< PreviousA unique combination of Midwest farm boy and sophisticated entrepreneur, Brian Foster has forged an impressive career and along the way built a reputation as both a trailblazer and one of the state’s top trial attorneys. Foster has not only earned the respect and trust of his law colleagues, but he’s also been singled out in a public forum spotlighting his abundant expertise. Brian Foster Seeking New Vistas and Lengthening His Stride WRITTEN BY SUSAN CUSHING PHOTOGRAPHED BY ANDREW PAUL A TT ORNEY OF THE MONTH 10 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 5As a powerful and re- sourceful litigator, Foster has focused his practice on commercial liti- gation with an emphasis on real estate and business. His scope of legal dexterity extends to dis- putes involving partnerships and shareholders, mergers and acqui- sitions, contracts, sale of business, construction disputes, legal mal- practice and serious criminal and personal injury claims. He’s prov- en to be enormously successful in every area, consistently yielding highly favorable results and sig- nificant financial compensation for his clients. Foster’s record demonstrates his impressive litigation prowess with the recovery of many mil- lions of dollars in numerous suc- cessful plaintive verdicts as well as a greater number of defense verdicts in disputes involving multi-millions. However, after more than 31 years performing as a leading litigator with Snell & Wilmer, he has recently made a move that allows him to explore other avenues that have long held an appeal. “I’ve been wanting to do more contingency fee work in both business disputes and personal injury, as well as other claims,” he explains. “Not many people do contingency fee business litiga- tion, there are only a few firms here in town that handle that type of work. I’ve established a win- ning track record, so I feel very comfortable taking good cases on a contingency basis.” To this end, Foster made a major career move earlier this year announcing in January that he has partnered with another well-respected Arizona attorney, Dennis Wi- lenchik. Aside from the desire to explore new directions, Foster says there were several other factors that affected his decision. “I wanted to be able to pick and choose my cases,” he says. “I wanted to be free of the conflicts that occur when you work at a large law firm and have the freedom to take on the types of cases I want to work on. I can honestly say, that at my new firm I haven’t had a single conflict where I had to turn a client away. That’s refreshing.” Long before even making the move, Foster had some very clear ideas of what this new, more independent ver- sion of his practice would look like. Rightly, he determined to focus on his strengths and proven areas of expertise. “I knew I wanted to practice at a litigation-only firm,” he says. “I want attorneys from both small and large firms to feel comfortable sending me conflict referral work know- ing I am only going to handle the one specific litigation matter being referred. They can feel confident I’m not go- ing to try to steal the client. Plus, since we don’t do trans- actional work, I will reciprocate with those who send me litigation work by sending them my clients with transac- tional legal work.” While he sites numerous additional reasons for the recent career move, Foster says the primary reason is to stretch himself personally and professionally. “I was ready to do something different, I wanted to chal- lenge myself, lengthen my stride and explore other aspects of my litigation practice. “Ultimately, I made the decision to launch the next chapter of my career and push the en- velope a bit.” INTIMATELY INVOLVED A man who is always stretching and searching for fresh, interesting endeavors, Foster applies this same philosophy to his local community. His contributions here are nearly as numerous and impressive as those within his profes- sional life. Since leaving his Iowa roots, Foster has made Arizona his home immersing himself and becoming inex- tricably tied to this desert community. He has consistently revealed himself to be a concerned and involved citizen, serving on any number of boards and steering committees over the years. As his interests change and expand, these organizations grow in number. One group Foster is quite proud to be a part of is the Phoenix Aviation Advisory Board (PAAB). Made up of nine members each of whom is appointed by the mayor and city council, this board meets monthly to review air- port policies, make recommendations to the city council on major airport projects, concession contracts and leases. “It is extremely rewarding to help make important deci- sions for Sky Harbor Airport which is the largest revenue generator for the state of Arizona,” says Foster. Foster is also currently serving as the chairman for the board of directors for the Phoenix Sister Cities Commis- sion. This ambitious organization sustains relationships with ten sister-cities in different countries, was created to develop personal, one-on-one relationships between the residents of Phoenix and those of our 10 sister cities. This in turn naturally promotes commercial, educational, cul- tural, artistic and youth exchange programs and events. In his capacity as Chairman, Foster has racked up thou- sands air miles. “Last November Mayor Gallego and I led a delegation to Taipei, Taiwan,” he says. “One year earlier Councilmember Laura Pastor and I led a delegation to Chengdu, China. These relationships are quite important and valuable to our city and our economy.” Perhaps what he’s best known for, although it might not be immediately apparent that it is also a form of commu- nity involvement, would be Foster’s frequent appearances on various television networks. Journalists from local, re- gional and national TV news stations vie for Foster’s in- sightful observations and professional opinion on some of the most notorious cases. He has done over 160 TV ap- pearances as a legal expert. 