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.



World Justice
We hear about international courts, but how much do we know about them? Read more.






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Copyright 2010
State Bar of Arizona



In a Polarized Court, Getting the Last Word
A few times a year, Supreme Court justices go out of their way to emphasize their unhappiness by reading a dissent from the bench out loud, supplementing the dry reason on the page with vivid tones of sarcasm, regret, anger and disdain. The practice is on the rise, and it is suggestive of an increasingly polarized court. Read more.

Study Partly Blames Higher Law School Tuition on 40% Leap in Faculty Size
Law school faculties have increased an average of 40 percent over the last decade, helping boost tuitions that have more than doubled at public institutions. Read more.

Eviction Adds to Pain of Home's Foreclosure
Departing owners have five days under Arizona law to vacate the property. But in the overheated foreclosure market that has come in the wake of the metropolitan Phoenix housing crash, some people are being told to get out the same day their house is sold at auction. Read more.



State Bar Mourns the Loss of Former President
The State Bar of Arizona mourns the loss of Daniel J. McAuliffe, the organization's former president and a skilled Phoenix lawyer, who wrote authoritative books on legal ethics. McAuliffe died on March 12. Read more.

State Bar Ethics Committee Releases New Opinion
The State Bar's Ethics Committee recently released a new opinion, 10-02, on the ethical obligations for an attorney and a firm when a lawyer leaves the firm. Read more.

Law Students Organize "Justice Bus" to Provide Mobile Free Legal Services
Students from the Sandra Day O'Connor College of Law at Arizona State University have organized a Justice Bus to take free legal services on the road. Read more.

Apply by March 29 to Serve on State Bar Board
One public member seat will be filled on the 30-member governing board. Open to residents outside Maricopa County. Know a qualified individual? Encourage him/her to apply. Read more.

2010 Law Day Editorial Cartoon Contest
Who are the pirates of today? Students in grades 9-12 can use their wit and imagination to depict a pirate of the 21st Century for this year's Law Day contest! Read more.

Senior Lawyers to Gather for March 18 Luncheon
Senior and retired State Bar members are invited to participate in the Senior Lawyers Luncheons. Read more.

Comments Due on Proposed Changes to Lawyer Discipline
View this free 30-minute panel discussion for a quick overview of the changes. Read more.

Get Free Legal Research on Your iPhone
The State Bar of Arizona provides attorneys with free legal research through Fastcase. Members can now research cases from their iPhones while standing in courtroom hallways. Read more.

Arizona Attorney May Job Ads Available
If you would like to access the Arizona Attorney job ads weeks before they are published in the print magazine, then please visit http://www.myazbar.org/AZAttorney/ and click on the Online Classifieds button in the right-hand column of the page. Read more.

Free Webinar on Starting Solo Practice
A LexisNexis� certified independent consultant will cover best practices for setting up a solo or small law firm, from the business side to practice management during a March 25 webinar. Read more.


Arizona Court of Appeals
Division One
| Division Two

March 4, 2010 - 2 CA-CR 2009-0252 - State of Arizona v. Roger Putzi
Whether Tucson City Code � 11-54, which prohibits public urination, is unconstitutionally vague. Read opinion.

March 2, 2010 - CR 09-0013/CR09-0014/CR09-0019 - State v. Damper
1. May a text message be admitted pursuant to Arizona Rule of Evidence 803(1) as a present sense impression?
2. May a text message be authenticated pursuant to Arizona Rule of Evidence 901(A) without the testimony of the sender? Read opinion.


9th Circuit Court of Appeals

March 11, 2010 ‑ No. 06-99009 ­‑ Stanley v. Schriro
In a capital habeas matter, a denial of the petition is affirmed in part where defense counsel's performance did not prejudice petitioner during the guilt phase of his trial. However, denial of the petition is reversed in part where trial counsel rendered ineffective assistance during the penalty phase of trial by failing to investigate and present readily available mitigating evidence and that failure was prejudicial. Read opinion.

March 8, 2010No. 09-10066‑ US v. Molina
Defendant's sentence for transporting an illegal alien is affirmed where: 1) because there was no evidence of involuntariness, the district court properly admitted the hearsay evidence at defendant's sentencing hearing pursuant to a signed stipulation; and 2) the conflicting evidence weighed against a finding that defendant accepted responsibility for his actions. Read opinion.

 




Upcoming CLE programs
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