Volume 12, No. 16 | August 6, 2013

eye on ethics

Q: May I blog about my client's case on my website since everything I�m going to talk about is part of the public record in their court proceedings?

A: No. Even though that information may be a part of the public record, in Arizona it is still considered to be confidential information belonging to the client. You must get your clients informed consent to disclose any information about their case in a blog or any other advertising medium. ER 1.6.


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The Foundation Turns 35
To recognize its 35th anniversary we asked Foundation Presidents to recall their terms and the events that defined them.

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member news

Serving Those Who Have Served: The State Bar, in partnership with Army OneSource, has embarked on a six-week campaign to recruit volunteer lawyers to provide legal assistance to active duty military personnel and veterans. We salute these Arizonan lawyers who contributed to the development of the campaign�s online continuing legal education courses. more�

In the news

The Fort Hood Shooter Will Be Able To Cross-Examine The Soldiers He Shot: Tuesday marked the beginning of the military trial of Nidal Malik Hasan, the Army major who gunned down 13 people and injured several dozen more during his 2009 shooting spree at Fort Hood. more�

Wal-Mart Bias Challenge Fails Again: The twelve-year effort by women employees of the giant Wal-Mart Stores discount chain to prove that they are victims of workplace bias has hit another legal obstacle, as a federal judge in San Franicsco turned aside their newly crafted plan to join together in common claims of sex discrimination in pay and promotions. They had pared down their group claim from a class of 1.5 million workers � a class rejected by the Supreme Court two years ago � to one-tenth that number, 150,000. more�

Disbarred Lawyers Who Seek Reinstatement Have a Rough Road to Redemption: Kenneth L. Lawson sits in his office at the University of Hawaii's law school and gazes out the window at a view of Diamond Head. In 2008 Lawson�s wife, Marva, moved to Hawaii with their three children to join the medical staff at a Honolulu hospital. But that September Lawson was indicted in federal court in Ohio on felony charges of conspiracy to obtain controlled substances, primarily prescription drugs like Percodan and OxyContin. more�

from the bar

Don't Miss this FREE Seminar that Will Help Prepare You and Your Staff 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.

It's Not too Early to File Your MCLE Affidavit: Why wait until the deadline? Online filing of your 2012-13 MCLE affidavit has never been easier and it's available now. Remember, the filing deadline is no later than September 15, 2013. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

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.

Last Call for Story Submissions: The State Bar of Arizona wants to know your story on why you became a lawyer. Did you follow in your mother or father's footsteps? Did you face any challenges? Was it a decision based on needing a career change? Whatever the case may be, we want you to share your story with us on why you're proud to be a lawyer and be considered for an upcoming video campaign featuring a diverse group of State Bar members. Contact Alberto Rodriguez for more information.

Lived in Combat Conditions for 12 Months While His Family Faced Eviction at Home: Join other State Bar of Arizona attorneys in our campaign to provide legal assistance to active duty military personel and veterans. Learn what you can do to help by clicking here.

Help is a Phone Call Away: The State Bar has expanded its Member Assistance Program statewide to reach lawyers needing help with stress, depression, substance abuse, alcohol and mental health issues. MAP is offered by the State Bar as a service to members and their families, to law students and to judges either through the discipline process or on a voluntary confidential basis. The crisis line is available to you 24 hours a day at 1.800.681.3057.

How Do Your Fees Compare to the Competition? Find out in the latest edition of the Economics of Law Practice in Arizona report. For the most current, updated numbers about legal salaries and billing practices in Arizona, order your copy online today!

Bar Flys Challenge You to Get Fit: State Bar of Arizona members, their employees, law students, and law school faculty members are encouraged to join Team "Bar Flys" for the P.F. Chang's Rock 'n' Roll Marathon and Half Marathon in January. The Bar's "Get Fit Challenge" is a friendly competition that offers the first 65 registrants with an incentive to participate--it will subsidize half of your registration fee. more�

We've Got Your Back: Did you know that these insurance providers � Geico; Hester, Heitel & Associates; John Driscoll & Company, Inc; Association Member Benefits and Strategic Wealth Associates � offer special discounts for State Bar members on auto, business, disability and health insurance? Click here for more information, and to see all the member discounts available to you.

Solo Firms Can Get 7 Unlimited Days of Shepard's� Citations Service: Receive access to Shepard's Citations Service as well as primary law materials, Matthew Bender resources, news and an option to include billions of public records. View details and request your access at www.lexisnexis.com/AZBarOffer.

Legal Research on the Go? Fastcase Has an App for That: Have you ever found yourself in a courtroom hallway preparing for oral argument and wishing that you could search for a few more cases? Would you like to be able to log some legal research time during your subway or bus commute? How about double-checking a statute provision before walking into a client meeting or a settlement negotiation? Now you can. iPhone users, click here. Android users click here.

State Bar Member Discounts: For a listing of all State Bar member discounts, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

July 30, 2013 - 1 CA-CR 11-0230 - State of Arizona v. Shawnte Jones
When a defendant is convicted of child abuse, a dangerous crime against children, and first degree (felony) murder based upon the same conduct, must the sentences imposed be consecutive based on Arizona Revised Statutes Section 13-705(M) or concurrent based on Arizona Revised Statutes Section 13-116? Read Opinion.

July 23, 2013 - 2 CA-CR 2013-0120-PR - State of Arizona v. Vaughn Miles Denz
1) Did counsel render ineffective assistance by failing to consult with a medical expert when medical causation was central to liability? 2) Did the trial court err in finding precluded Denz's claim of actual innocence? Read Opinion.

9th Circuit Court of Appeals

August 5, 2013 - 11-17369 - Zev Lagstein v. Certain Underwriters at Lloyd's of London
Following plaintiff's successful result in obtaining confirmation of an arbitration award against defendant-insurer regarding his disability insurance claim, the district court's rulings are: 1) reversed and remanded, as to the denial of plaintiff's request for interest and attorney's fees, where the decision of the arbitrators, which awarded plaintiff interest on contract damages, did not foreclose the district court from awarding interest on the remaining portions of the arbitration award, and plaintiff is entitled to post-award, pre-judgment interest and attorney's fees under Nevada law; and 2) firmed as to the denial of defendant's request for return of an alleged overpayment to plaintiff from an escrow fund. Read Opinion.

August 5, 2013 - 10-15895 - Roger Saesee v. Mike McDonald
The district court's denial of petitioner's habeas corpus petition alleging ineffective assistance of counsel is affirmed, where the state court was not unreasonable in concluding that petitioner's counsel did not make a promise in his opening statement that a witness would testify. Read Opinion.




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