Volume 10, No. 16 | August 2, 2011

eye on ethics


Q. What should I call a non-refundable fee that will entitle the client to a certain number of hours of my work before I shift to billing at an hourly rate?

A. A “minimum fee.”  Read OP 10-03.


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Medical Marijuana
Federal supremacy, and what employers need to know.


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member news


Bar Leadership Institute Selects 2011-12 Participants: The State Bar of Arizona's Diversity Department has selected 17 attorneys from across the State to participate in the 2011-12 Bar Leadership Institute (BLI). more»



In the news


Circuit Reverses Five Convictions in Alleged AIG Insurance Fraud: Five former executives convicted in an allegedly fraudulent reinsurance transaction between AIG and Gen Re that was intended to boost AIG's slumping stock price were granted a new trial Monday. more»


College Affirmative Action Back on Supreme Court’s Horizon: When the Supreme Court in 2003 narrowly approved the consideration of race in public university admission decisions, it came with loads of restrictions and a sort of expiration date. more»


from the bar


Attorney Suspended for Suspected Abuse of Judicial System and Exploitation of Vulnerable Individuals: The Presiding Disciplinary Judge of the Supreme Court of Arizona has temporarily suspended Phoenix attorney Grant H. Goodman.  The Hon. William J. O'Neil entered a temporary restraining order enjoining Goodman from practicing law while the Arizona Supreme Court considers Judge O'Neil's recommendation that Goodman be placed on Interim Suspension. more»

Public Members Sought for Supreme Court Committee: The State Bar of Arizona is supporting the Supreme Court of Arizona in its effort to recruit two public/non-attorney members for its Committee on Character and Fitness. Applications are available now. more»

File MCLE Affidavits Before Sept. 15 Deadline: The deadline to file your 2010-11 MCLE affidavit is September 15, 2011.  You may access your personalized CLE tracking page and MCLE affidavit on the members’ website. more»

Keep Your Practice Safe: Scammers are targeting vulnerable individuals by posing as representatives from legitimate computer and software companies that want ensure your safety. Promising to remove viruses, the scammers request remote access, but instead steal consumer’s passwords and information as well as change computers settings that could lead to identity or money theft. The State Bar has provided links from PCWorld and AZFamily.com for your convenience.

State Bar Asks Court to Extend Comment Period on Client Representation: The State Bar of Arizona Board of Governors has voted to ask the Arizona Supreme Court to extend its comment period on the Bar's proposal dealing with lawyers who exhibit bias or prejudice while representing clients. more»

John O’Connor Humor Event Coming Soon: The Phoenix Rotary 100 will host the 1st annual John O’Connor Humor event where law students, law faculty and legal practitioners around the state will compete vie for several cash prizes. Proceeds will benefit the Phoenix Rotary 100 scholarship fund. more»

Hit the Ground Running and Register with the Bar Flys Today: As part of the State Bar of Arizona's Wellness Program, the State Bar has entered a team in the 2012 P.F. Chang's Arizona Rock 'n Roll Marathon and Half Marathon "Get Fit Challenge" to be held Sunday, January 15, 2012, in Phoenix, Tempe and Scottsdale. more»


court decisions


Arizona Court of Appeals

Division One
| Division Two

July 28, 2011 - 2 CA-CR 2011-0136-PR  State of Arizona v. Gerardo Poblete
Is a petitioner entitled to relief under Rule 32.1(g), Ariz. R. Crim. P., based on the United States Supreme Court's decision in Padilla vs. Kentucky, ___ U.S. ___, 130 S. Ct. 1473 (2010), when his petition for post-conviction relief was filed untimely? Read Opinion.

9th Circuit Court of Appeals

August 1, 2011 - 10-35175 – Jachetta v. United States of America
In a property dispute arising from an action for inverse condemnation, injunctive relief, nuisance, breach of fiduciary duties, and civil rights violations, judgment of the district court dismissing complaint is affirmed where sovereign immunity bars entire action against defendant-State, but reversed where the Bureau of Land Management is only partially immune. Read Opinion.

July 29, 2011 - 07-35115 – Payne v. Peninsula Sch. Dist.
In a dispute arising from a Section 1983 complaint and involving the scope of the exhaustion requirement of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. section 1415(l), judgment of the district court dismissing action is reversed where the IDEA’s exhaustion requirement is not jurisdictional, and plaintiff's non-IDEA federal and state-law claims are not subject to the exhaustion requirement. Read Opinion.


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