Ethics Q&A
Q: Can a lawyer represent a yet-to-be-formed corporation, during the incorporation process, and not be considered counsel for each individual incorporator?

A: Yes, if the lawyer provides full written disclosures to the incorporators about who is the client and what are the potential risks in this type of representation. Ariz. Op. 02-06.

Noncompete Primer

Employers have long used covenant not to compete provisions in employment contracts. Read what employers need to know in light of recent decisions.
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All For You...

The State Bar's Law Office Management Assistance Program can help improve your law office efficiency. Call 602-340-7313.

Trust in Paper for Client Records

In the electronic age, it is still a good idea to maintain print copies of client trust accounts. Read more...

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Top experts discuss human cloning, embryonic stem cell research and physician-assisted suicide in this bioethics law seminar on April 11, 2003.Seminar details.

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Securities Case Offers Hope to Fraud Plaintiffs
The 9th U.S. Circuit Court of Appeals takes the unusual step of reinstating a securities fraud case involving America West Airlines and allegations of insider trading.

AZ Agencies Link Databases on Sex Offenders
Law enforcement officials unveiled a new, statewide computer system that taps into a FBI database to track sex offenders' information. Read more...

ATLA: 'We Are at War'
The president of the Association of Trial Lawyers of America has declared war, but she's not talking about Iraq or terrorism. Read more...


State Bar Produces Legal Resource Guide
In an effort to educate the public and get out positive messages about lawyers, the Bar is producing a Legal Resource Guide in the March issue of Phoenix Magazine. Read more.

Court Seeks Applicants for Board of Legal Document Preparers
February 28 is the deadline to apply for this new Board, which will regulate certified legal document preparers.
Read more ...

Convention - Mark Your Calendars Now!
The 2003 annual State Bar Convention will be held June 11-14 at the Phoenician resort in Scottsdale, and promises to offer outstanding seminars, speakers and networking opportunities all in a relaxing and scenic environment.


Arizona Court of Appeals
Division One Division Two

February 13, 2003 - CV 01-0500 - Watson v. Diocese of Phoenix
How is "repressed memory" different from "cognitive avoidance?" What is the effect of that difference?
Read opinion...

January 14, 2003 - JV 02-0029 - In re: Aaron M.
Does the State's failure to conduct a timely DNA test pursuant to A.R.S. � 13-4438 relieve a juvenile from his obligation to undergo a DNA test when ordered by the juvenile court pursuant to A.R.S. � 31-281? Read opinion...

9th Circuit Court of Appeals

February 10, 2003 - No. 01-15779 - Armstrong v. Davis
Award of attorneys' fees to a class of disabled prisoners and parolees is affirmed as 1) work performed in a separate case before the U.S. Supreme Court was reasonably necessary, 2) the Prison Litigation Reform Act cap on fees does not apply to fees awarded under the ADA and the Rehabilitation Act. Read opinion...

February 11, 2003 - No. 01-17316 - Oracle Corp. v. Falotti
A former employee was not entitled to vest stock options or to stock-options damages after being terminated from his position, because a stock option agreement was not controlled by Swiss law. A compensation committee did not breach the duty of good faith and fair dealing.
Read opinion...