained tips from judges and commissioners from the fam-ily law bench. Thank you to the sponsors: ROI Properties, Proper Comm and Chris Carter Kent/Realty Executives! n


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By Russell Yurk

We all (hopefully) do conflict checks in the nor-mal course of business before accepting any new matter. I’m going to as-sume that everyone has a conflict checking system

and that it is used by everyone in the firm before undertaking any representation (in-cluding new matters for long-term clients). But there are two aspects of conflict checks that are easy to overlook: Who should be included in your conflict system and when to re-run conflict checks. I’ll briefly address both issues in this month’s column.

Everyone’s conflict system obviously should include all current and former clients — but there are several other individuals and entities that should also be in your conflict system. The list can go on and on, but here are three that you might be missing:

n Opposing parties and their counsel. If someone in your law firm represents lawyers in malpractice or discipline cas-es, it would be awkward if no one real-ized that they were representing your opposing counsel in a big case.

n Non-parties at fault. You will want to know if one of your firm’s clients is listed as a non-party at fault in an-other case. Even though they are “just” a non-party, you will be making argu-ments and likely taking discovery re-garding their actions.

n Key witnesses, including expert wit-nesses. You will want to know if one of your firm’s clients is an important witness or an expert witness for your opposing party. Again, it would be awkward to cross-examine a client of your firm who serves as the opposing party’s expert. The same reasoning ap-plies to your retention of an expert, or listing of a key witness, who happens to be an opposing party in another of your firm’s cases.

Russell Yurk

Q&ALAWYER LIABILITY AND ETHICS

Conflict checks — are you doing them?Each of the above situations likely creates

a conflict of interest — and there are many more examples where your client could le-gitimately be concerned about your loyalty. In many situations the conflict is waivable, but first you have to identify the conflict. If you don’t include opposing parties and their counsel, non-parties at fault, and key wit-nesses and expert witnesses in your conflict checking system, you may never even know of the conflict until it’s too late. Depending on your law firm’s practice, you may also want to include insurance companies who assign cases to your firm, client representatives, sub-sidiaries and parent companies, and family members of lawyers (and paralegals and legal assistants) who work at other law firms or le-gal departments.

Finally, I want to briefly talk about when to run a conflict check. Too many lawyers and law firms only run a conflict check when initially deciding whether to accept a new matter. However, it is important to re-run conflict checks every time that a new party, key (or expert) witness or non-party at fault is added. My advice is to run a new conflict check every time there is a supplemental disclosure statement issued by any party. If there are no such additions, or no supple-mental disclosure statements, then be sure to re-run a conflict check at least once a year to ensure that no new conflicts have arisen during that time. n

Russell Yurk is a partner with Jennings, Haug & Cunningham, LLP, in Phoenix. He serves as the Immediate Past Chair of DRI’s Lawyers’ Profession-alism and Ethics Committee and served 12 years on the State Bar of Arizona’s Committee on the Rules of Professional Conduct. He currently is a member of the Arizona Supreme Court Judicial Ethics Advisory Committee and is an adjunct professor of law at the Sandra Day O’Connor College of Law. If you have a question about ethics or lawyer liability that you would like addressed in future columns, please email [email protected].

THANK YOU TO

By Eric Lee

From taxes to healthcare, the cost of em-ploying people continues to grow — add to that list the exploding costs (and risks) of employment litigation. According to a recent fact-finding report from the Depart-ment of Labor, employment litigation has spiraled in the past two decades. In federal courts alone, lawsuits involving employ-ment grievances grew more than 400 per-cent during that same time period.

The report goes on to say that, “for every dollar paid to employees through litigation, at least another dollar is paid to attorneys … Moreover, aside from the direct costs of litiga-tion, employers often dedicate significant sums to designing defensive personnel practices (with the help of lawyers) to minimize their litigation exposure. These costs tend to affect compensation — as the firms employment law expenses grow, less resources are available to provide wage and benefits to workers.”

