Q: Trial starts next week. My client just fired me. What now?

A: You're counsel of record until the court says you're not. A client remains so until the lawyer's withdrawal is complete regardless of the reasons for and timing of the cessation of the lawyer-client relationship. Read Ethics Op. 09-02 and ER 1.16(c).



Save time and money by expediting the creation and processing of subpoenas.



DV & Our Courts
Our author addresses court changes that would level the playing field for domestic violence victims. Read more.






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State Bar of Arizona



Justices Vie, With Humor
U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer drew laughs from taking a few good-natured jibes at one another, while raising thought-provoking questions about how to interpret the Constitution in an evolving society. Read more.

Study Finds 'Astounding' Absence of Women in Top Rainmaking Roles
A new study has found that women are "terribly underrepresented" in the ranks of major rainmakers at top U.S. law firms. Read more.

Justice's Old House Finds a New Home
Known for her stoicism, former U.S. Supreme Court Justice Sandra Day O'Connor said she could not mask her emotion at the sight of her 1958 adobe house restored on a desert bluff in Papago Park. Read more.

Statement of ABA President on House Passage of H.R. 3763 (Red Flags Rule)
Carolyn Lamm, ABA President, said, "The vote was an important recognition that the FTC's interpretation of the Red Flags Rule over-reaches and its application to lawyers is unneeded. This legislative solution is incomplete and would burden both large segments of the public and the FTC with new layers of unwarranted bureaucracy." Read more.



Random Trust Account Exams Postponed
State Bar President Ray Hanna requests rollback of the implementation of the random exam process. Read more.

State Bar Hires Longtime Journalist Rick DeBruhl to Lead Communications
The State Bar of Arizona recently announced that it has hired Rick DeBruhl, a 31-year veteran of Phoenix television news, to serve as its chief communications officer. Read more.

Submit 2010 Annual Membership Fees Online
The 2010 fee statements will be mailed in early November. Members may review and submit their 2010 annual membership fees online at www.myazbar.org/fees starting in early November. The fees are due on or before Feb. 1 each year. Read more.

Early Registration Ends Oct. 28 for ASCPA/State Bar Networking Event
Meet CPAs and attorneys who can help you or your business. Read more.

Order Extra Membership Directories Now
The State Bar's Membership Directory 2009-2010 is now available. Members can order extra copies for support staff. Read more.

Arizona Attorney December Job Ads Available Now
If you would like to access the Arizona Attorney job ads weeks before they are published in the print magazine, then please visit www.myazbar.org/AZAttorney/ and click on the Online Classifieds button in the right-hand column of the page. Read more.

State Bar to Accept Applications on Professional Volunteer Opportunities until Nov. 23
The State Bar of Arizona's Appointments Committee will accept applications until Nov. 23 to serve on five court commissions and judicial selection boards. The volunteer positions are for the Arizona Commission on Appellate Court Appointments, Maricopa County Commission on Trial Court Appointments, Pima County Commission on Trial Court Appointments, Town of Guadalupe Judicial Selection Advisory Board, and City of Surprise Judicial Selection Advisory Commission. Read more.

Phoenix Business Journal Recognizes Bar's Foundation
The Arizona Foundation for Legal Services & Education was recognized as one of Arizona's best places to work - a second acknowledgement this year. Read more.

Judicial Opening in Coconino County
Gov. Jan Brewer announced she will appoint a new judge to the Superior Court of Coconino County to replace Judge Fred Newton, who will retire effective March 10, 2010. Read more.

Phoenix School of Law to Host McGregor Lecture
Phoenix Law Visiting Professor Scott Taylor, the School's Ruth McGregor Distinguished Chair of Teaching Excellence, will discuss the current state of legal education. Read more.


Arizona Court of Appeals
Division One
| Division Two

October 22, 2009 - CR 08-0517 - State v. Lychwick
An injunction against harassment is effective for "one year." In calculating that time, is the date of service included? Read opinion.

October 13, 2009 - 2 CA-CR 2009-0023 - State of Arizona v. Marcos Adrian Canales
When a police officer blocks in another vehicle with his patrol car, does this constitute a detention for Fourth Amendment purposes? Is an anonymous tip about "possible" criminal activity sufficiently reliable to support reasonable suspicion to make such a detention? Read opinion.


9th Circuit Court of Appeals

October 26, 2009 - No. 08-10081 - US v. Rivera-Alonzo
Defendant's conviction and sentence for assaulting a federal officer with a dangerous weapon is affirmed where: 1) a district court does not abuse its discretion in refusing to give an instruction on a lesser included offense, where, as here, a rational jury could not have convicted the defendant of the lesser-included offense without finding the element that would convert the lesser offense into the greater offense; and 2) the district court did not commit clear error in finding on sentencing that defendant's conduct was motivated by the victim's official status. Read opinion.

October 22, 2009 - No. 07-50105 - US v. Van Alstyne
Defendant's mail fraud and money laundering convictions are affirmed in part where returning certain victims' investment in defendant's scheme was intended to "promote the carrying on," of the "scheme" at the heart of the mail fraud counts, by discouraging detection of that scheme. However, they are reversed in part where another transaction that fully refunded one investor's outlay could not be regarded as a crucial element of the "scheme to defraud." Defendant's sentence is vacated where the district court erred in calculating the enhancement to the money laundering sentence under U.S.S.G. section 2S1.1, in determining defendant's fraud offense level under U.S.S.G. section 2F1.1(b)(1), and in imposing the restitution requirement. Read opinion.

 




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