Volume 16, No. 2 | January 17, 2017

eye on ethics

Q: I received a subpoena to testify about my representation of a former client. May I testify?

A: Generally, ER 1.6 would require you to contact your former client to obtain informed consent to testify. If the former client will not consent, then you need to object to the subpoena. If the court rules against your objection, you may have further obligations to appeal that ruling. See Comment 15 to ER 1.6 and Ariz. Ethics Op. 00-11 for further details.

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member news

John P. Frank Memorial Lecture Series Will Feature U.S. Supreme Court Associate Justice Sonia Sotomayor: The endowed lecture series honoring the memory of attorney John P. Frank (1917-2002), a leader in the Arizona Legal Community, will feature U.S. Supreme Court Justice Sonia Sotomayor on Monday, January 23 at Gammage Auditorium. Tickets are limited and available on a first-come, first-served basis. Learn how to get your tickets here.

In the news

Former Arizona Gov. Janet Napolitano Hospitalized for Cancer: Former Arizona Gov. Janet Napolitano was undergoing treatment for cancer and has been hospitalized because of complications. The University of California said Napolitano, a former U.S. Homeland Security secretary and current president of the UC system, was diagnosed last August, but it didn't say what type of cancer she has. Click here to read more.

A Collision, a Death and a Lawyer's Quest to Change Arizona's Restitution Law: When his son-in-law was killed in a car accident, attorney Dick Coffinger wanted to represent his daughter in seeking restitution. The court wouldn't let him, so he got the law changed. Read more here.

Supreme Court Case Sets the Stage for Future Officials' Accountability: Like hundreds of other Arab and South Asian men swept up in the aftermath of the attacks, Ahmer Iqbal Abbasi was not a legal immigrant. Abbasi is one of six plaintiffs in a long-running case brought by noncitizens detained after 9/11 that reaches the Supreme Court on Wednesday. The question for the high court is not whether the men were abused, but whether they have the right to bring a case for damages against high-level U.S. government officials for the alleged unconstitutional treatment. Click here to read the full story.

from the bar

File Your State Bar Annual Statement and Dues Online: Your 2017 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2017. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2017. More.

11 Candidates Recommended for Openings on Maricopa County Superior Court: The Maricopa County Commission on Trial Court Appointments has recommended 11 candidates to the Governor for two openings on the Maricopa County Superior Court created by the appointment of Judges Paul J. McMurdie and James P. Beene to Division One of the Arizona Court of Appeals. Click here to view the 11 nominees.

Pima County Superior Court Judicial Nominees Announced: The Pima County Commission on Trial Court Appointments has recommended five candidates to Governor Ducey for an opening on the Pima County Superior Court created by the retirement of Judge Carmine Cernelio. View the nominees here.

Six Applicants Being Considered for Arizona Court of Appeals: The public is asked for comments on six applicants for two openings on Division I of the Arizona Court of Appeals created by the retirement of Judge Patricia A. Orozco and the appointment of Judge Andrew W. Gould to the Arizona Supreme Court. Written comments must be received by Thursday, January 19. Take a look at the applicants here.

Share Your Thoughts on Revisions to Criminal and Civil Jury Instructions: State Bar members are invited to comment on revisions to current criminal and civil jury instructions. The deadline for the criminal jury instructions is January 31, 2017 and February 24, 2017 for the civil jury instructions. Please submit your comments to Ilona.Kukan@staff.azbar.org.

Here's Your Chance to Comment on Commercial Court Rules Revisions: Arizona's Commercial Court has been in operation for 18 months. While the experiment has gone smoothly, the court has also identified some areas for improvement. This includes simplifying what cases might qualify and those that do not. The Arizona Supreme Court wants your input on the proposed revisions. You can read more about the changes and your opportunity comment here.

Phoenix Attorney Mark M. Venetos Disbarred for Embezzling Client Settlements: Attorney Mark M. Venetos of Phoenix was disbarred from the State Bar of Arizona after receiving clients' personal injury settlement checks and keeping unwarranted sums. Read more on this disciplinary matter here.

Take Part in a National Pro Bono Survey: This month the ABA will be conducting a national survey on pro bono. It's designed to look at both what is being done and where additional resources are needed. Whether you are currently doing pro bono work or not, please take the time to fill out the survey when you receive the email. While the survey is anonymous, as an added bonus, participants may enter to win a $150 Visa gift card.

