Volume 13, No. 10 | May 13, 2014

eye on ethics

Q: My client gave me information about his company that's available to the public on a state agency's website, so I can talk about that information with my friends outside of the office, right?

A: No. ER 1.6 prevents you from disclosing your client's confidential information to others unless a specific exception applies. Confidential information encompasses absolutely everything you have learned about your client's matter during the representation, regardless whether it's privileged and regardless whether you obtained it from a public record. See ER 1.6, comment 3.


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member news

Attorneys to Offer Free Legal Help on Bankruptcy and Foreclosure Issues: Ten bankruptcy attorneys will come together this evening to offer free legal advice at Lawyers on Call, a public service program co-sponsored by the State Bar of Arizona, 12 News, and azcentral.com. During the two-hour program, attorneys will answer viewers' questions regarding their bankruptcy and foreclosure issues. The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who will help consumers across the Valley through this access to justice program. They include: Anthony Clark, Diane L. Drain, Richard A. Drake, Tracy Essig, Margaret A. Gillespie, Peter Gustafson, Jeff Katz, Steven Keist, Vincent R. Mayr, and Jim L. Webster.

In the news

Scorn, Icy Stares Follow Terror Suspects' Lawyers: People in the courthouse sometimes shun them. Friends, and even family, sometimes question their principles. For the small band of lawyers who defend the most despised terrorism suspects � the ones accused of hatching al-Qaida plots to kill Americans around the world � this is the highly uncomfortable life they chose. more�

Porsche Sued Over Crash That Killed Paul Walker: The widow of the man who was driving a Porsche sports car that crashed and killed actor Paul Walker sued the automaker on Monday, claiming design flaws caused both men to die in a fiery crash in November. more�

from the bar

Don't Forget to Vote Now! Board of Governors Elections Close May 21: Eleven candidates will be elected from three Board Districts this year. Meet the candidates here. By now you should have received an email with your election login information. If you have any questions, email Carrie Sherman or call 602.340.7201.

Bar Wants You to Weigh In on Succession Planning: The State Bar of Arizona launched a task force last fall to look at succession planning by lawyers. The Succession Planning Task Force presented its final report and recommendations to the State Bar Board of Governors on April 25, 2014. The Board of Governors may take action on the report and recommendations at its next meeting on June 10, 2014. We want your thoughts and comments about the task force's report, which is summarized and available here. The summary includes an email link that you can use to submit your thoughts and comments.

Don't Delay. Register Today: You can save $50 - $150 on your convention registration fee if you register by 5 p.m. on May 30. There are 47 seminars to choose from and you can earn a full year of CLE credit! You can also take advantage of reduced room rates of $157 per night at La Paloma. While you attend the convention, let your family cool off in the sparkling pool. more�

Applications Sought for Superior Court Clerk Position in Yavapai County: Governor Jan Brewer has begun accepting applications for the position of Clerk of the Superior Court in Yavapai County. A vacancy exists due to the loss of Sandra Markham, who passed away on April 28, 2014. more�

Bar Leadership Institute Accepting Applications for 2014-15 Class: The State Bar of Arizona invites attorneys across the State to participate in the upcoming Bar Leadership Institute class. The Bar Leadership Institute is a nine-month professional development program beginning in September 2014. Participation in the Bar Leadership Institute fosters the professional growth and enhances the leadership skills of a diverse and inclusive group of lawyers. Attorneys selected to participate receive up to two years of CLE credit, leadership training and legal practice education in an experiential and mentoring learning environment and opportunities to foster relationships within the State Bar of Arizona, partner bar associations, government and community leaders. Click here to apply. The application deadline is June 20, 2014. more�

Application Deadline Extended for Federal Public Defender for Central District of California: The United States Court of Appeals for the Ninth Circuit invites applications from all qualified persons for the position of Federal Public Defender (FPD) for the Central District of California. This position will be available on or after September 14, 2014. more�

