Volume 15, No. 10 | May 24, 2016

eye on ethics

Q: I recently filed a complaint in a high-profile lawsuit. I would like to post a copy of the complaint on my firm's website. May I do so, given that the complaint is publicly available?

A: Yes, but only with your client's informed consent. ER 1.6(a) prohibits a lawyer from revealing information relating to the representation of a client. This is true even for information that may otherwise be available to the public.


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Serious Discipline
What we can learn from Plato, who urged a rather stern response to lawyer misconduct.

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member news

State Bar of Arizona Announces 2016 Award Winners: The State Bar of Arizona will recognize 13 individuals and one legal program for their contributions to the legal profession at the 2016 State Bar of Arizona Annual Convention at the Sheraton Grand at Wild Horse Pass in Chandler, June 15-17. See this year's winners here!

In the news

SCOTUS Rules for Black Man Who Claimed Prosecutors Eliminated Blacks From Jury on Basis of Race: The U.S. Supreme Court has ruled 7-1 on a behalf of a black man on death row who claimed Georgia prosecutors violated the Constitution by using their peremptory challenges to keep blacks off the jury. More.

'Super Lawyers' and 'Rising Stars' Are Warned About Accolade Advertising: Lawyer advertising that mentions awards such as "Super Lawyers," "Rising Stars" and "Best Lawyers" has spurred the filing of many complaints with a New Jersey committee that considers ethics of lawyer advertising. More.

from the bar

Board of Governors Election Results: The election of members in five Board Districts has been completed. They include Brian Y. Furuya, District 1; Hector M. Figueroa, District 3; Patrick K. Greene, District 4; Kenney F. Hegland, Dee-Dee Samet, and Jeffrey Willis, District 5; and Jim D. Smith, District 7. Learn more here.

Three Days to Apply to Represent the State Bar in the ABA House of Delegates: Apply by May 27 to be one of five Delegates who 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.

State Bar Annual Awards Are a Highlight of Convention! Check out this year's winners and honor your colleagues by attending one or both of the awards luncheons. To register for the luncheon, click here. To learn more about the awards, this year's winners, and when the awards will be presented, click here.

Apply Now for the Arizona College of Trial Advocacy: Want to get hands-on training to develop your trial skills? Taught by judges and experienced trial lawyers, the college offers 36 hours of CLE, one of which is ethics. The program is held in Phoenix and runs from August 2-6. More.

Help Your Fellow Attorneys Beat Substance Abuse: Do you know an attorney with substance abuse issues who is looking for support? There are people ready to help. Find a group on our member assistance page here or connect with a confidential Peer Support Volunteer 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.

Practice Tip: Make sure you and your client know and agree on scope of legal services. Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability 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.

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.

Special Discounts on Local 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

May 5, 2016 - 1 CA-CR 15-0181 - State of Arizona v. Anthony B. Primous
May an officer who properly conducts a Terry frisk of an individual automatically frisk the individual�s companions at the scene? Read Opinion.

April 27, 2016 - 2 CA-CR 2015-0036 - State of Arizona v. Angel P. Ruiz
Did law enforcement officers have reasonable suspicion to stop Ruiz after suspects in an armed robbery crashed a getaway vehicle and fled into the desert, and defendant�breathing heavily and looking disheveled�asked a truck driver at a nearby truck stop for a ride? Did the trial court violate Ruiz's rights against double jeopardy by stating it was "going to dismiss" two robbery charges, but then denying a motion for judgment of acquittal on those charges and proceeding with trial, when the minute entry stated the motion was granted and then later denied? Read Opinion.

9th Circuit Court of Appeals

May 20, 2016 - 13-56330 - Geoffrey Moyle v. Liberty Mutual Retirement Benefit Plan
In a class action under the Employee Retirement Income Security Act, alleging that plaintiffs' new employer, which purchased their former employer, told them that they would receive past service credit, under the new employer's retirement plan, for the time they worked with the former employer, the District Court's summary judgment in favor of the defendants is: 1) affirmed in part as to summary judgment on a claim for benefits under 29 U.S.C. section 1132(a)(1)(B), where the district court applied the correct abuse of discretion standard of review, and the plaintiffs were not entitled to past service credit under the plain terms of the retirement plan. ; and 2) reversed in part as to summary judgment on plaintiffs' claim for equitable relief under section 1132(a)(3), where the plaintiffs were not barred from bringing simultaneous claims under section 1132(a)(1)(B) and section 1132(a)(3). Read Opinion.

May 20, 2016 - 14-55224 - Chanda Smith v. Los Angeles Unified School District
In a class action brought on behalf of all disabled students in the Los Angeles Unified School District, the district court's denial of a sub-class of moderately to severely disabled children's motion to intervene is reversed where: 1) the district court abused its discretion in denying as untimely appellants' motion to intervene as of right under Fed. R. Civ. P. 24(a); and 2) the district court further erred when it found intervention unnecessary to protect appellants' interest in ensuring the receipt of public education consistent with their disabilities and federal law. Read Opinion.


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