Ethics Q&A
Q: Is it unethical for a lawyer to solicit a substantial gift from a client, including in the client's will?

A: Yes, unless the lawyer is "related" to the client. "Related persons" include spouses, children, grandchildren, parents, grandparents, or other relatives with whom the lawyer maintains a close relationship. See ER 1.8(c).

Need ethics advice? Call the State Bar's Ethics Hotline at 602-340-7284.

Suits Against States
Author Sharmila Roy examines the U.S. Supreme Court's view of the 11th Amendment, which construes the power to sue states or state entities. Read the article.

All For You...

Economic Report Helps Law Office Management
Hiring for new associates or support staff? Order the 2004 Economic Report for current law firm personnel salaries and other information such as hourly billing rates and operating expenses.

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Copyright 2004
State Bar of Arizona

Identity Theft Workshops -- Attend Live or Via Webcast
This three-part series includes workshops on advising your clients on identity theft issues, consumer and corporate rights and responsibilities and ethical considerations, and takes place Nov. 3, 10, and 17. Seminar info.

AzbarMail: Learn more about new e-mail service for members only.

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House Votes to Break Up 9th Circuit
The U.S. House voted to break up the 9th U.S. Circuit Court of Appeals. The legislation would leave just California and Hawaii in a revamped lineup, splitting the seven other states into two new courts. Read more.

Judges, Lawyers Denounce Possible 9th Circuit Split

Law School Signs Scottsdale Lease
After looking at sites in downtown Phoenix, a new for-profit law school has signed a lease at the Scottsdale Airpark, saying it wants financial incentives from Phoenix to locate downtown. Read more.

Special Court Targets Domestic Violence
Profile: Domestic Violence Court, a 2-year-old project of the criminal division of Maricopa County Superior Court, focuses on men and women who are on probation for domestic-violence crimes. Read more.

New AZ Survey Results: Pleasure in Law Practice
The State Bar wondered how much satisfaction lawyers get from their practice and what attorneys see ahead for their financial future. The Bar conducted a survey in Summer 2004 and this newly released data provides answers to those questions. Read the report.

The Mighty Pen
Whatever your practice or experience, you may have an article in you. Submit your own to the Arizona Attorney Writing Competition. The deadline is November 15. Read more.

Criminal Jury Instructions Online Chat
Mark your calendars! The State Bar is hosting a live online chat on Wednesday, October 27 at noon to discuss the Revised Criminal Arizona Jury Instructions. Read more.

Arizona Court of Appeals
Division One Division Two

October 5, 2004 - CC 03-0001 - Arizona American Water v. ACC
Does a temporary moratorium on non-emergency rate increases have a sufficient affect on rates to be considered rate-making? Read opinion.

October 14, 2004 - SA 04-0180 - State v. Conn/Tinnell
Can the state give pretrial notice of aggravating factors under Blakely v. Washington, U.S., 124 S. Ct. 2531 (2004)? Read opinion.

9th Circuit Court of Appeals

October 15, 2004 - No. 02-35856 - Creative Computing v.
In a suit involving trade dress and copyright infringement claims, judgment for plaintiff is affirmed where defendant violated the federal Computer Fraud and Abuse Act while operating its website. Read opinion.

October 15, 2004 - No. 03-30482 - U.S. v. Smith
Defendant's conviction for retaliating against a federal witness is affirmed, however, her sentence is vacated and remanded to determine if her crime constituted aberrant behavior, which would allow for a downward departure. Read opinion.