e-legal

Volume 10, No. 22 | October 25, 2011



eye on ethics

Q: If I have given my clients copies of all documents throughout the representation, may I charge them for complete copies of the file at the termination of representation?
A: No. Regardless of what has been provided during representation, clients are entitled to one, full, free copy of the client file at termination. See Ethics Op. 08-02 .

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member news


Legal Clinic Named for Retired Arizona Supreme Court Chief Justice Ruth V. McGregor:
A legal clinic at the Sandra Day O'Connor College of Law that will help those affected by domestic violence has been named the Ruth V. McGregor Family Protection Clinic in honor of the recently retired Chief Justice of the Arizona Supreme Court, Interim Dean Douglas Sylvester announced today. more»


In the news


General Mills Feasts on Victory in Food Labeling Case:
Rick Palmore, general counsel of cereal-maker General Mills, Inc., got his Kix this week when a class action suit related to labeling on the company's Fiber One breakfast bar was dismissed. And the case stands as a victory for most food companies as well. more»

'Pivotal Role' for General Counsel in Corporate Political Activity: The machinations of the 2012 election cycle are fully in motion, with each televised debate and catchy tax proposal marking the countdown to the primaries and general election—and in the national, state, and local election processes, gene ral counsel will have a pivotal role in developing oversight for corporate political spending, according to the authors of a new report by The Conference Board. more»

U.S. House Lawyers Oppose Cameras in Court: A pilot program to allow video recording in some federal courts is getting resistance from a new source: lawyers for the U.S. House's Republican leadership. more»


from the bar


Comments Sought for Uniform Bar Exam Rule Petition by November 15:
The Attorney Admissions Office of the Arizona Supreme Court has filed a rule petition to amend the Uniform Bar Exam (UBE). The UBE would not change the test administered in Arizona but would allow individuals who test in other UBE jurisdictions to transfer their score to Arizona and bypass its exam, provided they meet admission requirements. The Court has issued an order setting the first comment period for the UBE Rule Petition until November 15, 2011. To view the rule petition, click here .
Building Your Connections Networking Event: Meet CPAs, bankers, attorneys and other financial professionals at one of the Valley's most engaging venues. This event is cosponsored by the State Bar of Arizona, the Arizona Society of CPAs and the Risk Management Association of Arizona. more»
Free Training Offered on Military Legal Assistance Issues: The American Bar Association Standing Committee on Legal Assistance for Military Personnel (LAMP) is offering a free special training opportunity for attorneys on Military Legal Assistance Issues. The program is scheduled for Thursday, November 17 at the Davis-Monthan Air Force Base. Click here for more information.
Animal Law 101 - We're Letting the Cat Out of the Bag: Learn how Arizona’s limited law affects free-roaming and feral felines.The State Bar’s Animal Law Section with the Student Animal Legal Defense Fund present this series, focused on animal law, featuring insightful panelists who will connect with audiences through engaging workshops on animal/owner rights and responsibilities as well as animal protection and advocacy. more»
State Bar Adds 'In Memoriam' Page to Website: The State Bar has introduced the In Memoriam page on its website to provide its membership with information regarding the deaths of fellow attorneys. As a new service, the current information dates back to April and will continue to include obituaries, when available, from here on out. more»
John R. Justice Student Loan Repayment Program: The Administrative Office of the Courts is pleased to announce the approval of Arizona's application for a second year of funding through the John R. Justice Program. The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations. more»
Networking Event for Tucson Attorneys Tonight: The Pima County Bar Association and the State Bar of Arizona invite you to their first co-hosted networking event in Tucson. All attorneys in Southern Arizona are invited. The event is being offered as an opportunity for you to network and meet your colleagues. Please join us and enjoy a hosted reception and cocktails. more»


court decisions


Arizona Court of Appeals
Division One | Division Two
October 18, 2011 - CV 10-0458 - Cook v. Losnegard
Did the family court err by modifying child support after ruling on custody and parenting time modification requests? Read Opinion .

October 12, 2011 - 2 CA-CR 2011-0117-PR - State of Arizona v. Kenneth John Falcone
Was criminal defense counsel ineffective in failing to object when the trial court instructed the jury it was not required to find the defendant had "any knowledge of the age of the alleged victim" in order to find him guilty of sexual conduct with a minor for "knowingly engaging in sexual intercourse . . . with any person who is under eighteen years of age," A.R.S. § 13-1405? Read Opinion .

9th Circuit Court of Appeals
October 19, 2011 - 08-50063 – United States v. Wilkes
Conviction and sentencing of defendant on multiple counts of conspiracy, honest services wire fraud, bribery, and money laundering are upheld over defendant's various challenges on Brady, Giglio, and Skilling grounds. Read Opinion .

October 19, 2011 - 10-50051 – United States v. Rizk
Conviction and sentencing of defendant on one count each of conspiracy and bank fraud, and thirteen counts of loan fraud are affirmed where: 1) the district court court, under Rule 1006, correctly admitted two summary charts; 2) legally sufficient evidence supports each conviction; and 3) the district court correctly ordered defendant to pay restitution despite a prior civil settlement which included a release from liability. Read Opinion .


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