Unauthorized Practice of Law
The State Bar is committed to tracking, preventing, and
educating people about the unauthorized practice of law in Arizona.
The State Bar has dedicated staff to this function.
Only members of the State Bar of Arizona and other persons who
comply with the Arizona Supreme Court's rules regarding the
practice of law may practice law in Arizona and only attorneys
admitted to the State Bar of Arizona may provide legal advice in
Arizona.
The practice of law is defined in Arizona Supreme Court Rule 31
(a)(2)(A):
Practice of law means providing legal advice or services to
another by:
- Preparing any document in any medium intended to affect or
secure legal rights for a specific person or entity;
- Preparing or expressing legal opinions;
- Representing another in a judicial, quasi-judicial, or
administrative proceeding, or other formal dispute resolution
process such as arbitrations and mediations;
- Preparing any document through any medium for filing in any
court, administrative agency or tribunal for a specific person or
entity; or
- Negotiating legal rights or responsibilities for a specific
person or entity.
The definition of the practice of law is consistent with the
definition in decisions by the Supreme Court of Arizona.
Unauthorized Practice of Law
The unauthorized practice of law is defined by Arizona Supreme Court Rule 31.
Rule 31(a)(2)(B) states: Unauthorized practice of law includes
but is not limited to:
- Engaging in the practice of law by persons or entities not
authorized to practice pursuant to to paragraphs (b) or (c) or
specifically admitted to practice pursuant to Rule 33(d); or
- Using the designations "lawyer," "attorney at law, "counselor
at law," "law," "law office," "J.D.," "Esq.," or other equivalent
words by any person or entity not authorized to practice pursuant
to to paragraphs (b) or (c) or specifically admitted to practice
pursuant to Rule 33(d), the use of which is reasonably likely to
induce others to believe that the person or entity is authorized to
engage in the practice of law in this state.
Certified Legal Document Preparers
The Legal Document Preparer Program certifies legal
document preparers in Arizona. Legal Document Preparers are
certified individuals who prepare or provide legal documents
without the supervision of an attorney. Legal Document Preparers
may provide general legal information but may not give legal
advice.
Effective July 1, 2003, all individuals and businesses preparing
legal documents without the supervision of an attorney in good
standing with the State Bar of Arizona, must be certified pursuant
to Rule 31 and Arizona Code of Judicial Administration §7-208.
Today, the State Bar of Arizona has the authority to bring an
action to enforce rules regarding non-lawyers engaging in the
unauthorized practice of law.
You may wish to file a complaint regarding the conduct of the
non-lawyer. The State Bar will review the allegations and determine
whether it is appropriate to prosecute the individual who appears
to be engaging in the unauthorized practice of law or the Bar may
refer, coordinate, and assist the investigation and prosecution of
the matter by the Office of the Attorney General, United States
Bankruptcy Trustees, Certified Legal Document Preparer Program or
other agencies.
For background information you may also wish to read the Arizona Supreme Court's Order regarding Document
Preparers. You can contact the Bar's unauthorized practice of
law attorney, Ward Parker, by email, or by calling 602.340.7266.
Unauthorized Practice of Law Advisory Opinions
The State Bar's UPL (unauthorized practice of law) Advisory
Committee now provides attorneys and consumers with non-binding
written advisory opinions. The opinions interpret the UPL Supreme
Court Rules and the Certified Legal Document Preparer Code.
Summaries of Recent Opinions
UPL
10-02 - Out of State Attorney Practicing Law in the State of
Arizona
This is an Advisory Opinion regarding whether an attorney admitted
to practice law in a jurisdiction other than Arizona may practice
the law of that other jurisdiction while residing in the state of
Arizona.
UPL
10-01 - Out-of-State Lawyers Authorized to Practice Law Under Rule
38(f)
This is an Advisory Opinion regarding Rule 38(f) of the Rules of
the Arizona Supreme Court regarding the question of whether
out-of-state lawyers must be active in at least one
jurisdiction.
UPL
09-01 - Registered In-House Counsel Court Appearance
Limitation
This is an Advisory Opinion regarding Rules 31, 38 and 42, of the
Rules of the Supreme Court of Arizona regarding the authorization
and limitation of registered in-house court appearances.
