e-legal

Volume 11, No. 24 | November 20, 2012

 

eye on ethics

Q: A potential client wants to speak with me about firing his current attorney and hiring me instead. May I speak with the potential client even though he’s currently represented?

A: You may speak with the potential client. ER 4.2 only prohibits you from speaking with a represented person if you are doing so in representation of another client.

 

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Senate Attempts Suicide
A remarkable story from 1912, when an Arizona bill proposed eliminating that a legislative arm.

Read Magazine

 


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member news

Foundation Recognizes Attorney Tait Elkie for Four Years of Service: The Arizona Foundation for Legal Services & Education would like to thank Tait Elkie for his years of hard work and dedication to the Foundation.  Over the years Tait has volunteered his expertise on such programs as LawforKids.org and AZLawHelp.org answering hundreds of the public’s questions. Thank you for your years of service.


 

In the news

NY Fed Wins Dismissal of Ex-AIG CEO's Bailout Lawsuit: The Federal Reserve Bank of New York won the dismissal of former American International Group Inc Chief Executive Maurice "Hank" Greenberg's $25 billion lawsuit accusing it of unlawfully bailing out the insurer during the 2008 financial crisis. more»

Prospects Dim for Nationalized Law Student Pro Bono Mandate: It appears that a New York-style pro bono requirement for law students won't be going national anytime soon. Several organizations and legal leaders have asked the committee that is updating the American Bar Association's law school accreditation standards to add a 50-hour pro bono requirement, but that idea got a chilly reception from the committee at its most recent meeting on November 16 and 17. more»

 

from the bar

State Bar Offices Closed: The State Bar of Arizona will close for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23. Regular business hours will resume on Monday, November 26. more»

Justice O'Connor and Gerda Weissman Klein Talk Civic Education and Citizenship: Citizenship Counts invites you to join them for a historic event featuring two dynamic and iconic Arizona women, Supreme Court Justice Sandra Day O'Connor and Gerda Weissmann Klein, as they discuss crucial topics that are of great importance to both of them, including civics education and citizenship. more»

Governor Accepting Judicial Applications for Mohave County Superior Court: Governor Brewer announced she is currently accepting applications for a newly created judicial position on the Mohave County Superior Court. 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

November 6, 2012 - 1 CA-CR 11-0860 - State of Arizona v. Loney
1.  Did prosecutorial misconduct occur when the prosecutor suggested during closing argument that the defendant fit the profile of a sexual predator?
2.  Did the trial court fundamentally err by sentencing the defendant as a repetitive offender for both counts under Arizona Revised Statutes section 13-703(A)? Read Opinion.

November 8, 2012 - 2 CA-CR 2010-0106 - State of Arizona v. Nelson Ivan Boteo-Flores
Whether appellant’s admissions after his de facto arrest were sufficiently an act of free will to purge the primary taint of the illegal arrest and whether the state waived this argument by not raising it below. Read Opinion.



9th Circuit Court of Appeals

November 19, 2012 - 11-35699 - Slater v. Clarke
In plaintiffs' civil rights suit against several Massachusetts officials allegedly responsible for not extraditing a murderer in the months prior to the murders of their family members, district court's denial of defendants' motions to dismiss is reversed and remanded where defendants were entitled to absolute immunity to the extent they participated in making the extradition decision. Read Opinion.

November 16, 2012 - 10-36142 - Barabin v. AstenJohnson, Inc.
In plaintiffs' suit against manufacturers of dryer felts, claiming that his mesothelioma was caused by occupational exposure to asbestos contained in the dryer felts, district court's judgment in favor of the plaintiffs is vacated and remanded for a new trial where the district court abused its discretion when it failed to conduct a Daubert hearing or otherwise make relevance and reliability determinations regarding expert testimony. Read Opinion.

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