Volume 12, No. 12 | June 11, 2013 

eye on ethics

Q: I want to place an advertisement for my firm informing readers that "I can help" with their legal problem. Is that misleading?

A: Generally, yes, because by itself the phrase "I can help" omits the fact that a  lawyer may not know whether they can actually help a client or potential client until after meeting with the client and learning the specifics of their matter and how the law may apply to the client�s particular goals. ER 7.1.


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The Jury�s In
Our cover story reviews the largest jury verdicts, including defense verdicts, from the past year. 

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member news

Arizona Attorneys Continue to Help Consumers: The State Bar of Arizona continues to offer quality consumer-related programs because of the generosity of committed lawyers. This evening, volunteer attorneys Lat J. Celmins, Scott M. Clark, Clark Dove, Paul A. Henderson, Bill Miller, Shawn Nelson, Steve Rensch, Stanley Silas, Ed Tybor and Nicholas J. Wood will answer consumers' landlord and tenant questions on the State Bar of Arizona and 12 News' Lawyers on Call program. more�

In the news

Waiting Continues for Big Decisions at the Supreme Court: The major televisions stations, amidst a labyrinth of cameras and wires, staked out their positions on Monday morning right below the steps of the U.S. Supreme Court plaza. Inside the building, the pressroom buzzed with visiting reporters and interns. Was something big about to happen? more�

Sober Man's DUI Arrest Leads to $500K Claim: A sober man's DUI arrest is turning into a sobering experience for police in Surprise, Arizona. Jesse Thornton, a 64-year-old retired firefighter, hadn't been drinking when he was pulled over by police one night and arrested for a DUI. A Breathalyzer test confirmed his blood-alcohol level was zero. more�

from the bar

State Bar of Arizona Board of Governors Election Results Announced: State Bar of Arizona members elected six Board of Governors members who will serve three-year terms in their respective districts that include: District 3 � Gila, Graham, Greenlee counties; District 4 � Cochise County; District 5 � Pima, Santa Cruz counties; and District 7 � La Paz, Yuma counties. Elections were held in four of eight Board districts. more�

Football Hall of Famer Turned Minnesota Supreme Court Justice Featured at State Bar Convention Luncheon: Tickets are selling quickly for the State Bar of Arizona Annual Luncheon that will be held on Friday, June 21. The luncheon will feature Minnesota Supreme Court Justice Alan C. Page who played defense for the Minnesota Vikings and Chicago Bears earning him a spot in the Pro Football Hall of Fame. Today he is heavily involved in support of equal education for all children, having established the Page Education Foundation. more�

Arizona's Admission-on-Motion Rule Expanding: The Admission-on-Motion Rule will expand to allow lawyers who have been admitted by bar examination in a non-reciprocal jurisdiction, such as California, but have been admitted by motion and practices in a jurisdiction that Arizona deems reciprocal, such as the District of Columbia, can apply for admission on motion in Arizona. more�

Ethics Committee Proposes Amending Conflicts Rule: The State Bar's Committee on the Rules of Professional Conduct (Ethics Committee) is proposing that the State Bar file a rule-change petition to modify the ethical rules on screening and imputation of conflicts. more�

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 Wednesday, June 19 meeting, please note that it has been pushed up one day to Tuesday, June 18. All interested persons are invited to attend Forum 6: Rules affording confidentiality during the application process to applicants and third-party information providers. more�

Enhance Your Practice and Become Board Certified: Applications are being accepted through August 1 for the 2013 certification cycle. Become certified in one of our eight areas of specialization that include criminal, family, and real estate law.  Learn more about the standards for certification or apply by clicking here.

Don't Miss Your Chance to Earn CLE Credit, Lay on the Beach, and Rub Shoulders with Stars at CLE By the Sea: Head to the world famous Hotel del Coronado in San Diego, Cali., July 17th through the 20th for the annual CLE by the Sea program. CLE by the Sea is the premier continuing education event offered by the State Bar of Arizona, and is well-attended each year by attorneys and judges from across the United States. more�

Phoenix Attorney Cameron M. Hall Suspended for Abandoning Practice: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that attorney Cameron M. Hall of Phoenix be suspended from the practice of law for four years. more�

