Volume 10, No. 20 | September 27, 2011

eye on ethics


Q. If an out-of-state lawyer refers a PI case to me, may I share any resulting fee with the out-of-state lawyer?

A. Only if you and the out-of-state lawyer follow ER 1.5(e), which sets out the requirements for fee sharing. 
Read OP 10-04.


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Civics Lesson
Read about the state’s upcoming celebration, and test your legal history know-how in our quiz.


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member news


Volunteer Attorneys Help Homeless Veterans at Prescott and Tucson Stand Downs: Arizona's legal community came out in full force to support the Northern Arizona Veteran Stand Down, held on Saturday, September 24 and the Tucson Veteran Stand Down held on Friday, September 23 and Saturday, September 24.  more�



In the news


ABA Stalls on Honing Law Schools' Jobs Placements Reports: Law schools will not have to report to the American Bar Association the percentage of their 2010 graduates who landed jobs requiring bar passage or the percentage of graduates in part-time jobs. more�


Could You Survive a Social Media Background Check? As of September 2011, the U.S. Bureau of Labor Statistics reported that 14 million people are unemployed. At this rate, an employer can easily receive hundreds of responses to a single job posting. While a large applicant pool certainly gives the employer a wide variety of choices, it also makes background checks an important tool to be able to choose the most qualified candidate. more�


from the bar


Sign-up Today: The State Bar of Arizona Committee on Persons with Disabilities in the Legal Profession will host a public speaking and effective communication workshop, "Articulate Advocates," on October 4. Register today as space is limited.

ASU’s Homeless Legal Assistance Project Needs Attorney Volunteers: HLAP conducts monthly shelter visits to assist individuals with a broad spectrum of legal issues. The law students conduct the initial client intake and legal assessment. Attorney volunteers then consult with the law students to help solve the individual’s legal issue. more�

John R. Justice Student Loan Repayment Program: The Administrative Office of the Courts is pleased to announce the approval of Arizona's application for a second year of funding through the John R. Justice Program.  The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations. more�

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.

Phoenix Mayor Gordon Officially Recognizes Mediation Week: On Thursday, October 6, City of Phoenix Mayor Phil Gordon will officially recognize Mediation Week as October 16-22. more�

Building Your Connections Networking Event: Meet CPAs, bankers, attorneys and other financial professionals at one of the Valley's most engaging venues.  This event is cosponsored by the State Bar of Arizona, the Arizona Society of CPAs and the Risk Management Association of Arizona. more�

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.

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

September 27, 2011 - 2 CA-CV 2011-0025 - TDB Tucson Group, LLC v. City of Tucson
Whether the trial court erred in granting summary judgment to the City of Tucson on TDB’s claim that the City was obligated to provide water service to TDB’s Painted Hills subdivision, located outside the City’s corporate boundaries, on the basis of the court’s finding, under A.R.S. � 45-402(31)(a) and case law, that the property was not located within the City’s service area. Read Opinion

9th Circuit Court of Appeals

September 26, 2011 - 10-5039 - US v. Sykes
In an appeal from a judgment of the district court denying defendant's 18 U.S.C. Section 3582(c)(2) motion for reduced sentence, judgment is affirmed where the court’s application of a 120-month mandatory minimum term under Section 841(b)(1)(A) did not constitute the imposition of a new sentence. Read Opinion.

September 26, 2011 - 06-73470 - Jiang v. Holder
In a petition for review of a decision of the BIA denying petitioner's applications for adjustment of status, asylum, withholding of removal, and protection under the CAT with a denial of denial of petitioner's motion for a continuance and a motion to remand, petition is granted as to petitioner's adjustment of status application but otherwise denied. Read Opinion.


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