Volume 10, No. 21 | October 11, 2011

eye on ethics


Q: May I work for more than one law firm?

A: Yes, but you must exercise caution because if the relationship is regular and ongoing, the conflicts of both firms will impute to each other under ER 1.10.
Read Ethics Op. 97-09.


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member news


White House Honors Four Legal Aid Attorneys as Champions of Change: Lillian Johnson of Community Legal Services in Arizona, along with three other longtime leaders at legal aid programs funded by the Legal Services Corporation (LSC), will be honored on October 13 by the White House as Champions of Change for dedicating their lives as lawyers to closing the justice gap in America.  more»



In the news


Constitutionality of Facebook Threat Charges Challenged: A Pennsylvania man who was indicted for making violent threats on Facebook is now challenging the constitutionality of the federal cyberstalking statute, arguing that the law criminalizes "pure speech" and is vague and overbroad. more»


Going In-House at Apple with Steve Jobs' Former GC: Before he became general counsel at Apple, Inc in 2007, Oracle's then-GC Daniel Cooperman was on a business trip in China and his boss's best friend called him with a question. That friend was Steve Jobs, whose company had cycled through two top lawyers back-to-back and was now facing a vacuum in Apple's law department. "He said, Look, obviously I'm not doing this right," Cooperman recalls. Jobs went on: "I need to know, what does it take?" more»


from the bar


Comments Sought for Uniform Bar Exam Rule Petition by November 15:  The Attorney Admissions Office of the Arizona Supreme Court has filed a rule petition to amend the Uniform Bar Exam (UBE).  The UBE would not change the test administered in Arizona but would allow individuals who test in other UBE jurisdictions to transfer their score to Arizona and bypass its exam, provided they meet admission requirements.  The Court has issued an order setting the first comment period for the UBE Rule Petition until November 15, 2011.  To view the rule petition, click here.

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»

Animal Law 101: The State Bar’s Animal Law Section with the Student Animal Legal Defense Fund present this series, focused on animal law, featuring insightful panelists who will connect with audiences through engaging workshops on animal/owner rights and responsibilities as well as animal protection and advocacy. more»

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 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.

Celebrating Contributions to Equal Protection: 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»

Networking Event for Tucson Attorneys: The Pima County Bar Association and the State Bar of Arizona invite you to their first co-hosted networking event in Tucson. All attorneys in Southern Arizona are invited. The event is being offered as an opportunity for you to network and meet your colleagues. Please join us and enjoy a hosted reception and cocktails. more»


court decisions


Arizona Court of Appeals

Division One
| Division Two

September 30, 2011 - 2 CA-CR 2010-0396 - State of Arizona v. Kyle Evan Smith 
Is a defendant who has one prior felony conviction that is not a historical prior felony conviction ineligible for probation under A.R.S. § 13-703 when convicted of a subsequent felony offense? Read Opinion.

9th Circuit Court of Appeals

October 4, 2011 - 08-99007 - Carrera v. Ayers
In an appeal of denial of petition for a writ of habeas corpus based on defense counsel’s claimed ineffective assistance of counsel based on the failure to object to the prosecutor's use of peremptory challenges to strike six Hispanic venirepersons, the District Court's denial of the ineffective assistance of counsel claim is affirmed where petitioner failed to present evidence sufficient to overcome the strong presumption that counsel’s performance was reasonable, as set out in Strickland v. Washington, 466 U.S. 668 (1984). Read Opinion.

October 3, 2011 - 11-16862 - Washington State v. Chimei Innolux Corp.
In an appeal from a judgment of the district court remanding parens patriae actions alleging that defendants engaged in a conspiracy to fix the prices of certain LCD panels to the detriment of consumers, judgment is affirmed where such actions filed by state Attorneys General do not constitute class actions within the meaning of the Class Action Fairness Act. Read Opinion.


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