e-legal

Volume 15, No. 15 | July 19, 2016

eye on ethics

Q: My elderly estate planning client seems to be showing signs of dementia. She doesn't remember our conversations, and she once became confused during a meeting and forgot she was in my office. She lives alone, but she has a son who lives a few miles away. Can I contact the client's son to express my concerns?

A: Under certain circumstances, you can take protective action when a client with diminished capacity is at substantial risk of harm and cannot act in her own interest. Protective action can include consulting with a family member, if you believe that family member will act in the client�s best interests. This is a difficult issue to navigate, so read ER 1.14 and contact the Ethics Hotline for further guidance.

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member news

Attorney Craig Morgan Named Chair of the American Diabetes Association's Valley of the Sun Community Leadership Board: Craig Morgan is the new chairman of the American Diabetes Association's (ADA) Valley of the Sun Community Leadership Board and will lead that organization's efforts in Arizona. ADA's Valley of the Sun Community Leadership Board (CLB) is responsible for implementing the organization's mission through key fundraising, programs, advocacy, volunteer and corporate recruitment activities. He served as vice chair of the board in 2015. Morgan is an attorney with the law firm of Sherman & Howard where he is a Member in the firm's Trial and Litigation Practice Group in Phoenix.

Southwest Autism Research & Resource Center Elects Attorney Joe Clees to Board: Joe Clees, a founding shareholder of the Phoenix office of Ogletree Deakins has been elected to serve on the Board of Directors of the Southwest Autism Research & Resource Center (SARRC). The Board is comprised of community and business leaders who are deeply engaged in supporting individuals with autism and their families. Clees is a founding shareholder of the Phoenix office of Ogletree Deakins, an employment law firm with more than 850 lawyers worldwide.

Attorney Jared Hautamaki Sworn in as Appellate Tribal Judge in Michigan: Jared Hautamaki was sworn in as a reserve appellate tribal judge for the Sault Sainte Marie Tribe of Chippewa Indians in northern Michigan on July 7. Hautamaki is a licensed attorney in Arizona who works for United States Environmental Protection Agency as a Special Assistant and serves on the Native American Bar Association in Washington DC.

Mark Kisicki Elected as College of Labor and Employment Lawyers Fellow: The College of Labor and Employment Lawyers has elected Phoenix lawyer Mark Kisicki, a 25-year veteran in labor and employment law from Ogletree Deakins as a Fellow in the College of Labor and Employment Lawyers. Being elected as a Fellow is the highest recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence. The College of Labor and Employment Lawyers was established in 1995, and recognizes those who, by long and outstanding service, have distinguished themselves as leaders in the field of labor and employment law.

In the news

Lawyer Making Routine List Discovered Law-firm Partner in Delaware Didn't Have Law License: If Greg Jackson hadn't taken his routine paperwork seriously, a former county bar president might not be facing sentencing for the unauthorized practice of law. He was listing the lawyer names along with their bar numbers when he noticed that a former county bar president, Kimberly Kitchen, appeared to be using the bar number of another person�a lawyer in Delaware. More.

Pokemon Go Spurs Lawyers to Stop and Consider Legal Issues: Pokemon characters are on the loose, and it's your job to catch and collect them. That's the premise of the new Pokemon Go app, which uses your phone's GPS and clock to detect where you are and make Pokemon characters appear on your phone screens. Some lawyers say Pokemon Go, an "augmented reality" game, raises legal issues and public safety concerns. More.

from the bar

File MCLE Affidavits Before September 15 Deadline: You don't need to wait! Online filing for your 2015-16 MCLE affidavit is available now. Filing deadline is no later than September 15, 2016. You may access your personalized CLE tracking page and MCLE affidavit on the members' website by clicking here.

Three Judges Named to New Terms in Mohave, Pinal, and Yavapai Counties: The Arizona Supreme Court has appointed the Honorable Charles W. Gurtler to a new three-year term as Presiding Judge for Mohave County; the Honorable Stephen F. McCarville to a new three-year term as Presiding Judge for Pinal County; and the Honorable David L. Mackey to a new three-year term as Presiding Judge in Yavapai County. Click on each judge's name to read more.

