July 9 - 12, 2023
Hotel del Coronado
July 9 - 12, 2023
Hotel del Coronado
AZCLE’s annual luxury destination CLE experience returns to the beautiful Hotel del Coronado. Coronado, located
across and around the San Diego Bay, is a resort city in the shadows of San Diego. This event provides attendees
with an entire year’s worth of MCLE credit hour requirements, several tracks including specialization credits, and
includes at least 3 hours of ethics.
Beyond the breath-taking environment and the MCLE hours, there is also the opportunity to network and
mingle with colleagues and faculty, including judges. Our track chairs and faculty are some of the best
attorneys in their fields, updating and discussing the critical issues for a contemporary legal practice.
Top Tier Sponsor
Corporate Sponsors
Happy Hour Sponsor
ETHICS
TRACK CHAIR:
Lynda C. Shely
The Shely Firm, PC
In an eort to ensure hotel rooms are available to CLE by the Sea attendees, online room reservation links
will be provided after registering. Hotel rooms within the State Bar of Arizona room block are limited to 2
rooms per registrant. Register for CLE by the Sea online or by calling 602-340-7231. Register and reserve
your room early, as rooms are expected to sell out.
HOTEL DEL CORONADO RESERVATION AND CANCELLATION POLICIES:
In the event that a guest requests a dierent room category upon arrival, a fee may be assessed to their folio. If the change
involves an upgrade, the room rate will change commensurate with the room category. Requests for specic room types and
bedding are subject to availability at time of arrival. Although the hotel places high priority on meeting our guests’ expectations,
it is not always possible to accommodate all requests. Reservations must be received by June 7, 2023. If your reservations are
not received by this date, the rooms will be available to you on a space available basis at the hotel’s published rate, which may be
higher than the conference rate. (If room preference is not available, the next available category will be conrmed.)
DEPOSIT: To secure your room, a two-night deposit will be charged to your credit card at the time of reservation. The deposit
is refundable if registration is cancelled prior to 30 days of scheduled arrival. Should you fail to arrive as scheduled, a one-night
room charge will be billed to your credit card. Departure dates may be changed up to the point of check-in at the hotel. We
require a 30 day cancellation notice prior to your arrival date. Check-in time is 4:00 pm, checkout at 11:00 am. The Hotel can
arrange to check baggage for those arriving early when rooms are unavailable and for guests attending functions on departure
day. Late checkout may not be available.
LATE CHECKOUT CHARGE: Any attendee wishing special consideration for late checkout should inquire at the front desk on the
day before departure. Should the Hotel allow for late check-out, it may impose a half day rate. In the event late checkout is not
available, attendees can arrange with the hotel to check their luggage.
RESORT CHARGE: In addition to the rates set forth above, there will be a daily resort charge of $25 per room, per night, plus
applicable occupancy taxes, assessment and charge, that will be posted to all guest rooms to cover an array of the guest-only
amenities and services, which currently include the following (subject to change without notice): premium high-speed internet
connectivity, Wi-Fi access at Del Beach, 800 and local phone calls, daily newspaper available in the lobby, in-room bottled water,
Keurig Starbucks coee and tea, Fitness Center 24-hour access, tness classes and Coronado Tennis Center court access. As
a “per room” charge (versus per person), the Resort Charge covers all registered room guests. In addition to the services listed
above, this charge entitles Hotel guests to discounted attraction tickets to San Diego Zoo, Sea World San Diego, Legoland, Safari
Park, The Old Town Trolley and Disneyland. Discounts are subject to change. https://hoteldel.com/stay/reservation-policies/
CHILD POLICY: Children 17 years of age or younger will stay free of charge in adult’s rooms with existing bedding.
*All room rates are subject to prevailing city taxes per room per night and a daily resort charge.
