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.

Why So Strict?
Strict products liability law has shifted - perhaps too far, our authors say. Read more.


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State Bar of Arizona

Justice Department Calls for Probe of Federal Sentencing Patterns
During the past four years, federal judges imposed sentences of one to four years on five defendants in the AIG fraud case that caused more than $500 million in losses; 25 years on Ronald Treadwell for a Ponzi scheme involving a $40 million loss; and 3 1/2 years on former Impath Inc. President Richard Adelson for a $50 million securities fraud. Read more.

NBC's Guthrie: A Case Study In New News Norms
The story of NBC's Savannah Guthrie illustrates the new complexities that surround the modern network TV-news journalist. After a relatively short stint as a correspondent, Guthrie has emerged as a rising star. She's one of NBC's primary White House correspondents, appearing on its most popular news programs; she's also the co-host of a weekday-morning political show, The Daily Rundown, on the network's cable sister station, MSNBC. Read more.

Is Adding a Second Tier for Law Firm Associates a Good Thing?
With revenues down and collection times up, the number of law firms that are starting to consider the benefits of a two-tiered approach to associate attorneys is growing rapidly. Firms are finding that a two-tiered associate structure can be an efficient profit model in that the second tier of "nonpartnership track associates" are paid sometimes as much as 50 percent less than the first tier of "traditional associates," but may be billed to clients with rates that are only 25 to 30 percent less than those of the traditional associates. In other words, if a nonpartnership track associate bills 1,800 hours, the firm makes a larger profit and the clients pay less money than if a traditional associate were to bill the same number of hours. Read more.

Applications Being Accepted for Vacancy on Arizona Supreme Court
Applications are being accepted for a vacancy created on the Arizona Supreme Court when Justice Michael D. Ryan retires on August 6. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees to Governor Jan Brewer. Read more.

Lawyers on Call Seeks Volunteers for August Phone Bank
The State Bar's Lawyers On Call public service program is seeking volunteer attorneys for its August 3 phone bank that will address "Employment Law and Wrongful Termination" issues. Contact Alberto Rodriguez for more information or if you would like to volunteer. Read more.

State Bar Releases Five-Year Vision
The State Bar of Arizona is an organization whose priorities, objectives and aspirations rest on a firm foundation of our service mission. As we set forth our Strategic Priorities for the next five years, we do so mindful of the State Bar's remarkable history of service to Arizona. Click Here.

Summer Law Camp Gets Rave Reviews From Participants
More than 40 students representing 35 Phoenix-area schools participated in a two-day summer law camp hosted by the State Bar of Arizona as part of its Diversity Pipeline Program. The Phoenix School of Law and the Arizona Foundation for Legal Services & Education collaborated with the State Bar on the event, which was held on June 25 - 26 at the Sunnyslope Apostolic Church located in north central Phoenix. The church donated water and use of its facilities for the event. Read more.

Promote Your Services in the First Annual ADR/Mediation Guide
Sign up now to advertise in Arizona Attorney's 2010 ADR/Mediation Guide. It can help bring you new business through referrals from other attorneys. Contact Kate Cortez to request more information.

September Arizona Attorney Classifieds Online
If you would like to access the Arizona Attorney ads 4 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

July 8, 2010 - CV 09-0300 - Clusaiu v. Clusaiu
Is a small claims judgment in favor of plaintiff on a claim for breach of contract entitled to collateral estoppel effect in a subsequent action in superior Court? Read opinion.

June 4, 2010 - 2 CA-CR 2009-0111 - State of Arizona v. Jeffrey Lee Hinden
Does the definition of fenced commercial yard in A.R.S. � 13-1501(4) require the property to be currently used for business purposes? Read opinion.

9th Circuit Court of Appeals

July 16, 2010 - No. 09-15522 - Thomas v. Ponder
In an action seeking to establish that prison officials violated plaintiff's Eighth Amendment rights by denying him outdoor exercise for 13 months and 25 days while he was in a maximum security housing unit, summary judgment for defendants is reversed where:
1) as a matter of law, the serious risk to plaintiff's health posed by this extended deprivation of a basic human necessity was "obvious" to the prison officials; and
2) a material factual issue exists as to whether the prison officials' actions were reasonable, in light of plaintiff's limited disciplinary record, the security conditions at the prison for the last 11 of the 14 months that plaintiff was deprived of exercise, and prison officials' willingness to allow plaintiff to resume the regular course of exercise upon signing the formal pledge form. Read opinion.

July 16, 2010 - No. 08-60037- In re: Penrod
In a creditor's appeal from the district court's affirmance of the bankruptcy court's holding that a creditor did not have a purchase money security interest in the portion of the debtor's loan related to negative equity charges, the order is affirmed where a creditor does not have a purchase money security interest in the "negative equity" of a vehicle traded in at the time of a new vehicle purchase. Read opinion.

Polsinelli Shughart Attorney Gregorio Garcia Elected to Greater Phoenix Chamber of Commerce Board of Directors
The Greater Phoenix Chamber of Commerce (GPCC) elected Polsinelli Shughart PC attorney Gregorio M. Garcia to its board of directors. The GPCC is Arizona's oldest and largest organization serving 3100 businesses in the Greater Phoenix area. Garcia is deeply committed to the Phoenix community and currently serves on the Greater Phoenix Chamber of Commerce's Hispanic Business Council and as a commissioner on the Arizona Biomedical Research Commission. Read more.

The D-backs welcome all AZ State Bar Members, family and friends to enjoy specially discounted games through the ease of our brand new D-backs Ticket Dugout. Grab your glove and don't miss these exciting July & August games as the D-backs continue 2010 season. Special Offer.


2011 CLE by the Sea

Upcoming CLE programs
Read more.

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