Volume 16, No. 14 | July 5, 2017

eye on ethics

Q: I am drafting a conflict waiver for my client to sign. Where can I find a definition for "informed consent?"

A: Refer to ER 1.0(e), defining informed consent as "the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct."

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Top Verdicts
Our June cover story reviews the largest 2016 jury verdicts, including defense verdicts, from the past year.

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member news

Phoenix Firm Jaburg Wilk Donated 17,000 Water Bottles to Phoenix Rescue Mission: The Phoenix law firm of Jaburg Wilk supported the Phoenix Rescue Mission�s Code Red water collection program for a third consecutive year in June. This year, the firm collected and donated more than 17,000 bottles of water to Code Red. The program provides water to men, women and children in our community who struggle with homelessness, addiction, and trauma during record-breaking heat spells. The State Bar applauds Jaburg Wilk for their contributions to the Phoenix Rescue Mission!

In the news

Feds Say Arizona Utility Bribery Scheme Stemmed from 'Larger Investigation': Federal prosecutors say the indictment of a former Arizona utility regulator and three others in an alleged bribery scheme aimed at benefiting a water company owner stems from a "much larger and more intensive investigation." Read this developing story here.

Proposed '18 Budget Would Cut LSC by 24%, Increase Funds for Law Enforcement and Immigration Court: The U.S. House of Representatives subcommittee responsible for appropriating money for the Department of Justice has released its proposed budget for fiscal year 2018. The proposed appropriations bill from the Subcommittee on Commerce, Justice, Science and Related Agencies would cut $2.6 billion compared to fiscal year 2017, but its budget of $54 billion is $4.8 billion higher than the one proposed by the Trump administration. If this bill is not amended, then the Legal Services Corp.�which is the largest source of legal aid funding in the country�would see its budget slashed by 24 percent. Click here for more details.

from the bar

Share Your Thoughts on the Proposed New Civil Jury Instructions: State Bar members are invited to comment on proposed new civil jury instructions covering "Nuisance Damages." Please submit your comments to Ilona.Kukan@staff.azbar.org by July 21, 2017. Click here to learn more and get started.

Comment on 19 Applicants for Arizona Court of Appeals by July 18: The Commission on Appellate Court Appointments seeks public comment on 19 applicants for an opening on Division One of the Arizona Court of Appeals created by the retirement of Judge Donn Kessler. Applications will be reviewed and comments will be heard on July 18, 2017. The Commission will also decide which applicants will be interviewed for the opening. Learn more and review the applications by clicking here.

Share Your Input on 10 Candidates for Pima County Superior Court: The Pima County Commission on Trial Court Appointments is asking for public input on 10 candidates for two vacancies on the Pima County Superior Court created by the retirement of Judges Jane L. Eikleberry and Richard Nichols. The Commission will interview the candidates on July 27, 2017 and will make its recommendations to the Governor who will appoint the new judges. Click here to learn more about the candidates.

Public Asked for Input on Seven Candidates for Arizona Court of Appeals: The Commission on Appellate Court Appointments is asking for public comment on seven candidates for an opening on Division Two of the Arizona Court of Appeals. The vacancy results from the retirement of Judge Michael O. Miller. The Commission will interview the candidates on July 31 and will make its recommendations to the Governor who will make the appointment of the new judge. To view the candidate applications click here.

Prescott Attorney Suspended for Six Months for Felony Conviction: Attorney Michael P. Thieme of Prescott was suspended from the State Bar of Arizona after being convicted of Criminal Damage and Driving Under the Influence. Learn more about this suspension here.

Attorney Barry G. Nelson of Tucson Suspended for Six Months for Keeping Unearned Fees: The Presiding Disciplinary Judge of the Arizona Supreme Court approved an agreement for discipline by consent between Nelson and the State Bar of Arizona that resulted in a six-month suspension. Read more on this disciplinary case here.

Arizona Supreme Court Seeks Committee Members: Apply by September 6 to serve on the Court's Committee on Character and Fitness or its Committee on Examinations. For candidate criteria, estimated time commitment, length of terms and an application form click here.

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.

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 - Do You 'Dabble' in Matters Outside Your Practice Area? Statistically, up to 59% of all losses occur outside a lawyer's or law firm's primary area of practice. Click here for information from State Bar Member Discount provider Ahern Insurance, a professional liability insurance brokerage firm.

Don't Have the Budget for a Full-time Receptionist? Check out Ruby Receptionists, 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.

Earn Double Reward Points With No Annual Fee: 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.

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

June 20, 2017 - 1 CA-CV 16-0259 - Mohave County v. Arizona Department of Water Resources
Whether the $10,000 cap in A.R.S. � 12-348(E)(4) applies to an award of attorneys' fees made pursuant to A.R.S. �12-348.01. Read opinion.

June 19, 2017 - 2 CA-CV 2016-0029 In re the Marriage of Lisa J. Friedman and David C. Roels, Jr.
Did the trial court abuse its discretion in awarding paternal grandparents third-party visitation with the minor children under A.R.S. � 25-409(C) and (F), and did it accord sufficient weight to the mother's objection, as required by subsection (E), in concluding visitation was nevertheless in the children's best interests? Read opinion.

9th Circuit Court of Appeals

June 28, 2017 - 16-10177 - United States v. Miguel Perez-Silvan
Sentence for illegal reentry after deportation is affirmed where even if the defendant's appeal from the judgment revoking supervised release had been timely, he waived his ability to contest the revocation by neglecting to brief the merits. Read opinion.

June 28, 2017 - 15-56402 - Michael M. Sato v. Orange County Department of Education
Affirming the district court's dismissal of a former Orange County Department of Education employee's Fourteenth Amendment and breach of contract claims, finding that the OCDE is entitled to sovereign immunity. Read opinion.


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