Q: Do I have a duty to communicate with my criminal-defense client's family and friends?

A: No. Read Ethics Op. 07-01.





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Copyright 2008
State Bar of Arizona



Consultants Helping Banks Assess, Manage Foreclosed Properties
Reeling from soured loans originated during the peak of the housing market, regional and national banks are turning to asset consultants to salvage thousands of reclaimed properties throughout the Valley. Read more.

Spring 2009 Events Announced by the James E. Rogers College of Law
An impressive line-up of events, including a lecture by John G. Roberts, Jr., Chief Justice of the United States, is open for registration. Read more.

Absolved by Firm, Ex-Holland & Knight Partner Faces Ethics Case re Timekeeping
After Matthew Farmer complained in 2005 that a fellow partner at Holland & Knight's Chicago office had allegedly added hours to a client's bill for work in a litigation matter that Farmer and others didn't actually perform, the law firm said Edward Ryan had done nothing wrong. Read more.



Online Subpoena Program Now Available
As of December 31, 2008, SBA members in good standing can file subpoenas with the Maricopa County Superior Court through this online wizard. Read more.

In-House Counsel Must Now Register With State Bar
Starting in January, lawyers who serve as in-house corporate counsel to Arizona businesses, or work in Arizona but are in-house counsel for out-of-state companies, must register and be licensed by the State Bar of Arizona. Read more.

Ethics Committee Releases Opinion Regarding File Retention
Lawyers have certain ethical obligations in maintaining closed client files. Clients are entitled to most of the contents of a closed file. Lawyers should establish a file-retention policy and communicate that policy to the client, in writing, at the commencement of the lawyer/client relationship. If a lawyer does not have a file-retention policy, the lawyer will have additional ethical obligations to fulfill prior to the destruction of any closed client file. Read more.



Arizona Court of Appeals
Division One
| Division Two

December 23, 2008 - CV 08-0310 - Turken v. Gordon
Do city payments to the developer of a shopping center violate the Gift Clause of the Arizona Constitution? Read opinion.

December 31, 2008 - 2 CA-CR 2008-0035 - State of Arizona v. Steven Dwayne Szpyrka
Was the statement "I got nothin' to say" an unambiguous invocation of a suspect's Fifth Amendment right to remain silent, obliging the detective to cease questioning immediately? Read opinion.


9th Circuit Court of Appeals

December 31, 2008 - In the Matter of: Owens, No. 07-35634
Bankruptcy court did not abuse its discretion in dismissing debtor's bad-faith Chapter 11 case rather than converting it to Chapter 7. When deciding between dismissal and conversion under 11 U.S.C. section 1112(b), the court must consider the interests of all the creditors; here, the other creditors would fare worse under Chapter 7 because the accompanying discharge would deny them access to debtor's future income. Read opinion.

December 30, 2008 - Gonzalez v. Duncan, No. 06-56523
A sentence of 28 years to life imprisonment under California's "Three Strikes" law violates the Eighth Amendment where: 1) the offense was Petitioner's failure to update his annual sex offender registration within five working days of his birthday; and 2) he was living at his registered address throughout the relevant time period. Habeas relief is warranted because the state court's application of the gross disproportionality principle was objectively unreasonable. Read opinion.



Don't Miss Three-Day Family Law Institute!
Now in its second year, expert faculty will speak on new law, all new topics, legislative updates and more. Sign up and reserve your seat today for the January 7-9 program at Paradise Valley Double Tree Resort! Read more.

The Complete Lawyer
Take The Helm Of Your Professional Destiny
Recognize that your differences-including your different strengths-bring enormous value to your organization. Read more.




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