Volume 13, No. 17 | August 19, 2014

eye on ethics

Q. If an out-of-state lawyer refers a PI case to me, may I share any resulting fee with the out-of-state lawyer?

A. Only if you and the out-of-state lawyer follow ER 1.5(e), which sets out the requirements for fee sharing. Read Op. 10-04.


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Change Orders
What should lawyers and their contractor clients know about the changed complaint procedure in Arizona?

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member news

MHK Team Rolls-Up Sleeves at St. Mary's Food Bank: On July 31, the team at Morris, Hall & Kinghorn, P.L.L.C. took time to pay it forward and volunteered at St. Mary's Food Bank. The entire staff of MHK ramped up its support of St. Mary's Food Bank by volunteering at its warehouse and distribution center in Phoenix. Together, over 1000 boxes were filled with food and juices for seniors across the state. The staff at MHK helped St. Mary's lessen the burden for those who are struggling to decide between food and medication. Click here for a brief recap video.

In the news

No Arrest for Gov. Perry, but Mug Shot to be Taken: A Texas judge opted Monday not to issue an arrest warrant against Gov. Rick Perry, but the Republican still faces the unflattering prospect of being booked, fingerprinted and having his mug shot taken�and has assembled a team of high-powered attorneys to fight the two felony counts of abuse of power against him. more�

Jodi Arias Changes Her Mind on Representing Herself: Jodi Arias, the Arizona woman convicted of the 2008 killing of her boyfriend, asked a judge Wednesday to delay the penalty phase of her trial and promised to reverse her decision to represent herself if she's allowed to fire one of the two attorneys who was assigned to advise her. more�

from the bar

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.

File MCLE Affidavits Before Sept. 15 Deadline: You don't need to wait! Online filing for your 2013-14 MCLE affidavit is available now. Filing deadline is no later than September 15, 2014. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

Mission and Governance Structure of the State Bar of Arizona Under Review: The Arizona Supreme Court has organized a task force to look at the way the State Bar of Arizona is governed. The task force will look at issues ranging from the Bar's mission to the makeup of the Board of Governors and the way they are elected. more�

Judicial Performance Review Commission Announces Official Performance Ratings for Judges: The Arizona Judicial Performance Review (JPR) Commission has released its official findings on judicial performance for each judge whose name will appear on the General Election Ballot. Voters can find detailed information in the Secretary of State's Publicity Pamphlet, which is mailed to each voting household, or by visiting www.azjudges.info.

Course Helps to Restore Civility and Elevate Standards by Legal Professionals: The State Bar of Arizona's Course on Professionalism explores professionalism principles and analyzes a series of professionalism hypotheticals pertinent to a lawyer's relationship with clients, judges, and other attorneys. New admittees to the State Bar of Arizona must complete this course within one year of being admitted. The course will be held on August 28. Space is limited for each session. more�

Criminal Activity Leads to Disbarment for Attorney Carmen Fischer: Attorney Carmen L. Fischer of Phoenix was disbarred from the practice of law for violating the Rules of Professional Conduct. On August 8, 2014 the Presiding Disciplinary Judge of the Arizona Supreme Court accepted Fischer's Consent to disbarment and ordered she be disbarred from the practice of law. more�

ADR Section Explains the Procedures and Rules of Evidence: The Alternative Dispute Resolution Section has created a video that demonstrates the way in which a lawyer (assigned by the Superior Court to serve as "single lawyer arbitrator" under ARCP [Rule 72]) might handle the assigned arbitration as the Arbitrator. The video explains the procedures and the rules of evidence. Click here to view this 30-minute presentation sponsored by members of the Alternative Dispute Resolution Section.

