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Rule 72. Notice to Clients, Adverse Parties and Other Counsel

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
M. Public Access; Records
A.R.S. Sup.Ct.Rules, Rule 72
Rule 72. Notice to Clients, Adverse Parties and Other Counsel
(a) Recipients of Notice; Contents. Within ten (10) days after the date of an order or judgment issued by the presiding disciplinary judge, a hearing panel, or the court imposing discipline or transfer to disability inactive status, or the date of resignation, a respondent suspended, disbarred, transferred to disability inactive status, or who has resigned, shall notify the following persons by registered or certified mail, return receipt requested, of the order or judgment, and of the fact that the lawyer is disqualified to act as lawyer after the effective date of same:
1. all clients being represented in pending matters; and
2. any co-counsel in pending matters; and
3. any opposing counsel in pending matters, or in the absence of such counsel, the adverse parties; and
4. each court and division in which respondent has any pending matter, whether active or inactive.
(b) Association of Counsel; Duty to Withdraw.
1. Association of Counsel. In the case of suspensions of sixty (60) days or less, the suspended lawyer may choose, with the written consent of the client, to associate with another lawyer in matters pending in any court or agency during the period of suspension. This rule does not modify the suspended lawyer's duty not to practice law during the period of suspension. It shall be the responsibility of the suspended lawyer to file the “Notice of Association During Pendency of Suspension” in the relevant matters prior to the effective date of the suspension. It shall also be the responsibility of the lawyer, upon reinstatement to active status, to file either a notice of appearance as counsel of record and dissolve the association, or move for leave to withdraw in the relevant matters. In the event the suspended lawyer is not reinstated pursuant to Rule 64(e)(2) within one hundred twenty (120) days of the effective date of the suspension, the lawyer shall promptly move for leave to withdraw in the relevant matters.
2. Duty to Withdraw. In the case of suspensions for longer than sixty (60) days, or suspensions of sixty (60) days or less when the client does not consent to the association of counsel, and in all cases of disbarment, transfer or resignation, it shall be the responsibility of the disbarred, suspended, transferred or resigned lawyer to move in the court or agency in which the proceeding is pending for leave to withdraw in the event the client does not obtain substitute counsel before the effective date of the sanction, transfer or resignation.
(c) Return of Client Property. Respondent shall deliver to all clients being represented in pending matters any papers or other property to which they are entitled and shall notify them, and any counsel representing them, of a suitable time and place where the papers and other property may be obtained, calling attention to any urgency for obtaining the papers or other property. Respondent shall deliver all files and records in pending matters to the client, notwithstanding any claim of an attorney lien.
(d) Effective Date of Order; Pending Matters. Judgments imposing suspension or disbarment shall be effective thirty (30) days after entry, unless the presiding disciplinary judge or the court specifies an earlier date. Judgments and orders imposing other sanctions or transfer to disability inactive status are effective immediately upon entry. Respondent, after entry of a judgment of disbarment or suspension, shall not engage in the practice of law, except that during the period between entry and the effective date of the order, respondent may complete on behalf of any client all matters that were pending on the entry date. Respondent shall refund any part of any fees paid in advance which have not been earned.
(e) Affidavit filed with hearing panel and court. Within ten (10) days after the effective date of the judgment of disbarment or suspension, transfer to disability inactive status, or resignation, respondent shall file with the disciplinary clerk and with the court an affidavit showing:
1. respondent has fully complied with the provisions of the order and with these rules;
2. all other state, federal and administrative jurisdictions in which respondent is admitted to practice;
3. respondent's residence and other addresses where communications may thereafter be directed; and
4. respondent has served a copy of such affidavit upon bar counsel, the chief judge of every federal circuit court of appeals in which respondent is admitted, the chief judge and chief deputy clerk of every United States district court in which respondent is admitted, and the chief bankruptcy judge and the divisional manager of every bankruptcy court in which respondent is admitted.
(f) Duty to Maintain Records. A disbarred or suspended lawyer, or a lawyer on disability status to the extent able, or the conservator shall keep and maintain records constituting proof of compliance with this rule. Proof of compliance, which shall include copies of notice sent pursuant to subsection (a) of this rule and signed returned receipts, shall be provided to chief bar counsel. Proof of compliance is a condition precedent to any application for reinstatement.
(g) Contempt. Failure to comply with the provisions of this rule may be punishable by contempt.

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Added June 9, 2003, effective Dec. 1, 2003. Amended Sept. 16, 2008, effective Jan. 1, 2009; Sept. 3, 2009, effective Jan. 1, 2010; June 30, 2010, effective Jan. 1, 2011; Sept. 2, 2014, effective Jan. 1, 2015.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 72, AZ ST S CT Rule 72
Current with amendments received through 08/15/2020.
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