Q: Can an overdue client account be sent to a collection agency?

A: Yes, as long as the lawyer only discloses the minimum amount of information necessary for the agency to collect the debt and the client has been advised of the possible use of the agency, by agreeing to such terms in the fee agreement. The fee agreement also may charge reasonable interest charges and pass through the expenses of the collection agency, if disclosed in the written fee agreement.
See Ariz. Op. 00-07 for more information

The Inside Story: Juries Must Make the Death Decision
The U.S. Supreme Court ruled this month that juries, not judges, must
decide death sentences. Now read the words of the Arizona lawyers who
argued the case of Ring v. Arizona.

Learn how to meet and greet people and not turn them away by how you introduce yourself.

Editor's Note
RE: eLegal Content

In the last issue of eLegal we linked to a newspaper article that discussed the upcoming election for Arizona Attorney General. As you are probably aware, the State Bar of Arizona does not, and will not, endorse any candidates for public office, including those running for Attorney General. The aforementioned article in no way was intended as an endorsement of any candidate. In order to take strong measures to avoid even the appearance of political bias, however, eLegal will refrain from including any news stories about the upcoming elections.

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Supreme Court Rules Juries, not Judges, Decide Death Sentences
Read the story...

Clean Elections funds illegal
A state court said that the financial muscle driving Arizona's new system of publicly funding elections is unconstitutional, potentially wreaking havoc in a campaign season where most candidates have turned their backs on traditional fund-raising.
Read the story...

Read the Court Decision..

County court overhaul ordered
Arizona's chief justice has ordered a sweeping overhaul of Maricopa County's municipal and justice court system, which has been plagued for years by incompetence, lost cases and uncollected fines.
Read the story...

Read the Court's letter

13 judges fired in shakeup of courts
Read the story...

Pro Hac Vice Rule Changes Effective September 1
Rule 33 (d), Arizona Rules of the Supreme Court, governs appearances pro hac vice in Arizona.
Read the Court Order

ABA Honors Tucson Lawyer Luis Ochoa with 2002 Pro Bono Publico Award
Tucson lawyer Luis A. Ochoa will receive a 2002 American Bar Association Pro Bono Publico Award during a noon luncheon on Aug. 12, at the Omni Shoreham Hotel in Washington, D.C., during the ABA Annual Meeting. Read more...

New Bar Task Force Assists Persons with Disabilities in Legal Profession.
The State Bar Board of Governors has created the Task Force on Persons with Disabilities in the Legal Profession, one of the first such groups ever created by a State Bar nationwide.

Arizona Court of Appeals - Division One

June 20, 2002 - CV 01-0392 - Steer v. Eggleston
May the superior court allocate attorneys' fees for a partnership derivative suit from an arbitration award during confirmation? May the appellate court award attorneys' fees on appeal pursuant to A.R.S. � 12-1514?

June 4, 2002 - CR 01-0350 - State v. Martinez
Does the burden shifting provision of A.R.S. � 13-205(A) apply to the defense of justification-crime prevention under � 13-411(A) when considered in light of the exemption in � 13-205(B) that pertains to the presumption under � 13-411(C)?

9th Circuit Court of Appeals

June 20, 2002 - No. 00-70635 - Alcarez-Garcia v. Ashcroft
An individual who was present and working in the U.S. for nine months out of the year, for eight years, over a nine-year period, did establish residence for that nine-year period under section 201 of the Nationalty Act of 1940.

June 19, 2002 - No. 00-56217 - Cairns v. Franklin Mint Co.
In a claim based on the use of Princess Diana's name and likeness on commercial items, denial of a post-mortem right of publicity claim was proper, because the governing law of Great Britain does not recognize such a right; permissible, nominative fair use of a likeness cannot support a false endorsement claim.