Ethics Q&A
Q: Can a lawyer representing one client in a lawsuit name another client as a non-party at fault if the statute of limitations has run as to the second client?

A: Maybe. Although the running of the statute of limitations as to the second client insulates that client from liability, the lawyer must still determine whether the lawyer's relationship with the second client may create a conflict that requires an informed consent by both clients pursuant to ER 1.7(b). Read Ariz. Op. 03-04.

How's Your Bedside Manner?

Want to improve the health of your practice? Perhaps you should take the lead from another practitioner--the onetime country doctor. Read the article.

All For You...

The 2003-04 annual Membership Directories are here! You can now order additional copies to help stay connected with colleagues. Order form.

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The specifics of business formation and operation will be examined in this all-day seminar on Friday, Oct. 24. Seminar info.

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High Court Sidesteps Key AZ Drug Case
The U.S. Supreme Court canceled arguments in an Arizona drug case involving rules for searching cars. Read more...

ABC News Resumes State v. Series in Tucson
After a successful State v. series filmed in Maricopa County, ABC News is now videotaping cases in Pima County's Superior Court. Read more...

Justices Weigh Workplace Rights for Ex-Substance Abusers
The U.S. Supreme Court sorts out an important Americans with Disabilities Act case brought by an Arizona man who wanted his job back after being terminated for alcohol and drug abuse. Read more...


Chat with the Bar President Tomorrow! State Bar President Pam Treadwell-Rubin will chat online with members tomorrow from Noon - 1 p.m. using the Bar's new online service: AzbarChat. Read more.

Join the Bar's Diversity Panel In an effort to increase the diversity among CLE faculty, the State Bar is looking for members to participate in a new Diversity Panel.
Read more.

Deadline Nears for Volunteer Positions
Apply by November 3 to serve on a judicial selection advisory board or to investigate and handle all aspects of a disciplinary case.
Read more.

Arizona Court of Appeals
Division One Division Two

October 6, 2003 - 2 CA-CV 2002-0035 - Burke v. AZ State Retirement
In a class action in which a settlement agreement provided that the Arizona State Retirement System would pay the attorney's fees of the class of state employees, did the trial court err in calculating attorney's fees as a percentage of the common fund created by the settlement agreement rather than employing the hourly lodestar method?
Read opinion...

October 8, 2003 - SA 03-0150 - Standhardt v. Superior Court
Does Arizona's prohibition of same-sex marriages violate petitioners' rights under the federal and state constitutions to substantive due process, equal protection, or privacy? Read opinion...

9th Circuit Court of Appeals

October 16, 2003 - NO. 02-56839 - Consorzio del Prosciutto di Parma v. Domain Name Clearing Co., LLC.
In a domain name dispute, the district court's entry of default judgment for the plaintiff is affirmed and the case is dismissed where defendant failed to move under either Federal Rule of Civil Procedure 55(c) or 60(b) before appealing. Read opinion...

October 15, 2003 - No. 01-50461 - US v. Soriano
Convictions and sentence for possession of stolen mail and receipt of a stolen US Treasury check, are affirmed where defendant's girlfriend's consent to search motel room was voluntary, and a check found in the hotel room was properly attributed to the computation of the amount of loss. Read opinion...