JUDICIAL EXPERIENCE

Judge, Maricopa County
Superior Court, 1986–2007

Judge Barry C. Schneider (Ret.) served on the Maricopa County Superior Court for 21 years, from 1986 to 2007. He first practiced in New York City and moved to Phoenix in 1971. He was an associate at Langerman, Begam, Lewis, Leonard & Marks until 1977, when he formed the partnership Rosen & Schneider, Ltd. He has a strong background in Arizona civil litigation from the perspective of both a judge and a civil trial attorney. While on the bench, he served on the Criminal Department, in addition to serving as Presiding Civil Department Judge and Presiding Family Law Judge. His 18-month tenure on the Arizona Supreme Court’s Committee on Jury Reform led to groundbreaking changes in the rules and practice of jury trials in Arizona.

ALTERNATIVE DISPUTE RESOLUTION (ADR) EXPERTISE

Judge Schneider has been instrumental in establishing ADR as part of the legal culture in the Arizona community. Shortly after his appointment to the bench, Judge Schneider attended the Arizona Supreme Court’s first-ever Settlement Conference Workshop and recognized the need for the court to provide ADR services to the public. He was one of four judges to participate in a pilot project giving judges the authority to order parties to attend settlement conferences conducted by one of the pilot judges. The settlement conferences occurred in cases assigned to the pilot judges approximately 60–90 days before the trial date. The success of the project ultimately led to the adoption of a statewide rule of civil procedure, which gave all the Superior Court judges in the state, as well as any party in the litigation, the power to compel settlement conferences to be held at the courthouse at no cost to the parties. That rule is still in effect and is widely used. Judge Schneider trained many Arizona judges in ADR proceedings and techniques, and conducted hundreds of settlement conferences in all types of civil cases, including medical and ordinary negligence, products liability, and commercial litigation. He also provided early leadership in the promotion and development of summary jury trials in Maricopa County, leading to the adoption of the highly successful short trial program in Maricopa County. He has published articles in the American Bar Association publication Litigation describing his experiences. He is certified by the American Arbitration Association as a neutral.

PUBLICATIONS

Schneider, Barry C. “Can We Talk?” Litigation 16.1 (1989): 3–4, 65–67 Schneider, Barry C. “Summary Jury Trials with Ceilings and Floors.” Litigation 17.4 (1991): 3–4, 58–59

EDUCATION

BA, Harpur College (now Binghamton University), 1964

JD, St. John’s University School of Law, 1968 (Associate Editor, Law Review)

TRAINING

6th Annual Advanced Mediation and Advocacy Training Program: A two-day program of the ABA Dispute Resolution Committee in San Antonio, Texas (2007)

Institute for Dispute Resolution at Strauss Institute at Pepperdine University: An in-depth three-day Advanced Mediation Program (2009)

Diplomate, National Academy of Distinguished Neutrals' Advanced Mediation Training, Boston, MA (2013)

12th Annual Advanced Mediation and Advocacy Skills Institute of the ABA Dispute Resolution Committee, San Antonio, Texas (2014)

Diplomate, National Academy of Distinguished Neutrals' Advanced Mediation Training, Seattle, WA (2019)

13th Annual ABA Arbitration Institute, Phoenix, AZ (2020)

SELECT EXPERTISE

MEDIATION

Judge Schneider provides mediation services for a large variety of civil cases:

  • Professional Liability
    • Medical
    • Attorney
    • Accountant
    • Real Estate Broker
    • Architect
  • Personal Injury/Negligence
  • Defamation
  • Insurance Bad Faith
  • Attorney Fee Disputes
  • Construction Defect
  • Deed of Trust Deficiency/Fair Market Value Issues
  • Real Estate Disputes
  • Business Disputes
    • Sale of Business
    • Sale of Good and Services
    • Fraud
    • Tortious Interference
  • Products Liability
    • Medical Devices
    • Tire Manufacturing Defects
    • Asbestos cases
  • Employment Law
  • Partnership/LLC dissolution
  • Securities Laws Violations
  • Family Court Disputes
  • Probate Dsputes
  • Condemnation
  • Zoning/Land Use
  • Defective Highway Design
  • 1983 actions (deprivation of rights)
  • Debt Collection

ARBITRATION

Judge Schneider is certified by the American Arbitration Association to serve on the Commercial Arbitration Panel. He also serves as a private arbitrator in a variety of matters, including:

