What should I call a non-refundable fee that will entitle the client to a certain number of hours of my work before I shift to billing at an hourly rate?
A "minimum fee." Read Op. 10-03
New Evidence Standard
In May, Arizona became a Daubert jurisdiction rather than a Frye jurisdiction. Here's what that means.
Attorneys Using Social Media to Boost Their Law Practices
Lawyers may be latecomers to the social media party, but those who are using it for networking, branding and business development say the benefits trump the potential dangers. Read more.
Could Proposition 8 Case Fizzle Before Reaching Supreme Court?
The high-profile battle over California's Proposition 8 has been touted as the case that could force the Supreme Court to face the issue of same-sex marriage. But now that Judge Vaughn Walker has decided that Prop 8, which banned same-sex marriage in California, is unconstitutional, the possibility is real that the case might never make it on appeal all the way to the Supreme Court. Read more.
In Third Trial, Blogger Found Guilty of Threatening 7th Circuit Judges
A Brooklyn federal jury has found blogger and Internet-radio shock jock Harold "Hal" Turner guilty of threatening to kill three judges from the 7th U.S. Circuit Court of Appeals. Read more.
Osborn Maledon's Backpack Project Benefits 31 Children at Homeward Bound
For over 20 years, Osborn Maledon has been involved in sponsoring and working with Homeward Bound families. This year, their backpack project provided students in the Homeward Bound families with backpacks filled with back to school essentials. Read more.
File MCLE Affidavits Before Sept. 15 Deadline
The deadline to file 2009-10 MCLE affidavits is September 15, 2010. Members may submit affidavits online or download a Word document. The September edition of Arizona Attorney will include a blank affidavit form. Click Here.
2010 Economics of Law Practice in Arizona Report Now Available for Purchase
The report helps with the difficult task of managing operation of a law firm including keeping current on salaries for associates and support staff, hourly billing rates and overhead expenses. Read More.
Several Volunteer Positions Available Throughout the Valley
Apply by either September 1st or the 8th to serve on Scottsdale's Judicial Appointments Advisory Board (must reside in Scottsdale), the State Bar's Conflict Case Committee, or the Supreme Court's Character and Fitness or Examinations Committee. Read More.
Lawyers on Call Seeks Volunteers for September Phone Bank
The State Bar's Lawyers On Call public service program is seeking volunteer attorneys for its September 7 phone bank that will address "Divorce and Child Support" issues. Contact Alberto Rodriguez for more information or if you would like to volunteer. Read More.
Coming Soon: Annual Worker's Compensation CLE Program in Flagstaff, AZ
The annual Worker's Compensation CLE Program will be held from Sept. 15-17 at the Little American Hotel in Flagstaff, AZ. Make sure to register today, for the program that may qualify you for 15 hours of MCLE or Worker's Compensation Specialization credit. Read More.
Volunteers Needed for Maricopa County Courthouse Experience
Courthouse Experience is a unique school field trip program sponsored by the Superior Court in Maricopa County and has been successful for over 19 years because of area attorneys like you who volunteer time and knowledge to give students a firsthand look at our judicial system. Click Here.
Attorney Suspended After Petition for Review is Denied
The Supreme Court of Arizona has ordered that Harriet K. Hemerling be suspended from the practice of law for one year, after denying her petition for review. Read More.
Save the Date: NABA-AZ's Annual Dinner
At this year's annual dinner, the Native American Bar Assocation-AZ will be honoring individuals for their commitment to promoting legal issues important to Native Americans in the State of Arizona. We have the distinguished pleasure of recognizing the Honorable William C. Canby Jr., a judge on the Ninth Circuit Court of Appeals with a Lifetime Achievement Award. More Information.
Building Your Connections 2010 - November 4, 2010
A repeat performance of last year's popular networking event. The Arizona Society of CPAs and the Risk Management Association of Arizona join us in sponsoring this event. Read More.
Arizona Court of Appeals
Division One | Division Two
August 3, 2010 - CV 09-0690 - Ruiz v. Lopez
Does the lack of Rule 55(a)(1)(i) notice of entry of default render the resulting default judgment void or voidable? Read Opinion.
July 30, 2010 - 2 CA-CV 2009-0185 - Robinson v. Kay
Does the Court of Appeals have jurisdiction over an appeal from an order certified by the trial court as a final judgment pursuant to Rule 54(b), Ariz. R. Civ. P., when the order disposes of only one of two legal theories supporting a single claim for relief? Read Opinion.
9th Circuit Court of Appeals
August 16, 2010 - 09-15684 - FTC v. Network Servs. Depot, Inc.
In an action by the FTC against defendants for making material misrepresentations and engaging in deceptive business practices in violation of Section 5(a) of the Federal Trade Commission Act, judgment for plaintiff is affirmed where:
1) the facts led only to the conclusion that defendants had actual knowledge that at least some of their company's representations were false and potentially misleading; and
2) the district court did not commit reversible error by imposing a constructive trust upon $238,300 in fees that defendant paid to defense counsel. Read Opinion.
August 16, 2010 - 08-15903 - Hawn v. Exec. Jet Mgmt., Inc.
In an action by flight attendants who were dismissed for sexual harassment, alleging discrimination on the basis of race, sex and national origin in violation of Title VII, summary judgment for defendant is affirmed where:
1) the district court did not err by focusing on the inference of discrimination that was central to plaintiffs' case; and
2) even assuming the female flight attendants reported to the same supervisor as plaintiffs, the two groups were not similarly situated because the female employees' alleged conduct was not unwelcome and never resulted in a complaint. Read Opinion.