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.

Top 10 Verdicts
Our annual roundup of the largest verdicts from 2009. We also cover significant defense verdicts. Read more.


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State Bar of Arizona

Diversity-Minded Tips to Help Associates Succeed
Before jumping headfirst into tips to help a diverse associate succeed at a law firm, I offer two caveats. First, there is no one-size-fits-all approach to successfully navigating the course at a law firm. Second, while many of the tips below are not uniquely helpful for diverse associates, they often have elements that are particularly applicable to diverse associates. Read more.

SCOTUS: Suspects Must Speak to Invoke Right to Silence
In a 5-4 ruling, the U.S. Supreme Court has rejected an inmate's claim that his "persistent silence" for nearly three hours of police questioning indicated he had refused to waive his Miranda rights. Read more.

1st Circuit Expands Trial Courts' Discretion Over Resentencing
A 1st U.S. Circuit Court of Appeals ruling giving district court judges resentencing discretion when a defendant meets career offender and crack cocaine guidelines expands a circuit split on the issue. Read more.

What's the Distance From Downtown Phoenix to Glendale?
Just 17.3 miles - or 23 minutes depending on traffic. All the more reason to take a break away from the office and join the 1,300 members who have already registered for the 2010 Annual Convention. Read more.

Convention Coverage - and You
Arizona Attorney Magazine will be covering the Bar Convention in new ways this year. If blogs, Twitter or Facebook are in your social repertoire, read more.

Arizona In-House Attorneys Invited to Convention Reception
The State Bar of Arizona's In-House Counsel Committee invites all Arizona in-house lawyers to attend a reception at the Renaissance Glendale Hotel & Spa on Thursday, June 10, 2010, starting at 5:00 p.m. Read more.

Lawyers in Transition Pavilion Back by Popular Demand
FREE to all Bar members. Convention registration is not necessary. A great line-up of speakers and materials on a wide range of topics for transitioning, un- and underemployed lawyers. Read more.

Lawyer on Call Ramps Up for July 6 Phone Bank - Foreclosures and Evictions
Lawyers On Call has helped more than 923 Arizonans to date in 2010 and more than 10,000 people in the six years 12 News KPNX -TV has broadcast this State Bar program. If you'd like to volunteer for the July 6 phone bank, contact (602) 340-7293. Read more.

Arizona Attorney Seeks Your Ideas
Have you ever said, "There ought to be a law" (or a policy, or a regulation)? An upcoming issue of Arizona Attorney Magazine will give you the chance to share your thought-in the "Ideas Issue." Read more.

Summer Law Camp Applications Due by June 11
The State Bar of Arizona is seeking students to participate in a Summer Law Camp on June 25 and June 26. Read more.

Bar Leadership Institute Seeking Applicants for Class of 2011
Apply by June 18 for the Bar Leadership Institute. This award-winning program will train future bar leaders from diverse background. Read more.

Arizona Court of Appeals
Division One
| Division Two

June 3, 2010 - CV 09-0427 - Chopin v. Chopin
What is the meaning of the term "romantic cohabitation" when used in the termination provision of a spousal maintenance agreement? Read opinion.

May 27, 2010 - 2 CA-SA 2009-0059 - Braillard v. Maricopa County, Maricopa County Sheriff's Office
1. In a wrongful death and survival action brought by the adult child and estate of a pretrial detainee who died from complications of diabetes which was untreated while she was in custody, did the trial court err in denying defendants' motion to dismiss the Maricopa County Sheriff's Office as a non-jural entity?
2. Can the violation of an adult child's right to associate with a parent support a wrongful death claim pursuant to 42 U.S.C. � 1983, absent any official action directed at the parent-child relationship?
3. Did the trial court err in granting defendants' motions for summary judgment dismissing plaintiff's � 1983 claims?
4. Do A.R.S. �� 12-820.04 and 14-3110 preclude awards of punitive damages and damages for pre-death pain and suffering in a � 1983 action?
5. Did the trial court err in denying defendants' motions for summary judgment dismissing plaintiff's negligence claims?
6. Did the trial court abuse its discretion in resolving discovery disputes? Read opinion.

9th Circuit Court of Appeals

June 3, 2010 - No. 08-56954 - Montz v. Pilgrim Films & Television, Inc.
In an action for copyright infringement and related state claims based on defendants' use of plaintiffs' materials in developing a television show involving a team of "paranormal investigators" called "Ghost Hunters", dismissal of plaintiffs' state-law claims is affirmed where: 1) the Copyright Act preempted plaintiffs' implied contract claim because the rights asserted by the plaintiffs under the implied contract were equivalent to the rights of copyright owners under 17 U.S.C. section 106 -- namely, the exclusive rights to use and to authorize use of their work; and 2) defendants' alleged breach of confidence stemmed from an alleged violation of the very rights contained in section 106. Read opinion.

May 27, 2010 - No. 09-35084 - Carver v. Holder
In an action to enforce the EEOC's determination that the Department of Justice (DOJ) discriminated against plaintiff based on his age, claiming that plaintiff was entitled to more relief than the district court previously awarded him, summary judgment for defendant is affirmed on the ground that plaintiff could not parse his action to increase the remedy without relitigating the liability issue in pursuing his claim in federal court. Read opinion.


SBA Annual Convention
Renaissance Resort & Spa
Prices remain at 2007 rates!

Upcoming CLE programs
Read more.

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