Q: Is a client still always liable for costs and expenses of litigation?

A: Costs and expenses may be contingent on the outcome of the matter. Read ER 1.8(e)(1).

"Secret" History Revealed
In this introduction to a special series of articles, Court of Appeals Judge Donn Kessler and Thom Hudson explore the long history of memoranda decisions, from 1292 to 2006. Read more.


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Copyright 2006
State Bar of Arizona

Police Seek Person Who Shot Nevada Judge
Police say a man who appeared before a judge in a divorce case may be the person who shot the judge yesterday as he stood by a third-floor courthouse window. Read more.

Court Overturns AZ Law Shielding Lawsuits From Injured Crooks
An appellate court overturned a state law that shields businesses and others from lawsuits brought on behalf of people injured while committing a crime. Read more.

U.S. Supreme Court To Consider Retroactivity Of 'Blakely'
The Supreme Court will decide whether inmates can reopen challenges to prison sentences based on the Court's ruling limiting judicial discretion in sentencing, Blakely v. Washington. Read more.

President's Message:
A Year Full of Challenges & Accomplishments
As her 12 months of service ends, State Bar President Helen Perry Grimwood takes stock of the year gone by. Read more.

Bar Convention Starts Tomorrow!
You can walk-in and register on site at the 2006 State Bar Convention, which runs Wednesday through Saturday at the Arizona Biltmore Resort and Spa. Read more.

Two Lawyers to Serve as New State Bar of Arizona Board Members
Leslie Hall and Nicole Seder Cantelme are the two newest members of the State Bar's Board of Governors. Read more.

Arizona Court of Appeals
Division One
| Division Two

June 2, 2006 – 2 CA-SA 2006-0006 – Sonoran Desert Investigations Inc., v. Hernandez
Does the nonliability provision of A.R.S. � 12-712(B) violate article XVIII, � 5 of the Arizona Constitution, which requires that the defense of contributory negligence or assumption of the risk be a question of fact left to the jury? Read opinion.

May 30, 2006 – CV 05-0271 – Brunet v. Murphy
When a statutory cause of action has not yet been filed, is an amendment to the statute that eliminates the pre-existing cause of action retroactively applied in violation of A.R.S. � 1-244 when the statute becomes effective? Read opinion.

9th Circuit Court of Appeals

June 12, 2006 – No. 04-55615 – Marder v. Lopez
Dismissal under Federal Rule of Civil Procedure 12(b)(6) of plaintiff's copyright and related claims involving the movie "Flashdance" is affirmed where: 1) a general release precluded plaintiff from asserting a copyright interest in "Flashdance"; and 2) plaintiff was barred from bringing an infringement claim against Sony and Jennifer Lopez. Read opinion.

June 9, 2006 – No. 04-10090 – US v. Scott
Probable cause is required for the warrantless search of the person or home of a pretrial releasee. A pretrial releasee's consent to any search is only valid if the search in question (taking the fact of consent into account) was reasonable. Read amended opinion.

Want to be an Ethics Millionaire?
Test your knowledge of the ethics rules at this three-hour game-show style seminar on June 27, 2006. Read more.

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