Judicial Ethics Advisory Committee Issues Revised Social and Electronic Media Opinion: The Arizona Supreme Court Judicial Ethics Advisory Committee issued Revised Formal Advisory Ethics Opinion 14-01 on the use of social and electronic media by judges and judicial employees. more�

20 Years of NAFTA and the USMBA - Our Road Ahead: The U.S.-Mexico Bar Association will present its 2014 Annual Conference in Mexico City September 29 (with evening reception at Basham) through October 1 marking the 20th Anniversary of the organization's founding. The 2014 Conference will build on the success of the Conference held in Phoenix last year and topics will cover the range of current legal and business opportunities involving the two countries. The conference will be held at the upscale JW Marriott Hotel in the very safe and attractive Polanco area of Mexico City, with its renowned museums, restaurants and shops, located adjacent to world famous Chapultapec Park. more�

Bar Flys Run in P.F. Chang's Arizona Marathon and Half-Marathon: As in years past, the State Bar has entered a team in the P.F. Chang's Rock 'n' Roll Arizona Marathon and Half Marathon "Rock Corporate," to be held January 18, 2015. Corporate (formerly called "The Get Fit Challenge") is a friendly competition not for which team has the fastest time but, rather, the highest participation. more�

Law Practice Tip from Ahern Insurance Brokerage: Before communicating with a client via cell phone, fax, website, email, or a blog, click here for a tip about how to limit your risk. Information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

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.

Are you covered? Did you know that the State Bar offers exclusive member discounts on many types of insurance, including liability, long term care, disability, auto, business? Click here for more information.

Save with all your Member Discounts: Please click here to see information on all member discounts available to you.

court decisions

Arizona Court of Appeals
Division One
Division Two

August 5, 2014 - 1 CA-CR 12-0791 - State of Arizona v. Kenneth Tarr
1. Does the concept of an intoxicated person using a vehicle as a "stationary shelter" (as opposed to being in "actual physical control" of the vehicle) remain viable after our supreme court's opinion in State v. Zaragoza, 221 Ariz. 49, 209 P.3d 629 (2009)? 2. Did the jury instruction recommend in Zaragoza sufficiently cover Defendant's "stationary shelter" defense, even though the words "stationary shelter" were not used? Read Opinion.

July 17, 2014 - 2 CA-CV 2014-0022 - In Re the Marriage of Stuart E. Thorn and Susan Thorn
1. Filed more than thirty days after the entry of the judgment, did the untimely portion of the amended notice of appeal bar appellate jurisdiction to address the distribution of community personal property? 2. Did the trial court err in ordering Husband to return certain stocks and bonds to Wife? 3. Was Husband judicially estopped from arguing a contrary position on appeal regarding the equitable distribution of the marital residence; alternatively, did the trial court err in its distribution? 4. Did the trial court err in determining that a loan from Wife to Husband remained unpaid? Read Opinion.


9th Circuit Court of Appeals

August 19, 2014 - 12-55601 - Robert Williams, Sr. v. State of California
District court's dismissal of an action brought pursuant to 42 U.S.C. section 1983 by two residential community care facilities and their employees alleging freedom of religion violations is affirmed, where: 1) plaintiffs assert that they were forced to provide direct staff support to a developmentally disabled client who wished to attend Jehovah's Witness services, and that this constituted a violation of their freedom of religion rights; 2) plaintiffs failed to allege specific facts against one defendant, Matsushita, other than to identify her title; 3) California's Lanternman Developmental Disabilities Services Act does not violate the First and Fourteenth Amendments; and 4) leave to amend is properly denied because of the futility of amendment. Read Opinion.

August 19, 2014 - 13-36202 - Scott D. Jones v. Jeri Taylor
Judgment granting habeas corpus petition based on a freestanding claim of actual innocence, in a case in which petitioner was convicted of unlawful sexual penetration of his sister, is reversed where: 1) all three witnesses recanted; 2) as a general matter, recantation testimony is properly viewed with great suspicion, and even if the recantations were truthful, they are insufficient to demonstrate that petitioner is innocent as two of the three witnesses never actually witnessed the abuse; and 3) the issue of whether a freestanding actual innocence claim is cognizable in a federal, non-capital habeas proceeding was not resolved because petitioner did not make a sufficient showing to merit relief. Read Opinion.



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