I need my PI client's spouse to sign a release. Can I give the spouse legal advice about the release?
Not unless the client and spouse have agreed to joint representation and have waived the potential conflict. Read Ethics Op. 05-07
Is the vote denied to those in guardianship proceedings with too little process? Read more.
Justice Panel Reforms Juvenile Offenders
The Pinal County program offers juveniles an alternative to going straight to the courtroom, and aims to repair harm done to the community by juveniles who commit crimes. Read more.
Federal Judge Orders White House to Hold E-Mails
A federal judge Monday ordered the White House to preserve copies of all its e-mails, a move that Bush administration lawyers had argued strongly against. Read more.
Examining Hard Drives During Discovery
Partners discuss hard drive imaging and courts' adoption of procedures that address privilege and privacy concerns. Read more.
The Arizona Supreme Court is considering a requirement that all attorneys practicing in the Superior Court in Maricopa County file their documents electronically. Read more.
ABA Creates Commission on Sexual Orientation and Gender Identity
The newly created commission will work to eliminate bias and discrimination against persons of differing sexual orientations and gender identities in the legal profession, the justice system and society. Read more.
State Bar Volunteer Opportunities
Apply by November 19th for an opening on the City of Glendale Judicial Selection Advisory Board. Read more.
Arizona Court of Appeals
Division One | Division Two
November 6, 2007 – CV 06-0257 – The Lofts v. Reliance
Is the exception to the privity requirement for a claim of breach of the implied warranty of habitability and workmanlike construction, as set forth in Richardsv. Powercraft Homes, Inc., 139 Ariz. 242, 678 P.2d 427 (1984), limited to homebuilder-vendors? Read opinion.
November 9, 2007 – 2 CA-CV 2007-0006 – McCloud v. State; DPS; and Kimbro
Plaintiff was injured when a state employee's vehicle collided with hers. The trial court granted the state's motion to dismiss the plaintiff's complaint, filed after the one-year period applicable to suits against the state had expired. Did the trial court err by declining to apply the doctrine of equitable tolling to the complaint when the plaintiff's attorney suffered various illnesses and family misfortunes, as did his backup attorney? Read opinion.
9th Circuit Court of Appeals
November 9, 2007 – No. 05-56439 – Doran v. 7-Eleven, Inc.
In a suit against 7-Eleven under the Americans With Disabilities Act (ADA), summary judgment for 7-Eleven is affirmed in part, but vacated in part and remanded where: 1) the district court properly granted summary judgment to 7-Eleven on the issues of whether the store's aisle width and the store's refusal to allow him to access the employees-only restroom violated the ADA; but 2) contrary to the ruling below, plaintiff had standing to challenge all barriers to his wheelchair access in the store related to his specific disability, including those that he learned about through his expert's site inspection. Read opinion.
November 5, 2007 – No. 04-73960 – Hanna v. Keisler
Petition for review of a denial of Iraqi native's request for asylum is granted and the matter remanded for further proceedings as: 1) the BIA assumed petitioner suffered past persecution on account of his religion; 2) thus, the burden was on the government to show changed country conditions; and 3) a holding that the fall of the Ba'ath party removed any fear of future persecution was not supported by substantial evidence. Read opinion.
E-Filing in a Garden Setting
The Complete Lawyer
Learn about the new e-filing requirements and how to apply e-filing to your law practice at this 3-hour seminar on Thursday, Nov. 15. Read more
Viewing The Law In 2020
The Complete Lawyer asked four futurists to share their opinions about what the profession and the lives of lawyers will look like in the year 2020. Read more.
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