Volume 14, No. 6 | March 17, 2015

eye on ethics

Q: What do I do with unclaimed money left in my trust account?

A: Try to make contact with the client or third party who is entitled to the funds and be sure to document your efforts. In the event that you are unsuccessful in locating the entity entitled to the funds, you should escheat the funds to unclaimed property department of the State of Arizona. See ER 1.15(d), (e), and ER 1.16(d) and Ariz. Ethics Op. 97-03.


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Mortgage Lending Changes
New regulations and causes of action have altered the mortgage landscape�and an entire industry.

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member news

Sandra Day O'Connor College of Law Student Aids Veterans: Norman S. Fulton III, a 3L at the Sandra Day O'Connor College of Law, has served as Legal Clinic Director for the Arizona DAV Veterans Legal Clinics since the fall of 2013. During his tenure, eight veterans clinics were held throughout Arizona, beginning in October 2013. Overall, the clinics provided legal advice to 471 veterans or their spouses, and 523 consultations were held because many veterans had issues in more than one area of the law. Arizona's lawyers, law students, paralegals, families and friends, all operating under Norman's direction, have made the clinics the benchmark for other state bar assocations to follow. The clinics were sponsored by the Arizona Disabled Veteran Foundation and the Arizona Disabled American Veterans. 

In the news

Sigma Alpha Epsilon 'Not Ruling Out a Lawsuit' Against Oklahoma University, Says Lawyer: The board representing former members of Oklahoma University's disbanded Sigma Alpha Epsilon chapter has retained high-profile lawyer Stephe Jones "to assist them in evaluating" legal matters. More.

King v. Burwell - Subsidies on Federal Exchanges Will Survive: Predicting the outcome of a Supreme Court decision based upon questions asked at oral argument (and the responses to those questions) is a hazardous undertaking. Nevertheless, a prediction of the outcome of King v. Burwell , regarding insurance subsidies under the Affordable Care Act, can be made with considerable confidence. More.

Lawyer off the Hook for Death of His Private Eye: The widow of  private investigator killed while serving divoce papers cannot sue his attorney-client for not relaying those risks, the Virginia Supreme Court ruled. More.

from the bar

Did You Miss the February 2 Deadline to File Your State Bar Annual Statement and Dues? You can still file, but late filing fees are now in effect. Your 2015 statement is available for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary Bar Card for use until the permanent one is mailed to you. More.

Help Guide Your Bar Through the Next Five Years: The State Bar of Arizona's Strategic Planning Committee has created a series of goals for the next five years. We want your help to make sure we haven't missed anything. Please take a moment to review our plan and give us your comments by April 7. You can read the strategic plan outline here.  

Spring Training for Lawyers in Two Days: Spring Training for Lawyers is a day-and-a-half conference offering CLE programming and networking opportunities for Arizona attorneys. Program topics educate attendees on the latest legal developments affecting diverse clients and offer practical tips and skills to meet the needs of Arizona�s diverse legal community. More.

Are You New to the State Bar? Join us for the Welcome Orientation on April 22nd from 4 to 5:30 in the Boardroom of our Phoenix location.  Register by contacting Patricia.Giallanza@staff.azbar.org

Don't Miss Your Chance to 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 p.m. More.

Save the Date for the State Bar Convention: Join us from June 24-26 at the Arizona Biltmore & Spa. A limited number of seminar fee waivers are available. More.

Glendale and Peoria Residents, We Need You! Volunteer Applicants Sought for City Judicial Selection Boards Deadline Has Been Extended to March 27: Help screen and recommend candidates to serve as presiding and associate municipal court judges for the Cities of Glendale and Peoria. Apply by March 27, 2015. More.

State Bar Committees Want You. Are You Ready? As of February 1, 2015, 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.

Applications Being Accepted for a Vacancy on the Maricopa County Superior Court: The Maricopa County Commission on Trial Court Appointments will review applications, interview selected applicants and recommend at least three nominees for the vacancy to Governor Doug Ducey, who will appoint the new judge. More.

Looking for a Way to Help Your Colleagues? Volunteer to provide peer support to lawyers, judges, or their families suffering from issues with substance abuse, mental health, stress or work-life balance. Volunteers must attend a day-long training (CLE offered). Click here to apply.

ABA TECHSHOW: What Are the Ethical Concerns About Storing Confidential Client Communication in the Cloud? Click on this article which is a taste of what awaits you at the ABA TECHSHOW 2015, April 16-18 in Chicago. Register online using the Event Promoter code, TECHSHOWEP15 to get your State Bar discount. 

AHERN TIP: Do you have procedures for screening prospective clients? Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance. More.

Save With the No Annual Fee MasterCard: Apply now and earn double reward points on purchases for the first 60 days. See full terms and conditions here

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. 

More Ways to Save: 25 companies offer State Bar member discounts. Please click here for the details. 

court decisions

Arizona Court of Appeals
Division One
Division Two

March 10, 2015 - 1CA-JV-14-0146 - Alice M. v. DCS, R.M
Whether the Juvenile Court erred by allowing reports to be admitted into evidence over Mother's objections at trial, based on Juvenile Rule 45.D.
Read Opinion.

March 10, 2015 - 2CA-CR- 2014-013 - State of Arizona v. Austin Garrett Hansen
1) Does the state have a right to appeal a mistrial order under A.R.S. � 13-4032(2), which allows an appeal from an �order granting a new trial�? (2) If not, is special action jurisdiction appropriate in this case? (3) Did the trial court err by declaring a mistrial when the jury returned verdict forms finding the defendant guilty of aggravated assault with a deadly weapon but not guilty of the lesser included offense of simple assault?
Read Opinion.


9th Circuit Court of Appeals

March 10, 2015 - 12-55289 - CPR for Skid Row v. City of Los Angeles

In this case, plaintiffs brought suit after they were threatened with arrest and arrested for chanting loudly in protest of an organized walk by public officials and others through Los Angeles' Skid Row. Plaintiffs challenged California Penal Code section 403, which makes it a misdemeanor to "willfully disturb or break up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in section 18340 of the Elections Code." The district court's summary judgment dismissing the action is affirmed in part and reversed in part, where: 1) CPC section 403 is not unconstitutional on its face; but 2) section 403 was unconstitutionally applied to plaintiffs' activities; 3) the plain language of the statute and its legislative history demonstrate that section 403 does not cover political meetings, as here; and 4) because plaintiffs' activities fell within the exception carved out by Elections Code section 18340, CPC section 403 did not criminalize plaintiffs' conduct. Read Opinion.

March 12, 2015 - 12-17564 - Kyzar v. Ryan

The district court's denial of Arizona state prisoner Kyzar's habeas petition challenging his conviction for conspiring with another prisoner, Cropper, to commit a deadly or dangerous assault by a prisoner, is affirmed, where: 1) Kyzar's pro se filings before the Arizona trial court and the Arizona Court of Appeals fairly presented his sufficiency of the evidence claim, which was sufficient to exhaust his state remedies and avoid a procedural default; and 2) the Arizona trial court did not unreasonably apply Jackson v. Virginia when it rejected Kyzar's sufficiency of the evidence claim, as the State presented evidence that Kyzar knew Cropper intended to attack someone, agreed to help Cropper obtain a knife, and took an overt act in furtherance of this conspiracy. Read Opinion.



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