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.

New Southern Office
The State Bar's new Southern Regional Office has been a great success. Read about its offerings and location. Read more.


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State Bar of Arizona

New Lawyer Stationed in Iraq Gets Sworn In Via Video Conference
In what's believed to be a first-of-its-kind swearing-in ceremony for a lawyer, a Michigan soldier in Iraq became an attorney via a live video conference, taking his oath before a judge who was more than 6,300 miles away. Read more.

Salary Gap Widens Between Have and Have-Not Law Grads
New salary figures for law graduates show a growing gap between associates at the big firms and everybody else. Read more.

Poetry, as Souter Takes Leave
There was one piece of business left after the Supreme Court handed down its last two decisions before its summer break, and it involved the citation of poetry rather than precedent. Read more.

Board of Governors Vacancy and Supreme Court Committee Openings
A resignation leaves a Maricopa County seat open on the State Bar of Arizona's Board of Governors, and Character and Fitness and Examinations committees seek volunteers. Apply by Aug. 28. Read more.

IRS Phoenix Office Moves
The Phoenix office of the Internal Revenue Service has moved its location. Bankruptcy attorneys must add M/S 5014 to the first line of the mailing address. Read more.

Selective Service System Seeks Lawyers to Serve on Board
The Selective Service System is looking for Arizona attorneys to serve as local board members. This is a presidential appointment. Read more.

Arizona Court of Appeals
Division One
| Division Two

July 2, 2009 - CV 07-0900 - Keystone v. Arizona
Does this appeal by a contractor from administrative disciplinary action taken by the Registrar of Contractors constitute an "action arising out of contract" for purposes of awarding attorneys' fees under Arizona Revised Statutes section 12-341.01(A)? Read opinion.

June 24, 2009 - 2 CA-CR 2007-0365 - State of Arizona v. Jose Salvador Guillen
1. Whether a canine sniff search that occurs at the exterior of a home but gathers information emanating from inside the home constitutes a search under the Fourth Amendment to the United States Constitution.
2. Whether such a sniff search constitutes an infringement of article II, 8 of the Arizona Constitution, and if so, whether officers must have probable cause and a warrant to conduct it or whether they merely need reasonable suspicion contraband will be found in the home.
3. If the canine sniff search of Guillen's home was an unlawful search, whether the evidence ultimately seized pursuant to a consensual physical search of the residence should be suppressed as fruit of the poisonous tree. Read opinion.

9th Circuit Court of Appeals

July 2, 2009 - No. 08-15101 - Marilyn Nutraceuticals, Inc. v. Mucos Pharma GBMH & Co.
In a trademark infringement action involving the enzyme-based dietary supplement Wobenzym, the District Court's preliminary injunction requiring Defendant to cease selling a dietary supplement is affirmed in part, where Defendant did not meet its burden to prove that Plaintiff ceased production of the supplement; but vacated in part, where a District Court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a trademark infringement case. Read opinion.

July 1, 2009 - No. 07-99017 - Bible v. Ryan
In a capital habeas matter, the denial of Petitioner's petition is affirmed, where Petitioner was not prejudiced by any of his counsel's alleged errors during the sentencing phase of his trial, because there was no reasonable probability that the sentencing judge would have reached a different result in the absence of the alleged errors. Read opinion.

CLE by the Sea will be held July 15-18 at the Hotel del Coronado in San Diego.

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