Ethics Q&A
Q: May a lawyer ethically represent a client in a case that involves a concurrent conflict of interest, where the client has given informed consent?

A: Yes, so long as three conditions are met. See ER 1.7(b).

Need ethics advice? Call the State Bar's Ethics Hotline at 602-340-7284.

Rethinking Living Wills
End-of-life issues present the hardest challenges to lawyers and surviving family members. Professor Kenney Hegland looks at living wills and proposes a different approach. Read the article.

All For You...

Order Extra Membership Directories
Free distribution of the 2004-05 annual State Bar Membership Directory is underway. To purchase additional office copies, use our online order form.

Read back issues of eLegal.
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State Bar of Arizona

Film, Fun, Fusions and the Future in Workers' Compensation
Flagstaff hosts this multi-day seminar for attorneys working in workers' compensation, personal injury or disability law on Oct. 13-15, 2004. Seminar info.

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

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New Sentencing System Likely
Several Supreme Court justices suggested Monday that federal sentencing guidelines violate the Constitution's guarantee of a jury trial because they allow judges to increase prison sentences based on facts not found by a jury. Read more.

Jury Spares Murderer's Life in Resentencing
An Arizona jury agrees to a life sentence in the first of the ''Ring 30'' cases to go back to court to have juries ponder the death sentence. Read more.

9th Circuit OKs Use of Tobacco Taxes for Advertising
California can continue to tax cigarettes to raise funds for anti-smoking ads, the 9th U.S. Circuit ruled. The court shot down the tobacco industry's argument that the use of the tax money violated its commercial speech rights. Read more.

UPL Opinions Available Online
The State Bar's UPL Advisory Committee now issues written opinions about unauthorized practice of law issues. Read more.

Order Legal Economic Report Now!
The State Bar's new report, Economics of Law Practice in Arizona 2004, details attorney net income, hourly billing rates, and salaries for associates, paralegals and more. Read more.

Law Web Site for Kids Wins National Honor
Arizona's has received the American Bar Association's Silver Gavel Award. Read more.

Arizona Court of Appeals
Division One Division Two

Sept. 30, 2004 - CV 02-0180 - AZ State Democratic Party v. State
Does Arizona's constitutional or statutory scheme prohibiting corporations and/or labor unions from contributing monies for the purpose of influencing an election prohibit those entities from contributing monies to a political party for operating expenses? Read opinion.

Sept. 23, 2004 - 2 CA-SA 2004-0057 - State v. Hon. Howard Fell; Edward John Sanders
Is A.R.S. � 13-703.01(Q) retroactively applicable to a non-capital murder defendant whose offense was committed before the effective date of the statute? Does the United States Supreme Court's decision in Blakely v. Washington apply to a non-capital first-degree murder case? Read opinion.

9th Circuit Court of Appeals

Oct. 1, 2004 - No. 03-15396 - U.S. v. Markarian
In a civil forfeiture action, summary judgment against defendants is affirmed where they lack a sufficient interest in the property to have Article III standing, and, consequently, may not contest the forfeiture. Read opinion.

Sept. 28, 2004 - No. 01-56963 - Hunt v. Pliler
Dismissal of plaintiff's habeas corpus petition is reversed where the district court 1) failed to comply with the procedure governing designation of magistrate judges and 2) abused its discretion in dismissing the petition with prejudice. Read opinion.