Volume 12, No. 13 | June 25, 2013 

eye on ethics

Q: I have decided to represent co-defendants in litigation since their interests do not appear to be adverse to each other.  If, however, a conflict does arise, may I craft an advance informed consent waiver that will allow me to keep my favorite client?

A: No. Once a conflict arises between co-defendants a lawyer must withdraw from the representation of all the co-defendants, which is a possibility that should be disclosed prior to engaging in the representation in order to obtain true informed consent.  ERs 1.0, 1.6, and 1.7.


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Litigation Trends
What�s in flux in the practice area? Trials, discovery and even fees. 

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member news

Volunteer Attorneys Answer Consumer Questions in Spanish: The State Bar of Arizona would like to express its gratitude to the five bilingual volunteer attorneys who participated in the June edition of Abogados a Su Lado on Univision 33.  Lawyers Sylvina Cotto, Esteban Escobedo, Christina Ortecho, Javier Sobampo, and Sarah Youngblood answered viewers' family law questions during the two-hour phone bank on Thursday, June 14. Thanks to lawyers like them, the State Bar of Arizona continues to offer quality consumer-related programs.

In the news

Survey - Lawyer salaries on Rise: Arizona attorney salaries are up and more lawyers are expected to be hired, according to a survey of working attorneys designed to tap into the economics of law practice in the state. more�

Supreme Court Stops Use of Key Part of Voting Rights Act: The Supreme Court on Tuesday freed states from special federal oversight under the landmark Voting Rights Act of 1965, saying the data Congress used to identify the states covered by it was outdated and unfair. more�

2 Blockbusters Among Supreme Court's Last Cases: The Supreme Court resolved five cases, including affirmative action, on Monday. That leaves disputes about gay marriage and voting rights among the six remaining cases. The justices are meeting again today to issue some opinions and will convene at least one more time. more�

from the bar

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 practice in a jurisdiction that Arizona deems reciprocal, such as the District of Columbia, to apply for admission on motion in Arizona. more�

Do You Have an Opinion on the Ethics Committee's Proposed Changes to 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. If you have feedback, your deadline is Friday, July 5. more�

It's Time to Order the 2013 Edition of the Economics of Law Practice in Arizona! The latest edition has just been released. For the most current, updated numbers about legal salaries and billing practices in Arizona, order your copy online today!

Escape the Heat at CLE by the Sea in San Diego: It is a toasty 102+ degrees daily in the Valley of the Sun; join us at the world famous Hotel del Coronado in San Diego, where it is a cool 75 degrees. July 17th through the 20th bring your family to CLE by the Sea. Enjoy the nightlife of Coronado Island and San Diego, take in a Padres game or visit the San Diego Zoo and the USS Midway. 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�

Take Your Litigation Skills to the Next Level! The Arizona College of Trial Advocacy still has openings available.  Arizona�s top litigators and judges teach this five-day workshop from July 30 through August 3. more�

Are You and Your Staff Prepared to Respond to Violence in the Workplace? Lawyers, judges and public figures are at increased risk for workplace violence. Knowing how to respond is a necessity in today's world. Join the State Bar of Arizona for a FREE 75-minute seminar designed to promote personal safety and create a safer work environment on Tuesday, August 20. The seminar will be offered live at the Bar, simulcast in Tucson, and via webcast.

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.

Tucson Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Michael W. Baldwin of Tucson be reinstated as an active member of the State Bar of Arizona. more�

Attorneys John M. Curtin, Mark B. Pyper, and Roberto Salazar Reprimanded by Arizona Supreme Court: The Presiding Disciplinary Judge (PDJ) of the Arizona Supreme court has ordered that John M. Curtin and Mark B. Pyper of Phoenix and Roberto Salazar of Tucson be reprimanded for violating Rules of Professional Conduct. more�

Applications Being Accepted for Vacancy on Pima County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pima County created by the retirement of Judge Howard Hantman. The Pima County Commission on Trial Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to Governor Jan Brewer, who will appoint the new judge. Click here for more information. more�

Volunteers Needed For Supreme Court Committees and Legal Services Board: Apply by September 6th to be considered for service on the Arizona Supreme Court�s Committee on Character and Fitness or the Court�s Committee on Examinations.  Southern Arizona Legal Aid�s Board of Directors has two openings. Learn more here.

FREE, Unlimited Online Legal Research: Access free, unlimited online legal research through the State Bar member benefit powered by Fastcase. Click here for more information. 

We Want You to Spend the Night: Did you know that these hotels � Hyatt Regency Phoenix, Ritz-Carlton and Royal Palms - offer special discounts for State Bar members? Click here for more information.

We Want to Help You Get a Deal: For a listing of all State Bar member discounts available to you, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 13, 2013 - 1 CA-CR 11-0813 - State of Arizona v. Berry Williams
When a jury finds a defendant guilty of felony murder and second-degree murder arising from the death of a single victim, should the trial court vacate the second-degree murder conviction prior to sentencing? Read Opinion.

May 30, 2013 - 2 CA-CV 2012-0111 - Pima County Human Rights Committee v. Arizona Department of Health Services 
Did the superior court err in affirming in part and remanding the Arizona Department of Health Services� denial of the Pima County Human Rights Committee's (PCHRC) request, pursuant to A.R.S. � 41-3804(l), for information regarding deaths of persons enrolled in the mental health system? Did the court err by dismissing PCHRC�s petition for special action because there was an adequate remedy by appeal? Read Opinion.

9th Circuit Court of Appeals

June 21, 2013 - 12-35816 - Sanders County Republican Central Committee v. Fox
The district court's permanent injunction enjoining defendants, Montana's Attorney General and Commissioner of Political Practices, from enforcing in its entirety a Montana statute making it a criminal offense for any political party to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate" in a nonpartisan judicial election, is: 1) affirmed in part, where, to the extent that defendants challenged the permanent injunction against enforcement of the statute's ban on endorsements and expenditures, the court is bound to follow its prior published decision finding those provisions unconstitutional; but 2) reversed in part and remanded, where the prior decision had not reached the issue of the constitutionality of the statute's ban on contributions and that no such challenge had subsequently been raised. Read Opinion.

June 20, 2013 - 10-56548- Durbin v. People of the State of California
The district court's denial of defendant' habeas corpus petition challenging the use of one of the prior convictions to enhance his sentence to 25 years to life under California's Three Strikes Law, is reversed and remanded, where: 1) although defendant has fully served the sentence for the 2000 conviction for making criminal threats, he is "in custody" for the 2008 sentence for purposes of habeas review; and 2) when a defendant cannot be faulted for failing to obtain timely review of a constitutional challenge to an expired prior conviction, as here, and that conviction is used to enhance his sentence for a later offense, he may challenge the enhanced sentence under 28 U.S.C. section 2254 on the ground that the prior conviction was unconstitutionally obtained. Read Opinion.




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