Victorian, No view – $369
Resort, No view (1 King) – $394
Resort, No view (2 Queen) – $399
2023 Room Rates*
Rethinking Resilience: Developing Strategies for
Making Ethical Choices in the Real World
Sunday, July 9, 2023 1:00 – 4:45 pm
In today’s fast-paced and constantly evolving legal profession, making ethical choices
requires more than simply understanding the Rules of Professional Conduct. Rather,
we must be capable of making sound decisions in high-pressure environments. This
multidisciplinary program features experts in military resilience, leadership, and
psychology. Speakers will explain how both our internal thoughts and the external
environment can inuence our judgment and the choices we make. The panel will
then discuss strategies for identifying triggers, inoculating ourselves against stress,
and shaping our environments to promote ethical decision making. This interactive
program will provide a higher-level way to think about ethics and practical advice for
fostering a culture of resilience in your life and in your workplace.
Chair and Moderator:
Ann Ching, Clinical Professor, Sandra Day O’Connor College of Law, Arizona State
University
Faculty:
Joel England, CEO, State Bar of Arizona
William Fischbach, Tiany & Bosco PA
Mariela G. Shibley, Psy.D., Shibley Psychology
Kimberly Jung, Co-Founder, CEO, Blanchard House
May qualify for up to 3.0 MCLE, including 3.0 Ethics Credit.
Monday
July 10, 2023
8:15 am - 12:30 pm
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Goodbye Peremptory Challenges: Underlying rationale, experience to
date, and strategic considerations
• The history of Batson and its progeny, and attempts by courts to implement its holding
• The competing petitions from the State Bar and Judges Swann and McMurdie
• Recent amendments to the Arizona Rules of Civil Procedure as a result of the change
• The use of juror questionnaires
• Practical observations/do’s and don’ts for eective voir dire under the rule change
• Preserving your record if a challenge for cause is denied
Tuesday
July 11, 2023
8:15 am - 12:30 pm
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Sun Tzu and von Clausewitz in the Courtroom: Shaping the Battleeld
Through Dispositive Motions and Realizing that No Battle Plan Survives
First Contact with the Enemy
• Motions to Dismiss and for Summary Judgment, Daubert Motions, and Motions in Limine
• Shifting and adapting tactics as your trial unfolds
• Dealing with juror questions and the insights they may contain
Wednesday
July 12, 2023
8:15 am - 12:30 pm
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“Toto, I’ve a Feeling We’re Not in Superior Court Anymore”:
Contrasting State and Federal Trial Practice and How to Avoid
Losing your Appeal Before It Starts
• Critical dierences between state and federal procedural rules
• Understanding dierences in “courtroom culture” and decorum in state and federal forums
• How appellate cases are processed and decided
• What factors inuence the grant or denial of petitions for special action review and petitions for review
• How to make eective use of appellate oral argument
• How to make a record for appeal
Our esteemed panel seeks to narrow the gap between bench and bar, and remove much of the mystery and uncertainty inherent in modern
litigation, by aording the attendees with the opportunity to hear members of the judiciary, paired with experienced attorneys, speak on a wide
variety of topics germane to litigation practice and procedure. Divided into three separate four-hour programs, this track oers a comprehensive
“real world” view of trial practice, to include an in-depth discussion on the elimination of peremptory challenges in Arizona and its practical eect
on voir dire and jury composition, contrasting the dierences in state and federal practice, a behind-the-scenes look at the appellate process, and
a focused look at several increasingly important stages of trial practice, including dispositive motions, pretrial motions, juror questions, and making
on-the-spot tactical shifts during trial.
Program Co-chairs:
William G. Klain, Lang & Klain PC and William M. Fischbach, Tiany & Bosco PA
Faculty:
Judge Michael Liburdi, United States District Court for the District of Arizona; Vice Chief Justice Ann Timmer, Arizona Supreme
Court; Chief Justice Scott Bales (ret.), Arizona Supreme Court; Judge Peter Swann (ret.), Arizona Court of Appeals, Division One;
Judge David Gass, Arizona Court of Appeals, Division One; Judge Danielle Viola, Maricopa County Superior Court; Judge Pamela
Gates, Maricopa County Superior Court; Judge Christopher Coury, Maricopa County Superior Court; Renee Coury, Campell, Yost,
Clare & Norell, P.C.; Patricia Lee Refo, Snell & Wilmer. L.L.P.; David B. Rosenbaum, Osborn Maledon, P.A.
