Volume 10, No. 18 | August 30, 2011

eye on ethics


Q. Must an out-of-state lawyer who refers a case to me perform any work on the case in order for us to share fees?

A. No. ER 1.5(e)(1) requires that each lawyer receiving any portion of a fee assume “joint responsibility,” which means at a minimum malpractice liability. Read OP 10-04 or 04-02.


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Leader of the Band
Our profile of new State Bar President Joe Kanefield.


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member news


ASU Law School Students Making a Difference: Distressed homeowners have a new advocate in their corner as the Homeowner Advocacy Unit in the Civil Justice Clinic at ASU's Sandra Day O'Connor College of Law opens its doors this month. more»



In the news


U.S. Attorney for Arizona Dennis Burke resigns: Dennis Burke, U.S. Attorney for Arizona, announced his resignation Tuesday morning effective immediately. more»


Jail Inmate Cannot Claim Privilege for Recorded Call: An inmate's jailhouse phone call instructing relatives to relay to his attorney his willingness to accept a plea deal is not protected by attorney-client privilege, a federal appeals panel has ruled. more»


from the bar


E-Filing Is Here: The State Bar of Arizona CLE Department has just added a final training on AZTurboCourt for civil subsequent filing. It’ll be held Friday, September 9. more»

MCLE Affidavits of Compliance Due September 15: More than one-third of members required to file have already done so.  Members may submit their affidavits online or use the printed form contained in the September issue of Arizona Attorney. Late fees, per Rule 45, Ariz. R. Sup. Ct., are assessed if 2010-11 requirements were completed after June 30th, and/or if the affidavit is filed after Sept. 15. more»

Arizona Supreme Court Agrees to Extend Comment Period on Client Representation: The Arizona Supreme Court has issued an order granting the State Bar of Arizona's request to extend the comment period regarding its proposal dealing with lawyers who exhibit bias or prejudice while representing clients. more»

Looking for Another Way to Connect with the Bar? Joe Kanefield, our very own Bar president has been launched into cyberspace and is now providing his Twitter and Facebook followers with relevant information regarding the Bar, the Board of Governors, and the legal profession. Add him, like him and follow him on Twitter and Facebook today!

Volunteers Sought for Court Committees and Legal Services Board: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Supreme Court Committee on Character and Fitness, the Arizona Supreme Court Committee on Examinations and the Community Legal Services Board of Directors. For more information contact Nina Benham.

Legal Services Corporation Survey - Please Act by September 16: Every five years the Legal Services Corporation (LSC) in Washington, D.C. requires the legal service providers funded by LSC in each state to conduct a brief survey of their members to identify legal needs across Arizona.  Using the information gathered, the legal aid groups can set the priority for legal aid services being offered in each area of the state. The survey should only take five minutes to complete. Deadline is September 16. Click here for the survey.

Promote Your Services in the Second Annual ADR/Mediation Guide: There’s still time to sign up to advertise in Arizona Attorney's 2011 ADR/Mediation Guide. It can help bring you new business through referrals from other attorneys. Contact Kate Cortez to request more information.  Orders will be accepted until 5 pm on Sept. 1.

Stop Horsing Around! Unless You Think It’ll Bring Home the Prize: The Phoenix Rotary 100 will host the 1st annual John O’Connor Humor Competition where law students, law faculty and legal practitioners around the state will vie for several cash prizes. Proceeds will benefit the Phoenix Rotary 100 scholarship fund. Don’t miss the Sept. 1 deadline to submit your humorous story, jokes or anecdotes! more»

Mark Your Calendar: The Native American Bar Association of Arizona will honor leaders in the Native American community at their annual Seven Generations Award Dinner and Silent Auction that will be held on Saturday, Sept. 24. To learn more about the event click here.


court decisions


Arizona Court of Appeals

Division One
| Division Two

August 24, 2011 - 2 CA-CR 2011-0084-PR - State of Arizona v. Joseph M. Goddard 
Did the trial court properly designate petitioner’s convictions dangerous crimes against children when he had been convicted of attempted sexual conduct with a minor who was under twelve years of age under former A.R.S. § 13-604.01? Read Opinion.

9th Circuit Court of Appeals

August 30, 2011 - 10-35846 - Lyon v. Chase Bank USA, N.A.
In an appeal of a district court judgment dismissing the plaintiffs' Unlawful Debt Collection Practices Act (UDCPA) complaint for failure to state a claim and limiting the total Fair Credit Billing Act (FCBA) recovery to $1000, judgment is reversed where court erred in: 1) dismissing UDCPA claim; 2) requiring evidence of detrimental reliance to support actual damages and limiting statutory damages for defendant's multiple violations of the FCBA to a single recovery; and 3) denying any award of attorneys' fees related to plaintiffs' successful FCBA claim. Read Opinion.

August 30, 2011 - 10-30125 - US v. Crowder
In an appeal from a judgment of the district court convicting defendant for failing to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. section 2250(a), conviction and sentencing are affirmed where the government is not required to prove that a defendant knew that SORNA imposed a registration requirement in order to sustain a conviction under the statute. Read Opinion.


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