Q: May I keep an online file storage system so that my clients may access their own files over the Internet?

A: Yes, with reasonable precautions. Read Op. 09-04.



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



Supreme Conflict
Our story about last summer's lawsuit between the Governor and the Legislature, told by their own lawyers. Read more.






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State Bar of Arizona



Gender Gap Persists at Supreme Court Bar, Posits Panel
The topic of the panel discussion was "Women Advocates of the Supreme Court Bar," and among the speakers were the nation's first female Supreme Court justice and its first female U.S. solicitor general. Read more.

Depression Is Rising as Lawyers Lose Jobs and Sense of Entitlement
Mental health professionals and a legal blogger are noting a change in lawyer attitudes and depression rates. Read more.

New Rules Will Enable Lawyers to Work in Other States
It took more than three years, but the Arizona Supreme Court finally has approved new rules that will make it easier for attorneys from other states to ply their trade here. Read more.

You can read more here.

Visit the Arizona Supreme Court's Web site for the most updated information on approved states. Click here.



2010 Board of Governors Election
Six State Bar districts will hold elections this spring. For information on how to run for election to serve on the governing board and to download a nomination package, click here.

Apply to Serve on State Bar Committees
The State Bar of Arizona invites members to apply to serve on its 29 standing committees by May 7. Read more.

Nominate a Colleague for Annual State Bar Awards
Nominations for the awards are being accepted through 5:00 p.m. on February 24, 2010. Read more.

2010 Annual Convention Seminar Registration Fee Waiver
The State Bar is offering a limited number of seminar registration fee waivers to assist attorneys who are financially unable to attend the annual convention. Read more.

Lunch and Learn About Changes to Lawyer Discipline
The lawyer discipline system is about to change. In just 12 months the Arizona Supreme Court is expected to introduce a new streamlined process. You have until April 1 to give your input. Read more.

Stay Informed About Pending Rules Changes
The State Bar has prepared a complete summary of pending rules petitions that may impact your practice. Comment deadlines are quickly approaching. Read more.

Free High School Symposium to Prepare Students for Legal Careers
Operation Preparation on Feb. 6 will encourage high school students to become attorneys. Read more.

State Bar to Help Homeless Veterans
The State Bar of Arizona will help homeless veterans with free legal advice on Feb. 5 and Feb. 6 during Arizona StandDown, the state's largest outreach event for homeless veterans. Read more.

Lawyers Encourage South Phoenix Students to Attend Law School
Phoenix School of Law students and practicing attorneys on Jan. 29 mentored 150 South Phoenix students and encouraged them to attend law school. Read more.

North Phoenix Bar Association Forming
A new voluntary bar association is forming to service lawyers who office near or appear in the North County Superior Courts along the 101 corridor. It will provide opportunities to network, hear guest speakers, and perhaps involve yourself in philanthropic events. If you are interested in learning more and/or PARTICIPATING, send an inquiry to NPBA@smithcraven.com

Albie Sachs, Renowned Human Rights Leader, Stop in the Valley on National Tour
Albie Sachs, the renowned human rights and anti-apartheid activist and former Justice of the South Africa Constitutional Court, will give a public lecture at the Arizona Historical Society on Monday, February 15, at 7:00 p.m. Read more.

Judge Learned Hands Awards Announced
Three attorneys to be honored by the Arizona Chapter of the American Jewish Committee at a luncheon on Tuesday, March 16, 2010. Read more.


Arizona Court of Appeals
Division One
| Division Two

January 28, 2010 - CV 08-0562 - Aztar v. US Fire
What does the term "interruption of business, whether total or partial" mean in a contract of insurance? Does the trial court have discretion to award fees under ARCP 54(g)(2) when the fee application is not timely and no timely motion to extend 20 day time period in the rule was sought? Read opinion.

January 14, 2010 - 2 CA-CR 2009-0275-PR - State of Arizona v. Steven D. Szpyrka
When a defendant's sentence pursuant to a plea agreement was enhanced by a prior conviction that was subsequently vacated, is the defendant entitled to be resentenced as a nonrepetitive offender? Under such circumstances, where the enhancement was an integral part of the plea, do double jeopardy principles preclude vacating the plea agreement? Read opinion.


9th Circuit Court of Appeals

January 29, 2010 - No. 08-35966 - Coto Settlement v. Eisenberg
In an action claiming that plaintiff was entitled to part of an amount refunded by the Federal Trade Commission following a judgment against plaintiff and defendants, dismissal of the action as untimely is affirmed where defendant's actions in raising the reserve requirement of entities partially controlled by defendant gave rise to plaintiff's claims in 2000, and therefore the statute of limitations began to run at that time. Read opinion. Read opinion.

January 22, 2010 - No. 07-15261 - Charles Schwab & Co. v. Debickero
In an interpleader action by a bank seeking to determine the ownership of an IRA account held by decedent, summary judgment for the named beneficiaries of the IRA is affirmed where: 1) the surviving spouse protections in ERISA did not apply to the IRA even though some of the funds originated from an ERISA-protected pension plan, and 2) the Internal Revenue Code also did not impose automatic surviving spouse rights on IRAs similar to those protections afforded under ERISA. Read opinion.

 




Upcoming CLE programs
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