  • Law Firm vs. Law Firm fee dispute
  • Uninsured and underinsured motorists claims
  • Construction defect cases involving multiple claims in a multi-residential development
  • Alleged breach of sale of business
  • Allocation of insurance proceeds among victims and survivors of victims where the policy limits were insufficient to compensate all fully
American Arbitration Association
  • Claim and counterclaim for substantial damages by a medical provider against a medical billing company
  • Alleged breach of restrictive covenant by former president of a major national trucking company
  • Alleged breach of multimillion dollar loan agreement between a bank and a car dealer
  • Arbitration under the Federal Dealer Arbitration Act
American Arbitration Association
  • Valuation of an “under arrangement” catheterization laboratory at hospitals involving claims in excess of $10 Million

SPECIAL MASTER AND SPECIAL DISCOVERY MASTER

Judge Schneider’s experience on the Bench has enabled him to be appointed as a Special Master and Special Discovery Master both in federal and state courts. His assignments have included:

  • Federal lawsuit on an accelerated schedule for a trial between a national railroad company and major utility companies involving a breach of contract claim with millions of dollars at stake
  • Wrongful death/products liability suit against a national tire company involving sensitive trade secret issues
  • Wrongful death/product liability suit involving a gas explosion allegedly caused by major utility
  • Probate/divorce case involving complicated discovery issues concerning millions of dollars
  • Attorney/client privilege issues in an insurance company bad faith case
  • Class action against large trucking company by former drivers over how compensation is to be calculated
  • Both a Special Master and Special Discovery Master in a significant fraud suit by the State of Arizona against a large IT company. Issues included both complex trade secret and discovery issues.

EXPERT WITNESS

Judge Schneider has been asked to serve as an expert in a variety of cases, including:

  • Reasonableness of attorneys’ fees alleged as damages in an arbitration against a title insurance company
  • Reasonable settlement amount in a Himes v. Safeway, 205 Ariz. 31, 66 P.3d 74 (App. 2003) hearing
  • Reasonableness of guardian ad litem fees in probate proceeding
  • Reasonableness of on award of child support in a dissolution proceeding
  • Reasonableness of attorney and client conduct in break up of an LLC.

CONSULTANT

Judge Schneider has provided services as a non-testifying consultant to give a judicial perspective to complement and enhance your litigation strategy.

COMMITTEE INVOLVEMENT

Since his appointment to the Bench and continuing through today, Judge Schneider has contributed as a leader or member of a number of committees of the Arizona Supreme Court, the Superior Court of Arizona, the State Bar of Arizona, and the Maricopa County Bar Association. These include:

  • Dispute Resolution Task Force of the Commission on the Courts
  • State–Federal Judicial Council
Arizona Supreme Court
  • Co-Chair, Unified Family Court Committee
  • Member, Committee on More Effective Use of Juries: This Committee paved the way for revolutionary jury reforms in Arizona and the rest of the country
  • Member and Chair, Settlement Conference Workshop: Organized an annual 1.5-day conference to train judges on how to conduct settlement conferences
  • Chair, Committee on the Superior Court: A standing sub-committee of the Arizona Judicial Council, the administrative arm of the Arizona Supreme Court
  • Member, Arizona Judicial Council
  • Member, Committee to study Criminal Justice reforms
  • Member, Child Support Coordinating Council: Joint Judicial/Legislative committee to address reforms in Family Law
  • Member, Domestic Relations Study Committee (sister committee to the Child Support Coordinating Council)
  • Member, Judicial Ethics Advisory Committee (issued opinions on ethical issues facing judges)
Superior Court

Judge Schneider chaired numerous committees as Presiding Judge of the Civil and Family Court Departments, including the Study Committees of each department. The committees included judges and lawyers addressing issues of interest to the legal community.

State Bar of Arizona
  • Member, Civil Jury Instruction Committee
  • Member, Civil Practice and Procedure Committee
  • Chair, Consumer Protection Committee / Unauthorized Practice of Law Advisory Committee
  • Chair, Consumer Protection Advisory Committee: Issued opinions interpreting unauthorized practice of law issues
  • Member, ADR Executive Council
Maricopa County Bar Association
  • Maricopa County Bar Foundation, Board of Directors
  • Bench/Bar Committee, Chair

PROFESSIONAL MEMBERSHIPS

  • Fellow, American Bar Foundation
  • American Bar Association
  • State Bar of Arizona
  • Maricopa Bar Association
  • Diplomate, National Academy of Distinguished Neutrals

LAW FACULTY

Judge Schneider has served as an adjunct faculty member for two local law schools. Classes taught by Judge Schneider include:

