< PreviousMy 18-year-old daughter, Sarah, recently shared an interesting com- plaint. She rarely checks her email and missed an important message. “Why can’t everybody just text?” she lamented. Sarah is not alone in her disdain for email. Microsoft Teams makes much more sense than Out- look to millennials or post-millenni- als. Many older folks, like me, love Teams, too. Total Networks, my IT consulting business, switched from Slack to Teams internally a year ago. I was honestly a little hesitant initially. Teams was fairly new at the time and Slack was working well for the busi- ness, but Teams proved to be rock- solid immediately and kept getting better. We have since implemented Teams at a number of our clients and it is proving to be popular with them as well. Microsoft wants Teams to become a platform for a new way of doing business. Tremendous development efforts are underway not only by Mi- crosoft, but also with third parties that are developing applications that integrate with and extend the func- tionality of Microsoft Teams. This in- cludes applications such as LawTool- box’s Deadlines which integrates with the product. Microsoft Teams runs on your PC and phone providing convenient ac- cess everywhere. A web browser cli- ent is available as well. The applica- tion supports both one-on-one as well as group conversa- tions that are prominently displayed. Meetings may be scheduled directly from within Teams and may be held as online video or audio meetings through the application. Various tabs located at the top of each Team page provide access vari- ous functions including files associ- ated with the team. This provides a convenient way to coordinate co- authoring of files, allowing multiple people to edit the same document si- multaneously. If you are interested in using Teams at your firm, designate one person to champion the project. This person does not need to be technically in- clined, but they must understand how your firm operates. Pick someone with the strongest ability to optimize your business workflow. Have them install the application and get familiar with it. Training is recommended and a knowledgeable consultant can be very helpful. The basic structure of Teams is comprised of: Teams of people that work together and Channels within each team that establish separate dis- cussion threads, groups of files, etc. The simplest approach is to look at your organization and determine groups of people that work together and create teams that mirror that. It is common for individuals to be mem- bers of multiple teams. It is all about who should be communicating and collaborating with each other. There are many ways to organize teams. Some firms might create a team for each client with a channel in the team for various matters. Or a separate team for each matter may be more appropriate. Think through the various possibilities and plan it out, including who will be the “owner” of teams and who will be “members” of the team. Discussing this with a knowledgeable consultant can be helpful. Pay close attention to allowing Guest access. If you choose to enable this feature, establish clear policies and procedures to avoid oversharing. Document under which circumstanc- es Guest access may be allowed as well as an approval process for invit- ing guests. I also recommend clearly labelling any teams with guests, per- haps as “<Team Name>-EXTERNAL” or “<Team Name>-INCLUDING CO-COUNSEL.” While Microsoft Teams already provides a warning for any team that includes guests, it may easily get missed if you aren’t looking for it. My firm has found that migrating files from a local file server or other online file storage into SharePoint Online is an excellent first step. Then, when teams are created, they may be linked to files that exist in SharePoint Online. If you have a Document Man- agement System (DMS), you’ll need a plan to manage what kind of files, if any, belong in a particular team. Some limited linking functionality may also be established from your teams to your DMS. If you don’t have a DMS, Teams and SharePoint Online offer some DMS features. Properly imple- mented, Teams and SharePoint may significantly improve your firm’s doc- ument management. Last, but certainly not least, a solid training plan to educate employees on how the firm intends to use Microsoft Teams is essential. DAVE KINSEY | Technology How Microsoft Teams Can Improve Your Legal Practice Dave Kinsey is the president and owner of Total Networks, the technology adviser to Arizona’s law firms. Mr. Kin- sey is on the technology committee for the State Bar of Arizona, has presented at several CLE seminars on the topics of technology security and data protection, and his team is the first and only Arizona IT company to earn the CompTIA Security Trustmark, certifying that Total Networks meets or exceeds security best practices. For questions about Microsoft Teams or Office 365, email me at dkinsey@totalnetworks.com. 