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?
Yes. Read Op. 10-03
Valdemar A. Cordova was a legal legend, a Hispanic leader, and one of the state's most distinguished lawyers. Read More.
Young Lawyer Divisions Bring Smiles to Disadvantaged Children
Attorneys from the Young Lawyers Divisions in Maricopa and Pima Counties brought smiles to nearly 400 disadvantaged children at their annual holiday parties held in Phoenix and Tucson. Read More.
Lawyers Cleared From Accountability for Identity Theft
Lawyers will not have to comply with the so-called Red Flags Rule, which would have imposed potentially burdensome requirements on them to develop programs to protect consumers against identity theft. Read More.
Record-Setting Madoff Settlement Announced with Picower Estate
The trustee for Bernard L. Madoff Investment Securities (BLMIS) and the U.S. attorney's office in Manhattan have announced a settlement with the estate of Jeffry Picower, the philanthropist and Madoff investor who died in October 2009. The New York Times reports that the settlement will be the largest civil forfeiture payment in U.S. history. Read More.
Two Judges Earn Public Admonishments for Behavior
One judge's crude comments and another judge's reckless driving prompted disciplinary actions by the Commission on Judicial Performance. Read More.
Supreme Court Orders Six-month Suspension for Jeffrey Phillips of Phillips & Associates
The Supreme Court of Arizona today ordered that Jeffrey Phillips, Managing Attorney at Phillips & Associates, be suspended from the practice of law for six months. Read More.
State Bar Closed on Christmas Eve
Members and the public are encouraged to handle Bar-related business prior to Christmas Eve, this Friday. Both the Phoenix and Tucson offices will be closed on Friday, December 24, 2010 and will resume regular office hours on Monday, December 27, 2010.
Need a Last Minute Business Expense? Pay Your Dues Before Dec. 31.
There's still time to pay your dues online before the end of the 2010 tax year. To expedite this process, visit our website at www.myazbar.org/fees.
Vacancy - Commission on Appellate Court Appointments
The State Bar's Appointments Committee is seeking applications - deadline January 12th - to fill one unexpected opening on the Commission on Appellate Court Appointments. The vacancy is due to a recent resignation. Click here for candidate criteria and application.
Arizona Attorney Magazine Launches Online Career Center
The State Bar of Arizona has created a new online job board, Arizona Attorney Career Center, to help members along their career paths and to help member firms find the best pool of applicants for all of the open positions in their law offices. To enter the new Arizona Attorney Career Center, please click here.
Arizona Attorney Chronicles the Legacy of Valdemar A. Cordova
The story of legal legend Valdemar A. Cordova is told colorfully in the December edition of Arizona Attorney magazine. It relates how a quiet and intelligent individual transformed from a young man known as "Baldy" into the first Hispanic federal district court judge in Arizona. Read More.
President Honors Wills for Heroes Volunteers
Eighteen of Arizona's lawyers received the President's Volunteer Service Award in a special presentation at the Arizona Foundation for Legal Services & Education on Dec. 9, 2010. The award was presented by the President's Council on Service and Civic Participation, "in recognition and appreciation of their commitment to strengthening our Nation and for making a difference through volunteer service." Read More.
Public Notice for Commission on Appellate Court Appointments
The Commission on Appellate Court Appointments will meet at 9:00 a.m. on December 29, 2010, to address questions about nominations for the Arizona Independent Redistricting Commission as stated in a letter to the Commission from House Speaker Kirk Adams and Senate President-Elect Russell Pearce dated December 10, 2010. Read More.
Clearing the Air: Clean Air, Climate Change and Sustainability in Arizona
Join the Center for Law, Science & Innovation at Arizona State University and the State Bar of Arizona as they host this conference that will feature leading experts in proposing practical solutions to the evolving legal, scientific and policy dimensions of these environmental problems. Read More.
ADOI will Hold Meetings to Address Health Insurance Premiums for Individuals and Small Employers
The Arizona Department of Insurance has received a grant from the U.S. Department of Health & Human Services to increase public awareness and information about health insurance premiums for individuals and small employers. Sole practitioners and small firms may benefit from the information that will be presented at one of three meetings that will be held throughout Arizona in January. Click here for the meeting notice and grant program details.
Extended Deadline: Join the Bar Flys at the 2011 P.F. Chang's Rock 'n' Roll Marathon
The "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.
Arizona Court of Appeals
Division One | Division Two
October 28, 2010 - SA 09-0212 - Romley v. Hon. Daughton/Board
1. Whether the County Board of Supervisors, believing the County Attorney has conflicts of interests in representing the Board, may on its own initiative lawfully employ outside counsel to advise it about such conflicts? 2. Whether and under what conditions may the Board hire counsel other than the County Attorney to represent the County in civil legal matters. Read Opinion.
December 14, 2010 - 2 CA-CR 2010-0052 - State of Arizona v. James Charles Ray
Did the trial court lack authority under A.R.S. � 13-1709 and A.R.S. � 13-804 to require appellant, following his conviction for two counts of reckless burning, to reimburse various state and federal agencies for emergency response expenses the agencies incurred in battling a fire appellant had started? If not, did the trial court violate appellant's right to due process by ordering him to pay these expenses when sentencing him? Read Opinion.
9th Circuit Court of Appeals
December 20, 2010 - 08-35531 - Daniels-Hall v. National Education Association
In an ERISA action by members of the National Education Association (NEA) claiming that the NEA knowingly duped them into purchasing unattractive annuities by creating an atmosphere of trust and confidence that was exploited by defendants for their financial gain, the dismissal of the complaint is affirmed where: 1) a marketing plan designed to build brand loyalty is not, under any reasonable definition of the term, a retirement plan; 2) the lack of governmental funding, when considered in light of the necessary governmental involvement in establishing and maintaining section 403(b) plans, did not prevent these plans from falling within the "governmental plan" exemption; and 3) insofar as the "plan" in the complaint referred to the school districts' section 403(b) annuity plans, plaintiffs failed to state a claim upon which relief can be granted. Read Opinion.
December 16, 2010 - 09-17625 - Balsam v. Tucows Inc.
In an action bringing claims against the registrar of a domain site that bombarded plaintiff with more than 1,000 unwanted emails advertising a pornographic website, the dismissal of the action is affirmed where plaintiff was not an intended third-party beneficiary of an agreement between the registrar and the Internet Corporation for Assigned Names and Numbers. Read Opinion.