Volume 14, No. 8 | April 14, 2015

eye on ethics

Q: I just received a settlement check made jointly to the client and myself. Should I deposit the check into my operating account or into my client trust account?

A: Trust account. Funds belonging entirely to the client, funds belonging in part to a client and in part presently or potentially to the lawyer, and funds belonging to a third party in connection with a representation go into the client trust account. See ER 1.15(b) and Rule 43(a).


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member news

Judge Sally Simmons and Judge Kathleen Quigly of Pima County Honored at by Pima County/Tucson Women's Commission: On March 13, the Pima County/Tucson Women's Commission honored 17 women at the Women in Government luncheon at the Tucson Convention Center. Among those nominated for the county's leadership award were Judge Sally Simmons, who presides over Pima County Superior Court and Judge Kathleen Quigley, who presides over Pima County Juvenile Court. More.

In the news

U.S. Tobacco Companies File Suit Against FDA Over Label Regulations: The biggest U.S. tobacco companies on Tuesday filed a federal lawsuit against the Food and Drug Administration, challenging an alleged effort to assert authority over labels on tobacco products. Tobacco subsidiaries of Altria Group Inc., Reynolds-American Inc. and Lorillard Inc. argue a recent FDA requirement violates free speech by requiring them to submit labels for approval. More.

Wisconsin Senator Loses Appeal of Obamacare: A federal appeals court has rejected Wisconsin Sen. Ron Johnson's effort to stop members of Congress and their staffs from getting health insurance subsidies under President Barack Obama's 2010 healthcare law. The 7th U.S. Circuit Court of Appeals in Chicago said Johnson lacked legal standing to sue because he did not show he had been injured by the "special treatment" he claimed Obamacare gave senators, representatives and their staff. More.

from the bar

Board of Governors Election for Seat in Pinal County: Attorneys and judges in Pinal County (Board District 8) will elect one member to a two-year term on the State Bar's governing board. The online election opens May 6. Meet the candidates here.

State Bar Offers "Lessons from the Holocaust" CLE for Lawyers and Internationally Acclaimed "Lawyers Without Rights" Exhibit for Public: The State Bar of Arizona's Continuing Legal Education (CLE) Division will offer 'Lessons from the Holocaust' on National Holocaust Remembrance Day�Thursday, April 16, 2015. This unique program, created by the United States Holocaust Memorial Museum, will explore how positions of trust and responsibility transformed into positions of destruction and detriment in Nazi Germany and how the Holocaust correlates to the roles and responsibilities of today's lawyers. More.

State Bar Seeks Volunteers for Annual Law Day Legal Aid Clinics: On Saturday, April 25, the State Bar of Arizona will hold its FREE legal help clinics in celebration of Law Day. Volunteers will provide legal consultations to consumers at two locations in Phoenix. If you're a family law, bankruptcy, immigration, or probate attorney who wants to make a huge impact on our community by volunteering your time and experience, please contact Alberto Rodriguez at alberto.rodriguez@staff.azbar.org or 602.340.7337.

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.

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.

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.

State Bar CLE Partners With WebCredenza to Offer Live Radio Programming: The State Bar of Arizona is excited to announce it has added to its continuing legal education program options through its new arrangement with WebCredenza, Inc. to offer live, one hour audio programming for Bar members. These intermediate or advanced level seminars will largely be transactional in nature. The speakers are practice and thought leaders within their practice areas and beyond. Join in the seminar discussion with your peers across the country. View the selection and register for the audio webcast at //www.azbar.org/CLE or //az.webcredenza.com/.

Applications Being Accepted for Two Vacancies on the Maricopa County Superior Court Through May 4: Applications are being accepted for two vacancies on the Superior Court in Maricopa County created by the retirement of Judge Linda Miles and Judge Robert Miles. The Maricopa County Commission on Trial Court Appointments will review applications, interview selected applicants and recommend at least three nominees for each vacancy to Governor Doug Ducey, who will appoint the new judges. More.

