Volume 14, No. 11 | May 26, 2015

eye on ethics

Q. I just retained an associate who is building a book of clients generated from marketing, the costs of which I pay for the firm. May I make the associate agree not to take any cases with him if he leaves the firm unless he reimburses me for marketing costs?

A: No. Doing so would violate the policy underlying ER 5.6 that puts the commercial interests of law firms secondary to the need to preserve client choice. Read Ethics Op. 09-01.


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Precedent's Steel Grip
In a profession ruled by precedent, what can Charles Dickens teach us about flexibility, error, and change?

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member news

Volunteer Attorneys Offer Free Legal Advice on Landlord/Tenant Issues: Four attorneys came together on Tuesday, May 19 for the May edition of Lawyers on Call, a public service campaign sponsored by the State Bar of Arizona and 12 News. The phone bank was organized to help clarify consumers' questions regarding their landlord/tenant issues. The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who helped consumers across the Valley through this access to justice program. They include: Henry Alzate, Alzate DuComb Law Firm; Jack Escobar, Escobar Law Firm; Charles Oldham, Dickinson Wright; and Bret Rasner, Community Legal Services.

In the news

Federal Court Blocks Obama's Immigration Plan: A federal appeals court refused Tuesday to allow President Obama's program to protect millions of undocumented immigrants from deportation from going into effect. The decision by a three-judge panel of the 5th Circuit Court of Appeals in New Orleans adds another delay for the undocumented immigrants who could have been protected under the president's order. More.

Supreme Court to Hear Texas Senate Districts Case: The Supreme Court agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures. More.

Suspended Lawyer Gets 12 Months in Federal Prison for His Role in $3.5M Mortgage Fraud: Add another real estate closing attorney to the annals of those sentenced to serve time for playing a role in a mortgage fraud. Suspended Connecticut lawyer Gabriel Serrano, 49, was sentenced Friday to 12 months and one day in federal prison, followed by five years of supervised release, according to the West Hartford Patch and WTNH. More.

from the bar

State Bar Announces 2015 Board of Governors Special Election Results: The State Bar of Arizona today announced the addition of one new member to its Board of Governors. Denis M. Fitzgibbons has been elected by State Bar members to serve on the Board of Governors for two years. A special election was held to fill the remainder of a two-year term in District 8 (Pinal County) that will be vacated by Richard Platt after he completes his term as president. More.

Developing Lawyers as Leaders: The Bar Leadership Institute is now accepting applications for the 2015-16 class. Now in its 9th year, the BLI is designed to equip Arizona lawyers with the knowledge, skills and connections necessary to serve as leaders in their profession and local communities. Application deadline is June 19. For more information about the program and application click here.

Don't Miss Out on the Savings and the Fun at the State Bar Convention! Have you registered for the 2015 Convention? Save $50 by registering for the State Bar Convention before 5 p.m. on Friday, June 12. After that date, you'll pay more and have to register at the convention site. Did you know that the convention offers more than CLE? Attend one or more of the special events that promise to add some fun and entertainment to your convention experience! You'll need to act soon, as tickets are on a "first-come, first-served" basis. Purchase tickets for you and your colleagues before these events are sold out! More.

2015 Drive for Justice Golf Tournament: Join the Arizona Bar Foundation for a fun day of golf, networking and an opportunity to out drive other attorneys. Enjoy a day of golf while supporting your Bar Foundation. More.

Public Asked for Input on Candidates for Superior Court Vacancies: The Maricopa County Commission on Trial Court Appointments is seeking public input on 15 candidates for three openings on the Maricopa County Superior Court. The candidates are: Michael Anderson, Alison Bachus, Gregory Como, Wendy Coy, Stephen Hopkins, Kerstin G. LeMaire, Edith Lucero, Steven Lynch, Joshua Rogers, Jeffrey Rueter, Aryeh Schwartz, Louis Seletos, Shellie Smith, Ronee K. Steiner and Lisa VandenBerg. More.

