Q: I plan to fire an associate who handles a lot of work for a significant client. Because another associate will step in and - hopefully - seamlessly take over the work, do I even have to tell the client when the other associate leaves?

A: Yes, if the departing lawyer had a significant role in representing the client. Read OP 10-02.



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



Disclosures and Child Custody
Trial by ambush is a relic of the past - except in child - custody cases, argues our author. And that's a problem. Read More.






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State Bar of Arizona



Snell & Wilmer's Garth Stevens Elected as Chairman of the Board for DrugFreeAz.org
The Partnership for a Drug-Free America, Arizona Affiliate, is pleased to announce that Phoenix partner Garth Stevens has been elected as chairman of the organization's board of directors. Read More.



Hellerstein Vexed on Remedy for CIA Tape Destruction
The destruction of videotapes in 2005 showing abusive treatment of high-level al-Qaida detainees by CIA agents flouted an order by Southern District Judge Alvin K. Hellerstein to preserve the tapes. Five years later, the judge is still looking for a remedy. Read More.

Circuit Finds 'Crude' Filmmaker Lacked Independence
Independence is the key factor in determining whether journalists can invoke a qualified evidentiary privilege for the information they have gathered. Read More.

FDIC Warns of Consumer Fraud
E-mails fraudulently claiming to be from the FDIC are attempting to get recipients to click on a link, which may ask them to provide sensitive personal information. These e-mails falsely indicate that FDIC deposit insurance is suspended until the requested customer information is provided. Read More.


State Bar and the University of Arizona Establish John M. Roll Memorial Fund
The State Bar, in partnership with the University of Arizona, has established the John M. Roll Memorial Fund. Money used will provide scholarships to students attending Judge Roll's alma mater, the James E. Rogers College of Law at the University of Arizona. Read More.

Registration Open for Arizona College of Trial Advocacy
The Trial College is open to a select group of 48 attorneys. For more information and an application, click here.

State Bar Launches Radio Campaign
The State Bar of Arizona has partnered with the Arizona Broadcasters Association for a NEW Public Education Program (PEP) / NCSA campaign. The campaign features one 30-second English radio spot for Phoenix and one for Statewide use to promote the State Bar's new website azbar.org. Click here to listen to the promotional spot.

Senior Socials Kick Off on January 20
Are you 60 or older? Join other senior lawyers for a networking event on Thursday, Jan., 20. The fun begins at 11:30 a.m. at the Italian American Club in Phoenix, located at 7509 N. 12th Street. Lunch is $8, and you pay at the door.

FREE CLE with Author Lawrence Goldstone
The State Bar of Arizona has partnered with the Scottsdale Bar Association and the Poisoned Pen bookstore to bring you a FREE CLE program with Lawrence Goldstone, author of "Inherently Unequal: The Betrayal of Civil Rights 1865-1903." It will be held on Feb. 9, 2011. Read More.

Courts Seeing Increase in Veteran Offenders
On January 20, the court will kick off their first ever Veterans Court Calendar. Phase one will work with veterans who are currently on probation and have absconded or veterans on supervision who are at risk of violating their probation terms. Read More.

Bills in 50th Legislative Session Affect Virtually Every Area of Law
To help you keep informed of new legislation that might impact your area of practice during the Legislative Session, the State Bar's Government Relations Department maintains a webpage that shows legislation of interest according to Arizona Revised Statute Title. Read More.

Arizona Attorney Examines Criminal Liability in the Mortgage Crisis
An in-depth article in the latest issue of Arizona Attorney Magazine examines criminal liability in mortgage services, short sales and loan modifications in the story "Building a Mortgage Fraud Defense." Read More.

Attorney Consents to Disbarment
William J. Howard, a resigned member of the State Bar of Arizona, was investigated for violating various provisions of the Rules of Professional Conduct. During its investigation, the State Bar found that Howard was engaging in outside business activities that violated his duties as a legal professional. Read More.

Two Attorneys Face Disciplinary Action by the State Bar
The Arizona Supreme Court has ordered an interim suspension for attorney John F. Giles and a 30-day suspension for attorney Marshall Fealk. Read More.

ABA Technology Show Bringing Lawyers & Technology Together
As a member of State Bar of Arizona, we want to make you aware of ABA TECHSHOW and the substantial discount we can provide you on registration. The standard registration for ABA TECHSHOW costs $1,025, but our discount automatically decreases the price to $875. If you register before the February 25 early bird deadline, you will receive an additional discount of $200 - all for a low cost of $675! Simply download this registration form and include this unique Event Promoter Discount Code, EP1122, to receive the rate.

New Help Available for Pro Per Appellants in Maricopa County
The Arizona Modest Means Project is unveiling the Maricopa County Appellate Pro Bono Pilot Program to assist qualified pro per litigants in their civil and family law appeals. A free CLE to kick-off the project will take place on February 1st. Read More.


Arizona Court of Appeals
Division One
| Division Two

December 9, 2010 - CR 09-0705 - State v. Dean
1. Does Arizona Rule of Criminal Procedure 32 preclude the Adult Probation Office from filing a petition to modify or terminate probation?
2. When the Adult Probation Office brings a petition to modify, is the court required to make findings pursuant to Arizona Revised Statutes section 13-901(E) and Arizona Rule of Criminal Procedure 27.4?
3. Where the State alleges a discrete act occurred sometime during a broad range of dates such that the indictment "straddles" the effective date of a statutory amendment; and where the State, after being given notice of and time to present evidence pinpointing that the offense occurred after such effective date, presents no such evidence, does the trial court commit error in concluding that the offense occurred before the effective date of the amendment and in granting the petition to modify the term of probation? Read Opinion.

December 22, 2010 - 2 CA-CV 2010-0071 - Cortez v. Avalon Care Center, et al
Did the appellee waive the right to compel arbitration by answering the appellant's complaint and proceeding with litigation for nearly a year? Read Opinion.


9th Circuit Court of Appeals

January 14, 2011 - 09-50459 - US v. Lindsey
Defendant's bank robbery conviction and sentence is affirmed where: 1) defendant's Batson rights were not violated because he was not denied due process or tried before a biased jury; 2) a good faith, erroneous denial of a peremptory challenge does not require automatic reversal; and 3) the evidence was sufficient for a rational jury to conclude that defendant conspired to rob the bank. Read Opinion.

January 14, 2011 - 09-36153 - Howell v. Boyle
In an action for injuries plaintiff sustained when defendant, a police officer, struck her with his police cruiser as she walked across a highway, the court certified the following questions to the Supreme Court of Oregon: 1) is plaintiff's negligence action constitutionally protected under the Oregon constitution's remedy clause, Or. Const. art. I, section 10, irrespective of the jury's finding of comparative negligence? To what extent, if any, do the common law defenses to contributory negligence of last clear chance, the emergency doctrine, and gross negligence effect this determination? 2) If plaintiff's action is protected, is $200,000 an unconstitutional emasculated remedy despite the jury's finding of comparative negligence? To what extent, if any, do the common law defenses to contributory negligence of last clear chance, the emergency doctrine, and gross negligence effect this determination? Read Opinion.

 






Upcoming CLE programs
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