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Rule 75. Jurisdiction; Definitions

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: September 30, 2021 to December 31, 2021

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VI. Unauthorized Practice of Law (Refs & Annos)
Effective: September 30, 2021 to December 31, 2021
A.R.S. Sup.Ct.Rules, Rule 75
Rule 75. Jurisdiction; Definitions
(a) Jurisdiction. This court has jurisdiction over any person or entity engaged in the unauthorized practice of law. Proceedings against non-members or alternative business structures may also be instituted pursuant to Rules 47 through 60, and such proceedings may be concurrent with proceedings under this rule and Rules 76 through 80, Ariz.R.S.Ct.
(b) Definitions. The following definitions shall apply in unauthorized practice of law proceedings.
1. All definitions in Rules 31(b); 31.1(c); 31.2; and 41(a) shall apply.
2. “Bar counsel” means staff counsel employed by the state bar or volunteer counsel appointed to represent the state bar in discipline and other proceedings. “Chief bar counsel” means that person employed by the state bar to administer the discipline and disability system under the direction of the executive director.
3. “Charge” means any allegation of misconduct or incapacity of a lawyer, legal paraprofessional, or alternative business structure or misconduct or incident of unauthorized practice of law brought to the attention of the state bar.
4. “Committee” means the Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona.
5. “Complainant” means a person who initiates a charge or later joins in a charge to the state bar against a non-lawyer or alternative business structure regarding the unauthorized practice of law. The state bar or any bar counsel may be a complainant.
6. “Complaint” means a formal complaint prepared and filed in the superior court pursuant to these rules.
7. “Court” means Supreme Court of Arizona.
8. “Costs” means all sums taxable as such in a civil action.
9. “Expenses” means all obligations in money, other than costs, necessarily incurred by the state bar in the performance of their duties under these rules. Expenses shall include, but are not limited to, administrative expenses, necessary expenses of bar counsel or staff, charges of expert witnesses, charges of certified reporters and authorized transcribers, and all other direct, provable expenses.
10. “Order” means an order signed by the superior court or the supreme court in unauthorized practice of law matters.
11. “Record” means the complaint and other documents that commence formal unauthorized practice of law proceedings, and every later-filed document or exhibit.
12. “Respondent” is any person or alternative business structure subject to the jurisdiction of the court against whom a charge is received for violation of these rules.
13. “State bar” means the State Bar of Arizona created by rule of this court.
14. “State bar file” means the original of every document, recording and transcript of testimony or exhibit created or received by the state bar in relation to an unauthorized practice of law proceeding, but shall not include work product of bar counsel and working files of state bar staff.
15. “Unauthorized practice of law counsel” means staff or bar counsel employed by the state bar appointed to represent the state bar in unauthorized practice of law proceedings.
16. “Unauthorized practice of law proceeding” means any action involving a respondent pursuant to the rules relating to the unauthorized practice of law.

Credits

Added Jan. 15, 2003, effective July 1, 2003. Amended Sept. 16, 2008, effective Jan. 1, 2009; June 30, 2010, effective Jan. 1, 2011; Aug. 27, 2020, effective Jan. 1, 2021; Nov. 4, 2020, effective Jan. 1, 2021; amended on an emergency basis, effective Sept. 30, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 75, AZ ST S CT Rule 75
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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