Q: I withdrew because of a conflict with the client. If I tell my client's new lawyer about it, she'll have the same conflict. What do I do?

A: Briefing successor counsel may indeed taint the successor. Read Ethics Op. 09-02.

Save time and money by expediting the creation and processing of subpoenas.

Cruel & Unusual
Disembowelment, poisoning by hemlock, decapitation -- among other penalties -- are covered in Part 1 of our illustrated Eighth Amendment. Read more.


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State Bar of Arizona

Recruiting Lawyers in Grade School
The State Bar of Arizona just launched a pilot program to get more students, especially minorities interested in studying law like these 7th and 8th graders at Cloves Campbell Sr. Elementary. Read more.

Billing Rates Projected to Increase 3.2% in 2010
Big law firms are shrinking and so are associate salaries. But billing rates are expected to go up next year. Read more.

Federal Judge Releases Written Opinion on 'Red Flags Rule'
The judge who ruled that lawyers can't be forced to comply with new federal rules meant to prevent identity theft released his written opinion. Read more.

State Bar Offices to Close on Friday Afternoon
Due to State Bar holiday festivities, the offices in Phoenix and Tucson will close at 1 p.m. on Friday, Dec. 11. The offices will reopen at 8:30 a.m. on Monday, Dec. 14.

State Bar Committee to Help Military and Veterans
Finding new ways to help Arizona military and veterans solve their legal issues is the focus of a new committee at the State Bar of Arizona. Read more.

Senior Lawyers to Gather for Luncheons
Senior and retired State Bar members are invited to participate in the Senior Lawyers Luncheons. The next gathering will be 11:30 a.m. on Jan. 21 at the Arizona Italian American Club, 7509 N. 12th St. in Phoenix. Read more.

State Bar Ethics Committee Releases New Opinion
The State Bar's Ethics Committee recently released a new opinion, 09-03, on trust accounts. Read the opinion.

Time to Get Creative
The annual Creative Arts Competition has kicked off at Arizona Attorney magazine. Submit your witty humor pieces, dramatic photography, clever fiction and other works by Jan. 15. Here are the categories.

Member-to-Member Referral Guide
Sign up now to advertise in Arizona Attorney's 2010 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. The guide will be published in the April 2010 issue of Arizona Attorney magazine. Request information.

Register by Dec. 18 for Arizona Appellate Practice Institute
Register by Dec. 18 for the Arizona Appellate Practice Institute on Feb. 27 in Phoenix. Keynote speakers are Hon. Mary M. Schroeder, former Ninth Circuit Court of Appeals Chief Judge, and Hon. Ruth McGregor, former Arizona Supreme Court Chief Justice. Read more.

St. Thomas More Award
The St. Thomas More Society is accepting nominations until Dec. 20 for the annual St. Thomas More Award. Read more.

Arizona Court of Appeals
Division One
| Division Two

December 3, 2009 - CV 09-0611 - Katan v. City of Prescott
If a candidate in a municipal primary election who qualifies to be on the general election ballot withdraws his candidacy, should the next highest vote getter be placed on the general election ballot in his place? Read opinion.

December 1, 2009 - 2 CA-CR 2008-0294 - State of Arizona v. Danny Louis Musgrove
Does double jeopardy attach when a trial judge grants a judgment of acquittal and, after continuing discussion, reconsiders, denies the motion and allows the charge to go to the jury? Read opinion.

9th Circuit Court of Appeals

December 7, 2009 - No. 08-55398 - Brown v. S. Cal. IBEW-NECA Trust Funds
In an ERISA action regarding the suspension of plaintiff's early retirement benefits, judgment for plaintiff is affirmed where defendant trustees conflated "electrical construction work" with "employment as an electrical contractor" under the benefits plan, thus running afoul of the court of appeals' holding that "each provision in an agreement should be construed consistently with the entire document such that no provision is rendered nugatory." Read opinion.

December 3, 2009 - No. 08-55296 - Bradway v. Cate
In a murder prosecution, denial of petitioner's habeas petition is affirmed where the California special circumstances statute that enhanced petitioner's first-degree murder sentence to life without the possibility of parole (specifically, the lying in wait special circumstance) was not unconstitutionally vague under the Fourteenth Amendment. Read opinion.


Upcoming CLE programs
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