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Attorney’s Conflict of Interest Attorneys in Arizona cannot accept representation against prior clients where they might devolve confidential information. If they do, they are subject to disqualification and sanctions. In Lalliss v. Hagerty et al., No. 1 CA-CV 15-0545 FC, the Arizona Court of Appeals discussed this issue. This decision was unpublished, which means it […]

Sanctions Against an Attorney for Legal Malpractice in Arizona If a party presents frivolous or groundless arguments to a court, that court can award sanctions. The sanctions can include ordering the party to pay for the attorney fees and costs the other party paid for the arguments. Can the court order the party’s attorney who […]

Court’s Jurisdiction Over Procedural Requirements In In re Marriage of Dorman, 9 P.3d 329 (2000), the appellate court considered a promissory note signed only by one spouse. Facts and Procedure Mr. Cabrera and Mrs. Cabrera divorced in March, 1999. The judge awarded them joint legal and physical custody of their child. They shared parenting time […]

Courts Cannot Appeal Orders Preparatory to Final Orders You can’t bring an appeal from every single decision a court makes. Even if a decision is communicated in an “order,” it might not determine any rights. In Arizona, you can appeal final orders that determine rights, but not orders preparatory to the final order. If you […]

Meaning of “Home State” Arizona adopted the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). This law provides rules to determine which state has jurisdiction in competing child custody actions. Jurisdiction is based on which state has “home-state” status under the law. In the case of Welch-Doden v. Roberts, 42 P.3d 1166 (2002), the Arizona Court […]