Q: What should I call a non-refundable fee that will entitle the client to a certain number of hours of my work before I shift to billing at an hourly rate?

A: A "minimum fee." Read Op. 10-03.

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

Uncommon Criminals
Should veterans who are defendants have a specialized court? Some Arizona lawyers say yes. Read More.


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State Bar of Arizona

Governor Announces Appointment of Robert Brutinel to the Arizona Supreme Court
Brewer said Monday she is appointing Robert Brutinel to fill an open spot created by the retirement of Justice Michael Ryan. Read More.

Girl Scouts of Arizona's World Awards Recognize Otis and Perry Grimwood
Attorneys Erin Otis of the Maricopa County Attorney's Office and Helen Perry Grimwood of Grimwood Law and past president of the State Bar of Arizona's Board of Governors will be recognized by the Girls Scouts of Arizona at the World Awards. The World Awards recognizes Arizona Girl Scout alumnae and current Girl Scouts who exemplify the Girl Scout Promise and Law. Read More.

Camp Likely Faces Less Than Year in Jail
U.S. District Senior Judge Jack T. Camp entered guilty pleas Friday to a federal drug felony and two misdemeanors associated with his arrest last month after a string of liaisons with a stripper and prostitute who also was a convicted drug felon and a confidential informant for the FBI. Read More.

World Trade Center Settlement Gets Backing Needed to Take Effect
Enough plaintiffs have accepted a massive settlement of claims alleging respiratory and other health problems from the post-9/11 response and cleanup at the World Trade Center site to seal the deal. Read More.

State Bar of Arizona Unveils Newly Upgraded and Updated Website
People in Arizona have a new and improved way to learn how to hire a lawyer and navigate the legal system. The State Bar of Arizona has launched an updated version of its website azbar.org. Visitors will find resources which can help them in ways ranging from finding a lawyer to understanding wills and trusts. View Site.

Processing Your Annual Fee Statement Has Never Been Easier
This year, as in years past, your entire annual fee statement can be completed, reviewed and submitted online. You can use a credit card or E-check to easily make your payment through the Bar's secure website by clicking here. Using this technology reduces association costs and improves accuracy, all while ensuring the privacy of your transaction.

Campaign to Create Veterans Court the Focus of Arizona Attorney
Prolonged and intense combat have increased the severity of harm done to U.S. soldiers, and the November issue of Arizona Attorney magazine features stories that explore how lawyers and judges are assisting those who have served in harm's way. Read More.

Federal Trade Commission Broadens Attorney Exemption in Its New Rule on Mortgage Assistance Relief Services
The final "Mortgage Assistance Relief Services" (MARS) Rule issued by the Federal Trade Commission last Friday includes a broad exemption for lawyers engaged in the practice of law. Read statement issued by ABA President Steven Zack here. Read the full text of the final rule and the FTC's detailed commentary and explanation of the rule are available here.

New Discipline Changes Create Need for Volunteers
The Arizona Supreme Court will enact significant changes to the attorney discipline system, effective January 1, 2011. The changes include the establishment of the Attorney Discipline Probable Cause Committee and hearing panels; and utilization of volunteer settlement officers. The Court is seeking applications from attorneys and members of the public to serve as volunteer members of the Committee, hearing panels and as settlement officers. Read More.

State Bar of Arizona Gears Up to Publish 2011 Expert Witness Guide
The guide is a free resource to help attorneys who are seeking experts to assist with complicated cases. Community organizations will find the guide helpful when trying to find speakers to explain complex issues. In addition, the guide will benefit reporters when seeking experts to interview for crime and court stories. Read More.

Centennial Celebration of AZ Constitutional Convention
One hundred years ago, delegates convened for Arizona's Constitutional Convention. Join community leaders to celebrate this momentous event with an afternoon discussion about the convention, its delegates, and the development of our state's constitution. Read More.

ABA Technology Show Bringing Lawyers & Technology Together
As a member of State Bar of Arizona, we want to make you aware of ABA TECHSHOW and the substantial discount we can provide you on registration. The standard registration for ABA TECHSHOW costs $1,025, but our discount automatically decreases the price to $875. If you register before the February 25 early bird deadline, you will receive an additional discount of $200 - all for a low cost of $675! Simply download this registration form and include this unique Event Promoter Discount Code, EP1122, to receive the rate.

Judicial Nominating Commissions
Apply by November 29th to serve on the Arizona Commission on Appellate Court Appointments, or the Maricopa or Pima County Commissions on Trial Court Appointments. Read More.

Get More Business Through the Member-to-Member Referral Guide
Sign up now to advertise in Arizona Attorney's 2011 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. Request Information.

Arizona Court of Appeals
Division One
| Division Two

November 18, 2010 - JV 10-0044 - Kenneth B. v. Tina B.
May a court grant a petition to terminate a parent's rights based on abandonment, pursuant to Arizona Revised Statutes sections 8-533(B)(1) and -531(1), only if it finds that he parent has intentionally relinquished her rights or "has made only minimal efforts to support and communicate with the child?" Read Opinion.

October 28, 2010 - 2 CA-CR 2010-0093 - State of Arizona v. Lando Onassis Ahumada
Pursuant to a consensual pat-down search, does the Fourth Amendment authorize a law enforcement officer to seize an object from a suspect's pocket that the officer has probable cause to believe is drugs based on the object's plain feel and the totality of the circumstances? Read Opinion.

9th Circuit Court of Appeals

November 22, 2010 - 10-35037 - D.N. v. US
In a tax refund action involving funds paid from deceased father's 401(k) retirement account to plaintiff-son because mother, the primary beneficiary, was ineligible under Oregon law to receive them because she was the "slayer" of plaintiff's father, summary judgment for the IRS is affirmed where plaintiff was the distributee of the funds, not his mother, and thus plaintiff was properly liable for the tax. Read Opinion.

November 22, 2010 - 09-99011 - Gollehon v. Mahoney
In a capital habeas matter, the denial of petitioner's petition is affirmed where: 1) Montana's accountability statutes, together with the deliberate homicide statute, made it "reasonably clear at the relevant time" that petitioner's conduct would subject him to the death penalty; and 2) prior decisions also gave petitioner reasonable warning that aiding and abetting a deliberate homicide would subject him to the death penalty. Read Opinion.


Upcoming CLE programs
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