Volume 11, No. 15 | July 17, 2012


eye on ethics

Q: May clients retain me to ghostwrite pleadings for them?

A: Possibly. Ghostwriting does not violate the Arizona ethics rules. However, some courts have taken a dim view of the practice, and anonymous ghostwriting may violate the current version of Rule 11. See Ariz. Ethics Ops. 05-06 and 06-03.



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Our Last Word columnist describes his tactics to face down aggressive opposing counsel.

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member news

Endowment in Charles Pulaski's name established at ASU's College of Law: To pay tribute to his commitment to law and justice, Pulaski's family has established the Charles A. Pulaski Jr. Memorial Endowment at the College of Law. Pulaski had a distinguished career from 1980 to 1986 at ASU and, before that, as a law professor at the University of Iowa. more�


In the news

In New Abortion Battle, Planned Parenthood Sues Arizona: Planned Parenthood sued the state of Arizona on Monday in an effort to overturn a law that blocks funding for its health clinics because the organization also performs abortions. more�

Oversight Panel Disciplines Judges in Lindsay Lohan Case: L. A. County Superior Court Judges Marsha Revel and Elden Fox at the Beverly Hills courthouse were reproached by the state's Commission on Judicial Performance for their handling of Lohan's DUI case, according to documents obtained by The Times. more�


from the bar

State Bar Collaborates in Effort To Fight Notario Fraud: The State Bar of Arizona is partnering with the U.S. Citizen and Immigration Services (USCIS) to help launch a statewide initiative against the Unauthorized Practice of Immigration Law. more�

Bar's Government Relations' "Annual Report" Now Available: The "Annual Report" of the State Bar Board of Governors for the 50th Legislature, Second Regular Session, along with other year-end legislative reports, is available for review. more�

Volunteers Sought for Lawyers on Call: The State Bar of Arizona and 12 News will host the Landlord & Tenant Lawyers on Call public service program on Tuesday, July 24. If you're interested in volunteering, please contact Alberto Rodriguez by Friday, July 20.

Arizona Legal News Updated Daily: 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.

Nominations Open for the Arizona Judicial Branch 20/20 Achievement Awards: One award will be presented in each of the following groups: Probation, Limited Jurisdiction Courts, General Jurisdiction Courts, and one at-large award; for outstanding contributions in meeting the goals of Justice 20/20 "A Vision for the Future of the Arizona Judicial Branch 2010-2015." more�

Volunteers Sought for Two Arizona Supreme Court Committees: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Supreme Court Committee on Character and Fitness and the Arizona Supreme Court Committee on Examinations.

Public Figures That Shaped Arizona and U.S. Public Lands Policy Featured in Forum: Former Supreme Court Justice Sandra Day O'Connor, and former Secretary of the Interior and Arizona Governor Bruce Babbitt, among other distinguished speakers will discuss the roles of the judicial, executive, and legislative branches of the federal government and how these branches helped the development of Arizona and national public lands and public land laws. more�


court decisions

Arizona Court of Appeals
Division One
Division Two

June 12, 2012 - CV 11-0062 - Powers v. Guaranty
Does a retailer's "passing along" of an email from a manufacturer to a consumer regarding the reliability of a product constitute "an act" for purposes of the Consumer Fraud Statute? Read Opinion.

June 28, 2012 - 2 CA-SA 2012-0025 - Sierra Tucson: CRC Health Group v. Louise Litwack 
Did the respondent judge abuse his discretion in the underlying wrongful death action by granting the real party in interest leave to file a first-amended complaint adding a Pima County resident as a defendant after the defendants had filed an affidavit pursuant to A.R.S. � 12-404(A) requesting that the case be transferred to Pinal County, and real party in interest did not file a controverting affidavit within the five-day period prescribed by the statute? Read Opinion.

9th Circuit Court of Appeals

July 16, 2012 - 10-30237 - United States v. Pariseau
In a conviction of defendant of attempted possession to distribute more than 500 grams of methamphetamine, district court's denial of defendant's motion to suppress evidence of the drugs that were strapped to his legs while at an airport, is affirmed as, the district court did not clearly err in finding under the totality of the circumstances that defendant voluntarily consented to the search. Read Opinion.

July 16, 2012 - 10-5670 - Terenkian v. Republic of Iraq
In a suit brought by oil brokerage companies against the Republic of Iraq for unilaterally terminating contracts for the purchase and sale of Iraqi oil, district court's holding that it had subject matter jurisdiction to hear the action notwithstanding Iraq's assertion of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. section 1602, is reversed as the lawsuit is not based upon commercial activity by Iraq in the United States nor upon an act in connection with such commercial activity having a direct effect in the United States. Read Opinion


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