Q: I work in the Arizona office of a California law firm. May I deposit my Arizona clients' money in the California office's trust account?

A: Yes, with client consent, but the interest on the funds must be paid to the Arizona Foundation for Legal Services and Education. Read Op. 09-03.



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



Lawyer Mobility Admission on motion became the Arizona rule January 1. Learn what it means for you and your practice. Read more.






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ABA Prez Calls for Haiti Donations After 'Heartbreaking' Quake; BigLaw Gives Big Money
After a disastrous earthquake in Haiti earlier this week that is conservatively estimated to have killed 50,000 and devastated much of the country, American Bar Association President Carolyn B. Lamm is calling for members to support humanitarian relief efforts to help residents recover and rebuild. Read more.

Holder Touts Financial-Crimes Fight, Cites 2,800 Mortgage Fraud Probes
Attorney General Eric Holder says the FBI is investigating more than 2,800 mortgage fraud cases, five times the number probed in 2004. Read more.

Follow the Law, China Tells Internet Companies
Two days after Google announced that it would quit China unless the nation's censors eased their grip, the Chinese government offered an indirect but unambiguous response: Companies that do business in China must follow the laws of the land. Read more.



Annual Membership Fees Due in 12 Days
Annual fees must be postmarked on or before Feb. 1. Fees filed after Feb. 1 result in penalties. Dues can be filed online at Myazbar.org. Read more.

Lunch and Learn About Changes to Lawyer Discipline
The lawyer discipline system is about to change. In just 12 months the Arizona Supreme Court is expected to introduce a new streamlined process. You have until April 1 to give your input. Read more.

Task Force Files Petition to Amend Rules Governing Attorney Discipline
The Attorney Discipline Task Force has filed Petition R-09-0044 to amend the Rules of the Supreme Court governing attorney discipline and disability administration. Comments are due April 1, 2010. Read more.

Board of Governors Approves Five Rule Change Recommendations
At its December meeting, the Board of Governors decided to forward proposed rule changes to the Supreme Court that would affect the Arizona Rules of Civil Procedure, Ethics Rules, Rules of Family Law Procedure and Uniform Rules of Procedure for Commissions on Appellate and Trial Court Appointments. Read more.

Nominate a Colleague for Annual State Bar Awards
Nominations for the awards are being accepted through 5:00 p.m. on February 2, 2010. Read more.

State Bar Adds Three Offerings to Member Benefits
The State Bar of Arizona, through its partnership with LexisNexis, has added three new offerings to its current member benefits. Read more.

Prime Office Space Available in State Bar Building
The State Bar of Arizona has 16,200 sq. ft. of prime first floor space available for lease in its Phoenix location. Read more.

Fastcase Launches Improved Web Site
Fastcase has rolled out a brand new corporate site. The new site will include better training materials and links for members to easily move from www.fastcase.com to myazbar.org. If you run into problems with the new site, please contact the State Bar Resource Center at 602-340-7239.


Arizona Court of Appeals
Division One
| Division Two

January 12, 2010 - CV 08-0675 - Beck v. Deem
Do Arizona Revised Statutes sections 14-3972 and -3910 protect a subsequent purchaser of property from a person acquiring the property through an Affidavit for Transfer of Real Property Title, even when portions of the affidavit were false and there is evidence the Affidavit was obtained through fraudulent activity? Read opinion.

December 31, 2009 - 2CA-CR2008-0148 - State of Arizona v. Cesar Montes
Does Senate Bill 1449, which attempted to make A.R.S. � 13-205(A) retroactively applicable by nullifying our supreme court's decision in Garcia v. Browning, 214 Ariz. 250, 151 P.3d 533 (2007), violate the separation of powers doctrine? Read opinion.


9th Circuit Court of Appeals

January 4, 2010 - No. 08-15245 - Caviness v. Horizon Cmty. Learning Ctr., Inc.
In a 42 U.S.C. section 1983 action challenging a charter school's termination of a teacher, dismissal of the complaint is affirmed where plaintiff's allegations were insufficient to raise a reasonable inference that defendant was a state actor and thus acted under color of state law in taking the alleged actions. Read opinion.

January 4, 2010 - No. 07-55938 - US Life Ins. Co. v. Superior Nat'l. Ins. Co.
In a motion to vacate an arbitral award in a reinsurance dispute, the denial of the motion is affirmed where, although the process employed by the arbitration panel, which included an ex parte meeting with panel retained workers' compensation experts, was unusual, the arbitration process provided the parties with a fundamentally fair arbitration and the arbitration award rested on a plausible interpretation of the governing arbitration documents. Read opinion.

January 11, 2010 - No. 07-99005 - Schad v. Ryan
In a capital habeas matter, a denial of the petition is affirmed in part where the prosecution's failure to produce letters written by the prosecutor on behalf of a government witness resulted in little or no prejudice, given the extensive impeachment material already available to the defense. However, the denial of the petition is vacated in part where the district court applied the wrong diligence standard to deny petitioner an evidentiary hearing on his penalty phase ineffectiveness claim. Read opinion.

January 8, 2010 - No. 07-10359 - US v. Capener
In a case involving a failed prosecution for health care fraud, an order partially granting defendant's motion under the Hyde Act and awarding fees to cover the costs of defending against certain counts associated with one of the theories advanced by the government on the ground that the theory was frivolous, is reversed and the fee application is denied where the failure by the government to thoroughly investigate the case was not the kind of misconduct requiring a fee award. Read opinion.

 




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