June 16, 2017


Mr. President

Lots and lots of words, written and spoken about Mueller, Rosenstein, Russia, and Trump. Most of what we read and hear focuses on who can fire whom, and whether when the firings will happen. In and amongst the noise, though, we get plenty of “there’s no evidence” and “firing Mueller will destroy Trump.”

Bad frames. People, the Watergate break-in happened on June 17, 1972, 45 years ago, to the day. We live in a different world. To the “no evidence” crowd, evidence exists—or not—and we find out about it through investigations. They take time! Reading tweets, watching the news, and knowing the basics does not qualify you to say evidence does or does not exist to support a …

Continue reading...

Abraham Lincoln on Law

May 30, 2016

The 150th anniversary of the Civil War (five years ago), Memorial Day (which tracks back to Decoration Day, dedicated to honoring those who died in the Civil War) and the notion that Donald Trump might be our 45th President of the United States of America, brought to mind Abraham Lincoln. Before he went to work for the federal government in 1861, Mr. Lincoln was a very accomplished attorney. Notes for a Law Lecture, dated July 1, 1850, may or may not have been used in a lecture, but they have survived for more than 165 years.

Age aside, the Notes are worthy of attention for attorneys and non-attorneys, for Mr. Lincoln focuses on four major, timeless themes: 

Continue reading...

2015 Elections

October 15, 2015

Believe it or not, what with all of the noise—and so much of it is just that, noise—about the 2016 elections, we have a substantial number of elections in the Tucson metro area on November 3, 2015. I don’t often comment on local matters, but I’m making an exception tonight/today.

Before I proceed, I need to bring up name-dropping. You’ll see references to several people in my comments, along with disclosures about my relationships. I’m not bragging on who I know, truly. Because I’m a lawyer ethics jock, I don’t have it in me not to disclose any and all information someone ought to know.

The Tucson City Council has three seats on the ballot, and Mayor Jonathan Rothschild is

Continue reading...

Mark Rubin

August 29, 2015
Eating sushi with Cate Rubin in Midtown West, New York City, circa May 2014.

Eating sushi with Cate Rubin in Midtown West, New York City, circa May 2014

I have been practicing law in Tucson for almost 37 years. I do:

  • Business and Real Estate Litigation, Transactions, and Counseling
  • Estate Planning, Probate, and Fiduciary Services
  • Legal Malpractice, Ethics, and State Bar Discipline and Admissions proceedings

I am also a Licensed Fiduciary (License No. 20546), which allows me to serve as a guardian/ conservator, personal representative (executor), or trustee. My fiduciary practice focuses on cases involving difficult family situations or complex business and real estate assets.

I am also General Counsel for Pima Medical Institute. PMI, in business for more than 40 years, provides post-graduate vocational training in the allied health sector. I have

Continue reading...

Mark Rubin, Tucson Attorney

June 13, 2015

I thought I had a post which explained what I do as a Tucson attorney. Using an Attorney Effectively and Working (Mark Rubin) don’t quite nail the issue, and About Mark Rubin doesn’t either.

My practices falls within three broad areas. They are: (a) probate and fiduciary matters, and estate planning; (b) business and real estate, including advising, documenting transactions, and handling lawsuits; and (c) ethics, professionalism, and discipline.

In the probate and fiduciary world, there’s lots of paper and process. Probate involves the affairs of people who have died, as well as young people with money or no parents, or both, and older people who need help because of mental or physical infirmities. There’s paper and process because we

Continue reading...

Attorney Fees

April 14, 2015

We’re going to discuss attorney fees today, because I heard Big Bills: A Hidden Side Effect Of Cancer Treatment by Sarah Jane Tribble on NPR this morning. The story relates to cancer treatment and cost, and focuses in part on the lack of meaningful discussion between doctors and patients about cost.

So what does the doctor-patient conversation about fees have to do with attorney fees? It’s not “pick on doctors week” hear at MRW, although in too many instances I have not seen a meaningful appreciation for cost in the doctor-patient relationship. Instead, the story prompted me to think about the attorney-client discussion.

Generally, I think the legal profession does a good job of disclosing fees and costs. I suspect

Continue reading...

Attorneys Don’t Live Forever

February 2, 2015

Living in Arizona provides plenty to cry about. Bright spots are here and there, though, and I am not talking about the sun.

I have been involved for many years with the State Bar of Arizona ethics and discipline system, first as a volunteer judge, then as a drafter of our ethics rules, and, for the past almost 20 years as an attorney representing other attorneys. I also speak often to attorney groups and provide expert testimony. The system with which I have been involved has been a national leader for decades, and that is a big bright spot!

Recently, the Bar formed a Succession Planning Task Force. Why? Just look at the age distribution among Arizona attorneys, as of

Continue reading...

Using an Attorney Effectively

January 12, 2015

My 57 years are showing, for now I have to scroll through posts to make sure I’m not repeating myself too badly. Alas, I find no post about using an attorney effectively.

Attorneys can be sliced and diced in many ways. Most of us are specialists of one sort or another, using the notion of specialization in a very elastic way. (Arizona ethics rules do not permit an attorney to claim he or she specializes, absent being a Certified Specialist in one of the State Bar’s eight specialization categories. So, think, “focus” or “practice area,” for no one wants a bar problem.)

My reach is broad, touching on estate planning and probate, real estate, business, and representing attorneys with bar

Continue reading...


November 29, 2014

The death in Ferguson was a tragedy! No matter where you stand on race, guns, law enforcement, etc., someone died.

Responsibility will not be determined in a state court criminal proceeding. The “no indictment” decision resolved that. Stay tuned, though, for a civil suit and, maybe, action in federal court under civil rights laws. Regardless, Michael Brown died, which is why Officer Darren Wilson’s answers to George Stephanopoulos’s questions bother me so much. Officer Wilson told Mr. Stephanopoulos, repeatedly, that there was nothing he would have done differently, and that the killing did not haunt him. Really? If I played a role in someone’s death I cannot imagine not questioning my options and actions forever. Forever!

I’m not discussing the

Continue reading...