Volume 12, No. 6 | March 19, 2013 

eye on ethics

Q: I�ve been representing my client for some time now but things look like they�re going to require litigation and I don�t want to handle the litigation. Can I recruit co-counsel to help me and share my fee with them?

A: So long as you and your co-counsel take joint responsibility for the full representation of your client, you tell your client about co-counsel�s involvement, your client approves and agrees to their involvement in a document the client signs, and the total fee charged to client is reasonable, then you can seek out and share your fee with co-counsel. See, ER 1.5.


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member news

Arizona Lawyers Aid Veterans in StandDown Event: The State Bar of Arizona and 24 volunteer attorneys joined several service providers at the Arizona Veteran StandDown that offered a variety of health and human services to homeless and at-risk veterans in our state. Volunteer attorneys from across the valley fielded legal questions via one-on-one consultations with veterans seeking legal advice. more�

Damon Boyd of Snell & Wilmer Recognized by the AZFLSE: The Arizona Foundation for Legal Services & Education (AZFSLE) would like to recognize Damon Boyd for his outstanding contributions to the Foundation. Damon has participated in many Foundation projects including lending his legal expertise to Law Related Education Academies, Kids Voting Arizona, and the Foundation�s legal websites. One of his most recent contributions enabled LawforKids.org to start its own glossary allowing Arizona children to be able to understand the complex legal terms that cannot be avoided when educating youth about the law.  Thank you, Damon, for your dedication to the Foundation and for volunteering us your expertise.

In the news

U.S. Supreme Court Justices Ask Tough Questions on Voter Registration Law: The U.S. Supreme Court decision on Arizona's voter-registration law, which aims to keep illegal immigrants off the voter rolls but has made access difficult for some citizens, could come down to one swing justice if questions at Monday's hearing provide any clues to opinions on the bench. more�

Ohio Teen Wears 'killer' Shirt, Curses at Victims' Families at Sentencing: Wearing a T-shirt with "killer" scrawled across it, smirking and gesturing obscenely, a teen who killed three students and wounded three more was sentenced Tuesday to life in prison without parole. more�

from the bar

The Economics of Law Practice in Arizona Study Ends Friday: This year's study includes questions about law school debt, salary levels, billing rates by practice and geographic area, and more.  If you haven�t received a link to the study, please email Pat Giallanza or call 602.370.7226.

Should Arizona Follow American Bar Association Changes to Admissions Rules? The State Bar of Arizona wants your comments about whether Arizona should make it easier for out-of-state lawyers to become admitted on motion, as well as allow them to set up practice here while applying for admission. Read the comments request here. Read the ABA's Model Rule on Admission on Motion and Model Rule on Practice Pending Admission to learn more about their revised admissions rules.

2013 Minority Bar Convention Rapidly Approaching: The 2013 Minority Bar Convention, the "Future of Diversity in the Law," will be held on April 4 and 5 at the Desert Willow Conference Center. Co-sponsored by the Committee on Minorities and Women in the Law, this day-and-a-half conference will offer outstanding programming, education, and networking opportunities for lawyers to hone skills necessary to meeting their clients' demands. You are encouraged to register before March 15 to receive the early bird discount. more�

Meet the 2013 Board of Governors Candidates: Six candidates are running for election in four Board districts.  Online elections will be held in May. more�

Are You Interested in Joining a State Bar Committee? We are now accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona.  Applications must be received no later than April 17, 2013.  To learn more about the various committees and to fill out an application click here.

Four-year Suspension Ordered for Phoenix Attorney Jane O. Ross: Attorney Jane O. Ross of Phoenix has been suspended from the practice of law for violating the Rules of Professional Conduct, resulting from an investigation conducted by the State Bar of Arizona. After a four-day trial, the three-member hearing panel led by the Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Jane O. Ross be suspended from the practice of law for four years, effective February 27, 2013. more�

Phoenix Attorney Ryan M. Wackerly Disbarred for Violating the Rules of Professional Conduct and Non-Compliance: The three-member hearing panel led by the Presiding Disciplinary Judge of the Arizona Supreme Court issued an order disbarring Ryan M. Wackerly of Phoenix on March 5, 2013. Wackerly's disbarment resulted from his abandonment of his client's employment law matter after collecting $3,500 in fees and failing to issue a refund. more�

Attorneys Edward D. Fitzhugh, Gil Shaw, and Thomas A. Walcott Suspended from the Practice of Law: Attorneys Edward D. Fitzhugh of Tempe, Gil Shaw of Prescott, and Thomas A. Walcott of Gilbert have been suspended from the practice of law for violating the Rules of Professional Conduct. more�

