Volume 15, No. 11 | June 7, 2016

eye on ethics

Q: My client owns a technology startup, and he wants to pay me in equity instead of cash. May I accept equity in the startup as my legal fee?

A: Yes, as long as the overall fee is reasonable, and you follow the requirements of ER 1.8(a) regarding business transactions with clients.


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What Happened to Miranda?
What is the legacy of the landmark policing case that started in Arizona?

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member news

13 Volunteer Attorneys Help Nearly One Thousand Students Learn About Miranda: In celebration of Law Day, the State Bar of Arizona partnered with the Arizona Bar Foundation to educate middle and high school students on the landmark case, Miranda v. Arizona. The program supported the American Bar Association's Law Day theme � Miranda More Than Words. During the first week of May, 13 volunteer attorneys educated 982 students in Tucson, Surprise, Kingman, Prescott Valley, Williams, Phoenix, and Mesa. Many of the volunteers handled several classes. They discussed the history of Miranda, what protection against self-incrimination means, and who is entitled to an attorney and why. Volunteer attorneys were: Carla J. Bastien, Law Office of Carla J. Bastien; Peter Collins Jr., Gust Rosenfeld PLC; Sandra LJ Diehl, Coconino County Public Defender; Dan R. Dodds, The Dodds Law Firm PLC; Dale R. Gwilliam, Law Office of Dale R. Gwilliam; Shawn B. Hamp, The Law Office of Shawn B. Hamp; Jared G. Keenan, Yavapai County Public Defender; Michael Kielsky, Udall Shumway PLC; Niccole L. King, Salt River Pima Maricopa Indian Community; Carlene H. Lacy, Lacy Law PLLC; Brian C. Petersen, Edwards & Petersen PLC; Mark A. Sippel, Sippel Law Firm PLLC; and Laurel Workman.

In the news

Trial Begins for Claimed Gang Leader Accused of Orchestrating Kidnap of Prosecutor's Dad: A jury was selected Monday in the federal trial of a prison inmate accused of orchestrating the kidnapping of a North Carolina prosecutor�s father in retaliation for a 2012 conviction. More.

Judge's 'Bizarre and Disturbing Behavior' Entitles Med-Mal Plaintiffs to New Trial, La. Justice Says: The Louisiana Supreme Court has ruled two medical malpractice plaintiffs are entitled to a new trial because the trial judge's behavior created a miscarriage of justice. More.

from the bar

Will You Complete Your MCLE by the June 30 Deadline? You have less than one month to complete your required MCLE hours. Visit the State Bar's AZCLE online catalog to view available courses. More.

FREE Seminar on Miranda at Convention: Case experts on the historic case will explore the 50th anniversary of Miranda v. Arizona at the State Bar Annual Convention. The seminar is scheduled for Wednesday, June 15 from 8:45 to noon. This seminar is free and you do not have to be registered for the convention. Check in at the convention registration desk. Seating is limited, so arrive early! More.

Time Is Running Out to Register for the Bar's Prestigious Bar Leadership Institute: BLI graduates have gone on to serve our communities in a variety of ways, including leadership positions in local and affinity bar associations, appointment to the judiciary and serving in the state legislature. It's also a great CLE bargain � participants receive up to 2 years of CLE credit for just $250! Find out for yourself how the BLI can foster your professional growth and enhance your leadership skills. Application deadline is June 24. More.

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.

AZ Supreme Court Seeks Volunteers for Two Committees: Apply by September 7 to serve on the Court's Committee on Character and Fitness or its Committee on Examinations. Candidate criteria and an application form are available here.

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 by Driscoll & Associates: If many investment "pros" see themselves as amateurs, what strategies should those with less financial acumen be using? Read more here from John Driscoll & Associates, a State Bar Member Discount Provider.

Rental Car Discounts: Save on Avis, Budget and Hertz car rentals with State Bar member discounts. Click here for discount codes.

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.

Save on Practice Management Software, Office Products, Credit Card Processing and More: Click here for the list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

May 19, 2016 - 1 CA-CV 15-0092 - Michael Soto v. Anthony M. Sacco
If the superior court issues an unsigned order conditionally granting a new trial upon rejection of a remittitur, does the appeal time nevertheless begin to run based on the self-executing language of Rule 59(i)? Read Opinion.

May 17, 2016 - 2 CA-CV 2015-0065 - Karen D. Rasor v. Northwest Hospital DBA Northwest Medical Center
1. Whether appellants' wound care nursing specialist was qualified to testify as a standard of care expert for intensive care nurses under A.R.S. � 12-2604 and, if not, whether the trial court erred in refusing to permit the appellants to secure a new expert. 2. Whether the trial court abused its discretion in issuing a protective order barring appellants from conducting certain Rule 30(b)(6), Ariz. R. Civ. P. depositions concerning the cause of appellant's injury while under the appellee hospital's intensive care. 3. Whether the trial court abused its discretion in requiring the hospital to produce medical records of any patients who had developed pressure ulcers in the intensive care unit during the four years preceding appellant's injury. Read Opinion.

9th Circuit Court of Appeals

June 1, 2016 - 13-16639 - Arizona Students' Association v. Arizona Board of Regents
In an action under 42 U.S.C. section 1983 alleging First Amendment retaliation in connection with the university-defendants' decision to suspend its collection and remittance of the students' association fees and then to modify its fee collection policies, the District Court's dismissal of the claims is: 1) affirmed in part where the Eleventh Amendment barred any claim by the plaintiffs for retrospective relief, including money damages; and 2) reversed in part as to the First Amendment claims where plaintiffs have adequately alleged that it had engaged in the kinds of core political speech that trigger First Amendment's highest level of protection. Read Opinion.

June 2, 2016 - 13-57104 - VMG Salsoul, LLC v. Madonna L. Ciccone
In a copyright infringement suit claiming that the Madonna song "Vogue" contained a modified version of a horn segment allegedly copied from a song known as "Love Break," which violated the plaintiff's copyrights to "Love Break," the District Court's summary judgment in favor of the defendants and award of attorney's fees is: 1) affirmed as to summary judgment where any copying that occurred was 'de mimimis' and not an infringement of either the composition or the sound recording of "Love Break;" but 2) vacated as to attorney's fees where the District Court abused its discretion in granting attorney's fees to the defendants under 17 U.S.C. section 505. Read Opinion.


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