May a retiring lawyer transfer to another lawyer or law firm responsibility for the retiring lawyer's closed client files?
Yes, but the lawyer or law firm to whom the responsibilities are transferred must consider ethical obligations such as avoiding conflicts of interest and maintaining client confidentiality. Read Op. 08-02
New Bar Leadership
Prescott lawyer Ray Hanna recently became the State Bar President. We spoke with him about his town, his profession and what he values. Read more.
Where the Work Is
Lawyers recommend these practice areas in recessionary times. Read more.
Tuition Jumps 15% or More at Some Public Law Schools
Faced with declining state funding and shrinking endowments, many public law schools are increasing their tuition. Read more.
Brewer Picks High-Court Judge
The Tucson man appointed to the Arizona Supreme Court by Gov. Jan Brewer is described by judges and attorneys alike as an open-minded conservative who places the law above ideology. Read more.
Court Establishes Lawyer Regulation Task Force
The State Bar of Arizona will be working closely with an Arizona Supreme Court's task force to implement positive changes to our lawyer regulation system. Read more.
IOLTA Discussions Continue, No Need to Move Accounts
State Bar of Arizona members do not need to move their IOLTA accounts at this time. The Arizona Foundation for Legal Services & Education is continuing discussions with individual banks regarding the 2009-2010 Participation Agreement. Read more.
Final Proposal on Changes to ER 1.5 and 7.2 Go To Governing Board
The Consumer Information & Education Task Force has finalized its study of fees and the advertising rules. It has proposed revised rules on fee sharing and lawyer referral services and a new rule to implement certification of most lawyer referral services. Members are encouraged to comment by Sept. 21. Read more.
Native American Bar Association of Arizona Honors Leaders
Save the date, Sept. 26, for this event honoring leaders in the Native American community. Read more.
Gov. Brewer Announces Judicial Opening In Yavapai County
Gov. Jan Brewer recently announced she will appoint a new judge to the Superior Court of Yavapai County. Applications for the open seat will be accepted until Sept. 1, 2009. Read more.
Judge Pro Tempore Opening in Pima County Superior Court
Applications for the Judge Pro Tempore vacancy in Pima County Superior Court will be accepted until Aug. 20. Read more.
Arizona Court of Appeals
Division One | Division Two
July 29, 2009 - 2 CA-CV 2008-0148 - Tripati v. Tucker
1. When a party challenges a previously granted deferral of a filing fee under A.R.S. � 12 302, does the deferral applicant retain the burden of proving he or she is indigent? 2. Does a trial court err in considering evidence that the deferral applicant controls or has access to the resources of third parties? Read opinion.
July 28, 2009 - CV 07-0800 - Reid v. Reid
1. Did the trial court abuse its discretion in allowing an untimely disclosed expert to testify concerning a court-ordered custody evaluation?
2. Did the trial court abuse its discretion in failing to make the findings required by Arizona Revised Statutes section 25-403(B) as to why its custody decision was in the best interests of the children?
3. By failing to raise the lack of findings in the trial court, is this issue waived on appeal? Read opinion.
9th Circuit Court of Appeals
July 31 - No. 07-10602 - US v. Higuera-Llamos
Defendant's conviction and sentence for illegal reentry following deportation are affirmed, where: 1) the district court properly admitted a prior judgment against defendant to prove alienage because it instructed the jury to consider it only for that purpose; and 2) the district court properly considered unconvicted criminal conduct in enhancing defendant's sentence. Read opinion.
July 30 - No. 08-15643 - Marcus v. Holder
In an action seeking a declaration that the Attorney General's investigation of plaintiff regarding alleged campaign finance violations was politically motivated and therefore unlawful, dismissal of the complaint is affirmed where the Attorney General need not obtain the permission of the Federal Elections Commission (FEC) before investigating or prosecuting possible violations of federal election laws. Read opinion.
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