Q: May a lawyer destroy closed files, such as in estate-planning matters, that lawyers historically have been told need to be retained indefinitely?

A: Yes, under certain circumstances. Read Op. 08-02.



Save time and money by expediting the creation and processing of subpoenas.



Next Steps
Our Q&A with the new dean of the Phoenix School of Law. Read more.






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State Bar of Arizona



Court Nixes State's Candidate Restrictions
Arizona has to allow residents of other states to circulate petitions to put independent presidential contenders on the ballot, the U.S. Supreme Court has concluded. Read more.

Another Economic Casualty: Patent and Trademark Filings Are Down
Patent and trademark filings are on a downward trajectory due to "sharp cuts in the budgets of company patent departments," according to recent U.S. Senate testimony by the Intellectual Property Owners Association's executive director. Read more.

10 Steps to Manage E-Discovery Projects
Like it or not, lawyers involved in e-discovery matters must become project managers. Read more.



State Bar to Hold Grand Opening of New Southern Arizona Office
The State Bar of Arizona will celebrate the grand opening of the new Southern Regional Office on April 7. The event will be held from 1 p.m. to 5 p.m. on April 7 at the new building, 270 N. Church Ave. in Tucson. A ribbon-cutting ceremony will be held from 4 p.m. to 5 p.m. that day. Read more.

State Bar Issues Ethics Alert
The State Bar of Arizona has issued an ethics alert about the dangers of lawyers working with loan-modification companies and consultants. The alert is attached. For more information, contact the State Bar's Ethics Hotline at (602) 340-7284. Read more.

Resources to Deal with the Economic Crisis
The American Bar Association has a Web page to help lawyers with economic recovery resources. Read more.

John Phelps to Address Minority Bar Convention
John Phelps, CEO/Executive Director of the State Bar of Arizona, will deliver the keynote address at the 2009 Minority Bar Convention. The event takes place from noon to 1:30 p.m. on March 20. The topic of the address is "Diversity: A New Conversation." Read more.

Arizona Students to Win Cash for Lincoln YouTube Contest
Arizona students in kindergarten through high school are using their creativity to develop a YouTube video in honor of Abraham Lincoln's legacy and his bicentennial. The student who wins first place in the Law Day 2009 contest will receive $400. The deadline to enter is April 1, 2009. Read more.

Arizona Attorney May Job Ads Available Now
Job postings listed in Arizona Attorney are now available four weeks before they are published in the print magazine. Read more.

Comments Due April 17 on Proposed ER 1.5 and 7.2 Changes
State Bar Task Force extends comment period to April 17 on proposed changes to ER 1.5 Fees (pgs. 8-13) and ER 7.2 Advertising (pgs. 16-19). Send comments to carrie.sherman@staff.azbar.org. Read more.

O'Connor House-A Call to Action
O'Connor House is a new Arizona institution which will provide a venue for community action. Billed as a place where "Civil talk leads to civic action," O'Connor House will deliver on this promise, if for no other reason than because Justice Sandra Day O'Connor is the driving force behind its mission. Read more.

Himelic Memorial Golf Classic
The 9th Annual Himelic Memorial Golf Classic to eradicate the disease Amyotrophic Lateral Sclerosis (ALS) will be held on April 24 at Omni Tucson National Golf Resort. The Jim Himelic Foundation sponsors the golf classic to raise money for University of Arizona research. The foundation was established after the Pima County Juvenile Court Judge lost his battle with ALS in 2000. He was a member of the State Bar of Arizona as is his daughter, Ana Himelic, who also serves as vice president of the foundation. Read more.

Conversations in Leadership
Tempe Leadership, a leadership program of the Tempe Chamber of Commerce, will host Conversations in Leadership from 7:30 a.m. to 9:30 a.m. on March 27 at the Fiesta Resort and Conference Center at 2100 S. Priest Dr. in Tempe. Arizona Speaker of the House Kirk Adams, former Arizona State University Sun Devil Football Head Coach Frank Kush and Arizona Supreme Court Chief Justice Ruth McGregor will participate in a panel discussion on the challenges and rewards of leadership. Read more.

Academic Freedom and the Treatment of Dissenting Ideas in the Modern University
A discussion of academic freedom featuring a panel of prominent academic administrators, scholars and scientists, including Robert Post, a professor at Yale Law School and co-author of the new book, For the Common Good: Principles of American Academic Freedom. The discussion will be held 7:30 to 9:30 p.m. on March 19 at ASU. Read more.

LexisNexis® Offers Coffee Break Webinars
These Webinars are quick, complimentary 20-minute sessions that provide tools to help in the practice of law. Next Webinar is March 18. Read more.



Arizona Court of Appeals
Division One
| Division Two

March 12, 2009 - CV 07-0424 - Green v. Garriott/Gomez
Does A.R.S. section 43-1183 unconstitutionally violate (1) the Establishment Clause of the United States Constitution; (2) Article 2, Section 12 of the Arizona Constitution; (3) Article 9, Section 10 of the Arizona Constitution; or (4) Sections 20 and 26 of the Arizona Enabling Act? Read opinion.

March 2, 2009 - 2 CA-CR 2007-0122 - State of Arizona v. Jack Jude Martinez, Jr.
Did the trial court err in admitting evidence of the defendant's post-arrest statements made to a neighboring jail inmate, based on the court's finding the inmate had not acted as a state agent in eliciting or reporting the statements? 2) Did defendant lack standing to object on Fourth Amendment grounds to admission into evidence of a letter he wrote from jail to his girlfriend, whose mother intercepted the letter from their shared mailbox and turned it over to the state? 3) Did the trial court err in admitting the letter into evidence when the record supported a finding the girlfriend's mother had not acted as a state agent in obtaining and producing the letter? Read opinion.


9th Circuit Court of Appeals

March 11, 2009 - No. 04-16095 - Fisher v. San Jose
In a 42 U.S.C. section 1983 action based on a warrantless arrest, judgment as a matter of law for Plaintiff is reversed, where, during an armed standoff, once exigent circumstances justify the warrantless seizure of the suspect, and so long as the police are actively engaged in completing his arrest, the police need not obtain a warrant. Read opinion.

March 10, 2009 - No. 07-55559 - Le v. Astrue
In an action seeking Social Security disability benefits, summary judgment for Defendant is affirmed, where the Court of Appeals was required to construe Plaintiff's notice of appeal as encompassing the District Court's entire disposition. Read opinion.



Terry MacCarthy Talks on Impeachment
Read more.

The Complete Lawyer
How Improving Concentration Can Increase Your Productivity
Learn how to stop distracting yourself. Read more.




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