According to the 2015 Hiscox Guide to Employee Lawsuits, U.S. companies had a 12 percent chance of having an employment charge brought against them (for 2014). The guide reported that for small- to medium-sized companies (less than 500 employees) that had actions brought against them, 19 percent of the employment charges resulted in defense and settlement costs. Further, the average settlement totaled $125,000 and took an average of 275 days to resolve. And even though the clear majority (81 percent) of the employment charges resulted in no

COMMENTARY

The exploding costs of employment litigation

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Upayments, the nuisance potential and costs to defend are still high and allegations must be handled carefully.

While there is no magic pill to eliminate all employment litigation, employers can take cer-tain actions to mitigate the risk of a lawsuit or improve the odds of prevailing and reaching a successful resolution. A good first step is to en-sure employment policies and procedures are written, followed and regularly updated. Em-ployers should also conduct regular harassment training and ensure measures are in place to prevent discrimination and harassment claims. Lastly, if an employee termination is necessary, make sure all guidelines have been followed and you gather and review the documentation that supports the termination.

With all of the due diligence and preventa-tive measures a company undertakes, employ-ers are still at risk of employment litigation. Employment litigation differs from other types of commercial disputes. Employment disputes often involve a convoluted and complex set of federal and state laws, policies and practices. Claims can be made by current or former em-ployees, or a large class of both. There are sev-eral different types of employment actions that can be asserted. Here are just a few:

n Discrimination, harassment and hostile workplace claims

n Employment and non-compete agree-ment disputes

n Retaliation, wrongful discharge or unlawful dismissal allegations

n Theft and misuse of intellectual property, trade secrets and proprietary data

n Class action lawsuitsn Wage and hour violationsn Whistleblower complaintsBefore an employer undertakes an em-

ployment action, it is important to know the facts. Involve HR and specialized employ-ment lawyers early in the process to make sure the appropriate laws and policies are fol-lowed. Records and data potentially relevant to the dispute will also need to be retained. Confidential information will also need to be secured to ensure legal privileges and protect the reputation of the company. Interviews of relevant players may also need to be conduct-ed by experienced professionals.

Additionally, early quantification of possible losses and damages and development of poten-tial defenses can significantly improve success and drive quick resolutions. Specialized forensic consultants can be an essential part of the legal team to help with strategy, analyze records and identify/quantify potential losses and damages.

With the onslaught of employment litiga-tion and escalating costs, employers today must take steps to protect themselves from adverse actions. Employers should take proactive steps and actions to reduce the risks of lawsuits and to mitigate exposure. However, employers are still at risk of employment litigation. Proactive planning and consultation can greatly improve the odds of prevailing and reaching a success-ful resolution. n

Eric Lee is a principal with Keegan, Linscott & Kenon, PC, and the Phoenix practice leader in the con-sulting services group; serving in the testifying expert and consulting expert roles in litigation, forensic ac-counting, fraud and investigation services, and criminal matters both in the U.S. and internationally.

On April 7, 2017, the Arizona Supreme Court swore in John R. Lopez IV as its newest justice. The investiture took place at Arizona State University’s Sandra Day O’Connor Col-lege of Law in the Armstrong Great Hall in downtown Phoenix. Gov. Doug Ducey ap-pointed Lopez to the court in January 2017.

Lopez graduated from the University of Texas in 1992 and received his law degree from Arizona State University College of Law in 1998. He was admitted to practice law in Arizona in 1998.

He began his legal career in Phoenix as a law clerk for now-retired Chief Justice Charles Jones and then worked as a civil litigator in private practice. In 2002, he be-gan working in the U.S. Attorney’s Office in Phoenix where he remained for over 12 years serving in various roles, including a six-month assignment in Iraq as a legal advisor with the Regime Crimes Liaison Office, the

Department of Justice-led group tasked with assisting the Iraqi government with the pros-ecution of Saddam Hussein. In 2015, he be-came solicitor general for the state of Arizona in the Office of Attorney General where he remained until his appointment to the Ari-zona Supreme Court. n


INSIDE THE COURTS

The administering of the oath by Chief Justice Scott Bales (right) and Justice Lopez’s wife, Jennifer.

