< PreviousJack had been waiting to hear from opposing counsel about a deposition critical to a motion Jack was bringing. At a boisterous weekend family gathering, his cell phone buzzed; opposing counsel was confirming the deposition date. Prid- ing himself on promptly communi- cating, Jack immediately forwarded the email to the client, with a detailed explanation of how the deposition was important to the strategy for the motion. He copied his co-counsel on the message. Or at least he thought he had. The next morning the client asked why Jack had copied opposing counsel. In the commotion of the party, Jack had clicked the wrong email address sug- gested by his email program. His co- counsel and opposing counsel’s email addresses started with the same letter. There are ways to claw back uninten- tional communications of otherwise privileged emails sent to opposing counsel. But the cat is also out of the bag and opposing counsel now prob- ably knows the motion strategy and will prepare accordingly. A single misplaced click had created the po- tential for a malpractice claim. THE STRENGTHS AND WEAKNESSES OF EMAIL Email – and technology that lets one email from virtually anywhere, anytime – is a revolutionary commu- nication tool. Its positive attributes are legion and substantial, facilitating better communication and transmit- ting written materials as attachments instantly, at no additional cost. State Bar Associations have generally ap- proved its use without necessarily requiring encryp- tion, except in par- ticularly sensitive situations. But, as with most things, email pres- ents increased risk to lawyers as well. MISDIRECTED AND DISTRACTED EMAIL Jack’s story demonstrates some of those risks. Email (combined with cell phones and laptops) can lead law- yers to feel they are always on call for work. Unlike when letters took days to prepare and reach their destina- tions, email is instantaneous. Lawyers feel pressure to respond immediately, at any time of day or night. To prevent a situation like Jack’s, resist the urge to respond instantly to email. Allow yourself to find a place and time in which you can concen- trate, even if it means a slightly slower response. Distractions lead to mis- takes, like failing to properly address email – which email programs make rather easy to do with their helpful suggestions for email addresses. To avoid misdirected email, pay at- tention to the email recipients. One trick is to draft the subject line and body of the email first, and carefully add the email addresses only after the message is ready to go. This will also avoid the problem of sending incom- plete emails. USE CARE WITH CHAIN EMAILS AND “REPLY TO ALL” Chain emails are ongoing conver- sations on subjects, which are helpful for organizing email by subject mat- ter. But they can also cause problems when people forget who exactly is on the chain of recipients. In one case, a client was involved in a chain email with his counsel, which had previ- ously included the court and other parties. When the client used “re- ply to all” to respond to her lawyers with disparaging comments about the judge, the judge promptly responded to the slight in a way that mortified the client and his lawyers – and did not help her case. Err on the side of starting new email chains, rather than letting old ones go on ad infinitum. CC V. BCC Understand the difference between “cc” and “bcc.” In another case, a lawyer leaving a firm properly wrote to clients, colleagues, and many oth- ers about his joining another firm. He cc’d all recipients, rather than bcc them. Unfortunately, one of the recip- ients had an unknown grudge against the sender, and falsely replied to all – countless clients, judges, and many others – that the sender was a horrible person who was sexist and racist. Had the lawyer sent his departure message to everyone as a bcc, this terrible outcome could not have hap- pened. Only addressees listed as “cc” can reply to all. “Bcc” addressees can only respond to the sender. COOL OFF BEFORE SENDING THAT ANGRY EMAIL A single click can send an angry, counter-productive email that only makes matters worse. Take a deep breath, and let emotions cool before hitting “send.” Email makes it far too easy to react emotionally, before thinking things through. CHECK RULES ABOUT EMAIL TRACKING TOOLS Email software may allow send- ers to track when an email is opened, the recipient’s location, how long the email was viewed, how often it was opened, and whether the recipient forwarded it. Several jurisdictions have precluded use of tracking soft- ware in email to opposing counsel because of its intrusive nature. Deter- mine whether your jurisdiction has similar prohibitions. Like a hammer, email is an incred- ibly useful tool for lawyers. Use it carefully to get the job done. Avoid smashing your thumb in the