Volume 12, No. 8 | April 16, 2013 

eye on ethics

Q: I�ve learned from my client that the opposing party, who is represented by counsel, has posted some helpful information on their Facebook page, but only friends of the opposing party may access the Facebook page.  May I, or a member of my staff, contact the opposing party through Facebook?

A: No. While a lawyer or their non-lawyer assistants may view public information posted on social media sites, a lawyer is prohibited from attempting to directly contact an opposing party through social media when the lawyer knows that person is represented by counsel and may not authorize any non-lawyer assistant to do so on the lawyer�s behalf.  ERs 4.2 and 5.3.


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Double Life
Some lawyers carve out time to be artists. Here�s how a few attorneys do it.

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member news

Eight Attorneys Recognized for their Contributions to Modest Means: The Arizona Foundation for Legal Services and Education would like to recognize and highlight the positive contributions made by the attorney-presenters during the Modest Means Project Foundations of Justice CLE series.  Please join us in thanking Dorothy Brogan, Susan Bulfinch, David Horowitz, Denise Blommel, Veronika Fabian, Hyung Choi, Carrie Rednour, and Maurice "Mo" Goldman.

In the news

U.S. Justices Wary of Wide Human Gene Patent Ruling: U.S. Supreme Court justices on Monday signaled reluctance to issue too broad a ruling about patents on human genes, and some indicated they might seek a compromise distinguishing between types of genetic material. more�

High Court Wrestles with Indian Adoption Dispute: The Supreme Court is trying to sort out a wrenching adoption case involving a Native American child, a biological father who first renounced any interest in her and adoptive parents who were eventually ordered to hand her over to the father. more�

No Lawyer for Miles, So One Rural State Offers Pay: Rural Americans are increasingly without lawyers even as law school graduates are increasingly without jobs. Just 2 percent of small law practices are in rural areas, where nearly a fifth of the country lives, recent data show. more�

from the bar

One Day Left to Apply for a State Bar Committee: We are still 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.

Professional Volunteer Opportunities: The State Bar of Arizona encourages you to apply by May 1st for openings on four law-related entities. Apply to serve as an ABA Delegate, a Client Protection Fund Trustee, a Community Legal Services Board Member, or a City of Surprise Judicial Selection Advisory Commissioner.

Admissions Subcommittee Continues to Review Process: The Attorney Regulation Advisory Committee's (ARC) admissions subcommittee has been meeting regularly to review the admissions process. If you planned to participate in the April 17 meeting, please note that it has been cancelled and discussion items will be added to the May 22 forum agenda. All interested persons are invited to attend forums addressing discrete parts of the admissions process. more�

Volunteer One Day, Make a Difference for a Lifetime: The State Bar of Arizona needs to fill 14 volunteer openings for its second annual legal aid clinics that will be held across the Valley and in Tucson on Saturday, April 27 in celebration of Law Day 2013. Volunteers are still needed for the following sessions: landlord and tenant, seven volunteers; family law, two bilingual volunteers; bankruptcy and foreclosure, three volunteers; and immigration, two volunteers. If you're interested in volunteering for one of these sessions, contact Alberto Rodriguez at alberto.rodriguez@staff.azbar.org or 602.340.7293.

Legal Aid Clinics Can Help You: Do you receive calls from consumers who seek pro-bono assistance? Do you receive calls from consumers whose legal questions don't fall under your practice area?  Are you an attorney who would love to help, but can't commit because of your limited availability and specific practice area? If so, let the State Bar help you! We encourage you to direct consumers to the 2013 State Bar of Arizona's Law Day Legal Aid Clinics on Saturday, April 27. In its second year, the FREE legal aid event will offer clinics at four locations across the Valley and one in Tucson. more�

You Still Have Time to Chime In: 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. The comment deadline is Friday, April 19. 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.