Investiture ceremony for Justice John R. Lopez IV

Parties involved in a court case no longer have to wait hours or days for an order to be issued in a minute entry. Family department judicial officers may now issue orders before parties leave the courtroom.

The eWork application, a new pilot project, allows judicial officers to create and sign tem-porary orders such as Parenting Time, Child Support, Legal Decision Making and more. As the pilot continues to expand, the orders will be eFiled with the clerk of court, allowing immediate access to other stakeholders, such as law enforcement. In the upcoming weeks, the pilot will extend to all family department divisions and include final orders.

Thank you to Family Presiding Judge Su-zanne Cohen, Judge Geoffrey Fish, Judge Katherine Cooper, Judge Ronee Korbin-Steiner, Judge Ted Campagnolo and Judge Chuck Whitehead for participating in the pilot project. n

Justice Lopez (far right) joins his colleagues on the bench after receiving his judicial robes.

eWork pilot project launched in family department

Judge Katherine Cooper, Clerk Yvette Anchondo and Bailiff Michael Hohenstein test the new eWork application in iCISng.

Few issues captivate the Arizona Capitol crowd more than pub-lic school funding and taxpayer support for private schools.

Long a pet cause for Republicans at 1700 W. Washington, this year

saw the greatest potential for expansion of taxpayer money for private schools. Pre-viously limited to low-income, disabled, foster students and Native Americans, Empowerment Scholarship Accounts are now available to any student in Arizona.

The legislature capped the number of students allowed to take advantage of the program at 5,500 a year between now and 2022. The total number of students receiv-ing the financial aid cannot exceed 30,000 a year. Don’t let that fool you. By 2022, that cap is likely to be removed.

The state has long struggled to properly fund education. In fact, the state leaders can’t even agree what a sufficient level of funding even looks like. To be sure, state funding for our classrooms eats up more than half the state budget. If you think you pay a lot in taxes, realize that most of it goes to fund our three state universi-ties and more than 1 million children in elementary and secondary schools.

State leaders tout the substantial in-crease in school funding with the pas-sage of Prop. 123 last year. That measure approved by voters sends $3.5 billion to schools during the next 10 years. But most school leaders will tell you that the money was already owed to schools and, second, it’s a short-term solution to a long-term problem.

Elected leaders on each side of the po-litical aisle trip over themselves to take credit for each initiative that puts even a small amount of money into classrooms or provides any opportunity to advance education. That’s because until recently, education was Arizonans’ No. 1 priority. That has been supplanted by illegal im-migration and border issues, according to a recent poll. But it’s still a close second.

Parents, taxpayers and voters care about how our schools perform and how much money they receive. The state pays about $4,000 for each student in our K-12 system.

With the expansion of the Empow-erment Scholarship Accounts passed by the legislature and signed by Gov. Doug Ducey, public schools will see a reduction in students and dollars. And conversely, private schools will see a substantial in-crease in our tax dollars.

Over the next five years, one of the most interesting political undercurrents will be whether this grand experiment to divert public dollars to private schools improves our educational outcomes and in the process win glowing praise from parents. Or will this move starve already economically distressed schools and cre-ate an uprising among parents and voters? Elections, as they say, have consequences. And public policy decisions have ramifi-cations at the ballot box. Voters have the final say. n

Barrett Marson is a public relations consultant who works in the political, legislative and legal fields. He also hosts a podcast at www.copper-talkaz.com that focuses on politics.

The views and opinions expressed by the author in this column are his own and do not necessarily reflect the views and positions of the MCBA.

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SAVETHE DATESept. 15, 2017

BENCH-BAR CONFERENCEPhoenix Country Club


PROGRAM LOCATIONUnless otherwise specified, all programs are held at the Maricopa County Bar Association office at 303 E. Palm Lane, Phoenix 85004.

