e-legal

Volume 15, No. 2 | January 19, 2016

eye on ethics

Q: My former colleague left our firm to work for a competitor firm. While associated with our firm, this former colleague represented husband in divorce from first wife. Now, years later, second wife seeks to retain me to represent her in her divorce from this husband. Can I represent second wife, even though husband is a former client of our firm?

A: Yes, as long as no lawyer in your firm possess any information about husband protected by ERs 1.6 and 1.9(c). See amended ER 1.10(b) and cmt. 5, effective January 1, 2016, which now clarifies the mechanism for determining if the firm is in possession of protected information for conflict purposes.

 

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Criminal Sentence Changes Proposed
A recent Arizona conference highlighted national efforts to reduce the number of incarcerated individuals.

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member news

Arizona Corporate Counsel Awards Honor Arizona's Top In-House Attorneys: Effective corporate counsel has never been more important than it is in Arizona's evolving knowledge-based economy. Candidates in several categories were recognized for extraordinary legal skill and achievement across a full range of in-house responsibility, exemplary leadership and for contributions to Arizona's communities. View this year's winners here.

In the news

Supreme Court Sets Election-Year Clash on Immigration: The Supreme Court agreed Tuesday to an election-year review of President Barack Obama's executive action to allow up to 5 million immigrants living in the U.S. illegally to "come out of the shadows" and work legally in the United States. The justices said they will consider undoing lower court orders that blocked the plan from taking effect in the midst of a presidential campaign already roiled by the issue. More.

Pennsylvania Lawyer Told Police of Client's Alleged Plot After Speaking With Ethics Hotline: A Pennsylvania lawyer revealed his client's alleged plot "take back" the home of his ex-girlfriend using an AR-15 rifle and body armor after consulting with the state bar's ethics hotline, police say. More.

from the bar

File Your State Bar Annual Statement and Dues Online: Your 2016 statement is available now for you to complete, review and submit online at www.azbar.org/fees. A paper statement will not be mailed to you. Payment 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, 2016. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2016. More.

2016 Healthcare Open Enrollment Deadline Is January 31: You can still enroll in a health plan through the State Bar Health Insurance Exchange. Avoid the healthcare confusion and find a policy that fits your needs by clicking here.

You Still Have Time to Become Involved in the Merit Selection Process: The application deadline has been extended to Friday, February 12 to serve on the Pinal County Commission on Trial Court Appointments. Applicants must reside in Supervisorial District 4 in Pinal County. For other candidate criteria and an application form click here.

St. Thomas More Society of Phoenix Invites You to Attend the 46th Annual Red Mass: The event commemorates the start of the legislative session. Join in on Tuesday, January 26 at Saint Mary's Basilica, 231 N. 3rd St. in Phoenix. The Mass attends begins at 5:30 p.m. People of all faiths are invited to attend. More.

Judicial Nominees Announced for Pima County Superior Court: The Pima County Commission on Trial Court Appointments has recommended six candidates to Governor Doug Ducey for an opening on the Pima County Superior Court created by the appointment of Judge Christopher Staring to Division Two of the Arizona Court of Appeals. More.

Share Your Opinion on Proposed Revisions to the Criminal Jury Instructions: Members are being asked to share their comments on Proposed Revisions to Criminal Jury Instructions. View the revised instructions here. Comments should be sent to ilona.kukan@staff.azbar.org by the February 5 deadline.

Share Your Good News With Us! Have you recently been recognized for contributions you make to the communities you serve? Did your firm raise money for charity over the holidays? Are you a leader who is being recognized for advancing the legal profession? If so, we want to hear about it! Email Alberto Rodriguez to be considered for inclusion in a future issue of eLegal under Member News.

Nominate a Colleague for Annual State Bar Awards: Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the 2016 State Bar awards are now being accepted through March 18, 2016 at 5 p.m. More.

Comment on 2015 Arizona Appellate Courts Case Processing Standards by February 7: The Arizona Appellate Courts seek your input in assessing whether the National Model Time Standards for State Appellate Courts should be adopted by Arizona. More.

Better Lawyering Through Mindfulness: The undeniable benefits of mindfulness have led to it being adopted and implemented by all types and sizes of businesses, from Fortune 500 companies to startups. Read more about it here from State Bar Member Discount Provider Clio.

If You Accept Credit Cards: State Bar members save up to 25% on standard credit card processing fees with LawPay. LawPay meets the requirements for trust account guidelines and is a service exclusively for attorneys. Call 866.376.0950 or visit www.lawpay.com/azbar. No contract required.

Save on Secure Email and File Sharing: State Bar of Arizona members receive 10% discount for life with Citrix ShareFile, for secure file sharing on any device, anywhere. Click here for a free trial or more information.

Save on Rental Cars, Hotels, Office Products and More: Click here for the list of 27 companies offering special discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

January 7, 2016 - 1 CA-CR 14-0705 - State of Arizona v. Robert J. Neese
Whether the trial court erred in finding the John Doe Indictment, based on Neese's DNA Profile, tolled the statute of limitations. Read Opinion.

November 23, 2015 - 2 CA-CR 2014-0193 - State of Arizona v. Usef L. Simmons, II
Whether a defendant can be convicted of violating A.R.S. � 13-3417(A), which prohibits using any wire or electronic communication to facilitate or conspire to commit certain offenses, when he is a principal in a buy-sell drug transaction and there is no evidence of any wire or electronic communication by him with any person except the other principal. Read Opinion.

 

9th Circuit Court of Appeals

January 15, 2016 - 14-30042 - United State of America v. Mark F. Spangler
Conviction on twenty-four counts of wire fraud, seven counts of money laundering, and one count of investment-adviser fraud are affirmed where the district court: 1) did not abuse its discretion in barring defendant's expert witness from testifying and did not thereby violate defendant's right to present a defense; 2) did not abuse its discretion in permitting testimony about defendant's fiduciary status; and 3) did not violate defendant's Fifth Amendment rights by refusing to strike count 33 from the second superseding indictment. Read Opinion.

January 15, 2016 - 13-56903 - Mike McGee v. China Electric Motor, Inc.
In an attorney's fees case arising from a securities class action settlement, the district court's fee award is vacated and the case remanded where the district court abused its discretion by failing to adequately explain the basis of its fee award. Read Opinion.

 

 

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