Volume 15, No. 25 | December 6, 2016

eye on ethics

Q: I am a lawyer representing myself in a dispute with my landlord. The landlord is represented by counsel. Am I permitted to discuss the case directly with my landlord, given that we are both parties?

A: No. ER 4.2, which prohibits a lawyer from communicating about the subject of the representation with a represented party, applies to lawyers who represent themselves. You would need the consent of the landlord's lawyer to discuss anything related to your legal dispute.

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Civ Pro Rules To Change
In January, the Rules of Civil Procedure change in big and small ways. Here�s what you need to know.

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member news

State Bar Shares Somber News of Steve Hirsch, Board of Governors' Member: It is with great sadness that we pass along news that Board of Governors' member Steve Hirsch has passed away. Steve was a strong supporter of the legal profession, and an outstanding volunteer and community member. In the past, he was been named Outstanding Member of the Year by the State Bar of Arizona and the Maricopa County Bar Association. Significantly, many young adults achieved Eagle Scout status thanks to Steve's help and guidance. You can read more about Steve and his planned memorial service here.

In the news

Supreme Court Tackles Racial Gerrymander Cases: The Supreme Court on Monday tackled two racial gerrymander cases in a fresh attempt to determine how race can be taken into consideration when states draw district lines. The justices heard arguments for more than two hours concerning maps in North Carolina and Virginia allowing the arguing attorneys to go on for extended periods of time without interruption, a sign of the complexity of the case. Read more here.

Don't Click! Lawyers Get Fake Emails About a Complaint; Hyperlink Installs Malicious Software: Officials in multiple states are warning that the emails about a complaint filed against their business may have a problem invite lawyers to click on a hyperlink to view it. Clicking on the link will open a website that installs malicious software or ransomware on the lawyer�s computer. Learn more about scam here.

from the bar

Are You An Attorney Who Has Good News to Share? Have you recently been recognized for contributions you make to the communities you serve? Is your firm raising money or collecting food 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.

Launching Today! New Legal-News Source Daily 5: Curiosity and two minutes are all you need to enjoy the Daily 5, an innovative source of news stories from the staff of Arizona Attorney Magazine. Read more here about how this email news feed will inform your legal world.

Two New Appointments to the Supreme Court Of Arizona: Governor Ducey announced the appointment of Arizona Court of Appeals Judge Andrew W. Gould and Arizona Solicitor General John R. Lopez, IV to the Supreme Court of Arizona. These appointments were made to fill two vacancies created by the expansion of the Supreme Court of Arizona. Learn more about the new justices here.

Attorney Scott Minder Appointed to Maricopa County Superior Court: Governor Doug Ducey announced the appointment of Scott Minder to the Maricopa County Superior Court. Scott has served as a Judge Pro Tempore for the Maricopa County Superior Court since 2010. Scott is also a member of the State Bar of Arizona's Professionalism Committee and the Arizona Technology Council Cybersecurity Committee. Read more on the appointment here.

Public Comment Sought on Pima County Superior Court Applicants: The public is invited to comment on 10 applicants for a vacancy on the Superior Court in Pima County created by the retirement of Judge Carmine Cornelio. View the applicants and learn of the comment deadlines here.

Dementia and Its Impact on Lawyers and Judges: Every 66 seconds someone in the United States develops Alzheimer's disease. More than 15 million family and friends are caring for those with Alzheimer's and other dementias. If dementia hasn't already impacted a colleague, friend or family member, it soon will. Will you be prepared? This free 75 minute program on the impact of dementia on lawyers and judges will be broadcast nationwide. For more information click here.

Calling All In-House Counsel: Are you in-house counsel? If so, get engaged with your peers by clicking here. You will receive information on the In-House Counsel Committee's meetings and networking events.

Coming Soon - Statewide Survey of Attorneys: The State Bar of Arizona is collaborating with other state bars to conduct a statewide survey of all Arizona attorneys. The purpose of the survey is to quantify and recognize the pro bono work done by attorneys, as well as to understand the factors that encourage or discourage pro bono service. Please be on the lookout for the survey link, which will be sent electronically in January. Full participation is encouraged!

AZ Bar Foundation Seeks Volunteers for Online Arizona Justice Program: Are you looking for a way to give back this holiday season but don't want to leave the comfort of your home? Then register for Online Arizona Justice! This website allows you to provide legal advice from anywhere you have an internet connection. Simply login to the website, choose a question and answer it. It's that easy! Register today by clicking here.

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.

Get Your Registration Reduced for the Rock 'n' Roll Marathon in January! 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.

Practice Tip - "Fiduciary Duties and the Modern Lawyer": Attend this free one-hour webinar on December 14 at 11 a.m. covering proper ways to engage in business with a client to serve their fiduciary relationship, and more. Click here to register or for more information. Presented by attorney Claude Ducloux, from State Bar Member Discount Provider LawPay.

Don't Ignore Evidence of Professional Negligence by Predecessor Counsel: Click here for a tip from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

Who's Answering Your Phone? Every call is answered live by a cheerful, knowledgeable receptionist with Ruby Receptionists, the professional virtual receptionist company. Sign up for Ruby risk-free with a special State Bar of Arizona discount. Visit www.callruby.com/azbar.

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 22, 2016 - 1 CA-CV 15-0568 - Christopher J. Ramirez v. Sunday R. Barnet
Does the Parental Kidnapping Prevention Act ("PKPA") require an Arizona court to give full faith and credit to an adoption order rendered in another state when a putative father of a child had petitioned for paternity in Arizona before the adoption proceedings began in the other state? Read Opinion.

November 22, 2016 - 2 CA-CR 2015-0419 - State of Arizona v. Craig V. Coleman
Whether the trial court violated the defendant's equal protection or substantive due process guarantees by requiring the defendant, convicted of unlawful imprisonment of a minor who was not his child, to register pursuant to A.R.S. � 13-3821(A)(1) absent a jury finding the crime was sexually motivated beyond a reasonable doubt. Read Opinion.

9th Circuit Court of Appeals

December 5, 2016 - 15-10475 - United States of America v. Alfonzo Williams
In a prosecution for conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. section 1962(d), murder in aid of racketeering, 18 U.S.C. section 1959(a)(1), and related firearms offenses, the district court's grant of defendant's motion to suppress evidence is affirmed where, when a defendant charged with murder invokes his Miranda rights, the government may not in its case-in-chief admit evidence of the prisoner's unadmonished responses to questions about his gang affiliation. Read Opinion.

December 5, 2016 - 14-30217 - United States of America v. Mohamed O. Mohamud
Conviction for attempting to detonate a large bomb during the annual Christmas Tree Lighting Ceremony in downtown Portland, Oregon, in violation of 18 U.S.C. section 2332a(a)(2)(A), is affirmed where: 1) the district court properly rejected defendant's defense of entrapment as a matter of law; 2) under the circumstances of this case, the district court did not err in denying defendant's motion to suppress, based on tardy disclosure, information collected pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978; and 3) the section 702 acquisition of defendant's email communications did not violate the Fourth Amendment. Read Opinion.


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