Volume 11, No. 25 | December 4, 2012


eye on ethics

Q: May I identify a lawyer who is not an employee or associate of my firm as “of counsel” to my firm?

A: Yes, but only if the lawyer maintains a “close, regular, [and] personal relationship” with your law firm in fact and not merely in name. See, ABA Op. 90-357, Ethics Op. 12-01.


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Branded Lawyers
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member news

Melissa Ho of Polsinelli Shughart Honored by NAPABA: Here is some great news that involves a member of the State Bar of Arizona Board of Governors. Melissa was among a distinguished group of lawyers honored by the National Asian Pacific American Bar Association (NAPABA) on November 17 at a Washington DC event. She received one of the coveted 2012 Best Lawyers Under 40 Awards. more»

Attorney and Local Civil Rights Leader Wins 2013 MLK Servant Leadership Award from ASU: The 2013 winner of the Martin Luther King Jr. Servant Leadership Award is Antonio Bustamante, an Arizona resident who grew up in Douglas, Arizona. more»


In the news

State Bar of Arizona Investigating Tom Horne: The State Bar of Arizona is investigating Tom Horne, adding to the legal woes of the state's top lawyer. Bar spokesman Rick DeBruhl confirmed for Capitol Media Services that his organization was looking into a complaint that the attorney general violated rules which govern the conduct of lawyers. more»

Vote of Confidence - Despite Uncertainty All Around Them, Law Firm Leaders are Optimistic About 2013: Leaders of the country's highest-grossing law firms are ready to put the recession behind them and embrace a cheerful narrative—if only the world economy will play along. In The American Lawyer 's 10th annual Law Firm Leaders survey, 75 percent of the 113 participating Am Law 200 managing partners and chairs described themselves as either somewhat or very optimistic with respect to their firms, a slight increase over 73 percent a year ago. more»

from the bar

State Bar Offices Closed for the Holidays: The State Bar of Arizona will close for the Christmas and New Year's Day holidays. The Christmas closure will be on December 24 and 25 with normal business hours resuming on Wednesday, December 26. The New Year's Day closure will be on December 31 and January 1 with normal business hours resuming on Wednesday, January 2, 2013. more»

Understanding Lawyer Regulation - Process to Prevention: When it comes to lawyer regulation, knowledge is power. The free 30-minute webinar will take you through the process and will give you helpful tips on avoiding the most common bar charges and what you should do if you receive a bar charge. more»

Tucson Attorney Disbarred After Abandoning Practice: The Presiding Disciplinary Judge of the Arizona Supreme Court ordered that Grady S. Wade of Tucson be disbarred, effective Oct. 31, 2012. Click here for the Bar's news release and here for the story in the Arizona Daily Star.

Volunteers Sought for Three Judicial Nominating Commissions: The State Bar of Arizona is currently seeking applicants to fill vacancies on the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, and the Pima County Commission on Trial Court Appointments. Individuals interested in applying must submit their application by Wednesday, January 9, 2013.

Judicial Branch of Maricopa County Publishes Annual Report: The Judicial Branch of Arizona in Maricopa County is pleased to present their 2011-2012 Annual Report. Take a few moments to look over their report and the work of the Superior Court, Adult and Juvenile Probation, and the Justice Courts. more»

Governor Accepting Judicial Applications for Mohave County Superior Court: Governor Brewer announced she is currently accepting applications for a newly created judicial position on the Mohave County Superior Court. more»

Polsinelli Shughart Lawyers Sport Moustaches to Raise Awareness of Men’s Health Issues: You don’t normally see attorneys, some of whom are headed to court, sporting moustaches inside the walls of a national law firm. But 21 Polsinelli Shughart attorneys and staff put down their razors during November as part of the national “Movember” campaign to raise awareness of men’s health issues. more»

Give to Legal Charities and Earn a Tax Credit at the Same Time!: How would you like to donate money to help legal services in Arizona and then get all that money back? You can do it by making a donation to legal aid organizations that qualify for the Working Poor Tax Credit. more»

Support the Judge John Roll Memorial Scholarship Fund: Learn how to sponsor a runner in this year’s P.F. Chang’s Rock ‘n’ Roll Arizona Marathon and Half Marathon. Proceeds from the legal community benefit the Fund. more»

court decisions

Arizona Court of Appeals
Division One
Division Two

November 15, 2012 - 1 CA-CV 11-0729 - Thompson v. Corry
1.  Do Arizona Rule of Family Law Procedure 92(E)(2) and/or Arizona Revised Statutes section 25-324 authorize an award of attorney’s fees to a party represented by pro bono counsel? 2.  Assuming fees can be awarded to pro bono counsel, should they be based on prevailing market rates or the actual cost of representation? Read Opinion.

November 20, 2012 - 2 CA-CV 2012-0073  Flores v. Martinez
Whether the court of appeals has jurisdiction over an appeal from the trial court’s order which was entered while this court’s mandate in a prior appeal had not yet issued.  Read Opinion.

9th Circuit Court of Appeals

December 4, 2012 - 11-35162 - In the matter of Bellingham Ins. Agency, Inc.
In bankruptcy proceedings, district court's affirmance of the bankruptcy court's summary judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate is affirmed where: 1) the public rights exception to the rule of Article III adjudication does not encompass federal-law fraudulent conveyance claims, even though Congress designated such claims as core bankruptcy proceedings, and 11 U.S.C. section 157(b)(1) provides bankruptcy courts the power to hear fraudulent conveyance cases and to submit reports and recommendations to the district courts; 2) the right to a hearing in an Article III court is waivable, and in this case, the nonclaimant consented to the bankruptcy judge's adjudication of the fraudulent conveyance claim by failing to object until the case reached the court of appeals; 3) the trustee satisfied all elements of a constructively fraudulent transfer of the debtor's property under 11 U.S.C section 548 and under state law; and 4) because the nonclaimant was a successor corporation of the debtor, it was liable for its debts. Read Opinion.

December 3, 2012 - 10-56023 - Martinez v. Napolitano
District court's dismissal of a Guatemalan citizen's suit challenging the BIA's denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture, as arbitrary and capricious and therefore in violation of the Administrative Procedure Act (APA), is affirmed where: 1) the district court properly dismissed the action for lack of subject matter jurisdiction because 8 U.S.C. section 1252(a)(5) prohibits APA claims that indirectly challenge a removal order; and 2) all claims challenging the procedure and substance of agency determinations "inextricably linked" to the order of removal are prohibited by section 1252(a)(5), no matter how the claims are framed. Read Opinion.

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