Q: My client wrote me a check for an amount that includes fees I've already earned plus advance fees. What do I do with it?

A: Deposit it into your client trust account and then – after the check clears -- withdraw the portion that already belongs to you. Read Rule 43(d)(2)(b).





Dignity's Advocate
Read about a few lawyers who stepped up to correct an injustice. Read more.

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Copyright 2008
State Bar of Arizona



High School Students get Look at Legal System in Action
Teacher Elliot Wnek strives to have his students learn about criminal justice and the courtroom outside the classroom. Read more.

Juvenile Court Center Graduates First Crop of Volunteers
Janet Russell visits teenagers in detention as part of the Yavapai County's first-ever Juvenile Court Center Institute course. Read more.

Can McCain or Obama Turn the Supreme Court?
Legal scholars predict the outcome on key issues if a U.S. Supreme Court justice steps down in the next four years. Read more.



Member Alert on Trust Accounts During Economic Turmoil
With the precarious economy and the number of financial institutions either failing or being taken over by other institutions, lawyers who have client trust accounts should be thinking about the safety of those accounts. Read more.

Hearings on Code of Judicial Conduct
The Arizona Supreme Court Task Force on the Code of Judicial Conduct will hold two public hearings to discuss the proposed new Code. The hearings take place October 24th in Phoenix and November 7th in Tucson. Read more.

Fiduciary Board Member Recruitment
The Arizona Supreme Court's Certification and Licensing Division is recruiting for an attorney member for its Fiduciary Board. The deadline to apply is October 31st. Read more.

Judicial Retention Elections
As attorneys, you may get questions from people about how to vote in this year's judicial retention election on the 2008 General Election Ballot. The Arizona Commission on Judicial Performance Review encourages all voters to visit www.azjudges.info for detailed reports on each judge's performance.

ASU Law School Hosts Conference on Indian Gaming
ASU College of Law's Indian Legal Program hosts a national conference that will examine the effects of the Indian Gaming Regulatory Act on Oct. 16-17. Read more.



Arizona Court of Appeals
Division One
| Division Two

October 2, 2008 – SA 08-0165 – Papazian v. Weiss/State
Is a person charged in municipal or justice court with a misdemeanor that would have been jury-eligible at common law entitled to a jury trial in the absence of a knowing, intelligent, and voluntary waiver? Read opinion.

September 30, 2008 – 2 CA-JV 2008-0009 – Bobby G. v. ADES & Allison G.
After a permanency hearing has commenced in a juvenile dependency proceeding pursuant to A.R.S. � 8-862(A), is a party to that proceeding precluded from filing a petition to terminate parental rights pursuant to A.R.S. � 8-533? Read opinion.

9th Circuit Court of Appeals

October 10, 2008 – No. 06-56082 – Potter v. Hughes
In a shareholder derivative action, dismissal for failure to make adequate demand on the board of directors is affirmed where demand letters regarding the disputed transactions were sent by a fellow shareholder and did not include plaintiff's name. Read opinion.

October 7, 2008 - No. 03-73030 - Granados-Oseguera v. Mukasey
In an immigration appeal, petition to review refusal to reopen removal proceedings is denied where: 1) denial of petitioner's I-140 petition does not render petition to reopen removal proceedings moot; but 2) even if there was ineffective assistance of counsel, there is no "exceptional circumstances" exception to the rule that under 8 U.S.C. section 1229c(d)(1) petitioner cannot move to reopen his removal proceedings after overstaying his voluntary departure period. Read opinion.

 




What Lawyers Learned From Paul Newman
Larry Cohen presents a program based on the most popular movies starring the late Paul Newman for this three-hour ethics seminar on October 31. Read more.

The Complete Lawyer
The Brave New World of Associates
Professional development is a necessity, not a luxury for today's associates. Read more.


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