e-legal

Volume 12, No. 15 | July 23, 2013

eye on ethics

Q: I just left a law firm to start my own practice. What's the best way to notify my clients about my departure?

A: Both you and your former firm have an obligation to communicate with your clients about your departure. ER 1.4. The best way to meet your obligation is to draft a joint letter between you and your former firm informing your clients of your departure and giving them the option to either remain with your former firm, continue with you as their counsel, or seek a new lawyer to represent them. Ariz. Ethics Opinion 10-02.

 

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Exclusionary Rule History
A book review examines the evolution of one of constitutional law's most controversial tenets.

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member news

Foundation Thanks Pam and Bill Gates for 13 Years of Service: The Arizona Foundation for Legal Services & Education, the Young Lawyers of the State Bar of Arizona, and all the students and teachers who have been touched by their generous giving of themselves, will be forever grateful to Pam and Bill Gates. Thirteen years ago they became regional coordinators for the Arizona High School Mock Trial program and never stopped until the end of this season�s tournaments. If attorneys needed to be matched with schools, if judges needed to be recruited for the regional or state tournaments, if the regional tournament needed to be coordinated, if a tournament needed a judge to fill in, or a national tournament needed to be hosted, both of them were right there ready to do whatever was necessary. It was always about making the best educational experience for the teams competing and never about all the hours they gave. They will be missed!

In the news

Hobby Lobby's Contraception Challenge Likely Headed to SCOTUS: Though still subject to the whims of certiorari, it looks like the Hobby Lobby contraception case will finally be headed to the U.S. Supreme Court, reports SCOTUSblog. For those who haven't followed the dozens of religious challenges the Affordable Care Act's (ACA) contraception mandate, Hobby Lobby has been one of the most vocal and litigious opponents to providing forms of birth control that conflict with the company's owners' religious beliefs. more�

Judge Rules for Ohio Men's Same-sex Marriage: A federal judge has ruled in favor of two Ohio men who want their out-of-state marriage recognized as one of them nears death, a case that's seen as encouraging for same-sex marriage supporters in the state. The death certificate for ailing John Arthur can show James Obergefell as his surviving spouse, U.S. District Judge Timothy Black in Cincinnati said Monday. The couple wanted the ruling for purposes including being able to be buried next to each other in an Arthur family plot that allows only descendants and spouses, The Cincinnati Enquirer reported. more�

Zimmerman Jury's Bill Included Movies, Manicures: George Zimmerman's jurors racked up $33,000 in expenses, including trips to the mall, bowling, pedicures, and dinner at an Outback Steakhouse. Zimmerman's trial for the alleged murder of Trayvon Martin had the six-woman jury sequestered at a local hotel for approximately three weeks. But that doesn't mean they weren't allowed some down time, reports USA Today. more�

from the bar

Don't Miss Your Chance to Enhance Your Practice and Become Board Certified: Applications are being accepted through August 1 for the 2013 certification cycle. Become certified in one of our eight areas of specialization that include criminal, family, and real estate law. Learn more about the standards for certification or apply by clicking here.

File MCLE Affidavits Before Sept. 15 Deadline: You don�t need to wait! Online filing for your 2012-13 MCLE affidavit is available now. Filing deadline is no later than September 15, 2013. You may access your personalized CLE tracking page and MCLE affidavit on the members� website by clicking here.

Are You and Your Staff Prepared to Respond to Violence in the Workplace? Lawyers, judges and public figures are at increased risk for workplace violence. Knowing how to respond is a necessity in today's world. Join the State Bar of Arizona for a FREE 75-minute seminar on Tuesday, August 20, designed to promote personal safety and create a safer work environment. The seminar will be offered live at the Bar, simulcast in Tucson, and via webcast.

