e-legal

Volume 12, No. 18 | September 3, 2013

eye on ethics

Q: I need to draft an informed consent waiver to address a potential conflict of interest with my client as permitted under ER 1.7(b). What kind of information needs to be in my waiver so my client may provide valid informed consent?

A: Informed consent must be tailored to the specific facts and circumstances of the conflict at issue and must provide the client with a full picture of all the pros and cons of moving forward with your representation. ER 1.0(e). A generic template would not be sufficient to meet the requirements necessary for you to meet your requirements of obtaining valid informed consent from a client.

 

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The State Bar surveyed members on their law practice economics. Here�s what you said.

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member news

State Bar's Leadership Institute Selects 2013-14 Participants: For the seventh year in a row, the Bar Leadership Institute will provide its participants with a nine-month leadership program that will foster their professional growth and enhance their leadership skills. more�

In the news

Military Lawyers Confront Changes as Sexual Assault Becomes Big News: If there's such a thing as a typical military rape case, it might start like a typical civilian rape case. Men and women may be drinking together. The woman may pass out. The next day she would allege that she was sexually assaulted and claim that her drink was drugged. If these were civilian co-workers, the decision about whether to prosecute would be in the hands of a professional prosecutor. more�

The Faulty FBI Files That Can Ruin Your Life: No amount of economic growth will land you a job if you get unfairly snagged in the FBI's faulty background check system. And you can lose your job because of the FBI file inaccuracies, too. After working without incident at a Philadelphia port for 33 years, Russ F. was told he was out of a job when a newly required post-9/11 security clearance check found an arrest dating back to 1971. Charges were never filed, and Russ was never prosecuted. more�

from the bar

Volunteer For Supreme Court Committees and Legal Services Board by Friday: 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.

It's Not too Early to File Your MCLE Affidavit: Why wait until the deadline? Online filing of your 2012-13 MCLE affidavit has never been easier and it�s available now. Remember, the 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.

Lawyers Initiate Formation of Franchise & Distribution Law Section. Join Them! The process has begun to form the first-ever Franchise & Distribution Law Section of the Arizona State Bar. The proposed Section will be of interest to all lawyers (both litigation and transactional) whose practice involves franchising, PMPA, dealership, licensing, direct-sales, and multi-level-marketing matters (among others). In order for the proposed Section to be approved by the Bar, however, the signatures of at least 100 interested State Bar members are needed. If you would like to join the proposed Section, please review the proposed bylaws and download and sign the petition. Please e-mail your signed petition to Aaron Schepler.

Arizona Supreme Court Changes Safekeeping Property and Adverising Rules: The Arizona Supreme Court has significantly amended two Ethical Rules, effective Jan. 1, in ways that ameliorate stumbling blocks for many lawyers. One rule amendment involves only a couple of words but should make advertising simpler. The other adds a whole new mechanism�apparently unique among jurisdictions�for dealing with claims to client property. more�

Arizona Supreme Court Adjudicates Rules Petitions at Conference: During 2012-13, the State Bar filed 14 new rules petitions with the Arizona Supreme Court and 17 comments to rule-change petitions filed by others. As provided for in Rule 28, Ariz. R. Sup. Ct., the Court held its annual rules conference last week and ruled on all rule-change petitions pending before it. For a complete list of rules adjudicated by the Arizona Supreme Court as of August 27, 2013, click here.

Help Servicemembers in Your Community: Join more than 200 Arizona attorneys who have already volunteered to provide legal assistance to active duty military personnel and veterans. more�

Ninth Circuit Seeks Applicants for Two Bankruptcy Judgeships: The United States Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for two (2) Bankruptcy Judgeships for the District of Arizona. These positions will be available in June and September, 2014, respectively. Please be aware that the selection process may take up to 10 months to complete. The official duty stations for these positions are in Phoenix and Tucson. more�

Get With the Program: The State Bar has partnered with Clio, a practice management system specifically 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.

We Want to Take You for a Ride: State Bar of Arizona members can save on car, homeowner's, renter's, condo, motorcycle, boat, PWC, ATV, and RV insurance with GEICO. Visit GEICO here or call 800.368.2734 to complete a no-obligation rate quote.

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

August 20, 2013 - 1 CA-SA 13-0072 - Santiago Sanchez v. Hon. J. Richard Gama
Whether a treating physician's testimony concerning diagnosis, treatment, and prognosis is expert testimony simply because it necessarily draws upon the physician's skill, training, and experience as a doctor? Read Opinion.

August 22, 2013 - 2 CA-CV 2012-0152 - Susan Wickoff v. Mogollon Health Alliance
1. Does this court have jurisdiction to consider the trial court�s vacation of a default judgment? 2. Did plaintiff�s failure to timely serve her complaint cause her action to abate? 3. Did the trial court err in finding the default judgment was void, rather than voidable? 4. Under the discovery rule, when does a cause of action for a mold related illness accrue? Read Opinion.

 

9th Circuit Court of Appeals

August 30, 2013 - 12-56822 - Association Des Eleveurs De Canards v. Kamala D. Harris
The district court properly denied a motion to preliminarily enjoin the State of California from enforcing California Health & Safety Code section 25982, which bans the sale of products that are the result of force feeding birds to enlarge their livers beyond normal size, where: 1) the district court properly denied Eleventh Amendment immunity to the Attorney General; 2) the State of California and Governor Brown are dismissed because they are immune from suit; 3) the only product covered by section 25982 at issue in this appeal is foie gras; and 4) the district court did not abuse its discretion when it concluded that plaintiffs failed to raise serious questions concerning their Due Process Clause challenge and that section 25982 did not discriminate against interstate commerce or directly regulate interstate commerce. Read Opinion.

August 30, 2013 - 12-35454 - Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co.
Judgment and attorney's fee award in favor of plaintiff-insured on its claim that defendant-insurer breached its duty to defend it, is affirmed, where: 1) defendant-insurer breached its duty to defend when it refused to provide a defense after plaintiff-insured received letters from the Environmental Protection Agency, notifying plaintiff-insured of its potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for environmental contamination of the Portland Harbor Superfund Site; 2) the letters sent by the EPA were "suits" under Oregon law within the meaning of the policies' duty to defend; and 3) the letters alleged facts sufficient to alert plaintiff-insured to its potential liability for environmental contamination under CERCLA. Read Opinion.

 

 

 

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