Volume 11, No. 8 | April 10, 2012


eye on ethics

Q: May the costs and expenses of litigation be advanced to a client, with repayment contingent upon recovery in the case?

A: Yes. While the rules previously prohibited advancing contingent costs, ER 1.8(e) now allows it.



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member news

Glendale Judge Leads National Organization: The largest organization representing judges at specialized court levels in the nation is being led by Judge Elizabeth Finn, Glendale’s presiding city court judge. more»


In the news

Thomas, Aubuchon Disbarred: Former Maricopa County Attorney Andrew Thomas and his onetime deputy, Lisa Aubuchon, were stripped of their law licenses today as a disciplinary panel handed down the toughest sanctions possible for ethical violations in a case that attracted national interest. more»

Four Firms Take Lead on AOL's $1 Billion Patent Sale to Microsoft: Four Am Law 200 firms are working on a deal announced Monday that will see AOL sell a portfolio of more than 800 patents to Microsoft for nearly $1.1 billion in cash. more»

from the bar

Attorneys Disciplined for Using Positions to Punish Adversaries: A three-member disciplinary panel has ordered attorneys Andrew Thomas and Lisa Aubuchon be disbarred for violating the Rules of Professional Conduct. A third attorney, Rachel Alexander, will be suspended for six months and one day. more»

State Bar Annual Report Available Online:The State Bar of Arizona has published its 2011 Annual Report, celebrating Arizona's Centennial. The report includes a wealth of information regarding the Bar's member services and demographics, organizational initiatives and finances, in addition to highlighting several accomplishments. You'll also get snapshot of a few of the Bar's expenses related to the member services it provides. 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»

Bar Members Asked to Comment: The Civil Jury Instruction Committee of the State Bar of Arizona has submitted proposed new instructions and revisions to the current 2005 civil jury instructions. The Rules Committee is requesting a review of the proposed changes, and is asking members for any comments or feedback. Click here to view the current instructions and proposed instructions. If you wish to respond, please do so not later than April 23, 2012 and send your comments to rules@azbar.org.

Applications Now Open for 2012-13 Bar Leadership Institute: The Institute is a one-year program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys. more»

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. Fee Waiver Form.

FREE Scholars Lecture at ASU: The Annual Shoen Leading Scholars Lecture, featuring Professor Jack Goldsmith, will be held on Thursday, April 12, 2012. Professor Goldsmith, Henry L. Shattuck Professor at Harvard Law School, will challenge the conventional wisdom that 9/11 sounded the death knell for presidential accountability. more»

Conference Centered Around Comprehensive Law Movement: Phoenix School of Law (PSL) invites law students, lawyers, judges, mediators and other legal professionals to an exciting conference taking place on April 13-15th centered around an international law movement gaining more notoriety around the world known as Comprehensive/Integrative Law. more»

Help to Train and Develop Future Lawyers: 2012 Phoenix School of Law Valley of the Sun Law Clerk Program has been designed to attract private law firms and business employers to hire students as summer law clerks. The Program is made possible by a grant from PSL to participating employers. The grant covers a match of the hourly wages paid to the student by the employer. more»

Celebrate the Women Presiding Judges Serving Southern Arizona: Please join the Southern Arizona chapter of the Arizona Women Lawyers Association for the Annual Wine & Cheese Reception Honoring the Women Presiding Judges Serving Southern Arizona on Friday, April 13, 2012. more»

Prosecutorial Oversight Discussion: The Arizona Justice Project invites you to join them Thursday, April 26th to discuss attorney accountability in criminal cases as part of a national Prosecutorial Oversight Discussion. Exonerees John Thompson will be present to discuss misconduct from their cases and our panelists will address this issue and how to prevent future prosecutorial misconduct. more»

Exonerated Not Executed: Arizona Justice Project invites you join them Friday, April 27th for "Exonerated Not Executed" marking the 10-year exoneration anniversary of death row exoneree Ray Krone.We will dissect the Krone case with a host of panelists, including DNA analysts, former jurors from the trial, attorneys, and Krone himself. more»

The Night Run Team Challenge: Join legal professionals as they celebrate an evening of fitness and community at the annual Night Run in Scottsdale. Legal professionals have accepted the "team challenge" and are organizing a group comprised of lawyers, law firms, and law-related businesses for the Night Run to have fun and set fitness goals together! more»

Law Practice Tip: Proper disclosure on your insurance application. more»


court decisions

Arizona Court of Appeals
Division One
| Division Two

March 27, 2012 - MH 11-0054 - In re MH 2011-000914
1. Did the evaluating doctor examine the patient?
2. Was the resulting affidavit legally sufficient when it did not contain any facts to support the mental illness diagnosis? Read Opinion.

March 8, 2012 - 2 CA-CV 2011-0072 - In re the Estate of Fred N. Kirkes
Did the trial court err by invalidating a beneficiary designation of more than fifty percent of an individual retirement account, reasoning that appellee was entitled to fifty percent as her share of community property? Read Opinion.


9th Circuit Court of Appeals

April 9, 2012 - 10-56187 - L.A. Printex Industries, Inc. v. Aeropostale, Inc.
In a copyright infringement action by a fabric printing company against an apparel wholesaler and a mall-based retailer, the district court's summary judgment order in favor of the defendants is reversed, where: 1) the plaintiff raised a genuine dispute of material fact on the issue of the defendants' access to the plaintiff's work; 2) a reasonable juror could have found that the two designs at issue were substantially similar; and 3) the record did not show that the plaintiff's copyright registration was invalid. Read Opinion.

April 9, 2012 - 10-36152 - Moss v. United States Secret Service
In a suit stemming from a protest demonstration against President Bush during the 2004 presidential campaign: 1) the district court's ruling denying the defendant Secret Service agents' motion to dismiss a Bivens claim for viewpoint discrimination is affirmed, where the plaintiffs alleged a plausible First Amendment claim, and the agents were not entitled to qualified immunity; but 2) the district court's denial of the defendant police supervisors' motion to dismiss a 42 USC section 1983 claim is reversed, where the plaintiffs did not allege sufficient facts to support a plausible Fourth Amendment claim against the supervisors for use of excessive force. Read Opinion.


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