Q: May I keep an online file storage system so that my clients may access their own files over the Internet?

A: Yes, with reasonable precautions. Read OP 09-04.

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

Economic-Loss Rule
Read our two-article coverage of a construction case that led to a historic outcome. Read More.


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State Bar of Arizona

Sheila Polk Honored for Developing Ethical Courses
Yavapai County Attorney Sheila Polk will be honored next month by the U.S. Holocaust Memorial Museum for her work developing ethical leadership programs using lessons learned from the Holocaust. Read More.

House Cuts $70 Million in LSC Funding
The U.S. House of Representatives passed a $70 million cut in Legal Services Corporation (LSC) funding from the current level, reducing grants to 136 local legal aid nonprofit programs by an average of 18 percent. Read More.

Congress Takes Up Major Change in Patent Law
The patent system hasn't changed much since 1952 when Sony was coming out with its first pocket-size transistor radio, and bar codes and Mr. Potato Head were among the inventions patented. Now, after years of trying, Congress may be about to do something about that. Read More.

High Court Allows Dying Man's Shooter ID; Scalia Hits Majority's 'Active Imagination'
Justice Antonin Scalia argued in dissent today that the Supreme Court has left its confrontation clause jurisprudence "in a shambles" by creating an expansive exception that allows admission of pretrial statements by victims of violent crimes. Read More.

Action Alert: Check Scammers are Back
12 Call for Action reveals that check scammers are back. This time, targeting lawyers. View Video.

State Bar Issues Opinion on the Ethical Position of Lawyers Regarding Medical Marijuana Act
The State Bar of Arizona's Committee on the Rules of Professional Conduct has issued an opinion that says lawyers may assist clients in complying with the state's new Medical Marijuana Act. Read More.

March 2 is Deadline to Run for the Board of Governors
Elections will be held this Spring in District 2 (Yavapai County), District 6 (Maricopa County), and District 8 (Pinal County). For the first time, elections will be conducted online. For more information and a nomination package, click here.

Early Bird Deadline Extended to March 4: ABA Technology Show Bringing Lawyers & Technology Together
As a member of State Bar of Arizona, we want to make you aware of ABA TECHSHOW and the substantial discount we can provide you on registration. The standard registration for ABA TECHSHOW costs $1,025, but our discount automatically decreases the price to $875. If you register before the extended early bird deadline, you will receive an additional discount of $200 - all for a low cost of $675! Simply download this registration form and include this unique Event Promoter Discount Code, EP1122, to receive the rate.

Legal Services Corporation Announces the Availability of Competitive Grant Funds
The Legal Services Corporation (LSC) announces the availability of competitive grant funds to provide civil legal services to eligible clients during calendar year 2012. Read More.

The State Bar Board of Governors has taken official positions on a number of bills in the 50th Legislative - First Regular Session
Keller v. State Bar of California 496 U.S. 1 (1990) requires that the State Bar's legislative positions must be narrowly limited to specific issues related to its core purposes: promoting the interests of the legal profession, improving the administration of justice, improving the quality of legal services to the public and promoting advancements in Arizona jurisprudence. The State Bar of Arizona does not take positions that are divisive among its membership. The "Annual Report of Public Policy Positions" can be viewed here.

Do You Have The Skills to Make the Best Use of Your Technology?
It happens to all of us. We get comfortable with the technology that we are currently using and, although we know there are features we're not using or upgrades we should be considering, we're so busy - keeping up with the ever changing law, dealing with clients, and getting the work done by deadline - that we just don't feel like we can afford to also devote time and energy to fully exploring the hardware or software in which we've invested. Read More.

Registration Open for Arizona College of Trial Advocacy
The Trial College is open to a select group of 48 attorneys. For more information and an application, click here.

Arizona Court of Appeals
Division One
| Division Two

March 1, 2011 - SA 11-0007- State v. Hon. Reeves/Aguirre
1. Does a person injured in a vehicle accident qualify as a victim under the Victims' Bill of Rights when the defendant is charged solely with leaving the scene of a fatal accident?

2. May the parents of a minor child killed in a vehicle accident, in which the defendant is charged solely with leaving the scene of a fatal accident, invoke the rights and protections of the Victims' Bill of Rights? Read Opinion.

February 14, 2011 - 2 CA-CR 2009-0172 - State of Arizona v. Michelle D. Sprang
Did the trial court abuse its discretion by instructing the jury on second-degree murder when all the evidence supported a finding of premeditation, and, if so, was the error harmless? When the defendant was acquitted of first-degree murder by the jury and when the appellate court has vacated the defendant's conviction for the lesser-included crime of second-degree murder, has double jeopardy attached to the second-degree murder charge? Read Opinion.

9th Circuit Court of Appeals

February 24, 2011 - 10-16666 - Dish Network Corporation v. FCC
In a First Amendment case involving the question of an whether an FCC regulation requiring compulsory carriage of qualified noncommercial educational television stations in high-definition constituted content-based regulation of free speech, denial of motion for injunctive relief by plaintiff is affirmed because plaintiff failed to demonstrate it is likely to succeed on the merits. Read Opinion.

February 22, 2011 - 08-17491 - Estate of Shapiro v. US
In a tax refund lawsuit where the district court held that homemaking services did not, as a matter of law, provide sufficient consideration to support a cohabitation contract, the district court is reversed because its holding was premised upon a misconstruction of Nevada law regarding contracts between cohabitating individuals. Read Opinion.


Upcoming CLE programs
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