process. Daniel W. Hager | Insurance A recognized expert in lawyers’ malpractice prevention and legal ethics, Daniel has provided consultations and risk management services to law firms for more than 20 years. Before joining AHERN as corporate counsel, Dan was a partner at AV-rated Roeca Haas Hager LLP, where he defended lawyers against malpractice and other claims for more than 25 years. AHERN Insurance Brokerage is an industry leader in providing customized insur- ance solutions for law firms. For more information, visit www.AhernInsurance.com. Email: A Powerful Tool – With Risks 20 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2Although the bail bond process has been around for hundreds of years, many attorneys and clients are unaware of the basic bail bond process in Arizona. For this rea- son, we have created this quick outline to answer some of the most common questions your clients might ask you. 1) WHAT ARE THE TYPICAL TYPES OF BONDS POSTED? Without getting into too much de- tail there are 2 types of bonds that are the most common: 1) Secure Bonds -which allows the bond company to take collateral and post with a written bond that holds that bail bond com- pany responsible for the full amount should the client get re-arrested or not show to court and 2) Cash Bonds – which requires that the bond be paid in full and with cash only. 2) WHAT IS THE STANDARD COST OF POSTING A BOND? Arizona requires a bail bond com- pany to charge 10% of any bond as their fee for a “Secure” Bond”. Bond companies can set up a minimum on this charge such as $150 minimum but can’t charge more than the 10% fee for a secure bond. If the bond is a “Cash Only” bond then the bond company has the right to charge what they feel is appropriate if they are go- ing to be supplying their own cash. All bond companies should be requir- ing collateral to secure the bond equal to or greater than the bond amount regardless of whether it is a “Secure” or “Cash” bond. 3) WHAT DO YOU TAKE FOR COLLATERAL? Most companies will accept Cash, Credit Cards, Electronics, Firearms, Jewelry, Vehicles and Homes/Prop- erty. Jewelry must be appraised. Cars must be registered and insured in Arizona, have a clean title and be paid for in full with no liens. Should prop- erty be used then that property must be current in payment of taxes and whoever owns the property must be able to provide mortgage statements, a deed, and proof of the value of the house with an appraisal. 4) HOW DO I PROTECT MY COLLATERAL/CASH SO I DON’T LOSE IT? That is one of the benefits of using a bail bonds company. Most require all clients to follow conditions of re- lease which include constant commu- nication, weekly check-ins, updated and current addresses, court updates along with open communication with the family/friends that put up their collateral. Additional conditions of release can be added per the Indemni- tor (person putting up collateral) re- quest. Ex (Curfew, No Contact, House Arrest, and Ankle Monitor) If you feel that the client will not go to court, is combative about the bond process, or is still running with a crowd that could result in additional police involvement, you have the right to revoke the bond and place that per- son back in jail. There are costs to revoking a bond and your bail bonds company should discuss all of these costs prior to the bond being posted. 5) WHEN DO I GET MY MONEY/ PROPERTY BACK? A bond is only a promise to ap- pear at court and is not affected by the guilt or innocence of the client. Once a judge has made his final rul- ing regarding the case, a letter of ex- oneration will be issued. Usually, the attorney will receive this exoneration once the case is over. This exoneration should be sent to the bond company immediately. If the attorney is unable to get this document from the court, a client or family member can go to the clerk of the court and request a copy as well. Once the bond company re- ceives the letter of exoneration and all outstanding fees have been paid, the bond company can close the account and return any collateral. A reputable bond company should return all col- lateral to its clients within 14 days. These are usually the 5 most com- monly asked questions regarding the bond process. Al- though you don’t need to know these items verbatim, it does help in prepar- ing your client with a little information. RANDY FELDMAN | Bail Bonds Randy Feldman is an Owner/Operator at Sanctuary Bail Bonds since its creation in 2010. Mr. Feldman has also been in the Hospitality Industry for over 30 years and utilizes this knowledge to provide attorneys and their clients with the best possible service available. Rated the #1 Bail Bonds Company, Sanctuary Bail Bonds and Mr. Feldman continue to change the stigma placed on Bail Bondsmen and the industry as a whole. The Basics That Every Attorney Should Know When It Comes to Posting a Bond “ A bond is only a promise to appear at court and is not affected by the guilt or innocence of the client. Once a judge has made his final ruling regarding the case, a letter of exoneration will be issued.” 