Q: If a lawyer does not have a file-retention policy, may the lawyer destroy closed client files without notice to the client?

A: No. Read Op. 08-02.

Save time and money by expediting the creation and processing of subpoenas.

Code Crafting
How did we get our state constitution? Our cover story tells the tale. Read more.


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Copyright 2009
State Bar of Arizona

Citing Cost, States Consider End to Death Penalty
When Gov. Martin O'Malley appeared before the Maryland Senate, he made an unconventional argument that is becoming increasingly popular in cash-strapped states: abolish the death penalty to cut costs. Read more.

Law Firms Scramble to Help Clients Grab Stimulus Funding
The $787 billion federal stimulus program is offering a boost for local law firms beginning to feel the sting of the faltering economy. Read more.

Philadelphia DA's Office Rescinds Offers to Incoming Class of Lawyers
Large law firms aren't the only ones faced with the stark reality of staffing concerns in this economy. The already budget-crunched Philadelphia District Attorney's Office -- a large law firm in its own right -- has had to do something it has never done: Rescind offers to its incoming class of attorneys. Read more.

State Bar, 12 News Celebrate 5 Years of Helping Arizonans With Legal Problems
The State Bar of Arizona and 12 News have helped more than 7,400 Arizonans with 675 hours of free legal advice during the five years the two organizations have partnered to hold the "Lawyers on Call" program. Tonight the State Bar and 12 News will celebrate the 5-year anniversary when they help Arizonans with tax questions. Watch Channel 12 from 4:30 to 6:30 pm. Read more.

Arizona Students to Win Cash for Lincoln YouTube Contest
Arizona students in kindergarten through high school are using their creativity to develop a YouTube video in honor of Abraham Lincoln's legacy and his bicentennial. The student who wins first place in the Law Day 2009 contest will receive $400. The deadline to enter is April 1, 2009. Read more.

John Phelps to Address Minority Bar Convention
John Phelps, CEO/Executive Director of the State Bar of Arizona, will deliver the keynote address at the 2009 Minority Bar Convention. The event takes place from noon to 1:30 p.m. on Friday, March 20. The topic of the address is "Diversity: A New Conversation." 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.

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.

U.S. Forensic Science System "Badly Fragmented," Says National Report
Major reforms to the nation's forensic science practices, mandatory certification for forensic scientists and research into the reliability of various methods within the science are among recommendations in a new report from a committee of the National Academy of Sciences. The new report is the focal point of an international conference, "Forensic Science for the 21st Century: The National Academy of Sciences Report and Beyond," that will be hosted on April 3-4 by the Sandra Day O'Connor College of Law in Tempe. Read more.

Arizona Court of Appeals
Division One
| Division Two

Feb. 26, 2009 - CR 07-0901 - State v. Provenzino
Did the trial court err in counting two historical prior felony convictions as one aggravating factor, instead of two pursuant to Arizona Revised Statutes section 13-702.C.11? Read opinion.

Feb. 13, 2009 - 2 CA-CV 2008-0189 - Fidelity National Title v. Town of Marana; Bronson; Nessinger
When challenging a rezoning ordinance by referendum, what is the event that triggers the running of the thirty-day time limit within which to file a referendum petition? Read opinion.

9th Circuit Court of Appeals

Feb. 26, 2009 - No. 07-10122 - U.S. v. James
Defendant's murder and robbery convictions are affirmed in part where the Federal Juvenile Delinquency Act does not require that charges added after a juvenile's transfer to adult status be the subject of an additional transfer hearing, but vacated in part where sentencing Defendant both for felony murder and second-degree murder and robbery violated the Double Jeopardy Clause. Read opinion.

Feb. 23, 2009 - No. 07-15626 - Simpson v. Burkart
In an appeal from a Bankruptcy Court order that Debtor's single-premium annuity was not exempt property, the order is affirmed, where Cal. Civ. Proc. Code section 704.100(a) exempted only life insurance from the bankruptcy estate. Read opinion.

Stressed Out?
This seminar shows how to balance work and life. Read more.

The Complete Lawyer
How Planning Ahead Can Increase Your Law Firm's Efficiency
Planning and focusing will lift you out of the catch-up grind. Read more.

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