e-legal

Volume 16, No. 1 | January 3, 2017

eye on ethics

Q: I am a trusts and estates lawyer. I would like to send letters advertising my services to residents of several retirement communities in Arizona, as I find that most of my clients are over age 55. Do I need to send a copy of this letter to the State Bar?

A: No. This is not a written solicitation, because you are not sending it to individuals known or believed likely to be in need of legal services for a particular matter. Therefore, requirements of ER 7.3(c) do not apply. Your letters must still comply with other ethical rules that apply to advertisements (ERs 7.1, 7.2, 7.4, and 7.5).

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Mindfulness, Meaning, Meditation
2017 may be the year you finally start meditating. Our book review points you in the right direction.

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member news

Attorney Augustus Shaw Elected to College of Community Association Lawyers Board: Attorney Augustus H. Shaw, IV of Shaw & Lines has been elected to the Board of Governors of the College of Community Association Lawyers. The College is a national organization of attorneys who focus their practice on community association law. Congratulations, Augustus!

In the news

A Man Using FaceTime Killed a 5-year-old Girl in a Highway Crash. Was Apple to Blame? Buckled in her booster seat in the back of her family's Toyota Camry, Moriah Modisette got the worst of the crash. Driving behind the Camry, Garrett Wilhelm was using Apple's FaceTime video chat application on his iPhone 6 Plus, and slammed into the Camry at full highway speed, says a lawsuit filed by the family. Read the details here.

State Bar Plans to Bridge Gap Between Lawyers and Clients: To resolve a legal dispute, the first thing many do is try to hire a lawyer. Too often, that is easier said than done. As a result, the State Bar of Arizona is exploring technology that connects those needing legal services with lawyers willing to render them. Learn how an online tool can help make the connection here.

from the bar

Are You An Attorney Who Has Good News to Share? Have you recently been recognized for contributions you make to the communities you serve? Is your firm raising money or collecting food 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.

File Your State Bar Annual Statement and Dues Online: Your 2017 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, 2017. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2017. More.

Share Your Thoughts on Maricopa County Superior Court Applicants This Thursday: The Maricopa County Commission on Trial Court Appointments is seeking public input on 13 candidates for two openings on the Maricopa County Superior Court. View the applicants here.

Public Comment Sought on Pima County Superior Court Applicants: The public is invited to comment on eight applicants for a vacancy on the Superior Court in Pima County created by the retirement of Judge Carmine Cornelio. View the applicants and learn of the comment deadlines here.

Applications Being Accepted Through January 13 for Two Vacancies on Division One of the Arizona Court of Appeals: Applications are being accepted for two vacancies on Division One of the Arizona Court of Appeals, created by the retirement of Judge Patricia A. Orozco and the appointment of Judge Andrew W. Gould to the Arizona Supreme Court. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for each vacancy to Governor Doug Ducey. More.

Here's Your Chance to Comment on Commercial Court Rules Revisions: Arizona's Commercial Court has been in operation for 18 months. While the experiment has gone smoothly, the court has also identified some areas for improvement. This includes simplifying what cases might qualify and those that do not. The Arizona Supreme Court wants your input on the proposed revisions. You can read more about the changes and your opportunity comment here.

Take Part in a National Pro Bono Survey: This month the ABA will be conducting a national survey on pro bono. It's designed to look at both what is being done and where additional resources are needed. Whether you are currently doing pro bono work or not, please take the time to fill out the survey when you receive the email. While the survey is anonymous, as an added bonus, participants may enter to win a $150 Visa gift card.

Attorney Geraldine S. Miller of Fort Mohave Suspended for Knowingly Causing Harm to Client Case: Attorney Geraldine S. Miller of Fort Mohave was suspended for 30 days after failing to close an estate and informing client of following litigation. Read more details here.

Practice In Yavapai County? eFiling Now Available: The Arizona Supreme Court is pleased to announce that Yavapai County Superior Court is now accepting electronic filings of civil case initiation and civil subsequent documents (CV & CP cases) through the eFile.AZCourts.gov e-filing application. Learn more here.

Calling All In-House Counsel: Are you in-house counsel? If so, get engaged with your peers by clicking here. You will receive information on the In-House Counsel Committee's meetings and networking events.

