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.



History Ablaze
A remarkable tale about a lawyer who served as a delegate to Arizona's 1910 constitutional convention. Read More.






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State Bar of Arizona



The Hero Behind Wills for Heroes�
Through the Wills for Heroes � program, volunteer lawyers create free wills, living wills and other estate planning documents for Arizona's emergency first responders: police officers, firefighters, corrections officers and paramedics. After four years in Arizona, the program that is administered by the Foundation for Legal Services & Education has provided almost 5,000 free wills and estate planning documents to first responders across Arizona. Read More.



Disbarment Possible in Thomas Ethics Case
An investigator hired to examine the ethical conduct of former Maricopa County Attorney Andrew Thomas and former deputy county attorney Lisa Aubuchon has recommended disbarment of the lawyers, alleging serious ethical and criminal misconduct. Read More.

Judge Denies WikiLeaks Founder Julian Assange Bail
A British judge jailed WikiLeaks founder Julian Assange on Tuesday, ordering the leader of secret-spilling website behind bars as his organization's finances came under increasing pressure. Read More.


State Bar Limits Hours of Operation This Friday
Members and the public are encouraged to handle Bar-related business prior to its temporary holiday closing this Friday. Both the Phoenix and Tucson offices will close at 1 p.m. on Friday, December 11, 2010 and will resume regular office hours on Monday, December 13, 2010.

Veterans May Be Eligible for Bar Exam Reimbursement
The Supreme Court of Arizona has been certified to reimburse veterans who took the Arizona Bar Examination from July 2009 to now. For more information on the reimbursement program, click here.

State Bar of Arizona Continues to Upgrade Newly Designed Website
The State Bar is taking steps toward providing its members and communities across Arizona with comprehensive legal information through its newly designed website. Visitors will find resources which can help them in ways ranging from finding a lawyer to understanding wills and trusts. If you haven't visited azbar.org within the past two weeks, you'll be pleasantly surprised to find many new upgrades. You are encouraged to navigate through it and tell us what you think! Feedback can be sent directly to Rick DeBruhl, Chief Communications officer.

Arizona's Constitutional Delegate the Focus of an Arizona Attorney Feature Story
The December issue of Arizona Attorney Magazine provides a unique view into the creation of Arizona's Constitution 100 years ago this month. Read More.

Bar Issues Statement: Clarifies Role in the Medical Marijuana Law
John Phelps, Executive Director of the State Bar of Arizona, released a statement regarding the Bar's role in Arizona's newly passed medical marijuana law and its implications for the legal community. Read More.

Extended Deadline: Join the Bar Flys at the 2011 P.F. Chang's Rock 'n' Roll Marathon
TThe "Get Fit" Registration has traditionally closed December 15th but has been extended to JANUARY 9th! Bar members still have a chance to register with the Bar Flys and get 25% of their registration subsidized. Read More.

ACTION ALERT: Proposed Revisions to the Criminal Jury Instructions
The Criminal Jury Instructions Committee has completed revisions to the Criminal Jury Instructions and will be seeking approval of the instructions from the State Bar Board of Governors. The revisions include new and revised instructions based on legislation passed during the last Arizona legislative session and as a result of suggestions from lawyers and judicial officers. Click here to see the revisions and the current version for comparison. Your input is important and if you wish to comment, please do so no later than February 4, 2011, to Kathleen.Lundgren@staff.azbar.org.

New Discipline Changes Create Need for Volunteers
The Arizona Supreme Court will enact 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.


Arizona Court of Appeals
Division One
| Division Two

December 2, 2010 - CV 09-0645 - Cristall v. Cristall
Did the trial court err by finding the judgment creditor's affidavits of renewal of judgment filed in May 2002 and April 2007 were timely, when the affidavit was filed within 90 days preceding the expiration of 5 years from the May 1997 judgment, rather than calendaring from the date of entry of the creditor's initial filing of the judgment in December 1996? Read Opinion.

October 28, 2010 - 2 CA-CR 2010-0004 - State of Arizona v. Nathan Douglas Kinney
Did officers illegally detain defendant when they no longer had reasonable suspicion that he was wanted in connection with an arrest warrant? If so, were defendant's subsequent statements tainted by the illegal detention, and if they were, did the trial court commit fundamental error in admitting the statements? If it did, was there sufficient evidence to sustain the conviction in the absence of the statements? Read Opinion.


9th Circuit Court of Appeals

December 07, 2010 - 09-35531 - Wild Fish Conservancy v. Salazar
In a challenge to a Fish and Wildlife Service (FWS) biological opinion addressing the effects of the operations of the Leavenworth National Fish Hatchery on the bull trout, summary judgment for the FWS is reversed where the FWS in several respects failed to articulate a rational connection between the facts found and the "no jeopardy" conclusion. Read Opinion.

December 7, 2010 - 07-30241 - US v. Lopez-Velasquez
In a prosecution for illegal reentry, the dismissal of the indictment is reversed where an immigration judge's (IJ) duty was limited to informing an alien of a reasonable possibility that the alien is eligible for relief at the time of the hearing, and the IJ who presided over defendant's deportation fulfilled that duty. Read Opinion.

 






Upcoming CLE programs
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