10 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 11 NO. 6T his is one to share with your cli- ents because the odds are they will be in another crash and they will ask you to represent them again. With the conversations I have had with patients it is rare that anyone has a full understanding of what cov- erage they have let alone what cover- age they may need. As of July 1, 2020, the required min- imum liability coverage for automo- bile insurance in Arizona will go up from 15/30/10 to 25/50/15. As a per- sonal injury attorney, the increased limits bring with them the possibility of larger settlements along with the probability of greater challenges to get those extra funds delivered. It has been a long time since $15,000 was adequate to cover some- one’s medical bills and compensation for pain and suffering. Raising that limit to $25,000 puts Arizona more in line with most other states. It still falls far short of what it should be. The in- crease from $30,000 to $50,000 for all parties injured in a crash is still sub- ject to a $25,000 limit per person. The third number going from $10,000 up to $15,000 is to cover property damage. In most cases where the vehicle can be repaired this number should be adequate. Since there are few vehicles on the road with a market value below either of these thresholds it is not unusual for the adjuster to simply total the car. Even with the increased limits it is important to carry additional cover- age. A few years ago, I was told that 47% of the vehicles on the road in Arizona have minimal or no cover- age. Given these odds any one of your clients driving with bare-bones mini- mum coverage is at risk of taking a financial beating. A trip to the emergency depart- ment with a CT scan to rule out a brain bleed or fracture along with ad- ditional testing will usually run up a bill around $10,000. Add to that the care, testing, referrals to specialists, and possible need for future surgery and $25,000 will come up short. For anyone hoping to get their ve- hicle repaired for under $15,000 they are at great risk if their vehicle is less than 10 years old. With property damage, any of your clients, especially those driving a vehicle worth more than $15,000 should have collision and comprehensive coverage to en- sure that their own insurance will pay for the repairs first and then seek re- imbursement from the at fault party’s carrier. More importantly, with the issue of personal injury, every driver should carry UM/UIM (uninsured motor- ist/under insured motorist) coverage. While this creates a new challenge for you as their attorney, it at least offers the possibility that there is additional coverage to protect them from those 47% who drive with minimal or no coverage. As you know once you have se- cured policy limits from the at fault drivers’ coverage additional compen- sation can be collected from your cli- ent’s UM/UIM coverage. For those who own a home and have assets that could be at risk an umbrella policy is the least expensive and probably most effective coverage available. Depending upon their in- surance carrier, these policies are typ- ically written at $1,000,000 on policies with liability coverage of $250,000. From your perspective when the re- sponsible party has a $250,000 limit there is considerable probability they also have at $1 million umbrella. With these cases rather than $250,000 the liability limit becomes $1,250,000. The other thing that should be on your client’s coverage is MedPay. In- surance agents are incentivized to not write this into a policy. Typically, when added it offers $5,000 worth of medical coverage. Unfortunately, agents will tell your clients that they do not need this because their health insurance would cover medical cost. There are two problems here. First, these days most health insurance pol- icies have a $5,000 deductible which comes out of the patient’s pocket be- fore their health insurance pays a sin- gle cent. Five thousand dollars worth of MedPay would cover that deduct- ible expense. Second, insurance companies can- not recover the first $5,000 of MedPay coverage with subrogation. As such, this leaves an additional $5,000 in the settlement to divide appropriately. The additional cost to your client for this coverage will usually be less than $100 per year. That is less than the typical cost of any healthcare visit. As Alan King used to tell us, “When you buy a policy from an insurance company you are betting against yourself and hoping the other guy wins.” Given the statistical probability of 1:25 that anyone will be in a crash in any given year, it seems that while you hope you do not need the cov- erage, chances are that you will. BILL GALLAGHER, DC, CMVI | Chiropractor Scottsdale chiropractor, Bill Gallagher has taught personal injury seminars across the United States and Europe through the American Academy of Motor Vehicle Injuries. He also offers support to attorneys with Phoenix Medi- cal Legal Services and the Concussion Recovery Center. He can be reached at drbillgallagher@yahoo.com or (480) 664-6644. Automobile Insurance Issues “As of July 1, 2020, the required minimum liability coverage for automobile insurance in Arizona will go up from 15/30/10 to 25/50/15.” 