Volume 13, No. 21 | October 14, 2014

eye on ethics

Q: I work as a contract attorney for several firms. Am I considered to be "associated" with all of the firms I provide services to as a contract attorney?

A: Yes for confidentiality and conflict purposes, unless: (1) there is a written agreement that limits the scope of your work to a particular client for a particular project (specifying that the relationship will terminate at the end of the project or at a particular time or upon the occurrence of a particular event); and (2) you will not have general access to the firms files. Read Op. 97-09.


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member news

Attorneys Offered Free Legal Help on Bankruptcy and Foreclosure Issues: Five attorneys offered free legal advice at Lawyers on Call, a public service program co-sponsored by the State Bar of Arizona, 12 News, and azcentral.com on Tuesday, October 7. During the two-hour program, attorneys answered viewers' questions regarding their bankruptcy and foreclosure issues. The State Bar of Arizona offers its sincerest appreciation to these volunteers who help consumers across the Valley through this access to justice program. They include Steven M. Brechner, Arboleda Brechner; Diane L. Drain, Law Office of D.L. Drain, PA; Tracey Essig, Essig Law; Lawrence "D" Pew, Pew Law Center, PLLC; and Shawn L. Stone, Stone Law Group.

Phoenix Judge Talks to Kyrene Second-Graders About Law and Government: To cap off the weeklong celebration of Constitution Week throughout the Kyrene School District, Kyrene del Milenio Elementary School invited Roxanne Song Ong, chief presiding judge of Phoenix Municipal Court, to speak to the second-grade students about government, the Constitution and what it's like being a judge. more�

In the news

Prosecutor - Pistorius Offered Cash After Killing: Oscar Pistorius offered $34,000 to the family of girlfriend Reeva Steenkamp after he killed her, but the family rejected the funds because they did not want "blood money," a prosecutor said Tuesday at the sentencing hearing for the double-amputee athlete. more�

Gay Marriage Updates - Alaska, Arizona, and Montana: Alaska has become the latest state to have its gay marriage ban overturned by a federal judge, following a major decision by the Ninth Circuit Court of Appeals. more�

from the bar

Phony Subpoenas Scaring Unsuspecting Victims Out of Money: It looks like you've gotten into some legal trouble, but it's just a money-making scheme. more�

Help your friends and Family Finish the November Ballot: The November election is just weeks away and soon your friends and family will be asking you the same question they ask every election: How should they vote for the judges on the ballot? We want to help, so this election we've come up with a way for you to answer that question. Watch our Finish the Ballot video and share it with your friends and family. We also have a fun way to promote our Finish the Ballot campaign with our Instagram "Finish the Ballot" contest where you'll have chance to win $250. 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.

Major Medical Coverage Available Through State Bar of Arizona: This Health Insurance Exchange can help provide members, their employees, and families with comprehensive major medical insurance coverage. The program is brought to you by AHIX a division of JLBG Health, the largest health insurance provider to associations in the US. more�

Professional Volunteer Positions Posted: Apply to serve on DNA-People's Legal Services, Inc. Board of Directors or on one of the four Judicial Nominating Commissions. For candidate criteria and the respective November application deadlines click here.

Share Your Input on Candidates for Superior Court Vacancy This Thursday: The Maricopa County Commission on Trial Court Appointments is seeking public input on 13 candidates for an opening on the Maricopa County Superior Court. The candidates are: Julie Ashworth LaFave, Theodore Campagnolo, Geoffrey Fish, Dewain Fox, Jennifer Green, Stephen Hopkins, Brian Kaiser, Edith Lucero, Rachel Mitchell, Bernard Owens, Carolyn Passamonte, Eric Rothblum, and Shellie Smith. Citizens may address the Commission about any of the candidates on October 16, 2014, at 8:30 a.m. more�

Governor Brewer Announces Judicial Vacancy in Navajo County: Governor Jan Brewer has begun accepting applications for a vacant judicial position on the Navajo County Superior Court. The governor's appointment will replace Judge John Lamb, whose retirement is effective January 2, 2015. Applications will be accepted until 5 p.m. on October 24, 2014. more�

Phoenix Attorney Brent J. Kleinman Reprimanded: On Sept. 29, 2014, the Presiding Disciplinary Judge of the Arizona Supreme Court accepted an Agreement for Discipline by Consent between Brent J. Kleinman and the State Bar of Arizona and ordered that he be reprimanded. more�

Immigration Attorney Philippe Martinet Reprimanded: On Sept. 19, 2014, the Presiding Disciplinary Judge of the Arizona Supreme Court accepted an Agreement for Discipline by Consent between Philippe Martinet and the State Bar of Arizona and ordered that he be reprimanded. more�

Rally your Kids, Rally their Schools...Let the Students be Heard! Together their voices can speak loudly about the future of our state and who should be leading Arizonans. But not unless they vote! Tell their teacher to register today. They will receive Voter IDS, "I Voted" stickers, Family Activity Booklets, and more. Check it out here.