Tell Us Your Story: The State Bar of Arizona wants to know your story on why you became a lawyer. Did you follow in your mother or father's footsteps? Did you face any challenges? Was it a decision based on needing a career change? Whatever the case may be, we want you to share your story with us on why you're proud to be a lawyer and be considered for an upcoming video campaign featuring a diverse group of State Bar members. Contact Alberto Rodriguez for more information.

Help is a Phone Call Away: The State Bar has expanded its Member Assistance Program statewide to reach lawyers needing help with stress, depression, substance abuse, alcohol and mental health issues. MAP is offered by the State Bar as a service to members and their families, to law students and to judges either through the discipline process or on a voluntary confidential basis. The crisis line is available to you 24 hours a day at 1-800-681-3057.

Have You Ordered the 2013 Edition of the Economics of Law Practice in Arizona? The latest edition has just been released. For the most current, updated numbers about legal salaries and billing practices in Arizona, order your copy online today!

Volunteers Needed For Supreme Court Committees and Legal Services Board: Apply by September 6th to be considered for service on the Arizona Supreme Court's Committee on Character and Fitness or the Court's Committee on Examinations. Southern Arizona Legal Aid�s Board of Directors has two openings. Learn more here.

Donate Gently Used Business Attire to Help Give a Fresh Start and Receive 50% Off Coupon: Along with more than 150 other nonprofit organizations across the country, Fresh Start Community Services in Phoenix and National Suit Drive will distribute gently used items collected at the local Men's Wearhouse locations. Items being collected include men's and women's suits, shirts, jackets, ties, belts, and shoes. Residents of Phoenix may donate their gently used items now through July 31 at any of the six locations throughout Phoenix. Donors will receive a coupon for 50% off the regular price of retail items, as well as a tax receipt. more�

Save 22% on Verizon Cell Phone Service: State Bar members with eligible Verizon calling plans may qualify to receive a 22% discount on law firm/corporate monthly access fees. Employees and family members may also qualify for up to an 18% discount on their lines. Click here or call 800-810-3909.

Solo Firms Can Get 7 Unlimited Days of Shepard�s� Citations Service: Receive access to Shepard�s Citations Service as well as primary law materials, Matthew Bender resources, news and an option to include billions of public records. View details and request your access at www.lexisnexis.com/AZBarOffer.

State Bar Member Discounts: For a listing of all State Bar member discounts, click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

July 16, 2013 - 1 CA-CR 11-0850 State of Arizona v. Justin Scott Kendrick
Whether a probationer's unauthorized removal of an electronic monitoring device, required as a condition of probation, constitute escape in violation in of Arizona Revised Statutes section 13-2503(A)(2). Read Opinion.

June 26, 2013 - 2 CA-JV 2012-0007 - Lisa K. v. Arizona Department of Economic Security and Julian N.
Whether A.R.S. � 8-862 is facially unconstitutional because it permits the same judge who directs the Department of Economic Security to file a motion to terminate a parent�s rights to preside over the hearing on that motion and decide whether to grant it? Read Opinion.

 

9th Circuit Court of Appeals

July 22, 2013 - 12-15474 - United States v. Board of Directors of the Truckee-Carson Irrigation District
In an action concerning diversion of water from the Truckee and Carson Rivers to either irrigation use or for the benefit of the Pyramid Lake Paiute Indian Tribe, the mandate issued in U.S. v. Bell is withdrawn and the matter is remanded, where: 1) the Court was mistaken in its understanding of the scope of a gauge error; 2) the Court should not have limited recalculation of the amount of excess water diversions to the four years in which the district court initially found excess diversions; and 3) the Court should have ordered recalculation of the gauge error's impact in all the years potentially affected. Read Opinion.

July 22, 2013 - 12-50189 - United States v. Orlando Klement
The criminal judgment against defendant is summarily affirmed, where defendant�s claims are foreclosed by US v. Augustine, which held that mandatory minimums in the Fair Sentencing Act of 2010 did not apply in 18 U.S.C. section 3582(c)(2) proceedings to defendants sentenced before the Act was enacted. Read Opinion.

 

 

 

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