Volume 16, No. 3 | January 31, 2017

eye on ethics

Q: I think I may become a witness in my client's own case. How do I handle this?

A: With certain limited exceptions, ER 3.7 generally prohibits attorneys from acting as advocate at trial when they are a necessary witness. Generally, this is not a type of conflict that imputes to other members of the law firm. See ER 3.7(b) for further details.

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Defending Clients' Trade Secrets
Your clients are all vulnerable to trade-secret theft. Here's how state and federal laws can help protect those vital assets.

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member news

Attorney Matthew Hesketh Tapped for Arizona Educational Foundation Board Position: Matthew Hesketh, attorney at Sherman & Howard, has joined the board of directors of the Arizona Educational Foundation (AEF). The Foundation is a local nonprofit dedicated to the development and celebration of excellence in pre-Kindergarten through 12th grade public education throughout the state. "AEF's board of directors is an incredible group of dedicated individuals who truly understand the power of recognizing and celebrating excellence in students, teachers, administrators and schools across our state," said AEF Executive Director Bobbie O'Boyle. "We're thrilled to welcome Matt to the board." Congratulations Matthew!

In the news

Trump's Supreme Court Favorites Head to Washington: The two judges who have been considered the top finalists to be President Donald Trump's nominee for the Supreme Court--Neil Gorsuch and Thomas Hardiman--are being brought to Washington ahead of tonight's White House announcement. Learn of the two finalists here.

Was It Self Defense? Homeowner in Minnesota Charged with Manslaughter for Shooting at Home Invasion Suspects: A Minnesota homeowner is facing manslaughter charges after he told police he shot at a group of men who had tried breaking into his home, and one of the suspects later died in the hospital. The homeowner David Allen Pettersen, 65, was arrested and booked into the Watonwan County Jail. "What we've gathered so far, we feel we have enough to charge him with second-degree manslaughter," Watonwan County Chief Deputy Jeremy Nachreiner. Read more on the shooting here.

from the bar

Tomorrow is the Last Day to File Your State Bar Annual Statement and Dues Online and On Time: 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.

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.

You Still Have Time to 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.

Public Asked for Input on Candidates for Arizona Court of Appeals: The Commission on Appellate Court Appointments is asking for public comment on five candidates for two openings on Division One of the Arizona Court of Appeals. The vacancies result from the retirement of Judge Patricia Orozco and the appointment of Judge Andrew Gould to the Arizona Supreme Court. Written comments must be recieved by Thursday, February 16. View the five applicants by clicking here.

Run For Election to the Board of Governors: Two Board Districts will hold elections May 4-19. Active Members are encouraged to run for election to the State Bar of Arizona's Board of Governors. For information on the Districts holding elections and a nomination package - which is due by Tuesday, February 28, 2017 - click here.

Comment on Proposed Revisions to the Arizona Rules of Criminal Procedure: The Arizona Supreme Court's Task Force on the Arizona Rules of Criminal Procedure recently filed a rule petition that includes changes to all 41 criminal rules. You're invited to comment on the rule petition and, if you represent an organization, your organization's comments. Comments can touch on any aspect of the draft, large or small, concerning its style or its substance. Comments can help the Task Force improve its work product. Please post your comments on the Court's Rules Forum. The deadline for the first comment period is March 14, 2017. After the Task Force reviews the initial comments, it will file an amended rule petition. Click here for more.

Attorneys Invited to Apply for Selection to Receive Future Court Appointments: The Superior Court in and for Pinal County has issued a Notice of Court-Appointment Solicitation 2017.1, inviting attorneys to apply for selection to receive future court-appointments in the following types of engagements, as more fully described in Administrative Order 2016-0007: Section 3, Juvenile Delinquency; Section 6, Guardian Ad Litem; and Section 7, General Hourly Engagements. Applications are due by Tuesday, February 28, 2017 at 5 p.m. Learn more about the process or to apply 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.

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 - Use Caution When Giving Advice Outside Your Practice Area: Click here for information from Member Discount Provider Ahern Insurance Brokerage.

How to Ethically Use Technology in Your Practice: Attend this free one hour webinar at noon, Wednesday, February 8, presented by Member Discount Provider MyCase. Jim Calloway, director of the Oklahoma Bar Association Management Assistance Program, will talk about how to ethically use today's technology and which emerging tools are important for lawyers. Click here to register.

Need to Refinance Your Student Loan? State Bar of Arizona members, family, and friends can receive a $300 welcome bonus* upon refinancing their student loans with SoFi, by visiting SoFi.com/AZBar. SoFi is the market leader of student loan refinancing and has originated $13+ billion in loans for over 200,000 borrowers. In order to receive the $300 welcome bonus*, applicants MUST apply through the SoFi.com/AZBar link.

Save on Avis, Budget and Hertz Car Rentals, UPS Shipping, Legal Software 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-CV 15-0450 - Jamie Hayward v. Arizona Central Credit Union
Whether, when a car buyer (1) sues the dealer that sold the car and recovers an award of both compensatory and punitive damages, (2) satisfies some but not all of the total judgment through garnishment, and (3) then sues the holder of the installment debt contract under the Holder Rule, 16 C.F.R. � 433.2, the amounts the buyer has recovered against the seller must be allocated first to satisfy the compensatory damage award. Read Opinion.

January 12, 2017 - 2 CA-CR 2015-0392 - State of Arizona v. Thomas L. Dean
1. Was the search warrant, which described the items to be seized as "[a]ny and all items which visually depict minors engaged in exploitive exhibition or any other sexual conduct" sufficiently particular to authorize a search of Dean's computer? 2. Was the warrant so lacking in particularity that officers could not rely on it in good faith? Read Opinion.

9th Circuit Court of Appeals

January 30, 2017 - 14-30244 - United States of America v. Michael T. Laursen
Convictions for production and possession of child pornography in violation of 18 U.S.C. sections 2251(a) and 2252A are affirmed where: 1. the government sufficiently established that the defendant, a 45-year-old man, 'used' a 16-year-old girl, to produce sexually explicit images, as required for a conviction under section 2251(a); 2. sections 2251 and 2252A are not unconstitutionally vague and overbroad, do not violate the Tenth Amendment, nor exceed Congress' power under the Commerce Clause. Read Opinion.

January 30, 2017 - 15-15320 - Charles Manley v. Michael Rowley
In a 42 U.S.C. section 1983 prisoner civil rights action, alleging Eighth and Fourteenth Amendment claims for excessive force and deliberate indifference, to a different judge, the district court's summary judgment is: 1. affirmed in part as to the deliberate indifference claim against the officer for failure to intervene, where plaintiff failed to timely exhaust his administrative remedies as to that claim; and 2. reversed in part as to the excessive force claim, where the record indicated that a genuine dispute of material fact existed regarding whether appellees' use of force resulted in the unnecessary and wanton infliction of pain or suffering. Read Opinion.


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