Volume 10, No. 14 | July 5, 2011

eye on ethics


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.


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Pima Prosecutor Honored
Read about Beth Anderson, who has prosecuted more than 300 felony jury trials..


Read More




member news


Generosity of Adjunct Professors Helps Fund Tuition for Law Students: The generosity of adjunct professors at the Sandra Day O’Connor College of Law at Arizona State University has rewarded a deserving law student with full in-state tuition. more»



In the news


Former IMF Chief Dominique Strauss-Kahn Freed Without Bail, But Charges Stand: Smiling faintly as he walked out of court, former IMF chief Dominique Strauss-Kahn was released from house arrest Friday after prosecutors acknowledged serious questions about the credibility of the hotel maid who accused him of sexual assault. more»


DC Firm Helps Stephen Colbert Form His Super PAC: The Federal Election Commission approved on Thursday a request by comedian and television personality Stephen Colbert to raise money from donors in advance of the 2012 presidential election. more»


from the bar


DOJ Memo on Medical Marijuana Says Prosecutions Possible: The recently released U.S. Department of Justice memo, however, does not alter the State Bar’s Ethics opinion 11-01. more»

Scam Aimed at Stealing Money from Lawyers is Surging Through Arizona Again: While the details vary, the basics remain the same. Sometimes the lawyer is contacted by someone who claims to want representation (often it involves a divorce or business settlement). At the beginning of the relationship, the lawyer is sent a check from the alleged client as a retainer. more»

2011 Regular Legislative Session Adjourns: The 2011 Regular Legislative Session adjourned sine die on Wednesday, April 20, 2011 after 100 days.  During that time, 1,350 bills were introduced along with 146 memorials and resolutions.  During the session, 386 bills passed, but 29 were vetoed for a total of 357 bills enacted. more»


Openings Still Available for Trial College

The Arizona College of Trial Advocacy is still accepting applications.  This prestigious program is limited to a select group of 48 attorneys. For more information and an application, click here.


Get Fit Challenge: Bar Flys Rev Up for 2012 Rock 'n Roll Marathon: As part of the State Bar of Arizona's Wellness Program, the State Bar has entered a team in the 2012 P.F. Chang's Arizona Rock 'n Roll Marathon and Half Marathon "Get Fit Challenge" to be held Sunday, January 15, 2012, in Phoenix, Tempe and Scottsdale. more»


Did you know? The new "For Lawyers" section on azbar.org has the same email search function for State Bar members that you’ve grown to love. Just make sure you’re logged-in and they’re right below the lawyer's name.



court decisions


Arizona Court of Appeals

Division One
| Division Two

June 28, 2011 - CR 10-0594 - State of Arizona v. Carver
In a case where the legislature amended the marital communications privilege to restrict its breadth and did not specify the amendment applied retroactively, can the court apply the amendment to court proceedings held after its effective date even though the communication and underlying facts occurred prior to the amendment? Read Opinion.

June 9, 2011 - 2 CA-CV 2010-0120 & 2 CA-CV 2010-0172 (consolidated) - Gibbs v. Gibbs
1. Did the trial court err in determining that claim preclusion barred a mother’s petition to reinstate child-support for her adult disabled daughter under A.R.S. § 25-320(E) and in finding that the adult disabled daughter was not a party to the proceeding?


2. Did the trial court abuse its discretion in ordering the father to pay half of the mother’s attorney fees and in holding him solely responsible for guardian ad litem fees incurred by daughter? Read Opinion.

9th Circuit Court of Appeals

July 5, 2011 - 10-10159 - US v. Evanston
Conviction and sentencing of defendant for assault resulting in serious bodily injury, 18 U.S.C. sections 1153 and 113(a)(6), are reversed because the order of the district court, over defense objections, permitting supplemental arguments on factual issues to a deadlock jury following an Allen charge constituted an abuse of the discretion. Read Opinion.

July 5, 2011 - 10-10293 - US v. Rahman

Plea conviction and sentencing of defendant for aggravated identity theft and fraudulent transactions with access devices, 18 U.S.C. sections 1028A and 1029(a)(5), are affirmed where defendant's appeal of district court's denial of his motion to withdraw his guilty plea fails because defendant waived appeal of the issue where: 1) the language of the plea waiver encompassed his right to appeal on the grounds raised; and 2) the waiver was knowingly and voluntarily made. Read Opinion.


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