ATTENDANCE POLICIESADVANCE REGISTRATION Full payment must be received in advance of the program before you are considered registered.

LATE REGISTRATION Early Bird registration ends five days prior to the program date. Late registration is an additional $15. For example, registrations for a Sept. 17 program must be paid by Sept. 12 in order to receive early bird pricing.

WALK-INS You may register at the door if space is available; the $15 fee will apply. If you do not register at least five business days in advance of a program, MCBA cannot guarantee space or availability of materials.

CANCELLATIONS/REFUNDS Refunds, less a $25 fee, will be issued only if the MCBA receives your cancellation, in writing by mail, fax at (602) 257-4200, or email [email protected] at least two business days prior to the program.

NO SHOWS If you registered and paid, but could not attend, you may request that materials be sent to you, free of charge (allow 3-4 weeks). If audio media is available, registrations may be converted to a self-study package for an additional $15 charge.

THREE WAYS TO REGISTER

Register online at:www. maricopabar.org. Click on “CLE/Events” at the top menu and then “CLE Calendar.”

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The Financial Distress Clinic is a rewarding and worthwhile way to give back to the legal community and provide assistance to those most in need. Please join us for a primer on the issues most commonly seen by FDC vol-unteers and become empowered to volunteer yourself. Distinguished panelists Thomas Al-len, David Engelman and Cody Jess will en-gage in a panel discussion on topics such as when and why to file for bankruptcy relief, collectability of judgments and the implica-tions of the Fair Debt Collection Practices Act. This CLE is FREE and includes lunch!PRESENTERS: Thomas Allen, Allen Barnes & Jones, PLC; Cody Jess, Schian Walker, PLC; David Engelman, Engelman Berger, PC

MAY 8 n NOON TO 1 P.M. (Lunch included)Family Law Ethics: 30 Tips for Avoiding Claims in 60 MinutesSPONSORED BY: Family Law Section1 CLE ethics credit hour available

This CLE will cover the following topics:n Avoiding bad clients (conflict checking)n Firing really bad clients (and what not to

put in a motion to withdraw)n How to get paid (fee agreement terms and

billing)n When to get an order of protection (safety

first)n Professionalism tips to enjoy practicing law

PRESENTER: Lynda C. Shely, The Shely Firm, PC

COST: (Early Bird Pricing/Regular Rate): n MCBA members: $70/$85 n MCBA Family Law Section members: $65/$80 n MCBA Paralegal & Public Lawyer Division members: $50/$65 n Non-members: $95/$110 n MCBA student members: $15/$30 n Bring your paralegal/legal assistant: $30/$45Early bird pricing ends May 1

MAY 11 n 7:30 A.M. TO 9 A.M. (Breakfast included)Retirement Accounts: Planning & Distribution EssentialsSPONSORED BY: Estate Planning, Probate & Trust Section1.5 CLE credit hours availableThis seminar will discuss the use of a conduit trust to provide for beneficiaries of retirement accounts. Retirement accounts often comprise the largest asset in the estate. Knowing how best to protect that asset is a vital part of any estate planner’s toolkit. The presentation will cover the pitfalls related to using trusts with retirement accounts.

Most CLEs are available for simultaneous webcast through West LegalEd or later viewing through the MCBA CLE Self-Study Page. ( )

NEW CLE SELF STUDY WEBSITE Participating in CLE courses just got easier with our new

self study website! Go to maricopabar.bizvision.com for downloadable videos and course materials.

