Volume 13, No. 23 | November 11, 2014

eye on ethics

Q: An associate at my firm has left to work for another firm. Am I required to provide him/her the contact information of clients whose matters he/she was handling while employed at my firm?

A: Yes, to the extent necessary for both your firm and departing lawyer to provide timely notice to affected clients so that they may make informed decisions regarding their continued representation. Read Op. 10-02.


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member news

Outstanding Disabled Veteran Keeps on Giving: Roger Ferland is a man on a mission. After serving our country in the U.S. Military where he was severely wounded in the line of duty, he came home to face a lengthy and grueling rehabilitation program. However, he didn�t let his injury stop him from living his life to the fullest, and in this time he married, and started a family of his own. More.

In the news

Young Inventors Sued for $1 Million: A teen and her younger sister have come up with a simple way to keep your smartphone or tablet clean in what sounds like the American Dream come true. But now the girls' family is on the receiving end of a million-dollar lawsuit. More.

Supreme Court Will Look at 'Obamacare' Subsidies: The Supreme Court has agreed to hear a new challenge to President Barack Obama's health care law�a case that threatens subsidies that help millions of low-and middle-income people afford their health insurance premiums. More.

from the bar

Bar's Professionalism Committee Recommends Changes to Lawyer's Oath and Creed: The State Bar of Arizona's Professionalism Committee is recommending several changes to the lawyer's oath and creed. The State Bar Board of Governors' Rules Committee, which reviews rule-change petitions and makes recommendations to the BOG, has directed that the Professionalism Committee's proposals be circulated as widely as possible to members for comment. More.

Comment on Superior Court Applicants Tomorrow: The public is invited to comment--in person--on 40 applicants for three vacancies on the Superior Court in Maricopa County created by the addition of Divisions 96, 97 and 98. Citizens can address the commission tomorrow, Tuesday, November 12 at the public meeting that will be held at 9:30 a.m. More.

Be a Part of Arizona's Merit Selection Process: Apply to serve on one of the four judicial nominating commissions. The application deadline is Friday, November 21. More.

Give to Legal Charities and Earn a Tax Credit at the Same Time! How would you like to donate money to help legal services in Arizona and then get all that money back? You can do it by making a donation to legal aid organizations that qualify for the Working Poor Tax Credit. Among the qualifying organizations that rely on funding from Arizona's legal community are: Arizona Women's Education & Employment Inc. (Legal Advocacy); Christian Legal Aid of Arizona; Community Legal Services Inc.; Defenders of Children; DNA People's Legal Services; Southern Arizona Legal Aid Inc. (SALA); Tucson Family Advocacy Program (SALA); and William E. Morris Institute for Justice. Donate now.

CBS 5 Story Warns Consumers to Research Lawyers' Backgrounds: A Scottsdale couple said their lawyer took money from them and never provided any services. A quick search found the lawyer was disbarred in Arizona. More.

Arizona Wills For Heroes Serves Arizona Probation Officers Association: This past Saturday the Wills for Heroes, a program of the Arizona Foundation for Legal Services & Education (Bar Foundation) and the State Bar of Arizona, held a special event for the Arizona Probation Officers Association. More.

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.

Why Aren't You Using Fastcase? It's Free! State Bar of Arizona members (active, judicial and over-70) can save thousands of dollars on legal research costs through this online legal research tool. It gives you federal law, access to state law in all 50 states, and special courts including Board of Tax Appeals and U.S. Customs Court. We even give you access to free tutorials! More.

How to Avoid Risks When You End an Attorney-Client Relationship: Click here for 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.

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

More Ways to Save: 25 companies offer State Bar member discounts, please click here for the complete list and all the details.

court decisions

Arizona Court of Appeals
Division One
Division Two

October 21, 2014 - 1 CA-SA 14-0054 - Travis L. Darrah v. Hon. Crane McClennen and the City of Mesa
Whether the Arizona Medical Marijuana Act prohibits the State from prosecuting an authorized medical marijuana user for driving under the influence pursuant to Arizona Revised Statutes section 28-1381(A)(3), which criminalizes driving while there is any prohibited drug or its metabolite in a person's body. Read Opinion.

October 6, 2014 - 2 CA-CV 2014-0004 - Cecelia M. and Randall Lewis v. Ann and Ray C. Debord
Whether a judgment creditor may satisfy his or her judgment by executing on the judgment debtor's real property that was transferred to a subsequent purchaser after recordation of the judgment pursuant to A.R.S. � 33-961(A) but before attachment of the information statement required under A.R.S. �� 33-961(C) and 33-967(A). Read Opinion.


9th Circuit Court of Appeals

November 10, 2014 - 12-56120 - Erik Knutson v. Sirius XM Radio
District court's order dismissing plaintiff's putative class action and granting defendant Sirius XM's motion to compel arbitration pursuant to the Federal Arbitration Act (FAA) is reversed and remanded, where: 1) plaintiff purchased a vehicle from Toyota that included a trial subscription to defendant's satellite radio service, and subsequently, plaintiff received a "welcome kit" from defendant that contained a Customer Agreement with an arbitration clause; 2) plaintiff also received three unauthorized calls from defendant on his cellphone during the trial period; 3) a reasonable person in plaintiff's position could not be expected to understand that purchasing a vehicle from Toyota would simultaneously bind him to any contract with defendant; and 4) plaintiff's further use of defendant's service after receipt of the Customer Agreement did not manifest assent to the Customer Agreement provisions, and the arbitration clause was therefore unenforceable. Read Opinion.

November 10, 2014 - 09-71415 - Gabriel Almanza-Arenas v. Eric H. Holder, Jr., Attorney General
Petition for review of a Board of Immigration Appeals (BIA) decision affirming a final order of removal - on grounds that petitioner's conviction for vehicle theft pursuant to California Vehicle Code section 10851(a) constituted a crime involving moral turpitude (CIMT) - is granted, where: 1) because the statute provides alternative, non-CIMT means by which the offense may be committed, but not alternative elements, it is an indivisible statute, and the BIA thus erred in applying the modified categorical approach; and 2) because the record was inconclusive as to whether petitioner was convicted of temporarily or permanently taking a vehicle, the BIA erred in finding him ineligible for cancellation of removal. Read Opinion.



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