11PRACTICE AREAS Partnership & Shareholder Disputes Mergers & Acquisitions Contracts Sale of Business Construction Disputes Legal Malpractice Criminal Matters Personal Injury Claims EDUCATION Juris Doctor, University of Iowa School of Law, 1988 Bachelor of Arts, Accounting, University of Iowa, 1985 HONORS The Best Lawyers in America, Commercial Litigation, 2013-2020 Southwest Super Lawyers, Business Litigation, 2015-2020 PROFESSIONAL MEMBERSHIPS State Bar of Arizona, International Law Section State Bar of Arizona, Alternative Dispute Resolution Section Maricopa County Bar Association American Bar Association American Trial Lawyers Association Arizona Association of Defense Counsel Arizona Asian American Bar Association National Asian Pacific American Bar Association Taiwanese American Chamber of Commerce of Greater Phoenix COMMUNITY INVOLVEMENT Phoenix Sister Cities Board Chair Phoenix Aviation Advisory Board Member Phoenix Sky Harbor International Airport Planning Advisory Committee Arizona Advisory Committee for U.S. Global Leadership Coalition Ahwatukee Foothills YMCA, Advisory Board Member Tapestry Canyon Homeowners Association, Vice President Ahwatukee Foothills Village, Planning Committee (past member) Volunteer Lawyers Program HOBBIES International travel Working out daily Golf Reading Eating out THE NEXT HORIZON Changing direction in favor of something more challenging or re- warding is nothing new for Foster. Even after completing a full univer- sity course of study aimed at an entirely different career, he was pre- pared to switch gears if it meant being more productive, more gratify- ing and with the potential of creating a greater impact. After graduating with an accounting degree from the University of Iowa, Foster began making the interview rounds with the Big 8 ac- counting firms. Ironically, it wasn’t until he sat across from the heads of some of the leading Big 8 firms in the country that he realized it was not for him. “I decided that the job I had trained for was boring and I did not want to be an accountant,” he says simply. His roommate suggested law school, so the following week Foster scheduled to take the LSAT. Whether it was enthusiasm or an interesting test of the winds of fate, he took the exam quickly without studying for it. Based on those re- sults, Foster was definitely destined to be an attorney. Soon, he was en- rolled in the University of Iowa School of Law where he distinguished himself scholastically and received the prestigious Order of the Coif. He was promptly recruited by the highly respected Phoenix firm of Snell & Wilmer where he effectively and prosperously served as Senior Litigation Partner for more than 31 years. While it might appear to be far afield (no pun intended) of his liti- gation practice, Foster’s most recent endeavor actually ties back to requests from many clients affiliated with the burgeoning marijuana business. Though it’s hardly “news” anymore, this busy attorney has planted his entrepreneurial seeds in a 250-acre parcel of land where he is growing hemp. A plant used to create the hundreds of popular CBD products, hemp is a crop ideally suited to our dessert environ and Foster had the ready-made skills to take advantage of this unique opportunity. “Two things I decided near the end of last year that I was going to start my own law firm and stretch my entrepreneurial skills,” he says. “This seemed like the perfect opportunity to do both. I did a lot of research, I didn’t just jump in and start writing million-dollar checks, I did my homework first. I soon realized that there was such potential. First of all, CBD is such an amazing product, it relieves stress, anxiety, insomnia, pain-you know they’re putting it in everything now from energy drinks to pet food and cosmetics. The demand for CBD in 2019 was a three billion-dollar industry and it’s estimated to be a $20 billion industry by 2022.” As he moves forward, branching out and flexing his entrepreneurial muscles, Foster expresses a renewed enthusiasm. “I can’t recall the last time I felt this excited or motivated,” he says. “One of the reasons I left my previous firm was because I wanted try something different and lengthen my stride. Right now I’m doing just that and am still 100 percent committed to continuing to grow my legal practice right along with my hemp.” At A Glance WILENCHIK & BARTNESS 2810 North Third Street Phoenix, Arizona 85004 602-606-2810 www.wb-law.com 12 