Ethics Q&A
Q: May a lawyer ethically settle a dispute with an unrepresented client involving allegations of malpractice or unethical conduct?

A: Not unless the lawyer advises the client in writing that the client should seek independent legal counsel, and gives a reasonable opportunity to do so. See ER 1.8(h)(3).

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

E-Discovery Update
The ABA's Litigation Section has issued amendments to the Civil Discovery Standards. Here's what you need to know about electronic discovery. Read article.

Dues Deadline Nears
The deadline for paying your 2005 annual Membership Dues is February 1. Save time and pay online. Read more.

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Copyright 2005
State Bar of Arizona

Survive in the World Of Contested Estates, Trusts
Expert speakers discuss new probate problems brought on by blended families, aging parents, guardianships, elder abuse and more during this all-day seminar on Friday, Jan. 28th. Seminar info.

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

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Federal Courts to Review Hundreds of Sentences
The Supreme Court asked federal courts to reconsider sentences for hundreds of defendants who say they were wrongly punished under a sentencing system the court just declared unconstitutional. Read more.

Drug-Sniffing Dogs OK in Traffic Stop
The U.S. Supreme Court gave police broader search powers, ruling that drug-sniffing dogs can be used to check out motorists even if officers have no reason to suspect they may be carrying narcotics. Read more.

Wireless Internet in Court Has Pitfalls
Wireless Internet access is the latest must-have technology inside courtrooms, but some administrators admit they installed the gear understanding very few of the pitfalls. Read more.

Board Delays Vote Regarding Discipline on Web Sites
At its January meeting, the State Bar's Board of Governors decided to postpone its scheduled vote on a proposal to publish some public disciplinary information about lawyers on Bar Web sites. Read more.

Bar Sets Moving Dates
The State Bar of Arizona will move its Phoenix offices late in the week of March 21. Read more.


Jan. 27 Meeting to Discuss Criminal Jury Instructions
The Criminal Jury Instruction Committee invites all interested members of the Bar to attend an open meeting on Thursday, January 27, to discuss the proposed RAJI. Read more.


Arizona Court of Appeals
Division One Division Two

January 13, 2005 - CV 03-0727 - Cook v. Cook
In determining the validity of an out-of-state marriage that is expressly prohibited by A.R.S. �� 25-101 and -112, does one apply the law from the state where the marriage was celebrated or the law of the state of Arizona? Read opinion.

January 14, 2005 - 2 CA-CR 2003-0267 - State v. Tyszkiewicz
Does the operational checklist that must be followed in order for a breath test to be admissible under former A.R.S. � 28-695(A)(4), now � 28-1323(A)(4), require that only one officer conduct the entire deprivation period? Read opinion.

9th Circuit Court of Appeals

January 19, 2005 - No. 03-71392 - Carty v. Ashcroft
The willful failure to file a tax return, with the intent to evade taxes, involves fraud, and thus constitutes a crime of moral turpitude for purposes of the Immigration and Nationality Act. Read opinion.

January 14, 2005 - No. 04-10076 - U.S. v. Mayo
For purposes of an automobile search incident to arrest, officers may search the cargo area behind the rear seat of a hatchback vehicle. Read opinion.