Q: 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?

A: Yes. Read Op. 10-03.

Save time and money by expediting the creation and processing of subpoenas.

Election Campaign Financing
How will the Citizens United case affect election funding? Read more.


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Copyright 2010
State Bar of Arizona

Plaintiffs Lawyers Size Up Obstacle Course for Toyota Class Action
As plaintiffs lawyers prepare to file their consolidated class action on behalf of Toyota owners, they face an obstacle that has prevented similar claims from advancing in the past: Class members didn't suffer physical injuries. Instead, they assert that they suffered economic injuries because their vehicles lost value after recalls due to acceleration problems. In their favor: the fact that the multidistrict litigation will be heard in California, where rulings based on state consumer fraud statutes have favored plaintiffs. Read more.

FBI Warns Law Firms: Beware of E-Mail Clients (and Counterfeit 'Settlement' Checks)
After earlier reports that law firms had been scammed out of millions of dollars in counterfeit check schemes often involving e-mail clients, the FBI has issued a warning that those in the Dallas area, at least, are being targeted by several new versions of the fraud. Read more.

Another Scam Targets Lawyers: Pay My Cab Fare and I'll Return Your Package
Amid reports that law firms are being targeted in high-dollar international "settlement" check frauds comes news that at least one enterprising criminal right here in the United States is successfully scamming attorneys in a far less ambitious con. Read more.

Make Sure to Get Your MCLE Credits by June 30th
All attorneys who are required to complete MCLE requirements must have their work completed by June 30. There are still plenty of options available to you. Read more.

Eight Years in the Making - Governor Signs HB 2430
In a June 14, 2010 ceremony Governor Jan Brewer signed into law HB 2430 the Revised Uniform Arbitration Act from the 49th Legislature, Second Regular Session. Read more.

More Than 50 Students Expected at Phoenix Summer Law Camp
For the second year in a row, the State Bar of Arizona, the Foundation for Legal Services & Education and the Phoenix school of law will host the Phoenix Summer Law Camp for youngsters in grades 8 through 10. Read more.

State Bar Files Complaint Against Fraudulent "Attorney"
The State Bar of Arizona has filed a formal complaint - to cease and desist - with the Superior Court of Arizona against Robert J. Andrew for the unauthorized practice of law. Read more.

Eight Attorneys Elected to Serve on State Bar Board
Members of the State Bar of Arizona have elected eight attorneys to serve as their representatives on the Bar's Board of Governors. The Board is the governing body of the State Bar, a nonprofit association that regulates the legal profession and serves the public. Read more.

July/August Arizona Attorney Classifieds Online
If you would like to access the Arizona Attorney ads four weeks before they are published in the print magazine, then please visit //www.myazbar.org/AZAttorney/ and click on the "Online Classifieds" button in the right-hand column of the page.

Arizona Court of Appeals
Division One
| Division Two

June 17, 2010 - MH 09-0042 - In re Thomas R.
1. Is the State barred by res judicata or collateral estoppel from bringing a second SVP petition against a person in the absence of a new conviction for a sexually violent offense after a jury had found him not an SVP in 2003?
2. Did the superior court err in admitting testimony from the State's expert witnesses regarding DNA test results analyzed by a nontestifying expert? Read opinion.

June 14, 2010 - 2 CA-CR 2008-0342 - STATE OF ARIZONA v. RANDALL D. WEST
Did the trial court err in granting defendants' post-verdict motions for judgment of acquittal where the court found the evidence insufficient to sustain the jury's verdicts but did not identify any error in considering improper evidence, as required by State ex rel. Hyder v. Superior Court, 128 Ariz. 216, 624 P.2d 1264 (1981)? Read opinion.

9th Circuit Court of Appeals

June 18, 2010 - No. 08-55622- Bryan v. MacPherson
In an action asserting excessive force in violation of the Fourth Amendment based on an officer's use of a taser on plaintiff, a denial of summary judgment based on qualified immunity is affirmed in part where, viewing the circumstances in the light most favorable to plaintiff, defendant's use of the taser was unconstitutionally excessive. However, the order is reversed in part where the violation of plaintiff's constitutional rights was not clearly established at the time. Read opinion.

June 15, 2010 - No. 09-30202- US v. Gossi
In defendant's appeal from a restitution order imposed pursuant to the Mandatory Victims Restitution Act (MVRA), 18 U.S.C. section 3663A, following defendant's guilty plea to mail fraud, the order is affirmed where:
1) the district court's valuation of the property at issue was within the discretion afforded district courts; and
2) the district court correctly ordered defendant to pay restitution based on losses proximately resulting from his criminal conduct. Read opinion.


2010 CLE by the Sea

Upcoming CLE programs
Read more.

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