Volume 14, No. 3 | February 3, 2015

eye on ethics

Q: I am changing law firms. May I discuss with my new firm the names and general matters of former clients for the purpose of detecting any conflicts of interest?

A: Yes, but only if the information revealed would not compromise the attorney-client privilege or otherwise prejudice the client. See ER 1.6(d)(7).


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3 Dreadful Months
What estate planning steps should you take now, before emergency strikes?

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member news

Consumers Get Free One-On-One Consultations From Volunteer Immigration Attorneys: Twelve volunteer immigration attorneys came together at Fiesta Mall in Mesa on Saturday, January 31 to offer free legal advice at an informational session and legal assistance clinic hosted by the State Bar of Arizona and its partner Univision Arizona. This access to justice program was organized to inform consumers, dispel myths, and combat consumer fraud related to immigration law and deferred action.

An estimated 600 consumers attended the 4-hour access to justice event and 274 families received one-on-one consultations by volunteer attorneys.

The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who helped answer consumers' immigration law questions through this access to justice program. They include: Marysol Angulo, Hernandez Global; Emilia Banuelos, Banuelos Law Office; Jordan Clegg, Law Office of Jordan Clegg; Joshua De La Ossa, Law Office of Joshua De La Ossa; Seth Draper, Salvatierra Law Group; Judy Flanagan, Judy C. Flanagan, PC; Magaly Fontes, Law Office of Magaly Fontes; Jaime Garcia, Garcia Law Group; Ezequiel Hernandez, Hernandez Global; Freddy Saavedra, Saavedra Law Firm; Johnny Sinodis, Salvatierra Law Group; and Ray Ybarra Maldonado, Law Office of Ray A. Ybarra Maldonado.

In the news

Arizona Sued Over Poor Foster-Care Conditions: Arizona's neglect of children in foster care "shocks the conscience" and amounts to an official shrug to the plight of nearly 17,000 children, a class-action lawsuit filed today in U.S. District Court alleges. More.

Robin Williams' Widow Says His Kids Took Memorabilia; Legal Battle Brews: A legal battle is brewing between Robin Williams' widow and children over the late actor's estate. In court documents filed just before Christmas, the comedian's widow, Susan Schneider Williams, claims that some of her husband's belongings were taken from their home in Tiburon without permission, and that Williams' three children are staking claims to memorabilia that was bequeathed to her. More.

Super Bowl Tickets Stolen Outside Stadium: A family of Seattle Seahawks fans say a National Football League representative told them they were overwhelmed with complaints of pick-pockets and could do nothing to help after the fans reported stolen three Super Bowl XLIX tickets valued at more than $3,500 combined. More.

from the bar

Friday Is Your Deadline to Become Involved in the Merit Selection Process: Apply for one of the Judicial Nominating Commissions and help select judicial candidates for appointment to the trial bench in Maricopa, Pima and Pinal Counties, or judicial candidates for appointment to the appellate bench. The application deadline was extended to February 6, 2015. More.

Open Enrollment for Major Medical Coverage Available Through State Bar of Arizona Ends February 15: 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.

Run For Election to the Board of Governors: Active Members in District 8 (Pinal County) are encouraged to run for one seat on the State Bar of Arizona's Board of Governors. Nomination packages are due by Friday, February 27, 2015. More.

Committee Recommends Changes to Ethical and Other Rules in Light of Changing Practice of Law: The Arizona Supreme Court last summer appointed a committee to look at recommending amendments to ethical and other rules in light of the changing practice of law. That committee�the Committee on the Review of Supreme Court Rules Governing Professional Conduct and the Practice of Law�now filed a rule-change petition�R-15-0018�proposing that the court amend a variety of rules. More.

