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.

Historic Murders
Read our review of Gary Stuart's new book on the Buddhist Temple massacres. Read More.


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Copyright 2010
State Bar of Arizona

Patent Litigation Survey 2010: An Unexpected Turn
Judging by the results of the 2010 edition of our annual Patent Litigation Survey, you might not guess that the number of patent suits filed in federal court fell last year. According to PricewaterhouseCoopers, though, that's just what happened: The number of new infringement claims brought in 2009 was down by 6 percent, compared to the 2008 total. Read More.

Lawyer Transitions: Encountering Counteroffers
Something that sounds too good to be true usually is. A large number of employees who receive a job offer, but then accept counteroffers from their current employer, will eventually leave, either on their own volition or through termination, within six months. Employers do not like to be "fired" (no one likes rejection), so a counteroffer can turn the tables. By accepting a counteroffer, all you may accomplish is ensuring that you will leave the firm on your current employer's terms, not yours. Read More.

Young Lawyers Division President Maricela Meza Named as Woman of Influence
Each year, Inside Tucson Business honors influential women business leaders who have made a positive impact not just within their fields, but in the community as well. Going into its seventh year, Women of Influence will add another 10 honorees to its alumnae list of five dozen. Read More.

Register by Nov. 1 for Networking Opportunity - "Building Your Connections"
Join the State Bar of Arizona, the Arizona Society of CPAs and the Risk Management Association of Arizona on Nov. 4 at the Tempe Center for the Arts. Register at //www.myazbar.org/cle.

2010 Economics of Law Practice in Arizona Report Going Quickly
This year's report is selling out quickly but there's still a chance for you to grab yours today. The report helps with the difficult task of managing operations of a law firm including keeping current on salaries for associates and support staff, hourly billing rates and overhead expenses. Read More.

FDIC Closes First Arizona Savings. IOLTA Account Holders and Other Depositors to Receive Checks for their Insured Funds.
The State Bar identified and contacted seven of its members that held IOLTA accounts at First Arizona Savings, in Scottsdale, and has confirmed that they will be receiving fully insured payouts by the Federal Deposit Insurance Corporation (FDIC). The FDIC conducted a smooth transition for customers and mailed-out checks on October 25. Customers who have questions about their deposits should contact that FDIC directly. Read More.

State Bar of Arizona Gears Up to Publish 2011 Expert Witness Guide
The guide is a free resource to help attorneys who are seeking experts to assist with complicated cases. Community organizations will find the guide helpful when trying to find speakers to explain complex issues. In addition, the guide will benefit reporters when seeking experts to interview for crime and court stories. Read More.

State Bar of Arizona Wins National Award
The State Bar of Arizona was among 16 bar associations and their communications professionals to receive a Luminary Award this year. The Luminary Awards recognize excellence in marketing, public relations, regular publications, special publications, electronic publications, and websites. Winners include representatives from small, medium, and large bar associations from across the county. Read More.

Suspension Recommended for Attorney Who Was Alleged to Have Channeled the Dead
The Disciplinary Commission of the Supreme Court of Arizona has recommended that Charna R. Johnson be suspended from the practice of law for one year and ordered to serve two years of probation upon reinstatement. Read More.

Climate Change One Focus in New Arizona Attorney Magazine
In its October edition, Arizona Attorney Magazine has launched Earthwise Lawyering and Law's Attic, two new occasional features that address topics of interest to lawyers and the broader public. Read More.

Bar Flys Make Their Debut at the 2011 P.F. Chang's Rock 'n' Roll Marathon
As part of the State Bar of Arizona's Wellness Program, the State Bar has entered a team in the 2011 P.F. Chang's Arizona Rock 'n Roll Marathon and Half Marathon "Get Fit Challenge" to be held January 16, 2011, in Phoenix, Tempe and Scottsdale. Be one of the first 75 Bar Flys to register with the Bar's team and get 25% of your registration subsidized! Read More.

Arizona Forensic Science Academy: Application Deadline Rapidly Approaching
The Arizona Attorney General's Office Forensic Services Advisory Committee is pleased to announce the inaugural class of the Arizona Forensic Science Academy. This interactive and innovative course allows prosecutors and defense attorneys to learn about the scientific issues that are presented in your cases, and also provides you with an opportunity to conduct direct and cross-examination of scientific experts. Applications must be received by 5 p.m. on November 1, 2010. Read More.

If You Let Us Play: Sports, Disabilities, and the Impact of the Law
Join the Bar's Committee on Persons with Disabilities in the Legal Profession as they provide you with insights on historic cases by attorneys and litigants, an overview of applicable state and federal laws and litigation developments and trends on December 1. Read More.

Maricopa County Recorder's Office - Tips for Frequent Customers
Save money on administrative fees and service charges by setting up an account to transact all of your recording transactions. Read More.

Public Comments Sought for Coconino County Superior Court Judicial Applicants
Seven applicants will be considered to fill the open seat Coconino County Superior Court. Voice your opinion on the judicial candidates by November 15. Read More.

John R. Justice Student Loan Repayment Program: Application Deadline This Friday
The John R. Justice (JRJ) Program provides loan repayment assistance for local, state, and federal public defenders and local and state prosecutors who commit to continued employment as public defenders and prosecutors for at least three years. Read More.

Arizona Court of Appeals
Division One
| Division Two

October 19, 2010 - SA 10-0068 - Longoria v. Hon. Slayton/State
Did the trial court err in defining "deadline" to mean that Rule 15.8 does not apply to a plea offer that is not accompanied by an expressly stated deadline? Read Opinion.

October 6, 2010 - 2 CA-MH 2010-0001 - In Re Pinal County Mental Health No. MH-201000029
Did the two psychiatrists in this case comply with A.R.S. �� 36-501(14), 36-533(B), and 36-539(B), which require that a proposed patient for court-ordered treatment receive a "complete physical examination" personally conducted by each evaluating physician, when their examinations were limited to interviewing the patient, reviewing his records, and observing his demeanor and physical presentation? Read Opinion.

9th Circuit Court of Appeals

October 25, 2010 - 06-17328 - Catholic League for Religious & Civil Rights v. San Francisco
In an action by Catholics and a Catholic advocacy group against San Francisco on account of an official resolution denouncing their church and doctrines of their religion, the dismissal of the action is affirmed where: 1) adherents to a religion have standing to challenge an official condemnation by their government of their religious views, and official urging by their government that their local religious representative defy their church; but 2) the district court correctly dismissed the plaintiffs' lawsuit because duly-elected government officials had the right to speak out in their official capacities on matters of secular concern to their constituents. Read Opinion.

October 25, 2010 - 09-55502 - Sanford v. MemberWorks, Inc.
In an action under the Unordered Merchandise Statute, as well as state-law claims for conversion, unjust enrichment, and fraud, arising out of plaintiffs' alleged billing for membership in a product discount program, the dismissal of the complaint is affirmed where: 1) plaintiff's claims in this action arose out of the same allegations in her state-court case against defendant, which plaintiff had settled; 2) it was not unreasonable to expect the party who placed the phone calls to defendant to have personal knowledge of the relevant facts, and thus the district court properly denied plaintiff's motion to amend to state a RICO claim; and 3) nothing defendant allegedly mailed to plaintiffs fit within the definition of "merchandise." Read Opinion.


Upcoming CLE programs
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