Volume 12, No. 1 | January 8, 2013 

eye on ethics

Q:  Am I required to withdraw from the representation of my client if they file a bar complaint or malpractice suit against me while their matter is pending?

A:  If your personal interests in defending yourself against your client�s allegations are adverse to your client�s interests then you must withdraw from representing your client under ER 1.16(a). Even though the bar complaint or malpractice matter will be addressed in a different arena from your client�s pending matter, your adverse interests against each other create a conflict of interests that may not be waived. See, ER 1.7(b).


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Horse Sense
Equine law has a long history in Arizona. Here are some of today�s horse issues and people who address them.

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member news

Kay Nehring Recognized by DNA People's Legal Services: DNA People�s Legal Services would like to thank Prescott attorney Kay Nehring for her work with the Veterans Law Clinic in Prescott. Kay saw the need for help in her community and started the clinic, which meets every first Saturday of the month at the Disabled American Veterans in Prescott.


In the news

How International Law Brought Back Animal Testing of Cosmetics: Call it "the global squeeze." And it's not the kind of squeeze a company takes kindly to. Caught between conflicting ethical and legal demands imposed by an increasingly global marketplace, companies may find that they are vilified in one country merely because they have conformed to the rules of another. more�

AIG Said to Consider Suing U.S. for Bailout that Saved Company: At the same time American International Group Inc. has been running high-profile ads thanking America for the bailout that saved the company, the insurance giant reportedly is considering joining a shareholder suit against the U.S. government for the rescue. more�

from the bar

File Your State Bar Annual Statement and Dues Online: The State Bar would like to remind you that it will not be mailing Annual Statements this year. Instead, please go online where your 2013 annual statement can be completed, reviewed and submitted in one easy process by clicking here.  Payments can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2013. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2013. more�

Applications for Three Judicial Nominating Commissions Due Tomorrow: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, and the Pima County Commission on Trial Court Appointments. Individuals interested in applying must submit their application by Wednesday, January 9, 2013.

New IRS Rule Could Cause Problems If You Accept Debit or Credit Cards: Starting January 1st, attorneys who accept credit cards need to make sure that the names on their merchant accounts match the ones the IRS has on file. Some attorneys may have used abbreviations or acronyms when they opened their accounts. more�

State Bar Seeks Your Input Regarding Document Preparer Services: The Arizona Supreme Court has requested comment regarding the permissible services of Legal Document Preparers.  The State Bar Board of Governors is now seeking your input.  For further information, click here.

Scottsdale Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Eddie A. Pantiliat of Scottsdale be reinstated as an active member of the State Bar of Arizona. more�

Attorneys Joseph W. Charles, Richard E. Clark, and Daniel P. Jensen Suspended from the Practice of Law: Attorney Joseph W. Charles of Glendale, Richard E. Clark of Liverpool, New York, and Daniel P. Jensen of Tempe have been suspended from the practice of law for violating the Rules of Professional Conduct. more�

Tucson Attorney Consents to Disbarment: The Presiding Disciplinary Judge of the Arizona Supreme Court accepted a consent to disbarment and ordered that Miriam H. Klaiman of Tucson be disbarred, effective Oct. 3, 2012. more�

Arizona Supreme Court Issues Access to Justice Orders: The Arizona Supreme Court issued two emergency orders, effective January 1, 2013, that provide more access to justice for people of limited means. more�

St. Thomas More Society of Phoenix Invites You to Attend the 43rd Annual Red Mass: The event commemorates the start of the legislative session. Join in on Tuesday, January 22 at Saint Mary�s Basilica in Phoenix. The Mass begins at 5:30 p.m. People of all faiths are invited to attend. more�

Humor Us: The Second Annual "John J. O'Connor Phoenix Rotary 100 Humor Contest" is being held at noon on February 1 at the Phoenix Country Club. Attorneys, law students and law professors are eligible. more�

American Indian Probate Reform Act (AIPRA) Probate Law & Will Drafting Seminar: The seminar is designed to provide in-depth analysis and training required to help Indian trust landowners make informed decisions regarding the disposition of their trust holdings. It will provide the practitioner with expert training to navigate AIPRA�s distinct will-drafting requirements to avoid common mistakes that jeopardize the effectiveness of an AIPRA will. more�

State Bar Expands Member Assistance Program: The State Bar of Arizona has expanded its Member Assistance Program (MAP) statewide to reach lawyers needing help with stress, depression, substance abuse, alcohol, and mental health issues. Don't let personal problems tear you apart, confidential help is just a click away. more�

Support the Judge John Roll Memorial Scholarship Fund: Learn how to sponsor a runner in this year's P.F. Chang's Rock 'n' Roll Arizona Marathon and Half Marathon. Proceeds from the legal community benefit the Fund. more�

court decisions

Arizona Court of Appeals
Division One
Division Two

December 6, 2012 - 1 CA-SA 12-0205 - State of Arizona v. Hon. Woodburn/Schmeissing
Can the trial court sentence a defendant to probation under Proposition 200 after he pled guilty to attempting to obtain or procure a narcotic drug by fraud, deceit, misrepresentation or subterfuge? Read Opinion

December 7, 2012 - 2 CA-SA 2012-0067 - Cornerstone Hospital of Southeast Arizona v. Ernest H. Blackburn 
1. Did the respondent judge err as a matter of law and thereby abuse his discretion by finding A.R.S. � 12-2604, which prescribes the qualifications for standard-of-care experts in medical malpractice actions, does not apply to an action brought pursuant to the Adult Protective Services Act, A.R.S. �� 46-451 through 46-459, that is based on allegations of medical negligence? 2. Did the respondent judge err by finding real party in interest�s designated standard-of-care expert, a registered nurse with various nursing degrees, qualified to testify about the standard of care for and conduct of registered nurses, licensed practical nurses, and certified nursing assistants involved in the care of real party in interest�s now-deceased wife at petitioner Cornerstone Hospital, a long-term acute care facility, but not qualified to provide similar testimony and opinions about purely administrative decisions made by Cornerstone�s administrative staff? Read Opinion.

9th Circuit Court of Appeals

January 7, 2013 - 09-55907 - Peralta v. Dillard
In 1983 action against defendant prison dentist alleging deliberate indifference to plaintiff-prisoner's medical needs related to his dental care, judgment for defendant dentist is affirmed, where the district court did not err in instructing the jury that a doctor or dentist is not individually liable for services which he or she could not render or cause to be rendered because the necessary personnel, financial, and other resources were not available to him or her or which he or she could not reasonably obtain. Read Opinion.

January 7, 2013 - 11-35269 - Jayne v. Sherman
In challenge to the United States Forest Service's Record of Decision adopting the modified Idaho Roadless Rule, which creates different categories of land within Idaho's 9.3 million acres of "inventoried roadless areas," summary judgment for defendants is affirmed and the district court opinion is adopted, which held: 1) the Fish and Wildlife Service did not violate the Endangered Species Act in preparing the Biological Opinion; and 2) the Forest Service did not violate National Environmental Policy Act in relying on the Biological Opinion or in preparing the final environmental impact statement and the record of decision approving the Idaho Roadless Rule. Read Opinion.




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