21AWLA ALL IN FOR WOMEN AWARDS RECEPTION The Maricopa Chapter of the Arizona Women Lawyers Association is celebrating the 100th anniversary of the ratification of the 19th Amendment through its commitment to supporting Arizona women lawyers. On March 5, 2020, the Chapter bestowed its All In For Women award upon law firms with all of their female attorneys as members of the organization and to those law firms that further the AWLA mission of promoting and encouraging the success of women lawyers in Arizona. Arizona Supreme Court Justice Ann A. Scott Timmer presented the recognitions. Out on the Town AWLA MARICOPA PRESIDENT JEBBIE WHITESIDE TIFFANY & BOSCO RECEIVED A SPECIAL HONOR FOR HISTORICAL SUPPORT OF AWLA. (L-R): AWLA MARICOPA PRESIDENT JEBBIE WHITESIDE, TIFFANY & BOSCO ATTORNEYS CHELSEA HESLA, PAMELA KINGSLEY, GAYA SHANMUGANATHA, JESSICA BROWN, ASHLEY CASE AND TINA EZZELL, AND JUSTICE TIMMER JUSTICE TIMMER PRESENTS THE FRAGOMEN WOMEN ATTORNEYS WITH THE FURTHERING THE MISSION OF AWLA RECOGNITION. (L-R): JENA DECKER-XU, JILL BLOOM, DANIELLE SER, JUSTICE TIMMER GILLESPIE, SHIELDS, GOLDFARB & TAYLOR WOMEN ATTORNEYS ACCEPT THE ALL WOMEN ATTORNEYS RECOGNITION FROM JUSTICE TIMMER. (L-R): KRISTINA REEVES, CAROL CARTER, AMANDA CHUA, DEEAN GILLESPIE STRUB AND JUSTICE ANN SCOTT TIMMER LINDSAY JEWELL OF PERKINS COIE LLP ACCEPTS THE RECOGNITION FOR FURTHERING THE MISSION OF AWLS FROM JUSTICE ANN SCOTT TIMMER 22 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2One of the ushers at my neph- ew’s wedding told me that he was a law professor. I knew enough to ask, “What subject.” His reply was, “Constitutional law.” To that I said, “Then your students have actually read that document.” “Well I do assign it, but judging by the answers on the tests. . .” Recently while teaching a class on ethics I found a few veterans in the audience and reminded them of when they took that oath to “protect and de- fend”, “from all enemies foreign and domestic.” Then I asked if they actu- ally read the Constitution they had taken that oath about. Not a single one could say yes. In the personal injury arena, much like it is in life, there is a tendency to base our opinions on our opinions rather than fact. When an insurance adjuster tells you, your client could not have been injured at such low speed their use of the minor impact soft tissue, MIST defense is not aimed at you. Unless you are a real estate or di- vorce attorney who happens to have landed a personal injury case you al- ready know that argument is bogus. Insurance companies use of that is not based in science it is based in the understanding that a jury that has not been properly trained in the physics and mechanism of injuries will be- lieve their “expert.” They are relying on that tendency to base opinions on opinions rather than facts. The expert’s opinion which goes beyond the typical juror’s knowl- edge base, may be based in fact but in a court of law it is still presented as their expert opinion. Depending upon their presentation both in their personal appearance and how they present the information that they have to offer, jurors are likely to accept their opinion as hard fact. When it comes to minor impact soft tissue, MIST defense it is not a question of a lack of research it is more an absence of research to sup- port that position. A year ago when Arthur Croft re- tired from teaching, he left open the possibility of doing additional crash studies. I offered Lois Laynee and my services to perform cranial nerve ex- ams on each subject before and after the simulated crashes. My hope was to establish scientifically, the changes that occur with concussions in low impact collisions. His response was the same I have gotten from him previously when of- fering research possibilities, “We can’t do that.” He went on to explain that from the previous studies done at the Spine Re- search Institute of San Diego and oth- ers, they had proven that you can be injured at low speed. As such, know- ing injury is possible if not probable, it is now unethical to use live subjects on low speed crash tests. The Florida Department of Trans- portation over a six-year period tracked over 330,000 low speed colli- sions in which over 1,900 people died. They defined low speed as being less than 10 mph at impact where airbags did not deploy, the vehicle was driv- able, and the doors could be opened. If a government agency has dem- onstrated that people can die in low speed collisions with relatively minor damage to the vehicle any argument that your client could not have been injured in a low speed collision is pure