e-legal

Volume 13, No. 8 | April 15, 2014

eye on ethics

Q: I want to advertise. Do I have to include my firm's address in the ad?

A: Any lawyer who advertises his or her services through any written, recorded, or electronic communication must include "contact information" for at least one lawyer or law firm responsible for the ad. Contact information may include an address or other means to contact the firm or lawyer, such as a phone number or email address. ER 7.2(c) use to require an "office address," but the rule was changed to require "contact information" effective Jan. 1.

 

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Scouting Legal Innovation
Our Q&A with University of Arizona Law Dean Marc Miller shows the school's recent developments.

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member news

Lawyers Gear Up for Upcoming Board Elections: 37 members are running for election for the State Bar of Arizona Board of Governors. The online election will begin May 7. Each candidate's bio, reason for running for the Board, and their take on the issues facing lawyers today are available for review. Meet the candidates here.

In the news

Chances of Getting Audited by IRS Lowest in Years: As millions of Americans race to meet Tuesday's tax deadline, their chances of getting audited are lower than they have been in years. Budget cuts and new responsibilities are straining the Internal Revenue Service's ability to police tax returns. This year, the IRS will have fewer agents auditing returns than at any time since at least the 1980s. more�

Ohio Judge Orders State to Recognize Out-of-State Same-Sex Marriages: A federal judge in Ohio on Monday struck down state laws barring the recognition of same-sex couples legally married in other states. "Ohio's refusal to recognize plaintiffs' and other same-sex couples' valid marriages imposes numerous indignities, legal disabilities, and psychological harms," U.S. District Judge Timothy Black wrote. "Further, the state violates plaintiffs' and other same-sex couples' fundamental constitutional rights to marry, to remain married, and to function as a family." more�

from the bar

Share Your Passion for Community and Volunteer for the Bar's Law Day Legal Aid Clinics: The Bar is still seeking lawyers who can help answer consumers' questions regarding their bankruptcy, immigration, family law, or landlord/tenant issues. For the third year in a row, the State Bar of Arizona will host four FREE legal aid clinics around the Valley in honor of Law Day. Volunteers will give a presenation on Saturday, April 26 on a specific practice area which include the following: family, bankruptcy, landlord/tenant, and immigration. In addition, volunteers will answer audience questions and provide limited one-on-one consults. If you're interested in volunteering for this valuable community access to justice program, contact Alberto Rodriguez via email or at 602.340.7337.

One Day Left to Apply for a State Bar Committee: Tomorrow, April 16, is your last chance to apply for the 28 standing and ad hoc committees that advise and serve the State Bar of Arizona. Applications must be received no later than April 16, 2014. To learn more about the various committees and to fill out an application click here.

Professional Responsibility and the In-House Lawyer - When Ethics Confront the Person who Signs Your Paycheck: Don't miss this seminar that will use situational examples and hypothetical ethical scenarios to demonstrate the proper way to handle these situations in order to improve competence as a professional. Learn the applicability of ethics rules to In-House Lawyers. Discuss the unique relationship confronting lawyers who can legally "partner" with non-lawyers in the work environment. more�

Heartbleed Bug is Putting Millions of Passwords and Credit Card Numbers at Risk: Millions of passwords, credit card numbers and other personal information may be at risk as a result of a major breakdown in Internet security revealed last week. The damage caused by the Heartbleed Bug is currently unknown but there are a few things lawyers should know about the bug. Click here to find out.

State Bar Seeking Fee Arbitration Committee Members: Arbitrators oversee the State Bar of Arizona's free, voluntary fee arbitration program, which is staffed by a State Bar employee; arbitrators hold hearings and issue binding awards in assigned matters. The Committee especially needs arbitrators who practice criminal law and/or speak Spanish. To apply, click here.

It's not too late to be a Convention Patron! Patronage last year ranged from $100 to $3000, and supported a host of successful programs. This year we're committed to making your convention an even bigger success and we're hoping you will help. more�

Top-notch CLE on your Summer Vacation: CLE by the Sea features intermediate to advanced level programming and opportunities to network with the finest legal practitioners in Arizona and beyond. Half-day programming is ideal for learning and knowledge retention, and allows participants, and their vacationing families, the opportunity to spend the afternoons relaxing and enjoying leisure time. more�

National Native American Bar Seeks Your Participation in Research Study: Attorneys who identify as American Indian/Native Alaskan are invited to participate in a secure and confidential survey that will explore the perspectives and experiences of Native American attorneys. The research will be used to develop educational materials and programming that will help improve the retention and advancement of Native American attorneys in every corner of the legal profession. Survey closes on April 30, 2014. more�

Register Now for the 2014 State Bar Convention in Tucson: This year, the State Bar of Arizona convention heads south and will be held on June 11-13 at the Westin La Paloma in Tucson. Start making plans to attend now! more�

Stay Connected with the State Bar of Arizona: The State Bar of Arizona has several social media platforms where it provides its network with a wealth of information. Looking for a witty, informative, and interesting point of view? Follow Arizona Attorney editor Tim Eigo on Twitter and Word Press. Read up on interesting news, stay apprised of community outreach initiatives, and learn more about the Bar's member services by connecting via LinkedIn and Facebook. Stay connected.

Save on Practice Management Software: State Bar members receive a 10% discount on Clio's practice management software, specifically designed for small to medium-sized firms. For a free 30-day free trial or to learn more, please click here.

Save on Payroll Processing: Save time and money when processing payroll with SurePayroll, a provider of online payroll services to small businesses nationwide. You can even process payroll from your mobile device. Click here for the State Bar member discount, or call 877.954.7873 to find out more.

26 Ways to Save: For State Bar Member discounts from Avis Rent A Car to Verizon Wireless, please click here.

court decisions

Arizona Court of Appeals
Division One
Division Two

March 28, 2014 1 CA-SA 13-0132 - State of Arizona v. Hon. Phemonia L. Miller and Suzanne R. Madrid
Whether the trial court erred in precluding the State's expert from testifying that, based on his retrograde extrapolation calculation, defendant's blood alcohol concentration (BAC) was above the legal limit within two hours of driving. Read Opinion.

March 11, 2014 - 2 CA-CV 2013-0044 - Lori Sandretto v. Payson Healthcare Management, Inc.
1. In this medical malpractice case, did the trial court err in denying a motion for new trial, which included claims the court made several erroneous evidentiary rulings, improperly denied a motion to continue and a motion for judgment as a matter of law, and improperly approved a co-defendant's settlement agreement? 2. Did the trial court err in denying the motion for new trial on the basis that the verdict was supported by substantial evidence and not the result of improper closing arguments? Read Opinion.

 

9th Circuit Court of Appeals

April 14, 2014 - 10-72413 - Binxju Jin v. Eric H. Holder, Jr.
Petition for review of the BIA's denial of asylum and withholding of removal on adverse credibility grounds is denied where substantial evidence supports the agency's reasonable determination that petitioner was not credible under the totality of the circumstance. Read Opinion.

April 11, 2014 - 12-55114 - Brigette Gordon v. Deloitte and Touche, LLP
Summary judgment in favor of defendant ERISA disability plan is affirmed, where: 1) plaintiff's claim accrued no later than the date her administrative appeal right expired; 2) the ERISA action is barred by California's four-year statute of limitation governing actions involving written contracts; 3) the ERISA plan insurer's reconsideration of plaintiff's claim did not revive the statute of limitation; 4) defendant-plan is not stopped from asserting the statute of limitation defense based on the insurer's representation that plaintiff could bring an ERISA action; and 5) defendant-plan did not waive the statute of limitation defense. Read Opinion.

 

 

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