Volume 11, No. 26 | December 18, 2012


eye on ethics

Q:  May I practice law under my former name after I have changed my name even though I want to use and be known by my new name outside of my law practice?

A:  You must practice law using the name appearing on the records of the State Bar of Arizona in order to prevent making a false or misleading communication about you or your services to your clients and potential clients in violation of ER 7.1. See, Ethics Op. 12-02.


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Adi�s, Uncle Sam
What leads people to renounce their U.S. citizenship?

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member news

AZFLSE Recognizes Attorney Clifford Frisbie: The Arizona Foundation for Legal Services and Education (AZFLSE) would like to recognize and highlight the positive contributions made by attorney, Clifford Frisbie.  He volunteers his time by answering questions submitted by the public to AZLawHelp.org.  Frisbie began answering questions as an extern while in law school, and as an attorney, he continues his dedication to serving those in need. The AZFLSE would like to thank Clifford Frisbie for his work in promoting access to justice and legal information.


In the news

Arizona Supreme Court to Allow 3Ls to Sit for the Bar: The Arizona Supreme Court gave the green light December 10 to an experimental proposal allowing third-year law students to take the bar exam before they graduate, a move law school officials hope will give students a leg up in the job market. To view the order click here, or to read the article as posted on LAW.COM (registration required), click here.

Post-Newtown Gun Legislation Will Hinge on 'Heller': If Congress opens a serious debate on new federal restrictions on firearms in the wake of the Newtown school shootings, the U.S. Supreme Court's landmark Second Amendment decision will be fodder for proponents and opponents. 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�

File Your State Bar Annual Statement and Dues Online: The State Bar will not be mailing Annual Statements this year. Instead, please go online where your 2013 annual statement can be completed, reviewed and submitted in one easy process by clicking here.  Payments can be made by credit card or E-check through the Bar's secure website. When you submit your statement and submit dues online, your receipt will include a temporary bar card for use until the permanent one is mailed to you. To avoid delinquency fees, your statement and fees must be postmarked or received in the State Bar office by 5 p.m. MST on February 1, 2013. Online submissions will be accepted until 11:59 p.m. MST on February 1, 2013. 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�

State Bar Expands Member Assistance Program: The State Bar of Arizona has expanded its Member Assistance Program (MAP) statewide to reach lawyers needing help with stress, depression, substance abuse, alcohol, and mental health issues. Don't let personal problems tear you apart, confidential help is just a click away. more�

New IRS Rule Could Cause Problems If You Accept Debit or Credit Cards: Starting January 1st, attorneys who accept credit cards need to make sure that the names on their merchant accounts match the ones the IRS has on file. Some attorneys may have used abbreviations or acronyms when they opened their accounts. more�

Tempe Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Emile J. Harmon be reinstated as an active member of the State Bar of Arizona. more�

Attorneys Alan E. Gooding and Eddie A. Pantiliat Suspended from the Practice of Law: Attorneys Alan E. Gooding of Tucson and Eddie A. Pantiliat of Scottsdale have been suspended from the practice of law for violating the Rules of Professional Conduct. more�

Tucson Attorney C. Thomas Mason Suspended from the Practice of Law: Attorney C. Thomas Mason of Tucson has been suspended from the practice of law for one year after violating the Arizona Rules of Professional Conduct. more�

Supreme Court Adjudicates Rule Petition: The Arizona Supreme Court decided on Rule Petitions at its December 5, 2012 meeting.  The effective date is January 1, 2013 unless noted in the Court Orders.  For further information, click here.

State Bar Seeks Your Input Regarding Document Preparer Services: The Arizona Supreme Court has requested comment regarding the permissible services of Legal Document Preparers.  The State Bar Board of Governors is now seeking your input.  For further information, click here.

Application Period Extended for the Vacancy for Pinal County Superior Court: The application period for the vacancy created on the Pinal County Superior Court by the retirement of Judge Janna L. Vanderpool has been extended to January 4, 2013. Pursuant to Article 6 �41.B. of the Arizona Constitution and as determined by the 2010 census, Pinal County reached the population threshold for a Pinal County Commission on Trial Court Appointments to be formed to recommend qualified residents to the Governor for appointment to the Superior Court in Pinal County. more�

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.

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

December 4, 2012 - 1 CA-CV 11-0572 - Wells Fargo v. Allen
When a plaintiff moves for summary judgment, does the defendant bear a burden to demonstrate that summary judgment is not appropriate? Read Opinion.

December 5, 2012 - 2 CA-CR 2011-0169 - State of Arizona v. Nelson E. Nottingham 
What effect, if any, does Perry v. New Hampshire, ___U.S.___, 132 S. Ct. (2012), have in modifying Arizona Supreme Court jurisprudence addressing (1) whether a defendant is entitled to a Dessureault hearing when the suggestive pretrial identification procedure occurs at a court proceeding and therefore is not arranged by police, and (2) whether a defendant remains entitled to an identification instruction under such circumstances even if not entitled to a Dessureault hearing? Read Opinion

9th Circuit Court of Appeals

December 17, 2012 - 11-35166 - Washington Shoe Co. v. A-Z Sporting Goods, Inc.
In a copyright infringement action concerning certain styles of boots, district court's dismissal of a Washington company's action against an Arkansas retailer for lack of personal jurisdiction is reversed where: 1) applying Washington's long-arm statute, the retailer was subject to personal jurisdiction in Washington even though its only relevant contact with the state was a claim that it willfully violated a copyright held by a Washington corporation; 2) the plaintiff made a prima facie showing that the retailer purposefully directed its activities at the forum state because it engaged in intentional acts expressly aimed at Washington, causing harm that it knew was likely to be suffered in that state; and 3) the retailer's alleged infringement of plaintiff's copyright, and its knowledge of both the existence of the copyright and the forum of the copyright holder, was sufficient "individual targeting" to satisfy the "express aiming" requirement. Read Opinion.

December 13, 2012 - 12-55067 - Managed Pharmacy Care v. Sebelius
In a suit brought by various providers and beneficiaries of Medi-Cal against the Secretary of the Department of Health and Human Services and the Director of the California Department of Health Care Services, claiming that the reimbursement rate reductions do not comply with 42 U.S.C. section 1396a(a)(30)(A), district court's grant of preliminary injunctions in favor of the plaintiffs is reversed and vacated where: 1) Orthopaedic Hosp. did not control because it did not consider the Secretary's interpretation of section 1396a(a)(30)(A); 2) the Secretary's approval of California's requested reimbursement rates, including her permissible view that prior to reducing the rates states need not follow any specific procedural steps, was entitled to Chevron deference, and the Secretary's approval complied with the Administrative Procedures Act; 3) plaintiffs were unlikely to succeed on the merits of their Supremacy Claus claims against the Director because the Secretary had reasonably determined that the state's reimbursement rates complied with section 1396a(a)(30)(A); and 4) none of the plaintiffs had a viable takings claim because Medicaid, as a voluntary program, does not create property rights. Read Opinion.

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