11With this month marking the 40th anniver- sary of Squire Patton Boggs’ Phoenix office, it is clear it has grown in tandem with the firm, reflecting a collaborative, entrepre- neurial spirit. Squire Patton Boggs is a full- service firm providing insight at the point where law, business and government meet. A multidisciplinary team of more than 1,500 lawyers across 44 offices in 19 countries pro- vides seamless service that operates on any scale – locally or globally – and encompass- ing virtually every matter, jurisdiction and market. LAW FIRM OF THE MONTH Squire Patton Boggs Celebrating its Start and Looking Toward the Future BY JACKSON WILLIAMS 12 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 11 NO. 613T he Phoenix office was established October 1, 1979. From its humble beginning as a one- lawyer office focused predominantly on public finance, the Phoe- nix office now counts 37 lawyers serving as a “one-stop shop” for regional, national and international clients in widely diverse practice areas. “We’ve always enjoyed the benefits of a global platform as well as strong local relation- ships. However, the addition of a preeminent public policy team when we merged with lob- bying powerhouse Patton Boggs a few years ago was a true game-changer,” said Managing Partner Pedro Miranda. The Phoenix office’s client base is as expan- sive as its international reach. Clients range from Fortune 100 and FTSE 100 corporations to startups and developers to municipalities, as well as state and federal governments and agencies. Rick Stilgenbauer, public policy advisor, explained, “We focus on a range of Arizona, national and international issues and help cli- ents assess, in advance or in real time, what government policies could affect their busi- ness interests.” With 15 years of experience in government relations, Stilgenbauer most recently served as director of Arizona Opera- tions and Outreach for the late, former U.S. Senator John McCain. Squire Patton Boggs’ global Public Policy Practice added former U.S. Congressmen Jo- seph Crowley (D-NY) and Bill Shuster (RPA) in February 2019. Their addition enhances the firm’s unrivalled bipartisan credentials that already include former Speaker of the House John Boehner (R-OH), Senate Major- ity Leader Trent Lott (R-MS), Senator John Breaux (D-LA), Representative Jack Kingston (R-GA), Secretary of Transportation Rodney Slater (D-AR) and a deep roster of experi- enced professionals spanning major capitals across six continents. The Phoenix office has provided its clients and local commerce orga- nizations with access to high-profile policy in- fluencers through a number of initiatives over the years. Brad Wright, partner, added, “Understand- ing the changing policy landscape is key to long-term business success. Our top-level ex- perience and networks help clients fine-tune their risk strategies and shape the environ- ments in which they operate.” COLLABORATION AND COLLEGIALITY When asked to describe the culture at Squire Patton Boggs, litigation partner, Bri- an Cabianca, explained, “The collaborative nature of our office and our firm is what has allowed us to provide clients with top caliber services across all practices and geographies. Our genuinely collegiate culture emphasizes working together to best serve our clients’ in- terests here in Phoenix and across the globe.” THE FIRM HAS LONG RECOGNIZED INCLUSION AND DIVERSITY AS A CORE STRENGTH AND FUNDAMENTAL TO ITS SUCCESS. PEDRO MIRANDA AND BRIAN CABIANCA We’ve always enjoyed the benefits of a global platform as well as strong local relationships. However, the addition of a preeminent public policy team when we merged with lobbying powerhouse Patton Boggs a few years ago was a true game- changer.” 14 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 11 NO. 6Corporate partner Jaime Daddona elaborated, “As cross-border trade, in- vestment and collaboration continue to accelerate, our practice has become increasingly globalized to keep pace. Squire Patton Boggs’ global platform allows me to partner with clients do- ing business in a complex and inter- connected global market, while ac- cessing the best industry and subject- matter legal specialists who can prac- tice seamlessly across jurisdictions. It is wonderful to be in the desert oasis of Phoenix while servicing clients both far and near. “For example,” added Daddona, “at one point recently, much of our Phoenix corporate team was en- gaged on transactions in the United States, London, Paris, Tokyo, Sydney and Auckland, proving that our ‘One Firm’ platform is an innovative, effi- cient and cost-effective way of meet- ing our clients’ needs wherever and whenever.” DYNAMIC, VIBRANT PLACE TO WORK The Phoenix office is a dynamic, vi- brant place to work as evidenced by its selection among Phoenix Business Journal’s Best Places to Work for three consecutive years. The office compo- sition is of established lawyers whose successes have shaped the office the past four decades, and a strong, di- verse team that is poised to be the next generation of leaders. “Our commitment to our core val- ues and to each other will result in a thriving office that is a vital compo- nent of the firm’s overall success,” said Miranda. These core values that emphasize a strong commitment to professional development, to diversity and to the community have made Squire Patton Boggs a place where lawyers want to practice and clients want to seek legal, business and policy guidance on the issues that matter most to them. COMMITMENT TO PROFESSIONAL DEVELOPMENT Another aspect of Squire Patton Boggs’ culture is its investment in cre- ating and offering resources to law- yers and staff – at every level – that support and advance their profession- al and personal goals. Development opportunities include formal and in- formal mentoring programs, learning and skill training courses (such as we- binars, CLE courses, workshops). We have a dedicated year-long onboard- ing process for new laterals which ensures they transition and integrate into the firm with ease. Other areas of firm support include sponsoring employees’ continuing education, certification courses and professional memberships. Professional development is essen- tial for empowering the next genera- tion of firm leaders with the tools for long-term success. U.S. associates are invited to Squire Patton Boggs Uni- versity (SPBU) where they receive training on a number of subjects, in- cluding: confidentiality, ethics, time management, billing, and what to expect as a first-year associate, in ad- dition to offering mentoring and net- working opportunities. “I’ve been a walking billboard for this firm since the day I started,” said Alexis Montano, associate. “I imme- diately knew this was the place for me. From day one – as a first-year associ- ate – I was provided with opportuni- ties to work with clients and attorneys from across the firm which validated for me that my colleagues trusted my judgment and saw me as a valued member of the team. We have an of- fice managing partner who believes in us and ensures we get the experience and opportunities we need to success- fully grow and develop in our legal careers.” COMMITMENT TO DIVERSITY As a global law firm, diversity comes naturally to Squire Patton Boggs. Rather than a loose confedera- tion of offices and practices, it func- tions as a single unit, composed of people from various countries, cul- tures and backgrounds. Diversity is also reflected throughout firm lead- ership, with 50 percent of the Global Board members being women or eth- nically diverse, and with 34 percent of all global leadership positions being held by women. “One of the things that makes me most proud about working at Squire Patton Boggs is its dedication to pro- viding a diverse workplace. We bring a variety of different people from vari- ous backgrounds together, and devel- op the best legal solutions to business problems for our clients by creating an inclusive environment that fosters productivity and profitability across our firm,” said Miranda. “The firm is committed to recruit- ing, training, advancing, and sup- porting its women lawyers, providing the platform and global connections necessary for the most sophisticated and challenging legal work, without sacrificing work-life balance,” said partner Laura Lawless. “We recognize that legal practice is a marathon, not a sprint, and provide mentoring, al- ternative work schedules, and accom- modations to our women lawyers, particularly those with young fami- lies, so that the firm and its clients can continue to benefit from their extraordinary talent and insight. This supportive collaboration among part- ners, colleagues, and staff has enabled me – a single mother of two young children – and many others to bal- ance our personal lives with the needs and interests of our clients, as the firm is continually enriched by the unique perspective a truly diverse group of lawyers provides.” Squire Patton Boggs has long rec- ognized inclusion and diversity as a core strength of the firm and fun- damental to its success. Yale Law Women selected the firm as a 2019 Top Ten Firm for Gender Diversity, recognizing it as a nationwide leader for its commitment and policies for inclusion and diversity. The firm was named to Working Mother magazine’s 2019 Best Law Firms for Women, an annual list highlighting 60 firms that utilize best practices in recruiting, retaining, promoting and develop- ing women lawyers. Additionally, the firm achieved a 100 percent rating in the 2019 Corporate Equality Index, published by the Human