Thomas M. Corea Disbarred from State Bar of Arizona: The Presiding Disciplinary Judge of the Arizona Supreme Court has issued an order disbarring Thomas M. Corea of Dallas, Texas. The order is a result of reciprocal discipline being imposed. more�

2013 Distinguished Lecture Features Larry Kramer of the William and Flora Hewlett Foundation: The James E. Rogers College of Law at the U of A welcomes Larry Kramer, President of the William and Flora Foundation as the featured speaker of their 2013 Distinguished Lecture. His lecture, "The Past, Present, and Future of Legal Education," will be held on Weds., March 27, 2013 from 12:15 - 1:15 p.m. more�

Need New Prom Memories? Come help the Foundation honor the 2012 Top Pro Bono Lawyers all while creating some new fun prom memories!  The event is April 6th from 7 to 10 p.m. at the Stars Ballroom in Mesa. Tickets are $35. more�

Notice of Availability of Competitive Grant Funds for Calendar Year 2014: The Legal Services Corporation (LSC) announces the availability of competitive grant funds to provide civil legal services to eligible clients during calendar year 2014. A Request for Proposals (RFP) and other information pertaining to the LSC grants competition will be available from www.grants.lsc.gov during the week of April 8, 2013. Refer to www.grants.lsc.gov for filing dates and submission requirements.

American Bar Association Section of Litigation Celebrates the 50th Anniversary of the Landmark Case of Gideon v. Wainwright: Nearly 50 years ago, on March 18, 1963 the U.S. Supreme Court ruled that everyone charged with a felony offense had the Constitutional right to a lawyer.  No longer would any other criminal defendant face a possible jail sentence without the help of an effective lawyer. To help celebrate, the ABA Section of Litigation has gathered information and resources on this ground-breaking case for you explore. more�

FREE, Unlimited Online Legal Research: State Bar members can access free, unlimited online legal research through a member benefit powered by Fastcase. Click here for more information. For a listing of all State Bar member discounts, click here.

Arizona Verdicts - Free Case Report from West's Jury Verdicts: Through an alliance between the State Bar of Arizona and Thomson Reuters Westlaw, members of the State Bar can keep abreast of Arizona jury and bench trials, settlements, and arbitrations. Members can access free West's Jury Verdicts - Arizona Reports content only by clicking here, request free case summaries, read West's new monthly "Arizona Verdicts" article in Arizona Attorney, and submit case results for free publication.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 14, 2013 - 1 CA-SA 12-0290 - State of Arizona v. Hon. Harris/Maxwell
Whether Arizona Revised Statutes section 28-1382(I), which permits a judge to suspend all but nine days of a DUI sentence if the defendant installs an ignition interlock device for twelve months, applies retroactively to offenses occurring prior to December 31, 2011. Read Opinion.

February 28, 2013 - 2 CA-SA 2012-0076 - Calisto Mariko Wells v. State of Arizona
Did the trial court abuse its discretion in ordering a defendant to disclose to the state recordings of interviews with police witnesses, conducted without the prosecutor's knowledge, when he intended to use the material solely for impeachment? Read Opinion.

9th Circuit Court of Appeals

March 18, 2013 - 07-99012 - Gulbrandson v. Ryan
Habeas corpus petition by an Arizona state prisoner challenging his conviction and capital sentence for murder, was properly denied, where: 1) the state court did not unreasonably apply Strickland to deny petitioner's ineffective assistance of counsel claims; 2) petitioner's claim that counsel was ineffective by failing to recall his expert at sentencing to testify about the potential for rehabilitation was procedurally barred; 3) the district court did not abuse its discretion by denying petitioner's requests for evidentiary hearings on his various ineffective assistance claims; 4) petitioner was not entitled to relief as to his claim that the trial judge considered victim impact evidence from the victim's family members during sentencing in violation of the Eighth amendment, because there is no Supreme Court case squarely addressing the issue of whether a judge (as opposed to a jury) is barred from considering such evidence; and 5) petitioner's request to file a second petition is denied because petitioner did not demonstrate either due diligence or actual innocence as to his claims that were not presented in his first state habeas petition. Read Opinion.

March 15, 2013 - 11-55129 - Allen v. Federal Deposit Insurance Corporation
In a wrongful termination case stemming from plaintiff's complaints about a bank's lending practices, the district court's order remanding the case to state court is affirmed where 12 U.S.C. section 1819, a statute that gives the FDIC the right to remove actions from state court to federal court, is triggered when the FDIC has been sued or when FDIC has been substituted as a party, and neither of those events occurred here. Read Opinion.




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