Volume 11, No. 11 | May 22, 2012


eye on ethics

Q: Can I associate lawyers or law firms not employed by me as "of counsel" on my letterhead and in my advertisements?

A: Yes, but you need to identify them as "of counsel" and may need to list any limitations on their areas of practice. See Ethics Opinion 12-01.



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member news

2012 Foundation Awardees to be Honored at Annual Luncheon: Two judges and two lawyers will be honored for their commitment to the justice system as well as ensuring that the doors of justice are open for all Arizonans at the Arizona Foundation for Legal Services & Education's annual luncheon on Thursday, June 21. more»

Yavapai County Attorneys Provided Free Legal Advice on Law Day: Community Legal Services and the Yavapai County Bar Association supported Law Day to show their appreciation for the people of the surrounding community and to give thanks for all the freedom, equality and justice shared under the law in the U.S. more»



In the news

Trial of Ex-P&G, Goldman Board Member Starts in NY: The July 29, 2008, phone call between two titans of Wall Street began with the old friends exchanging mild pleasantries, but then quickly turned serious and — by the government's account — criminal. more»

Fate of 'Uninsurables' Hinges on Supreme Court: Cancer patient Kathy Watson voted Republican in 2008 and believes the government has no right telling Americans to get health insurance. Nonetheless, she says she'd be dead if it weren't for President Barack Obama's health care law. more»


from the bar

Voting Closes May 23 at 5PM for Board of Governors Seat in Maricopa County: The online election for one member on the Board of Governors closes tomorrow at 5 p.m. Questions? Contact Carrie Sherman at 602.340.7201. more»

Iraq Chief Justice to Present FREE CLE Session at State Bar Convention: The panel features a talk by the Honorable Medhat al-Mahmoud, the Chief Justice of Iraq and President of the Iraqi Higher Judicial Council about the state of the country's judiciary nearly a decade after the U.S. led invasion brought about regime change. more»

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. Learn about the program and how you can participate by clicking here.

Conference Exhibitors Offer Solutions: Looking for solutions to make your law practice more efficient?  Click here to view the companies exhibiting at this year’s convention, as well as access direct links to their websites where you will learn about the specialized products and services they offer to the legal industry.

Attorney Meyer Ziman Suspended for Engaging in Offensive Conduct: Attorney Meyer L. Ziman was suspended from the practice of law for one year after violating several Rules of Professional Conduct. He was given the sanction by a three-member hearing panel led by the Presiding Disciplinary Judge of the Supreme Court of Arizona. more»

Tucson Attorney Miriam Klaiman Suspended from the Practice of Law in Two Separate Cases: Attorney Miriam H. Klaiman of Tucson has been suspended from the practice of law for violating the Rules of Professional Conduct in two separate cases. more»

Arizona Attorneys Gary Lassen and Dennis O’Berry Suspended from the Practice of Law: Attorneys Gary L. Lassen of Tempe and Dennis C. O'Berry of Coolidge have been suspended from the practice of law for violating the Rules of Professional Conduct. more»

Attorney Suspended for Abuse of Judicial System: Attorney Grant H. Goodman was suspended from the practice of law for two years after violating several Rules of Professional Conduct. He was given the sanction by a three-member hearing panel led by the Acting Presiding Disciplinary Judge of the Supreme Court of Arizona. more»

court decisions

Arizona Court of Appeals
Division One
| Division Two

May 3, 2012 - CV 10-0896 - Long v. Olen/Church
Did the superior court apply the correct legal standard as espoused in McElhanon v. Hing in determining that ex parte communications between the probate court (retired Commissioner Lindsay B. Ellis) and various attorneys did not warrant a new trial? Read Opinion.

May 7, 2012 - 2 CA-CR 2011-0357 - State of Arizona v. Alyssa Marie Burr 
Did the trial court err by reviewing de novo and then reversing another superior court judge's previous determination in the same case that manifest necessity had existed for a mistrial? Read Opinion.

9th Circuit Court of Appeals

May 21, 2012 - 10-55769 - James v. City of Costa Mesa
In a case in which the plaintiffs alleged that two cities, by interfering with their access to the medical marijuana they use to manage their impairments, effectively prevented them from accessing public services in violation of Title II of the Americans with Disabilities Act (ADA), the district court's denial of the plaintiffs' application for preliminary injunctive relief is affirmed, where doctor-recommended marijuana use permitted by state law, but prohibited by federal law, is an illegal use of drugs for purposes of the ADA, and therefore the plaintiffs' federally proscribed medical marijuana use brought them within the ADA’s illegal-drug exclusion. Read Opinion.

May 21, 2012 - 08-16984 - Alday v. Raytheon Co.
In a class action by retired employees under section 301 of the Labor Management Relations Act and section 502 of ERISA: 1) summary judgment to the plaintiffs is affirmed, where a) the employer expressly agreed to provide 100% company-paid healthcare coverage for eligible retirees in collective bargaining agreements (CBAs), b) the employer's obligation survived the expiration of the CBAs, and c) the employer's agreed-upon obligation could not be unilaterally abrogated by the employer, regardless of the rights it reserved for itself in plan documents; and 2) the district court's rejection of the retirees' claim for punitive and extra-contractual damages is affirmed. Read Opinion.


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