Public Asked for Input on Candidates for Superior Court Vacancies by February 12: The Maricopa County Commission on Trial Court Appointments is seeking public input on 14 candidates for two openings on the Maricopa County Superior Court. The candidates are: Theodore Campagnolo, Gregory Como, Dewain Fox, Stephen Hopkins, Brian Kaiser, Edith Lucero, Steven Lynch, Bernard Owens, Laura Reckart, Jeffrey Rueter, Aryeh Schwartz, James Smith, Shellie Smith and Lisa VandenBerg. More.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the annual State Bar awards are now being accepted through March 27, 2015 at 5:00 p.m. More.

State Bar Committees Want You. Are You Ready? As of February 1, the State Bar is accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona. Applications must be received no later than April 2, 2015. To learn more about the various committees and to fill out an application click here.

Volunteers Sought for City Judicial Selection Boards: Help screen and recommend candidates to serve as presiding and associate municipal court judges for the City of Glendale and the City of Peoria. Apply by March 6. Learn more by clicking here.

ABA TECHSHOW 2015 - Bringing Lawyers & Technology Together: State Bar of Arizona members qualify for a discount on registration. Register before March 6 to obtain the early bird rates. You must use the Discount Code TECHSHOWEP2015. Download the registration form here.

Save on Credit Card Processing: If you accept credit cards from clients, you can save up to 25% on standard credit card processing fees with LawPay. LawPay is exclusively for attorneys and meets the requirements for trust account guidelines. To learn more, please call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Save on Payroll: Save time and money when processing payroll with SurePayroll, a provider of online payroll services. Click here for the State Bar member discount, or call 877.954.7873 to find out more.

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

court decisions

Arizona Court of Appeals
Division One
Division Two

January 15, 2015 - 1 CA-SA 14-0094 - Hon. John Rea/Rudolfo Bros. Plastering
After an insurance company has taken action that is then challenged by an insured in a bad faith case, does the insurance company impliedly waive the attorney-client privilege if the company consulted with counsel before taking the challenged action and then defends the bad faith action on the basis of subjective good faith? Read Opinion.

December 10, 2014 - 2 CA-CR 2013-0323 State of Arizona v. Anthony Lewis
1. Whether, after an initial determination by the court that a defendant was incompetent but restorable, evidence of malingering is sufficient to overcome the presumption of continued incompetence. 2. Whether A.R.S. � 13-1506(A)(1) requires that a residential yard be fenced. 3. Whether a trial court abuses its discretion in refusing to instruct the jury on criminal trespass when the state seeks to prove the defendant had committed third-degree burglary under A.R.S. � 13-1506(A)(1). Read Opinion.


9th Circuit Court of Appeals

January 30, 2015 - 12-15029 - Logan R. Volpicelli v. United States
District Court's dismissal of an action alleging that the IRS wrongfully levied upon funds that did not belong to plaintiff is reversed where the nine-month limitations period set by 26 U.S.C. Section 6532(c) is not jurisdictional and may be equitably tolled. On remand, the court is directed to resolve whether plaintiff established grounds for equitable tolling. Read Opinion.

January 30, 2015 - 12-10514 - United States v. Hui Hsiung
In a criminal antitrust that stems from an international conspiracy between Taiwanese and Korean electronics manufacturers to fix prices for Liquid Crystal Display panels known as TFT-LCDs in violation of the Sherman Act, convictions and sentence are affirmed where: 1) venue was proper; 2) defendants waived the argument that an extraterritoriality defense bars their convictions, and viewing the jury instructions as a whole, nothing misled the jury as to its task; 3) the District Court properly applied a per se analysis under the Sherman Act; 4) the Federal Trade Antitrust Improvements Act of 1982,15 U.S.C. Section 6a, is not a subject-matter jurisdiction limitation on the power of the federal courts but a component of the merits of a Sherman Act claim involving nonimport trade or commerce with foreign nations; 5) the indictment contained the factual allegations necessary to establish that the FTAIA either did not apply or that its requirements were satisfied; 6) the indictment sufficiently alleged that defendants' conduct had a direct effect on US commerce; and 7) fines imposed under the Alternative Fine Statute, 18 U.S.C. Section 3571(d), were proper. Read Opinion.



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