Volume 14, No. 15 | July 21, 2015

eye on ethics

Q. Must an out-of-state lawyer who refers a case to me perform any work on the case in order for us to share fees?

A. No, however; ER 1.5(e)(1) requires that each lawyer receiving any portion of a fee assume "joint responsibility," which means at a minimum malpractice liability. Read Ops. 10-04 and 04-02.


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Student Magna Carta Video Winners
Arizona high school students prevailed in a national video competition sponsored by the ABA on the Magna Carta's anniversary.

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member news

Gila County Superior Court Gains State Bar Board of Governors Leader: Changes in State Bar of Arizona leadership are on the horizon as president Bryan Chambers has been appointed to serve the remainder of Judge Peter Cahill's term as Gila County Superior Court Judge. Bryan Chambers, who was recently sworn in on June 26 as the Bar's 83rd Board of Governors president, will leave his position to serve as Gila County Superior Court Judge through 2016. More.

In the news

U.S. Appeals Court Vacates Some Convictions of Former Illinois Governor Blagojevich: A U.S. appeals court said on Tuesday it had vacated five out of 18 criminal convictions against former Illinois Governor Rod Blagojevich, who is serving a 14-year sentence for attempted extortion from campaign contributors, wire fraud and other crimes. More.

One Judge Strips Another of Immunity in Wrongful Termination Lawsuit: Knox County Circuit Court Judge Bill Ailor cannot cloak himself in the judicial robes of immunity in the firing of a veteran court worker because he was not yet a judge when he did so, according to a ruling issued late last week. More.

California Women Clash in Feline Custody Battle: To one woman, the black and white feline is Whiley, a one-time stray who she adopted from a rescue nearly five years ago. To another, the 10-year-old tuxedo cat is David, who she bottle-fed when he was a kitten and frantically searched for when he went missing. Now the two women are fighting in court in Sonoma County, California, asking a judge to weigh in on their cat custody battle. More

from the bar

File MCLE Affidavits Before Sept. 15 Deadline: You don't need to wait! Online filing for your 2014-15 MCLE affidavit is available now. Filing deadline is no later than September 15, 2015. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

Volunteers Sought for ABA House of Delegates, Supreme Court Committees and DNA-People's Legal Services Board: Apply by September 1 to serve as a State Bar Delegate in the ABA House of Delegates or on the Court's Committee on Character and Fitness or its Committee on Examinations. The largest Native American legal services program � DNA � seeks a volunteer to serve on its board of directors. For candidate criteria/qualifications and more information click here.

Finding Your True Grit - A Discussion on the Secrets of Success for Women Lawyers: How does your mindset impact your success in the workplace? Studies have shown that highly successful women lawyers have "grit" � the perseverance and passion for long term goals � and that an individual can learn to develop more grit. In this interactive session you will learn from distinguished and accomplished women lawyers what grit is and techniques to implement a grit approach in your career. The program is FREE to all registrants and will be held on August 20 in Phoenix. Register now or click here for more information. Space is limited.

Public Asked for Input on Candidates For Superior Court Vacancies: The Maricopa County Commission on Trial Court Appointments is seeking public input on 27 candidates for six openings on the Maricopa County Superior Court. The candidates are: Alison Bachus, Michael Blair, Gregory Como, Wendy Coy, Kristin Culbertson, Kimberly Demarchi, Michael Gottfried, Mark House, Michelle Johnson, Todd Lang, Kerstin LeMaire, Edith Lucero, Steven Lynch, Michael Mandell, Phemonia Miller, Scott Minder, Sharon Ng, Erin O�Brien Otis, Joshua Rogers, Aryeh Schwartz, Louis Seletos, Shellie Smith, Ronee Steiner, Howard Sukenic, Annielaurie Van Wie, Lisa VandenBerg and Roy Whitehead. More.

Register Now for 2015 Workers' Compensation Program in Prescott: The annual Workers' Compensation seminar features staples like case law and legislative updates, as well as topics on ethics, brain and spine issues, and tips from the appellate bench. More.

State Bar CLE Offers Live Audio Programming: The State Bar of Arizona continues to offer live, one-hour audio programming for Bar members through its partnership with WebCredenza. 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/.

Need an Expert? Find experts in more than 80 categories in the State Bar online 'Find an Expert' Directory. Click here.

Free Webinars from Clio: State Bar members may attend Clio's training webinars at no charge; click here for upcoming webinars. Clio is a practice management software specifically designed for small to medium-sized firms. For a free trial or to take advantage of a 10% lifetime discount on Clio, use promo code AZBAR and click here.

Save Money on Car Insurance: You could qualify for an exclusive State Bar member discount with GEICO. Click here or call 800.368.2734 for a no-obligation quote.

Discounts 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

June 30, 2015 - 1 CA-CV 14-0190 - First American Title Insurance Company v. Johnson Bank
1) Whether the superior court erred when it granted summary judgment in favor of First American, holding the date of valuation of a property under a lender's title insurance policy was the date of foreclosure. 2) Whether the superior court erred when it determined that Johnson Bank was precluded from relying on information contained in the title insurance policy to establish contract damages under the title insurance policies. Read Opinion.

June 30, 2015 - 2 CA-CR 2014-0159 - State of Arizona v. Feliciano Ontiveros-Loya
May police search a cell phone incident to arrest where the cell phone is not within the arrestee's reach at the time of the search? Read Opinion.


9th Circuit Court of Appeals

July 20, 15 - 13-73438 - George H. Gage v. Kevin Chappell
In a case in which petitioner was convicted of sexually assaulting his stepdaughter, his application for permission to file a second or successive habeas petition under 28 U.S.C. section 2254 is denied over a Brady claim and an ineffective assistance of counsel claim, neither of which was included in his first federal habeas petition. Read Opinion.

July 20, 2015 - 12-35946 - Seth Baker v. Microsoft Corporation
In diversity action brought by a putative class of owners of Microsoft Corporation's Xbox 360 video game console, alleging a design defect in the Xbox console that gouged game discs, the district court's decision striking the class allegation, concluding that comity required deferral to an earlier class certification denial from another district court decision involving a similar putative class, is reversed where there was jurisdiction under 28 U.S.C. section 1291 to hear the appeal because the district court's dismissal of the action with prejudice was a sufficiently adverse, and appealable, final decision, even though the dismissal was the product of a stipulation. Read Opinion.



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