Our People
Mark Rubin
I’m Mark Rubin. I have been a lawyer for about 45 years. (Websites are timeless unless they are updated constantly. I was admitted to practice law in Arizona on Saturday, October 17, 1981.)
I have worked actively in several practice areas, including appellate practice, bankruptcy law, business and corporate law, elder law, employment law, professional responsibility law aka the law of lawyering, and real estate law. My practice has included both transactional work and litigation, as well as advising clients generally. For many years I worked on education law matters and I have also served as the Compliance Lawyer for two Alternative Business Structure law firms.
I have been in Tucson for 65+ years. I graduated from Beloit College and from the U of A College of Law.
I limit my practice significantly. Here is what I am available for:
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Considering any matters in the several areas identified on the Practice Areas page on our website. My willingness to involve myself in matters that involve lawsuits is limited, however. Experience – too much, frankly – tells me litigation rarely delivers a satisfactory outcome for the client. I am far more willing to consider getting involved in defending against suits brought by others, but I have my limits there too. Try me, for sure, but please appreciate the fact that will say No Thanks more often than not. In most instances I am willing to consult with clients and lawyers regarding pending and potential matters. “Consulting” includes offering advice about suing or not suing, providing second opinions, and advising clients and lawyers about strategy and tactics.
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Regarding fiduciary matters, I. Am. Old. I am willing to take on fiduciary roles, but only if they involve fairly discreet tasks that I can complete within 12 months, more or less. I cannot commit myself to serving as a trustee for your 20-something children, who might need assistance for years.
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Within the realm of professional responsibility law, here’s what I do routinely, and am likely to be available for:
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Advising clients and lawyers regarding compliance with the Rules of Professional Conduct, which govern lawyers licensed to practice law in Arizona.
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Representing lawyers who receive charges from the State Bar Lawyer Regulation Department. (I have represented lawyers in formal discipline proceedings since 1995.)
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Representing individuals who believe they may have a basis for filing a charge with the State Bar Lawyer Regulation Department against a lawyer.
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Reviewing and pursuing legal malpractice claims. In this area, I say No most of the time. I charge a consultation fee if, after a brief, free telephone consultation, I think a basis exists for further consideration. If at least two lawyers have passed on pursuing the claim, it is highly likely that I will say No, too! (Notwithstanding the potential for a consultation fee, I will handle legal malpractice cases on a contingent fee basis.)
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Providing expert witness services to lawyers who represent plaintiffs or defendants in legal malpractice cases. My substantive expertise regarding legal malpractice matters includes ethics and lawyering issues as they relate to business, elder law (including decedent’s estates, estate planning, protective proceedings, and trusts), and real estate matters. I am also available to provide testimony in matters involving the reasonableness of lawyer fees. If you have a case in which the underlying issues do not involve the practice areas I have listed, try me anyway.
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I appreciate referrals, especially from lawyers. They have allowed me, for decades, to succeed and thrive as a lawyer. Thanks aside, I am unwilling to go outside of the referenced boundaries, no matter how compelling the cause might be.
Generally, I do not charge for brief telephonic consultations with lawyers. Because I have limited the scope of my practice, however, the “free advice” counter opens late, closes early, and I watch the clock more closely than I used to.
Leigh Bernstein
Hi there! I’m Leigh. I’ve been practicing law for more than 25 years. Early on I handled mental health and juvenile cases. For most of the last 20 years I have limited my practice to elder law matters, which includes probate—decedent’s estates, guardianships / conservatorships, and trust matters—and estate and incapacity planning. I graduated from the U of A College of Law; earlier, I got my bachelor’s degree from Wellesley College and an M.A. in Philosophy from New York University.
Problem Solving
Leigh and Mark have served clients for more than 65 years. In the world of elder law, we see lots of upset and strong feelings. Mark likens many disputes, after mom and dad are demented or dead, to sibling divorces.
Always, we focus on identifying the problem and the desired / best solution. If we think we can get to a positive solution, we’re available and think we can add value. Contrariwise, if we see a protracted battle on the horizon, with fees exceeding what everyone is fighting about, we will pass.
A few more thoughts. First, Leigh’s a wizard when someone needs a guardian or conservator, quickly. She knows how to do emergency cases, and gets the job done almost every time.
Second, we shine in complex cases which involve business or real estate assets. Mark’s experience as a business and real estate lawyer adds real value, as does our focus on solving problems.
At the end of the day, we can say this about our problem-solving philosophy:
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We put our clients first, ahead of our fees.
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We’re not shy about telling people we don’t think we can help them, because what they will pay us exceeds what we think we can recover. If we think we can accomplish our clients’ goals and make the economics work, we’re delighted to be involved. And if we don’t think we can get to a sensible, desirable outcome? We’ll pass.
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We try really hard to offer our services in a competent, friendly manner. We enjoy our work, like our clients, and look forward to showing up every day, to make the world a little easier for those among us who need help!
Our Canine Corps
Serious concerns about leaving dogs home alone every day aside, we believe our crew matters greatly in our practice. We live in the era of service dogs. Some—seemingly a minority—don’t buy the whole notion. In our world, though, we think the dogs relax our clients. Seeing “the Lawyer” stresses most people, and if we can do anything to dial down the anxiety, we’re all for it.
Then there’s us, our staff, and the dogs. They nuzzle. They warm the feet. They beg for treats. They need to be walked. Having them in the office helps the humans at Rubin & Bernstein maintain a level of calm, as we take on our clients’ challenges.
The names? June was June Carter when Leigh got her. Leigh named Ozzie—who is, as it happens, June’s son—after Ozzie Smith, the great St. Louis Cardinals shortstop. (The name fits, both because Corgis are short, and because Ozzie the dog does some major league air acrobatics when he’s chasing Frisbees.) Max is named after Mark’s grandfather, who was also an attorney.
June left us and this corporeal world on July 2, 2021. Ozzie followed her on February 9, 2022. We miss them both every day! We did, however, staff up the Corgi division with Miss Daphne Moon and Mr. Clarence Martin/ Both of them arrived in the spring of 2022. They're young and green, still, but they amuse and delight us. They love sleeping on cool air returns, mooching for pieces of string cheese sticks, and tormenting their department head.