Q: How long does a law firm have to keep old client files?

A: It depends on: 1) the type of representation (certain probate, juvenile and estate matters may have to be held forever); 2) the client’s expectation that the file will be preserved; and 3) what your malpractice carrier requires. For detailed information on file retention, see Ariz. Op. 98-07.

MJP Task Force Update

A State Bar Task Force addresses issues regarding lawyers practicing across state lines. Read their update, and go to the Final Report of the ABA's MJP Commission.

Keep Clients Informed of E-mail Address Changes

An attorney or law firm would never move its office without providing notice to clients, vendors, courts, and the community-at-large.Why is it that when an attorney or law firm changes something as important as its e-mail address, it often provides no notification at all?

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And the Survey Says...
Do you know what is the average hourly billing rate of Arizona attorneys? Or how much is the annual net income of a personal injury attorney in Arizona? What percentage of attorneys practicing in Arizona are female? These questions and more are answered in the 2001 Economics of Law Practice in Arizona, a thorough and comprehensive study of law practice in the state. Order your copy here.

NEW! Construction Lien Law in Arizona: A Practice Manual
The construction boom in Arizona has seen a marked increase in construction disputes caused by shortages in skilled tradespeople, increases in construction defects, and insolvency of opportunistic, unscrupulous contractors. It is inevitable that lien law will in some way be a factor in a construction dispute. Don't miss out on the newly-published practice manual devoted exclusively to Arizona lien law.

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Corporate-Fraud Law Forces Lawyers To Be Whistle-Blowers
The new corporate responsibility law requires in-house and outside lawyers to report evidence of corporate wrongdoing.

Extortion by Employer Illegal
Try to extort your employees and you'll wind up in court. That's the message from the Arizona Supreme Court.

Legal Services Lawyers Sweat Bullets Over IOLTA Case
A case on the U.S. Supreme Court's fall docket is confronting legal services providers with the potential drying up of a major source of their subsistence.


Governor Hull Passes Jury Sentencing Bill
Last week the Legislature reached an agreement on changes to the death penalty sentencing issue. The death penalty legislation (SB 1001) contained an emergency clause making it effective upon the Governor's signature, which occured on Aug. 1 at 9:35 p.m. The new legislation requires juries, instead of judges, to decide death penalty sentences.
Read the Senate Bill.

The Changing Insurance Market
The insurance market is experiencing many dramatic changes. These new market conditions were already in progress last summer but became accelerated with more significant impact following the national tragedy of September 11th. Read more...

Affidavit for Compliance with Ariz.S.Ct.R. 45
The Affidavit for Compliance with Ariz.S.Ct.R. 45 (MCLE Rule) is due by September 15, 2002. To file online and read more, click here.


Arizona Court of Appeals – Division One

July 25, 2002 - CV 01-0571 - Paxson v. Glovitz
Can use of intended, but imperfectly created, easement inaugurate required statutory time period for establishing same easement by prescription?

July 23, 2002 - CR 01-0876 - State v. Carrasco
Who is a person qualified to draw blood pursuant to A.R.S. § 28-1388?

9th Circuit Court of Appeals

August 1, 2002 - No. 01-15360 - Roach v. Mail Handlers Benefit Plan
The district court erred in classifying a firefighter's medical malpractice claim as a denial of benefits claim preempted by the Federal Employees Health Benefits Act.

August 1, 2002 - No. 01-15590/15688/15705 - Harik v. California Teachers Assn.
In order to support the amount of an agency fee, a union must provide a statement of its chargeable and non-chargeable expenses, together with an independent verification that the expenses were actually incurred, but a formal audit is not required.