Volume 14, No. 16 | August 4, 2015

eye on ethics

Q: I represent a client in divorce litigation. My client found and forwarded to me emails between estranged spouse and their counsel on an iPad that travels with the children between both parents' houses. Do I have a duty to notify opposing counsel of these emails forwarded to me by my client?

A: Yes. See ER 4.4(b) for further details.


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The Bearded Witness
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member news

State Bar Board of Governors Elects Geoffrey Trachtenberg as New President: The State Bar of Arizona has announced the election of Geoffrey Trachtenberg as president of its Board of Governors. Geoffrey Trachtenberg will replace outgoing President Bryan Chambers who was appointed to serve as a Gila County Superior Court Judge by Governor Doug Ducey. More.

In the news

School Resource Officer Sued for Allegedly Handcuffing Children with ADHD: A Kentucky sheriff's deputy now faces a federal lawsuit for handcuffing elementary school children who were acting out as a result of their hyperactivity disorder and other disabilities, the American Civil Liberties Union said. More.

Texas Attorney General Turns Himself in on Fraud Charges: Facing securities fraud charges, Texas Attorney General Ken Paxton turned himself in at a jail in Collin County, Texas, on Monday morning. A grand jury recently indicted Paxton on three felony charges that accuse him of misleading investors into a technology company. 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 Sept. 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.

Judicial Nominees for Maricopa County Superior Court Announced: The Maricopa County Commission on Trial Court Appointments has recommended 20 candidates to Governor Doug Ducey for six openings on the Maricopa County Superior Court. Click here to view nominees.

Public Asked for Input on Candidates for Arizona Court of Appeals: The Commission on Appellate Court Appointments is asking for public comment on seven candidates for an opening on Division Two of the Arizona Court of Appeals. The vacancy results from the retirement of Judge Virginia Kelly. More.

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.

Share Your Opinion on Insurance Bad Faith Instructions by Sept. 30: Members are being asked to share their comments on Proposed Revisions to Insurance Bad Faith Instructions. View the revised instructions here. Comments should be sent to ilona.kukan@staff.azbar.org by the Sept. 30 deadline.

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.

Do You Know an Exemplary In-house Attorney? We invite you to submit your nomination of an outstanding in-house attorney for the 2015 Association of Corporate Counsel Awards. Please click here to submit your nomination. The Arizona Chapter of the Association of Corporate Counsel is recognizing the vital role in-house counsel play in the success of a business, and acknowledging the accomplishments of leading in-house attorneys with the Arizona Corporate Counsel Awards. The State Bar of Arizona is proud to be a presenting partner for the program.

Law Practice Tip from Ahern Insurance Brokerage: How to Avoid Liability for Cases Taken by Attorney Departing from Your Firm. Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance.

Special OfficeMax Savings through September: The OfficeMax� Partner Advantage Program offers State Bar of Arizona members reduced pricing on more than 25,000 products and 4,000 environmentally preferable products and services. Go to officemaxworkplace.com (Username: 244642reguser485, Password: QLQIHb) or place a phone order at 800.248.6343.

No Annual Fee! 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.

Discounts on Rental Cars, Hotels, Insurance 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

July 28, 2015 - 1 CA-CV 14-0199 - Susan B. and John F. Sullivan
Whether a subsequent (i.e., non-original) homeowner may maintain a negligence suit against a homebuilder for economic losses arising from latent construction defects unaccompanied by physical injury to persons or other property when the alleged duty is premised on a municipal building code and statutes/regulations governing residential contractors. Read Opinion.

July 20, 2015 - 2 CA-CR 2014-0181 - State of Arizona v. Ronald J. Sisco, II
Following the enactment of the Arizona Medical Marijuana Act (AMMA), A.R.S. �� 36-2801 through 36-2819, does the scent of marijuana plants, in the absence of any other circumstantial or direct evidence of unlawful possession, supply probable cause for a search warrant? And if not, did the trial court err in denying appellant's motion to suppress? Read Opinion.


9th Circuit Court of Appeals

July 30, 2015 - 14-35393 - Microsoft Corp. v. Motorola, Inc.
In a patent licensing dispute brought by plaintiff Microsoft, a third-party beneficiary to defendant Motorola's reasonable and non-discriminatory (RAND) commitments, alleging Motorola breached its obligation to offer RAND licenses to certain of its patents in good faith. the district court's judgment in favor of plaintiff is affirmed where: 1) this court had jurisdiction and exercise of jurisdiction over the case in the prior interlocutory appeal, and the Federal Circuit's decision to transfer the instant appeal to this court because this court had jurisdiction, were both law of the case; 2) defendant's two merits challenges to the RAND bench trial are rejected; and 3) the record provided a substantial basis on which the jury could have based a verdict favoring plaintiff. Read Opinion.

July 30. 2015 - 13-15604 - Gregory Bos v. Board of Trustees
In a Chapter 7 bankruptcy, the district court's judgment affirming the bankruptcy court's decision is reversed where a debt was not nondischargeable as a debt incurred due to the Chapter 7 debtor's fraud or defalcation while acting in a fiduciary capacity, because the debtor was not a "fiduciary" under 11 U.S.C. section 523(a)(4) when he failed to make contractually required contributions to an employee benefits trust governed by ERISA. Read Opinion.



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