Volume 12, No. 3 | February 5, 2013 

eye on ethics

Q:  My client agreed to pay me an earned-upon-receipt advance fee to handle their matter before they fired me.  May I keep the entire fee?

A:  You may keep the amount of the fee that is reasonable and reflects the amount of actual work you performed on the matter.  Any remainder must be refunded to the client. See, ER 1.5 and In re Swartz, 141 Ariz. 266, 686 P.2d 1236 (1984).


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Farewell, Legalese
Why do good lawyers strive not to write like lawyers?

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member news

From Frozen Tundra to Tucson City Court: He wears one of his two rings around town, and rarely gets noticed. "I get stopped more," he said, "at arraignments." The defendants notice, and ask the judge about it. A robed Ken Bowman tells them that, yes, he was the center on the Green Bay Packers teams that won Super Bowls I and II, in 1967 and 1968. more�

In the news

FBI Security Expert Urges Law Firm Caution: A computer security expert from the Federal Bureau of Investigation pulled no punches at LegalTech New York on Thursday. "We have hundreds of law firms that we see increasingly being targeted by hackers," Mary Galligan said. more�

Insider Trading Informant to Forefeit $40,000, Avoids Prison: Karl Motey, a technology consultant who has been praised by the government for his help in insider-trading investigations, avoided prison time at his sentencing on Monday. more�

from the bar

Input Sought on Admissions Process Changes: The Attorney Regulation Advisory Committee's (ARC) admissions subcommittee now is comprehensively reviewing all aspects of the attorney admission process, including the Supreme Court rules governing examinations, character and fitness review, and the structure and function of the Supreme Court committees carrying out these functions. All interested persons are invited to attend forums addressing discrete parts of the admissions process. more�

Nominate a Colleague for Annual State Bar Awards: Here�s your chance to see that your colleagues, deserving of recognition, receive their just rewards.  Nominations for the annual State Bar awards are now being accepted through March 15, 2013. more�

Board of Governors Meeting Highlights: The Board of Governors held their monthly meeting on January 25 and discussed a variety of items including, but not limited to, board election procedures, the Arizona Uniform Law Commission, and the State Bar of Arizona annual awards. If you're interested in learning more, click here to read the meeting highlights. more�

Arizona Supreme Court Justices Leading the Way to Our Next Generation: The AZ Bar Foundation has made the goal to have 100 Next Generation when Arizona's five Supreme Court Justices signed-up for the Fellows program last week. "Having our Arizona Supreme Court Justice lead us into the next hundred years is an honor and symbolic of the importance that equal access to justice holds in Arizona�s court system," said Lara Slifko of the Foundation. more�

Ninth Circuit Bankruptcy Judgeship Opportunity: The Court of Appeals for the Ninth Circuit invites applications from highly qualified candidates for the position of Bankruptcy Judge for the Eastern District of Washington by February 14, 2013. more�

U.S. Citizenship and Immigration Services (USCIS) Enhances Electronic Immigration System (ELIS): USCIS ELIS features allow attorneys and accredited representatives to electronically interact with clients, who can now verify, review, and e-sign their benefit requests. USCIS will offer free webinars to give interested parties an opportunity to learn about ELIS. Click here for the letter from the USCIS Public Engagement Division and here for the webinar schedule.

Get More Business Through the Member-to-Member Referral Guide: Sign up now to advertise in Arizona Attorney's 2013 Member-to-Member Referral Guide. It can help bring you new business through referrals from other attorneys. Deadline for inclusion is Jan. 28. Contact Kate Cortez to request more information. 

State Bar of Arizona Partners with John Driscoll & Company, Inc. to Offer Discount Benefit: Adding to a long list of member benefits, the State Bar has partnered with John Driscoll & Company, Inc. to offer disability income insurance at a permanent 10% discount to our members.  To learn more about how the insurance could provide you with a continuing income if sickness or injury should prevent you from working, click  here. For a listing of all State Bar member discounts, click here.

We Want to Take You for a Ride: Did you know that these car rental agencies � Avis Rent-A-Car and Hertz - offer special discounts for State Bar members? Click here for more information, and to see all the member discounts available to you.

court decisions

Arizona Court of Appeals
Division One
Division Two

January 10, 2013 1 CA-CV 12-0094 - State of Arizona v. Okun
1. Under the Arizona Medical Marijuana Act, Arizona Revised Statutes section 36-2801 et seq., must law enforcement authorities return marijuana seized from a "qualifying patient" who possesses an allowable amount of the drug? 2. Is an allowable amount of marijuana seized from a qualifying patient subject to summary forfeiture pursuant to Arizona Revised Statutes section 13-3413(C)? 3.  Does a court order requiring a Sheriff to return marijuana seized from a qualifying patient pursuant to the Arizona Medical Marijuana Act subject the Sheriff to prosecution under the federal Controlled Substances Act, 21 U.S.C. � 841(a)(1)? Read Opinion.

January 29, 2013 - 2 CA-CV 2012-0077 - Tumacacori Mission Land Development, LTD. v. Union Pacific Railroad Company
Did the trial court err by denying appellant�s motion to amend its complaint to add alternative easement theories where the motion was filed after summary judgment against appellants on different legal theories had been entered and affirmed on appeal, but before the mandate had issued? Read Opinion.

9th Circuit Court of Appeals

February 1, 2013 - 11-10584 - United States v. Davis
Order requiring defendant to forfeit $1.29 million to the Department of Justice and to pay $95,000 in restitution to the FBI does not result in an impermissible double recovery because even if the same government entity will receive both the forfeiture and restitution, the two payments represent different types of funds, punitive and compensatory. Read Opinion.

February 1, 2013 - 08-71950 - Vasquez v. Holder
Petitions for review of BIA decision denying request for adjustment of status and to reopen case are denied, where petitioner failed to carry his burden to prove that he was entitled to relief under the Federal First Offender Act, as he was unable to establish that the state court changed his felony conviction for possession of marijuana for sale to a misdemeanor. Read Opinion.




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