Calling all Superheroes! LawforKids.org and LawforVeterans.org are starting a Superhero Sprint for Justice - a virtual get up and move event with all proceeds benefitting the Foundation�s Veterans� Project. On Veteran's Day, November 11th, run, walk, play basketball, anything counts! Keep track of your minutes until December 7th, Pearl Harbor Remembrance Day. Then submit your number to our site to see where you rank and the winner of the raffle. That�s it!
For more information or to sign up click here.

Pima County Sheriff's Department Honors Wills for Heroes: Wills for Heroes has been selected by the Pima County Sheriff's Department's Awards Committee to receive the Special Recognition Award at the annual Awards Ceremony to be held on December 5, 2014 in Tucson. To learn more about Wills for Heroes click here.

Three Cities Proclaim October 12-18 to be Mediation Week: The mayors of Phoenix, Scottsdale and Tucson are educating their residents about alternative dispute resolution, thanks to the efforts of the State Bar's ADR Section. more�

Prosecutors and Public Defenders Encouraged to Apply JRJ Grant Program: The Administrative Office of the Courts is pleased to announce the approval of Arizona's application for funding through the John R. Justice Program. The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations. The Bureau of Justice Assistance has authorized a funding allotment of $34,273 to Arizona for this program. Applications must be postmarked by Friday, October 31, 2014. Information about eligibility, the application process and required materials can be found here on the Arizona Judicial Branch website.

Arizona Gears Up to Host National Asian Pacific American Bar Association Annual Conference: The 26th Annual NAPABA Convention will be held in Phoenix/Scottsdale from November 6-9, 2014. The conference will attract over 1,500 Asian Pacific American (APA) attorneys, including general counsel of Fortune 1000 companies, federal and state judges, and law professors from across the country. The convention, themed "Convergence: Collaborating for a Grand Tomorrow," will feature programing that celebrates the diversity and unity of NAPABA. You can register now by clicking here.

Law Practice Tip from Ahern Insurance Brokerage: What you need to know in the case of a security breach involving confidential client data: click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

15 Minutes�AND Your State Bar Membership�Could Save You Money on Your Car Insurance: 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.

Do You Accept Credit Cards from Clients? Save up to 25% on standard credit card processing fees with LawPay. LawPay meets the requirements for the American Bar Association trust account guidelines as well as the Attorney's Professional Code of Conduct. To learn more, call 866.376.0950 or visit www.lawpay.com/azbar. Contract is on a month-to-month basis.

Find More Ways to Save: To see all 25 companies offering State Bar member discounts, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

September 30, 2014 - 1 CA-CV 13-0370 - John Granville v. Jane Doe and Vince L. Howard
What factors should trial courts consider when awarding attorneys' fees under Rule 77(f) after a trial de novo from an arbitration appeal. Read Opinion.

September 30, 2014 - 2 CA-CV 2014-0013 - In Re $70,070 in U.S. Currency
(1) In a forfeiture action, does A.R.S. � 13-4311(H) preclude a claimant from filing a summary judgment motion before a "responsive pleading" is served? (2) Did the trial court err by holding a probable cause hearing in connection with a Rule 12(b)(6), Ariz. R. Civ. P., motion to dismiss a forfeiture complaint and, as a result, fail to apply the proper standard in ruling on the motion? Read Opinion.


9th Circuit Court of Appeals

October 9, 2014 - 13-10588 - United States of America v. Richard G. Renzi
Conviction and sentence of Former Congressman Renzi and codefendant Sandlin on charges of conspiracy, honest-services fraud, extortion, money laundering, making false statements to insurance regulators, and racketeering, is affirmed, where: 1) the jury instruction was not in error, as the Ninth Circuit's pattern jury instruction for bribery merely recommends that the district court specifically describe the "thing of value" that was received in exchange for promised legislative support; 2) the district court properly declined to balance another congressman's Speech or Debate Clause privilege against Renzi's right to present a defense; 3) the district court did not abuse its discretion in excluding classified information in conformance with the Classified Information Procedures Act; 4) Renzi & Company was "engaged in the business of insurance"; and 5) the government was not required to show that Renzi & Company "misappropriated" funds held "in trust" for another in order to prove mail or wire fraud. Read Opinion.

October 8, 2014 - 12-15601 - Eric M. Clark v. James Arnold
Denial of defendant's habeas petition challenging a conviction of murdering a law enforcement officer in the line of duty is affirmed, where in light of the "doubly referential" standard afforded to Strickland v. Washington claims brought under 28 U.S.C. section 2254, it was not an unreasonable application of Strickland for the state court to determine that defendant's counsel did not provide ineffective assistance by failing to explicitly preserve the issue of observation evidence or by failing to request a reevaluation of defendant's competency. Read Opinion.



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