Volume 15, No. 21 | October 11, 2016

eye on ethics

Q: I currently represent Client A in a dispute with his landlord. Prospective Client B has approached my firm, seeking representation in a breach of contract claim against Client A. The two matters are completely unrelated. Does this present a conflict of interest?

A: Yes. As stated in Comment [6] to ER 1.7, a lawyer may not act as an advocate in one matter against a person the lawyer represents in some other matter, even when the matters are wholly unrelated.

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member news

State Bar Board of Governors Member Steven A. Hirsch to Be Inducted Into Maricopa County Bar Hall of Fame: Steven A. Hirsch is going to be inducted into the Maricopa County Bar Hall of Fame during the organization's annual luncheon, which will take place on October 27 at the Hyatt Regency Hotel in Phoenix. The Maricopa County Bar Hall of Fame, created through the Maricopa County Bar Association in 2008, seeks to honor in perpetuity those remarkable individuals who have built the legal profession in this county and beyond, who have made extraordinary contributions to the law and justice and who have distinguished themselves at the highest levels of public service. Read more here.

In the news

Sheriff Joe Arpaio to Face Criminal Contempt of Court Trial: In a hearing Tuesday, U.S. District Court Judge Susan Bolton said Maricopa County Sheriff Joe Arpaio will face a criminal contempt of court trial in two months. A felony contempt conviction would force Arpaio from office; he could remain sheriff with a misdemeanor conviction. More.

Revenge Porn Lawsuit May Open "Floodgate" of Lawsuits Against Social Media Websites: A 14-year-old girl is suing Facebook because a naked picture of her appeared on the social media site. Someone looking to enact revenge on her posted the picture on a "shame page" and the victim claims the media site is liable. According to a lawyer for Facebook, the photo was removed every time it was reported and the site has a strict standard that forbids nudity and sexual exploitation. Regardless, if Facebook loses the case, it could result in a seismic change in how social media companies deal with explicit content. More.

from the bar

Changes Coming to the Lawyer's Oath and Creed? The Arizona Supreme Court is considering a proposal to modify The Oath of Admission to the Bar and A Lawyer's Creed of Professionalism of the State Bar of Arizona. You can read the proposed version here. If you'd like to comment you can do so here. Comments must be received by October 28, 2016.

Public Asked for Input on Candidates for Superior Court Vacancies: The Maricopa County Commission on Trial Court Appointments is seeking public input on 16 candidates for an opening on the Maricopa County Superior Court. Written comments must arrive to the Commission by October 18 to be considered or they can be made in person at the hearing on October 20. Click here to view 16 candidates.

Nominees for Arizona Supreme Court Announced: The Commission on Appellate Court Appointments has recommended seven nominees to Governor Doug Ducey for two new openings on the expanded seven-member Arizona Supreme Court. The nominees for the two new positions on the Arizona Supreme Court can be viewed here.

Is Your Law License at Risk? Fake Check Scams Target Lawyers: When it comes to scams, lawyers don't have any special skills that can shield them. Understanding the law doesn't mean they can avoid the traps set by con men who hone their craft on a daily basis. More.

What Role Could You Play in Domestic Violence? The State Bar of Arizona's Continuing Legal Education (CLE) Department will offer "Domestic Violence: What All Lawyers Need to Know," a unique program that will discuss several topics in domestic violence and the role a lawyer could play. The program will be held on Oct. 14 from 9 a.m. to 5 p.m. Learn more here.

Help Yavapai County Court House Celebrate 100 Years This Saturday: Join the Arizona Superior Court in Yavapai County for an open house on Saturday, October 15 from 10 a.m. to 2 p.m. The event will celebrate the Court's milestone and unveil the new exhibit area that will showcase a collection of historical items from the past 100 years. View more event details here.

Arizona Black Bar to Host 2016 Hayzel B. Daniels Scholarship Awards Dinner: Join the Arizona Black Bar as it hosts the 2016 Hayzel B. Daniels Scholarship Awards Dinner on Thursday, Oct. 20. This year, the Arizona Black Bar will recognize five award recipients and two scholarship recipients. Click here to view award winners and register for the event.

