Q: Can I take credit-card payments for advance fees and costs?

A: No, because those types of funds must be deposited into the trust account. If the trust account were the designated credit-card merchant account, the credit-card provider could have the ability to invade the trust account in the event of a chargeback. Read new Ethics Op. 08-01.

Murder in the Desert
Notorious nationwide, a Tucson crime story is recalled by the prosecutor who was there. Read more.


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Copyright 2008
State Bar of Arizona

Prosecutor to Probe '06 Firings of U.S. Attorneys
A special prosecutor will investigate U.S. Justice Department and White House officials in the controversial 2006 firing of nine former U.S. Attorneys. Read more.

City Court Program Keeps Homeless out of Jail, in Treatment
An effort to keep homeless people out of jail for petty crimes has saved Tucson $3.8 million in jail costs since 2000, says a city magistrate. Read more.

Updated Special Report: Crisis on Wall Street
Law.com presents ongoing coverage of the financial meltdown from across the globe, with updates on the firms handling the bankruptcies and other ramifications for law firms and lawyers. Read more.

Office Space for Rent in Bar's Tucson Office
There is office space available for rent at the Bar's new Tucson office located at 270 N. Church Avenue. Read more.

Superior Court Vacancies
Applications are being accepted for two vacancies on the Maricopa County Superior Court created by the appointment of Judges Margaret Downie and Peter Swann to the Arizona Court of Appeals. Read more.

ABA Web Site Resource for Lawyers Pursuing "Encore" Careers
The legal profession is expected to lose nearly one-third of its 1.1 million lawyers within the next 10 to 15 years, but second careers, also referred to as encore careers, may lessen the blow. Read more.

Arizona Court of Appeals
Division One
| Division Two

September 16, 2008 – CR 07-0696 – State v. Valverde
Is it fundamental error to not instruct the jury regarding the defendant's burden of proof for the affirmative defense of self-defense? Read opinion.

September 22, 2008 – 2 CA-CV 2007-0135 - Estate of Lucrecia Pacheco v. Harford Fire Insurance Co.
May a surety on a conservator's bond be held liable for misappropriations by the conservator occurring prior to the issuance of the bond, based on the conservator's duty to account for and pay overfunds to the estate after the bond was issued? Read opinion.

9th Circuit Court of Appeals

September 25, 2008 - No. 06-56267 - MB Fin. Group v. US Postal Service
In a case involving a disputed post office box, dismissals of a tort and contract claim are reversed where the USPS was not immune from either claim under the Federal Tort Claims Act because plaintiff's claims did not arise from transmission of mail, but from failure to process fees and maintain a post office box. Read opinion.

September 25, 2008 – No. 06-56033 – U.S. v. Able Time, Inc.
In an suit involving allegedly counterfeit watches seized by Customs and the resulting civil penalties imposed, grant of summary judgment for defendant is reversed and remanded where: 1) the Tariff Act does not contain an identity of goods or services requirement; and 2) as a matter of law, goods imported by defendant could not be "merchandise bearing a counterfeit mark" under 19 U.S.C. section 1526(e) because the owner of the trademark in question did not at the time make the type of goods imported by defendant. Read opinion.


Fees and Fee Agreements
This three-hour seminar on fee agreements and the forms you need to make them work takes place on Thursday, Oct. 23. Read More.

The Complete Lawyer
The Brave New World of Associates

Solos know strategies associates need to learn. Read more.

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