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ER 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: May 1, 2020

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
D. Lawyer Obligations
Rule 42. Arizona Rules of Professional Conduct
Law Firms and Associations
Effective: May 1, 2020
A.R.S. Sup.Ct.Rules, Rule 42, Rules of Prof.Conduct, ER 5.5
ER 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law
Currentness
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) Except as authorized by these Rules or other law, a lawyer who is not admitted to practice in Arizona shall not:
(1) engage in the regular practice of Arizona law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice Arizona law.
(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in Arizona that involve Arizona law and which:
(1) are undertaken in association with a lawyer who is admitted to practice in Arizona and who actively participates in the matter.
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in Arizona or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in Arizona or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.
(d) A lawyer admitted in another United States jurisdiction, or a lawyer admitted in a jurisdiction outside the United States, not disbarred or suspended from practice in any jurisdiction, may provide legal services in Arizona that exclusively involve federal law, the law of another jurisdiction, or tribal law.
(e) A lawyer admitted in another United States jurisdiction, or a lawyer admitted in a jurisdiction outside the United States, not disbarred or suspended from practice in any jurisdiction, and registered pursuant to Rule 38(a) of these rules, may provide legal services in Arizona that are provided to the lawyer's employer or its organizational affiliates and are not services for which pro hac vice admission is required.
(f) Any attorney who engages in the authorized multijurisdictional practice of law in Arizona under this rule must advise the lawyer's client that the lawyer is not admitted to practice in Arizona, and must obtain the client's informed consent to such representation.
(g) Attorneys not admitted to practice in Arizona, who are admitted to practice law in any other jurisdiction in the United States and who appear in any court of record or before any administrative hearing officer in Arizona, must also comply with Rules of the Supreme Court of Arizona governing pro hac vice admission. See Rule 39(a).
(h) Any attorney who engages in the multijurisdictional practice of law in Arizona, whether authorized in accordance with these Rules or not, shall be subject to the Rules of Professional Conduct and the Rules of the Supreme Court regarding attorney discipline in Arizona.

Credits

Amended June 9, 2003, effective Dec. 1, 2003; June 8, 2004, effective Dec. 1, 2004; Sept. 16, 2008, effective Jan. 1, 2009; Aug. 30, 2012, effective Jan. 1, 2013; Aug. 27, 2015, effective Jan. 1, 2016; Dec. 12, 2019, effective May 1, 2020.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 42, Rules of Prof. Conduct, ER 5.5, AZ ST S CT RULE 42 RPC ER 5.5
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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