People of All Faiths are Invited to Attend the 47th Annual Red Mass: The annual St. Thomas More Society of Phoenix event commemorates the start of the legislative session, and is attended by lawyers, legislators, and government officials. The event is scheduled for Tuesday, January 24 at Saint Mary's Basilica, 231 N. 3rd St. in Phoenix. The ritual begins at 5:30 p.m. A reception will follow in the Diocesan Center, located east of the Basilica. RSVP is not required. The following day the Society will host the Red Mass Breakfast beginning at 7:30 a.m. at the Phoenix Country Club, 2901 N. 7th St. in Phoenix. RSVP by Friday, January 20 for the breakfast. For more information about both events and how to RSVP for the breakfast, visit the Society's website. More.

Arizona Corporate Counsel Awards Slated for January 26: The Arizona Chapter of the Association of Corporate Counsel presents the 2017 Arizona Corporate Counsel Awards, January 26, 6 to 8 p.m. at the Camelback Inn. To register, click 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.

Register Today for the Bar's Diversity and Inclusion Conference: Spring Training for Lawyers, a day-and-a-half conference offers CLE programming and networking opportunities for Arizona attorneys. Program topics educate attendees on the latest legal developments affecting diverse clients and offer practical tips and skills to meet the needs of Arizona's diverse legal community. Click here to get registered.

New Site Gives Court Information, Legal Help for Everyday People: A new website launched today to offer basic assistance to people of all walks of life who have legal questions or need assistance in resolving disputes in court. AzCourtHelp.org is organized by topic and geographical location to help people find the court locations, forms, and other information they may need. Learn more about the site here.

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.

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 - What I Wish I'd Learned in Law School? How to Run the Ethical Office. Attend this free webinar on Wednesday, January 18 at 2 p.m., presented by Member Discount Partner LawPay. Speaker is attorney Claude Ducloux. Click here to register.

The Addicted Lawyer - How We Got Here, How to Solve It: This free webinar at noon, Wednesday, January 18th is presented by Brian Cuban, attorney and author of the upcoming book The Addicted Lawyer. Brian will speak about his experience. Presented by Member Discount Partner MyCase. Click here to register.

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.

Save on Car Rentals, 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

January 10,2017 - 1 CA-CR 15-0810 - State of Arizona v. Jeronimo Linares
Whether a county attorney is entitled to restitution for the cost of a forensic examination of a victim when the examination did not involve any medical diagnosis or treatment of the victim. Read Opinion.

December 22, 2016 - 2 CA-CV 2015-0166 - In Re $15,379 in U.S. Currency
1. When a trial court dismisses a civil forfeiture proceeding concerning seized currency and the state asserts that the property is being held for evidentiary purposes in a related criminal case, is the court authorized to order either the immediate return of the currency or an equivalent payment? 2. Did the state's conduct in this proceeding subject it to sanctions either in the trial court or on appeal? Read Opinion.

9th Circuit Court of Appeals

January 13, 2017 - 14-36035 - Tonja Ames v. King County, WA
In a 42 U.S.C. section 1983 action in which plaintiff alleged, among other things, that deputies violated her Fourth Amendment rights by using excessive force during an arrest and unlawfully searching her truck, the district court's summary judgment denying qualified immunity to defendants is reversed where the deputies were entitled to qualified immunity because their actions were objectively reasonable in light of the urgent need to deliver life-saving care to an overdose victim, and to ensure the safety of everyone at the scene. Read Opinion.

January 13, 2017 - 14-56927 - Zakia Mashiri v. Epsten Grinnell & Howell
In an action alleging a law firm committed unlawful debt collection practices in violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. sections 1692 et seq., the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code sections 1788 et seq., and the California Unfair Competition Law, Cal. Bus. & Prof. Code sections 17200, et seq., the district court's dismissal for failure to state a claim is reversed where plaintiff stated plausible claims for relief because the collection letter contained language that overshadowed and conflicted with her FDCPA debt validation rights under 15 U.S.C. section 1692g when reviewed under the 'least sophisticated debtor' standard. Read Opinion.


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