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Adams & Clark, PC
Unauthorized Practice of Law Defense
Effective December 1, 2002, the Supreme Court of Arizona adopted a sweeping new definition of the practice of law. The definition is codified in Rule 31, Arizona Rules of the Supreme Court. With a few listed exceptions, only lawyers admitted to practice in Arizona are authorized to practice law within the State of Arizona. Lawyers not licensed in Arizona, lawyers on disciplinary or summary suspension (failure to pay dues or comply with MCLE) and non-lawyers are subject to the jurisdiction of Arizona’s Supreme Court and State Bar for investigation and prosecution for the unauthorized practice of law.
Lawyers admitted in Arizona who are either disbarred or on suspension and lawyers admitted in other states who have allegedly practiced in Arizona, are subject to licensing discipline, costs and administrative expenses. Those lawyers who are licensed in other states are also subject to reciprocal discipline in states where they are licensed. Generally, cases regarding lawyers licensed in Arizona and lawyers licensed in other states proceed through the discipline process. Non-lawyers who allegedly practice law without authority are subject to costs, administrative expenses as well as cease and desist orders. Generally, the process for non-lawyers is in the Arizona superior court system.
Our experienced lawyers have represented lawyers licensed in Arizona, lawyers licensed in other states and non-lawyers in all phases of the State Bar investigation through formal hearing stage. Our experience can give you the advantage at each stage of the process. The rules regarding the unauthorized practice are unique to Arizona; you need an experienced attorney to assist you during the investigation, in defending against charges, and at any hearings/trials that may arise.
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