May qualify for up to 12 hours MCLE, including 12 hours Injury and Wrongful Death Litigation Specialization credit.
Law Firm Sponsor: Tiany & Bosco, P.A. (Gold Tier)
To Be or Not to Be: Capacity Issues in Estate Planning, with
Cameos by Guardianships and Conservatorships
Monday
July 10, 2023
8:15 am - 12:30 pm
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Exploring Testamentary Capacity, Guardianships,Conservatorships
and Medical/Neuro Evaluations
• Review Testamentary Capacity Standards, including the dierence between declining and diminished capacity and how to
recognize the presence of each; what is “undue inuence” and its potential red ags; and testamentary capacity vs. capacity
to contract/make a trust.
• Overview of Guardianships and Conservatorships (“GC”), highlighting the GC process, the standards, and the evidence
needed to meet those standards; the roles of the various court-appointees; serving as attorney for the alleged incapacitated
person and the attorney’s responsibilities; and when to seek GCs vs. when to use existing estate planning documents.
• A superior court judge’s perspective on meeting your burden of proof in cases of questioned capacity.
• A medical practitioner’s perspective on medical and neuro evaluations in estate planning, including to what a medical
professional can attest; when might it be a good idea to request an evaluation for estate planning; medical evaluation in GCs,
including best practices, when to engage an expert, and what evidence they can provide; and use of cognitive evaluations in
other litigation – undue inuence, vulnerable adult exploitation, etc.
Tuesday
July 11, 2023
8:15 am - 12:30 pm
Ethically Representing Clients with Declining or Diminished Capacity, with a
focus on Dementia and Alzheimer’s, and Review of Recent AZ Precedent
• A panel discussion on representing clients with declining or diminished capacity, including helping clients prepare for
diminished capacity while they are still competent, whether to prepare estate planning documents and supervise their
execution if you suspect your client lacks capacity, and what to do if a third-party or you, their lawyer, believes they would
benet from a guardianship and/or a conservatorship.
• The latest on Dementia and Alzheimer’s, and how to ethically and compassionately carry out representation of clients and/
or families impacted by Alzheimer’s and other dementias.
• A panel discussion reviewing and learning from Arizona precedent involving capacity and undue inuence.
Wednesday
July 12, 2023
8:15 am - 12:30 pm
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Ethically Representing Clients with Declining or Diminished Capacity, with a
focus on Mental Health, Addiction, and Special Needs, Plus How to Get Paid for
Your Work
• How to get paid under Arizona’s Fee Rules, which an in-depth review of Probate Rule 33, ACJA Rule 3-303, relevant caselaw,
and other standards for getting paid from an incapacitated person’s estate; and your ethical responsibilities and best
practices for meeting those standards.
• A medical practitioner’s perspective on mental health and addiction, and how these conditions aect the client, the client’s
family and friends, and you, their attorney.
• An overview of Special Needs Planning, including SBTs/SNTs; ABLE Accounts; SSDI; and AHCCCS and Medicaid.
Program Co-Chairs:
Shannon Derksen, Dueld Adamson & Helenbolt, PC, and Sarah Singer, Gadarian & Cacy, PLLC
Faculty:
Honorable Jay Polk, Maricopa County Superior Court; Teresa Lancaster, Bogutz & Gordon, PC; Afsanieh Rassti,
Frazer Ryan Goldberg & Arnold LLP; TJ Ryan, Frazer Ryan Goldberg & Arnold LLP; Denice Shepherd, Law Oce of Denice R.
Shepherd, PC; Shannon Derksen, Dueld Adamson & Helenbolt, PC; Sarah Singer, Gadarian & Cacy, PLLC; Alzheimer’s
Association - San Diego / Imperial Chapter; and Multiple Medical Practitioners
May qualify for up to 12 hours MCLE, including 3 hours ethics and 8.0 hours Trust and Estate Specialization credit.
