- 12 - 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 respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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