Q: May a lawyer and client agree that the lawyer will keep the client's closed file for a specific length of time?

A: Yes. Read Op. 08-02.

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Copyright 2009
State Bar of Arizona

Maricopa County Bar Association Moves Into Temporary Quarters
Effective Feb. 23, the MCBA will be located at 2001 N. Third St. Suite 204, Phoenix, AZ 85004. The main phone number is 602-257-4200.

Survey: 60 Percent of AZ Lawyers Pessimistic About Jobs
About 60 percent of Arizona lawyers feel uncertain and pessimistic about their practices for 2009, according to a survey done by an Arizona magazine. Read more.

Lincoln's Legacy as a Lawyer Is Remembered on His 200th Birthday
Although best-remembered as a U.S. president at a time of national turmoil, Abraham Lincoln was also a skilled trial lawyer who at one point argued before the U.S. Supreme Court. Read more.

Lawyers on Call Needs Tax Attorneys to Volunteer March 3
The State Bar of Arizona is seeking tax attorneys to volunteer to answer the public's questions during the Lawyers on Call program with 12 News on March 3. The Bar needs at least six more attorneys to volunteer. Interested attorneys should contact Rachael Myer at Rachael.myer@staff.azbar.org or 602-340-7293. Read more.

State Bar Extends Comment Period
State Bar Task Force extends comment period to April 17 on proposed changes to ER 1.5 Fees (pgs. 8-13) and a new rule governing lawyer referral services (pgs. 25-27). Send comments to carrie.sherman@staff.azbar.org. Read more.

State Bar Seeks Public Board Member
The State Bar of Arizona's Board of Governors is accepting applications from non-lawyers, through February 20, to fill one seat on its Board. The participation of public members is essential to the State Bar's efforts to make sure Arizona citizens have a strong voice in the legal system. Read more.

Supreme Court Expands Character and Fitness Committee
Arizona Supreme Court expands the size of its Character and Fitness Committee. Lawyers and non-lawyers can apply to serve by February 25. Read more.

Arizona Attorney March Job Ads Available Now
Job postings listed in Arizona Attorney are now available four weeks before they are published in the print magazine. Read more.

Warren E. Burger Prize
The Warren E. Burger Writing Competition is designed to encourage outstanding scholarship that "promotes the ideals of excellence, civility, ethics and professionalism within the legal profession," the core mission of the American Inns of Court. The American Inns of Court invites judges, lawyers, professors, students, scholars and other authors to participate in the essay competition. Must be postmarked by June 15, 2009. Read more.

2009 Judge Learned Hand Awards Luncheon
The 2009 Judge Learned Hand Awards Luncheon will take place from 11:30 a.m. to 1:30 p.m. on Tuesday, March 17 at the Hyatt Regency Phoenix. Read more.

NAS Report to be "Force of Change in Forensic Field"
A highly anticipated report by a National Academy of Sciences committee on the forensic sciences is expected to be a "sweeping critique" of evidence used by police and prosecutors to convict defendants and likely will include controversial recommendations that would substantially change the field, according to a newspaper report. On April 3-4, the Sandra Day O'Connor College of Law at Arizona State University will issue the first major response to the report when it convenes an international body of experts from the fields of forensic science, criminalistics and scientific evidence to discuss, "Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond." Read more.

Enos to Speak on Balance of Power at Annual Canby Lecture
Diane Enos, president of the Salt River Pima-Maricopa Indian Community, will speak on "Tribal Governance and Individual Rights: the Delicate Balance of Power and Alarm," at the Second Annual William C. Canby Lecture. It will be held at 4:30 p.m. on Tuesday, Feb. 17, in the Great Hall of Armstrong Hall on ASU's Tempe campus, and is free and open to the public. Read more.

Arizona Court of Appeals
Division One
| Division Two

Feb. 3, 2009 - CV 07-0817 - Sharpe v. AHCCCS
Does AHCCCS's policy that dentures will only be provided when there is a medical need other than and in addition to the inability to chew violate the statute, Arizona Revised Statutes section 36-2907(A)(6), that requires coverage for dentures when medically necessary? Read opinion.

Feb. 11, 2009 - 2 CA-CV 2008-0101 - Duwyenie v. Moran
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), does an Arizona court have jurisdiction to make a custody determination of a child whose home state is Arizona, when an out of state tribal court previously has asserted jurisdiction on grounds not recognized by the UCCJEA and has declined to relinquish such jurisdiction? Read opinion.

9th Circuit Court of Appeals

Feb. 13, 2009 - No. 06-16527 - Rohr v. Salt River Project Agric. Improvement & Power Dist.
In a lawsuit against former employer brought by an insulin-dependent type 2 diabetic for employment discrimination in violation of the Americans with Disabilities Act (ADA), summary judgment for defendant is vacated where, even under pre-ADA Amendments Act (ADAAA) law, the district court erred in concluding that plaintiff was neither "disabled" nor a "qualified individual" under the ADA. Read opinion.

Feb. 6, 2009 - No. 06-16520 - In re: John M. Costas
BAP denial of a bankruptcy trustee's request for an avoidance of a disclaimer of trust benefits under Arizona law is affirmed where the Arizona disclaimer did not qualify as a transfer of an interest of the debtor in property. Read opinion.

Random Trust Audits
Random trust audits are here! Is your firm ready? Read more.

The Complete Lawyer
How Lawyers Can Lead Meetings By Managing Hostile Groups
Learn a new skill set to handle adversarial encounters. Read more.

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