Volume 14, No. 20 | September 29, 2015

eye on ethics

Q: My client gave me a gun for safekeeping. I now believe this gun has possible evidentiary value in her pending criminal case. What should I do with it?

A: In the future, you may consider avoiding taking possession of property with possible evidentiary value. Now that you possess it, ER3.4(a) most likely requires you to turn it over to the authorities. This may also create a conflict of interest between you and your client. See ER 3.4


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member news

Attorneys Helped Veterans at Glendale Stand Up for Veterans: Eleven members of the State Bar participated in a free civil legal clinic for veterans on Saturday, September 26. Tracy Essig and Trail Potter counseled vets on bankruptcy issues; Larry Haddy, Rebecca Elliott, Tabitha Cabrera, and Taylor Anderson on family law; Michael R. Fletcher and Nature M. Lewis on landlord/tenant issues; and Lorraine Morey, Christine M. Willis, and Gregory Poulos on wills and trusts. Nicole Fries and Aften Anaya from the ASU Work-Life Law and Policy Clinic assisted with greeting the veterans and answering questions about other community resources available. The State Bar thanks them for participating in this valuable access to justice event. 

In the news

Which States Had the Greatest Spikes in Lawyer Population:  Is Texas' 28 percent growth in lawyer population over the last decade all that unusual? ABA figures show the state's growth in lawyer population is outpaced by 10 other states. More.

How DNA Solved a 36-Year-Old Mystery, and Created Yet Another: In October 2011, a doctor from the north side of Chicago heard news that authorities were trying to identify the last of the unnamed victims of 1970s serial killer John Wayne Gacy. She immediately thought of her half-brother. More.

Pennsylvania's Top Lawyer Can't Practice Law: What happens when a state's top lawyer is barred by the state's top court from actually practicing law? Pennsylvanians will soon find out. More.

from the bar

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

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.

Volunteers Sought for "Kids to Court": Judge Murguia is hosting the 11th annual "Kids to Court" event in conjunction with ASU Sandra Day O'Connor Law School on Friday, November 6, 2015 from 8:30 to 11:30 a.m. This is a multi-partnership program designed to introduce seven and eight graders to the judicial system and create a context for a professional career in law. We are seeking attorney volunteers to offer their time that morning to sit beside a "student attorney" or "student judge" and help them with their role during the mock trial. If you are interested in volunteering, please email Mary Benchimol at Mary_Benchimol@azd.uscourts.gov no later than Friday, October 2, 2015. There will be a volunteer luncheon on Tuesday, October 27, 2015 from noon to 1:00 p.m. and we ask that you RSVP by Friday, October 9, 2015.

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.

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.

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 September 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.

Financial Tip From John Driscoll & Associates - Pass on Ethical Values as Well as Your Wealth to the Next Generation: Click here for points to consider from John Driscoll & Associates, a State Bar Member Discount Provider offering disability income insurance.  

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.

Discount on Clio: For a 10% lifetime discount on Clio, the practice management software specifically designed for small to medium-sized firms, use promo code AZ-BAR and click here. State Bar members may attend Clio's online training webinars at no charge; click here for upcoming webinars.

Discounts on Rental Cars, 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 23, 2015 - 14-50027 - US v. Flores
Conviction for importing marijuana, in violation of 21 U.S.C. sections 952 and 960, is affirmed where the prosecutor's misstatement of the law and improper misstatement of defendant's testimony did not substantially prejudice defendant under the plain error standard of review. Read Opinion.

September 23, 2015 - 13-55484 - DC Comics v. Towle
In a copyright and trademark infringent action alleging defendant's Batmobile replicas infringed on plaintiff DC Comics' property rights, the district court's order granting partial summary judgment to plaintiff is affirmed where: 1) the Batmobile is a copyrightable character; 2) plaintiff owned the rights to the Batmobile; and 3) defendant infringed on plaintiff's property rights by producing unauthorized derivative works of the Batmobile. Read Opinion.



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