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Rule 77. Participants in Unauthorized Practice of Law Proceedings

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VI. Unauthorized Practice of Law (Refs & Annos)
Effective: January 1, 2022
A.R.S. Sup.Ct.Rules, Rule 77
Rule 77. Participants in Unauthorized Practice of Law Proceedings
(a) Complainant. The complainant is not a party to an unauthorized practice of law proceeding. However, by becoming a complainant, a person submits himself or herself to the jurisdiction of the supreme court and the superior court for all purposes relating to these rules. A complainant shall maintain confidentiality of proceedings, if so directed by the superior court. The state bar shall send a copy of any answer or response filed by respondent, as well as a notice of the final disposition of the matter, to the complainant. The complainant may file a complaint on his or her own behalf in superior court if the state bar dismisses the charge prior to a complaint being filed in superior court.
(b) Unauthorized Practice of Law Counsel; Powers and Duties. Acting under the authority of the board, and under the direction and by appointment of the executive director, unauthorized practice of law counsel shall have the following powers and duties:
1. investigate all information coming to the attention of the state bar which, if true, would be grounds for sanctions for engaging in unauthorized practice of law;
2. request one or more staff examiners or volunteer bar counsel to assist in conducting investigations, and supervise staff examiners, who may be, but need not be, members of the state bar and who may be selected from the regular employees of the state bar:
3. enter into consent agreements with respondents;
4. dismiss proceedings in appropriate cases as provided in Rule 78(b)(5) of these rules;
5. represent the state bar in and prosecute unauthorized practice of law proceedings before the superior court, the court of appeals, and this court, and prosecute contempt proceedings in the appropriate forum; and
6. send to complainants a copy of any answer or response filed by respondents in superior court and promptly notify the complainant and respondent of the final disposition of each matter.
(c) Chief Bar Counsel; Committee; Powers and Duties. For purposes of investigation by unauthorized practice of law counsel, the chief bar counsel or the chair or vice-chair of the committee shall have the power to issue investigative subpoenas with the same force and effect as in a civil action in superior court.

Credits

Added Jan. 15, 2003, effective July 1, 2003. Amended June 30, 2010, effective Jan. 1, 2011; Aug. 25, 2021, effective Jan. 1, 2022.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 77, AZ ST S CT Rule 77
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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