Sponsored by Real Estate Law Section May 10, 17 and 24, 2017

Noon to 1:30 p.m. (Lunch included)MCBA office, 303 E. Palm Lane, Phoenix, AZ 85004

EARLY BIRD PRICING

$90 MCBA member$80 MCBA Real Estate Law Section member $65 MCBA Public Lawyers & Paralegal Division member$125 Non-member$15 MCBA student member$30 Bring your paralegal

EARLY BIRD PRICING ENDS May 10 for Session I May 17 for Session II May 24 for Session III

S E S S I O N IWEDNESDAY n MAY 10Ethics Considerations in Conduct-ing Real Estate Transactions 1.5 CLE ethics credit hours available This CLE will cover the following topics:n Identifying who is and is not a clientn How many parties you can represent in one

transactionn When you don’t have to communicate with

a clientn How much you can limit the scope of your

representationn The proper use of the firm’s trust accountPRESENTER: Lynda C. Shely, The Shely Firm, PC

S E S S I O N I IWEDNESDAY n MAY 17Commercial Real Estate Purchases and Sale Agreements1.5 CLE credit hours availableThis CLE will cover the following topics:n Standard provisions drafters typically

overlook, but shouldn'tn Special provisions when the real estate is

also a businessn Defining what is and what is not being

bought/sold

n Why the title inspection period is so critical to buyers

n Why conditions precedent are so impor-tant to the parties

PRESENTER: Janet E. Jackim, Sacks Tierney, PA

S E S S I O N I I IWEDNESDAY n MAY 24Due Diligence in Commercial Real Estate Transactions1.5 CLE credit hours available This lunch seminar is designed to benefit any attorneys that are involved in commer-cial real estate transactions, whether or not real estate is their primary practice area. The discussion will cover such topics as physical inspections, surveys, environmen-tal reports, financial analysis and review of existing leases. This seminar will also pro-vide real-life examples that illustrate the importance of conducting a thorough and comprehensive investigation prior to pur-chasing commercial property.PRESENTER: Howard J. Weiss, Jennings Strouss, PLC

M AY 2 0 1 7REAL ESTATE FUNDAMENTALS SERIES

REGULAR PRICING

$105 MCBA member$95 MCBA Real Estate Law Section member $80 MCBA Public Lawyers & Paralegal Division member $140 Non-member$30 MCBA student member$45 Bring your paralegal


PRESENTERS: Mark E. House, Becker & House, PLLC; Betsy Seligman Gometz, CFPCOST: (Early Bird Pricing/Regular Rate): n MCBA members: $90/$105 n MCBA EPPT Section members: $80/$95 n MCBA Paralegal & Public Lawyer Division members: $65/$80 n Non-members: $125/$140 n MCBA student members: $15/$30 n Bring your paralegal/legal assistant: $30/$45Early bird pricing ends May 4

MAY 12 n NOON TO 1 P.M. (Lunch included)The Sexy and Dangerous Side of Dealing With the Media1 CLE ethics credit hour availableYou see them on the television, you hear them on the radio and you see them on web-sites … those attorneys who venture out and talk to the media about their cases or oth-ers. How did they get there? How do they do that? Are they allowed to do that? Did they really just say that? These are ques-tions that probably float through your mind as you are listening and/or watching them. This presentation will explore the answers to those questions and help you understand the realities and practicalities of speaking to the media as well as the legal and ethical impli-cations of doing so. Yes, we will talk rules but we will also discuss the danger and the excitement involved in this crazy world. PRESENTER: Monica K. Lindstrom, Monica Lindstrom MediationsCOST: (Early Bird Pricing/Regular Rate): n MCBA members: $70/$85 n MCBA Paralegal & Public Lawyer Division members: $50/$65 n Non-members: $95/$110 n MCBA student members: $15/$30 n Bring your paralegal/legal assistant: $30/$45Early bird pricing ends May 5

