Volume 15, No. 16 | August 2, 2016

eye on ethics

Q: I represent a plaintiff in a contract dispute. The defendant's father, a retired lawyer, emailed me seeking to initiate settlement negotiations on behalf of his son. The father's status is listed as "Retired" on the AZ Bar website. Can I engage in settlement negotiations with this retired lawyer?

A: No. A member of the State Bar in retired status is not permitted to practice law, with a narrow exception for providing volunteer legal services for approved legal service organizations. See Ariz. Sup. Ct. R. 32(c)(5). If you engage in settlement negotiations with the retired lawyer, you will be aiding him in the unauthorized practice of law. See ER 5.5(a).

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member news

State Bar Past President Sal Lutey to Be Honored by Arizona Community Foundation of Yavapai County: The Arizona Community Foundation of Yavapai County will honor local resident Selmer D. "Sal" Lutey as Philanthropist of the Year at the upcoming Joy of Giving philanthropic awards. Sal is a pillar in the Prescott community as well as the state of Arizona. He is a past president of the Yavapai County Bar Association as well as the State Bar of Arizona. He has been a member of the Board of Governors. Sal was one of the founding members of the Arizona Bar Foundation. More.

In the news

Texas Attorney General Tries Again to End His Criminal Case: Texas Attorney General Ken Paxton is trying one last time to have his criminal indictment on securities fraud charges dismissed, likely ruling out the possibility of the Republican standing trial this year. More.

AG Brnovich: Arizona Telemarketer Gets $110K Fine in Magazine Scam: A $110,000 judgment was filed against Arizona company Publishers Service Office Inc. and owner Burudi Mwonyoni after the company allegedly used a magazine-subscription scam to defraud thousands of U.S. consumers, according to state Attorney General Mark Brnovich's office. More.

from the bar

Lisa Loo Becomes State Bar of Arizona Board of Governors President: The State Bar of Arizona has announced the election of Lisa Loo as the 85th president of its Board of Governors. The board also announced the election of Alex B. Vakula as President-Elect, Jeffrey Willis as First Vice President, Steven A. Hirsch as Second Vice President, and Brian Y. Furuya as Secretary/Treasurer. More.

File MCLE Affidavits Before September 15 Deadline: You don't need to wait! Online filing for your 2015-16 MCLE affidavit is available now. Filing deadline is no later than September 15, 2016. You may access your personalized CLE tracking page and MCLE affidavit on the members website by clicking here.

Judicial Nominees for Maricopa County Superior Court Announced: The Maricopa County Commission on Trial Court Appointments has recommended 11 candidates to Governor Doug Ducey for three openings on the Maricopa County Superior Court. View the nominees here.

Less Than a Week Left to Apply for Two New Positions on the Arizona Supreme Court: Applications are still being accepted for two new positions on the Arizona Supreme Court. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for each position to Governor Doug Ducey. Applications must be submitted by 3 p.m. on August 8. More.

Applications Being Accepted for a Vacancy on the Maricopa County Superior Court: Applications are being accepted for a vacancy on the Superior Court in Maricopa County created by the retirement of Judge Kristin C. Hoffman. Applications must be recieved by 3 p.m. on August 31, 2016. More.

Attorney Michael R. Golder Disbarred for Failing to Perform Services for Clients: Attorney Michael R. Golder of Tempe was disbarred from the State Bar of Arizona after admitting to allegations of misconduct. More.

Phoenix Attorney Andrea E. Mouser Suspended for Three Years: Attorney Andrea E. Mouser of Phoenix was suspended for three years after failing to effectively represent her clients and continuing to practice law while serving an earlier suspension. More.

Get Engaged in the Legal Profession in Arizona: The State Bar of Arizona frequently recruits qualified applicants for professional volunteer opportunities. Whether you have an interest in serving on a Supreme Court committee or representing the State Bar on a national level, several opportunities are presented throughout the year. Check the Bar's Appointments Committee page to see what's available. More.

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.

Keep Sharing 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: Free one-hour webinar at 10 a.m. on August 10: Learn about the role of self-directed brokerage accounts within retirement plans. Click to here register. This free webinar is presented by ABA Retirement Funds.

A Success Story: One Lawyer's Recipe for Growth: To read Kevin's story about how Clio has helped his practice grow, click here. Clio is a practice management software specifically designed for small to medium-sized law firms. State Bar members receive a 10% lifetime discount. Use promo code AZBAR and click here.

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.

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

July 14, 2016 - 1 CA-CV 15-0151 - Alvin Hogue v. City of Phoenix
Did the trial court err in granting summary judgment against the families of the victims of the "Baseline Killer" Mark Goudeau on their tort claim that the City of Phoenix-through its police department-acted grossly negligent in failing to conduct all possible DNA testing on biological samples from a victim in a prior assault to identify and apprehend Goudeau before he committed his crimes against the victims? Read Opinion.

June 29, 2016 - 2 CA-CR 2015-0308 - State of Arizona v. Demirus A. Koepke
Was the defendant denied her right to counsel when, although she was represented by a licensed public defender, a law student assisting the defense failed to obtain her written consent as required by Rule 38(d), Ariz. R. Sup. Ct.? Read Opinion.

9th Circuit Court of Appeals

August 1, 2016 - 14-10452 - United States of America v. Joe A. Benally
Conviction for using a firearm in connection with a 'crime of violence' under 18 U.S.C. section 924(c) is reversed where involuntary manslaughter under 18 U.S.C. section 1112, which requires a mental state of only gross negligence, prohibits conduct that cannot be considered a 'crime of violence' under section 924(c)(3), and therefore cannot qualify under the categorical approach. Read Opinion.

August 1, 2016 - 11-72286 - Javier A. Hernandez v. Loretta E. Lynch, U.S. Attorney General
In a petition for review of the Board of Immigration Appeals' decision finding him removable and ineligible for cancellation of removal because his conviction for attempted criminal threats constitutes a crime of violence and aggravated felony, the petition is denied where: 1) petitioner's conviction for criminal threats under California Penal Code section 422 is a categorical crime of violence, and that the section 664 'attempt' portion did not alter the crime of violence determination; and 2) petitioner's section 422 conviction, which is a wobbler offense punishable under California law as a felony or misdemeanor, is an aggravated felony because the superior court designated it a felony and sentenced him to 365 days in jail. Read Opinion.


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