Volume 11, No. 20 | September 25, 2012


eye on ethics

Q: I want to call my law firm something other than my name. Why can’t I?

A: Effective Jan. 1, 2013, you will be able to use a trade name. As of that date, ER 7.5(a) will change to allow lawyers in private practice to use trade names. A majority of US jurisdictions allow lawyers to use trade names. The Arizona Supreme Court’s order is here.



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Tax Changes
January could bring some significant tax law changes, affecting you and your clients.

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member news

Ninth Circuit Judge Mary H. Murgu�a as 2012 L�der Award Recipient: Hon. Mary H. Murgu�a of the United States Court of Appeals for the Ninth Circuit will be honored with the 2012 L�der Award at Univision Radio – Phoenix and Valle del Sol’s sixth annual 40 Hispanic Leaders Under 40 Awards on Oct. 3. In addition to receiving the recognition, Judge Murgu�a will deliver the luncheon’s keynote address.

The L�der Award was created to honor and recognize an individual who continues to lay the foundation for future generations of Latino leaders. It is with their dedication to community, stellar professionalism, and unparallel commitment to fostering positive change, that they are nominated and selected by the 40 Hispanic Leaders Under 40 Awards review committee.


In the news

South Carolina Voter ID Gets Judges' Scrutiny: South Carolina is in federal court arguing that its new law requiring people prove their identity at the polls won't make voting so tough that it reduces turnout of African-Americans, Hispanics and other minorities. more�

French Court Backs UK Royals on Topless Photos: A French court ordered a magazine publisher to hand over all digital copies of topless photos of the Duchess of Cambridge within 24 hours and blocked further publication of what it called a "brutal display" of William and Kate's private moments. more�


from the bar

Bar Leadership Institute Selects 2012 Participants: The State Bar of Arizona's Diversity Department has selected 14 attorneys from across the state to participate in the 2011-2012 Bar Leadership Institute (BLI). more�

Maricopa County Notice of Public Hearing to Accept Comments on the Performance of its Commissioners: Pursuant to Rule 97 of the Arizona Supreme Court, the Hon. Norman J. Davis, Presiding Judge of the Maricopa County Superior Court, will hold a public hearing on Thursday, October 18, 2012 from 4:00 to 5:00 p.m. in the Board of Supervisors Auditorium, 205 W. Jefferson, Phoenix, Arizona,  to accept comments from the public about the performance of its commissioners. more�

Rules Adjudicated by Supreme Court: The Arizona Supreme Court has adjudicated on Rule Petitions at its August 28, 2012 meeting. The adoption date is January 1, 2013 unless noted in the Court Order. For more information, contact Kathleen Lundgren or click here to view a complete list as of August 28, 2012.

Tucson Attorney Reinstated After Completing Suspension: The Presiding Disciplinary Judge of the Arizona Supreme Court has ordered that Jay K. Powell of Tucson be reinstated as an active member of the State Bar of Arizona. more�

Attorneys Rosval A. Patterson and Nancy D. Peterson Suspended from the Practice of Law: Phoenix attorneys Rosval A. Patterson and Nancy D. Petersen have been suspended from the practice of law for violating the Rules of Professional Conduct. more�

Tell Us Your Story: The State Bar of Arizona wants to know your story on why you became a lawyer. Did you follow in your mother or father's footsteps? Did you face any obstacles? Was it a decision based on needing a career change? Whatever the case may be, we want you to share your story with us on why you're proud to be a lawyer and be considered for an upcoming video campaign featuring a diverse group of State Bar members. Contact Alberto Rodriguez for more information.

Arizona State Law Journal Wants to Hear from You: Arizona has a reputation for controversial legislation like SB 1070, but Arizona has also made a number of other contributions to the legal landscape. The Journal is seeking contributors for its 2012-2013 Arizona Issue to focus on novel or innovative ways Arizona has treated social and legal issues. more�

Seven Generations Dinner to Honor Native American Leaders: The Native American Bar Association of Arizona (NABA-AZ) will hold their fourth annual Seven Generations Dinner on Saturday, September 29. The non-profit organization that promotes the development of Native American attorneys in Arizona will honor leaders of the Native American community at the annual event. more�

UA College of Law Lifetime Awards Rapidly Approaching: The University of Arizona James E. College of Law invites you to join them at their Lifetime Achievement Awards luncheon that will honor Hester Turner, Hayzel B. Daniels and James F. McNulty on Friday, October 5. RSVP deadline extended through Sept. 28. more�

Kids to Court Program Seeks Attorney Volunteers: Judge Mary H. Murguia and the Sandra Day O'Connor College of Law at Arizona State University will host more than 300 eighth grade students at the eighth annual Kids to Court program on Friday, October 26. Attorney volunteers are needed to help execute mock trials with students and serve as mentors during the activity. If you're interested in volunteering, please contact Mary Benchimol.

Applications for the John R. Justice (JRJ) Student Loan Repayment Program Are Now Open:  The Administrative Office of the Courts is pleased to announce the approval of Arizona’s application for funding through the John R. Justice Program for fiscal year 2012.  The goal of the JRJ Program is to recruit and retain qualified prosecutors and public defenders by lessening the burden of student loan obligations.

Prosecutors and public defenders are encouraged to apply as soon as possible to be considered for awards under the JRJ Program.  Applications must be postmarked by Friday, October 26, 2012. more� 

court decisions

Arizona Court of Appeals
Division One
Division Two

September 6, 2012 - 1 CA-CV 11-0457 - McKesson v. AHCCCS
Did the superior court properly determine that AHCCCS limited its own rulemaking authority and therefore lacked the legal authority to impose penalties against a non-provider under Arizona’s False Claims Act? Read Opinion.

September 20, 2012 - 2 CA-SA 2012-0044 - Mikel Lo, M.D. and Mikel W. Lo, M.D, Inc. v. Mills
In plaintiff’s medical malpractice action, did the respondent judge err in determining that plaintiff’s designated standard-of-care expert met the requirements of A.R.S. � 12-2604(A)(1). Read Opinion.

9th Circuit Court of Appeals

September 24, 2012 - 10-55770 - Hall v. City of Los Angeles
In a plaintiff's section 1983 suit against the City of Los Angeles and other individuals, arising from a false murder conviction based on documents falsified by an informant, the judgment of the district court is: 1) affirmed as to the grant of summary judgment to the defendants on the fabrication-of-evidence claim; but 2) reversed as to the denial of plaintiff's motion to amend his complaint and remanded to the district court with instructions to allow him to plead an explicit Fifth Amendment violation. Read Opinion.

September 21, 2012 - 11-35659 - Native Ecosystems Council v. Weldon
In a suit against the United States Forest Service, challenging its small fuels-reduction project in the National Forest in Montana, the judgment of the district court is affirmed where: 1) the Forest Service took the requisite "hard look" at the environmental impact of the project on the elk hiding cover and goshawk populations in the manner required by the NEPA; and 2) the district court did not err in granting summary judgment to the Forest Service on plaintiffs' claims because the Forest Service reasonably considered the relevant factors that could have impacted the elk hiding cover and goshawk populations in its analysis of the project. Read Opinion.


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