Lawyers are increasingly faced with the challenge of working with clients whose capacity is declining due to dementia, mental impairment,
addiction, andother causes. If you have a client whose capacity you think is in question, what do you need to look for, what should you do,
and what are you ethically allowed to do? Attendees will hear from legal, judicial, and medical practitioners.
Monday
July 10, 2023
8:15 am - 12:30 pm
Criminal Justice Reforms in Arizona
Our panel will explore real problems and possible practical reforms to address these issues from the Arizona Superior
Court, Municipal Courts and defense perspectives. The day will close with information on the common causes of
wrongful convictions and practical ways to try to avoid them from a sta attorney at the California Innocence Project.
Moderator: Tim Agan, Maricopa County Oce of the Legal Advocate
Panelists:
Honorable Alex Navidad, Phoenix City Court
Jared Keenan, ACLU of Arizona
Audrey McGinn, Sta Attorney at the California Innocence Project at the California Western Law School
Kent Volkmer, Pinal County Attorney’s Oce
Tuesday
July 11, 2023
8:15 am - 12:30 pm
Legal and Ethical Considerations in Trial
Experienced practitioners will discuss the effective use of expert witness testimony and cross examination
of witnesses, followed by how to successfully make closing arguments. Review the rules of evidence while
you engage with the panel in an interactive evidence gameshow.
Panelists:
Tim Agan, Maricopa County Oce of the Legal Advocate
Honorable Alex Navidad, Phoenix City Court
Grace Guisewite, Maricopa County Oce of the Legal Advocate
Kent Volkmer, Pinal County Attorney’s Oce
Wednesday
July 12, 2023
8:15 am - 12:30 pm
Updates and Key Considerations
Review recent court decisions, new rule and law changes in criminal law. Discuss the rules on how to le a Special
Action, along with the judicial perspective of how to get the attention of the court. Practitioners will explore
considerations when mental health issues are involved, along with treatment alternatives followed by a review of
the history of interrogations, along with the methods used by police and possible reforms.
Panelists:
Honorable Maria Elena Cruz, Arizona Court of Appeals, Division One
Tim Agan, Maricopa County Oce of the Legal Advocate
Grace Guisewite, Maricopa County Oce of the Legal Advocate
Jared Keenan, ACLU of Arizona
Kent Volkmer, Pinal County Attorney’s Oce
Criminal Law and Trial Court
The track will begin with an in-depth discussion on Criminal Justice Reform which will be addressed from four very dierent viewpoints.
Criminal justice reform has gotten lots of media attention, but very little detail is ever discussed. This training will focus on real problems
and possible reforms to deal with these problems. Day two will explore the ethical and legal considerations in trial practice, as well as to
how to present your story most eectively. Day three will focus on the most recent court decisions, new laws and rule changes in criminal
law. Learn the rules on how to le a Special Action, along with the judicial perspective of how to get the attention of the court. Practitioners
will explore the legal issues when mental health issues are involved, along with treatment alternatives. The track will wrap up with a review
of the history of interrogations, along with the methods used by police and possible reforms.
Track Chair:
Timothy Agan, Maricopa County Oce of the Legal Advocate
May qualify for up to 12.0 hours MCLE, including 1.0 hour ethics and 12 hours of Criminal Law Specialization.
Real Estate Rollercoaster:
Strategies in a Turbulent Economy with Fluctuating Resources
The wild ride of the past few years has no end in sight. While there’s nothing “amusing” about it, this Track places you in the
front seat, proactively collaborating with seasoned and emerging talent to navigate the contours of this dynamic journey. You
will disembark well-positioned to advise your real estate clients condently and strategically, not only on how to survive, but also
thrive, in state, federal and tribal transactional, administrative, regulatory, and litigation contexts.
Monday
July 10, 2023
8:15 am - 12:30 pm
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Ascending to the Summit
• Are we in for a wild ride or a walk in the park? Review Arizona real estate statistics, including Commercial and
Residential asset classes. Discuss the current market trends and how to work with your clients to strategically
plan for the next phases in the market.
