Volume 16, No. 10 | May 9, 2017

eye on ethics

Q: My law firm represents a homeowners' association. One of the HOA board members asked if I can prepare some estate planning documents for her. Is this ethically permissible?

A: Yes, unless the dual representation presents a conflict of interest with your representation of the HOA. ER 1.13, Organization as Client, permits a lawyer to represent an organization and also the organization's constituents, such as directors, officers, or employees, subject to the conflict of interest provisions of ER 1.7. See ER 1.13(g) and ER 1.7.

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member news

Volunteer Lawyers Help More Than 200 Consumers at Annual Law Day Clinic: On Saturday, April 29, the State Bar of Arizona held the 2017 Law Day Legal Aid Clinics where 28 of its members offered free one-on-one legal consultations in Phoenix and Glendale. The attorneys provided 214 consultations during the five-hour law clinic to the 205 consumers who were seen. Several attorneys offered free follow-up services after the clinic to consumers who needed additional help.

Volunteer Attorneys included: Taylor Anderson, Anderson and Cabrera Law Group, PLLC; Marysol Angulo, Hernandez Global; Rebecca E. Browning, Browning Law Office, PLLC; Tabitha Cabrera, Anderson and Cabrera Law Group, PLLC; Craig Cherney, Canterbury Law Group, LLP; Kristen DeWitt-Lopez, DeWitt-Lopez Law, PC; Thomas W. Dorsey, The Law Office of Thomas W. Dorsey, PLLC; Nina J. Edidin, My Az Lawyers; Pam Florian, Florence Project; Chris D. Graham, Christopher D. Graham, PLLC; Cody L. Hayes, Hayes Esquire, PLLC; Brant Hodyno, Brant Hodyno, Esq.; Bernard J. Johnsen, Bernard Justice Johnsen Law, PLLC; Lisa Johnson Stone, Law Offices of Stone and Davis, PC; Jeff Katz, Community Legal Services; Roman A. Kostenko, Law Office of Roman A. Kostenko, PLC; Richard Lee, Community Legal Services; Jack L. O'Connor, III, Curry, Pearson & Wooten, PLC; Alane M. Ortega, Law Office of Alane M. Ortega, PLLC; Daniel R. Ortega, III, The Law Office of Daniel R. Ortega, III; Christopher J. Piekarski, Piekarski & Brelsford, PC; Jim T. Rayburn, Rayburn Law Office; Javier Sobampo, The Sobampo Law Firm, PLLC; Fae Sowders, Sowders Law; Shawn L. Stone, Stone Law Group; Shufan Sung, Sung Law Group; Darren D. Whiting, Whiting Legal, LLC; and Jesi L. Wolnick, Manning & Kass Ellrod Ramirez Trester.

The State Bar of Arizona expresses its sincerest appreciation to its attorney and logistics volunteers, along with its media and community partners. Thank you! Read the full event recap here.

In the news

Aaron Hernandez's Murder Conviction Cleared After Suicide: Aaron Hernandez died a convicted murderer, but in the eyes of the law, his conviction has been erased. While a Massachusetts judge vacated Hernandez's murder conviction after the former NFL star's suicide, prosecutors vow it's far from over. Read more on this high-profile case here.

New Jersey Leads in Tougher Opioid Restrictions, Raises Concerns Among Doctors: The new law limits initial opioid prescriptions for acute pain to a five-day supply, though it allows doctors to renew it for another 25 days if a patient remains in pain. But as a measure of the stricter checks and balances, the new rules call for doctors to have a consultation with a patient about a request for a prescription renewal to ensure it is really needed. Doctors agree that the opioid addiction epidemic that has led to hundreds of overdose deaths in New Jersey, and thousands nationwide, must be addressed. But some say the new law could make it difficult for patients who truly are in serious pain to obtain relief. Click here to read more.

from the bar

2017 Board of Governors Elections Are Now Open! The online Board election launched on May 4. In District 6/Maricopa County, 20 candidates are vying for nine seats. In District 8/Pinal County, the incumbent is running unopposed. Meet the candidates, read their statements, and vote for them here before voting closes on May 19 at 5 p.m.

How to Make the Most of Your Convention CLE: With 49 seminars to choose from, here's a tool to help you make the most of our convention experience. Do you want to learn more about your current practice area(s), or are you interested in exploring new areas? Check out the list of seminars by specific areas or topics of general interest in this helpful index.

Attorneys in Pinal County�We Need You! Attorneys in Pinal County Needed to Help with Merit Selection Process: Apply 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. Applications accepted until the position is filled. For candidate criteria and an application click here.

Applications Being Accepted for Three Judicial Vacancies in Outlying Counties: Governor Ducey has begun accepting applications for judicial vacancies in Mohave, Yavapai and Yuma counties. Each vacancy has an application deadline, Mohave's being the earliest on May 12, 2017. To learn more about the judicial vacancies, click here.

Apply for Vacancy on Division Two of the Arizona Court of Appeals: Applications are being accepted for a vacancy on Division Two of the Arizona Court of Appeals, created by the retirement of Judge Michael O. Miller. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for the vacancy to the Governor. The application deadline is June 1, 2017. Click here to learn more.

Phoenix Attorney Richard A. Drake Suspended for Abandoning Clients and Failing to Comply with State Bar Investigations: Attorney Richard A. Drake was suspended for one year after failing to perform services for clients and failing to comply with the State Bar of Arizona's investigations. Read more on this suspension here.

