James T. Sinyard and Monique T. Sinyard - Page 12

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          36th St. Co., 825 P.2d 949, 951 (Ariz. Ct. App. 1991), it was               
          held that under Arizona Rules of Professional Conduct attorneys             
          are not permitted to acquire proprietary interests in funds                 
          recovered on behalf of their clients until after the judgments              
          are rendered.  17A Ariz. Rev. Stat. Sup. Ct. Rules, 42 Prof.                
          Conduct, ER 1.8(j)(1985); see also State Farm Mut. Ins. Co. v.              
          St. Joseph's Hosp., 489 P.2d 837, 840-841 (Ariz. 1971), which               
          held that Arizona attorneys have no right to attorneys' liens               
          against funds recovered on behalf of their clients until after              
          judgments are rendered or settlements are entered into.                     
               It thus appears that, in Arizona, attorneys do not have the            
          same substantive rights in funds recovered on behalf of their               
          clients as do attorneys in Alabama.  In Arizona, the total funds            
          recovered constitute property of the clients.  Based on the                 
          foregoing, this case is distinguishable from Cotnam v.                      
          Commissioner, supra, decided by the Court of Appeals for the                
          Fifth Circuit.                                                              
               In the Glass and Stephens class actions, the documentation             
          is extensive to the effect that petitioner was entitled to and              
          received an award of $862,906, one-third of which was then used             
          to pay the $273,573 portion of the attorney's contingency fees              
          for which petitioner was obligated.                                         
               Petitioners rely on Eirhart v. Libbey-Owens-Ford Co., 726              
          F. Supp. 700 (N.D. Ill. 1989), in which it was held that the                
          defendant need not file information returns with respondent                 




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