Volume 15, No. 5 | March 1, 2016

eye on ethics

Q: Am I required to have a succession plan?

A: Yes, you are now. Effective January 1, 2016, Rule 41, Ariz. R. Sup. Ct., requires lawyers to plan for their termination of or inability to continue a law practice, either temporarily or permanently.


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Credit Crisis
Here is how to bring a claim when a wrongful credit report harms your client�or you.

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member news

Arizona Supreme Court Staff Attorney Earns 2015 Citizen of the Year Award: Patience Huntwork, Staff Attorney for the Arizona Supreme Court was honored by the Horace Rumpole Inn of Court with their 2015 Citizen of the Year Award, recognizing her efforts to help establish the Maricopa County Regional Homeless Court, as well as her many other community activities. More.

In the news

Personal Injury Lawyers Turn to Neuroscience to Back Claims of Chronic Pain: On a blistering summer afternoon in Tucson, Arizona, nearly 11 years ago, a truck driver named Carl Koch stood near the back of his tanker as it was being filled with molten tar at an asphalt plant. Suddenly a hose connection broke loose, spraying him with hot, gooey liquid. He sued his employer, Western Emulsions, for damages, claiming that the nerves beneath his right arm never fully healed, and that he suffered from chronic neuropathic pain. The company's attorney alleged that Koch was faking. More.

Does SCOTUS Have a Plan to Avoid 4-4 Rulings? The U.S. Supreme Court granted no new cert petitions Monday, which according to Bloomberg News could be a way to deal with what could be a long vacancy following the February death of Justice Antonin Scalia. Bloomberg News notes that if a U.S. Supreme Court opinion has a 4-4 vote, the lower court's ruling is upheld. More.

Identity Theft Protection You Didn't Even Know You Needed: Here's the scenario: You're working with a lawyer. It doesn't matter what kind of case. You've given this person a lot of personal information. But then, your lawyer dies or is suspended. What happens to all of your files? The Arizona State Bar steps in to protect you. 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.

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.

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 criteria and form can be found here or by contacting Nina Benham at 602.340.7329 or by email at nina.benham@staff.azbar.org.

Become Involved in the Merit Selection Process in Pima and Pinal Counties: The application deadline has been extended to Friday, March 18 to serve on the Pima or Pinal County Commission on Trial Court Appointments. Applicants must reside in the county of which they are applying. For other candidate criteria and an application form click here.

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.

Members Encouraged to Apply for One of Three Judicial Volunteer Opportunities: Applications are being accepted through March 23 for vacancies on the City of Avondale and Mesa Judicial Advisory Board's and City of Peoria Judicial Selection Advisory Board. Click here for more information.

Commission Invites Public to Comment on Performance of Justices and Judges on 2016 General Election Ballot: The Arizona Commission on Judicial Performance Review will hold public hearings to take comments from the public about the judges on the 2016 retention election ballot. For more information on dates, locations, and times of the public hearings, click here.

Help Consumers by Writing Law-Related Tips! The State Bar of Arizona seeks attorneys in all practice areas to offer consumer tips via its social media platforms. We'll be sharing tidbits of information to help consumers begin addressing their legal issues associated with family law, landlord/tenant, estate planning, personal injury, immigration, and DUI among others. If you're interested, email Alberto Rodriguez for more information.

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.

Do You Hire Experts? The annual Arizona Attorney magazine Expert Witness Guide is now available, featuring nearly 100 industry, technical and professional experts in 150 categories. You should have received it in the mail with the March 2016 issue of Arizona Attorney magazine. View it online at www.azbar.org/AZAttorney. You can also search for experts by name or keyword at the State Bar of Arizona's 'Find an Expert' online Directory, at www.azbar.org/membertools/findanexpert.

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.

Volunteer Writing Opportunity: Law in Everyday Life! The Arizona Bar Foundation has created a new tool that makes it easy for lawyers to become guest writers for one of their four legal websites: Lawforkids.org, LawforSeniors.org., LawforVeterans.org and AzLawHelp.org. Over 67,000 unique individuals view their websites ever month. Interested? Go to probono.azbf.org and click on guest writer. Looking for other pro bono opportunities? Check out the rest of the site to see what is available. If you have any questions, please contact Kim Bernhart at Kim.bernhart@azflse.org.

A Lean Legal Guide - Techniques for the Agile Lawyer: A growing number of attorneys are turning to a set of project management and process improvement techniques commonly known as "Agile." This guide is a brief primer on Agile and three specific Agile techniques to begin improving your practice immediately. Read more about it here from State Bar Member Discount Provider Clio.

Need a Receptionist, But Don't Have the Budget to Hire One? 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.

Are You Insured for That? Find State Bar member discounts on several types of insurance, including liability, long term care, disability, auto, and business. Click here for the full list.

Save on Rental Cars, Legal Software 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 4, 2016 - 1 CA-CV 15-0170-FC - Kamen R. Murray v. Sean Murray
1. Whether A.R.S. � 25-411(A) (2016), which in the usual case prevents a parent from asking to modify parenting time or legal decision-making within a year of a prior change in parenting time or legal decision-making, applies to a petition to relocate the child. 2. Whether Arizona Rule of Evidence 408 bars evidence of settlement negotiations offered to prove a settlement. 3. Whether the superior court may make a contested best-interests finding based solely on argument of counsel, without allowing evidence on the matter. Read Opinion.

January 26, 2016 - 2 CA-CV 2015-0046 - Aristeo Escareno v. Kindred Nursing Center West
Did the trial court err by compelling arbitration of the decedent's claim, brought under the Adult Protective Services Act against an assisted living facility, when decedent's adult son had signed an arbitration agreement during her admission, and the son had a history of signing for decedent who was incompetent while overseeing her financial and medical responsibilities? Read Opinion.

9th Circuit Court of Appeals

February 26, 2016 - 13-57182 - Ministry of Defense v. Renay Frym
In an international action involving ten American citizens attempting to collect on valid judgments held against Iran for injuries arising out of state-sponsored terrorism, the district court's grant of lien claimants' motion to attach is affirmed where: 1) the Algiers Accord between the U.S. and Iran does not prevent attachment of the underlying $9.4 million arbitration award at issue here; and 2) the award is a blocked asset under Executive Order 133359 and subject to attachment under the Terrorism Risk Insurance Act. Read Opinion.

February 26, 2016 - 12-71773 - Shouchen Yang v. Loretta E. Lynch, Attorney General
In an immigration action, the petition for review is granted where the Board of Immigration Appeals (BIA) erred in denying petitioner's motion to reopen removal proceedings when it applied the 'false in one thing, false in everything' maxim to reject petitioner's new claim for asylum relief. The Court clarified that the BIA is not a finder of fact that can make the required credibility determinations involved in applying the maxim. Read Opinion.



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