FREE Law Camp for High School Students in Phoenix and Tucson: The State Bar of Arizona will host the Phoenix Summer Law Camp on June 14 at the Phoenix School of Law and the Tucson Summer Law Camp on June 28 at the University of Arizona School of Law. Lawyers and law students will lead campers through fun and interactive activities that expose students to the law. Campers will also hear from law school staff about what they need to do now to prepare for law school and career options for lawyers. more�

Attorneys Amanda Chua and Ed Maldonado Awarded Travel Supplements to Attend Collaborative Leadership Academy:  The State Bar of Arizona is pleased to announce that Amanda Chua and Ed Maldonado have been selected to receive travel supplements to attend the Collaborative Bar Leadership Academy on June 27-28, 2013.  The Academy is a joint initiative of the American Bar Association, Hispanic National Bar Association, National Asian Pacific American Bar Association, National Bar Association, and the National Native American Bar Association  to strengthen the pipeline of diverse bar association leaders by providing leadership and professional development programs to diverse attorneys.  The State Bar is pleased to be able to support this effort by providing travel supplements. For more information about the CBLA, click here.  

Explore Legal Careers at Department of Justice: The Department of Justice offers a broad range of opportunities for experienced attorneys to work on many significant and complex issues that face our nation. Any attorney who is an active member of the bar of any U.S. jurisdiction and has at least one year post-J.D. legal or other relevant experience is eligible to apply for any experienced attorney position. There are numerous opportunities for law students and entry-level attorneys as well. Click here to find out more.

Lawyers With an Interest in Animal Law Make a Trip to the Best Friends Animal Society Sanctuary: For Amanda Chua, a personal injury attorney, and 21 other Arizona attorneys and their families, a trip to Best Friends took a whole year to plan. The diverse group included real estate attorneys, personal injury lawyers, family law practitioners and civil litigators. Despite their array of specialties, all of the attorneys are members of the State Bar of Arizona, and belong to a special group called the Animal Law Section, which has more than 90 members. more�

You Can Take the Credit: Save up to 25% off standard credit and debit card fees when taking payments from clients with the newest State Bar member benefit, LawPay: Credit Card Processing. Now for a limited time, open a LawPay Merchant Account at NO COST and all standard fees associated with opening a merchant account are waived. The contract is month-to-month. Click here or call 866.376.0950 for more information. 

Did You Know 1 in 3 Professionals Will Become Disabled for Six Months or More in Their Career?  Receive a permanent 10% discount on disability income insurance from John Driscoll & Company, Inc. To learn more about how the insurance could provide you with a continuing income if sickness or injury should prevent you from working, click here.

For a listing of all your State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 11, 2013 - 1 CA-TX 12-0006 - Cable One v. Arizona Department of Revenue et al Opinion
Whether a cable company that uses its cable broadband network and Voice over Internet Protocol service to provide its customers with local and long-distance telephone service a "telecommunications company" is subject to central assessment by the Arizona Department of Revenue? Read Opinion.

June 4, 2013 - 2 CA-CR 2013-0102-PR - State of Arizona v. Craig Michael Stefanovich
1. Do previous convictions for driving under the influence within the previous eighty-four months qualify under A.R.S. � 28-1383(A)(2) when those convictions fell outside the sixty-month window in effect at the time of the defendant's previous convictions and that sixty-month window had elapsed before the statutory amendment changing the window from sixty months to eighty-four months?
2. Did the trial court err in rejecting defendant's post-conviction-relief claim that his decision to admit previous convictions was not voluntary because he allegedly had not been informed that admitting his previous convictions could result in an enhanced prison term and that the state was required to prove the fact of those convictions? Read Opinion.


9th Circuit Court of Appeals

June 10, 2013 - 10-16658 - Jones v. McDaniel
In an action brought by prisoner-plaintiff alleging violations of the First and Fourteenth Amendments, the District Court's dismissal of the First Amendment claim is affirmed where the claim was rendered moot by the parties' settlement agreement. Read Opinion.

June 20, 2013 - 08-74697 - Corro-Barragan v. Holder
Petition for review of a BIA decision, finding petitioner statutorily ineligible for voluntary departure for failure to establish that she was in the U.S. for one year before being served with a Notice to Appear, is denied where "physically present" in the context of the Immigration and Nationality Act, 8 U.S.C. section 1229c(b)(1)(A), requires uninterrupted presence in the U.S. Read Opinion.




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