Volume 11, No. 2 | January 17, 2012

eye on ethics

Q: I’m leaving my firm. What do I need to tell my clients?

A: You need to inform them that you’re leaving and they may continue representation by the firm or by you, assuming you are still willing to represent them. See Ethics Op. 10-02.

azbar.org for more news about the State Bar.

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Madness, Medicine, Murder
A recent book examines a president’s assassination and what it meant for a nation. 

Read Magazine



member news

Judge Learned Hand Awards Are Announced: Howard R. Cabot, a partner with Perkins Coie, Barbara LaWall, the Pima County Attorney, and Lindsay N. Marshall, the Executive Director of the Florence Immigrant and Refugee Rights Project, will be honored for their exceptional professional achievements and profound dedication to civic and philanthropic causes and organizations. more»

In the news

What is Law School for, Anyway?: The picture was meant to jolt the assembled crowd of legal educators. It showed the four members of Swedish supergroup ABBA, clad in their signature 1970s pop star regalia: tall platform boots, capes, sparkle galore. To put a finer point on it, Legal OnRamp Chief Executive Officer Paul Lippe played a snippet of ABBA's hit, "Waterloo." more»

DOJ Collected $1 Billion-Plus in 2011 Antitrust Fines: The U.S. Department of Justice continued to bare its teeth to criminal antitrust offenders last year, collecting more than $1 billion in fines and other monetary assessments. According to a new report issued by Gibson, Dunn & Crutcher, although individual criminal fines decreased in fiscal year 2011, the total amount secured for restitution, disgorgement, and other penalties skyrocketed to more than $500 million. The report also shows that non-prosecution agreements and a growing trend toward multi-agency investigations caused an overall shift away from criminal fines. more»

from the bar

File Your State Bar Annual Statement and Dues Online: We will not be mailing Annual Statements this year. Instead, we want you to go online where your 2012 annual statement can be completed, reviewed and submitted in one easy process by clicking here. Payments can be made by credit card or E-check through the Bar's secure website. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on Feb. 1. Online submissions will be accepted until 11:59 p.m. MST on Feb. 1, 2012. more»

Openings Available on Conflict Case Committee: The State Bar Appointments Committee is currently accepting applications from active and judicial members in good standing to fill the following upcoming vacancy. Application forms are due at the State Bar office by Wednesday, March 14, 2012. more»

Azbar.org is Now on Your Smartphone: All the features you use on azbar.org are now completely accessible from your smartphone! Find a Lawyer, Ethics Opinions, Rules, and AZ Attorney News Center. more»

Supreme Court Rule Changes: The Arizona Supreme Court has adjudicated on Rule Petitions at its December 13, 2011 meeting. more»

Application Period Extended for Vacancies on Arizona Court of Appeals: The application period for two vacancies created on Division I of the Arizona Court of Appeals by the retirement of Judge Daniel Barker and the resignation of Judge Patrick Irvine has been extended to January 31, 2012. more»

How Do You Feel About Being a Lawyer?: Volunteers are needed to participate in one of two focus groups on attorney well-being. Pearlette J. Ramos, a State Bar member and graduate student at Saybrook University, will facilitate discussions to gauge how attorneys feel about their lives, what it means to be a lawyer, and the impact of the legal culture on well-being. The sessions will be held in Phoenix on Monday, January 30, 2012 and Friday, February 3, 2012 and in Tucson on Monday, February 6, 2012. Sessions will begin at noon and are expected to go until 2 p.m. Lunch will be provided.

If you are interested in participating in a focus group, please contact Pearlette J. Ramos at 480.213.8339 or email her before Jan. 20, 2012.

Second Regular Legislative Session has Begun: The Second Regular Session of the 50th Legislature has officially begun, and numerous bills have already been introduced affecting virtually every area of law. more»

Techies Need Apply: Applications are being accepted for the Technology Committee until Feb. 1, 2012. Click here for the application form. more»

Get More Business Through the Member-to-Member Referral Guide: Sign up now to advertise in Arizona Attorney's 2012 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. Deadline for inclusion is Jan. 27. Contact Kate Cortez to request more information.

Annual Darrow K. Soll Memorial Lecture at U of A: Join the James E. Rogers College of Law at the University of Arizona as they host their annual Darrow K. Soll Memorial Lecture on February 2. The lecture will focus on Miranda, the Exclusionary Rule, Jurors Talking, Entrapment, and Harsh Sentencing in the U.S. Criminal Justice System. more»


court decisions

Arizona Court of Appeals

Division One
| Division Two

December 29, 2011 - SA 11-0227 - BNSF v. Hon. Buttrick/Crain
When an injured railway worker is a party both to a state court personal injury action and an employer's disciplinary proceeding conducted under a collective bargaining agreement, does the superior court have authority to enter a protective order that prevents direct communications between the employer and employee concerning the employee's medical condition as required by the CBA? Read Opinion.

December 28, 2011 - 2 CA-CV 2011-0053 - Goodman v. Physical Resource Engineering, Inc. 
Did the plaintiff property owner present sufficient evidence for the jury to find an implied contract, either directly or based on agency theory, between the owner and defendant subcontractor, who had been hired by the owner’s general building contractor?   Read Opinion.

9th Circuit Court of Appeals

January 12, 2012 - 10-35966 - Bowers v. Whitman
In an appeal from an order of dismissal by the district court, order is affirmed where Oregon's modification of the remedies available under Measure 37 is not a constitutional taking because: 1) any potential property interest that plaintiffs had for compensation or a specific type of land use under Measure 37 had not vested; and 2) Measure 49 does not contravene substantive due process, as it does not implicate fundamental rights or fail rational basis scrutiny. Read Opinion.

January 12, 2012 - 10-35014 - Shelley v. Geren
In an appeal from an order of the district court dismissing, on summary judgment, plaintiff's complaint for employment discrimination on the basis of age, 29 U.S.C. section 621 et seq., order is vacated where the plaintiff presented a prima facie case of age discrimination and evidence of pretext sufficient to create a material dispute as to whether age-related bias was the "but-for" cause of the defendant's failure to interview and promote him. Read Opinion.

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