mythology. The other argument they will use is that studies have shown that the amount of force involved is no greater than falling onto a sofa. Their expert will even explain the physics of how the change in velocity could not have produced enough force to cause the injuries and that this is supported by the laws of physics. The problem is that they consid- er only the change in velocity and “force” in physics is measured as; F=ma where force equals mass times acceleration. Acceleration is defined as the change in velocity divided by the change in time. The expert who argues that the change in velocity was insufficient to produce enough force to cause injury, ignores the effects of the time involved and is violating the laws of physics. In doing so their opinion supposedly based in fact becomes pseudoscience based in mythology. The other problem with this argu- ment is their evaluation considers the force introduced into the vehicle and ignore that the forces to the occupant are very different. My work with attorneys has taught me to ask the next question. I have learned to do this until I am satisfied that I have facts rather than opin- ions. I will stand up with facts against their mythology any day of the week. BILL GALLAGHER, DC, CMVI | Chiropractor Scottsdale chiropractor, Bill Gallagher has taught personal injury seminars in ten cities this year through the Amer- ican Academy of Motor Vehicle Injuries. He also offers support to attorneys with Phoenix Medical Legal Services and the Concussion Recovery Center. He can be reached at drbillgallagher@yahoo.com or 480-664-6644. Mythology of Personal Injury: MIST 23AWARDS ANNOUNCEMENTS PRESS RELEASES EVENTS PROMOTIONS ACTIVITIES HONORS RECOGNITIONS TALK TOWN of the SUBMIT PRESS RELEASES FOR NEXT MONTH’S TALK OF THE TOWN AT WWW.ATTORNEYATLAWMAGAZINE.COM/SUBMIT-TOT/ Awards • Announcements • Press Releases • Promotions Events • Activities • Honors • Recognitions Fisher Phillips, a na- tional labor and em- ployment law firm rep- resenting employers, announces the addition of Kerry S. Martin as a partner in the firm’s Phoenix office. With nearly two de- cades of experience, Martin repre- sents employers in all aspects of tradi- tional labor relations. Jones, Skelton & Hochuli, PLC is pleased to announce that five associ- ate attorneys, Jonathan Barnes, Eliz- abeth Gilbert, Alexander LaCroix, Kenneth Moskow and Clarice Spick- er have been elected to the firm’s part- nership. Jon Barnes concentrates his practice on federal and state appeals in all types of civil litigation, includ- ing medical malpractice, governmen- tal liability, employment, family law and torts. Liz Gilbert focuses her practice on medical malpractice de- fense, representing health care profes- sionals and entities. Alex LaCroix fo- cuses his defense practice in matters involving premises liability, product liability, automotive liability, insur- ance coverage and bad faith, dram shop/social host liability, underin- sured and uninsured motorist, truck- ing and transportation defense, and wrongful death and personal injury. Krizia Verplancke has joined Ogletree Deakins’ Phoenix office as an associate. Verplancke represents a broad range of employers in labor and employment law matters in both state and federal courts and before admin- istrative agencies. Gammage & Burnham is proud to announce that distinguished water law practitioner Michael J.Pearce has joined the firm as a partner. Pearce’s practice focuses exclusively on water rights and water management issues. The law firm of Ja- burg Wilk announced that Nathan M. Galli- nat joined the firm as an attorney in their construction defect liti- gation group. Before joining Jaburg Wilk, Gallinat repre- sented clients in insurance defense, commercial litigation and construc- tion defect litigation. Buchalter is pleased to announce the promotion Eric C. Wilhelm to shareholder. Wilhelm’s practice focus- es on a broad range of commercial real estate transactions, including in- dustrial, office and retail leasing, real property sales, acquisitions and devel- opment and secured financing. Frazer Ryan Gold- berg & Arnold is pleased to announce that Jessica Dorvinen has joined the firm. Her practice includes probate and trust dis- putes, guardianship and conservator- ship proceedings, elder law, estate ad- ministration, commercial litigation and real estate disputes. Snell & Wilmer is pleased to an- nounce that Phoenix Partner Don Biv- ens was appointed chair of the Ameri- can Bar Association’s Center for Inno- vation by ABA President Judy Perry Martinez. The ABA’s Center for Inno- vation convenes lawyers, courts, and leads tech companies to develop cut- ting-edge innovations to improve the accessibility, affordability, and quality of civil legal services in America. Sherman & Howard is pleased to announce that Jennifer