August 31, 2023


  1. REVIEW AND APPROVAL OF MINUTES…….….……Hon. Christopher Staring, Chair

 

1-A:    Review, discussion, and possible action regarding the regular session minutes of the meeting held on May 25, 2023.

 

  1. OPINIONS…………………..………………………………...….....................Division Staff

2-A:     Review, discussion and possible action regarding submitted Ethics Opinion    
            request EO-23-0002: May a supervising attorney allow a subordinate attorney  
            who is authorized to practice pending admission on motion to represent the
            State of Arizona in a criminal prosecution in a justice court (a court not of
               record) without facilitating the unauthorized practice of law? 

      2-B:    Court Rule Petitions Decisions Update………………........……….....Division Staff

 

      2-C:    Review, discussion and possible action regarding older State Bar ethics opinons for   

                 review……………………………………..……………………....…......Division Staff

  1. EO-19-0003: Attorney- Client confidentiality when a social worker learns of possible offenses committed against children.
  2. EO-19-0006: Restrictions on Right to Practice- Reconsideration of Ethics opinion 09-01.
  3. EO-19-0009: The request raised a question on whether electronic documents are required to be surrendered to a defendant at the termination of representation.
  4. EO-20-0001: distinguishing the difference between the determined successor lawyer and the possible successor.
  5. EO-20-0002: if Arizona should change EO 95-03, originally issued in 1995. The Ethics Opinion addresses the issue of ethical and lawful recording.
  6. EO-20-0003: question of whether it is ethical for a bankruptcy lawyer to use a credit line to pay for funding for bankruptcy fees.  
  7. EO-20-0004: question of whether it is ethical for a lawyer to become involved in a case revolving around the use of medical marijuana when there is conflict between state and federal law.
  8. EO-20-0008: whether or not it is permissible for an attorney to subscribe to a service that provides data collected by these “bugged” emails.
  9. EO-20-0009: If a lawyer is discharged by client for any reason – or withdraws- are they are only entitled to reasonable value of services before discharge.
  10. EO-20-0010 (Client Family/Friends) - Lawyer divulging confidential information in response to client or former client posting negative comments online.
  11. EO-20-0011: about if being carbon copied on an email would be considered giving consent.
  12. EO-21-0001: regarding fee sharing by lawyers.
  13. EO-21-0002 (ER 4.2) - Attorney directly contacting elected public official/policy staff regarding public policy issue & general communications regarding public policy issues.
  14. EO-22-0001 – Unauthorized practice of law exception for administrative proceedings related to the needs of children with disabilities.
  15. 15. EO-23-0002 (ER 5.1, 5.2 & 5.5) - Supervising attorney allow subordinate attorney who is authorized to practice pending admission on motion to represent State of Arizona in a criminal prosecution in a justice court.

 

  1. ADMINISTRATIVE ITEMS………......…………………………….…….........Division Staff

 

3-A:     Review, discussion and possible action regarding 2024 Meeting Dates.