New Judge Appointed to U.S. Bankruptcy Court for Arizona: Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit announced the appointment of Brenda Kay Martin to serve as a judge of the U.S. Bankruptcy Court for the District of Arizona. more�

Yuma Courthouse Dedication Honors Memory of Slain Judge: Elected officials, civic leaders and most of Arizona's federal judges were among a crowd of more than 400 people who gathered recently in Yuma for the dedication of the John M. Roll United States Courthouse. The building is named for the late chief judge of the U.S. District Court for the District of Arizona, who was among six people slain in a mass shooting in Tucson more than three years ago. more�

University of Arizona to Offer Nation's First Bachelor of Arts in Law: Starting this fall, the University of Arizona will be the first university in the country to offer a Bachelor of Arts in Law. Undergraduate degrees in law are already offered in numerous countries such as England, Australia, Canada, Mexico and China. The degree is seen as a good way to prepare individuals for a number of professions in which a strong knowledge of law is advantageous, such as corporate compliance, city planning, water resources management, business management, health care administration, human resources, policy analysis, and legal technology consulting. more�

Enjoy a Week in San Diego and Get Your CLE credits with CLE by the Sea! CLE by the Sea features intermediate to advanced level programming and opportunities to network with the finest legal practitioners in Arizona and beyond. Half-day programming is ideal for learning and knowledge retention, and allows participants, and their vacationing families, the opportunity to spend the afternoons relaxing and enjoying leisure time. more�

Do You Accept Credit Cards from Clients? Save Up to 25% on Processing Fees: Members can save up to 25% off standard credit card processing fees with LawPay. Call 866.376.0950 or visit www.lawpay.com/azbar to take advantage of this offer. Contract is on a month-to-month basis. *LawPay meets the requirements for the American Bar Association trust account guidelines as well as the Attorney's Professional Code of Conduct.

Can You Hear Us Now? Save 22% on Verizon Cell Phone Service: State Bar members with eligible Verizon calling plans may qualify to receive a 22% discount on law firm/corporate monthly access fees. Employees and family members may also qualify for up to an 18% discount on their lines. Click here or call 800.810.3909.

Save with all your Member Discounts: For all your State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

April 10, 2014 - 1 CA-JV 13-0255 - Arizona Department of Economic Security v. Rocky J.
Whether an incarcerated parent's anticipated release date is a relevant consideration when deciding if that parent's sentence "is of such length that the child will be deprived of a normal home for a period of years," pursuant to A.R.S. section 8-533(B)(4). Read Opinion.

April 30, 2014 - 2 CA-CV 2013-0143 - Nicholas A. Svendsen v. Arizona Department of Transportation
(1) When the suspension of a driver's license has been appealed to the superior court pursuant to our implied consent statute, A.R.S. � 28-1321, does the Arizona Department of Transportation have a statutory right to appeal the superior court's decision? (2) If so, did the administrative law judge err in sustaining the suspension here? Read Opinion.


9th Circuit Court of Appeals

May 13, 2014 - 11-55625 - Yow Ming Yeh v. Matthew Martel
The district court's dismissal of a habeas corpus petition is affirmed, where petitioner was not entitled to equitable tolling of the limitations period due to either his limited English proficiency or his mental impairment, because neither constituted an "extraordinary circumstance" that prevented him from timely filing his petition and he did not diligently pursue his rights. Read Opinion.

May 12, 2014 - 11-17892 - Denise Green v. City and County of San Francisco
In 42 U.S.C. section 1983 action alleging wrongful detention, false arrest and excessive force following a traffic stop by defendant-officers who mistakenly identified plaintiff's vehicle as stolen: 1) summary judgment in favor of defendants is reversed and remanded, where a rational jury could find that defendants violated plaintiff's Fourth Amendment rights and that defendant Kim is not entitled to qualified immunity at this stage; but 2) the district court's order denying partial summary for plaintiff is affirmed. Read Opinion.



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