Order Your Copy of the 2016 Economics of Law Practice in Arizona! Learn how members responded to our questions about hourly billing rates, total compensation, and amenities and benefits being offered by Arizona's law firms. This report was last published in 2013, so it's time to see how economic changes have affected our professional lives today. Order online at azbar.org/ordereconomicsreport. For more information email Pat Giallanza.

Phoenix Attorney Felisa M. Bermudez Suspended for Two Years: Attorney Felisa M. Bermudez of Phoenix was suspended for two years after failing to effectively represent her clients in four separate counts. Click here for more.

Phoenix Attorney Jason C. Farrington Disbarred After Abandoning Law Practice: Attorney Jason C. Farrington of Phoenix was disbarred from the practice of law after failing to defend allegations of misconduct and abandoning his law practice. Read more here.

Attorneys Jason M. Goldstein of Phoenix and James R. Olsen of Utah Suspended From the Practice of Law: Attorney Jason M. Goldstein of Phoenix was suspended from the practice of law for six months and one day for numerous allegations of misconduct and attorney James R. Olsen of Utah was suspended for 60 days for deceptive practices. More.

Prosecutors and Public Defenders Encouraged to Apply for JRJ Grant Program: The Administrative Office of the Courts is pleased to announce the approval of Arizona's application for funding through the John R. Justice Program. The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by helping with their student loans. Applications must be postmarked by Friday, November 18. Click here for more information.

Join the Bar Flys for a Full or Half Marathon, or 10K or 5K, at a Reduced Registration Fee! Arizona's legal community is coming together for the eighth consecutive year to run in the Rock 'n' Roll Arizona Marathon, Half Marathon, and 10K "Rock Corporate," to be held on Sunday, Jan. 15, 2017. This year, you can also run in the 5K on Saturday, January 14, 2017. For more, 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.

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 - When Withdrawing from Representation of a Client, Preserve Confidences and Secrets: Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

The Rise of the Mobile lawyer, Free Webinar October 18: Mobile devices are transforming the world � and the practice of law is no exception. This free one-hour webinar presented by Clio covers how attorneys can use smartphones in their everyday practice, and how to address the inherent security and ethics concerns that come with mobile lawyering. To register, click here.

Platinum Rewards MasterCard With No Annual Fee! Apply now for the State Bar of Arizona MasterCard and earn double reward points on purchases for the first 60 days. See full terms and conditions here.

Save on Avis and Budget Rent A Car, UPS Shipping, OfficeMax and More: Click here for the full list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

September 22, 2016 - 1 CA-CR 13-0895 - State of Arizona v.  Jeffrey R. Martinson
1. Whether the State's decision to charge the defendant with felony murder, relying on child abuse as the predicate offense, precluded prosecutors from presenting evidence and argument at trial that the defendant intended to kill the victim. 2. Whether, notwithstanding error in precluding evidence of an intent to kill the victim, dismissal with prejudice was proper due to prosecutorial misconduct. 3. Whether substantial evidence supported the guilty verdicts for felony murder and child abuse. Read Opinion.

September 13, 2016 - 2 CA-CR 2012-0378 - State of Arizona v. Joseph J. Romero
The Arizona Supreme Court having held that the trial court erred and having remanded the case to this court, was the error of precluding a defense expert critical of firearms examination harmless in this case? Read Opinion.

9th Circuit Court of Appeals

October 5, 2016 - 15-10219 - United States of America v. Henry Lo
Restitution order and forfeiture money judgment, in a case in which the defendant pleaded guilty to three counts of wire fraud and mail fraud, are affirmed where: 1) circumstances surrounding the signing and entry of the plea agreement support the conclusion that the defendant entered into the agreement knowingly and voluntarily; 2) the appeal waiver as to the restitution order was enforceable; and 3) the forfeiture order did not constitute an illegal sentence. Read Opinion.

September 30, 2016 - 13-17131 - Animal Legal Defense Fund v. U.S. Food & Drug Administration
In a Freedom of Information Act case under 5 U.S.C. section 552 involving the potential competitive effect of releasing egg-production information, on remand from the en banc court with instructions to perform de novo review, the District Court's summary judgment is reversed and remanded for further proceedings where there was a genuine issue of material fact. Read Opinion.


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