Volume 13, No. 12 | June 10, 2014

eye on ethics

Q: Are there any restrictions on the trade name I can use for my law firm?

A: Trade names are advertisements. The trade name you choose for your law firm should not be misleading and should accurately reflect the services your firm renders or the fields of practice in which the firm is engaged if the name of the firm is intended to reference your practice areas. See, ER 7.1, ER 7.2, and ER 7.4.


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member news

State Bar of Arizona Announces 2014 Award Winners: The State Bar of Arizona will recognize eight individuals and one state agency for their contributions to the legal profession at the 2014 State Bar of Arizona Annual Convention at the Westin La Paloma Resort & Spa in Tucson, June 11-13. more�

Attorneys Offer Free Legal Help on Landlord and Tenant Issues: Eight attorneys came together on June 3 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 answered viewers' questions regarding their landlord and tenant 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: Clare Abel, Kristin Coyne, Paul Henderson, Richard Klauer, Ellen Lawson, Thomas Leavell, Patricia Premeau, and Christopher Walker.

In the news

Hospital Sued Over Patient Records Posted on Facebook: A patient is suing a hospital for posting her patient records on Facebook, after her sensitive information appeared on a Facebook page called "Team No Hoes." Shawntelle Turley was treated at the University of Cincinnati Medical Center (UCMC) for syphilis, but she likely never imagined that her medical bills and diagnosis would be shared on Facebook. more�

It's Been 20 Years Since O.J. Simpson Tried on Those Famous Leather Gloves: O.J. Simpson arose from the counsel table at his murder trial and approached the jury box with the famous leather gloves. As he struggled to get them past his knuckles, he held his hands up to jurors and stated the obvious: "They're too small." more�

from the bar

CLE by the Sea Sets Sail for the Last Time: Don't Miss the Boat because 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�

Annual State Bar Convention Kicks Off Tomorrow: If you didn't pre-register online, you still have plenty of time to take a drive to Tucson and register on-site. 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�

Daily Convention Coverage: Arizona Attorney staff will provide ongoing Convention coverage this week. Read all the stories at https://azatty.wordpress.com/ or follow the action on Twitter with the hashtag #azbarcon.

Only Two Weeks Left to Register for the Bar's Prestigious Bar Leadership Institute: Want to expand your network of contacts with leaders in the legal community? Does leadership training and legal practice education in a small group environment sound interesting? Then the Bar Leadership Institute is for you! We're looking for future leaders in the legal community to participate in the BLI. Application deadline is June 20th. more�

Have You Weighed-in On Your Bar Membership? Every three years the State Bar surveys its members to evaluate their satisfaction and familiarity with the Bar's programs and services. The survey also raises questions about current challenges facing Arizona lawyers. If you are a member of the State Bar of Arizona, you should have received an email on June 4, 2014 with a link to the 2014 Member Survey. If you have not, please email Patricia Giallanza or call 602.340.7226. Survey results aid the Board of Governors in setting priorities and allocating resources where they are most needed.

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�

Commission Announces Nine Judicial Nominees: The Maricopa County Commission on Trial Court Appointments has recommended nine candidates to Governor Jan Brewer for two openings on the Maricopa County Superior Court. View candidates here.

Governor Jan Brewer Appoints Santa Cruz County Superior Court Judge: Governor Jan Brewer has appointed Thomas Fink to the Santa Cruz County Superior Court. more�

Two Days Left to Apply 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�

Ship and Save with UPS� - State Bar members can save up to 34% on UPS shipping services including UPS Next Day Air�. To enroll and start saving today, visit www.savewithups.com/azbar. For more information, call 1.800.MEMBERS (1.800.636.2377), M-F, 8 a.m. � 6 p.m.

We Want to Help You Retire: Did you know that the ABA Retirement Funds Program offers special programs for State Bar members for 401(k) plans? Call them at 866-812-3580 or click here for more information.

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 22, 2014 - 1 CA-CV 13-0492 - Shawn P. Mack v. Hon. Hercules Dellas and City of Phoenix Prosecutors Office
1. Whether the crime of obstructing a highway or other public thoroughfare existed at common law prior to Arizona statehood as an offense for which a defendant was entitled to a jury trial, so that a defendant charged with misdemeanor obstructing a highway or other public thoroughfare pursuant to A.R.S. � 13-2906(A) is potentially entitled to a trial by jury. 2. Whether the elements of present-day misdemeanor obstructing a highway or other public thoroughfare are substantially similar to the common law public nuisance of highway obstruction. Read Opinion.

June 4, 2014 - CA-CR 2013-0194 - State of Arizona v. Vincent M. Allen
Did sufficient evidence support the defendant's conviction for forgery when the facts established the defendant used a false name when he signed a written warning for trespassing issued by a police officer? Did the trial court commit fundamental, prejudicial error by pronouncing sentence in the defendant�s absence after finding the defendant had voluntarily absented himself by walking out of the courtroom during his sentencing hearing? Read Opinion.


9th Circuit Court of Appeals

June 6, 2014 - 12-55234 - John Sinibaldi v. Redbox Automated Retail, LLC.
Dismissal of a putative class action alleging that defendant violated California's Song-Beverly Credit Card Act of 1971 is affirmed, where: 1) alleged conduct of requiring customers who obtain movie or video game discs from their kiosks to provide their ZIP codes, did not violate the Act; and 2) defendant's collection of personal information in connection with the rental transaction fell outside the reach of section 1747.08(a) of the Act, because it fell within the exception of Cal. Civ. Code section 1747.08(c)(1) where the customer's credit card was used as a deposit to secure payment in the event of loss or late return. Read Opinion.

June 6, 2014 - 13-55079 - William C. Cohen v. City of Culver City
Summary judgment in favor of defendant-city in an action alleging violations of the federal Americans with Disabilities Act (ADA) of 1990 and various California statutes, arising out of plaintiff's injuries suffered when he tripped and fell as he tried to walk around a car show vendor's display blocking a curb ramp that provided disabled access to a sidewalk in defendant-city, is reversed and remanded, where: 1) plaintiff is an elderly man suffering from dementia who requires a cane for mobility; 2) there was a genuine dispute of material fact as to whether defendant-city denied the plaintiff access to the sidewalk by reason of his disability; 3) the district court erred in reasoning that because the plaintiff could have accessed the sidewalk by taking a marginally longer route to a different curb ramp, he failed to establish that he was denied access to the sidewalk; and 4) here, defendant-city was in compliance with the ADA but allowed elimination of the disabled access it had built. Read Opinion.



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