Volume 13, No. 11 | May 27, 2014

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. I am concerned that giving him his file may adversely impact his case if I give it to him while he is in jail. Do I have to give him the file?

A: Yes. While there is a limited exception if you reasonably believe your client's physical safety or the safety of a third person would be jeopardized by providing the file to your client, the exception does not apply to a concern that disclosure of the file may adversely impact your client's criminal case. See, Ariz. Ethics Opinion 13-02.


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member news

Members Elect 11 to the Board of Governors: This year's three-District election proved to be a standout with a record number of candidates and a record number of voters turning out to select their Board representatives. To those elected, congratulations and thank you in advance for your time and commitment to the State Bar of Arizona. more�

In the news

Computer Hacker Turned FBI Mole Sentenced in U.S. to Time Served: A leading hacker who authorities say helped disrupt at least 300 cyber attacks after agreeing to become an FBI cooperator was sentenced to time served on Tuesday. Authorities say Hector Xavier Monsegur, a onetime member of the cyber-activist hacking group Anonymous who under the name "Sabu" co-founded the offshoot LulzSec, had assisted in pursuing cases against eight other suspected hackers since 2011. more�

Onetime Inmate Gets His Law Degree After Settling Wrongful Conviction Suit for $3.4M: A New York man who was convicted of killing his parents in 1990 achieved two milestones this year: He obtained a nearly $3.4 million settlement in a suit alleging wrongful conviction, and he graduated from law school. more�

Woman Sues In-N-Out Burger in Hot-coffee Case, says Workers Refused to Call 911 After She was Burned: In a lawsuit reminiscent of a famous case against McDonald's, a California woman has sued an Oakland fast-food restaurant over second-degree burns she suffered last year when hot coffee spilled on her lap. more�

from the bar

Attention Members! 2014 is your last chance to attend "classic" CLE by the Sea. The 2014 topics, including Ethics, Business and Litigation, Estate Planning, Family Law, and Trial Practice will once again be the interesting, substantive intermediate-to-advanced level programming you expect. But our classic CLE by the Sea held at the Hotel del Coronado every July will not continue after this year. Many things have changed since we started it almost 25 years ago. It's time to develop new options to meet your changing wants and needs. If you have ideas about the programming you would like to see we'd love to hear your ideas. In the meantime we look forward to seeing you in San Diego this July! more�

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�

Social Events at Convention Offer a Chance to Mingle and Network: The fun begins on Wednesday, June 11 with the Mix, Mingle and Munch Happy Hour, continues with live music and fun at the State Bar Party on Thursday, June 12, along with the In-House Counsel Committee's Reception where you can mingle with Arizona Supreme Court Justices. You can also enjoy a delicious lunch, member recognition, and a keynote address by nationally-renowned speaker Mike Rubin at the SBA Luncheon on Friday, June 13. Don't miss out on the fun! more�

Is Your Information Correct for This Year's State Bar Directory? It's that time again. We'd like you to review your member record and be sure your information is correct for the next Membership Directory. Not only do we want to make sure we have your correct contact information, but we also want to know what of your information you'd like published in the directory. You can update your information, and your privacy options, by going to: www.azbar.org/UpdateAddress. When you get there, login or register so you can review your information. Your DEADLINE to make changes for the 2014-15 directory is June 12. After that, we start moving your record to production, with anticipated printing and mailing in late September.

Apply Now for Arizona College of Trial Advocacy: The Trial College is an intense, five-day workshop providing practical, hands-on training for lawyers who wish to develop and refine the skills necessary to try civil and criminal cases. Applications are due by Friday, July 11. 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�

Survey on Perspectives and Experiences of Native American Attorneys Closes this Week: The National Native American Bar Association (NNABA), in conjunction with the research and consulting firm Nextions, has embarked upon a comprehensive research study designed to explore the perspectives and experiences of Native American attorneys. This research will result in the first-of-its-kind study, and the findings from this study will be used to develop educational materials and programming that will help improve the retention and advancement of Native American attorneys in every corner of the legal profession. A secure and confidential survey has been distributed and can be taken by any attorney that identifies as American Indian/Native Alaskan. more�

Confirmations of Six New Judges Bring Arizona Federal Court to Full Strength: With the confirmations of six new district judges this week, the United States District Court for the District of Arizona achieved its full complement of authorized judges for the first time in three years. The U.S. Senate confirmed three judges on May 14 and three on May 15. 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�

Applicants Sought for Federal Public Defender for the District of Oregon: 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 District of Oregon. This position will be available on October 1, 2014. more�

Law Practice Tip from Ahern Insurance Brokerage: Have you threatened a client with a 1099 form when attempting to collect a fee? Click here for advice from Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Free webinar from Clio: State Bar members may attend Clio's webinars at no charge. Click here for the current schedule of free training webinars. Clio is a practice management software is specifically designed for small to medium-sized firms. If you�re ready to give Clio a try, click here to sign up or request a free trial, promo code AZBAR. State Bar members receive a 10% lifetime discount.

15 Minutes�AND Your State Bar Membership�Could Save You Money on Your Car Insurance: As a member of the State Bar of Arizona, you could qualify for an exclusive discount with Geico. Click here or call 800.368.2734, for a no-obligation quote. You could save even more by bundling your homeowner's, renter's, motorcycle, boat, ATV, or RV insurance.

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

May 15, 2014 - 1 CA-SA 13-0096 - Daniel Jay Earl v. Hon. Garcia and the State of Arizona
Whether, after a criminal charge is dismissed without prejudice in favor of the commencement of a replacement charge, the defendant may move to dismiss the second charge on the ground that the first charge should have been dismissed with prejudice for violation of Ariz. R. Crim. Proc. 8. Read Opinion.

May 6, 2014 - 2 CA-CV 2013-0108 - John Munic Enterprises, Inc. v. Beth Anne and Enrico B. Laos
Did the court err in refusing under Rule 60(C)(5), and based on the Uniform Contribution Among Tortfeasors Act, to offset against a judgment for breach of contract and fraud, the amount of a legal malpractice settlement? If so, may the court�s ruling nonetheless be upheld because of the collateral source rule? Read Opinion.


9th Circuit Court of Appeals

May 27, 2014 - 12-90162 - In re Complaint of Judicial Conduct
The ethics claims against the district judge are dismissed as unfounded, where: 1) there is no evidence that the judge made any mistakes in preparing his reports, much less committed a knowing falsehood, and the Attorney General has not brought an action against the judge for knowing or willful infraction of the reporting requirements; and 2) there is no evidence that any financial conflict of interest was brought to the judge's attention, nor is there evidence that such a conflict existed. Read Opinion.

May 27, 2014 - 12-10372 United States v. Manuel Guerrero-Jasso
Defendant's sentence following his guilty plea to an information alleging that he reentered the country without authorization after being removed in violation of 8 U.S.C. section 1326, is vacated and remanded, where: 1) in applying the twenty-year statutory maximum penalty under 8 U.S.C. section 1326(b) instead of the two-year statutory maximum penalty, the district court impermissibly relied on a fact, that the defendant's removal was subsequent to his aggravated felony conviction, that was neither admitted by the defendant nor found by a jury beyond a reasonable doubt, in violation of Apprendi v. New Jersey, 530 U.S. 466 (2000); and 2) the Apprendi error was not harmless. Read Opinion.



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