Volume 15, No. 3 | February 2, 2016

eye on ethics

Q: I have been asked by an attorney from another firm, and by her client, to come onto a case as co-counsel. If I do, must I assume joint responsibility for the representation to be able to share one legal fee with my co-counsel?

A: Not necessarily. ER 1.5(e), amended January 1, 2016, now allows lawyers to share the fee if, among other requirements, the division is in proportion to the services performed by each lawyer or if each lawyer assumes joint responsibility.


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member news

Volunteer Attorneys Make Huge Impact at 2016 Arizona StandDown: On Thursday, January 28, Friday, January 29 and Saturday, January 30 the State Bar of Arizona and 40 of its members participated in the 2015 Arizona Veterans StandDown. The State Bar and volunteer attorneys joined several service providers at the three-day event that offered a variety of health and human services to more than 1,600 homeless and at-risk veterans in our state.

Nearly doubling last year's numbers, volunteer attorneys from across the valley conducted 298 one-on-one consultations for 258 veterans seeking legal advice. The State Bar of Arizona offers its sincerest appreciation to the volunteer attorneys who offered their time and expertise to Arizona's veteran community. They include Kai Amoo, Taylor Anderson, Charles Brown, Tabitha Cabrera, Ben Dodge, Zachary Dorn, Diane Drain, Genene Dyer, Rebecca Elliott, Rachel Frazier Johnson, Stuart Gavzy, Anna Marie Gulotta, Donna Heller, Ellen Lawson, Jessica Lysy, Jeff M. Manley, Andrew Morrison, Michelle Ogborne, Debra Palomino, Carol Park Aden, Chris J. Piekarski, Susan Pintel, Greg C. Poulos, Trail Potter, Mallory Powers, Bret Rasner, Steven Rensch, David L. Rose, Katy Sanchez, Matt D. Saxe, Mark C. Schmitt, Javier Sobampo, Bree Stamper-Gimbar, Debra Tanner, Nina Targovnik, Fred Welch, Debbie Weecks, and Keo'vonne Wilson.

Attorney Robert Crawford of Scottsdale Named VLP Attorney of the Month in January: The State Bar of Arizona congratulates attorney Robert Crawford for being named the Volunteer Lawyers Program Attorney of the Month. Thank you for your continued commitment in offering free legal assistance to those in need!

In the news

Justices Extend Bar on Automatic Life Terms for Teenagers: More than 1,000 prison inmates, some behind bars more than 50 years for murders they committed as teenagers, will get a chance to seek their freedom under a Supreme Court decision announced Monday. More.

Cop Says New Jersey Lawyer Undressed Her, Kissed Breast: An attorney with a long history of unethical behavior and botched cases has been accused of undressing and fondling an undercover female detective in his office. More.

from the bar

Did You Miss the February 1 Deadline to File Your State Bar Annual Statement and Dues? You can still file, but late filing fees are now in effect. Your 2016 statement is available 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. More. More.

You Still Have Time to Become Involved in the Merit Selection Process: The application deadline has been extended to Friday, February 12 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.

State Bar Warns About New Scam Directed at Attorneys and Their Clients: The State Bar of Arizona is warning its members about a new type of scam directed at both attorneys and their clients. This sophisticated scam exploits the attorney/client relationship and defrauds consumers of their money. More.

State Bar Seeks Public Board Member From Outlying Counties: The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers from outlying counties to fill one seat on its Board. The application deadline is Friday, March 18, 2016. Participation of public members is essential to the State Bar's mission of serving the public and its efforts of making sure the people of Arizona have a strong voice in the legal system. An application form must be submitted to the State Bar by Friday, March 18, 2016. The form can be found here or by contacting Nina Benham at 602.340.7329 or by email at nina.benham@staff.azbar.org.

Are You Interested in Joining a State Bar Committee? As of February 1, we are accepting applications for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona. Applications must be received no later than March 29, 2016. To learn more about the various committees and to fill out an application click here.

Public Asked for Input on Candidates For Superior Court Vacancy: The Maricopa County Commission on Trial Court Appointments is seeking public input on 11 candidates for an opening on the Maricopa County Superior Court. You may address the commission about any of the candidates on Wednesday, February 10 at 8:30 a.m. Written comments must be received by Monday, February 8. More.

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.

Share Your Good News 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.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the 2016 State Bar awards are now being accepted through March 18, 2016 at 5 p.m. 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.

Avoid Liability Arising From an "Apparent Partnership": Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

No Annual Fee! State Bar of Arizona MasterCard: Apply now and earn double reward points on purchases for the first 60 days. See full terms and conditions here.

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.

Discounts on Software, 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

February 2, 2016 - 1 CA-CV 14-0674 - Lisa Summers v. Brenda Gloor, et al.
1. Whether, under the circumstances, Gloor was barred from asserting a counterclaim for unjust enrichment as an alternative to her unsuccessful contract defenses of recoupment and offset. 2. Whether the trial court abused its discretion in determining Gloor was the prevailing party for purposes of awarding attorneys' fees under A.R.S. � 12-341.01(A), when the net award to Summers was less favorable than Gloor�s prior written settlement offer. Read Opinion.

January 7, 2016 - 2 CA-CV 2015-0018 - Beau Hodai v. City of Tucson and Tucson Police Department
1. Did the best interests of the City of Tucson outweigh the presumption that disclosure of public records is required where a public records request sought records related to cellular telephone tracking equipment utilized by the Tucson Police Department? 2. Did the trial court err by not ordering the city to furnish any and all records of communications . . . in the possession of any TPD personnel that pertain in any way to the Federal Bureau of Investigation, on the basis that the request was overbroad? 3. Did the city adequately search its records to respond to the public records request? 4. Did the city promptly respond to the public records request? Read Opinion.

9th Circuit Court of Appeals

January 29, 2016 - 14-2299 - United States ex rel. Steven May v. Purdue Pharma, L.P.
In a qui tam action brought under the False Claims Act (FCA), the district court's dismissal is affirmed where the FCA's public disclosure bar, 31 U.S.C. section 3730(e)(4)(2009), divested the district court of subject matter jurisdiction. Read Opinion.

January 29, 2016 - 14-55897 - Yun Hseng Liao v. Maurice Junious
In a habeas corpus action, the district court's denial of the petition is reversed where the failure of petitioner's trial counsel to secure medical evidence supporting his sleepwalking defense constituted ineffective assistance of counsel, was prejudicial to petitioner's case, and the state court's judgment to the contrary was an unreasonable determination of the facts and an objectively unreasonable application of federal constitutional law. Read Opinion.



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