Volume 11, No. 18 | August 28, 2012


eye on ethics

Q: I believe my client has diminished capacity and can no longer make decisions in his own best interest. What should I do?

A: ER 1.14 advises attorneys to maintain, as much as possible, a normal attorney-client relationship with diminished capacity clients. However, if the diminished–capacity client cannot adequately act to protect his own interest, ER 1.14 allows attorneys to take steps to protect the client, such as consulting with individuals and entities that can help or, in some cases, seeking the appointment of a guardian ad litem, conservator or guardian.



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member news

Attorneys Louis Denetsosie and Linda Arnold to be Recognized at Seven Generations Awards Dinner: The Native American Bar Association of Arizona (NABA-AZ) will recognize Louis Denetsosie with their Lifetime Achievement Award and Linda Arnold as the NABA-AZ Member of the year at the fourth annual Seven Generations Dinner on September 29, 2012. Both Detsosie and Arnold will be honored for their commitment to the Native American Community.


In the news

Networks Prevail in Copyright Dispute Over Online Service: The U.S. Court of Appeals for the Second Circuit yesterday barred a company that streams live TV shows over the Internet from continuing to transmit the programming, finding that to hold otherwise would "destabilize [an] entire industry" and inflict irreparable damage on the networks. more�

Judge Skeptical About Graduates' Claim that Brooklyn Law School Committed Fraud: The fraud class action brought by graduates of Brooklyn Law School against their alma mater appears to be turning into an uphill battle.

Attorneys for both sides spent three hours before Kings County, N.Y., Supreme Court Justice David Schmidt on August 21 debating the law school's motion to dismiss. more�


from the bar

Applications Being Accepted for Newly Forming Pinal County Commission on Trial Court Appointments: The State Bar of Arizona, the State's attorney regulation and consumer protection organization, is currently accepting applications to fill five lawyer openings on the Pinal County Commission on Trial Court Appointments. Results from the 2010 U.S. Census, which reported that the population of Pinal County now exceeds 250,000, triggered the constitutional requirement to create a trial court commission. more�

Arizona Supreme Court Creates "One-Stop Shop" for Probate Information: To support new rules by the Arizona Supreme Court and assist the public with implementation, a new web page has been developed serve as a "one-stop shop" for probate information, particularly as it relates to guardianship and conservatorship cases, and is geared toward non-licensed fiduciaries who likely will need the most assistance. more�

Attorneys with Federal Court Experience Encouraged to Apply for Ninth Circuit Judicial Conference: Each year the Judges of the United States District Court and Bankruptcy Court in Arizona select lawyers with experience in the Federal Courts to serve as Lawyer Representatives to the Ninth Circuit Judicial Conference.Attorneys who are in good standing are encouraged to apply for one of the five openings. more�

Trial College Graduates 24 Lawyers: The State Bar’s 2012 Arizona College of Trial Advocacy  wrapped up in August to rave reviews from the graduating class. more�

So You Wanna Be a Law Professor? On September 15, the Sandra Day O’Connor College of Law hosts its 4th annual Aspiring Law Professors Conference. Geared toward current law professor hopefuls and attorneys thinking about moving from practice to academia, the free conference provides practical information about preparing for life as a law professor. More than a dozen professors from around the country will share their experiences in landing teaching jobs, and answer questions about the appointments process. Mock interviews and job talks also are planned. more�

Want to Promote Your Mediation/Arbitration Services? There’s still time to sign up to advertise in Arizona Attorney's 2012 ADR & Mediation Guide. It will support your new business development efforts through referrals from other attorneys. Orders will be accepted until 5 pm on August 31. Contact Kate Cortez