Volume 14, No. 17 | August 18, 2015

eye on ethics

Q: My client wants me to speak with the media about his/her ongoing case. Can I speak with the media since the client consented?

A: Yes, and there is an expressed list of items in ER 3.6(b) that you are allowed to state to the media. If you discuss anything beyond this list, you must be reasonably sure that your statements are not likely to materially prejudice any adjudicative proceeding in the matter. See ER 3.6(a).


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member news

Volunteer Attorneys Offer Free Legal Advice on Family Law Issues in Spanish: Six attorneys came together on Monday, August 17 for Abogados a Su Lado, a public service campaign sponsored by the State Bar of Arizona and Univision Arizona. The phone bank was organized to help answer viewers' questions regarding their family law issues. The State Bar of Arizona is thankful to the volunteer attorneys who helped consumers across the Valley through this access to justice program. They include: W. James Fisher Lopez, William James Fisher Law Offices; Mark Hawkins, Hawkins & Hawkins; Carlos E. Noel, Arizona Attorney General's Office, Christina Ortecho, Law Office of Christina Ortecho; Daniel A. Rodriguez, Diaz Rodriguez & Associates; and Alejandra Valdez, Arizona Attorney General's Office.

In the news

Modesto Defense Attorney Wants to Continue Law Practice While Behind Bars: Modesto defense attorney Frank Carson remained in a jail cell Monday, and he and his co-defendants are expected to make their first court appearance Tuesday. They're accused in an alleged conspiracy surrounding the disappearance and death of Korey Kauffman. More.

Lawyer Goes on Trial for Allegedly Coaching Witnesses to Lie; Scripted Q-and-A Cited: In a trial that begins this week, prosecutors may rely on email, and scripted questions and answers in an effort to prove that a Chicago criminal defense lawyer coached witnesses to lie. More.

Connecticut's Highest Court Abolishes State's Death Row: Connecticut's highest court ordered the state's death row emptied out, ruling that a 2012 law abolishing capital punishment for any future crimes must be applied to the 11 men facing execution for offenses committed before it took effect. 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 Sept. 15, 2015. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

Draft Report Heralds Possible Changes to State Bar Governance, Comment Sought: The Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona has posted a draft report on its findings and recommendations. The Task Force, chaired by Justice Rebecca White Berch, met multiple times over the past 13 months to study the structure and function of the State Bar of Arizona, and to consider possible changes to the State Bar's mission and governance. More.

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. More.

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.

Governor Doug Ducey Makes Appointments to the Maricopa County Superior Court: Governor Doug Ducey has announced the appointments of Jeffrey Rueter, Stephen Hopkins and Ronee Korbin Steiner to the Maricopa County Superior Court. More.

Join the Bar Flys for a Full or Half Marathon and Get Half Off of the Registration Fee! Arizona's legal community is coming together for the seventh consecutive year to run in the P. F. Chang's Rock 'n' Roll Arizona Marathon and Half Marathon "Rock Corporate," to be held on Sunday, January 17, 2016. For more, click here.

Don't Miss the NABA-AZ Seven Generations Awards Dinner and Silent Auction: Join the Native American Bar Association of Arizona as they recognize deserving individuals at the seventh annual Seven Generations Awards Dinner and Silent Auction on Saturday, Sept. 26. For more information or to purchase your tickets, click here.

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.

Financial Tip from John Driscoll & Associates: Is your life insurance program designed to end on your terms? Click here for points to consider from John Driscoll & Associates, a State Bar Member Discount Provider offering disability income insurance.

Save on Secure File Sharing: Just announced! State Bar of Arizona members now receive a 10% discount for life with Citrix ShareFile, for fast, easy and secure file sharing on any device anywhere. For more information, or to request a free trial or demonstration, please click here.

If You Accept Credit Cards: State Bar members save up to 25% on standard credit card processing fees with LawPay. LawPay meets the requirements for trust account guidelines and is a service exclusively for attorneys. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Discounts on Hotels, Rental Cars, Practice Management Software and More: Click here for the complete list of special offers from 26 companies for State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

August 4, 2015 - 1 CA-CV 14-0437 - Angela Rodriguez v. Fox News Network
Whether the First Amendment protects a broadcaster that aired a high-speed police chase of a carjacking suspect, which ended abruptly in the suicide of the suspect, from a claim for intentional infliction of emotional distress brought by the children of the suspect. Read Opinion.

August 13, 2015 - 2 CA-CR 2014-0436 - State of Arizona v. Maverick Kemp Gray
Did the trial court abuse its discretion by denying the defendant's requested jury instruction on entrapment where the defendant did not testify or stipulate to the underlying elements of the claim, but rather argued his recorded statements that he did not "usually do this" during a drug transaction satisfied admission of the elements of the offense as required by the entrapment statute, A.R.S. � 13 206(A)? Read Opinion.


9th Circuit Court of Appeals

August 17, 2015 - 11-10623 - United States v. Alex J. Pedrin, Jr.
Conviction and sentence for conspiracy to possess with intent to distribute cocaine are affirmed where defendant's prosecution did not result from "outrageous government conduct." Read Opinion.

August 17, 2015 - Friedman, 13-15954 - Fidelity National Financial, Inc. v. Colin H. Friedman
In a case involving with the federal registration statute, 28 U.S.C. section 1963, which permits plaintiffs to take a judgment entered in one federal district court and register it in another, the district court's judgment is reversed where, in a question of first impression in this Circuit, a registered judgment is a judgment in an action for the recovery of money or property entered in any district court, and itself may be registered. Read Opinion.



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