Q: May a lawyer and client agree that the lawyer will keep the client's closed file for a specific length of time?

A: Yes. Read Ops. 08-02.



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



New Special Sections
This month we launch two new features, Earthwise Lawyering and Law's Attic. Read More.






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State Bar of Arizona



Death of the Billable Hour or the Rise of Discounts?
In what could be more good news for in-house legal departments, a recent ALM survey showed a spike in the use of alternative billing arrangements last year. The "Law Department Metrics Benchmarking Survey, 2010 Edition" reports that 72.8 percent of fees paid to outside counsel in 2009 were based on billing arrangements other than standard hourly rates or the billable hour. Read More.

Judge Dismisses Millionaire's Malpractice Claim Against Schnader Harrison Over Trust Agreements
A Philadelphia judge has dismissed the legal malpractice claim brought by a Philadelphia multimillionaire businessman against Schnader Harrison Segal & Lewis because the statute of limitations bars the claim. Read More.



Perkins Coie's Phoenix Office Celebrates 50 Years
September 2010 marked Perkins Coie Brown & Bain's 50th anniversary. In celebration of this milestone, the firm created a one-hour video of stories about the firm's history (and its founders, Jack Brown and Randy Bain) told by over 30 lawyers and staff. The video was produced by firm partner Dan Barr, and Vicki Balint of Small Change Productions and Rob Turchick of yipDog Studios, and is available to the public on this link. View Video.



2010 Economics of Law Practice in Arizona Report Now Available for Purchase
The report helps with the difficult task of managing operations of a law firm including keeping current on salaries for associates and support staff, hourly billing rates and overhead expenses. Read More.

This Week: State Bar Celebrates 50 Years of To Kill A Mockingbird
There are only two days left to purchase your tickets to the State Bar of Arizona's special screening of To Kill A Mockingbird on October 14th. Make sure to reserve your seats today! All proceeds will benefit the Arizona Foundation for Legal Services & Education. Read More.

Diversity Pipeline Project Encourages Youth to Consider Careers in Law
Seventh and eighth grade students at Cloves C. Campbell, Snr., Elementary School, in South Phoenix, waited eagerly as volunteers from the State Bar of Arizona's Diversity Pipeline Project entered their classrooms to kick-off the 2010-2011 school year program. Read More.

Run With the Bar Flys at the 2011 P.F. Chang's Rock 'n' Roll Marathon and get 25% of Your Registration Subsidized
As part of the State Bar of Arizona's Wellness Program, the State Bar has entered a team in the 2011 P.F. Chang's Arizona Rock 'n Roll Marathon and Half Marathon "Get Fit Challenge" to be held January 16, 2011, in Phoenix, Tempe and Scottsdale. Be one of the first 75 Bar Flys to register with the Bar's team and get 25% of your registration subsidized! Read More.

Building Your Connections 2010 - November 4, 2010
A repeat performance of last year's popular networking event. The Arizona Society of CPAs and the Risk Management Association of Arizona join us in sponsoring this event. Read More.

Watch Out For Foreign Check Scams!
We're hearing from more attorneys here in Arizona who say they've been approached by bogus foreign companies asking for representation. Read More.

Sports and Entertainment Law in the 21st Century
Interested in sports and entertainment law? Don't miss your opportunity to hear the industry's seasoned - legal - professionals at this all-day conference at the Sandra Day O'Connor College of Law at ASU on Saturday, October 30. Read More.

Honoring and Supporting Individuals Building Pathways to Justice
Dean Paul Schiff Berman and the Sandra Day O'Connor College of Law Pro Bono Board present the 3rd Annual Justice for All Night on Thursday, October 21. Proceeds will go towards Summer Public Interest Fellowships. Read More.


Arizona Court of Appeals
Division One
| Division Two

September 21, 2010 - CR 09-0750 - State v. Unkefer
What factors should a trial court consider in deciding whether a criminal restitution order was entered within a reasonable time under Arizona Revised Statutes section 13-805, as construed in State v. Pinto, 179 Ariz. 593, 880 P.2d 1139 (App. 1994)? Read Opinion.

September 10, 2010 - 2 CA-CV 2010-0005 - In re Bond in the Amount of $75,000
When a criminal defendant violates the conditions of a release bond and fails to appear at trial: (1) Does the trial court retain jurisdiction to initiate bond forfeiture proceedings against the surety after the defendant is acquitted of the criminal charges? (2) Is the trial court required to exonerate the bond? (3) Does the trial court's failure to issue an arrest warrant require reversal of the court's order forfeiting the bond? Read Opinion.


9th Circuit Court of Appeals

October 8, 2010 - 08-56963 - Johnson v. Rancho Santiago Comm. Coll. Dist.
IIn an action challenging a public project labor agreement as preempted by the National Labor Relations Act (NLRA) and the Employee Retirement Income Security Act (ERISA) and as violative of their rights to substantive and procedural due process and to equal protection, summary judgment for defendants is affirmed where: 1) entering into the agreement constituted market participation not subject to preemption by the NLRA or ERISA; 2) the agreement did not violate the plaintiffs' liberty interest in pursuing their careers as electricians; and 3) the agreement was rationally related to the district's legitimate interest in preventing labor disruptions. Read Opinion.

October 8, 2010 - 09-15446 - Telesaurus VPC, LLC v. Power
In a dispute between providers of mobile radio services wherein plaintiff alleged violations of the Federal Communications Act (FCA), the dismissal of the complaint is affirmed where: 1) the complaint did not allege facts sufficient to establish that defendant was a "common carrier" subject to suit under the FCA, 47 U.S.C. sections 206-07; and 2) plaintiff's claims under Arizona law for conversion, unjust enrichment, and intentional interference with prospective economic advantage are expressly preempted by section 332(c)(3) (A) of the FCA, which preempts state regulation of market entry. Read Opinion.

 






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