Volume 15, No. 23 | November 8, 2016

eye on ethics

Q: In my family law practice, individuals often consult me over the phone, but then end up hiring a different lawyer. What are my obligations toward these individuals?

A: These individuals are prospective clients, so you should consult ER 1.18 regarding your duties toward them. Generally speaking, you must keep their information confidential, and you should include prospective clients in your conflicts check database. See ER 1.18(c) for more information on conflicts of interest involving prospective clients.

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Election Errors
Election administration missteps in Arizona have a deep history, even back to 1936.

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member news

Volunteer Attorneys Help Folks Plan for the Unexpected: The State Bar's Elder Law, Mental Health and Special Needs Planning Section and Young Lawyers Division hosted the first annual Night of the Living Will Event on Saturday, October 29. Living Wills and Advanced Healthcare Power of Attorney packets were completed for 68 individuals by 14 volunteer attorneys. Adding to the Halloween-inspired event, the Attorney General's Office and Area Agency on Aging were onsite to offer additional resources. The State Bar offers its sincerest thanks to attorneys James Brewer, Michelle Lauer, Jennifer Kupiszewski, Steve Kupiszewski, Danny Mazza, Chip McLaughlin, Alexia Peterson, Stephen Polk, Amanda Salvione, Stevie Scotten, Christina Stoneking, Bailey Williams, Amy Witzleb and Jessi Wolnik who were dressed in storybook-character costumes.

In the news

Jury Deliberations to Begin in Hot Car Death Trial: Attorneys for the prosecution and the defense have completed their closing arguments in the Ross Harris hot car death trial in Phoenix. He faces a number of charges, including malice murder and felony murder in the June 2014 hot car death of his 22-month-old son Cooper Harris. Jury deliberations began today. Read more here.

DNA Evidence Helps Free a Service Dog From Death Row: Jeb, a 2-year-old Belgian Malinois with alert ears and a dark muzzle, was sentenced to death in September. However, Jeb's family did not believe that their service dog was capable of killing Vlad the Pomeranian. After a Florida lab determined samples collected from the frozen corpse of the Pomeranian did not come from Jeb, the big dog was sprung from jail. More.

from the bar

State Bar Closed on Friday: The State Bar of Arizona's Phoenix and Tucson offices will be closed this Friday, November 11, 2016. Regular business hours will resume on Monday, November 14, 2016.

Today Is Election Day. Did You Finish the Ballot? Do you know how to vote on judges? Today is the final day for you to decide whether to retain or not retain trial and appellate judges. The Judicial Performance Review Commission conducted evaluations, asked for public imput, and produced a report to help voters decide. Click here to view a quick video that will help you understand the process and the importance of voting for judges and finishing the ballot. Share it with family, friends, and colleagues!

You Have Until Friday to Get Involved in the Merit Selection Process: Apply by Friday, November 11 to serve on one of the four judicial nominating commissions. The Commissions screen judicial applicants and submit nominations to the Governor for his ultimate appointment to fill positions on the appellate court bench and on superior court benches in three counties. For candidate criteria and an application click here.

Apply for Vacancy on Division One of the Arizona County of Appeals: Applications are being accepted for a vacancy on the Superior Court in Maricopa County created by the appointment of Judge Paul J. McMurdie to Division One of the Arizona Court of Appeals. Applications must be submitted by 3 p.m. on Monday, November 24, 2016. View the announcement here.

In Pima County? Apply for a Vacancy on the Superior Court: Applications are being accepted for a vacancy on the Superior Court in Pima County created by the retirement of Judge Carmine Cornelio. Applications must be submitted by 3 p.m. on Wednesday, November 30, 2016. Learn more here.

Judicial Ethics Charges Filed Against Desert Ridge Justice of the Peace: The Arizona Commission on Judicial Conduct announced that the commission's disciplinary counsel has filed formal ethics charges against Desert Ridge Justice of the Peace Clancy Jayne. The statement of formal charges alleges that the judge violated a number of rules contained in the Arizona Code of Judicial Conduct and other applicable judicial conduct standards. More.

Arizona Court of Appeals Launches Video Tutorials for E-Filers: Division One of the Arizona Court of Appeals has created and posted a series of four short videos to help attorneys and their staff prepare electronic filings in the form most useful to the judges who will decide the appeal. The Court's website features links to the videos, along with a printable companion guide. The series of four short videos walk the viewer through the best way to create a text-searchable brief, with bookmarks, appendices, and hyperlinks. Click here to view the video tutorials and companion guide.

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/ordereconimicsreport. For more information email Pat Giallanza.

Have You Registered With the Bar Flys to get a Reduced Fee for the Full or Half Marathon, or 10K or 5K? 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 - Ready to Start Your Own Law Firm? Attend this free one-hour webinar on November 15 at noon, covering seven practical steps that will help attorneys go from big law to solo in no time. Click here to register or for more information. Presented by State Bar Member Discount Provider Clio.

Do You Accept Credit Cards? Save Up to 25% on Standard Processing Fees With LawPay: LawPay is a credit card processing service exclusively for attorneys, and meets the requirements for trust account guidelines. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

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

Save on Car Insurance, Legal Research, Legal Software 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

November 1, 2016 - 1 CA-CV 15-0201 - Antonella Sherman v. Derek S. Sherman
When a divorcing spouse is involuntarily without substantial income but is expected to have greater income in the future, may the court enter a nominal spousal maintenance award to "leave the door open" for future spousal maintenance at a higher level? Read Opinion.

October 25, 2016 - 2 CA-CR 2015-0480 - State of Arizona v. Manuel F. Florez
1. Is evidence that the defendant repeatedly moved his clothed penis against the victim's body sufficient to sustain his convictions for sexual conduct with a minor? 2. Do the defendant's sentences for two counts of sexual conduct with a minor under age fifteen and three counts of molestation of a child constitute cruel and unusual punishment either individually or collectively? Read Opinion.

9th Circuit Court of Appeals

November 4, 2016 - 13-36174 - Mary Matson v. United Parcel Service, Inc.
In a state equal employment case alleging a hostile work environment against plaintiff's employer, asserting, among other claims, a state law gender-based hostile work environment claim, the District Court's judgment is reversed where the District Court erred erred in holding that an employee's state law gender-based hostile work environmental claim was preempted under section 301 of the Labor Management Relations Act (LMRA). Read Opinion.

November 4, 2016 - 14-16458 - James F. Coy Brown v. Rawlson-Neal Psychiatric Hospital
In an an action arising from plaintiff's discharge from the Rawson-Neal Psychiatric Hospital in Las Vegas, Nevada, and his subsequent transportation to Sacramento, California, the District Court's dismissal pursuant to Fed. R. Civ. P. 41(b) is affirmed where plaintiff waived the argument that the district court abused its discretion in dismissing his federal claims under Rule 41(b) by failing to raise the issue in his opening brief. Read Opinion.


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