12 Applicants Being Considered for Arizona Court of Appeals: The public is asked for comments on 12 applicants for an opening on Division I of the Arizona Court of Appeals created by the retirement of Judge John C. Gemmill. The Commission on Appellate Court Appointments will review the applications and hear comments at a public meeting on August 4. Applications can be viewed online here.

Applications Still Being Accepted for Two New Positions on the Arizona Supreme Court: Applications are still being accepted for two new positions on the Arizona Supreme Court. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for each position to Governor Doug Ducey. Applications must be submitted by 3 p.m. on August 8. More.

Apply Now for the Arizona College of Trial Advocacy: Want to get hands-on training to develop your trial skills? Taught by judges and experienced trial lawyers, the college offers 36 hours of CLE, one of which is ethics. The program is held in Phoenix and runs from August 2-6. More.

Get Engaged in the Legal Profession in Arizona: The State Bar of Arizona frequently recruits qualified applicants for professional volunteer opportunities. Whether you have an interest in serving on a Supreme Court committee or representing the State Bar on a national level, several opportunities are presented throughout the year. Check the Bar's Appointments Committee page to see what's available. More.

Help Consumers by Writing Law-Related Tips! The State Bar of Arizona seeks attorneys in all practice areas to offer consumer tips via its social media platforms. We'll be sharing tidbits of information to help consumers begin addressing their legal issues associated with family law, landlord/tenant, estate planning, personal injury, immigration, and DUI among others. If you're interested, email Alberto Rodriguez for more information.

Keep Sharing 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.

Practice Tip - Free One-hour Webinar on July 26: Learn how mobile solutions are reshaping the way small and medium businesses communicate and collaborate, presented by Citrix ShareFile. Speaker Laurie McCabe brings more than 25 years of experience in the IT industry and small businesses. Click here to register.

Discount on Clio: For a 10% lifetime discount on Clio, the practice management software specifically designed for small to medium-sized firms, use promo code AZBAR and click here.

Save Money on Car Insurance: You could qualify for an exclusive State Bar member discount with GEICO. Click here or call 800.368.2734 for a no-obligation quote.

Save on Diamondbacks Tickets, Credit Card Processing and More: Click here for the list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

July 7, 2016 - 1 CA-CV 15-0248 - Bennett Lewis v. Arizona State Personnel Board et al.
1. Whether the Department of Corrections followed the statutory requirements before denying the recommendations of the State Personnel Board and the hearing officer and affirming the Department's termination of the employee from his position? 2. Whether substantial evidence supports the Department's decision terminating the employee from his position? 3. Whether the Department must apply a deferential standard of review as this Court and the superior court when reviewing the recommendations of the Board or the hearing officer? 4. Whether the Board is a necessary party to an employee's appeal to the superior court from the final decision of the employing agency on a disciplinary matter? 5. Whether the Board has authority to hear disciplinary appeals from law enforcement officers? Read Opinion.

June 16, 2016 - 2 CA-CV 2015-0158 - Jeanette M. Sanders v. Francis Alger
Did the trial court err in applying the firefighter's rescue rule to grant summary judgment against a home-care nurse in an action against her patient? Read Opinion.

9th Circuit Court of Appeals

July 15 ,2016 - 14-30210 - United States of America v. Jesus Pimentel-Lopez
In a case in which the jury made a special finding that the quantity of drugs involved was less than 50 grams, but the district judge calculated the sentence based on his own finding that the quantity involved was far in excess of 50 grams, defendant's sentence for conviction of possession of methamphetamine with intent to distribute and conspiracy to possess with intent to distribute, 21 U.S.C. section 841(a)(1), is vacated and remanded for resentencing where: 1. Apprendi v. New Jersey line of cases are not applicable; 2. because two witness's hearsay statements did not meet the 'minimal indicia of reliability' standard, the district court was not justified in relying on them in determining the sentence; and 3. there is no evidence that the defendant exercised some control over others involved in the commission of the evidence, the district court clearly erred in assessing an organizer enhancement pursuant to U.S.S.G. section 3B1.1(c). Read Opinion.

July 15, 2016 - Ryan, 09-99017 - Eric O. Mann v. Charles L. Ryan
Denial of state prisoner's 28 U.S.C. section 2254 petition for writ of habeas corpus relief from capital sentence for conviction of murder is affirmed where petitioner is not entitled to relief on his claims of guilt-phase ineffective assistance of counsel. Read Opinion.

 

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