MAY 19 n NOON TO 1:30 P.M. (Lunch included)Arizona Automobile Insurance Law: Understanding Uninsured and Underinsured Motorist CoveragesSPONSORED BY: Personal Injury Law Section1.5 CLE credit hours availableThis presentation will help you better un-derstand both Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM), the public policy rationale underlying each coverage, as well as the practical applica-tion of these important automobile insurance coverages in various hypothetical (and not-so-hypothetical) collision scenarios. Whether your practice focuses on personal injury law or you simply wish to learn more about UM and UIM coverages, you will walk away with a greater understanding and appreciation of these valuable insurance coverages.PRESENTER: Andrew J. DeFusco, DeFusco Law, PLCCOST: (Early Bird Pricing/Regular Rate): n MCBA members: $90/$105 n MCBA Personal Injury Law Section members: $80/$95 n MCBA Paralegal & Public Lawyer Division members: $65/$80 n Non-members: $125/$140 n MCBA student members: $15/$30 n Bring your paralegal/legal assistant: $30/$45Early bird pricing ends May 12

May 2017 CalendarAll events at MCBA office, unless

otherwise specified.

1 Litigation Section Board Meeting Noon-1 PM CLE: Impact of President Trump’s Immigration Executive Orders 1-2 PM Maricopa Lawyer Editorial Board Meeting 5:15-6:15 PM Fair or Foul? Law Day Panel 6-7 PM, ASU Law School 3 Young Lawyers Division Board Meeting Noon-1 PM 4 Construction Law Section Board Meeting Noon-1 PM 5 Estate Planning Section Board Meeting 7:30-8:30 AM CLE: Financial Distress Clinic: Nuts and Bolts 11:30 AM-1 PM 7 MCBA Family Day at Great Skate 3:30-6 PM Great Skate, Glendale 8 CLE: Family Law Ethics: 30 Tips for Avoiding Claims in 60 Minutes Noon-1 PM Membership Committee Meeting 12:15-1:15 PM Paralegal Division Board Meeting 5:30-6:30 PM 9 Personal Injury Law Section Board Meeting Noon-1 PM Solo/Small Firm Division Board Meeting Noon-1 PM 10 Bankruptcy Section Board Meeting 7:30-8:30 AM Environmental Section Board Meeting Noon-1 PM CLE: Ethics Considerations in Conducting Real Estate Transactions Noon-1:30 PM 11 CLE: Retirement Accounts: Planning & Distribution 7:30-9 AM 12 CLE: The Sexy and Dangerous Side of Dealing With the Media Noon-1 PM

16 Family Law Section Board Meeting Noon-1 PM17 Volunteer Lawyers Project Board Meeting Noon-1 PM CLE: Commercial Real Estate Purchases and Sales Agreements Noon-1:30 PM

18 Employment Law Section Board Meeting Noon-1 PM Board of Directors Meeting 4:30-5:30 PM

19 Criminal Law Section Board Meeting Noon-1 PM CLE: Arizona Automobile Insurance Law: Understanding Uninsured and Underinsured Motorist Coverages Noon-1:30 PM

20 Paralegal Career Day 7:15 AM-1 PM23 Real Estate Section Board Meeting Noon-1 PM24 Maricopa County Bar Foundation Board Meeting 7:30-8:30 AM CLE: Due Diligence in Commercial Real Estate Transactions Noon-1:30 PM

25 Diversity and Inclusion Board Meeting Noon-1 PM 30 Public Lawyers Division Board Meeting Noon-1 PM Maricopa Lawyer Editorial Board Meeting 5:15-6:15 PM

Please watch your MCBA E-News for updated information about meetings and events.

By Peggi Cornelius, VLP Programs Coordinator

John F. Gordon is an experienced trial attorney with a quick wit and a wealth of knowledge he brings to bear in the pursuit of a more just society. For his pro bono service to tenants with civil law problems, the Volunteer Lawyers Program has honored him as “Attorney of the Month.”

In response to questions about his youth and what influenced him to attend law school, Gordon quips about hitching posts in front of the Phoenix elementary school he attended. Then he reverently describes the influence of his parents and a very prominent local activist, Monsignor Edward J. Ryle, who was the execu-tive director of the Arizona Catholic Confer-ence from 1984 until 2003 and worked tire-lessly to represent the concerns of children the elderly, and those affected by mental illness.