• Development and Entitlements: Negotiating and drafting development agreements. The impact of state land
use regulation on municipalities and property owners, including short-term rentals and other current zoning
regulation issues.
• Examine commercial title insurance as a due diligence tool, including the title examination process and
underwriting owner’s and loan policy coverages and endorsements.
• How the changes in the new 2021 ALTA Policy Forms will impact commercial transactions.
• Financing residential and commercial transactions with institutional lending.
• Commingled Real Estate Financing and Investment Methods: How to raise funds for development without
violating securities laws and going to jail. The peculiarities of commingled real estate investments.
Tuesday
July 11, 2023
8:15 am - 12:30 pm
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The Breathless Plunge
• What every real estate lawyer needs to know about bankruptcy.
• Legislative update and judicial developments on issues, including homestead/predatory lending, accelerated
debt, and statutes of limitations.
• HOA Legal Trends in the era of Kalway v. Calabria Ranch.
• Litigation and alternative dispute resolution strategies in real property matters.
Wednesday
July 12, 2023
8:15 am - 12:30 pm
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The Landing
• Issues facing developers in the area of water law, including assured water supply, Colorado River, Legislative
update, and water/sewer due diligence.
• Solar and wind facilities: opportunities, nuances, and challenges.
• Negotiating real estate transactions on Tribal lands.
• Twists and turns: Navigating real estate in Cannabis.
Program Co-Chairs:
David Itzkowitz, Landmark Title Assurance Agency and Tricia Schafer, Vitality Law PLLC
Faculty:
Mayor Richard Bailey, City of Coronado; Laura Bianchi, Bianchi & Brandt; Marcia Busching, Busching Law PLC; Kent Cammack, Gust Rosenfeld
PLC; Judith Dworkin, Sacks Tierney, P.A.; Alexis Firehawk, Carpenter Hazlewood Delgado & Bolen; Mark Lasee, Kutak Rock LLP; Marc Lieberman,
Kutak Rock LLP; Patricio Lopez, Rusing Lopez & Lizardi PLLC; Christopher McNichol, Gust Rosenfeld PLC; Adam Nach, Lane & Nach, P.C.; Randy
Nussbaum, Sacks Tierney, P.A.; Patricia Premeau, Nearhood Law Oces PLC; Charles Price, Dickinson Wright PLLC; John Rapasky, Counsel
Mortgage Group LLC; Glen Roberts, Stewart Title Guaranty Company; Eadie Rudder, Carpenter Hazlewood Delgado & Bolen; Michele Van
Quathem, Law Oces of Michele Van Quathem PLLC; Kenneth Witt, Kutak Rock LLP; Beth Jo Zeitzer, ROI Properties
May qualify for up to 12 hours MCLE credit, including 12 hours Real Estate Specialization credit.
Law Firm Sponsors & Association Sponsors: Sacks Tierney (Gold Tier) and Scottsdale Bar Association (Bronze Tier)
Alphabet Soup - The Initials that Rule Our Cases, from COBI to PT
to SM (with Ethics for good measure!)
Delve into how the Family and Juvenile Courts are intersecting, the many roles of behavioral specialists and their unique
titles, as well as judicial perspective on how substance abuse and mental illness are impacting Parenting Time. Learn
what to expect with the new spousal maintenance guidelines, the ethical impact of the new Legal Paraprofessionals and
how to address referral fees, and what’s new from the bench. Finally, explore the ins and outs of appealing cases – from
how to best prepare your case for appeal to what to expect.
Monday
July 10, 2023
8:15 am - 12:30 pm
Discuss changes in Orders of Protections as well as how substance abuse and mental health
issues impact Parenting Time. Followed by a discussion of the intersection of Family and Juvenile
Law practices, including BIAs, COBIs, and CAAs.
Panel:
Carrie Cravatta, Duenas Eden Cravatta PLC; Amy Duenas, Duenas Eden Cravatta PLC; Dori Eden,
Duenas Eden Cravatta PLC; Honorable Patricia Green, Pima County Superior Court; Honorable
Suzanne Cohen, Maricopa County Superior Court
Tuesday
July 11, 2023
8:15 am - 12:30 pm
Start the day o with an overview of the new spousal maintenance guidelines and how they
will impact your practice. Then hear from Lynda Shely as she oers guidance on working with
legal paraprofessionals and navigating referral fees. The day will wrap up with the popular
judicial panel where you will hear updates from judges, as well as what they are looking for in
case presentation.
