Volume 13, No. 13 | June 24, 2014

eye on ethics

Q: My client just threatened to commit suicide. May I disclose that information to protect my client?

A: Yes, you may disclose that information to appropriate health care providers to protect your client if you reasonably believe your client intends to harm themselves. ER 1.14, Ariz. Ethics Opinion 91-18.


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A Woman's Property
Turn-of-the-century Tucson was the setting for a historic Arizona story of a woman's property rights.

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member news

Foundation Honors Attorneys at Annual Luncheon: The Arizona Foundation for Legal Services & Education honored four attorneys at its annual Foundation Awards Luncheon. Award winners include Neal Kurn, The Walter E. Craig Distinguished Services Award; Kathrine McLeod, William E. Morris Pro Bono Service Award; Anne Ronan, Foundation for Justice Award; and Heather Wellborn, The Mark Santana Law-Related Education Award. The Foundation extends its hearty congratulations to the 2014 honorees!

In the news

Lance Armstrong Must Face U.S. Doping Lawsuit, Judge Rules: A U.S. judge on Thursday rejected Lance Armstrong's bid to dismiss a federal whistleblower lawsuit claiming that he and his former cycling team, which had been sponsored by the U.S. Postal Service, had defrauded the government through a scheme to use banned, performance-enhancing drugs. more�

$40M Settlement Reported in Central Park Rape Case: All but closing the books on one of the most lurid crime cases in New York history, the city has agreed to a $40 million settlement with five men who were falsely convicted in the vicious 1989 rape and beating of a Central Park jogger, a city official said Friday. more�

from the bar

MCLE Deadline is Monday! With AZCLE� Courses, you have the benefit of the highest quality trainers and seminar content. AZCLE OnDemand and live webcast courses qualify as live credit (not self-study) and are automatically entered into your CLE Tracking to make filing your affidavit easier. more�

CLE by the Sea Sets Sail: 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 in its current format. 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�

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.

Court Improvement Program Seeks Comments on Proposed Parent Representation Standards: A committee of the Court Improvement Advisory Workgroup has developed and proposed standards for attorneys and guardians ad litem representing parents in juvenile dependency matters. The committee is seeking input on the proposed standards in preparation for their presentation and request for approval by the Arizona Judicial Council. Add your comments, as well as review a memo from the Committee on Juvenile Courts and the Proposed Standards by clicking here.

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�

The State Bar Wants YOU to Become a Professional Volunteer! The State Bar Appointments Committee is currently accepting applications from active members in good standing to fill the following upcoming vacancies: Arizona Supreme Court Committee on Character and Fitness, Arizona Supreme Court Committee on Examinations, City of Phoenix Judicial Selection Advisory Board, and Southern Arizona Legal Aid Board of Directors. Application deadline is Wednesday, August 27, 2014.

Attorney Robert F. Hughes of Phoenix Suspended from the Practice of Law: On June 16, 2014 the Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Robert F. Hughes be suspended for six months and one day. more�

Quartzite Attorney Martin E. Brannan Suspended for 90 Days: On April 30, 2014 the Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Martin E. Brannan be suspended for 90 days. more�

Tucson Attorney Richard M. Wintory Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Richard M. Wintory of Tucson be reinstated as an active member of the State Bar of Arizona. more�

Attorney W. Blake Simms of Tempe Suspended from the Practice of Law: The Disciplinary Hearing Panel of the Arizona Supreme Court, led by the Presiding Disciplinary Judge, ordered that W. Blake Simms be suspended from the practice of law for nine months. more�

Attorney Carmen Fischer Placed on Interim Suspension by Presiding Disciplinary Judge of the Arizona Supreme Court: On April 8, 2014 the Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Carmen Fischer be placed on interim suspension until further order. more�

Practice Management Tip from John Driscoll & Company, Inc.: Studies show that the "actual chances that an employee entering the workforce will experience a long-term disability prior to retirement" is 1 in 3. Click here for more information from John Driscoll & Company, Inc., a State Bar Member Discount Provider offering disability insurance.

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

Save on Payroll Processing: Save time and money when processing payroll by taking advantage of your State Bar member discount partnership with SurePayroll, a provider of online payroll services to small businesses nationwide. Click here or call 877.954.7873 to find out more.

State Bar Member Discounts: Take a look at all your State Bar member discounts. Please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

June 6, 2014 - 1 CA-SA 14-0035 - Samuel C. Johnson and Psychological Counseling Services v. Hon. Karen L. O'Connor and the State of Arizona
1. Whether the Uniform Act may be used as a subpoena duces tecum to compel the disclosure of documents. 2. Which state's privilege laws apply - Arizona's or the requesting state's - when documents requested pursuant to the Uniform Act are claimed to be protected by a privilege? Read Opinion.

May 16, 2014 - 2 CA-CV 2013-0117 - In Re Indenture of Trust
1. Did the trial court err in finding that the beneficiary of a spendthrift trust had no standing to file a petition for accounting when the beneficiary had, twelve years prior, assigned his entire interest in the trust? 2. Did the trial court err in awarding the appellees/cross-appellants attorney fees pursuant to A.R.S. � 14-11004(B)? 3. Did the trial court err in awarding the appellees/cross-appellants a lower amount of attorney fees than what they requested? Read Opinion.


9th Circuit Court of Appeals

June 20, 2014 - 11-16714 - Kelvin Allen v. Meyer (Correctional Officer)
In a 42 U.S.C. section 1983 action alleging that defendant-correctional officers at Corcoran State Prison violated plaintiff's rights under the Eighth Amendment, the magistrate judge's decision granting defendants' motion to dismiss is vacated and remanded, where: 1) the magistrate judge failed to obtain the consent of both parties, as required by 28 U.S.C. section 636(c)(1); 2) there is jurisdiction to review the validity of the judgment; 3) because defendants furnished neither express nor implied consent to jurisdiction before a magistrate judge, the magistrate judge had no jurisdiction to enter final judgment on behalf of the district court, and any purported judgment is a nullity; and 4) remand is the proper remedy. Read Opinion.

June 20, 2014 - 12-55156 - Ramona Equipment Rental, Inc. v. Carolina Casualty Insurance Co.
Judgment in favor of plaintiff in an action under the Miller Act alleging that a subcontractor on a federal project failed to pay for equipment rented on an open book account is affirmed, where: 1) plaintiff's notice of demand, served on the prime contractor within ninety days of the last day on which the plaintiff furnished the equipment, was timely as to equipment furnished more than ninety days before the notice; 2) if all the goods in a series of deliveries by a supplier on an open book account are used on the same government project, then the ninety-day notice is timely as to all of the deliveries if it is given within ninety days from the last delivery; and 3) the district court properly determined when plaintiff's duty to mitigate damages arose, as well as the award of contractual prejudgment interest. Read Opinion.



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