Q: I'm getting lots of work due to my marketing, so I'm going to hire an associate. May I make the associate agree to reimburse me for marketing costs if the associate leaves and takes any of my cases?

A: No. Doing so would violate the policy underlying ER 5.6 that puts the commercial interests of law firms secondary to the need to preserve client choice. Read Ethics Op. 09-01.

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

Arts Deadline Approaches
The deadline to submit your work to our annual arts competition is Jan. 15, 2010. Submit at ArtsContest@azbar.org. Read more.


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Copyright 2009
State Bar of Arizona

Lawyers Can Post Clients' Files on Web
Lawyers can make their clients' files available to them on the World Wide Web but only if they take proper safety precautions, the Ethics Committee of the State Bar of Arizona concluded. Read more.

Will Changes in Associate Pay and Training Hurt Law Firms?
Law firms that are cutting associate pay, adopting new training programs and abandoning lockstep compensation could find themselves at a disadvantage when the economy recovers, a legal recruiter says. Read more.

For Judges on Facebook, Friendship Has Limits
Judges and lawyers in Florida can no longer be Facebook friends. Read more.

State Bar Offices to Close Early on Dec. 24 and
Dec. 31

The State Bar of Arizona offices in Phoenix and Tucson will close at noon on Dec. 24 and Dec. 31. Read more.

State Bar Ethics Committee Releases New Opinion on Client Files
The State Bar's Ethics Committee recently released a new opinion, 09-04, on giving clients online access to their files. Read more.

Submit 2010 Annual Membership Fees Online
The 2010 fee statements were mailed in early November. Members may review and submit their 2010 annual membership fees online at www.myazbar.org/fees. The fees are due on or before Feb. 1 each year.

Free In-Depth Fastcase Training on Jan. 15 May Qualify for CLE Credit
The State Bar of Arizona offers free, unlimited access to Fastcase as a benefit to members. Read more.

Arizona Court of Appeals
Division One
| Division Two

December 17, 2009 - 2 CA-CR 2009-0213-PR - State of Arizona v. Cesar Lopez
In a proceeding governed by Rule 32, Ariz. R. Crim. P., did the trial court abuse its discretion in declining to consider claims of ineffective assistance of trial and appellate counsel raised for the first time in the petitioner's reply brief? Read opinion.

December 15, 2009 - CV 08-0840 - Amtrust Bank v. Fossett
Does a lender discharge a debt, within the meaning of Arizona law, by issuing an Internal Revenue Service Form 1099-C to a borrower in default? Read opinion.

9th Circuit Court of Appeals

December 18, 2009 - No. 08-71168 - Aden v. Holder
In a petition for review of the denial of petitioner's asylum application, the petition is denied where: 1) the BIA properly required corroboration of petitioner's testimony; and 2) though the three letters submitted by petitioner supported the conclusion that petitioner's claimed clan and subclan existed, the law was that in order to reverse the BIA finding, the court of appeals must find that the evidence not only supported such conclusion, but compelled it. Read opinion.

December 11, 2009 - No. 08-15549 - Alvarado v. Cajun Operating Co.
In an Americans with Disabilities Act (ADA) action alleging that defendant retaliated against plaintiff for complaining that his manager had discriminated against him based on his disability, an order denying plaintiff the right to seek compensatory and punitive damages is affirmed where the plain and unambiguous provisions of 42 U.S.C. section 1981a limited the availability of compensatory and punitive damages to those specific ADA claims listed, and retaliation was not on the list. Read opinion.


Upcoming CLE programs
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