Q: If I charge my client a non-refundable fee that will entitle the client to a certain number of hours of my work, may I then also charge the client an hourly rate after I have exhausted the agreed-upon number of hours?

A: Yes, but you must discuss the changed circumstances with the client. Read Op. 10-03.

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

Trust & Service
Our profile of incoming State Bar President Alan Bayham Jr. Read more.


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Copyright 2010
State Bar of Arizona

5th Circuit to Hear First Major Test of Supreme Court's Affirmative Action Ruling
Today brings an appellate argument in the first major test of the U.S. Supreme Court's 2003 ruling that allowed colleges and universities to keep using race as part of their admissions criteria, and Wiley Rein founder Bert Rein will be front and center at the 5th U.S. Circuit Court of Appeals. Read more.

Financial Reform Keeps Law Firm Banking and Securities Practices Busy
Regulations for the recently enacted financial reform law are months away, but law firms with strong financial services practices are rolling out the welcome mat for client conferences and filling their calendars with client meetings. Read more.

The BP Mess: Judging Judges' Impartiality
Are you tired of hearing about the botched handling of the oil spill cleanup in the Gulf Coast? How about the related lawsuit, pitting the Obama administration and environmental groups against the oil industry and its workers, in which a federal judge enjoined the government's moratorium on offshore drilling operations? Well, unfortunately, this bungled affair will be front page news for a while. But we, here, suggest a different take on things. 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.

Volunteer Lawyers Will Answer Viewers' Calls On Employment Laws
The State Bar's Lawyers On Call public service program will address "Employment Law and Wrongful Termination" issues this evening from 5 to 7 p.m. Make sure to tune-in and watch your colleagues on 12 News. Contact Alberto Rodriguez for more information. Read more.

State Bar Seeks Volunteers for Study on Attorney Well-Being. Please Respond by August 10
The State Bar of Arizona is supporting an attorney wellness study. The results of this study will be used to enhance and improve bar services and benefits. Read More.

The Phoenix School of Law Has Named Its New Dean
Shirley Mays, formerly an Associate Dean and Associate Professor at Capital University Law School in Columbus, Ohio joins The Phoenix School of Law as Dean. More information.

Volunteers Sought for a Variety of Positions
Apply by either September 1st or the 8th to serve on Scottsdale's Judicial Appointments Advisory Board (must reside in Scottsdale), the State Bar's Conflict Case Committee, or the Supreme Court's Character and Fitness or Examinations Committee. Read More.

Coming Soon: Annual Workers' Compensation CLE Program in Flagstaff, AZ
The annual Worker's Compensation CLE Program will be held from Sept. 15-17 at the Little American Hotel in Flagstaff, AZ. Make sure to register today, for the program that may qualify you for 15 hours of MCLE or Worker's Compensation Specialization credit. Read More.

File MCLE Affidavits Before Sept. 15 Deadline
The deadline to file 2009-10 MCLE affidavits is September 15, 2010. Members may submit affidavits online or download a Word document. The September edition of Arizona Attorney will include a blank affidavit form. Click Here.

Remembering Former Justice Corcoran
Retired Arizona Supreme Court Justice Robert James Corcoran died on July 27, 2010 in Phoenix, Arizona at the age of 76. Born in Queens, New York to John Joseph Corcoran and Sarah (Slattery) Corcoran, Bob earned a Bachelor of Arts degree in History from Iona College in 1954 and his juris doctorate from Fordham University in 1957. Read More.

Former Chief Justice Holohan Remembered
William A. "Bill" Holohan passed away peacefully on July 23, 2010, with his family at his bedside. Bill died of complications following surgery. He was 82 and resided most recently in Peoria. Bill was born in Tucson on June 1, 1928, the only child of Andrew Holohan and Dorothy Bennett Holohan, a member of the Bennett Arizona Pioneer family. Read More.

Attorneys Ordered to Comply With Interim Suspension During State Bar Investigation
In an effort to protect public interest, the State Bar of Arizona filed motions for interim suspension against Rosemary Stathakis Cook and Katharine L. Roberts. In both cases, the Supreme Court of Arizona granted the motions and has ordered that Cook and Roberts be suspended from the practice of law while the State Bar investigates allegations of professional misconduct. Read More.

Save the Date: NABA-AZ's Annual Dinner
This year's annual dinner, NABA-AZ will be honoring individuals for their commitment to promoting legal issues important to Native Americans in the State of Arizona. We have the distinguished pleasure of recognizing the Honorable William C. Canby Jr., a judge on the Ninth Circuit Court of Appeals with a Lifetime Achievement Award. More Information.

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 Information.

A Champion of Champions
When we think of everyday heroes, the first that tend to come to mind are local police officers and firefighters. Agreeably, they risk their lives on a daily basis, as they fearlessly protect our communities and keep our families safe. But it's important to delve deeper. To think about the "other" unsung heroes that are committing their time, energy, experience and vision - for free. Read more.

Arizona Court of Appeals
Division One
| Division Two

July 13, 2010 - CV 09-0017 - McReynolds v. American Commerce
May an insurer meet its duty to equally consider settlement offers, when presented with multiple claims in excess of policy limits, by promptly and in good faith interpleading its policy limits and continuing to provide a defense to its insured? Read opinion.

July 29, 2010 - 2 CA-CR 2009-0281 - State of Arizona v. Michael Quincy Hummons
When a police officer detained a defendant and subsequently obtained evidence incident to an arrest based on her discovery of an outstanding warrant, was any illegality with respect to the detention sufficiently attenuated to support the trial court's denial of the defendant's motion to suppress such evidence? Read opinion.

9th Circuit Court of Appeals

Aug. 2, 2010 - 08-35204 - Cheney v. Washington
In a habeas petition regarding petitioner's conviction for sexual abuse of a minor, claiming that petitioner was deprived of his Sixth Amendment right to effective assistance of counsel because his defense counsel failed to object properly at two points during his trial, the denial of the petition is affirmed where:
1) defense counsel could have decided not to object to a detective's testimony because it led the detective to admit not only that abuse allegations are sometimes baseless, but that his personal views were sometimes a determinative factor in the decision whether to prosecute; and
2) the state court could reasonably conclude that there was no reasonable probability of a different outcome had defense counsel made an immediate objection to the prosecutor's imprudent remarks. Read opinion.

Aug. 2, 2010 - 08-17523 - Krainski v. Nevada
In an action alleging constitutional and state law violations by a college student arising from an altercation with plaintiff's former roommate that led to plaintiff's arrest and subjection to university discipline, dismissal of the action is affirmed where:
1) the district court did not err in dismissing plaintiff's claims against defendants in their official capacities based on sovereign immunity;
2) the record did not contain any information that would create a genuine issue of material fact as to whether officers had facts sufficiently detailed to cause a reasonable person to believe a crime had been committed and that plaintiff was the perpetrator; and
3) plaintiff did not allege that defendants suspended or expelled her for her conduct, or that she was otherwise deprived of an entitlement to education conferred by the state or secured by some other independent source or understanding. Read opinion.


Upcoming CLE programs
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