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 5Searching for members of the AZ Bar who are former or current members of the military to spotlight in an upcoming issue. To participate, submit your headshot and a photo from your days in uniform to info@attorneyatlawmagazine.com. Veterans in Law S P E C I A L I S S U E Then & NowRecently, on August 27, 2020, as most lawyers in Arizona now know, the Arizona Supreme Court announced that it voted unani- mously to adopt substantial changes to Arizona’s ethical rule regime. In doing so, the Arizona Supreme Court took the lead among U.S. state juris- dictions and relaxed the longstanding ethical rules to allow non-lawyers to own law firms and created a new cate- gory of non-lawyers that can practice law on a limited basis. The justifica- tion for the ethical rule changes are that lawyers have an ethical obliga- tion to assure that legal services are available to the public; if the existing rules do not satisfy that obligation, then the rules must be changed ac- cordingly. The two primary changes that have garnered the most attention and elic- ited concerns among many lawyers are: (a) the elimination of Ethical Rule 5.4, which prevents non-lawyers from having a financial interest in a law firm; and (b) the establishment of Legal Paraprofessionals (“LP”)— persons who can appear and speak in court and administrative hear- ings, and also provide legal advice to clients on a limited basis (similar to a nurse practitioner in the medical field). To effectuate the elimination of Ethical Rule 5.4, the Arizona Su- preme Court also voted to adopt rules and a regulatory framework permit- ting Alternative Business Structures (“ABS”), thereby enabling fee-sharing among non-lawyers and non-lawyer ownership. By allowing the ABS structure to form, with non-lawyer ownership of legal service providers, proponents of the change anticipate greater in- novation as it relates to how legal ser- vice providers are run and how legal services are provided to clients with respect to business models, services, and technology. Up to this point, and without the ability to obtain an own- ership interest in a law firm, innova- New Ethical Rule Changes: Greater Access to Justice or Diminishment in Integrity of the Legal Profession? The Jury is Still Out BY BENJAMIN GOTTLIEB 14 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 5tion has been stifled inasmuch as the incentives for non-lawyers to invest resources and carry out ideas and plans to create greater law firm effi- ciency is lacking. The new rules aim to change these incentives. Further, advocates behind the changes believe that a Juris Doctor degree is not required to perform uncomplicated legal tasks and that trained LPs can competently provide certain legal tasks and provide limited legal advice at a lower cost than hiring a lawyer, thereby meeting the needs of many clients who would choose not to hire a lawyer. Thus, proponents claim that increased innovation, cou- pled with allowing LPs to practice law on a limited basis, will narrow the gap and allow more people with access to legal services at more affordable pric- es—thereby by narrowing the access- to-justice gap problem. While providing greater legal ac- cess to the public has been an ongo- ing concern among legal and judicial leaders for some time now, jurisdic- tions have been reluctant to enact wide-sweeping ethical rule changes permitting non-lawyer ownership for fear of interfering with a lawyer’s professional independence and ability to discharge his or her fiduciary duty owed to the client. To address this potential issue, the new rules require every ABS to have a “compliance at- torney” who is responsible for estab- lishing policies and procedures within the entity to ensure that the entity and its non-lawyer owners are in compli- ance with the ethical rules. But what happens when tension and conflict exist between the attor- ney-employee’s efforts to implement ethically sound—albeit non-profit- able policies—and the non-lawyer owner’s efforts to churn out greater profit for the ABS’s non-lawyer inves- tors? Lawyers—who took ethics class- es in law school, passed the ethics and bar exam, and gained considerable experience practicing law—have an entrenched, foundational, and deep- rooted appreciation of their fiduciary duty to act in the client’s best interests at all times. Will or can a non-lawyer owner attain the same appreciation? And if not, to what extent could the changes negatively impact the cul- ture of an ABS in comparison to the traditional law firm model—such that profit motives are elevated above providing high quality and integrity- based legal services? These are genu- ine concerns expressed by many law- yers. Further, while in theory an LP can narrow the access-to-justice gap problem by providing legal services at ostensibly cheaper prices in the form of lower billable rates, at what cost does this come to society as a whole? For instance, what happens when an LP—due to inadequate training, ex- perience and legal knowledge—at- tempts to solve a client’s discrete le- gal issue but ends up causing a much larger, more complex, legal problem for the client? Many lawyers have also expressed concerns that LPs will be