e-legal

Volume 12, No. 2 | January 22, 2013 

eye on ethics

Q: I think opposing counsel violated one or more ethical rules. Do I have to report them to the State Bar?

A: If you have actual knowledge that opposing counsel violated an ethical rule, or can infer a violation from the surrounding circumstances, and the violation raises a substantial question regarding the lawyer�s honesty, trustworthiness, or fitness to practice as a lawyer in other respects, you are required to report the misconduct to the State Bar. See, ER 1.0(f), ER 8.3(a).

 

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Talking, Listening
Attorneys know how to talk, but can they explain issues in ways clients understand?

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member news

Board of Governors Recognizes Allison Clemency: Allison Nora Clemency, a 2012 graduate of the Sandra Day O�Connor College of Law at Arizona State University, achieved the highest score on the July 2012 Arizona Uniform Bar Exam. She is employed by Cohen Kennedy Dowd & Quigley PC, and was honored at the December 14th meeting of the Board of Governors.

 

In the news

Job Growth In Legal Services Lagged Behind National Rate In 2012: The preliminary jobs numbers for 2012 are in, and while last year's herky-jerky hiring in the legal sector resulted in a net increase of 7,800 jobs for the year�or 0.7 percent more than in 2011�the legal industry nonetheless grew at just half the rate of the broader economy, where the total number of jobs increased 1.4 percent, according to the Bureau of Labor Statistics. more�

Oprah Interview Marks Beginning of Armstrong's Next Legal Battle: Lance Armstrong's decadelong fight to clear his name of performance-enhancing drug use officially ended this week with a much-publicized interview with Oprah Winfrey. more� 


 

from the bar

Only Ten Days Left to File Your State Bar Annual Statement and Dues Online: The State Bar would like to remind you that it will not be mailing Annual Statements this year. Instead, please go online where your 2013 annual statement can be completed, reviewed and submitted in one easy process by clicking here.  Payments can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2013. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2013.

Don't Miss the St. Thomas More Society of Phoenix' 43rd Annual Red Mass This Evening: The event commemorates the start of the legislative session. Join them this evening, Jan. 22, at Saint Mary�s Basilica in Phoenix. The Mass begins at 5:30 p.m. People of all faiths are invited to attend. more�

Have an Opinion Regarding Wireless Technology in Court Proceedings? The Supreme Court Committee on the Impact of Wireless Mobile Technologies and Social Media on Court Proceedings has filed three new petitions:

  1. (R-13-0012) regarding the use of recording devices during a court proceeding.
  2. (R-13-0013) regarding the permissive uses of portable electronic devices in the courthouse.
  3. (R-13-0022) recommending amendments to jurors� oath in the civil and criminal rules.

Any comments you wish to submit on any or all of these petitions should be sent no later than February 1, 2013 to rules@azbar.org.

Arizona Supreme Court Issues Access to Justice Orders: The Arizona Supreme Court issued two emergency orders, effective January 1, 2013, that provide more access to justice for people of limited means. more�

Humor Us: The Second Annual �John J. O�Connor Phoenix Rotary 100 Humor Contest� is being held at noon on February 1 at the Phoenix Country Club. Attorneys, law students and law professors are eligible. more�

The New Religious Intolerance: The 33rd Annual Marks Lecture will feature Martha Nussbaum of the University of Chicago Law School, Ernst Freund Distinguished Service Professor of Law and Ethics, who will speak on the topic of The New Religious Intolerance. The annual lecture will be held on January 28, 2013 from 5:30 to 6:30 p.m. in the Ares Auditorium at the University of Arizona. Click here for more information. more�

American Indian Probate Reform Act (AIPRA) Probate Law & Will Drafting Seminar: The seminar is designed to provide in-depth analysis and training required to help Indian trust landowners make informed decisions regarding the disposition of their trust holdings. It will provide the practitioner with expert training to navigate AIPRA�s distinct will-drafting requirements to avoid common mistakes that jeopardize the effectiveness of an AIPRA will. more�

Ninth Circuit Bankruptcy Judgeship Opportunity: The Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for the position of Bankruptcy Judge for the Eastern District of Washington by February 14, 2013. more�

Get More Business Through the Member-to-Member Referral Guide: Sign up now to advertise in Arizona Attorney's 2013 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. Deadline for inclusion is Jan. 28. Contact Kate Cortez to request more information.

State Bar of Arizona Partners with Clio to Offer Discount Benefit: Adding to a long list of member benefits, the State Bar has partnered with Clio, a practice management system specifally designed for small to medium-sized firms, to offer a 10% discount. To learn more about the software and how it can help you manage your practice or to sign-up for a 30-day free trial, click here. For a listing of all State Bar member discounts, click here.

We Want You to Spend the Night: Did you know that these hotels � Hyatt Regency Phoenix, Ritz-Carlton and Royal Palms - offer special discounts for State Bar members? Click here for more information, and to see all the member discounts available to you. 

 

court decisions


Arizona Court of Appeals
Division One
Division Two

January 3, 2013 - 1 CA-CV 12-0063 - State Farm v. White
Does Arizona Revised Statutes section 20-259.03 bar payment of wrongful-death proceeds under an underinsured motorist policy to a non-custodial parent who is not a named insured under the policy or the spouse of a named insured under the policy? Read Opinion.

January 10, 2013 - 2 CA-CR 2012-0063 - State of Arizona v. Guillermo C. Becerra
Was the stop of Becerra�s vehicle based on a broken tail lamp constitutional, notwithstanding that A.R.S. � 28-925 requires only one tail lamp function properly, where the officer cited public safety reasons for the stop? Was Becerra denied his constitutional right to a jury trial as a result of an invalid waiver and, if so, is the proper remedy to remand for limited findings on that issue or to vacate his convictions and remand for a new trial? Read Opinion.


9th Circuit Court of Appeals

January 18, 2013 - 08-99032 - Hurles v. Ryan
District court's denial of petition is affirmed, however, the case is remanded for an evidentiary hearing on petitioner's claim of judicial bias, where: 1) five of the claims for ineffective assistance of counsel are procedurally barred; 2) counsel's performance was not deficient when, at the time of trial, it was not required to show a causal nexus between mitigating evidence and the crime, counsel conducted a thorough penalty phase investigation, and presented voluminous mitigating evidence; 3) petitioner was not prejudiced by counsel not challenging the trial court's failure to weigh the mitigating evidence cumulatively; but, 4) the state court came to an unreasonable determination of the facts in denying petitioner's judicial bias claim, and the district court abused its discretion in denying this claim without an evidentiary hearing. Read Opinion.

January 18, 2013 - 10-73928 - Alphonsus v. Holder
Petition for review of the Board of Immigration Appeals' denial of an application for withholding of removal and protection is: 1) granted in part where the Board abused its discretion in concluding that petitioner's conviction for resisting arrest, constituted a particularly serious crime, and the petition is remanded for an adequate explanation of this issue; and 2) denied in part where petitioner failed to establish a clear probability of torture in Bangladesh due to his Christian religion, and he is therefore ineligible for deferral of removal under the Convention Against Torture. Read Opinion.

 

 

 

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