People of All Faiths are Invited to Attend the 47th Annual Red Mass: The annual St. Thomas More Society of Phoenix event commemorates the start of the legislative session, and is attended by lawyers, legislators, and government officials. The event is scheduled for Tuesday, January 24 at Saint Mary's Basilica, 231 N. 3rd St. in Phoenix. The ritual begins at 5:30 p.m. A reception will follow in the Diocesan Center, located east of the Basilica. RSVP is not required. The following day the Society will host the Red Mass Breakfast beginning at 7:30 a.m. at the Phoenix Country Club, 2901 N. 7th St. in Phoenix. RSVP by Friday, January 20 for the breakfast. For more information about both events and how to RSVP for the breakfast, visit the Society's website. More.

Apply for Family Law Mentoring Program by January 31: The Arizona Chapter of the American Academy of Matrimonial Lawyers (AAML), in cooperation with the State Bar of Arizona's Mentor Program, has established a mentoring program that will match Academy Fellows in Maricopa County, all of whom are Certified Specialists in Family Law, with less-experienced family law attorneys who are looking for or are in need of guidance and practical training in the field of family law. Applications will be accepted through January 31. Click here to learn more about the mentoring program or to apply.

Arizona Corporate Counsel Awards Slated for January 26: The Arizona Chapter of the Association of Corporate Counsel presents the 2017 Arizona Corporate Counsel Awards, January 26, 6 to 8 p.m. at the Camelback Inn. To register, click here.

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.

Practice Tip - Competence Includes a Lawyer's Use of Technology: An increasing number of ethics opinions of various states are recognizing that competence for lawyers includes their use of technology in compliance with the rules of professional conduct. Click here for more from Ahern Insurance, a State Bar Member Discount Provider offering professional liability insurance.

Ready to Save Money on Your Car Insurance? You could qualify for an exclusive State Bar member discount with GEICO. For a no-obligation quote, click here or call 800.368.2734.

Want Double Reward Points? Apply now and earn double reward points on purchases for the first 60 days with the no annual fee Platinum Rewards State Bar of Arizona MasterCard. See full terms and conditions here.

Save on Avis, Budget and Hertz Car Rentals, UPS Shipping, Legal Software and More: Click here for the full list of companies offering discounts to State Bar members.

court decisions

Arizona Court of Appeals
Division One
Division Two

December 22, 2016 - 1 CA-SA 16-0134 - Nadir Ishak v. Hon. Crane McClennen
1. Whether, to sustain the affirmative defense the Arizona Medical Marijuana Act affords to a charge of driving with a metabolite under A.R.S. � 28-1381(A)(3), a cardholder must prove that he or she was not impaired, or must he prove that the level of metabolite in his body was insufficient to impair anyone. 2. Whether a medical-marijuana cardholder charged with violating A.R.S. � 28-1381(A)(3) must offer expert opinion evidence to sustain the affirmative defense afforded by the Arizona Medical Marijuana Act. Read Opinion.

December 5, 2016 - 2 CA-CR 2016-0106 - State of Arizona v. Earl J. Causbie
Is the language of A.R.S. � 13-1401(A)(7)(b), which provides that sexual intercourse is "[w]ithout consent" if the victim is "incapable of consent by reason of . . . alcohol," unconstitutionally vague, and did the trial court err by instructing the jury with that language instead of the defendant's proposed incapacity-to-consent instructions? Read Opinion.

9th Circuit Court of Appeals

December 21, 2016 - 13-17358 - Kevin Marilley v. Charlton H. Bonham
In an action brought by a class of nonresident commercial fishers challenging California's nonresident fee differential for commercial fishing licenses, vessel registration and permits, the district court's ruling of summary judgment in favor of the plaintiffs is reversed and remanded where the fee differentials survives a Privileges and Immunities Clause challenge because the differentials are justified by a substantial reason that is closely related to the fees. Read Opinion.

December 21, 2016 - 15-16178 - Abdul K. Mohamed v. Uber Technologies
In a motion to compel arbitration, judgment is (1) reversed when the district court assumes the authority to decide whether the parties' arbitration agreements were enforceable when the question of arbitrability was delegated to an arbitrator, and (2) affirmed when the district court denies a motion to compel arbitration when the moving party is not entitled to compel arbitration. Read Opinion.

 

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