Rights Cam- paign Foundation, for the 11th con- secutive year. COMMITMENT TO THE COMMUNITY Connection to, and commitment to, the Phoenix community is a top priority for the office. The Phoenix LAW FIRM OF THE MONTH 15At a Glance SQUIRE PATTON BOGGS 1 E. Washington St., Suite 2700 Phoenix, AZ 85004 (602) 528-4000 www.squirepattonboggs.com PHOENIX PRACTICE AREAS Corporate M&A Environmental, Safety and Health Finance Labor and Employment Litigation Public Finance and Infrastructure Public Policy Real Estate Restructuring and Insolvency GLOBAL REACH 44 offices in 19 countries 2,600 Global Employees 1,500+ Lawyers 500+ Partners HONORS, AWARDS RECOGNITIONS Recognized for Corporate M&A in Arizona, Chambers USA Recognized for Labor & Employment in Arizona, Chambers USA Best Places to Work in Arizona, Phoenix Business Journal, 2016-2018 Represented 19 of Top 25 Largest Public Corporations in Arizona Represented 15 out of 18 Arizona-based Fortune 1000 companies COMMUNITY INVOLVEMENT Arizona Humane Society Chicano-Latino Law Students Association Great Hearts of America Herberger Theatre Center HeroZona Foundation Phoenix Children’s Hospital Foundation Sprouts Healthy Communities Foundation TGen Foundation PROFESSIONAL ORGANIZATIONS Arizona Captive Insurance Association Arizona Chamber of Commerce and Industry Arizona City/County Management Association Arizona Commerce Authority Arizona Zanjeros Chandler Chamber of Commerce Government Finance Officers Association of Arizona Greater Phoenix Economic Council Greater Phoenix Leadership Urban Land Institute Valley Partnership lawyers are active not only within the local and inter- national bar organizations, but also in many profes- sional, charitable and civic organizations. Miranda noted, “We believe that it is of the utmost importance to be active in the community. Phoenix has grown to be fifth largest city in the United States; much of that growth is in part, thanks to the out- standing state and city business organizations that we strongly support, such as the Greater Phoenix Economic Council, Arizona Chamber of Commerce, Chandler Chamber of Commerce and the Arizona Sports & Tourism Authority, just to name a few.” He also added, “It is a pleasure to be involved with the arts and various charities, as well. I am on the board of the Herberger Theater and countless of our lawyers and business staff generously give their time, talents and financial resources to causes that are near and dear to their hearts. We are fully committed to giving back to the place we are proud to call home and are honored to take an active part in shaping a posi- tive future for The Valley of the Sun.” LOOKING TO THE FUTURE The natural question that comes up whenever a milestone like a 40th anniversary passes is, “What’s next?” Miranda responded, “As we enter the next chapter in our history, we are focusing on expansion in three primary areas: client relationships, recruit- ment and revenue. Our goal is to continue to be a leading law firm in Arizona and the ‘go-to’ firm for established and emerging companies and for govern- ment bodies in our state and region, as well as the most desirable practice destination for new and sea- soned lawyers.” Though Squire Patton Boggs, as well as the Phoe- nix office, has undergone extraordinary growth over its history, the firm continues to exemplify the com- mitment to legal excellence, professionalism and civic and social commitment that its founders established many years ago. NEXT GENERATION OF PHOENIX OFFICE AND COMMUNITY LEADERS Attorney of the Month Law Firm of the Month Solo Practitioner of the Month Young Attorney Spotlight Mediator of the Month And MoreM ore law firms are using in- house counsel to advise them on potential claims against the firm, as well as providing advice on ethics and risk management is- sues. In Arizona, under A.R.S. 12- 2234, in the context of civil cases, any communications between an attor- ney for a partnership or related en- tity – such as a law firm – and an em- ployee or agent of the partnership or related entity, made for the purpose of providing legal advice or obtaining information to provide legal advice, are protected by the attorney-client privilege. The question then becomes, how does one effectively protect such privileged communications with in-house counsel from disclosure should a claim later materialize? THE PALMER CASE A California decision provides guidance on the best practices for protecting communications with law firm in-house counsel. In Palmer v. Superior Court, a client hired a law firm to prosecute a lawsuit. Shelton was the partner in charge. The client soon threatened claims against the firm, but insisted it continue repre- senting him until he retained sub- stitute counsel. During that period, Shelton consulted with two attorneys within the firm, Swope and Christ- man, about the cli- ent’s complaints. When the cli- ent later sued the firm and Shelton for malpractice, the