Volume 16, No. 4 | February 14, 2017

eye on ethics

Q: I am an out-of-state lawyer working for an Arizona business as registered in-house counsel pursuant to Rule 38(a). May I volunteer with an Arizona legal services organization to provide pro bono representation to Arizona clients?

A: Yes, as long as you volunteering with an "approved legal services organization"�one that has been approved by the Supreme Court of Arizona�and you meet several other criteria specified in Rule 38(e) of the Rules of the Supreme Court of Arizona.

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Attorney�Leader Passes
Steve Hirsch was a longtime Arizona lawyer and served in the community and on the State Bar Board of Governors. His death came far too soon, but he left a legacy of lessons about service and family. .

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member news

32 Volunteer Attorneys Helped At-Risk and Homeless Vets at Arizona StandDown: : The State Bar of Arizona and 32 of its members participated in the 2017 Arizona StandDown at the Veterans Memorial Coliseum on February 9-11. The Bar and volunteer attorneys joined several service providers at the three-day event that offered a variety of free health and human services to at-risk and homeless veterans in our state. Volunteer attorneys from across the State sat with 258 veterans and offered 279 one-on-one consultations at the civil legal clinic.

The following attorneys helped to make this veterans event a tremendous success: Stockton Banfield, Udall Shumway; John G. Bednarz, John Bednarz, PC; David Bonfiglio, David T. Bonfiglio, PC; Amanda Caldwell, Community Legal Services; Regina Caragher, Community Legal Services; S. Alan Cook, S. Alan Cook, PC; Rita Daninger, Daninger Law; Nancy Davidson, Davidson Law, LLC; Diane Drain, Law Office of D. L. Drain, PA; Nathan Finch, Catalyst Legal Group, PLLC; Peter Gustafson, Gustafson Law Office, PLLC; Brant Hodyno, Brant Hodyno, Esq; Bernard Johnson, Magellan Law Firm, PLC; Lisa Johnson-Stone, Stone & Davis; Marisa Kotalik, Amicus Law Group; Michael Langford, Langford Law Office, PLLC; Amanda Mays, Mays & Zitron, PLLC; Kristyn Meulenberg, Mahoney Law Office; Lorraine Morey, Morey Law, PLLC; Kareen O�Brien, Stewart Law Group; Trail Potter, Potter Law Firm; Bret Rasner, Community Legal Services; Kenneth Royer, Royer Law Office, PC; Carlene Simmons, Simmons & Greene, PC; Shawn Stone, Stone Law Group; Dianne Sullivan, Stewart Law Group; Michael Thrall, Catalyst Legal Group, PLLC; Keo�Vonne Wilson, Keo'Vonne Wilson, PLLC; Marc Windtberg, Windtberg & Zdancewicz, PLC; and Jordan Zitron, Mays & Zitron, PLLC.

Adding to the clinic's success was a team from Community Legal Services, students from Summit Law School, and community volunteers. The State Bar thanks everyone who helped our country's vets!

In the news

Defense Lawyers May Obtain Lethal Drugs on Their Own for Clients, Arizona Execution Protocol Says: Defense lawyers who object to Arizona's execution drugs may obtain drugs on their own to execute their clients, according to an execution protocol announced last month. That kind of "do-it-yourself execution" appears to be unique in the United States, the Arizona Republic reports. Read more on the execution protocol here.

Father of Tesla Driver Says Daughter Would Be Alive if Crash Happened in Different Vehicle: There is no doubt Casey Speckman was drunk when she crashed her boss's Tesla in a fiery, explosive wreck that killed him and herself. But her father said he has no doubt that her odds of surviving the downtown accident in November would have been much better in any other car. The luxury electric sports car is powered by a 1,200-pound battery pack made up of several thousand small lithium batteries. The force of the crash broke apart the battery pack. Read more about the fatal accident and exploding lithium batteries here.

from the bar

Annual Fees Were Due February 1: If you have not paid your dues, please be aware that additional late fees will apply after March 1, 2017. Click here to pay now.

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.

There's Still Time to Register for the 2017 ABA TECHSHOW: This annual conference and expo, being held in downtown Chicago, runs from March 15 � 18. Topics include Trends in the Profession; Document Generation, Automation and Security; Money Matters and more. A complete schedule is available here.

Public Asked for Input on Candidates for Arizona Court of Appeals by Thursday: 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 received by Thursday, February 16. View the five applicants by clicking here.

Apply for Vacancy on the Pima County Superior Court by March 3: Applications are being accepted for a vacancy on the Superior Court in Pima County, created by the retirement of Judge K.C. Stanford. The judicial application has been revised, and includes all new instructions and questions. If you applied for a recent vacancy in Pima County, you will need to reapply to be considered. Click here to learn more about the vacancy and how to apply.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that deserving colleagues are recognized for their contributions to the legal profession. Nominations for the 2017 State Bar awards are now being accepted through March 22, 2017 at 5 p.m. Visit the Bar's awards page for more information and the nomination form.

