Volume 16, No. 18 | August 29, 2017

eye on ethics

Q: I consulted with a prospective estate planning client who is of limited resources. To make my services more affordable, may I limit my representation to preparing only a simple will, without any additional documents such as trusts or powers of attorney?

A: Perhaps, but only if this limitation is reasonable under the circumstances and the client gives informed consent to this limited-scope representation. See ER 1.2(c). You should consider the size and complexity of the estate, among other factors, in determining whether the proposed limitation is reasonable.

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Splitting the Circuit
Authors pro and con debate whether to split the Ninth Circuit Court of Appeals.

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2017 MCLE Deadline

member news

Attorney Dee-Dee Samet of Tucson Honored With Inaugural Award by Pima County Bar Foundation: The Pima County Foundation honored Dee-Dee Samet of Tucson with its first Excellence in Public Service Award. "In following her own heart, Dee-Dee has enriched the lives of thousands who have been served by the organizations and interests she has served," said E. Hardy Smith, President of the Pima County Bar Foundation. "As the foundation's first honoree, Dee-Dee has established the standard to which all who follow must aspire," he added. Congratulations, Dee-Dee!

In the news

Explosion, Fire at Lone Star Legal Aid Amid Flooding: An explosion has caused a significant fire to the offices of Lone Star Legal Aid in downtown Houston. The fire caused heavy damage to a three-story building that served as headquarters for a non-profit that, among other things, has provided legal support to thousands of hurricane and flood victims. Read more here.

Sarah Palin's Defamation Suit Against New York Times Is Dismissed: A federal judge on Tuesday dismissed a defamation lawsuit filed by the former vice-presidential candidate Sarah Palin against The New York Times, saying Ms. Palin's complaint failed to show that a mistake in an editorial was made maliciously. "Negligence this may be; but defamation of a public figure it plainly is not," said Judge Jed S. Rakoff of Federal District Court in Manhattan. Read more on the dismissed lawsuit here.

Man Who Won Millions Rigging Lottery System Sentenced to 25 Years in Prison: A former Iowa Lottery employee who won millions by rigging the lottery system in several states was sentenced to 25 years in prison Tuesday. Eddie Tipton, 54, who was a computer programmer in Multi State Lottery Association in Iowa, messed with the system to allow him and his brother Tommy to win jackpots in several states. Read the rest of this guy's legal gamble here.

from the bar

State Bar Closed for Labor Day Holiday: Bar offices in Phoenix and Tucson will close at 3 p.m. on Friday, September 1 and will resume regular business hours on Tuesday, September 5 in observance of the Labor Day holiday.

Online MCLE Deadline is Looming! 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.

Help the State Bar Recruit Applicants for an Outlying County Public Board Member Opening: The State Bar of Arizona's Board of Governors seeks applications from non-lawyers to fill one seat on its Board. Because the Board already has representatives from Maricopa County, applicants must be from a different Arizona county. The application deadline is Wednesday, September 6, 2017. Participation of public members is essential to the State Bar's mission of serving and protecting the public with respect to the provision of legal services and access to justice, and its efforts of making sure the people of Arizona have a strong voice in the legal system. For more information, click here.

Comment on Performance of Justices and Judges on 2018 General Election Ballot: The Arizona Commission on Judicial Performance Review will hold a public hearing on September 8, 2017 in Phoenix to take comments about the judges on the 2018 retention election ballot. The one-hour public hearing will begin at 10:30 a.m. in Room 345 of the State Courts Building, 1501 W. Washington Street. The Commission's findings will be released to the public before the 2018 general election in the Secretary of State's Voter Pamphlet. Click here to learn more.

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.

Four Judicial Nominating Commissions Now Accepting Applications: Four non-partisan commissions, chaired by the Chief Justice of the Arizona Supreme Court (or his designee), are seeking applicants. Primary responsibility is to screen, interview and recommend judicial candidates to the Governor of Arizona for the Governor's final selection to fill judicial vacancies. The four commissions are: Arizona Commission on Appellate Court Appointments (non-Maricopa County position); Maricopa County Commission on Trial Court Appointments (Supervisorial District 1 or 5); Pima County Commission on Trial Court Appointments (SD 4 or 5); and Pinal County Commission on Trial Court Appointments (SD 2, 3 or 5). To learn more, or apply, 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.