Szkatuls- ki has been elected as member of the firm. Sz- katulski advises indi- viduals and families on wealth transfer planning, estate and gift tax planning, charitable planning, and trust administration. The law firm of Burch & Cracchio- lo, P.A. is proud to announce Jennifer Weworski of St. Louis the King Cath- olic School as the recipient of the B&C Star Teacher Award. Weworski is a second grade teacher who has been in the teaching profession for 15 years. She was awarded a check for $500 to use for classroom art supplies and/or a field trip, and a certificate of recognition. Jones, Skelton & Hochuli, PLC is pleased to welcome lat- eral associate Matthew Baltierra, growing the firm to 90 attorneys. Baltierra brings more than 10 years of litigation experience, defending cli- ents against claims involving civil and tort litigation, including construction defect, premises liability, product lia- bility, wrongful death and personal injury, commercial and contract dis- putes, as well as professional liability including agent, and director and of- ficer liability. Jaburg Wilk is pleased to announce that Alden A. Thomas has been named to the board of directors of Audrey’s Angels. Audrey’s Angels provides music and art by bringing live music and craft programs to en- rich the lives of elderly who are living Kerry Martin Nathan M. Gallinat Jennifer Szkatulski Matthew Baltierra Jessica Dorvinen 24 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2AWARDS ANNOUNCEMENTS PRESS RELEASES EVENTS PROMOTIONS ACTIVITIES HONORS RECOGNITIONS TALK TOWN of the SUBMIT PRESS RELEASES FOR NEXT MONTH’S TALK OF THE TOWN AT WWW.ATTORNEYATLAWMAGAZINE.COM/SUBMIT-TOT/ Awards • Announcements • Press Releases • Promotions Events • Activities • Honors • Recognitions SUBMIT YOUR PRESS RELEASE FOR NEXT MONTH’S in small residential care homes in Maricopa County. Alden is an attor- ney in the firm’s insurance and em- ployment law groups. She assists our insurance clients with coverage issues, bad faith litigation and construction defect matters. DLA Piper announced that Craig Waugh has joined the firm’s litigation practice as a partner in Phoenix. Waugh represents clients in a wide va- riety of complex commercial litiga- tion, including prosecuting and de- fending claims in federal and state courts alleging violations of securities law and representing entities and in- dividuals before the Securities and Exchange Commission, Arizona Se- curities Division and Financial Indus- try Regulatory Authority (FINRA). Richard A. Fried- lander and Michelle H. Swann have joined Lang & Klain, P.C. Friedlander focuses his practice on mediation and arbitration, and is a past chair of the John C. Lincoln Health Network. Swann is an employ- ment and commercial litigation attorney, and volunteers her time and energy as a TGen Am- bassador for the Trans- lational Genomics Re- search Institute. Gust Rosenfeld, P.L.C. is pleased to announce that Shelby M. Exposito was elected as a capital member of the firm, and Heather L. Bohnke, Jenni- fer C. Kalvestran, Samantha Winter McAlpin and Carrie L. O’Brien were elected to the firm’s partnership. Construction attorney James N. Hanson has been named a partner at Lang & Klain, P.C. Hanson is a for- mer Chief Counsel (2015-2017) at the Arizona Registrar of Contractors. Be- fore joining Lang & Klain in 2012, he served as a judicial clerk to Judge Pe- ter B. Swann of the Arizona Court of Appeals. Ballard Spahr has established the Entrepreneur Legal Relief Program to ensure that entrepreneurs have the re- sources and counsel required to en- dure the current coronavirus crisis. Jennings, Strouss & Salmon, P.L.C., a leading Phoe- nix-based law firm, is pleased to announce that Alexandra Hicks LeClair has joined the firm’s family law prac- tice as an associate. LeClair will focus her practice on family law. Lawrence Wilk, shareholder and bank- ruptcy litigation attor- ney, at the Phoenix law firm of Jaburg Wilk was recently named the chairman of the board of Child Crisis Arizona. In addition, Jaburg Wilk continues to support Child Crisis and was a Strong Spon- sor of their signature fund raising event 2020 A Night in Morocco Gala. More than 40 years ago, Child Crisis Arizona created their emergency children’s shelter for children up to age 10. Since then they have provided emergency shelter, foster care, adop- tion programs, Early Head Start pro- grams, education for families, home visitation, and counseling. Richard Friedlander Alexandra Hicks LeClair Larry Wilk Michelle H. Swann 25Jaburg Wilk Family Law Group • Parenting Time • Legal Decision Making • Divorce • Legal Separation Our family law attorneys earned their reputation in high-conflict, high-stake divorce cases. They are skillful and knowledgeable in divorce and family law matters. 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