Volume 14, No. 19 | September 15, 2015

eye on ethics

Q: My associate went to work for another firm. Am I required to give my former associate the contact information for clients whose matters he was handling so that he can notify them of his departure from this firm?

A: Yes, if the former associate had a significant role in the representation. The associate has an obligation to notify his clients about his departure from the firm. The firm may not take any action that impedes or prevents the departing lawyer's compliance with his ethical obligations. See ER 1.4 and Ethics Op. 10-02.


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member news

Governor Ducey Appoints Michael Peterson to the Graham County Superior Court: Governor Doug Ducey announced the appointment of Safford attorney Michael Peterson to serve the remainder of Judge R. Douglas Holt's term as a Graham County Superior Court Judge. More.

In the news

Lawyer Is Charged in Alleged Conspiracy to Defraud Law Firms Across the United States: A Texas lawyer has been indicted in alleged conspiracy targeting law firms, businesses and lonely singles. More.

RJ Reynolds Hit With $34.7M Verdict for Family of Air Force Sergeant Who Died of Cancer: A Florida jury has awarded $20 million in punitive damages and $14.7 million in compensatory damages to the family of Garry O'Hara, who died from cancer in 1996 at the age of 50. More.

Justice Delayed - Wheels of Stanislaus County Legal System Turn Slowly: Julie Sandoval-Preciado's son was gunned down between Modesto and Ceres when George W. Bush was president. The San Francisco Giants had not won a World Series in 53 years and the iPhone was on the verge of making its debut. More.

from the bar

File Your MCLE Affidavit Today, Sept. 15. It's the Deadline!: You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

New to the State Bar? Join us for a Welcome Orientation and FREE CLE on Wednesday, September 30 from 4 to 5:30 p.m. Topics include professionalism and what you need to do during your first year of admission. Register by email to Pat Giallanza.

Applications Being Accepted for a Vacancy on the Arizona Supreme Court: Applications are being accepted for a vacancy on the Arizona Supreme Court, created by the retirement of Justice Rebecca White Berch. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees to Governor Doug Ducey. Applications must be submitted by October 1, 2015. More.

Applications Being Accepted for a Vacancy on the Pima County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pima County created by the retirement of Judge Karen Adam. Applications must be submitted by September 30, 2015. More.

State Bar's Leadership Institute Selects 2015-16 Participants: Seventeen attorneys from across the state have been selected to participate in the State Bar of Arizona's 2015-16 Bar Leadership Institute (BLI). View the complete roster here. To learn about the BLI click here.

Apply by October 2 for CLE Institute: The CLE Institute is a professional development program for CLE presenters who want to expand their proficiency in communicating.  Our faculty of experienced speakers will teach advanced techniques in PowerPoint, explain Prezi and how to engage your audience through polling technology such as Poll Everywhere.  You�ll also learn tips that seasoned public speakers use, how adults learn and how to select and moderate powerful panels.  Applicants will be notified of their selection status by October 12.  For more information and to apply, click here

Interested in Public Speaking and Community Outreach? New Adventures in Learning, a lifelong learning arm of Chandler-Gilbert Community College, is looking for attorneys to speak to retired lifelong learners during its spring semester. Topics include the judicial system, estate planning concerns, environmental law, education law, and elder law. Presenters choose the length of the session, number of sessions, date, time, etc. For an application, contact Jan Bobbett, Curriculum Chair, at 480.895.9833 or classes@newadventures.info by October 7. Applications must be submitted by October 14, 2015.

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.

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.

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.

Law Practice Tip From Ahern Insurance Brokerage - Be Cautious When Using Open-ended Engagements Letters: Click here for information provided by Ahern, a State Bar Member Discount Provider offering professional liability insurance. 

Save Money on Insurance: Did you know that the State Bar offers exclusive member discounts on many types of insurance, including professional liability, auto, business, long-term care, and disability? Click here for more information.

Ship and Save with UPS: Save up to 34% with the UPS� Savings Program for State Bar members, even if you already have a UPS account. Plus, get 50% off select services for up to four weeks after you enroll. Click here for details. To enroll and start saving, visit savewithups.com/azbar or call 1-800-MEMBERS (1.800.636.2377), M-F, 8 a.m. � 6 p.m. EST.

Discounts on Credit Card Processing, Cell Phone Service, Hotels, 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

September 1, 2015 - 1 CA-CR 14-0115 - State of Arizona v. Christian Adair
Whether a warrantless search and resulting seizure of contraband by a probation officer of a probationer's residence pursuant to probation conditions must be supported by reasonable suspicion under the Fourth Amendment. 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

September 11, 2015 - 13-55509 - In Re: Landmark Fence Co.
In an underlying bankruptcy case, the district court's order vacating the bankruptcy court's judgment finding the debtor had committed violations of California wage and hour laws and awarding damages to a plaintiff class, the appeal and cross-appeal are dismissed for lack of jurisdiction where the district court's order vacating and remanding for further proceedings was not a final order. Read Opinion.

September 11, 2015 - 12-17675 - Resilient Floor Covering Pension Trust Fund Bd. of Trustees v. Michael's Floor Covering, Inc.
In an ERISA case, the district court's judgment, after a bench trial, holding that a construction industry employer was not subject to "withdrawal liability" under the Multiemployer Pension Plan Amendment Act (MPPAA), is reversed where: 1) a bona fide successor employer in general and a construction industry successor employer in particular, can be subject to MPPAA withdrawal liability, so long as the successor took over the business with notice of the liability; and 2) the most important factor in assessing whether an employer is a successor for purposes of imposing MPPAA withdrawal liability is whether there is substantial continuity in the business operations between the predecessor and the successor, as determined in large part by whether the new employer has taken over the economically critical bulk of the prior employer's customer base. Read Opinion.



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