e-legal

Volume 11, No. 23 | November 6, 2012

 

eye on ethics

Q: I represent a company in a labor dispute with some employees. Now, I have a potential client who wants to sue the same company for a completely unrelated slip-and-fall matter. Is this a conflict of interest?

A: Yes--under ER 1.7(a)(1)--because  you will have two clients adverse to each other. The fact the matters are unrelated does not resolve the conflict. See Comment 6 to ER 1.7. However, the conflict may be waivable. See ER 1.7(b) for the three-part test for waivability.

 

 

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Attorneys Report High Satisfaction
Read our article detailing the results of the State Bar’s lawyer satisfaction survey.

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member news

Member of the Year, Hall of Fame Inductees Honored at Annual Meeting Luncheon: The Maricopa County Bar named Hon. Glenn Davis as Member of the Year and honored ten Hall of Fame inductees at their annual meeting in October.


 

In the news

Campaigns Lawyered Up for Election Overtime Chance: Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted. more�

Unlocking the Mystery - Nonequity Partner Pay Has Been a Big Secret at American Law Firms, Until Now: You could call it the last black box. For more than three decades, The American Lawyer has ranked profits per partner at Am Law 200 firms. Parsing and comparing those equity partner paychecks has become routine sport among law firm leaders, consultants, and recruiters. Associate compensation is put under the same microscope—salaries and bonuses appear on news sites and blogs minutes after their announcement or distribution. But compensation for nonequity partners, the fastest-growing cohort in The Am Law 200, has remained largely opaque. Until now. more�

 

from the bar

Change in Rules for Filing Special Actions: Court of Appeals, Division I has made some changes to how Special Actions are filed in their court. The changes will take effect, Jan. 1, 2013. more�

Help to Maintain the Integrity of Judicial System: The State Bar Standing Appointments Committee is seeking applicants for the Arizona Commission on Judicial Conduct. The commission addresses issues concerning the interpretation of the Canons of Judicial Ethics and investigates complaints against members of Arizona’s judiciary.   Interested and qualified attorneys are encouraged to apply by Tuesday, November 13. more�

Make a Difference in Native American Legal Services: The State Bar of Arizona Standing Appointments Committee is seeking applicants for the DNA-People’s Legal Services, Inc. Board of Directors. The board provides direction to the largest Native American legal services program in the country. Interested and qualified attorneys are encouraged to apply by Tuesday, November 13. more�

Phoenix Attorney Ryan M. Wackerly Suspended from the Practice of Law for Non-Compliance: Attorney Ryan M. Wackerly of Phoenix was suspended from the practice of law for six months and one day after failing to comply with probation terms from an earlier sanction imposed on March 20, 2012. more�

Benefits of Mentors. It Takes Two: Starting out in the legal world can be complicated and intimidating. That’s why mentorship is so important. Join the State Bar at a free lunch and learn on Tuesday, November 13, where Candyce Pardee, a successful mentor, will share the benefits of and for mentors. more�

Byron McCormick Society for Law and Public Affairs Lecture this Thursday: Join the James E. Rogers College of Law as it hosts the 2012 Byron McCormick Society for Law and Public Affairs Lecture featuring Morris Dees, Founder and Chief Trial Attorney of the Southern Poverty Law Center. His lecture, "With Justice for All," will be held on Thursday, November 8. more�

Iranian American Bar Association Welcomes You: The newly formed Iranian American Bar Association would like to invite members of the Phoenix legal community to a meet and greet reception on Thursday, November 8. Learn more about the organization and mingle with legal colleagues. more�

Give to Legal Charities and Earn a Tax Credit at the Same Time!: How would you like to donate money to help legal services in Arizona and then get all that money back? You can do it by making a donation to legal aid organizations that qualify for the Working Poor Tax Credit. more�

Support the Judge John Roll Memorial Scholarship Fund: Learn how to sponsor a runner in this year’s P.F. Chang’s Rock ‘n’ Roll Arizona Marathon and Half Marathon. Proceeds from the legal community benefit the Fund. more�
 

court decisions


Arizona Court of Appeals
Division One
Division Two

October 2, 2012 - 1 CA-CV 11-0269 - Walsh v. Walsh
1. Did the trial court err in applying a "realizable benefits" standard and limiting the community's interest in Husband’s professional goodwill to the stock redemption value in his current law firm?

2. Did the trial court err in failing to make an upward adjustment from the presumptive child support amount proscribed by the Guidelines? Read Opinion.

October 31, 2012 - 2 CA-CR 2012-0059 - State of Arizona v. Kwame Roy Lowery
Does A.R.S. � 13-3821, Arizona’s sex offender registration statute, violate a registrant’s right to equal protection under the federal and state constitutions? Did the trial court err in determining sufficient evidence supported Lowery’s conviction under � 13-3821? Did the trial court commit fundamental error by permitting a detective’s testimony interpreting � 13-3821? Read Opinion.


9th Circuit Court of Appeals

November 5, 2012 - 11-16629 - Akhtar v. Mesa
In a prisoner's civil rights suit alleging deliberate indifference to serious medical needs, district court's dismissal of the complaint is vacated and remanded where: 1) given plaintiff's pro se status, limited English skills and disabilities, the district court erred by refusing to consider arguments that plaintiff raised for the first time in his objections to a magistrate judge's findings and recommendations on defendants' motion to dismiss; 2) plaintiff had provided enough detail in his administrative grievance to exhaust his Eighth Amendment claim because the grievance gave notice that defendants had failed to comply with plaintiff's medical "chrono" requiring him to be housed in a ground-floor cell; 3) the complaint set forth sufficient facts to show that defendants were deliberately indifferent when they failed to comply with the medical chrono; and 4) the district court erred by dismissing the complaint without explaining the deficiencies in the complaint and without providing plaintiff notice pursuant to Rand v. Rowland. Read Opinion.

November 5, 2012 - 11-35332 - Parrish v. Commissionar of Social Security Administration
District court's order reducing the amount of attorneys' fees for representing a claimant in a Social Security benefits claims is affirmed where: 1) under the plain language of section 406(b)(1) of the Social Security Act , a federal court may consider an attorney's representation of the client throughout the case in determining whether a fee award is reasonable; and 2) if a court awards attorney fees under section 2412(d)of the Equal Access to Justice Act (EAJA) for the representation of a Social Security claimant on an action for past-due benefits, and also awards attorney fees under section 406(b)(1) for representation of the same claimant in connection with the same claim, the claimant's attorney receives fees for the same work under section 2412(d) and section 406(b)(1) for purposes of the EAJA savings provision. Read Opinion.

 

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