Ethics Q&A
Q: May an attorney ethically assert a retaining lien against the entire contents of a client's file?

A: Not if the client will be prejudiced or damaged by lack of access to the documents. Also, the attorney bears the burden of establishing whether the client's rights will be prejudiced. See Ariz. 04-01.

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.



Lawyers in Uniform
Lawyers can wear many hats, but some even wear uniforms. Read about some who practice and serve in the military or a police department. Read the article.


All For You...

Newest Member Benefit: Preferred Home Mortgage
Members of the State Bar of Arizona, employees and immediate family members are eligible for discounts on mortgages and home equity loans from Chase Home Finance. Read more or call 1-800-303-0075.

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Election Law Topics Come to Phoenix, Tucson
A seminar on election law comes to Phoenix and Tucson, with a faculty of judges and court officials who will explain the election law process and how to handle election disputes. Phoenix seminar April 15. Tucson seminar April 29.

AzbarMail: Learn more about new e-mail service for members only.

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ACLU Sues Government Over 'No-Fly' List
The American Civil Liberties Union files a class-action lawsuit challenging the list of travelers the government has barred from flying because they're considered a threat. Read more.

Judges Wary of Sending Kids to Center
Some judges are wary of sending children to a Tucson area correctional facility because of a federal report criticizing the facility's security and child welfare. Read more.

Top 100 Law Schools
The latest law school rankings from U.S. News and World Report show Yale holding its top spot. See the list.

State Bar Considers Office Options
With its 11-year lease ending, the State Bar is considering of variety of options for meeting its office needs. Read more.

Directory Ads for Lawyers
Lawyers wanting to advertise in the 2004-05 Membership Directory for referrals from other attorneys may now do so at reduced rates! Advertising in the directory is a great way to keep your name in front of your colleagues who may need to refer clients to you. Read more.

Professional Volunteer Opportunities
The State Bar Appointments Committee is currently accepting applications from active members in good standing to fill several upcoming vacancies. The deadline to apply is April 30, 2004. Read more.

Arizona Court of Appeals
Division One Division Two
April 1, 2004 - CV 03-0412 - Barrett v. Harris
Did the trial court err by granting a motion for judgment as a matter of law on two of plaintiffs' theories in this medical malpractice case because the evidence did not, in the court's view, sufficiently demonstrate that the defendant doctor's challenged act and omission proximately caused the death of plaintiffs' daughter? Read opinion.

April 1, 2004 - 2 CA-CV 2002-0123 - Crackel v. Allstate
Must a plaintiff demonstrate that the defendant abused a specific court process to establish a claim for abuse of process or can the claim be based on the course of the litigation process as a whole? Read opinion.

9th Circuit Court of Appeals
April 1, 2004 - No. 02-56842, 02-57078 - FTC v. Enforma Natural Products, Inc.
Due to irregular procedures employed by the district court, two preliminary injunctions restricting the sale and marketing of defendant's diet supplement products are vacated and remanded. Read opinion.

April 1, 2004 - No. 02-15867 - Chevron USA Inc., v. Lingle
Hawaii's Act 257, which regulates the maximum rent an oil company can charge dealers who lease company-owned service stations, effects a regulatory taking in violation of the Takings Clause. Read opinion.