Q. I don't think my opposing counsel is giving her client copies of my settlement proposals. Can I copy the opposing client on my next letter to opposing counsel?

A. No. Read ER 4.2 and Ethics Op. 02-02.

Working Class
Avoiding missteps in law office interactions takes careful planning. Here are some suggestions. Read more.


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Copyright 2008
State Bar of Arizona

Bigamy, Cellphones, Cloning on Legislative Agenda This Year
A state Capitol rally last week for better health coverage for autistic children reflected the passions underlying many of the bills filed so far in the 2008 legislative session. Read more.

Popularity of Open-Source Software Creating Legal Concerns
Companies looking to get an edge through open-source codes and software may be setting themselves up for a fall if they are not up to speed on the legality of using other people's work. Read more.

Some Law School Grads Don't Go the Firm Route
Jason Luros is among a minority of law school graduates who, for one reason or another, embark on a career path away from law practice. Read more.

Attorneys Asked to Assist Arizona's Mortgage Crisis
Today the Arizona Supreme Court Chief Justice has called on the State Bar to aid in the effort to help residents affected by the foreclosure crisis. Read more.

Discuss Diversity Issues with Bar President
State Bar President Dan McAuliffe hosts a diversity web chat on Feb. 21. Read more.

Reception to Honor Native American Bar Formation
Members are invited to a reception honoring the formation of the Native American Bar Association of Arizona on Feb. 28. Read more.

Arizona Court of Appeals
Division One
| Division Two

January 29, 2008 – TX 07-0002 – Southwest Airlines Co. V. ADOR
Under Arizona law, may software be taxed as personal property? Is the value of avionics software installed on airplane flight computers to be valued along with the airplane for property tax purposes? Read opinion.

January 30, 2008 – 2 CA-CR 2007-0061 – State v. Patrick James Soriano
Whether a trial court may delay designation of an open-ended offense after the defendant's probationary term has expired to consider behavior that occurred before the defendant filed a motion to designate his offense. Read opinion.

9th Circuit Court of Appeals

January 28, 2008 - No. 05-16971 - Arizona Life Coalition Inc. v. Stanton
The Arizona License Plate Commission violated plaintiff's First Amendment right to free speech in denying its application for a special Arizona organization license plate that would portray its message "Choose Life." Through its special organization license plate program, Arizona has created a limited public forum for all nonprofit organizations that meet the state's statutory requirements. Thus, because the Commission denied plaintiff's application on grounds not specified in the statute, it acted unconstitutionally. Read opinion.

January 30, 2008 - No. 06-55556 - Silvas v. E*TRADE Mortgage Corp.
In a class action suit brought against E*TRADE Mortgage, dismissal of the suit is affirmed where the district court properly dismissed the action based on federal preemption as: 1) the Home Owners' Loan Act, through the Office of Thrift Supervision (OTS), preempted the entire field of lending regulation; and 2) California's Unfair Competition Law sections 17500 and 17200, as applied, are specifically listed under 12 C.F.R. section 560.2(b) as types of state laws OTS intended to preempt. Read opinion.

Law Firm Trust Accounts
This three-hour trust accounts seminar on Feb. 14th will help prepare you and your firm for an audit. Read more.

The Complete Lawyer
No Jerks Allowed!
This article looks at defining and legislating bullying. Read more.

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