Q: I represent a current client in litigation. The client owes me attorney�s fees and costs for the representation. May I sue the client while continuing the representation?

A: No. Read Ethics Op. 00-03.

Dispatches from Abroad
An Arizona attorney recounts her Russian legal experience. Read more


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Copyright 2008
State Bar of Arizona

Appeals Court: Western Union Warrant Valid
Last week the Arizona Court of Appeals knocked down a lower-court decision forbidding law enforcement from seizing Western Union money transfers while investigating human-smuggling operations. Read more

Business Reaction Mixed to Legislative Session
The recently ended state legislative session didn't bring much conclusion to several high-profile proposals affecting Arizona businesses. A tax cut they sought isn't going to happen, and there will be no limits on medical-malpractice lawsuits. Read more

Next Term: A Fatter, Faster Calendar for Supreme Court
What's up for the Supreme Court's next term, which begins Oct. 6? More cases, heard more quickly, and possibly decided with more division among the justices than the term just ended. Read more

Phoenix Lawyer Named State Bar President
Attorney Edward F. Novak is the new president of the State Bar of Arizona, and will oversee the State Bar�s Board of Governors during his one-year term. Read more

Maricopa County Judicial Rotation 2008
The Maricopa County Superior Court's 2008 judicial assignments are now available. Read more

Commission to Vote on Performance of Judges
The Arizona Commission on Judicial Performance Review will meet tomorrow to vote on whether 67 justices and judges scheduled to be listed on the 2008 general election ballot meet or do not meet judicial performance standards. Read more

Arizona Court of Appeals
Division One
| Division Two

July 1, 2008 – CV 07-0178 – State v. Western Union
Does Arizona Revised Statute section 13–4302 constrain the superior court's jurisdiction to issue pre–forfeiture seizure warrants? Read opinion.

June 27, 2008 – 2 CA-CR 2007-0192 – State v. Tarkington
Whether a defendant may challenge a search on Fourth Amendment grounds based on his property interest in the item seized even though he has no legitimate expectation of privacy in the premises searched. Read opinion.

9th Circuit Court of Appeals

July 2, 2008 – No. 07–30125 – U.S. v. Warr
A sentence for wildland arson is affirmed where: 1) the district court did not err in calculating the advisory sentencing guidelines range when it included fire suppression costs in the loss calculation, resulting in an elevated total offense level; 2) the sentence was not unreasonable; and 3) although the district court erred in relying on a Bureau of Prisons' study at sentencing without notifying defendant in advance, the failure to provide notice did not constitute plain error. Read opinion.

June 26, 2008 – No. 06–30580 – U.S. v. Taylor
A sentence for armed bank robbery and bank robbery is affirmed where the district court properly: 1) considered Arizona intermediate appellate court decisions in determining whether his attempted armed robbery conviction was a categorical crime of violence under the Guidelines; and 2) determined that the Arizona and federal definitions of attempt are coextensive. Read opinion.

CLE By the Sea
There's still time to sign up, cool off, take a vacation, get a full year's CLE! Read more

The Complete Lawyer
A Sound Mind in a Sound Body
Exercise mind hygiene on a daily basis. Read more.

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