Volume 11, No. 7 | March 27, 2012


eye on ethics

Q: May I use a trade name for the name of my law firm?

A: No. ER 7.5(a) prohibits law firm trade names. The names of deceased or retired partners may remain in the firm name assuming there is a continuing use of the name since the time of death and/or retirement. A lawyer has filed a petition with the Supreme Court seeking to change ER 7.5(a). For further information, check rule-change petition R-11-0046 on the Arizona Supreme Court’s website.

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member news

Brewer Picks Surgeon, Media Critic for Board of Regents: Gov. Jan Brewer has named Yuma surgeon Ram Krishna and conservative blogger and former state lawmaker Greg Patterson to the Arizona Board of Regents, the panel that oversees Arizona’s three state universities. more»

In the news

Health Law Heads to Court: In taking up President Barack Obama's health overhaul Monday, the Supreme Court wades into an issue that not only could sway this fall's elections but also could help define for generations what Congress is and isn't entitled to do. more»

High Court Has a Range of Personalities, Styles: Six men and three women will emerge from behind red velvet curtains, black-robed and silent. They will step up toward a raised bench in a cavernous courtroom as the court marshal's call of "oyez, oyez, oyez" echoes off the columned walls, announcing the arrival of the Supreme Court of the United States. more»

from the bar

Eight Attorneys Vie For Governing Board Seat: One position in Maricopa County is open on the Board of Governors.  To meet the candidates, click here.

Convention Fee Waiver: The State Bar of Arizona offers a limited number of seminar registration fee waivers to assist attorneys who are financially unable to attend the annual convention. The waiver applies to the continuing legal education programs only and entitles the recipient to attend any of the seminars during the convention at no cost. Applications must be received by Friday, May 11 and will be reviewed by the Convention Committee. Click here for Fee Waiver Form.

State Bar Issues Frequently Asked Questions on Thomas, Aubuchon, and Alexander Ethics Hearing: The State Bar of Arizona issued a set of frequently asked questions (FAQ) today to provide an awareness and understanding of the process behind the investigation, hearing, and potential disciplinary action associated with the Thomas, Aubuchon, and Alexander case. The findings of the Discipline Hearing Panel will be released at a hearing on April 10, 2012. more»

Board of Governors February Highlights: Interested in what the Board of Governors reported on, reviewed, and discussed in February? Click here for the Feb. 24 meeting highlights. more»

Are You Interested in Joining a State Bar Committee? Applications are available online and must be submitted by April 27, 2012. more»

Prescott Attorney Disbarred After Abandoning Practice: Prescott attorney Lauren E. Vanpelt has been disbarred after signing a consent agreement with the State Bar of Arizona. more»

Attorneys Suspended from the Practice of Law: Attorneys Gary B. Cargill of Tucson and Angela M. Wilson-Goodman of Gilbert have been suspended from the practice of law for violating the Rules of Professional Conduct. more»

St. Thomas More Society Invites You to the 2012 Civil Discourse Series: Join the St. Thomas More on Wednesday, April 11 for Islamic/American Relations "Getting Along in the 21st Century," featuring Islamic spiritual leader Imam Ahmad Shqeirat and best-selling author Chris Lowny. more»

32nd Isaac Marks Memorial Lecture at U of A: The Isaac Marks Memorial Lecture will feature Carol Sanger, Barbara Aronstein Black Professor of Law at Columbia Law School, who will present "About Abortion: Meaning and Methodology" on Thursday, April 5. more»

Won't You Be Our Neighbor?: The State Bar of Arizona has 3,000 to 10,000 square feet of customizable office space available for you to lease for your law firm. Click here for details.

Law Practice Tip: Cyber security poses increasing challenges for law firms. more»


court decisions

Arizona Court of Appeals

Division One
| Division Two

March 8, 2012 - CR 10-0789OP - State of Arizona v. Sosnowicz
Is a medical examiner’s opinion that the manner of death was "homicide" invariably admissible when the defendant is charged with criminally causing the death of the victim? Read Opinion.

March 2, 2012 - 2 CA-CV 2011-0108 - Kaz Construction, Inc. v. Sierra Cobre Estates, LLC.
Did the trial court err in determining a trust beneficiary was without authority to execute a deed of trust conveying the trust res to appellants and, therefore, it was invalid? Did the court err in determining further that appellee had a valid first-position mechanic’s lien on the property? Read Opinion.


9th Circuit Court of Appeals

March 26, 2012 - 09-60019 - Margery Kekauoha-Alisa v. Ameriquest Mortgage Company
The bankruptcy court's avoidance of a foreclosure sale is affirmed, where the lack of adequate public announcement that the foreclosure sale had been postponed violated Hawaii's nonjudicial foreclosure statute, and this defect was a deceptive practice under Hawaii law; but 2) the case is remanded to the bankruptcy court for a proper calculation of attorneys' fees and damages, where the bankruptcy court made no finding that the enumerated damages were caused by and fairly traceable to the mortgagee's improper postponement. Read Opinion.

March 26, 2012 - 10-56430 - Bagdasarian Productions, LLC v. Twentieth Century Fox Film Corp.
In a contract dispute between a movie studio and the owners of Alvin and the Chipmunks, the plaintiffs' interlocutory appeal of a district court order granting a motion to stay and to refer the dispute to a referee is dismissed for lack of jurisdiction, where: 1) the district court's order was not final; 2) the plaintiffs had not been put "out of court" by the order; and 3) the collateral order doctrine was inapplicable, because the decision to refer could be reviewed and, if incorrect, later remedied by the Ninth Circuit. Read Opinion.


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