Volume 14, No. 18 | September 1, 2015

eye on ethics

Q: I terminated my associate's employment with this firm. May I assume my former associate�s case and continue the representation without notifying the client about this former associate's departure from this firm?

A: It depends on whether the former associate had a significant role in the representation. If so, there is a duty to notify the client about the former associate's departure so that the client can choose which lawyer will continue the representation. See Ethics Op. See Ethics Op. 10-02.


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member news

Chambers Sworn in as Division I Superior Court Judge: The Honorable Bryan B. Chambers was sworn in as Division I Superior Court Judge at the Gila County Courthouse in Globe. Chambers resigned his post as president of the State Bar of Arizona, which was assumed by Geoffrey Trachtenberg. More.

State Bar Awards Judicial Excellence Award to Supreme Court's Presiding Disciplinary Judge: The Arizona Supreme Court Presiding Disciplinary Judge, William J. O'Neil of Casa Grande, earned the Justice Michael D. Ryan Award for Judicial Excellence, presented by the State Bar of Arizona's Public Lawyers Section in recognition of his dedication and commitment to improving Arizona's justice system. More.

In the news

Lawyers Acquitted of Coaching Witnesses to Lie; Case a 'Scary Attack' on Defense Bar, Counsel Says: A little over a year after the feds raided the law office of two Chicago defense attorneys, then charged them with perjury for allegedly coaching witnesses to lie, both have been acquitted by a federal judge at a bench trial. More.

Defiant County Clerk Refuses to Issue Marriage Licenses Despite SCOTUS Action: A county clerk in Kentucky who objects to gay marriage on religious grounds is continuing to refuse to issue marriage licenses, despite Supreme Court action on Monday. More.

Former Television Judge Joe Brown Released After Serving Five-Day Jail Stint: Former television judge Joe Brown was released from jail after spending five days behind bars. More.

from the bar

State Bar Offices Closed for Holiday: The State Bar of Arizona will close at 3 p.m. on Friday, Sept. 4 and will reopen on Tuesday, Sept. 7 for the 2015 Labor Day Holiday.

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.

Nominees for Division Two of the Arizona Court of Appeals Announced: The Commission on Appellate Court Appointments has recommended five nominees to Governor Doug Ducey for an opening on Division Two of the Arizona Court of Appeals. The opening was created by the retirement of Judge Virginia Kelly. More.

Attorney Devin Andrich Disbarred for Negligence and Defrauding Clients: On Sept. 24, 2014, a Supreme Court Hearing Panel rendered its decision to disbar Devin Andrich from the practice of law, which was then challenged with an appeal. Because he failed to file an opening brief, the Arizona Supreme Court dismissed his appeal on April 23, 2015, and the Presiding Disciplinary Judge issued his final judgement and order of disbarment on May 21, 2015. More.

Final Report Heralds Possible Changes to State Bar Governance: The Task Force on the Review of the Role and Governance Structure of the State Bar of Arizona has posted a final 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. Read the report here.

Help a Veteran at Glendale Stand Up Event: The State Bar of Arizona is seeking volunteer attorneys to offer free legal advice to veterans at the Glendale Stand Up event on Sept. 26. We are seeking volunteers who can offer free legal advice in the following areas: family law, bankruptcy law, landlord/tenant issues, and wills and trusts. If you would like more information, or to volunteer, please contact Alberto Rodriguez at alberto.rodriguez@staff.azbar.org by Wednesday, Sept. 9.

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.

Arizona Black Bar to Host 2015 Hayzel B. Daniels Scholarship Awards Dinner in October: Join the Arizona Black Bar as it hosts the 2015 Hayzel B. Daniels Scholarship Awards Dinner on Thursday, Oct. 22. This year, the Arizona Black Bar features keynote address by Rose McKinney-James, one of the nation's foremost experts on solar energy. 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, Jan. 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.

Practice Tip From Citrix ShareFile: Attorneys can share files and data securely. Click here for information provided by Citrix ShareFile, a State Bar Member Discount Provider offering secure file sharing.

10% Lifetime Discount on Clio: State Bar members receive a 10% discount on Clio, a practice management software specifically designed for small to medium-sized firms. Use promo code AZBAR and click here. You can attend Clio training webinars at no charge; click here for a schedule.

Save Up to 25% on Standard Credit Card Processing Fees: If you accept credit cards from clients, save with credit card processing service LawPay. LawPay meets the requirements for trust account guidelines and is exclusively for attorneys. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Discounts on Rental Cars, Hotels, Payroll Processing and More: Click here for the complete list of special offers for State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

August 18, 2015 - 1 CA-SA 15-0167 - Robert Hoag et al. v. Hon. Colleen L. French and Wells Fargo Bank, N.A.
Whether Arizona obtained personal jurisdiction over a non-resident successor trustee pursuant to A.R.S. � 14-10202, where at the time the trustee accepted its appointment as successor trustee, the principal place of administration was in Arizona, but at the time the lawsuit was filed against the trustee the principal place of administration had been moved to another jurisdiction. Read Opinion.

August 28, 2015 - 2 CA-CV 2014-0157 - State of Arizona v. International Fidelity Insurance and Regulator Bail Bonds
1) Where a defendant released on a $100,000 appearance bond absconded, did the trial court abuse its discretion by exonerating only a small portion of the bond based on the out-of-pocket expenses of the surety's fugitive-recovery agent and apparently without considering the agent�s and indemnitors' substantial efforts to locate the defendant? 2) Under its discretion to forfeit all or part of the appearance bond, did the trial court err by considering evidence of the state's costs of incarcerating the defendant after his capture where the state would have borne those costs had the defendant not absconded? Read Opinion.


9th Circuit Court of Appeals

August 31, 2015 - 13-15844 - Daniel Bill v. Warren Brewer
In an action brought by three Phoenix police officers who alleged that two other officers violated the Fourth and Fourteenth Amendments when, pursuant to a state court order, they obtained DNA samples from the plaintiffs to exclude them as contributors of DNA at a crime scene, the district court's dismissal of the case is affirmed where: 1) the superior court orders authorizing the collection of plaintiffs' DNA satisfied the Warrant Clause of the Fourth Amendment; and 2) it was not unreasonable, under the circumstances, to ask sworn officers to provide saliva samples for the sole purpose of demonstrating that the DNA left at a crime scene was not the result of inadvertent contamination by on-duty public safety personnel. Read Opinion.

August 31, 2015 - 14-10283 - United States v. Andrew Katakis
District court's order granting defendant a judgment of acquittal after a jury convicted him of obstruction of justice in violation of 18 U.S.C. section 1519, is affirmed where: 1) the evidence was insufficient to show that defendant actually deleted electronic records or files; and 2) proving that defendant moved emails from an email client's inbox to the deleted items folder does not demonstrate defendant actually concealed those emails within the meaning of section 1519. Read Opinion.



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