“My parents were social workers,” he says. “Dad was the director of social work at the Ari-zona State Hospital for many years and some-times brought patients home as dinner guests. My mother worked at both Jewish Family Ser-vices and Catholic Social Services. When she brought Monsignor Ryle home for dinner, I was fortunate to occasionally play chess with him.”

During grade school, Gordon recalls par-ticipating in a mock trial that sparked his inter-est in law. His undergraduate studies at Arizona State University began with history, then social


The Volunteer Lawyers Program is a joint venture of Community Legal Services and the Maricopa County Bar Association

VLP ATTORNEY OF THE MONTHAttorney earns coveted honor for going the extra mile for clients

John F. Gordon

ADOPTION

Joy L. Isaacs Snell & Wilmer

Sarah J. MichaelLaw Office of Sarah J. Michael

Bankruptcy

David Wm. EngelmanEngelman Berger

Jillian HindoShahan & Hindo

COURT ADVISORS FOR CHILDREN IN FAMILY

COURT

Kim S. AndersonOffice of the Attorney General

Florence M. BruemmerLaw Office of Florence M.

Bruemmer

Jason B. CastleJaburg & Wilk

Stasy D. ClickASU Alumni Group

Annette M. Cox Law Office of Annette M. Cox

Joshua Phillip De La OssaDe La Ossa & Ramos

Gregory O. HingStockton & Hing

Kathleen StillmanFromm Smith & Gadow

Alicia Meier WolfsonSole Practitioner

Claudia D. WorkCampbell Law Group Chartered

GUARDIANSHIP OF INCAPACITATED ADULTS

Colleen M. JohnsonBlue Cross Blue Shield of

Arizona

David J. OuimetteDickinson Wright Mariscal

Weeks

GUARDIANSHIP OF MINOR CHILDREN

Stephen BenyiBryan Cave

John E. DeWulfCoppersmith Brockelman

Maria HubbardPolsinelli

Joy L. Isaacs Snell & Wilmer

Maricela Moffitt-BrownBrown & Hasiotis

Edwin G. RamosDe La Ossa & Ramos

Wesley R. RobinsonBallard Spahr

Nancy E. TribbenseeArizona Board of Regents

SOCIAL SECURITY

Mark R. CaldwellLaw Office of Mark Caldwell

Linda C. DayDay Law Office

TRANSACTIONAL ASSISTANCE TO

CHARITABLE ORGANIZATIONS:

Otto ShillJennings Strouss & Salmon

**PRO BONO SPOTLIGHT ON CURRENT NEED**Experienced federal court practitioners are needed to provide brief legal help to unrepresented civil litigants at the new Federal District Court Self-Service Clinic. To volunteer or to get more information, please contact VLP Director Pat Gerrich at [email protected] (602) 254-4714.

Volunteer Lawyers Program Thanks AttorneysThe Volunteer Lawyers Program thanks the following 25 attorneys and firms for

agreeing to provide pro bono representation on cases referred by VLP to help people with low incomes. VLP supports pro bono service of attorneys by screening for financial need and legal merit and provides primary malpractice coverage, donated services from professionals, training, materials, mentors 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 (602) 254-4714 or [email protected]. n

The Volunteer Lawyers Program provided $3,285,147 in economic benefit to families through cases completed during 2016.

Thanks to all who participated and supported VLP!

(List updated April 17, 2017)

For a single payment of $500, Sustaining Members receive unlimited attendance at live Continuing Legal Education programs and other benefits.For more information

or to become a Sustaining Member, please contact Membership Coordinator Cynthia Quinonez at 602-682-8582.

Welcome, Sustaining Members!The MCBA is proud to welcome the following attorneys who have

joined the association as Sustaining Members for 2017:

Dr. Bruce L. Bauman

Ms. Barbara R. Berman

Ms. Kay Bigelow

Ms. Laura Kay Chapman

Mr. James C. Dutson

Ms. Magaly Fontes

Ms. Kina Harding

Mr. James R. Harrison

Ms. Leonnesia Herd

Hon. Carey S. Hyatt (Ret.)

