Volume 16, No. 15 | July 18, 2017

eye on ethics

Q: I received an alert about a defective motor vehicle product recall. Am I allowed to call my former clients to see if any of them would like to pursue a claim against the manufacturer?

A: Yes. The prohibition against real-time or in-person solicitation of professional employment ordinarily does not apply when the lawyer contacts someone with whom the lawyer has a prior professional relationship. Thus, you may solicit your former clients for business, unless they have made known a desire not to be solicited by you, the solicitation involves coercion, duress, or harassment, or the solicitation relates to a personal injury or wrongful death and is made within 30 days of such occurrence. See ER 7.3(a)-(b) and cmt. 5.

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member news

AzCourtHelp.org Earns National and International Accolades: The National Association for Court Management (NACM) presented this year's Top 10 Court Technology Solutions Awards during its annual conference last week with the top honors going to AzCourtHelp.org. It is Arizona's new statewide virtual legal resource center, which launched in January 2017. The award honors courts that make the best use of technology to improve court services and access to the public. AzCourtHelp.org beat entries from Dubai, Rwanda, and several US states. The State Bar of Arizona congratulates the Arizona Supreme Court for its international award! Click here to learn more about AzCourtHelp.org and the award.

In the news

As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away: Tens of thousands of people who took out private loans to pay for college but have not been able to keep up payments may get their debts wiped away because critical paperwork is missing. The troubled loans, which total at least $5 billion, are at the center of a protracted legal dispute between the student borrowers and a group of creditors who have aggressively pursued them in court after they fell behind on payments. Learn more about the student loan debacle here.

Fugitive Lawyer Sentenced in $550M Disability Scheme Spotted in New Mexico: A lawyer who fled after pleading guilty in a $550 million disability fraud scheme has been sentenced in absentia to 12 years in prison, the maximum. The lawyer, Eric Conn, was recently spotted on surveillance cameras at a gas station and Walmart in New Mexico. Conn had fled June 2 after pleading guilty to allegations that he submitted false medical documents and bribed an administrative law judge, obligating the government to pay more than $550 million in lifetime disability payments. Click here to read more on this case.

from the bar

Three Days Left to 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.

Online MCLE Affidavit Filing Now Open! The deadline to file your 2016-17 MCLE affidavit is September 15. Avoid paying late filing fees by visiting your personalized CLE tracking page on the State Bar of Arizona members' website. You can quickly and easily submit your affidavit today. Click here.

Comment on Small Claims Case Processing at the Arizona Supreme Court: The Committee on Improving Small Claims Case Processing at the Arizona Supreme Court is proposing changes to a set of court rules for small claims cases to assist in expediting the process for litigants. These rules would change the process of a small claims case, so it could proceed through the court with more similarity to an eviction case. A hearing would be set at the time the complaint is filed, and the filing of an answer by the defendant would be optional, instead of mandatory. Because of this shift in case processing, the Committee invites your feedback on the current draft set of rules by Friday, August 4. Click here to read proposed changes.

Cochise County Superior Court Accepting Applications for On-Call Justice of the Peace Pro Tempore: Cochise County's Justice Court Judge Pro Tempore Selection Committee is accepting applications for the position of On-Call Justice of the Peace Pro Tempore. The appointment is valid through June 30, 2018 and subject to renewal every 12 months. To learn more about this new position, click 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 appoint the new judge. To view the candidate applications click here.

Bankruptcy Attorney David R. Wroblewski Disbarred: Attorney David R. Wroblewski was disbarred by consent while serving a four-year suspension. On June 30, 2017, the Presiding Disciplinary Judge of the Arizona Supreme Court accepted Wroblewski's consent to disbarment. Wroblewski was serving a four-year suspension after winning an appeal stemming from a disbarment ordered on Dec. 11, 2015. Read more on this discipline 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! 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 submits nominations to the Governor who appointments commissioners. 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 - Better Lawyering Through Mindfulness: The undeniable benefits of mindfulness have led to it being adopted and implemented by all types and sizes of businesses, from Fortune 500 companies to startups. Read more about it here from State Bar Member Discount Provider Clio.

Concerned About the Security of Your Email Attachments? State Bar of Arizona members receive a 10% discount for life with Citrix ShareFile, which provides secure file sharing on any device, anywhere. For a free trial or more information, please click here.

Save Time and Money With Office Depot, Online and In the Store: State Bar of Arizona members receive 10% off Office Depot web prices; click here for more information. Prefer to shop in the store? Click here to print out your State Bar of Arizona discount card.

More State Bar Member Discounts: 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 29, 2017 - 1 CA-CV 16-0253 - US Bank v. J.P. Morgan Chase Bank
1. Whether the replacement doctrine of subrogation applies in Arizona when a senior debt is replaced with a subsequent debt. 2. Whether the doctrine of equitable subrogation applies in Arizona when the entire obligation secured by the senior lien is not satisfied and the senior lien is not released. Read opinion.

June 23, 2017 - 2 CA-CR 2015-0229 - State of Arizona v. Anthony L. Hernandez.
Did law enforcement officers violate appellant's Fourth Amendment rights by following him onto private property to complete a stop for a civil traffic infraction? Read opinion.

9th Circuit Court of Appeals

July 7, 2017 - 15-60045 - Deborah L. Partida v. U.S. Department of Justice
Affirming the Bankruptcy Appellate Panel's determination that the Bankruptcy Code's automatic stay provision does not prevent the government from collecting criminal restitution under the Mandatory Victims Restitution Act. Read opinion.

July 7, 2017 - 13-55584 - Willie U. Grant v. Gary Swarthout, Warden
Reversing the district court's dismissal of an untimely habeas corpus petition and remanding for proceedings to determine the prisoner's right to equitable tolling, finding that where a prisoner is dependent on prison officials to complete a task necessary to file a federal habeas petition and the staff fails to do so promptly, this constitutes extraordinary circumstances. Read opinion.


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