Sandra Day O’Connor College of Law, Arizona State University
  • Lawyering, Theory, and Practice: Served for many years as an adjunct professor for this one-semester skills course in which second- and third-year students prepared all aspects of a civil contract case and a civil tort case from initial client interview, to depositions, to a mock jury trial
  • Trial Advocacy Program: Trial Advocacy Program: As an adjunct professor, in 2011 and 2012, lectured and monitored skills sessions on ADR and pretrial conferences; For 2013, 2014, and 2015, responsibilities were only to pretrial conference portion of the course.
Phoenix School of Law
  • Civil Procedure: Adjunct professor responsible for syllabus, final exam, and grading
  • Constitutional Law: Guest lecturer for one class involving substantive due process and contract clause
  • ADR General Practice Skills Course: Guest faculty

STATE BAR OF ARIZONA

  • Faculty, Arizona College of Trial Advocacy (2008, 2011, 2012, 2018, 2019)
  • Faculty, Annual Construction Law Section Seminar (2012 – 2019)

SPEAKING ENGAGEMENTS

Judge Schneider has served as a presenter at numerous seminars given by the State Bar of Arizona, the Maricopa County Bar Association, the Association of Trial Lawyers of Arizona, the Arizona Association of Defense Counsel, and other private Continuing Legal Education groups on a variety of topics, including trial practice, evidence, motion practice, jury selection, jury reform, effective case management, settlement conferences, ethics, and unauthorized practice of law. He has lectured on jury reform in Washington, Wyoming, and the District of Columbia; and has discussed the confidentiality of settlement agreements at an ALI-ABA program on products liability in Boston, Massachusetts.

    Select speaking engagements include:

  • Faculty on presentation of State Bar of Arizona Business Law Section at SBA Annual Convention: Prosecution and Defense of a Business Case in Arizona (2013)
  • Faculty on Litigation and Business Section's presentation of Litigating a Business Case in Arizona at Arizona State Bar CLE by the Sea (2014)
  • Presided over mock appellate arguments as Faculty at annual Arizona State Bar Construction Law Section's Seminars (2012, 2013, 2014, and 2015) (Also scheduled to preside in 2016)
  • Employment Law Seminar, Steptoe Johnson/AZilg, September 2012
  • Top Ten Ethics Tips For Government Lawyers, Arizona Attorney General (May 2011)
  • Practical Tips for Everyday Lawyering – 10 Tips for Mediation, State Bar of Arizona (October 2008); and State Bar of Arizona College of Trial Advocacy (July 2008)
  • Presenter at Annual Judicial Education, Superior Court of Arizona, County of Maricopa (October 2007)
  • National Association of Subrogation Professionals (October 2007)
  • ADR for New Judges, Arizona Supreme Court New Judge Orientation (September 2007)
  • Mediation Tips for All Lawyers, Scottsdale Bar Association ( July 2007)
  • Pretrial Motions, State Bar of Arizona (December 2005, 2006, and 2007) – oral and written advocacy
  • New Judge Orientation - General Jurisdiction, Arizona Judicial College (January 2006)
  • Trial Law – Seminar Series: Trial Settlements, State Bar of Arizona (November 2005)
  • Ethics for Trial Lawyers, Arizona Trial Lawyers Association (June 2005)

PRESS

  • Honored Judge Announces Retirement from Superior Court, Judicial Branch Newsletter, January 2007
  • Judge Schneider Retires, Maricopa Lawyer, February 2007
  • Court Has Adjourned, Jewish News of Greater Phoenix, February 2007

AWARDS

  • Marquis Lifetime Achievement Award, 2019
  • Marquis Who’s Who of Lawyers, 2019
  • Fellow of the American Bar Association Foundation, 2015
  • James A. Walsh Outstanding Jurist, State Bar of Arizona, 2008
    (Recognition of that judge who exemplifies the highest standards of judicial conduct for integrity and independence; who is knowledgeable of the law and faithful to it; who is unswayed by partisan interests, public clamor, or fear of criticism; who is patient, dignified, and courteous to all who appear before the Court; and who endeavors to improve the administration of justice and public understanding of, and respect for, the role of law in our society.)
  • Edward Weisband Distinguished Alumni Award for Public Service or Contributions to Public Affairs, Binghamton University, 2008
    (Recognition of one alumnus each year whose life, work, career, and contributions exemplify the highest standards of public service and deepest dedication to public affairs and sustenance of the common good at home and abroad.)
  • President’s Award, State Bar of Arizona, 2002
    (Given, at the discretion of the President of the State Bar of Arizona, to one “who has contributed enormous effort toward the furtherance of the President’s goals and priorities…”)
  • Judicial Officer of the Year, American Board of Trial Advocates (local chapter), 2002
  • Henry S. Stevens Award, Maricopa County Bar Association, 1997
    (Given for “Outstanding Service to the Legal Profession”)

COMMUNITY INVOLVEMENT

  • American Jewish Committee
  • Friends of the Court