Q: I'm thinking about changing law firms. What happens to my clients?

A: Clients decide whether to go with you, stay with the firm or go elsewhere. Read Ethics Op. 99-14.





Creative Arts Competition
Submit your work to our annual competition: ArtsContest@azbar.org Read rules.

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Copyright 2008
State Bar of Arizona



Alleged 9/11 Mastermind and 4 Co-Defendants Seek Guilty Plea
Khalid Sheikh Mohammed and four other Guant�namo detainees charged with planning and coordinating the Sept. 11 attacks have asked a military judge to accept their confessions in full. The request appeared to be intended to cut short any effort to try them, and to challenge the United States government to put them to death. Read More.

State association passes membership requirements for in-house counsel
Starting in January, lawyers who serve as in-house corporate counsel to Arizona businesses or work in Arizona but are in-house counsel for companies out of state must register and be licensed by the State Bar of Arizona. Read more.

Arizona high court to hear transfers case
The state Supreme Court has agreed to decide how much power the Attorney General's Office has over activities of multi-state corporations that occur outside of Arizona. Read more.



State Bar Files Emergency Petition to Allow Credit Card Payments
The Bar has filed a motion to amend Supreme Court Rules 42 and 43 that would address the impact of Ethics Op. 08-01, which concluded that lawyers and law firms may not ethically accept payment by credit card for advance fees, costs, or expenses. Read more.

2009 Annual Membership Fees
Please be looking for your Annual Fee Statement in the mail. As a reminder, annual membership fees are due on or before February 1 each year.
This year, as in years past, your entire 2009 annual fee statement can be completed, reviewed and submitted online. Payment is easy through the Bar's secure Web site, www.myazbar.org/fees. Using this technology reduces association costs and improves accuracy, all while ensuring the privacy of your transaction. To file online, please click here.

Proposed Changes to Oath of Admission
The State Bar plans to submit to the Supreme Court in January the attached revision to the Oath of Admission. Members are encouraged to submit their opinions to President Ed Novak at president@azbar.org by December 12. Read more.

State Bar Seeks to Fill Chief Bar Counsel Position
Applications are being received for this full-time position. Read more.

Defense Counsel Asked to Support Arizona Justice Project
The Arizona Justice Project in conjunction with the Arizona Attorney General's Office receives a grant for post-convention DNA testing. Read more.

Exciting Changes Are Coming to lexisONE
Exciting changes are coming to lexisONE! This is a free member benefit, so take advantage of access to free case law, forms and more. Read more.



Arizona Court of Appeals
Division One
| Division Two

December 4, 2008 - SA 08-0237 - Reed v. State/Burke
Does the ten-day deadline in Arizona Rule of Criminal Procedure 10.2(c) apply to a motion for change of judge when the triggering event is the withdrawal of a plea under Rule 17.4(g)? Read opinion.

November 26, 2008 - 2 CA-CV 2007-0153 - Alvin S. Ratliff v. Daniel M. Hardison, Sr.
Did the trial court err in granting summary judgment in favor of the plaintiff real estate seller when it found, as a matter of law, that the defendant purchaser anticipatorily repudiated the purchase agreement and did not subsequently retract his repudiation? 2. Does A.R.S. � 33-422 require a seller of real estate to provide an affidavit of disclosure once the buyer has anticipatorily repudiated the purchase agreement? Read opinion.


9th Circuit Court of Appeals

December 5, 2008 - US v. Eghbal, No. 07-55372
In a civil action brought under the False Claims Act against defendants for making false statements to procure home mortgage insurance from the Department of Housing and Urban Development (HUD), summary judgment against defendants is affirmed where: 1) they were liable under the FCA for making false claims even though they sought only to fraudulently induce HUD to insure mortgages, not to have the buyers default or cause the mortgage holders to make claims on HUD; 2) regardless of the causation standard applied, the evidence in the case satisfied it; and 3) a claim that the correctly-calculated judgment against them violated the Eighth Amendment was meritless. Read opinion.

December 5, 2008 - US v. AMC Entm't, Inc., No. 06-55390
In an action under the Americans with Disabilities Act (ADA) seeking to require AMC to provide "full and equal enjoyment" to disabled moviegoers in ninety-six stadium-style multiplexes located across the nation, a remedial order issued against AMC is vacated and remanded for further proceedings where: 1) the injunction violates due process because it requires modifications to multiplexes that were designed or built before the government gave fair notice of its interpretation of the applicable regulation; and 2) the district court abused its discretion in neglecting comity concerns when issuing a nationwide injunction that included the Fifth Circuit. Read opinion.



Tax-Effecting the Division of Assets in Divorce Cases - ARS 25.318(B)
Attorneys and a CPA review hypothetical scenarios to apply the law to the division of assets in divorce cases. Learn the applicable Internal Revenue Code sections. Read more.

The Complete Lawyer
Mexico: Working With The "Ma�ana" Culture
The success of Volkswagen and Cadbury Schweppes in Mexico is testament that it is possible to overcome obstacles and carry out a successful venture here. Read more.


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