Volume 10, No. 19 | September 13, 2011

eye on ethics


Q. Must an out-of-state lawyer who refers a case to me become admitted pro hac vice in order to share the fee in my PI litigation case?

A. No, so long as the out-of-state lawyer does not perform services that require pro hac vice admission, such as signing pleadings or appearing in court. 
Read OP 10-04.


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Bar Members Speak

The State Bar asked what works and what doesn’t in its member service. Here’s what you said.


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member news


David Bodney Honored With Peacemaker Award: Phoenix attorney David Bodney received the 2011 APS Peacemaker Award from Valle del Sol on September 9 at the organization’s annual Profiles of Success luncheon at the Phoenix Convention Center. more»



In the news


University of Illinois Investigating Whether College of Law Fudged Figures: The University of Illinois has launched an investigation into the accuracy of information about the median grade point average and LSAT scores disseminated by the College of Law about its incoming class. more»


New Report Highlights Economic Threat of Weak U.S. Cyber Security: A new report on cyber intelligence and cyber attacks outlines overlapping vulnerabilities in computer networks across private industry and the U.S. government, and calls for a systematic response that would prevent the harm these weaknesses could inflict on national security and the economy. more»


from the bar


Final Reminder - MCLE Affidavits of Compliance Due September 15: More than one-third of members required to file have already done so.  Members may submit their affidavits online or use the printed form contained in the September issue of Arizona Attorney. Late fees, per Rule 45, Ariz. R. Sup. Ct., are assessed if 2010-11 requirements were completed after June 30th, and/or if the affidavit is filed after Sept. 15. more»

E-Help for E-Filing is Here: The State Bar is offering electronic resources to those of you who might need a little more assistance with e-Filing. To view the August 30 recording of “e-Filing with AZ Turbo Court (last-minute, refresher training)” webinar, please click Lunch & Learn with LOMAP Lunch & Learn with LOMAP webinars.  For the more comprehensive training on e-Filing with AZ Turbo Court, please see CLE Publications and Programs.

Update on Supreme Court Rules: The Arizona Supreme Court has adjudicated on Rule Petitions at its September 1, 2011 meeting.  The adoption date is January 1, 2012 unless noted in the Court Order. Click here for the Arizona Supreme Court Rule Changes document.

Volunteer Attorneys Sought for Stand Down in Tucson: The State Bar has partnered with the Arizona Department of Veterans' Services to provide homeless veterans with free legal services at the Tucson Stand Down that will be held on Friday, September 23 and Saturday, September 24, 2011. Turn your passion into compassion and volunteer today by contacting Alberto Rodriguez.

Arizona Supreme Court Agrees to Extend Comment Period on Client Representation: The Arizona Supreme Court has issued an order granting the State Bar of Arizona's request to extend the comment period regarding its proposal dealing with lawyers who exhibit bias or prejudice while representing clients. more»

Looking for Another Way to Connect with the Bar? Joe Kanefield, our very own Bar president has been launched into cyberspace and is now providing his Twitter and Facebook followers with relevant information regarding the Bar, the Board of Governors, and the legal profession. Add him, like him and follow him on Twitter and Facebook today!

Bookmark the Arizona Attorney Magazine Legal News Center Today: Did you know that you can access the latest legal news headlines from Arizona and across the nation on the State Bar's Arizona Attorney Magazine online news center? Bookmark your legal news hub, at azbar.org/newscenter.

Don’t Miss This Event: Make sure to mark your calendar for the State Bar's Mentor Committee, Young Lawyers Division, and Solo and Small Firms Section's Kick-Off Celebration & Networking Event on September 22. For more information, click here.

Legal Services Corporation Survey - Please Act by September 16: Every five years the Legal Services Corporation (LSC) in Washington, D.C. requires the legal service providers funded by LSC in each state to conduct a brief survey of their members to identify legal needs across Arizona.  Using the information gathered, the legal aid groups can set the priority for legal aid services being offered in each area of the state. The survey should only take five minutes to complete. Deadline is September 16. Click here for the survey.

Mark Your Calendar for Los Abogados' Community Forum: In Honor of Hispanic Heritage Month, Los Abogados proudly presents a free community forum to celebrate Latino contributions to equal protection on October 13, 2011 at 5:30 p.m. The forum will feature Maria Blanco of the California Community Foundation and Christina Marin of Arizona State University as its distinguished panelists. Click here for more information.

You Got Humor? You Still Got Time: 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 for several cash prizes. Proceeds will benefit the Phoenix Rotary 100 scholarship fund. Don’t miss the extended Sept. 21 deadline to submit your humorous story, jokes or anecdotes! more»

Mark Your Calendar: The Native American Bar Association of Arizona will honor leaders in the Native American community at their annual Seven Generations Award Dinner and Silent Auction that will be held on Saturday, Sept. 24. To learn more about the event click here.

Western Conference of the Bench and Bar Coming Soon: For the first time in its history, the United States Court of Federal Claims—a federal court that sits in Washington, DC—is bringing its annual judicial conference to the West Coast.  The court’s 24th Annual Judicial Conference, Western Conference of the Bench and Bar, will be held on October 18 and 19, 2011, in Berkeley at the Claremont Resort and Spa. more»


court decisions


Arizona Court of Appeals

Division One
| Division Two

August 23, 2011 - 2 CA-CV 2011-0030 - IB Property Holdings, LLC v. Rancho del Mar Apartments Limited Partnership 
In an action over a disputed easement, did the trial court err in finding appellee would suffer irreparable harm and had a strong likelihood of success on the merits and in issuing a preliminary injunction against appellants using the standard established in Shoen v. Shoen, 167 Ariz. 58, 63, 804 P.2d 787, 792 (App. 1990), and in refusing to dissolve the injunction?  Read Opinion.

9th Circuit Court of Appeals

September 9, 2011 - 10-15909 - Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.
In an appeal from a judgment of the district court awarding plaintiff damages as against one defendant and setting aside the jury's verdict and award as against the other defendant in an action for contributory copyright and trademark infringement, judgment is affirmed on all issues of liability but reversed on the award of statutory damages. Read Opinion.

September 12, 2011 - 09-56427 - Chevron U.S.A v. M&M Petroleum Services, Inc.
In an appeal from a judgment of the district court awarding plaintiff-franchisor attorney's fees under the Petroleum Marketing Practices Act, 15 U.S.C. section 2805(d)(3), judgment is affirmed where the court did not err in determining that plaintiff was eligible to recover such fees based on defendant-franchisee's perjured and frivolous counterclaim. Read Opinion.


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