There's Still Time to Get Involved in the Merit Selection Process: Apply by Wednesday, March 28 to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Pinal County Supervisorial District 2. The Commission screens judicial applicants and submit nominations to the Governor for his ultimate appointment to fill positions on the Pinal Superior Court bench. For candidate criteria and an application click here.

Get Engaged in Selecting Scottsdale City Judges: Apply by March 29 to serve on Scottsdale's Judicial Appointments Advisory Board. Applicants must reside in Scottsdale. Volunteer Board members screen and recommend municipal court judicial candidates to Scottsdale's City Council for its selection. For more information and an application click here.

Help Select Surprise City Judges: Apply by March 29 to serve on Surprise's Judicial Selection Advisory Commission. Applicants must reside in Maricopa County. Volunteer Commissioners screen and recommend municipal court judicial candidates to Surprise's City Council for its selection. For more information and an application click here.

Governor Ducey Appoints Attorneys Adam Driggs and Ronda Fisk to Maricopa County Superior Court: Adam Driggs is the founding partner of Driggs Law Group. He represents clients in immigration, employment, criminal, and civil litigation matters. He served in the Arizona House of Representatives from 2007 to 2010, and in the Arizona State Senate from 2011 to 2016. Adam served as chairman of the Judiciary Committee in both the House and the Senate. Ronda Fisk is a partner at Osborn Maledon, where she practices employment law, health care law, and commercial litigation. Ronda previously clerked for Chief Justice Charles Jones of the Arizona Supreme Court. Read more on the appointments 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.

Survey Reveals Broad Support for Reforms to Bail Practices, Fines and Fees: Arizona voters support changes in pretrial detention and release practices as well as the way courts impose fines and fees. Arizona State University's Morrison Institute for Public Policy surveyed registered voters in November and December 2016 and the results show strong support for reforms proposed by the Arizona Supreme Court's Task Force on Fair Justice for All: Court-Ordered Fines, Penalties, Fees, and Pretrial Release Policies. Click here to see what the survey revealed.

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 - What Are the Top Five Problems Leading to Grievances Against Lawyers in Client Relationships? Find out in this free one-hour webinar on February 28 at 2 p.m., presented by Member Discount Provider LawPay. Click here to find out more and register.

Are You In a Small to Mid-size Law Firm, and Looking for Practice Management Software? State Bar members receive a 10% lifetime discount on Clio, the practice management software specifically designed for small to medium-sized firms. Use promo code AZBAR and click here.

Wish You Had a Full-time Receptionist, but Don't Have the Budget to Hire One? Ruby Receptionists is a live, custom virtual receptionist service. State Bar members receive a 10% discount. To learn more, go to www.callruby.com/azbar or call 866.611.7829.

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 12, 2017 - 1 CA-CV 15-0505 - Emma Spring v. Timothy R. Bradford
Whether expert witnesses are automatically exempt from sequestration under Arizona Rule of Evidence 615 (particularly, under the exemption for "essential" witnesses found in Rule 615(c)). Read Opinion.

February 3, 2017 - 2 CA-CV 2016-0104 - Maricruz Zuluaga v. Bashas' Inc, DBA Food City
In this negligence action against a grocery store, did the court err: 1) by limiting the scope of plaintiff�s voir dire when it precluded counsel from asking prospective jurors questions relating to whether they, their relatives, or their close friends had ever worked at a grocery store; and, 2) by giving a curative instruction after plaintiff's counsel mentioned during opening statements the manner and timing of defendant's disclosure of an incident report containing employee statements made shortly after the accident? Read Opinion.

9th Circuit Court of Appeals

February 10, 2017 - 15-15098 - Sundus S. Saleh v. George W. Bush Administration
In a suit alleging that former officials of the President George W. Bush administration engaged in the war against Iraq in violation of the Alien Tort Statute, in which the court, pursuant to the Westfall Act, substituted former officials of the President George W. Bush administration for the United States as the sole defendant, the district court's dismissal of the action is affirmed where plaintiff failed to exhaust her administrative remedies. Read Opinion.

February 9, 2017 - 14-16701 - Design Data Corporation v. Unigate Enterprise, Inc.
In an action under the Copyright Act, alleging defendant infringed the copyright on plaintiff's computer aided design program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program, the district court's summary judgment is: 1) affirmed in part on the importation-and-distribution claim, where the copyright in the program did not extend to the program�s output of images and files; and 2) reversed in part as to the downloading claim, where there was a material question of fact whether defendant's download was more than an insignificant violation of plaintiff's copyright. Read Opinion.


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