firm asserted that communications between Shel- ton and the in-house counsel were privileged. The firm submitted evi- dence that Swope was the firm’s Gen- eral Counsel and Christman was its Claims Counsel, and that they shared responsibility on claims handling and loss prevention. In-house counsel had many communications advising Shelton about responding to the cli- ent’s complaints and on how to han- dle the client relationship. Swope and Christman assigned another partner to supervise preparation of pleadings for the client, who communicated with Shelton as their “deputy.” The firm did not bill the client for time in- curred by Swope, Christman or their “deputy.” Daniel W. Hager | Insurance Daniel W. Hager is Corporate Counsel to AHERN Insurance Brokerage and has spent his career practicing in the fields of lawyers’ professional liability, risk management, and legal ethics. AHERN Insurance Brokerage is an indus- try leader in providing customized insurance solutions for law firms. As one of the largest full-service insurance brokerages in the country specializing in law firms, we currently deliver the most comprehensive programs to over 5,000 law firm clients. Contact an AHERN Professional at (800) 282-9786 or visit us online at AHERNinsurance. com to request a no-obligation quote. AHERN is an Official Member Benefit Provider of the State Bar of Arizona. Protecting Communications With Law Firm In-House Counsel Any communications between an attorney for a partnership or related entity – such as a law firm – and an employee or agent of the partnership or related entity, made for the purpose of providing legal advice or obtaining information to provide legal advice, are protected by the attorney-client privilege.” 18 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 11 NO. 6PRIVILEGED NATURE OF IN-HOUSE COUNSEL COMMUNICATIONS The court of appeal first recognized that, “Large law firms increasingly are hiring their own in-house counsel to provide day-to-day ethics advice, moni- tor internal policies and procedures, and respond to potential and actual mal- practice claims against the firm.” It then held that “an attorney who consults an- other attorney in the same firm for the purpose of securing confidential legal advice may establish an attorney-client relationship.” The court found the firm had not es- tablished an attorney-client relationship between Shelton and the “deputized” attorney, since he had not submitted a declaration and had worked on the cli- ent’s case. However, it found sufficient evidence of an attorney-client relation- ship between Shelton and in-house Gen- eral and Claims Counsel. The attorney- client privilege applied to their commu- nications. BEST PRACTICES FOR PROTECTING THE PRIVILEGE The surest way to ensure confidential- ity of legal advice remains to use outside counsel. Use of outside counsel raises no issues of divided loyalties of the firm to the client asserting the claim. Outside counsel has no relationship with the firm’s client and plays the traditional role of an independent lawyer retained to ad- vise the law firm client. However, Palmer confirms that inter- nal consultations with in-house counsel can also be protected. The court dis- cussed the following factors indicating a genuine attorney-client relationship with in-house counsel: 1. The firm must have designated an attorney or attorneys within the firm to represent it as in-house or ethics coun- sel, so that an attorney-client relationship exists prior to the time the consultation occurs. Regardless of firm size, officially designate a qualified attorney in the firm to serve as General Counsel, Claims Counsel, etc., with the express responsi- bility for advising the firm and its lawyers on avoiding and responding to potential claims and ethical issues. This designated counsel can serve as liaison to the firm’s errors and omissions carrier, for procur- ing and maintaining coverage, and man- aging claims. This function should be confirmed in a written policy. 2. Where a current client threatens lit- igation, in-house counsel must not have performed any work on that client mat- ter or a substantially related matter. 3. Time spent communicating with in-house counsel may not be billed to the client. 4. Communications must have been made in confidence and kept confiden- tial. Label all written communications as “Privileged & Confidential Attorney- Client Communications.” Written re- cords of such communication should not be maintained in the underlying matter file, but in a separate file for the potential claim that is protected from ac- cess by those not a party to the consulta- tions with in-house counsel. Designating an in-house General or Claims Counsel is a sound risk manage- ment tool for firms of all sizes. Carefully following the procedures addressed in Palmer will help protect the confidenti- ality of their advice. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only.Next >