Volume 10, No. 6 | March 15, 2011

eye on ethics

Q: May a retiring lawyer transfer to another lawyer or law firm responsibility for the retiring lawyer�s closed client files?

A : Yes, but the lawyer or law firm to whom the responsibilities are transferred must consider ethical obligations such as avoiding conflicts of interest and maintaining client confidentiality. Read Op. 08-02.


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arizona attorney


Watch Your Website
This month�s Eye on Ethics column reminds you to view your website through the lens of the Ethical Rules.
Read More.



member news


Tucson YWCA Announced Women on the 2011 Move Award Recipients: The YWCA honored 17 outstanding women at the 29th Annual Women on the Move Awards Banquet held at the Westin La Paloma in Tucson.  Among them were attorneys Beth Anderson of the Pima County Attorney�s Office and Patricia Green of Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C.  The women were honored for their special achievements in the workplace and the community and for their support for the mission of the YWCA----eliminating racism, empowering women and promoting peace, justice, freedom dignity for all. Congratulations!



In the news


9/11 Plaintiffs Firm Is Ordered to Work with Conflicts Counsel: The lead law firm for some 10,000 plaintiffs in the 9/11 respiratory illness litigation has been ordered to cooperate with a special counsel appointed by Southern District Judge Alvin K. Hellerstein to alleviate a conflict of interest the judge said may have "seriously prejudiced" 59 plaintiffs. more�

For Bonds Trial, Illston Will Shield Juror Names: After considering more drastic measures to help ensure Barry Bonds gets a fair trial, Northern District federal Judge Susan Illston ruled today that juror names will remain secret until they are discharged. more�


from the bar


Board Highlights Offer Glimpse of February Activities: The Board of Governors meeting highlights are now available online. Take a read and see what�s going on at the Bar. more�

State Bar Seeks Public Board Members: The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers from throughout the state to fill two seats on its Board. The application deadline is Friday, March 25, 2011.  The participation of public members is essential to the State Bar's mission to serve the public and to its efforts to make sure Arizona residents have a strong voice in the legal system. more�

Arizona Attorney Magazine Publishes Expert Witness Guide: The Expert Witness Guide is a free resource to help attorneys who are seeking experts to assist with complicated cases. Community organizations will find the guide helpful when trying to find speakers to explain complex issues. In addition, the guide will benefit reporters when seeking experts to interview for crime and court stories. more�

Maximizing Popular Applications for Legal & ABA TECHSHOW 2011 Preview: How important is it for lawyers to stay on top of technological developments?  Learn how attorneys can get the most out of some popular computer applications and to do a quick preview of the upcoming ABA TECHSHOW 2011. more�

Legal Services Corporation Announces the Availability of Competitive Grant Funds: The Legal Services Corporation (LSC) announces the availability of competitive grant funds to provide civil legal services to eligible clients during calendar year 2012. more�

The State Bar Board of Governors has taken official positions on a number of bills in the 50th Legislative � First Regular Session: Keller v. State Bar of California 496 U.S. 1 (1990) requires that the State Bar�s legislative positions must be narrowly limited to specific issues related to its core purposes: promoting the interests of the legal profession, improving the administration of justice, improving the quality of legal services to the public and promoting advancements in Arizona jurisprudence. The State Bar of Arizona does not take positions that are divisive among its membership.  The �Annual Report of Public Policy Positions� can be viewed here.

Do You Have The Skills to Make the Best Use of Your Technology? It happens to all of us. We get comfortable with the technology that we are currently using and, although we know there are features we�re not using or upgrades we should be considering, we�re so busy � keeping up with the ever changing law, dealing with clients, and getting the work done by deadline � that we just don�t feel like we can afford to also devote time and energy to fully exploring the hardware or software in which we�ve invested. more�

Registration Open for Arizona College of Trial Advocacy: The Trial College is open to a select group of 48 attorneys. For more information and an application, click here.




court decisions



Arizona Court of Appeals
Division One
| Division Two

March 8, 2011 � IC 09-0084 � Special Fund v. ICA/Bombara/JAR
Is the election of remedies defense created by Arizona Revised Statutes ("A.R.S.")
section 23-1024(B) (1995) waived if not asserted before a determination of
compensability has become final?
Read Opinion.

February 28, 2011 � 2 CA-CR 2010-0077 � State of Arizona v. Abdulkadir Abdi
Did the trial court err in instructing the jury, pursuant to A.R.S. � 13-419, to presume the victim had acted reasonably in defense of his residence? Read Opinion.

9th Circuit Court of Appeals

March 14, 2011 � 10-30202 � US v. W. P. L.
District court imposition of a condition of supervised release that petitioner, a juvenile, register as a sex offender if required by law is affirmed where there was no abuse of discretion. Read Opinion.

March 14, 2011 � 08-56163 � Los Angeles v. San Pedro Boat Works
In a dispute involving the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. section 9607(a)(2), summary judgment in favor of defendants is affirmed because a holder of a revocable permit to use real property is not an owner of that property under the CERCLA.
Read Opinion.



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