Volume 15, No. 1 | January 5, 2016

eye on ethics

Q: I represent a client in pending litigation. I would like to hire an associate from opposing counsel's firm, who may have done some work for the opposing party in this case. Would hiring this associate during the pendency of the litigation disqualify my firm from continuing to represent our client in this matter?

A: No, if the associate did not have primary responsibility for opposing party's matter and can be effectively screened. See ER 1.10(d), amended effective January 1, 2016, removing the litigation exception from lateral screening.


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member news

Justice Timmer Earns Award From Arizona Association of Defense Counsel: Arizona Supreme Court Justice Ann A. Scott Timmer has been honored with the Judicial Excellence Award by the Arizona Association of Defense Counsel. The award honors those epitomizing the highest standards of judicial integrity and professionalism. More.

Scottsdale Attorney, Arts Activist Named 2016 Diversity Champions: A Scottsdale attorney dedicated to serving the gay and transgender community and an art activist have been named the 2016 Diversity Champions by the nonprofit group Community Celebrating Diversity. More.

In the news

The Truth About Lawyer Discipline: Bar President Geoffrey Trachtenberg debunks untruths and inconsistencies about our discipline process. More.

Regulators Hire Lawyer to Serve as 'Ethics Officer': The Arizona Corporation Commission announced the hiring of an attorney to serve as an "ethics officer," helping the embattled agency deal with conflicts of interest and other matters, such as complying with public records laws. More.

Chief Justice: Judges and Lawyers Should Heed Speedy Justice Idea in 'Big Deal' Civil Rule Changes: Changes in the Federal Rules of Civil Procedure highlight lawyers' affirmative duty to work together to achieve prompt and efficient resolutions of disputes, according to Chief Justice John G. Roberts Jr. More.

from the bar

File Your State Bar Annual Statement and Dues Online: Your 2016 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2016. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2016. More.

2016 Healthcare Open Enrollment Deadline is January 31: You can still enroll in a health plan through the State Bar Health Insurance Exchange. Avoid the healthcare confusion and find a policy that fits your needs by clicking here.

Become Involved in the Merit Selection Process: Apply by January 8 to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Supervisorial District 4 in Pinal County. For other candidate criteria and an application form click here.

Public Asked for Input on Candidates for Pima County Superior Court Vacancy: The Pima County Commission on Trial Court Appointments is asking for public input on nine candidates for a vacancy on the Pima County Superior Court created by the appointment of Judge Christopher Staring to Division II of the Arizona Court of Appeals. The candidate hearing will be held on January 13, 2016. More.

St. Thomas More Society of Phoenix Invites You to Attend the 46th Annual Red Mass: The event commemorates the start of the legislative session. Join in on Tuesday, January 26 at Saint Mary's Basilica, 231 N. 3rd St. in Phoenix. The Mass attends begins at 5:30 p.m. People of all faiths are invited to attend. More.

Register Now for ABA TECHSHOW 2016 Conference and EXPO: Where can you find the latest technology to help your growing law practice? Try the 30th Annual ABA TECHSHOW, being held at the Hilton Chicago from March 16-19. State Bar of Arizona members get a discount on registration by using the Event Promoter code EP1614. For more information and to register, click here. Early bird registration ends February 8.

Share Your Opinion on Proposed Revisions to the Criminal Jury Instructions: Members are being asked to share their comments on Proposed Revisions to Criminal Jury Instructions. View the revised instructions here. Comments should be sent to ilona.kukan@staff.azbar.org by the February 5 deadline.

Do You Have Good News? Share It with Us! Have you recently been recognized for contributions you make to the communities you serve? Did your firm raise money for charity over the holidays? Are you a leader who is being recognized for advancing the legal profession? If so, we want to hear about it! Email Alberto Rodriguez to be considered for inclusion in a future issue of eLegal under Member News.

Comment on 2015 Arizona Appellate Courts Case Processing Standards: The Arizona Appellate Courts seek your input in assessing whether the National Model Time Standards for State Appellate Courts should be adopted by Arizona. More.

Did You Know 1 in 3 Professionals will Become Disabled for Six Months or More in Their Career? Click here to learn how disability income insurance could provide you with a continuing income if sickness or injury should prevent you from working. Receive a permanent 10% discount from John Driscoll & Company, Inc., a State Bar Member Discount Provider.

Save at OfficeMax: As a State Bar Member, you can save 31% - 88% on office supplies, equipment and furniture. Members will also receive discounts on certain ImPress� print and document services. Call 800.248.6343 or email advantageprograms@officemax.com.

Need a Receptionist for a Fraction of the Cost? State Bar members receive a 10% discount with Ruby Receptionists, a live, custom virtual receptionist service. To learn more, go to www.callruby.com/azbar or call 866.611.7829.

More Ways to Save: Click here for the list of 27 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 24, 2015 - 1 CA-CV 14-0441 - Karl Hiatt v. Hetal Shah
1. Whether failure to timely submit a claim form bars the claim when the receiver had knowledge of the claim and the claim was a debt of the receiver. 2. Whether the trial court failed to take evidence to determine whether Appellees' tardiness in filing claim form constituted excusable neglect. 3. Whether the receiver properly considered the rights of the claimants as amongst themselves during the claims process. 4. Whether an action "arises out of contract" when Appellees' defense is premised on a receiver's certificate and the receiver's certificate is premised on a settlement agreement between the parties. Read Opinion.

August 13, 2015 - 2 CA-JV 2015-0053 - Melissa W. v. Arizona Department of Child Safety
Did the juvenile court err in drawing an adverse inference based on a parent's failure to testify in a contested severance hearing? Read Opinion.


9th Circuit Court of Appeals

December 30, 2015 - 12-17371 - Adobe Systems, Inc. v. Joshua Christenson
In a copyright action, the district court's grant of summary judgment to defendants is affirmed and the court held that a party raising a first sale defense to copyright infringement bears an initial burden with respect to the defense which, once met, shifts the burden back to the copyright owner to establish absence of a first sale. Read Opinion.

December 30, 2015 - 12-16952 - James L. Styers v. Charles L. Ryan
In a habeas corpus case, the district court's denial of petitioner's motion for an unconditional writ of habeas corpus is affirmed where the Arizona Supreme Court's determination that petitioner's capital sentence was final and refusal to remand his case for resentencing by a jury was not contrary to or involved an unreasonable application of federal law. Read Opinion.



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