Q: If I'm providing legal services to a client under a prepaid legal-services plan, can I release information to the plan's third-party auditors?

A: Not without client consent. Read Ethics Op. 06-04.

Info Security 101
It's easy to discount the value of good information security practice– especially in law firms. Read more.


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Copyright 2006
State Bar of Arizona

Scalia Defends Constitutional Approach in TV Debate
U.S. Supreme Court Justice Antonin Scalia defended his textual approach to constitutional interpretation in a debate Sunday with the president of the ACLU. Read more.

O'Connor Sits with Ninth Circuit Court of Appeals
Retired U.S. Supreme Court Justice Sandra Day O'Connor will sit with judges of the Ninth Circuit this week in San Francisco to hear oral arguments in several cases. Read more.

'Last man' of 9/11 Detainees Sits Uncharged in Arizona
In an Arizona jail cell sits the last man to be held of about 1,200 Arab and Muslim men detained by authorities in the United States after Sept. 11, 2001. Read more.

Register for the 2006 AWLA State Convention
The 27th annual AWLA convention, "Women Lawyers Making a Difference," takes place Friday, Nov. 3rd in Tucson. Read more.

New Web Site Gives Public Easy Access to Judge Ratings
A new Web site by the Arizona Commission on Judicial Performance Review details judicial ratings given by thousands of Arizonans for judges appearing on the 2006 ballot. Read more.

Lawyers Needed For Volunteer Roles
Apply by November 15th to serve on the Commission on Judicial Conduct or on one of the judicial nominating commissions. Two legal services boards also seek volunteers. Read more.

Arizona Court of Appeals
Division One
| Division Two

October 3, 2006 – SA 06-0116 – State v. Gordon
Under Rule 10.4(b), is a party who has exercised a preemptory change of judge before appeal and remand entitled, after appeal and remand, to request a change of judge as a matter of right? Read opinion.

October 13, 2006 – 2 CA-CV 2005-0136 - Tritschler v. Allstate Ins. Co.
Whether an insurance company is required to include the cost of a general contractor's overhead and profit in its actual cash value payment for property damage even when the homeowner chooses to repair the damaged property without hiring a contractor. Read opinion.

9th Circuit Court of Appeals

October 6, 2006 – No. 04-35608 – Morgan v. Morgensen
Under certain circumstances, dangerous prison working conditions can give rise to an Eighth Amendment claim, notwithstanding the fact that a prisoner initially obtained his specific employment assignment through a voluntary application process within the prison system. Further, a prison official is not entitled to qualified immunity when he orders a prisoner to continue operating prison work equipment that the official has been warned and has reason to believe is unnecessarily dangerous. Read opinion.

October 6, 2006 – No. 04-55529 - Quiksilver Inc. v. Kymsta Corp.
In a dispute involving the trademarks QUIKSILVER ROXY and ROXY, grant of Quiksilver's motion for judgment as a matter of law is reversed in part where reasonable minds could differ on the import of evidence regarding first use of the contested mark, tacking related marks for first-use analysis, the inherent distinctiveness of the contested mark, and defendant-clothing manufacturer's innocent-use defense. Read opinion.

Trusts: Stories from the Trenches
Learn about funding revocable living trusts, marital deduction trust funding and tax reporting obligations at this three-hour seminar on Friday, Oct. 27th. Read more.

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