Ethics Q&A
Q: Under the new ethics rules, are lawyers as advocates still required to "zealously" represent their clients?

A: No; the preamble to the new rules has deleted the word "zealous," and now states that lawyers should conduct themselves "honorably" at all times. Read the new Ethics Rules.

Need ethics advice? Members of the State Bar can get free ethics advice concerning their own prospective conduct by calling the State Bar's Ethics Hotline at 602-340-7284.



Talking With the Ambassador
Lawyer Hattie Babbitt has served as an ambassador to the Organization of American States. Now she's rejoined a Phoenix firm. She spoke with us about Iraq, the peace process and human rights. Read the article.


SBA CLE brings you national speakers Timothy Terrell and Stephen Armstrong via satellite on February 27!
Flagstaff. Tucson. Phoenix.

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State Bar of Arizona

Medicine for Lawyers
Don't let the medical aspects of a case throw you! This all-day seminar on Friday, March 5, tells you what you need to know to litigate effectively. Seminar info.

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9th Circuit Clarifies Feds' Charging Power
The 9th U.S. Circuit Court of Appeals has ruled that judges can't nix pleas if they later decide they don't like the sentencing conditions included in the plea bargain. Read more.

Court Keeps Terror Suspect From Seeing Lawyer
The Supreme Court granted the government's request to keep a terrorism suspect from seeing his lawyer, at least until the justices decide what rights other "enemy combatants" are afforded. Read more.

Follow-up: Minority Applicants Down at Michigan
Seven months after the U.S. Supreme Court struck down the University of Michigan's undergraduate affirmative action policy, the number of applications from blacks, Hispanics and American Indians is down 23 percent. Read more.

LEGISLATIVE ALERT - Your Action Needed
This Thursday, February 12, several bills that would impair the functioning of Arizona's courts will be heard in the House Judiciary Committee. Two new bills were added late yesterday. Your action is urgently needed if you are interested in weighing in on these issues, all of which impact the independence of the judiciary. Read President's message.

And the Oscar Goes to...
Here's your chance to see that your colleagues, deserving of recognition, receive their just rewards. Nominations for the annual State Bar awards are being accepted now through March 22. Read more.

Conflict Case Committee Openings
Committee members timely process, investigate and prosecute all aspects of disciplinary cases involving a member of the Board of Governors, Bar staff, Supreme Court Disciplinary Hearing Officers or Disciplinary Commission. Application deadline is March 1st. Read more.

Arizona Court of Appeals
Division One Division Two
February 3, 2004 - CV 02-0736 - Speros v. Yu
Whether title to an abandoned roadway within a subdivision should be divided between the abutting landowners or given to the current owner of the lot that originally included the roadway land. Read opinion.

February 6, 2004 - 2 CA-SA 2003-0107 - Chartone Inc. v. Mercaldo, Ltd. et al.
Absent an agreement by the parties, do article VI, �24 of the Arizona Constitution and Rule 53, Ariz. R. Civ. P., 16 A.R.S., Pt. 1, authorize a trial judge to appoint a special master to calculate the plaintiffs' damages after a jury had found the defendants liable? 2. Did the trial court violate the defendants' rights to a jury trial by vacating the damages phase of a bifurcated trial and appointing a special master to calculate the plaintiffs' damages? Read opinion.

9th Circuit Court of Appeals
February 6, 2004 - No. 01-35764 - Childress v. Darby Lumber
Because defendants operated as a single employer for purposes of the Worker Adjustment and Retraining Notification Act, and because they jointly employed more than 100 people, they were required to provide 60 days' advance notice of the plant closing that resulted in mass layoffs. Read opinion.

February 05, 2004 - No. 03-30101 - US v. Johnson
Defendant is accountable for all the methamphetamine originally placed in the package and shipped to him, even though he never received most of it. His relevant conduct was ordering a controlled substance, checking on the package, and receiving it when it was delivered. Read opinion.