Comment on Proposed Revised Local Rules of Practice for Pima County Superior Court: The Pima County Superior Court has proposed a new local rule of practice and procedure. Proposed amendments are available here. Comments during this pre-submission period are invited until 12 p.m. on Friday, September 22, 2017 and should be submitted to the Pima County Superior Court. That court will consider the comments and may then formally request that the Arizona Supreme Court adopt any amendments through its rules process.

State Bar's Leadership Institute Selects 2017-18 Participants: Seventeen attorneys from across the state have been selected to participate in the State Bar of Arizona's 2017-18 Bar Leadership Institute (BLI). View the complete roster here. To learn about the BLI click here.

Nine Judicial Nominees Announced for Maricopa County Supreme Court: The Maricopa County Commission on Trial Court Appointments has recommended nine candidates to Governor Doug Ducey for an opening on the Maricopa County Superior Court. The opening was created by the retirement of Judge Edward W. Bassett. View the nominees here.

Pima County Judicial Nominees Announced: After the Pima County Commission on Trial Court Appointments voted on the slate of nominees in July, it was discovered that a nominee's political affiliation had changed. Consequently, the list did not meet the requirements of article 6, � 37(B) of the Arizona Constitution. The Commission voted on a new list and has recommended five candidates. View the candidates here.

Keep an Eye out for 2017 Appellate Courts Performance Survey in October: The Arizona Appellate Courts will administer a biennial survey seeking input regarding appellate court performance. Chief Justice Scott Bales authorized the survey in an effort to enhance the accountability of the Arizona Supreme Court and both Divisions of the Arizona Court of Appeals. The survey will seek input from superior court judges, as well as attorneys who participate directly or indirectly in appellate cases. Respondents will be asked to rate each court's performance in areas common to all appellate courts, as well as in areas unique to each court. The anonymous surveys will be sent in early October. For more information email azappellatecrtsurvey@courts.az.gov.

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 - Increase Your Productivity and Improve Your Practice and Your Life: This free webinar on September 14 focuses on strategies to help you do just that. Nora Bergman, Law Firm Business Coach and author of "50 Lessons for Lawyers" is the speaker. This practice tip brought to you by Member Discount Provider MyCase. For more information or to register, click here.

Earn Double Reward Points With State Bar of Arizona Mastercard: Apply now for the State Bar of Arizona ATIRAcredit Platinum Rewards Mastercard and earn 2X reward points on qualified purchases for your first 60 days after account opening. Click here for more information and to apply.

Save Money on Car Insurance: You could qualify for an exclusive State Bar member discount with GEICO. For a no-obligation quote, click here or call 800.368.2734.

Save on Car Rentals, Shipping, Insurance 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

July 20, 2017 - 1 CA-CV 16-0316-FC - Gus T. Schultz v. Taryn C. Schultz
Whether father, when he made spousal maintenance payments directly to mother rather than through the Clearinghouse, should be entitled to credit for those payments. Read opinion.

Division Two Opinion Not Available

9th Circuit Court of Appeals

August 25, 2017 - 16-30096 - United States of America v. Robby Lee Robinson
Vacating and remanding for resentencing a conviction for second-degree assault because the district court erred in determining that a prior Washington second-degree assault conviction was a crime of violence. Read opinion.

August 25, 2017 - 15-15117 - First Amendment Coalition v. U.S. Department of Justice
Reversing the district court's denial of attorney fees under the Freedom of Information Act in the case of a nonprofit organization's pursuit of documents seeking the release of legal memoranda relating to the use of drones to kill US citizen terrorists abroad because the district court abused its discretion when it failed to consider and apply the relevant factors relating to the release of documents to determine whether the plaintiffs 'substantially prevailed.' Read opinion.


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