Failure to Show Up to Court for Client Leads to Suspension for Attorney Garrett L. Smith of Mesa: Attorney Garrett L. Smith of Mesa was suspended after failing to represent his client in court in a criminal matter. Click here to read the details.

Judicial Ethics Charges Filed Against Pima County JOP: The Arizona Commission on Judicial Conduct announced today that the commission's disciplinary counsel has filed formal ethics charges against Pima County Justice of the Peace Paula Aboud. The statement of formal charges alleges that the judge violated a number of rules contained in the Arizona Code of Judicial Conduct for conduct that occurred during the January 2017 session of New Judge Orientation for limited jurisdiction judges. There's more on this judicial disciplinary case here.

Have You Served as a Fiduciary in Title 14 Proceedings? The Arizona Administrative Office of Courts (AOC), Court Services Division, is conducting a review of the fee guidelines contained in A.C.J.A. � 3-303, Professional Services: Statewide Fee Guidelines and Competitive Bids. Survey data is being collected from attorneys who have served as a fiduciary or provided professional services in Title 14 proceedings and sought fees from an estate under the current fee guidelines of A.C.J.A. � 3-303. If you have provided such services and sought fees pursuant to the guidelines, the AOC seeks your input via a brief 7-question survey at this link. Click here to take the survey before May 23, 2017. For questions, contact Jennifer Albright, Court Services Division, at jalbright@courts.az.gov.

Looking for a Change? Consider Applying for a Bankruptcy Judgeship in Boise: The Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for the position of Bankruptcy Judge for the District of Idaho. The term of office is 14 years with a possible renewal appointment subject to reappointment procedures. The current salary is $188,692 per annum. Applications must be in the format required by the Ninth Circuit and received by 5 p.m., Thursday, June 15, 2017 and the selection process may take up to 10 months to complete. The official duty station for this position is in Boise, ID. Learn more here.

Drive Fore Justice Golf Tournament: The Arizona Bar Foundation is hosting their 3rd annual golf tournament�Drive Fore Justice�on May 20 at Moon Valley Country Club. Sign up for a fun day of golf, prizes and dinner by clicking here!

State Bar's Leadership Institute Seeks New Generation of Leaders: We're looking for future leaders to participate in the Bar Leadership Institute. Is this your year? Find out for yourself how the BLI can foster your professional growth and enhance your leadership skills. The application deadline is June 23, 2017. More information and the online application form are available 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 - Ethical Considerations in Drafting Contracts: This free one-hour webinar at 1 p.m. on May 24 examines a variety of contract drafting scenarios and the ethical questions they present. Speaker is Claude E. Ducloux, Esq., from Member Discount Provider LawPay. Click here to register or for information.

Earn Double Reward Points with State Bar of Arizona MasterCard: Apply now for the no-annual-fee Platinum Rewards State Bar of Arizona MasterCard and earn double reward points on purchases for the first 60 days. See full terms and conditions here.

Spend Less Time Pushing Paper and More Time Practicing Law: MyCase is all-in-one, affordable, and intuitive legal practice management software. State Bar of Arizona members receive a 10% lifetime discount. MyCase apps for lawyers allows you to manage your practice from anywhere using your iPhone, iPad, Android, PC or Mac. Start your free trial or get more information here, or call 866.463.6110.

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

April 18, 2017 - 1 CA-CV 16-0156 - Digital Systems Engineering v. John Moreno and Bernadette Bruce-Moreno
Whether the superior court erred in finding appellant's wages were garnishable pursuant to Community Guardian Bank v. Hamlin, 182 Ariz. 627, 898 P.2d 1005 (App. 1995) in spite of a stipulated judgment to the contrary, to which the subject creditor consented after appellant's divorce. Read opinion.

April 7, 2017 - 2 CA-CV 2016-0130 - Ciena Capital Funding, LLC v. Krieg's Inc.
1. Is this contract dispute governed by Arizona law or by New York law? 2. Did the trial court err in granting partial summary judgment for the creditor and holding the guarantors liable for breach of contract following the debtor's bankruptcy? 3. Was there a genuine issue of material fact as to the date of breach? Read opinion.

9th Circuit Court of Appeals

May 8, 2017 - 14-16432 - Theresa Cameranesi v. U.S. Department of Defense
In an action under the Freedom of Information Act (FOIA) against the United States Department of Defense seeking the names of foreign students and instructors at the Western Hemisphere Institute for Security Cooperation, the district court's summary judgment in favor of plaintiffs is reversed where disclosure of the names of the foreign students and instructors would constitute a clearly unwarranted invasion of personal privacy, and was exempt from disclosure under Exemption 6 of FOIA, which provides that FOIA 'does not apply to ... personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy,' 5 U.S.C. section 552(b)(6). Read opinion.

May 5, 2017 - 14-16514 - Kirk C. Fisher v. Louis Kealoha
In an action challenging the constitutionality of section 134-7 of the Hawaii Revised Statues, which prohibit plaintiff from owning or possessing firearms because of his 1997 state law conviction for harassment, the district court's summary judgment is affirmed where: 1. although plaintiff stated that he challenged only section 134-7 of the Hawaii Revised Statute, that statute, in relevant part, merely incorporated federal law; and 2. plaintiff's argument that his harassment conviction occurred many years ago, and that he has not committed any other crimes since that time, was not meaningfully distinguishable from the argument that this court rejected in US v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013). Read opinion.


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