Volume 12, No. 20 | October 1, 2013

eye on ethics

Q: My client is in jail facing criminal charges and has demanded I give him a complete copy of his client file. Do I have to give him the entire file?

A: Generally, yes. Though you may retain a copy for your records, you are required to give your client the client file, even if the client is incarcerated. See, ER 1.16(d). Only if you have a reasonable belief that your client�s physical safety or the physical safety of a third person would be threatened by providing your client the file may you withhold it. See, Ariz. Ethics Opinion 13-02.


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member news

Native American Lawyers Continue Legacy of Service and Leadership: The Native American Bar Association of Arizona honored three attorneys at their fifth annual Seven Generations Awards Dinner this past Saturday. This year's award winners included attorneys Lawrence Huerta, Lifetime Achievement Award; John Lewis, Community Service Award, and Sonia Martinez, Member of the Year. Congratulations!

In the news

Absolutely Everything You Need to Know About How the Government Shutdown Will Work: The House and Senate couldn't agree on a bill to fund the government, and time has run out. Not all government functions will simply evaporate come Oct. 1 � Social Security checks will still get mailed, and veterans' hospitals will stay open. But many federal agencies will shut their doors and send their employees home, from the Environmental Protection Agency to hundreds of national parks. more�

NFL Settles Concussion Lawsuit, $765M for Players' Head Injuries, Research, Legal Fees: The National Football League has agreed to a landmark, global settlement of lawsuits filed by more than 4,000 ex-players with alleged injuries ranging from advanced dementia to head trauma. more�

'Joking Judge' Resigns After Losing Ruling: Vince Sicari can tell all the lawyer jokes he wants�he just can't play a judge in real life. The New Jersey municipal judge, who is also an established stand-up comedian and actor, resigned Thursday after the State Supreme Court ruled he can�t moonlight as an entertainer. more�

from the bar

Have You Weighed In on Whether "Personal Consultation" Should 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�

Three Commissions and Two Legal Services Organizations Seek Your Talent and Experience: The State Bar Appointments Committee encourages you to apply by November 15, 2013 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�

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. Application deadline is Thursday, October 15, 2013 at 5:00 p.m. more�

Grant Encourages Qualified Attorneys to Choose Careers as Prosecutors and Public Defenders: Oftentimes, talented lawyers are unwilling to accept positions as prosecutors or public defenders, creating real challenges for those offices in their quest to hire and retain capable attorneys. In an effort to attract them, the John R. Justice (JRJ) Program provides loan repayment assistance for local, state, and federal public defenders and local and state prosecutors who commit to continued employment as public defenders and prosecutors for at least three years. Applications will be accepted until November 1, 2013. more�

Free Webinars from Clio: State Bar members may participate in Clio's webinars at no charge. Upcoming topics include Mobile Practice Management on October 22 and Disaster Recovery and Top Ten Malpractice Traps and How to Avoid Them on November 5, 2013. Call 1.888.858.2546 x 165 or email joshua@goclio.com for more information and the full webinar schedule.

Special offer from Clio: State Bar members receive a 10% discount on Clio, a practice management system specifically designed for small to medium-sized firms. To learn more about the software and how it can help you manage your practice or to sign-up for a 30-day free trial, click here.

Eliminate Trust Accounting Worries and Achieve Full Compliance: Automate your trust bookkeeping process and integrate legal time tracking, as well as billing and trust bookkeeping with State Bar Member Discount Provider Easy Soft's all-in-one-program. Click here to read how to save time, tighten controls and improve compliance on your desktop or in the cloud.

Special offer from Easy Soft: For a free trial and to receive a 10% discount on all new desktop Easy Soft products, call 1.800.905.7638 or 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

September 10, 2013 - 1 CA-CR 12-0517 - State of Arizona v. Trevor Yazzie
1. Whether a misdemeanor offense of driving on a suspended license is a strict liability offense, or does it require proof that the defendant knew or should have known his license was suspended? Read Opinion.

September 23, 2013 - 2 CA-CR 2013-0233-PR - State of Arizona v. Raymond John
Does the federal Sex Offender Registration and Notification Act, 42 U.S.C. �� 16901-16962, preempt Arizona's jurisdiction to enforce state registration requirements on tribal lands? Did the trial court err in finding the state could impose upon a member of the Navajo Nation a duty to register as a sex offender based on his residence on tribal land in Arizona? Read Opinion.


9th Circuit Court of Appeals

September 30, 2013 - 11-50294 United States v. Bryan Laurienti
Defendant's sentence for conspiracy to commit securities fraud and securities fraud by use of manipulative and deceptive devices is affirmed, where: 1) the district court properly denied defendant's motion for an evidentiary hearing to determine whether defendant knew of Rule 10b-5; 2) the district court did not err in applying an enhancement for abuse of a position of trust under U.S.S.G. section 3B1.3; 3) the district court did not fail to be attentive to defendant's contentions as to mitigation; and 4) the sentence imposed was reasonable. Read Opinion.

September 30, 2013 - 12-35074 - Karen Dexter v. Carolyn Colvin
The dismissal of a claimant's challenge to the Social Security Administration's denial of the claimant's request for a hearing on her application for social security disability insurance benefits, is reversed and remanded, where because the administrative law judge failed to consider whether claimant�s facially valid reasons constituted good cause excusing the delay in her request for a hearing, the claimant was thereby deprived of her due process right to a meaningful opportunity to be heard and to seek reconsideration of an adverse benefits determination. Read Opinion.




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