Ethics Q&A
Q: Do the changes to the ethical rules include any additional mandatory duties on a lawyer to disclose client confidences?

A: No, the amendments include five additional permissive disclosures. Read ER 1.6(d).

Need ethics advice? Members of the State Bar can get free ethics advice concerning their own prospective conduct by calling the State Bar's Ethics Hotline at 602-340-7284.

Negotiation Book Reviewed
Our reviewer Paul Eckstein says that even lawyers who hate to negotiate will benefit from reading Gain The Edge, written by Phoenix lawyer Marty Latz. Read article.

All For You...

Now Available - Client Care Guide! Help your clients understand the basics of working with an attorney. Order the Bar's revised version of the Client Care Guide.

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Copyright 2004
State Bar of Arizona

Is Spyware Legal?
Learn about the latest in online communications issues as the State Bar brings you the telephonic seminar "Spyware and Pop-Up Ads: From Annoyance to Illegality," on July 20, 2004. More info.

AzbarMail: Learn more about new e-mail service for members only.

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Supremes Give Juries More Power Over Sentencing
In a 5-4 ruling that Justice Sandra Day O'Connor said would have a "disastrous" impact on state and federal sentencing, the Supreme Court says that any aggravating facts that increase a defendant's sentence must be proven to a jury. Read more.

ABA Report Calls for Justice System Reforms
A national report calling for reforms in America's justice system is adding fuel to the debate in Arizona, where leaders are struggling with soaring prison costs and crowded conditions. Read more. Read the ABA Report.

Federal Court: No Back Pay for DOJ Lawyers
A federal appeals court threw out a class action seeking overtime pay for more than 9,000 government attorneys. Read more.

Civil Jury Instructions
The State Bar's Civil Jury Instruction Committee would like to invite any attorney interested in discussing the draft Civil RAJI to a meeting at the State Bar on Wednesday, July 21 at 4 p.m. Read more.

Supreme Court Committees/Scottsdale Judicial Board Seek Volunteers
July 16th is the deadline to apply to serve on the Supreme Court's Character and Fitness (C&F) and Examinations Committees, and on the Scottsdale Judicial Appointments Advisory Board. Non-lawyers are also sought for C&F. Read more.

Applications Sought for Supreme Court's Disciplinary Commission
Applications are being accepted to fill a vacancy on the Disciplinary Commission of the Supreme Court of Arizona. The deadline to apply is July 30, 2004. Read more.

Arizona Court of Appeals
Division One Division Two

June 17, 2004 - CV 02-0208/0780 - Schalkenbach v. Lincoln
Do potential beneficiaries have either common-law standing or standing under the probate code to enforce a charitable trust when the trust is not limited to a small class of beneficiaries, they are not named in the trust, and have no property interest in the trust, but are only potential beneficiaries dependent on the decisions of the Foundation which administers the trust? Read opinion.

June 4, 2004 - 2 CA-SA 2004-0017 - Darren Clay Medders v. State
Does a criminal defendant who appears at a contested hearing before a judge who hears that matter only but is not assigned to the case waive the right to a peremptory change of judge, pursuant to Rule 10.2, Ariz. R. Crim. P., 16A A.R.S., when the case is later reassigned to that judge for trial? Read opinion.

9th Circuit Court of Appeals
June 25, 2004 - No. 02-35727 - Wong v. INS
In an immigration case, plaintiff's claims that the INS interfered with her First Amendment right to practice religion by denying her vegetarian meals, subjecting her to strip searches, and denying her access to her followers was rejected. Read opinion.

June 25, 2004 - No. 02-17423 - Hangarter v. Paul Revere
District court erred in determining an occupationally disabled plaintiff had Article III standing to pursue injunctive relief under the Unfair Competition Act, because she did not meet the injury requirement. Court affirmed plaintiff's damages award against her insurance carrier. Read opinion.