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Rule 76. Grounds for Sanctions, Sanctions, and Implementation

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VI. Unauthorized Practice of Law (Refs & Annos)
A.R.S. Sup.Ct.Rules, Rule 76
Rule 76. Grounds for Sanctions, Sanctions, and Implementation
(a) Grounds for Sanctions. Grounds for sanctions include the following:
1. Any act found to constitute the unauthorized practice of law pursuant to Rule 31.
2. Willful disobedience or violation of a court ruling or order requiring the individual to do or forbear to do an act connected with the unauthorized practice of law.
3. Failure to respond promptly to any inquiry or request from unauthorized practice of law counsel, superior court, or this court, made pursuant to these rules for information relevant to complaints or matters under investigation concerning conduct of a respondent, or failure to assert the ground for refusing to do so. Upon such inquiry or request for relevant information from counsel, the superior court, or this court, every respondent shall:
A. furnish in writing, or orally if requested, a full and complete response to inquiries and questions:
B. permit inspection and copying of his or her business records, files and accounts;
C. furnish copies of requested records, files and accounts;
D. furnish written releases or authorizations where needed to obtain access to documents or information in the possession of third parties; and
E. comply with discovery conducted pursuant to these rules.
4. Evasion of service or any other refusal to cooperate with officials and staff of the state bar acting in the course of their duties.
5. Violation of any injunction imposed during an unauthorized practice of law proceeding.
(b) Sanctions and Dispositions.
1. Agreement to Cease And Desist. Respondent and unauthorized practice of law counsel may enter into a “Consent to Cease and Desist Agreement” prior to formal proceedings that states respondent agrees to cease and desist from engaging in acts found to be the unauthorized practice of law, to refund fees collected, to pay costs and expenses, and to make any other restitution.
2. Cease and Desist Order. The superior court may enter an order for a respondent to immediately cease and desist from conduct that constitutes engaging in the unauthorized practice of law. After entry of a cease and desist order or judgment, and service thereof upon the respondent, respondent shall:
A. notify existing customers, opposing counsel or opposing parties, if not represented by counsel, of such sanctions:
B. return to all customers in pending matters any documents or other property to which they are entitled, including their files; and
C. cease use of any reference to titles or descriptions prohibited in the order or judgment on all advertising, business cards, and letterhead.
3. Injunction. The superior court, at any stage in an unauthorized practice of law proceeding, may enjoin a respondent from engaging in the unauthorized practice of law and order a respondent immediately to cease and desist such conduct. An injunction or order to cease and desist may be issued without proof of actual damages to any person.
4. Civil Contempt. The superior court may issue a civil contempt citation and determine if the respondent is guilty of contempt and, by order, prescribe the sanction, including assessment of costs, expenses, and reasonable attorney fees.
5. Restitution. In the event actual damages are shown, restitution may be ordered to any individual for money, property, or other items of value received and retained by a respondent.
6. Costs and expenses. Costs, expenses, and attorney's fees relating to the proceedings shall be assessed against every respondent upon whom another sanction is imposed. Assessment shall be included in the order or judgment.
(c) Implementation of Cease and Desist Sanction. Orders or judgments of the superior court imposing cease and desist sanctions shall be effective thirty days after entry, unless another date is specified.

Credits

Added Jan. 15, 2003, effective July 1, 2003.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 76, AZ ST S CT Rule 76
Current with amendments received through 08/15/2020.
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