Q: If my client files a bar complaint against me, how do I defend myself without revealing client information?

A: You may disclose client information to the extent reasonably necessary. Depending on the circumstances, you may need to request a protective order. Read ER 1.6(d)(4).

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

Lawyer's Judge
We profile Judge William O'Neil, who begins work this week as the state's first Presiding Disciplinary Judge. Read More.


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State Bar of Arizona

Amelia Craig Cramer to Receive Judge Learned Hand Public Service Award
This year, Amelia Craig Cramer will receive with the American Jewish Committee�s Judge Learned Hand Public Service Award that recognizes an attorney who was demonstrated sustained contributions to the advancement of equality and democratic principles through work in the non-profit or public sectors. Each spring an independent selection committee presents awards to lawyers and judges whose practice of law meets the high standards set by Second Circuit Judge Learned Hand. Congratulations!

Calif. Justices Say Cell Phones Can Be Searched After Arrest
Delving into privacy concerns in the age of the smart phone, the California Supreme Court determined today that after police officers take a cell phone from a suspect during an arrest, they can search the phone's text messages without a warrant. Read More.

E-Mail 'Oops' Ends With General Counsel Being Booted From Case
It's great the way e-mail software auto-completes addresses for you. Except when it puts in the wrong one. Read More.

It's Time to File Your Annual Member Fee Statement
File online to ensure that you meet the compliance deadline for your annual member fee statement. Online filing has never been easier. It's fast, efficient, and safe. Need to pay with a check, no problem, we now offer eCheck filing. Simply go to www.myazbar.org/fees to start this quick and simple process." All online payments receive an immediate confirmation.

Board of Governors Meeting Highlights
The December Board of Governors meeting was held on December 17, 2010. Take a peek at the meeting highlights to see what the Board is working on. Read More.

ABA Eyes Rule Comments on Outsourcing
The American Bar Association Commission on Ethics 20/20 is circulating for comment a draft of proposed Model Rule changes to address domestic and international outsourcing of legal work. Read More.

Arts Contest Closes Soon
The annual Arizona Attorney Creative Arts Competition is accepting submissions. But they are due soon�by January 12. Send your submission to ArtsContest@azbar.org. And click here for more information.

President Obama Extends FDIC Unlimited Insurance on IOLTA Accounts
On December 29, 2010, President Obama signed H.R. 6398 into law, thereby extending unlimited FDIC insurance to IOLTA accounts through December 31, 2012. Read More.

Vacancy - Commission on Appellate Court Appointments
The State Bar's Appointments Committee is seeking applications - deadline January 12th - to fill one unexpected opening on the Commission on Appellate Court Appointments. The vacancy is due to a recent resignation. Click here for candidate criteria and application.

Retired Judge Passes Peacefully
Charles L. Hardy, a retired judge of the U. S. District Court, died peacefully on December 24, 2010. Read More.

Senior Socials Kick Off on January 20
Are you 60 or older? Join other senior lawyers for a networking event on Thursday, Jan., 20. The fun begins at 11:30 a.m. at the Italian American Club in Phoenix, located at 7509 N. 12th Street. Lunch is $8, and you pay at the door.

Clearing the Air: Clean Air, Climate Change and Sustainability in Arizona
Join the Center for Law, Science & Innovation at Arizona State University and the State Bar of Arizona as they host this conference that will feature leading experts in proposing practical solutions to the evolving legal, scientific and policy dimensions of these environmental problems. Read More.

ADOI will Hold Meetings to Address Health Insurance Premiums for Individuals and Small Employers
The Arizona Department of Insurance has received a grant from the U.S. Department of Health & Human Services to increase public awareness and information about health insurance premiums for individuals and small employers. Sole practitioners and small firms may benefit from the information that will be presented at one of three meetings that will be held throughout Arizona in January. Click here for the meeting notice and grant program details.

Arizona Court of Appeals
Division One
| Division Two

December 7, 2010 - JV 10-0073 - Brenda O. v. ADES et al.
In a proceeding to terminate the parental rights of an enrolled member of an Indian tribe, a trained psychologist testifies the parent's rights should be terminated because of her "pathological" alcohol abuse. Does the witness satisfy the expert-witness requirement in 25 U.S.C. section 1912(f) even though he lacks substantial experience and knowledge of Indian social and cultural standards and childrearing practices? Read Opinion.

December 21, 2010 - 2 CA-CR 2010-0247-PR - State of Arizona v. Bianca Burgett
1) Did the trial court err in relying on the presence of children during the commission of the offense as an aggravating circumstance; and 2) did the trial court err in admitting hearsay at the aggravation/mitigation hearing? Read Opinion.

9th Circuit Court of Appeals

January 03, 2011 - 09-10381 - US v. Chaudhry
In the government's appeal from the district court's decision not to impose a provisional sentence for defendant's tax fraud, the appeal is dismissed where the court lacked appellate jurisdiction to review a district court's decision not to impose a provisional sentence until the defendant was competent to be sentenced. Read Opinion.

January 3, 2011 - 09-15808 - Albano v. Shea Homes Limited Partnership
In an action asserting defective construction claims against a developer, the court certified the following questions to the Arizona Supreme Court: 1) does the filing of a motion for class certification in an Arizona court toll the statute of limitations for individuals, who are included within the class, to file individual causes of action involving the same defendants and the same subject matter?; 2) if so, does this class-action tolling doctrine apply to statutes of repose, and more specifically, to the statute of repose for construction defects set forth in Arizona Revised Statute section 12-552?; 3) if the doctrine applies to statutes of repose, and specifically Arizona Revised Statute section 12-552, may a court weigh the equities of the case in determining whether, and to what extent, an action is tolled? Read Opinion.


Upcoming CLE programs
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