Panel:
Honorable Michael Herrod, Maricopa County Superior Court; David Horowitz, Warner Angle Hallam
Jackson & Formanek; Lynda Shely, The Shely Firm PC; Honorable Patricia Green, Pima County Superior
Court; Honorable Suzanne Cohen, Maricopa County Superior Court
Wednesday
July 12, 2023
8:15 am - 12:30 pm
Join our experienced panel to discuss the ins and outs of appealing your case. From what
language to include in your pleadings to what deadlines you have to meet, we will give you the
starter points to guiding your clients in the appeal process. We will close out the session with
our annual rule and case law update.
Panel:
Erica Leavitt, Esq., Schmillen Law Firm; Kristi Reardon, Berkshire Law Oce PLLC ; Gloria Cales, Gloria L
Cales PC
Program Co-Chairs:
Gloria Cales, Gloria L. Cales PC and David Horowitz, Warner Angle Hallam Jackson & Formanek PLC
May qualify for up to 12.0 hours of MCLE credit, including up to 1.0 hour ethics credit and
12.0 hours of Family Law Specialization credit.
Law Firm Sponsor: Duenas Eden Cravatta PLC (Bronze Tier)
Oceanfront
Happy Hour
Sunday | 4:45 - 6:00 PM
(Reserved for attendees of the Ethics Track*)
Grab a bite to eat and a drink with your colleagues before you head out to
dinner. Located on the Windsor Lawn, enjoy breath-taking ocean views while
relaxing after a day of CLE. This lovely evening is an opportunity to network and
engage with colleagues and friends.
* Attendees of the Ethics Track and one guest are invited to attend at no additional cost. Additional guest tickets
may be purchased for $100 per guest. Guests must be accompanied by an attendee of the Ethics Track.
A limited number of tickets for children ages 5-12 are available.
ONLINE: azbar.org/clebythesea
Pay with check or credit card when you register online.
PHONE: Phoenix 602.340.7231 - or - Tucson 520.623.9944
8:30 am to 5:00 pm Mon.-Fri.
Please register at azbar.org/clebythesea.
Cancellations must be emailed to registrations@sta.azbar.org (include the word “Cancel” in subject line) by 5:00 pm on
June 30th, 2023 for refunds. You may choose to receive (1) a voucher in the amount of 100% of the seminar fee paid, good
for a year from the date of cancellation and, available for use at any upcoming State Bar of Arizona AZCLE® seminar; OR
(2) a refund of the seminar fee paid, minus a $50 administrative fee.
NOTE: No refunds or vouchers will be given for cancellations made after 5:00 pm on June 30th, 2023.
To make a request for accommodations for disabilities or diet, please contact registrations@sta.azbar.org or
call 602.340.7231.
Program materials will be sent electronically to all registrants. Limited WiFi will be available in all conference rooms
for your convenience.
Hard copies of the program materials are available, but must be pre-purchased with your registration, at attendee’s
expense. Please note, printed materials purchased before June 7th are $100 plus tax per track. If purchased June
8th - June 30th, cost is $150 plus tax. After June 30th, printed materials will no longer be available for purchase.
Rates and Pricing
Registration
Rates
Regular
(by 5:00 pm on
June 7th)
Late
(5:01 pm on June 7th
thru 5:00 pm June
30th)
Walk-in
(Starting at 5:01 pm on
June 30th)
Full Event
(Member) $969 $1089 $1299
Full Event
(Non-Member) $1069 $1189 $1299
Single Day
(Member) $389 $459 $489
Single Day
(Non-Member) $419 $479 $489
Register Online
azbar.org/clebythesea
Spouse/Guest registration and additonal Oceanfront Happy Hour tickets may be available for purchase online.
