Q: May a lawyer destroy closed files, such as in estate-planning matters, that lawyers historically have been told need to be retained indefinitely?

A: Yes, under certain circumstances. Read Op. 08-02.

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

Fraud & the Stimulus
Federal stimulus funds may be a way out of down times. But they contain pitfalls for the unwary. Read more.


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Copyright 2009
State Bar of Arizona

Cloud Computing for Mobile Lawyers
As a trial lawyer who spends as much time out of the office as in, I need secure access to all of my client data on the road. Read more.

Ethics of 'Friending' Adverse Witnesses
Consider the following hypothetical scenario: An attorney searches for an adverse party in an Internet search engine and discovers that the party has a Facebook page. Read more.

News Flash to Law Students: If You Get a Summer Job Offer, Accept Now!
Amidst the worst legal market in the memory of many practicing attorneys, a Northwestern University School of Law career services official offers some advice to law students. Read more.

FTC's "Red Flags Rule" Leads ABA to File Suit
The American Bar Association asked the U.S. District Court for the District of Columbia to bar the Federal Trade Commission from applying its Red Flags Rule, designed to prevent identity theft, to practicing lawyers. Read more.

Free In-Depth Fastcase Training may Qualify for CLE Credit
Fastcase will hold online classes on conducting in-depth research in the coming weeks that may qualify for CLE credit. The State Bar of Arizona offers free, unlimited access to Fastcase as a benefit to members. Read more.

Sept. 16 Event to Cover Insights on U.S. Supreme Court Arguments by Lawyers with Disabilities
A free event on Sept. 16 will cover insights on U.S. Supreme Court arguments by lawyers with disabilities. The event, which may qualify for one hour of CLE credit, will be held from noon to 1:30 p.m. on Sept. 16 at the State Bar of Arizona office in Phoenix. Read more.

File MCLE Affidavits Before Sept. 15 Deadline
The deadline to file 2008-09 MCLE affidavits is Sept. 15, 2009. Members may submit affidavits online or download a PDF format. Members also may use the affidavit form in the September edition of Arizona Attorney mailed in mid-August. Read more.

LexisNexis® Offers Coffee Break Webinars
These Webinars are quick, complimentary 20-minute sessions that provide tools to help in the practice of law. LexisNexis provides several webinars a month. A Sept. 15 seminar will cover mastering litigation during the financial crisis. Read more.

Board of Governors Meeting Highlights - August 2009
Proposed rule changes pertaining to lawyer advertising were the most controversial issue addressed at the August Board meeting. Read more.

Get To Know Your Supreme Court
Chief Justice Rebecca White Berch will share her inspiring journey to this position as well as the latest news from the court. Read more.

Arizona Court of Appeals
Division One
| Division Two

August 31, 2009 - 2 CA-CR 2008-0339 - State of Arizona v. Jeremiah Marce Forte
When a defendant's probation is revoked and he is sentenced for a felony offense, does a trial court err by conducting the disposition hearing with the defendant appearing only through an interactive audiovisual device and unable to communicate confidentially with counsel? Read opinion.

August 27, 2009 - CV 08-0366 - State v. Johnston
Does "shall promptly enforce" as set forth in Arizona Revised Statutes section 32-1138 (2008) bar the Registrar's Recovery Fund subrogation against a non-compliant contractor two and one-half years after it made payment to an injured party? Read opinion.

9th Circuit Court of Appeals

August 27, 2009 - No. 08-10061 - US v. Guzman-Mata
Defendant's sentence for illegally reentering the U.S. is affirmed where a conviction under 8 U.S.C. section 1324(a)(1) is categorically an "alien smuggling offense" under U.S.S.G. section 2L1.2(b)(1)(A), and thus the district court properly enhanced defendant's sentence. Read opinion.

August 26, 2009 - No. 07-10553 - US v. Cardenas-Mendoza
Defendant's drug conviction is affirmed where the district court abused its discretion under the Jencks Act when it did not strike the testimony of a government agent whose grand jury testimony transcript could not be produced, but the error was harmless because the agent's testimony played only a small part in the government's case. Read opinion.

Upcoming CLE programs
Read more.

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