Mr. Joseph S. Kelly Jr.

Mr. Jack Levine

Mr. Charles F. Myers

Mr. Rich J. Peters

Mr. Donald W. Powell

Mr. Michael Radosevich

Mr. James T. Rayburn

Ms. Terrie S. Rendler

Mr. James B. Rolle

Ms. Lynda C. Shely

Mr. Salim A. Shleef

Ms. Carol A. Soderquist

Mrs. Jennifer Stupski

Mr. Robert E. Thomson

Mr. Daryl Wilson

Mr. James P. Yeager

OFFICE SPACE

SHARE LUXURY SPACE IN BILTMORE AREA with established law firm. Located conveniently, 10 to 15 minutes from the Downtown and Northeast Courts. Remodeled in 2014, includes multiple con-ference rooms, large screen televisions. Signage, Internet access and telephone system available. Send email to [email protected] or call J. R. Schneider at 602-230-1265

OFFICE SPACE WITH RECEPTION AREA AVAIL-ABLE on Osborn just east of 7th Street. $800/month. Contact Roger Brown at [email protected]

EXECUTIVE SUITES AT 3001 E CAMELBACK RD. Amenities include: office with secretarial bay, sepa-rate suite available, receptionist, conference rooms, phones, on-site IT support, copy machine, kitchen, covered parking, and remodeled bathrooms. Con-tact Mari @ 602-424-4133

SERVICES

INSURANCE EXPERT WITNESS. The Insurance Ar-chaeologist™. Robert E. Underdown, AINS, SIA, AIC, ARM. Plaintiff and Defense cases. Agent/Bro-ker Standards, Bad Faith Claims, Fair Claims Prac-tices Standards, Coverage Opinions and Life Insur-ance Suitability Opinions. www.Insurance-Expert.com, [email protected], 480-216-1364

FARMER & ASSOCIATES- Investigation and Con-sulting Services. We are a full service Investiga-tion Agency Specializing in Financial investigation Background checks, Due Diligence, Locate Hidden Assets. Contact us 602-843-0231 Email: [email protected]

REAL ESTATE SPECIAL COMMISSIONER- Con-cierge Realtor, Trained Mediator. Experienced in Court appointments priced from $100,000 to $6,000,000. Contact Chris Carter Kent at 480-388-0662, [email protected], or ChrisCarter-Kent.com

CLASSIFIEDSTo place a classified ad, please e-mail

[email protected] or call (602) 257-4200.

psychology, and eventually he earned his degree in speech. Although he was born in Minnesota, Gordon’s family had moved to Arizona when he was 3 years old. Reflecting on law school at the University of Minnesota, his most prominent memory is climate shock.

“In Minnesota, water is a solid six months of the year! We did laps around a field on cross country skis to

avoid cabin fever,” he says. When Gordon returned to sunny Arizona

to practice law, he unquestioningly made pro bono work a part of his professional life. Con-ducting tenants’ rights advice clinics at VLP, Gordon meets with individual tenants whose difficulties often involve habitability issues that can affect their health. One especially egre-gious matter stands out in his memory.

“In this case, I represented the parents of two small children residing in a home where their average water bill was $66 a month,” he says. “Suddenly, one month, they received a water bill for two months’ use at a total cost of $2,500. They immediately contacted the landlord and the city water department. The problem stemmed from an invisible water leak under the foundation of the house. While the landlord paid for repairs, the resulting water bill remained. Being unable to pay the bill in full, the couple began making partial payments, but a late fee of $100 was added to the balance each month. When they came to VLP, the water had been turned off because they had been unable to keep up with the escalating expenses. The family had been left without water for bathing, cooking or cleaning for two months! Decent, affordable housing is not readily available to people of limited means in Arizona. That alone is a notable challenge for people I meet at VLP; but when they are faced with unlivable condi-tions and saddled with debt through n

inside nominations being may 2017 accepted for the 2017 volume 36… · volume 36, number 5 in the...

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