Mark Your Calendars for the 2013 State Bar of Arizona Convention: The State Bar of Arizona's Annual Convention, "Serving Justice," will be held from June 19th through the 21st at the Arizona Biltmore Resort and Spa in Phoenix. The three-day convention promises to educate and inspire you by offering  more than 45 seminars that include nationally recognized speakers, as well as unique social and networking opportunities. more�

Arizona Supreme Court Clarifies Document Preparer's Role: In an effort to resolve issues resulting from the confusion of a Certified Legal Document Preparer's (CLDP) authority to prepare certain notices and liens, the Arizona Supreme Court solicited public comment to help clarify. After considering public comments, the Court clarified the issue via administrative order. The order prohibits a CLDP from signing any document it prepares for, or provides to, a person or entity with the exception of preliminary 20-day construction lien notices, condominium and planned community association lien notices, health-care provider liens, and mechanic's liens. View the amendment here or contact Ward Parker, UPL Counsel, at 602.340.7205.

Memorial Service for Professor Joe Feller Set for Saturday May 4: The Sandra Day O'Connor College of Law at Arizona State University will hold a public memorial service in celebration of the life of Professor Joe Feller on Saturday, May 4, 2013 in the Great Hall/Armstrong Hall on the Tempe campus. Professor Feller did Monday, April 8, following a car accident in Tempe. more�

We Want Your Money: Did you know that State Bar members, families and employees are eligible for membership with two partnering credit unions? Take a look at both, and see which one may work for you.

  • Arizona Central Credit Union offers members great rates on auto loans, credit cards, and home loans; and offers low-cost financial solutions to meet the needs of your law practice. Contact Arizona Central Credit Union by clicking here or call 602.264.6421 (toll free 866.264.6421).
  • First Credit Union serves State Bar members and Arizona employees of their law firms, and offers value-priced loan and deposit products plus free online, mobile and text banking and free bill pay. Go to their website and click on Select Employer Groups.

The Gecko says: Get Exclusive Discount Member Discounts with GEICO: Mention you are a State Bar of Arizona member to see how much you could save on car, homeowner's, renter's, condo, motorcycle, boat, PWC, ATV, and RV insurance. Visit GEICO here or call 800.368.2734 to complete a simple, no-obligation rate quote. For a listing of all your State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 28, 2013 - 1 CA-CV 11-0626 - Thomas E. Blankenbaker, et al. v. Germaine Marks, et al.
Is the Director of Insurance subject to mandamus for allegedly failing to enforce Arizona Revised Statutes section 20-461(B), which requires deductibles be �equally applied� by insurers to various classifications of physicians? Read Opinion.

April 12, 2013 - 2 CA-CV 2012-0114 - In Re The Marriage of Kassa
Is a special order after judgment sufficient to vest the Court of Appeals with jurisdiction when it does not resolve all issues raised in the post-decree petition or contain certification of finality pursuant to Rule 78(B), Ariz. R. Fam. Law P.? Read Opinion.

9th Circuit Court of Appeals

April 15, 2013 - 11-16938 - Sams v. Yahoo! Inc.
Dismissal of putative class claims alleging that defendant Yahoo! violated the Stored Communications Act (SCA) when it disclosed subscriber information to the government pursuant to allegedly invalid subpoenas, is affirmed, where defendant is statutorily immune from suit under the SCA's good-faith immunity provision in 18 U.S.C. section 2707(e) because it produced the requested documents in good faith reliance on grand jury subpoenas. Read Opinion.

April 12. 2013 - 11-16892 - Busk v. Integrity Staffing Solutions, Inc.
Dismissal of plaintiffs' class action suit for unpaid wages under the Fair Labor Standards Act (FLSA) and Nevada state law is: 1) reversed in part as to the state law claims, where a FLSA collective action and a state law class action are not inherently incompatible as a matter of law even though plaintiffs must opt into a collective action under the FLSA but must opt out of a class action under Federal Rule of Civil Procedure 23; 2) reversed in part, where plaintiffs stated an unpaid wages claim under the FLSA and parallel state law for undergoing a security clearance meant to prevent employee theft at the end of each shift, because plaintiffs sufficiently alleged that this activity was "integral and indispensable" to their principal activities; but 3) affirmed in part as to the dismissal of a claim under the FLSA for shortened lunch periods remanded for the district court to consider the argument that the workers stated a state law claim regarding lunch periods because Nevada defines "work" differently than federal law. Read Opinion.




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