UPL
07-02 - Temporary Practice of Law
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona regarding lawyers not admitted to practice
in Arizona living in Arizona part-time and advising ongoing Arizona
clients regarding matters of federal law.
UPL
07-01 - Contingency Fee by Certified Legal Document
Preparer
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona interpreting provisions of Rule 31 of the
Rules of the Supreme Court of Arizona, and § 7-208 of the Arizona
Code of Judicial Administration, applicable to Certified Legal
Document Preparers.
UPL 06-04 - Representation by Non-Arizona
Attorney in Private
Arbitration
This is an Advisory Opinion regarding Arizona Supreme Court Rules
31, 33, and 42 (ER 5.5) pertaining to whether a non-Arizona
attorney is engaging in the unauthorized practice of law by
representing a client in a securities arbitration conducted by a
private dispute resolution service as required by the National
Association of Securities Dealers or the New York Stock
Exchange.
UPL 06-03 -
Certified Legal Document Preparer and Paralegal
This is an Advisory Opinion regarding Rule 31 of the Rules
of the Supreme Court of Arizona regarding whether an attorney may
ethically employ a paralegal who independently operates a certified
legal document preparer business, and whether the paralegal can
prepare documents for the attorney's clients as a certified legal
document preparer.
UPL
06-02 - Legal Document Preparer Designation and
Limitations
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona and Arizona Code of Judicial Admin. §
7-208 regarding the designation "paralegal," and services provided
by a certified legal document preparer.
UPL 06-01 -
Preparation and Submission of No-Action Letter
This is an Advisory Opinion regarding Rule 31of the Rules of the
Supreme Court of Arizona regarding whether an individual is
engaging in the unauthorized practice of law by preparing no-action
letters, which involve the Securities Division of the Corporation
Commission, if the individual is not an active member of the State
Bar of Arizona.
UPL
05-01 - Tax Payer Representative's Requests
This is an Advisory Opinion regarding Rule 31 of the Rules of
Supreme Court of Arizona regarding whether an attorney practicing
outside the State of Arizona, who is not a licensed Arizona
attorney, or CPA or IRS agent, is engaged in the unauthorized
practice of law by submitting a request to the Arizona Department
of Revenue for private tax payer ruling or information letter on
behalf of an out-of-state client.
UPL
04-03 - Non-lawyer In-house Employee Legal
Services
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona and Arizona Code of Judicial Admin. §
7-208 regarding the services provided by non-lawyer in-house
employees of a company (not a law firm).
UPL
04-02 - Property Management Companies
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona regarding a property management company's
preparation of late payment notices, eviction notices, and demand
letters seeking payment of rent, as well as the preparation and
recording of liens, and participation in mediations regarding
unpaid rent.
UPL 04-01 -
Preparation of Mechanic's Lien Notices
This is an Advisory Opinion regarding Rule 31 of the Rules of the
Supreme Court of Arizona regarding the preparation, service, and
recording of mechanics lien notices.
About the UPL Advisory Committee
The UPL Advisory Committee issues written advisory opinions. All
opinions rendered are non-binding and advisory only, based on the
Committee's reading of the Arizona Supreme Court Rules regarding
the Practice of Law and the Certified Legal Document Preparer Code.
Although non-binding, these opinions constitute an important
resource for Arizona attorneys and the public to identify
applicable rules, point out relevant UPL Advisory opinions, provide
other resources, and give guidance on practice of law
questions.
Request a UPL Opinion
The request for a written advisory opinion must be in writing, and
either mailed, faxed, or hand-delivered to an office of the State
Bar of Arizona. The request should include all of the operative
facts upon which the request for opinion is based, and identify the
specific unauthorized practice of law question. Please include the
name and address of the person, and organization where relevant.
The Committee will not consider or issue advisory opinions for
matters pending in any Arizona court or other tribunal; however, it
may requests as to pending issues from a court or tribunal
directly.
For More Information
Contact Ward Parker, UPL Attorney for the State Bar of Arizona at
602.340.7205, or email upl@staff.azbar.org.
Mailing address:
UPL Attorney
State Bar of Arizona
4201 N. 24th Street, Suite 100
Phoenix, AZ 85016-6266