Q: May I charge my client a non-refundable fee that will entitle the client to a certain number of hours of work rather than for a self-contained task?

A: Yes. Read Op. 10-03.



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



Spotlight on ADR
Our November issue features our first annual ADR & Mediation Guide, as well as two articles on the topic. Read More.






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State Bar of Arizona




Gallagher & Kennedy Attorney Named "Environmental Lawyer of the Year"
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named James G. Derouin as 2011's sole recipient for the "Phoenix Best Lawyers Environmental Lawyer of the Year." Mr. Derouin is one of Gallagher & Kennedy's 32 attorneys mentioned in this year's edition of Best Lawyers. Read More.



Recession Blamed for 'Historic' Decline in Law Firm Diversity
There's no getting around it: Law firm diversity took a hit during the past year after a long period of steady, if small, gains. Read More.

Make Time for Social Media
One year in college my brother and I decided to unplug the cable and go without television programs for an entire year. It was so liberating, and we were able to make better use of our time. Read More.


Board of Governors Meeting Highlights
Interested in learning what goes on at the monthly Board of Governors meetings? eLegal will now include the meeting highlights in the issue immediately following the monthly meeting. Read More.

Processing Your Annual Fee Statement Has Never Been Easier
This year, as in years past, your entire annual fee statement can be completed, reviewed and submitted online. You can use a credit card or E-check to easily make your payment through the Bar's secure website by clicking here. Using this technology reduces association costs and improves accuracy, all while ensuring the privacy of your transaction.

Attorney Suspended For Violating Attorney-Client Relationship
The State Bar of Arizona conducted its investigation after Lockwood self-reported his misconduct. The Hearing Officer found that he violated multiple provisions of the Rules of Professional Conduct that included: Confidentiality of Information, Conflict of Interest, and Duties to Former Clients. Read More.

New Discipline Changes Create Need for Volunteers
The Arizona Supreme Court has enacted significant changes to the attorney discipline system, effective January 1, 2011. The changes include the establishment of the Attorney Discipline Probable Cause Committee and hearing panels; and utilization of volunteer settlement officers. The Court is seeking applications from attorneys and members of the public to serve as volunteer members of the Committee, hearing panels and as settlement officers. Read More.

State Bar of Arizona Gears Up to Publish 2011 Expert Witness Guide
The guide is a free resource to help attorneys who are seeking experts to assist with complicated cases. Community organizations will find the guide helpful when trying to find speakers to explain complex issues. In addition, the guide will benefit reporters when seeking experts to interview for crime and court stories. Read More.

New ADR & Mediation Guide Featured in Arizona Attorney
Arbitration, the trial alternative, has seen significant changes in recent years, and Arizona Attorney magazine covers them in its November issue with two articles in a special feature. The magazine also has launched its first-annual ADR & Mediation Guide in the issue. Read More.

Centennial Celebration of AZ Constitutional Convention
One hundred years ago, delegates convened for Arizona's Constitutional Convention. Join community leaders to celebrate this momentous event with an afternoon discussion about the convention, its delegates, and the development of our state's constitution. Read More.

Judicial Nominating Commissions
Apply by November 29th to serve on the Arizona Commission on Appellate Court Appointments, or the Maricopa or Pima County Commissions on Trial Court Appointments. Read More.

If You Let Us Play: Sports, Disabilities, and the Impact of the Law
Join the Bar's Committee on Persons with Disabilities in the Legal Profession as they provide you with insights on historic cases by attorneys and litigants, an overview of applicable state and federal laws and litigation developments and trends on December 1. Don't miss guest speaker Casey Martin, as he will discuss the PGA Tour, Inc. v. Martin case. Read More.

Public Comments Sought for Coconino County Superior Court Judicial Applicants
Seven applicants will be considered to fill the open seat Coconino County Superior Court. Voice your opinion on the judicial candidates by November 15. Read More.

Get More Business Through the Member-to-Member Referral Guide
Sign up now to advertise in Arizona Attorney's 2011 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. Request Information.

Ultimate Law Firm Marketing Makeover
Would you like to win the ultimate online marketing strategy? If you answered yes and you're a small law firm practitioner, you now have the opportunity to win a suite of online marketing services - valued at $50,000 - by entering the LexisNexis´┐Ż Ultimate Law Firm Marketing Makeover contest. Entries are accepted between now and December 13. To enter the contest, visit www.legalmarketingmakeover.com. Rules, eligibility requirements and other important contest details are available at this site.


Arizona Court of Appeals
Division One
| Division Two

October 7, 2010 - CR 08-0964 - State v. Mieg
Did the trial court err in applying a presumption of prosecutorial vindictiveness when the state pursued an indictment adding an additional charge following a mistrial? Read Opinion.

October 6, 2010 - 2 CA-SA 2010-0047 - 2 CA-SA 2010-0048 (consolidated) - Carol Ann Potter; Debra Joy Merryman v. State of Arizona
After criminal proceedings were transferred from justice court to the superior court pursuant to Rule 11.2(d), Ariz. R. Crim. P., did the respondent judge exceed her authority when she reviewed and rejected the justice court's reasonable grounds findings pursuant to Rule 11.2(c), found the defendants competent to stand trial, and remanded the matters to the justice court for trial instead of appointing mental health experts to examine the defendants and conduct proceedings in accordance with Rule 11.3 and other provisions of the rule? Read Opinion.


9th Circuit Court of Appeals

November 08, 2010 - 09-16914 - Earth Island Inst. v. Carlton
In an appeal from the district court's order denying plaintiff's motion for a preliminary injunction seeking to enjoin the U.S. Forest Service from conducting post-wildfire logging in the Plumas National Forest, the order is affirmed where: 1) the Forest Service satisfied the requirement to assess MIS habitat in the project area; and 2) the district court did not abuse its discretion in finding that the Forest Service's tree mortality guidelines were not enforceable. Read Opinion.

November 08, 2010 - 08-10167 - United States v. Schafer
Defendants' convictions and sentences arising from their operation of a medical marijuana growing operation and dispensary are affirmed where: 1) pursuant to Fed. R. Crim. P. 12, the district court could not resolve the parties' suppression issues before trial, and therefore it did not abuse its discretion when it denied defendants' request for an evidentiary hearing; 2) whether defendants were lulled into believing their marijuana operation was legal and done on the express authorization of agents who could bind the federal government necessitated a credibility determination that fell within the province of the jury; and 3) medical necessity was not a defense to manufacturing and distributing marijuana. Read Opinion.

 






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