Volume 12, No. 19 | September 17, 2013

eye on ethics

Q: I know that at the conclusion of my representation that I have to give the client their file, but does that include providing them with my case notes or other work product?

A: Yes. In Arizona, the client file "include[s] (without limitation) pleadings, legal documents, evidence, discovery, legal research, work product, transcripts, correspondence, drafts, and notes�." Read ER 1.16, Comment 9.


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member news

Lawyers Respond to Call for Action: THANK YOU to the 230+ Arizona attorneys who volunteered to help provide legal assistance for our returning Servicemembers. more�

In the news

Arizona Court Upholds Disbarment of Aubuchon: The Arizona Supreme Court on Tuesday upheld the disbarment of a former Maricopa County prosecutor for her role in pushing failed investigations of public officials in court. more�

Yelp Lawsuit Lesson - Fake Reviews Can Be Costly: A recent Yelp lawsuit is a reminder to business owners that writing fake Yelp reviews to boost your reputation can come back to haunt you in court. Yelp has sued McMillan Law Group--a San Diego bankruptcy law firm that allegedly posted fake reviews--for breach of contract, unfair competition and false advertising. more�

from the bar

Should "Personal Consultation" Precede a Motion for Sanctions? The State Bar's Professionalism Committee is proposing to amend Rule 41, Ariz. R. Sup. Ct., to require that counsel make a good-faith effort to consult with the opposing counsel or party (as appropriate) before filing a request for sanctions. The State Bar Board of Governors� Rules Committee is considering whether to recommend to the Board that the petition be filed. What do you think about such a requirement? more�

Flagstaff Attorney Whitney Cunningham Leads State Bar as President for 2013-14: Whitney Cunningham of Flagstaff is the new president of the State Bar of Arizona's Board of Governors. As president, he leads the largest professional association in Arizona with more than 22,000 members. Under his leadership, Cunningham will advance the Bar's efforts of providing access to justice, a goal outlined in its mission statement. more�

Three Commissions and Two Legal Services Organizations Seek Your Talent and Experience: The State Bar Appointments Committee encourages you to apply by November 15th to serve on one of the State�s three judicial nominating commissions. Two of Arizona�s legal services organizations also seek to fill seats on their governing boards. more�

Don't Miss Your Chance to Help Initiate the Formation of a Franchise & Distribution Law Section: The process has begun to form the first-ever Franchise & Distribution Law Section of the Arizona State Bar. The proposed Section will be of interest to all lawyers (both litigation and transactional) whose practice involves franchising, PMPA, dealership, licensing, direct-sales, and multi-level-marketing matters (among others). In order for the proposed Section to be approved by the Bar, however, the signatures of at least 100 interested State Bar members are needed. If you would like to join the proposed Section, please review the proposed bylaws and download and sign the petition. Please e-mail your signed petition to Aaron Schepler.

Unreasonable Legal Fees and Inaccurate Billing Claims Lead to Suspension for Phoenix Attorney: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that attorney Jeffry Stanton Becker of Phoenix be suspended from the practice of law for two years. more�

Attorney David J. Wolf of Phoenix Reprimanded for Missing Court Dates and Mismanaging Practice: The Presiding Disciplinary Judge (PDJ) of the Arizona Supreme court has ordered that David J. Wolf of Phoenix be reprimanded for violating Rules of Professional Conduct. more�

Attorney Paul J. Mattern of Phoenix Suspended for Violating Rules of Professional Conduct: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that attorney Paul J. Mattern of Phoenix be suspended from the practice of law for six months. more�

Seven Generations Dinner to Honor Native American Leaders: The Native American Bar Association of Arizona (NABA-AZ) will hold their fifth annual Seven Generations Dinner on Saturday, September 28. The non-profit organization that promotes the development of Native American attorneys in Arizona will honor leaders of the Native American community at the annual event. more�

New Laws, New Opportunities Drive Discussions at U.S./Mexico Bar Association's Conference in Phoenix: Join attorneys and judges from the United States and Mexico at the 2013 Annual Meeting and Conference that will be held in Phoenix from October 29 to 31. There you will meet experts in many areas of practice who will present information on subjects of interest to all who work on cross-border issues including litigation, international arbitration, immigration, and anticorruption among others. more�

Last Call for Arizona Corporate Counsel Awards Nominations: Your nomination for an in-house attorney to be recognized for the Arizona Corporate Counsel Awards is due by October 11. Candidates may be nominated in any of ten categories, listed here. Click here to nominate an in-house counsel.

Ninth Circuit Seeks Applicants for Two Bankruptcy Judgeships: The United States Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for two (2) Bankruptcy Judgeships for the District of Arizona. These positions will be available in June and September, 2014, respectively. Please be aware that the selection process may take up to 10 months to complete. The official duty stations for these positions are in Phoenix and Tucson. more�

Save on Credit Card Processing: If you accept credit and debit card payments from clients, you can save up to 25% off standard fees with the LawPay Merchant Account and the State Bar member discount. Take advantage of Law Pay's special offer through October 18, where it will waive your program fee for 3 months when you open a LawPay Merchant Account by October 18, 2013. Call 866.376.0950 or click here to take advantage of this offer.

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.

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

September 3, 2013 - 1 CA-CR 12-0356 - State of Arizona v. Andrew W. Hines
Is the Class 5 felony of promoting prison contraband, which does not require possession of a "dangerous instrument," a lesser included offense of the Class 2 felony of promoting prison contraband? Read Opinion.

September 6, 2013 - 2 CA-CR 2012-0479 - State of Arizona v. Tynerial R. Kindred
1) Does inserting a pry bar partially into a door jamb constitute "entry" as defined by A.R.S. � 13-1501(3) for the purpose of determining whether defendant committed second-degree burglary? 2) When the defendant forced entry into an apartment, and there was some evidence suggesting the apartment was visibly empty and unoccupied, was there sufficient evidence the defendant intended to commit a felony upon entry? Read Opinion.


9th Circuit Court of Appeals

September 16, 2013 - 11-56325 - John Doe v. Gangland Productions, Inc.
In an action brought by plaintiff whose identity was not concealed in an episode of defendants' documentary television series, Gangland, the district court�s denial of defendants� anti-SLAPP motion to strike plaintiff's complaint is: 1) affirmed in part, where the anti-SLAPP statute applies to plaintiff's lawsuit because it arises from defendants' conduct in furtherance of their right of free speech in connection with issues of public interest, but plaintiff met his burden to show a probability of prevailing on his claims for public disclosure of private fact, intentional infliction of emotional distress; false promise and declaratory relief; but 2) reversed in part, where plaintiff failed to establish a probability of prevailing on the claims for appropriation of likeness and negligent infliction of emotional distress. Read Opinion.

September 16, 2013 - 09-99018 - James E. McKinney v. Charles L. Ryan
The district court's denial of a habeas corpus petition challenging a murder conviction and capital sentence is affirmed, where: 1) the use of dual juries, one for petitioner and one for his co-defendant, did not violate clearly established federal law; 2) petitioner procedurally defaulted on his other dual juries challenges on his claim that the trial court violated his rights by requiring him to wear a leg brace during trial; and 3) the record makes clear that the trial court adequately considered and weighed petitioner's mitigation evidence. Read Opinion.




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