Q: What does a lawyer do when subpoenaed to testify about a client and the client does not consent to the disclosure of information related to the representation?

A: Move to quash the subpoena, citing both the evidence rule on attorney/client privilege and the Ethical Rule on Confidentiality. If a judge denies the motion, only then may the lawyer testify. See Ariz. Op. 00-11 for more information.

The New Beneficiary Deed
There is a new way to avoid probate in real estate transfers that doesn't involve a trust. The beneficiary deed may aid estates in which the residence is the primary asset. Learn what to watch for in drafting this new instrument.

Detailed Fees Discussion Enhances Attorney-Client Relationships.

Membership Directory Update:
To update address information for the upcoming 2002-2003 Membership Directory please click here.
The deadline for changes is June 14, 2002.

Where: Hotel del Coronado, San Diego
When: July 10-13, 2002

Register Here!

Earn three ethics credits through the seminar "Ethics Issues for Every Lawyer: Money Conflicts," featuring Randolph Haines, U.S. Bankruptcy Court; Shauna Miller, State Bar of Arizona and Samuel Thumma, Brown & PA.
(Course Number: 50092A-312)


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IOLTA Rehearing a No-Go
The 5th U.S. Circuit Court of Appeals has refused to rehear en banc a panel's 2-1 decision that the Texas Interest on Lawyers' Trust Accounts program is unconstitutional, increasing pressure for the U.S. Supreme Court to take the case. The decision creates a conflict between the 5th and 9th Circuits on the constitutionality of the programs, which generate funds to provide civil legal services to the poor. Read more...

Reports of abuse are up at Pima Jail
Some people say officers at the Pima County Jail are being too tough - especially when it comes to using force to control inmates.

Robberson announces AZ Attorney General bid
Pledging to be the "people's attorney," Foster Robberson formally announced his bid for the Republican nomination for attorney general.

Calderón New State Bar President; Bar announces Board of Governor Election Results.
Ernest Calderón, a partner of the Phoenix law firm Jennings, Strouss and Salmon,is the new president of the State Bar of Arizona. Calderón, a native of Morenci, Arizona, is the first Hispanic president of the State Bar.Read more...

Governor Signs Notario Bill
On August 22 the State Bar’s “Notario Bill” (HB 2341) will take effect. With this new legislation, the Arizona Attorney General’s Office is now better equipped to bring consumer fraud actions against “notarios.” Read more...

State Bar of Arizona Announces Award Winners
The State Bar of Arizona honored 16 legal professionals for their outstanding contributions to the legal profession and the public at its annual convention last week in Tucson.

Arizona Court of Appeals – Division One

May 30, 2002 - CV 01-0262 - Harvest v. Craig
Is A.R.S. § 32-1473 an unconstitutional abrogation of a right of action? Does A.R.S. § 32-1473 deny equal protection? Is the statute an unconstitutional "special law"? Did the trial court abuse its discretion by admitting evidence of plaintiff's psychiatric history? Read more...

May 23, 2002 - CR 00-0654 - State v. Christian
Can a prior conviction for personal drug possession in an amount below the "threshold" constitute a "historical prior felony conviction" under A.R.S. § 13-604(v)(1)?

9th Circuit Court of Appeals

May 31, 2002 - No. 01-55312 - Paige v. California
In a class action alleging that the California Highway Patrol's (CHP) promotional process discriminates against non-whites, an internal pool is the appropriate comparative group for determining disparate impact on non-white officers, and defendant's argumentscontesting plaintiffs' statistical analyses are rejected. Read more...

May 31, 2002 - No. 00-16026/7 - Pronsolino v. Nastri
EPA had authority under the Clean Water Act to apply pertinent identification and "total maximum daily loads" requirements to the Garcia River, although no effluent limitations apply to the pollutants entering the river. Read more...