difficult to regulate and could threat- en the long-term health and integrity of Arizona’s legal system. As we move toward January 1, 2021, and with the implementation of the new ethical rules, many questions remain: Will competition and inno- vation lead to more efficient delivery of legal services—through alternate business models and greater techno- logical advances—thereby benefit- ing the public by enabling those who otherwise could not afford legal ser- vices have their legal needs met? Will a “compliance attorney” and regula- tion be sufficient—and effective—to prevent non-lawyer owners from improperly interfering with a lawyer- employee’s professional independence in representation of clients? Will oth- er jurisdictions follow Arizona’s lead in the years to come, or will Arizona be cited by others as a failed example akin to Washington’s Limited License Legal Tech program (the require- ments were too stringent and there- fore Washington recently determined that the program is not an effective way to meet unmet legal needs)? The answers to these questions, and many others, are not known at this time and will not be known for years. The actions taken by the Arizona Supreme Court to increase access to justice are noble and lofty, and there is no doubt that the legal profession in Arizona will be changed dramatically going forward. It is my genuine hope that the new changes increase access to justice for many more people in Arizona while maintaining the high standards of the legal profession that we all cherish. BENJAMIN IS A SEASONED TRIAL ATTOR- NEY WHO HAS SUCCESSFULLY HANDLED HUNDREDS OF REAL ESTATE, BUSINESS, AND COMMERCIAL CASES. BENJAMIN’S NEAR-10 YEAR LEGAL CAREER HAS BEEN HIGHLIGHTED BY NUMEROUS COURT VIC- TORIES AND SUCCESSFUL SETTLEMENTS FOR HIS CLIENTS. The justification for the ethical rule changes are that lawyers have an ethical obligation to assure that legal services are available to the public; if the existing rules do not satisfy that obligation, then the rules must be changed accordingly.” 15LA W FIRM OF THE MONTH IBF LAW GROUP On a Mission of Compassion BY SUSAN CUSHING 16 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 5“My pas- sion is immigra- tion law,” says Sheree Wright, founding part- ner of IBF Law Group. “As an immigrant my- self, I wanted to build a firm that is immigrant friendly as well as supportive to the under- served community. It was also important to me to hire individuals from diverse backgrounds. I’m an immigrant first and a lawyer second.” Born in New Kingston, Jamaica, Wright was not quite 10-years-old when her family immi- grated to this country. While the move initially held excitement and promise, it wasn’t long before the young girl encountered the travail of being “different.” “When we first moved here, I still had an ac- cent and the kids would make fun of me,” she recalls. “I was actually bullied a lot and there was always the feeling of being misunderstood and under-represented as an immigrant. Those experiences certainly impacted my decision to focus on immigration law. I recall making a conscious decision at a very young age that I never wanted anyone else to feel that way.” Perhaps it was also those early childhood experiences that bolstered Wright’s already indominable spirit and helped her power through any obstacles along the way. She maintains that starting her own firm was al- ways at the forefront of her mind. “I’ve always been a person who thinks out- side the box,” she says. “When you work in a big corporation it’s not only hard to think out- side the box, it’s actively frowned upon. So, I knew I’d never be comfortable working in that kind of environment. I do my best work when I feel free. Ever since I was a little girl, I knew I wanted to do my own thing and build my own kind of practice. My passion is immigration law, as an immigrant myself, I wanted to build a firm that is immigrant friendly as well as supportive to the underserved community. It was also important to me to hire individuals from diverse backgrounds. I’m an immigrant first and a lawyer second.” 17“My interest in immigration law came quite naturally,” Wright continues. “Aside from my obvious personal involvement in the experi- ence, as I grew older and more aware, I recog- nized a dearth of genuine immigration attor- neys and connected my passion to that need.” TACTICAL TRAINING With clear objectives and a realistic sense of self, Wright’s journey to this objective was both edifying and empathetic. A graduate of DePaul University with a Bachelor of Science degree in political science, she started her le- gal education at ASLS and earned her juris doctorate and Master of Law at Sandra Day O’Connor College of Law. During her under- graduate years Wright worked as an investiga- tor with the Equal Employment Opportuni- ties Commission (EEOC) in Chicago. “My work with the EEOC primarily focused on investigating cases involving employment discrimination,” she says. “Then, during my law school career I co-founded a non-profit called The Wright Way Foundation whose purpose is to seek ways to reduce poverty and homelessness while generating and providing educational resources to support youths, fam- ily groups and educators in