Applications Being Accepted for Four Vacancies on the Maricopa County Superior Court: Applications are being accepted for four vacancies on the Superior Court in Maricopa County created by the retirement of Judges Mark Aceto, Norman Davis, Bethany Hicks and Gerald Porter. More.

Application Deadline for Judicial Vacancy in Gila County is May 29: Governor Doug Ducey announced he has begun accepting applications for a vacant judicial position on the Gila County Superior Court. The vacancy was created by the retirement of Judge Peter Cahill. Applications will be accepted until 5 p.m. on May 29, 2015. More.

Is Your Information Correct for This Year's State Bar Directory? It's that time again. We'd like you to review your member record to be sure your information is correct for the next Membership Directory. Not only do we want to make sure we have your correct contact information, but we also want to know what information you'd like published in the directory. You can update your information, and your privacy options, by going to www.azbar.org/UpdateAddress. When you get there, login or register so you can review your information. Your DEADLINE to make changes for the 2015-16 directory is June 12. After that, we start moving your record to production, with anticipated printing and mailing in late September.

U of A Seeks Attorneys to Build Legal-Help Network for Students: The University of Arizona's Associated Students of the University of Arizona (ASUA) Student Legal Services is looking to establish a network of lawyers willing to assist University of Arizona students at greatly reduced fees. The need for such a referral network is beneficial not only to the nearly 40,000 students but also to the greater Tucson and Arizona community. If you are interested in being a member or have any questions please contact Janis C. Gallego, University of Arizona, ASUA Student Legal Services Advisor at janisgallego@email.arizona.edu or call 520.621.7588.

Law Practice Tip from Ahern Insurance Brokerage: What if a former client asks you to sign an agreement tolling the statute of limitations on a possible legal malpractice claim against you? Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

No Annual Fee! Save With the State Bar of Arizona 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.

Save on Cell Phone Service, Payroll Processing, Credit Card Processing, and More: Click here for the complete list of special offers from 25 companies for State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

May 12, 2015 - 1 CA-CV 14-0341 - SPQR Venture, Inc. v. Andrea S. and Bradley J. Robertson
Where wife had separate premarital debt, did the trial court correctly determine that husband's community property earnings were not reachable under A.R.S. � 25-215(B) to the extent of wife's value to the community as a stay at home mother? Read Opinion.

May 12, 2015 - 2 CA-CV 2014-0124 - Richard and Gwenyth Gallagher
Whether A.R.S. � 12-820.05(B) provides a public entity with immunity against direct liability claims, such as negligent hiring and supervision, stemming from its employee's felony criminal conduct when the entity lacks actual knowledge of its employee's propensity for such conduct. Read Opinion.


9th Circuit Court of Appeals

May 20, 2015 - 14-10024 - United States v. September McConnell and James Evans
District court's grant of defendant's motion to suppress evidence of illegal drugs and a firearm found in a search of his car following a traffic stop is vacated, where applying Rodriguez v. US, 135 S. Ct. 1609 (2015), by conducting an ex-felon registration check and a dog sniff, both of which were unrelated to the traffic violation for which defendant was stopped, the officer prolonged the traffic stop beyond the time reasonably required to complete his traffic mission, and violated the Fourth Amendment, unless there was independent reasonable suspicion justifying each prolongation. Remanded to consideration of whether the officer's prolongation of the stop was supported by independent reasonable suspicion. Read Opinion.

May 20, 2015 - 11-73406 - George C. Garcia v. Loretta E. Lynch, Attorney General
Petition for review of the Board of Immigration Appeals' decision, denying petitioner's motion for reconsideration for lack of jurisdiction on the ground that he validly waived appeal, is granted where petitioner�s waiver of his right to appeal to the BIA was not considered and intelligent because his decision was based upon an Immigration Judge's incorrect advice that his prior conviction was an aggravated felony and that he was therefore ineligible for relief from removal. Read Opinion.



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