CLE by the Sea Sticks Around for a Few More Years: After announcing that CLE by the Sea had set sail last year, the State Bar of Arizona is thrilled to say that it�s back at the beautiful Hotel Del Coronado for another exciting year. Don�t miss your chance to fulfill a full year of MCLE credits, including 3 hours of ethics, while enjoying the quiet sandy beach of Coronado. This year�s tracks are Trial, Family, Labor and Employment and Estate Planning, Trusts and Probate. 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.

Law Day Clinics in Cottonwood and the Prescott Area: The Yavapai County Bar Association and Community Legal Services have partnered to sponsor free legal clinics in celebration of Law Day. The first clinic will be held at the Cottonwood Public Library on April 29 and the second at the Prescott Valley Public Library on April 30. For more information click here.

Fair Courts - Arizona's Merit Selection System: A free conference regarding Pinal County�s judicial system, AZ�s Merit Selection System and national cases impacting Fair and Impartial Courts will be held this Saturday, April 18. Vice Chief Justice John Pelander has been asked to address the value of Arizona�s merit system for the legal profession, judges, and the public. Discussion will include the growing national trend after Citizen�s United and McCutcheon of money influencing judicial races, the impact on justice and how Merit shields judges from the real or perceived threat of money influencing decisions. More.

January 2016 Brings New ID Requirements for Airline Travel and Entrance to Federal Buildings: Starting in January, the U.S. Department of Homeland Security will no longer accept driver�s licenses that are not REAL ID compliant as identification for boarding domestic airline flights. Under the newly-passed SB1273, Arizonans will not be required to get REAL ID licenses, but will have the option of doing so. More.

Law Practice Tip from Ahern Insurance Brokerage: What if you discover that you missed a statute of limitations or other deadline? Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Lower Cost 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, call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

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.

Save More: 25 companies offer discounts to State Bar members, please click here for details.

court decisions

Arizona Court of Appeals
Division One
Division Two

April 9, 2015 - 1 CA-CV 14-0006 - Dr. Krishna Pinnamaneni v. Arizona Registar of Contractors
1. Whether a trust that owns residential property damaged by a contractors faulty work may qualify as a "person injured" eligible for recovery from the fund. 2. Whether the resident owner of property damaged by a contractor�s violation must be in contractual privity with the contractor to qualify as a "person injured" eligible for recovery from the fund. 3. Whether participation in a complaint against the contractor under � 32-1154 is a prerequisite to eligibility for recovery from the fund. Read Opinion.

April 13, 2015 - 2 CA-CR 2015-0002-PR - State of Arizona v. Esteban Javier Terrazas
When a defendant was represented by a former law student who was not properly certified pursuant to Rule 38(d), Ariz. R. Crim. P., but was also represented by properly licensed counsel, was that defendant deprived of his right to counsel? Read Opinion.


9th Circuit Court of Appeals

April 3, 2015 - 11-10459 - United States v. Jordon Simmons
Defendant appeals from the district court's judgment sentencing him to 168 months' imprisonment for various drug and firearm offenses. The sentence is vacated and remanded for resentencing, where the district court erred in sentencing defendant as a career offender, since it erroneously concluded that his prior conviction for second degree escape in violation of Hawaii Revised Statutes section 710-1021 was a "crime of violence" as that term is defined by the U.S. Sentencing Guidelines. Read Opinion.

April 3, 2015 - 13-50463 - United States v. David Tamman
Conviction and sentence for conspiracy to obstruct justice, accessor after the fact to mail fraud and securities law violations, altering documents to influence a federal investigation, and aiding and abetting false testimony at an SEC deposition is affirmed, where: 1) defendant, a practicing attorney and partner at a major law firm, was competent to waive his jury trial and his waiver was knowing and intelligent; and 2) the district court did not plainly err in excluding a non-lawyer's testimony reciting facts and legal conclusions, in determining that the district court was capable of understanding, through a written proffer in a trial brief rather than in live testimony, an expert's opinion regarding defendant's professional and ethical duties as an attorney, and in admitting coconspirator nonhearsay testimony. Read Opinion.



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