Jamaica.” The Wright Way Foundation seeks to gen- erate and sustain interest in the financial de- velopment of underserved young people with practical resources and hands-on experience that will ideally enable them to pursue their own future interests and endeavors. As a sig- nificant part of her heritage, helping improve circumstances in Jamaica has continued to be something very dear to Wright. “I’m proud to say that the foundation makes a valuable contribution to civil society in Ja- maica,” she says, “particularly with regard to social and educational outreach projects with local orphanages and educational institutions.” Helping others seems second-nature to this energetic young attorney. Even while actively building a burgeoning practice Wright still stays actively involved in many community organi- zations including one that is particularly significant to her, Mi Familia Vota. As a volunteering member of this national civic engagement organization that unites Latinos, immigrants and allied communities to promote social and economic justice, Wright assists with such projects as conducting citizenship workshops, voter registration and developing voter participation. When asked about this extensive service work Wright smiles knowingly and responds, “Ex- perience makes the best teacher.” ADORING CLIENTS “My clients love me,” Wright says with a smile in her voice, “they are amazing.” It’s not a brag, but fact. Those who find their way to IBF Law Group tend to carry the weight and sorrow of years of struggle, misunderstanding and sometimes even hopelessness, and find a champion in Wright. Her dedication and desire to help are easily apparent. Wright’s goals when embarking on the task of opening a new firm were clear and straight- forward. “I just wanted to make sure not to fail,” she says with humility. “The lives of the people I represent weigh heavily on me and it’s a responsibility I take quite seriously. I also am very cognizant of my duty to my employees, to grow at a pace that ensures I keep them on and make sure their OK. My goal is to just take care of these individuals, clients and employees, whom 18 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 5I’ve been entrusted to support.” Still a relatively new firm, IBF has never- theless grown in both stature and reputation. Building on the firm’s motto: “Our Word. Our Bond. We’ve Got Your Back.” Wright and her associates have always adhered to her origi- nal precepts of respecting and supporting those who need it most. Representing clients throughout the country, IBF provides coun- sel for a variety of legal verticals in addition to immigration law. These areas include busi- ness, family, sport, entertainment and em- ployment law. Bringing decades of combined experience, IBF attorneys zealously fight for the rights of their clients in some of the toughest and most complex situations. Implementing modern technology and digital media, they ensure not only complete, clear and consistent com- munication but are able to keep expenses to a minimum. INEQUITABLE IMMIGRATION While reluctant to become bogged down or unnecessarily distracted by politics, Wright freely expresses her opinion regarding our current immigration system. “Basically, it’s a joke,” she says candidly. “The rules are constantly changing and dras- tic. It’s hard enough for immigrants to navi- gate an already complicated system, but then to have it constantly in flux depending on who or which party is in office is both ridiculous and cruel. Hopeful immigrants are told to ‘go through the proper channels’ yet those chan- nels are more like jumping through hoops and they keep moving the target.” Wright says that contrary to negative state- ments frequently made by our country’s lead- ers, the majority of immigrants are not rushing to the United States for criminal or nefarious reasons but rather to seek asylum or simply have the opportunity at a better life. “Many immigrants are literally running for their lives,” she says passionately. “Persecution is a very real threat as is crushing poverty and lack of even the most basic human rights. The U.S. used to welcome those who sought the unique and blessed lifestyle privileges we enjoy, unfortunately ignorance and prejudice has made many Americans consider immigrant a bad word.” Always very self-aware and striving to improve herself, Wright acknowledges that the subject of immigration is one that stirs her deepest passion. Having experienced this first-hand and being an attorney who becomes very hands-on with her clients, separating personal feelings from professional is still difficult. “What I have had to overcome, and I am still working on, is my emotion,” she says. “Immigration law is a very heart wrenching area of practice, especially in this administration where there are so many new laws being implemented to stop migrants from crossing the border. It’s hard not to become emotionally involved when we’re talking about individuals and families who quite literally, have run out of options. For them, immigrating is a question of life or death.” Deportation law obviously goes hand-in-hand with immigration law and is another area where Wright is not only well-versed but equally motivated. “There 19Next >