Volume 15, No. 8 | April 12, 2016

eye on ethics

Q: I am "of counsel" to a Phoenix law firm. Am I a member of this firm for purposes of fee splitting and conflicts of interest?

A: Yes, if you have a close, personal, continuous, and regular relationship with the law firm. If so, then the fee splitting provisions of ER 1.5(e) do not apply, and your conflicts of interest will be imputed to the firm under ER 1.10. If you do not have a close, personal, continuous, and regular relationship, then you are not considered part of the same firm, regardless of your title. See Ariz. Ethics Op. 16-01 for more information.


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member news

Arizona Attorney Dianne Post Featured in New York Times Story: Arizona attorney Dianne Post was featured in the New York Times' story Roma Poisoned at U.N. Camps in Kosovo May Get Apology and Compensation. Post represents a community of Gypsies known as Roma who were forced to live for more than a decade in squalid United Nations camps built on toxic wasteland that leached lead and poisoned their children. Read the story here.

In the news

New York Lawmakers Mull 'Textalyzer' Bill That Would Let Cops Test Cellphones to ID Distracted Drivers: Some say distracted driving by those who are texting behind the wheel is every bit as dangerous as drunken driving. Enter the "textalyzer." This piece of technology�which is still under development�would be to the distracted driver what the breathalyzer is to those who have had a few too many�a device used by police to determine whether there is cause to proceed with a criminal case. More.

Kentucky's Attorney General Sues Governor Over Higher-Education Cuts: It's not every day that a state's top prosecutor takes legal action against the state's governor, which makes what's happening in Kentucky so interesting. Kentucky Attorney General Andy Beshear (D) has filed a lawsuit to stop Gov. Matt Bevin (R) from slashing the budgets of the state's public colleges and universities. Beshear says the governor violated state laws governing budget reductions when he imposed a $41 million, or 4.5 percent, spending cut in the last three months of the fiscal year. More.

Are the Feds Going to Legalize Marijuana? The Legalize It crowd got a bit of a boost last week, as news outlets published a letter from the Drug Enforcement Administration to Sen. Elizabeth Warren. In it, the DEA said it will review marijuana's status as a Schedule 1 banned substance, sometime before the middle of this year. More.

from the bar

Meet the Board of Governors Candidates: Online elections will be conducted May 4 to May 18 in five Board Districts. Eight candidates are running for seven seats (none in Maricopa County). Meet the candidates and read their bios here.

Make a Difference by Volunteering for Law Day 2016! The State Bar of Arizona will host its fifth annual legal aid clinic event in Phoenix on Saturday, April 30 in celebration of Law Day. The 2016 Law Day Legal Aid Clinics are part of an annual program that connects the legal community with consumers in Phoenix to provide FREE civil legal help. We are seeking 22 volunteer lawyers to provide legal help in the following practice areas: bankruptcy and foreclosure, divorce and child support, wills and trusts, and immigration. Email Alberto Rodriguez at alberto.rodriguez@staff.azbar.org by Thursday, April 14 to volunteer.

It's the 50th Anniversary of Miranda v Arizona�How Does This Affect You? The State Bar of Arizona and the Arizona Bar Foundation are partnering to have volunteer attorneys share information about Miranda v. Arizona with local students. If you are interested in presenting to a middle or high school classroom during the week of May 2 through 6, please sign up here. Information about lesson plans and resources are available online. Email Pat Giallanza for more information.

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.

Volunteers Sought for Two Professional Boards: Apply by April 22, 2016 to serve on the Client Protection Fund's Board of Trustees or on Community Legal Services' Board of Directors. For candidate criteria and an application click here.

Represent the State Bar in the ABA House of Delegates: Five Delegates represent the State Bar of Arizona at the Midyear and Annual Meetings of the ABA House of Delegates. The Board of Governors will appoint two Delegates to serve two-year terms commencing September 2016. For candidate criteria and an application click here.

Public Invited to Comment on Pinal County Superior Court Applicants: The public is invited to comment on eight applicants for a vacancy on the Superior Court in Pinal County created by the retirement of Judge Gilberto Figueroa. View the eight applicants here.

Public Comment Sought on Pima County Superior Court Applicants: The public is invited to comment on 13 applicants for a vacancy on the Superior Court in Pima County created by the retirement of Judge Stephen Villarreal. View the applicants here.

Developing Lawyers as Leaders�Bar Leadership Institute Is Now Accepting Applications: The BLI is designed to equip Arizona lawyers with the knowledge, skills and connections necessary to serve as leaders in their profession and local communities. Application deadline is June 17 , 2016 for the 2016-17 class. For more information about the program or to apply, 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 iclusion in a future issue of eLegal under Member News.

Practice Tip: Are You Struggling With Legal Research? Join Clio's Lawyer in Residence, Joshua Lenon, in a free webinar Tuesday, April 19 at 11 a.m., as he shows you how to take your legal research to the next level. Click here to save your spot at this free webinar offered by Clio, a State Bar Member Discount Provider.

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.

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.

Discounts on Hotels, Rental Cars and More: Click here for the complete list of companies offering State Bar Member Discounts.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 31, 2016 - 1 CA-CV 14-0721 - Mary Wade v. Arizona State Retirement System
Are employer contributions to a deferred compensation plan "compensation" for purposes of determining the required contributions to the Arizona State Retirement system? Read Opinion.

March 23, 2016 - 2 CA-CR 2015-0222 - State of Arizona v. Arthur C. Wright
Did the trial court abuse its discretion by admitting in evidence, as a present sense impression, a redacted audio recording made by police officers during the undercover operation leading to the defendant's arrest? Read Opinion.

9th Circuit Court of Appeals

April 7, 2016 - 13-16279 - Neil O'Brien v. John Welty
In a civil rights action, brought by a California State University student claiming the university's disciplining of him violated his First Amendment rights, the district court's dismissal for failure to state a claim is reversed in part and affirmed in part where: 1) California Code of Regulations, tit. 5, section 41301(b)(7) is not unconstitutionally overbroad or vague and supported discipline for plaintiff's conduct; 2) plaintiff has alleged sufficient facts to state a plausible First Amendment retaliation claim; and 3) the district court erred by finding defendants were protected by qualified immunity. Read Opinion.

April 7, 2016 - 08-99029 - Michael Gallegos v. Charles L. Ryan
In a habeas corpus petition, challenging petitioner's conviction and death sentence for anally raping and killing an eight-year-old girl, the district court's denial of the petition for relief is affirmed where petitioner's trial attorney did not render ineffective assistance of counsel in either the guilt phase or penalty phase of petitioner's trial. Read Opinion.



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