3Going forward the State Bar
will combine the audits of
the State Bar and the Client
Protection Fund, saving a significant amount of money and
simplifying the process. This
change was made with input
from the Client Protection
Fund Board of Trustees.
3CFO Kathy Gerhart reported:
Sponsorships:
3Sponsorship requests for 2014
were sent out to sister bars
with a deadline of Oct. 1,
2013. Twelve responses were
received with a few exceeding
the policy limit of $1,000
annually.
3 The total amount approved
by the Finance Committee
was $12,000.
3Arizona Asian American Bar
Association (AAABA) requested a $5,000 sponsorship of the
national conference to be held
in Arizona in November 2014,
which was approved by the
board. The 2013 sponsorship
budget was $23,000 and
increased in 2014 to $28,000.
Solicitation of Clients. Further
discussion ensued.
3 MOTION: Coming as a
motion from the committee
and requiring no second, the
board voted to file the Petition
as submitted, but amended the
motion to remove the changes
to ER 7. 3.
3General Counsel John Furlong
detailed the recent rules
adjudication by the Supreme
Court, and highlighted the
Bar’s petitions and comments.
He directed the members to
the wrap-up report, which
provided an overview of the
work of the Rules Committee
last year.
3 Audit Committee—Chair Tony
Finley reported:
3 The Audit Committee put out
an RFP for auditors and after
performing due diligence three
finalists were selected and
interviews conducted.
3Eide Bailly was ultimately
selected for a three-year contract as the new auditors for
its expertise in tax and audits.
unanimously to support the
recommendation of the Rules
Committee to file the
Comment to R-12-0028 as
submitted.
3Petition to Amend Rule 42,
ERs 1. 10, 1. 11, 1. 12 and 1. 18,
and ER 1.0 Comment [ 8].
Andy Halaby presented. The
Ethics Committee proposed a
Petition to modify the ethical
rules on screening and imputation of conflicts. The changes
would bring Arizona’s rules in
line with ABA Model Rules by
eliminating Arizona’s provision
that prevents an attorney who
represents a client in litigation
from moving (without the
client’s consent) to the opposing law firm; the moving
lawyer would be “screened”
at the new firm and could not
be involved with representing
any party opposing the former
client.
3MOTION: Coming as a unani-
mous motion from the Rules
Committee, the board voted in
favor, over two objections, of
filing the Petition to Amend
Rule 42, ERs 1. 10, 1. 11,
1. 12 and 1. 18, and ER 1.0
Comment [ 8].
3Petition to Amend ER ABA
20/20 Rules. Russell Yurk presented. The Ethics Committee
voted unanimously to propose
a Petition to amend the
Arizona ethical rules to reflect
most of the ABA 20/20
changes to Model Rules
regarding various amendments
to address advancements in
technology and the globaliza-tion of the practice of law.
The Ethics Committee is not
recommending all ABA Model
Rule changes because some
are inconsistent with Arizona’s
ethical rules. The Rules
Committee unanimously
recommended filing of the
proposed petition.
3MOTION: After discussion,
Sam Saks moved and Jim
Penny seconded the motion
to remove the narrow portion
regarding ER7.3 (let the current language stand) regarding
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