State Bar of Arizona

The State Bar of Arizona investigates charges of unethical conduct against lawyers practicing in Arizona. If you believe that a lawyer has acted unethically, you can file a complaint with the State Bar. Before doing so, however, please read this brochure, which provides general information about the lawyer discipline system in Arizona and the Attorney/Consumer Assistance Program (A/CAP).

The State Bar gets its authority to investigate complaints against lawyers from the Arizona Supreme Court. Lawyer discipline is funded by annual dues paid by all members of the Bar, not by tax dollars.

The State Bar's jurisdiction is limited to investigating matters that would violate the Rules of the Supreme Court, particularly the Rules of Professional Conduct contained in Rule 42. These rules can be found in volume 17A of the Arizona Revised Statutes, which are available in most public and law libraries.

The primary purpose of the disciplinary process is to protect the public. Lawyers engaged in serious misconduct, such as theft of client funds or certain crimes, may be suspended or disbarred. Other types of misconduct, such as not communicating with clients or failing to diligently pursue a case, may result in a censure or reprimand, or the attorney being placed in a supervised diversion or probation program. Concerns about rude behavior will not result in a discipline investigation but may be referred to another Bar program that addresses unprofessional conduct. The State Bar also has a mediation program for resolving some disputes between lawyers and clients.

The State Bar cannot investigate complaints of malpractice, resolve legal questions or give legal advice. The State Bar typically has no jurisdiction over issues pending in court or matters arising out of a lawyer's personal life, such as disputes with neighbors, creditors, or spouses. It also does not investigate complaints against judges. Those complaints should be sent to the Commission on Judicial Conduct, 1501 W. Washington, Suite 229, Phoenix, AZ, 85007.

A client has an absolute right to fire a lawyer for any reason. However, not every reason justifying termination of the relationship is grounds for disciplining the attorney. Lawyers sometimes make mistakes that upset clients but which do not constitute ethical violations.

Many complaints are filed against lawyers who represent other people. This is especially common in the area of family law, where one spouse files a complaint against the lawyer of the other spouse. Before filing a complaint against your opponent's lawyer, remember that it is an attorney's duty to vigorously represent his or her client. You may not like what the lawyer does, particularly if it has a negative impact on you, but that does not necessarily make the conduct unethical.

The cost of legal services is generally left to an agreement between the lawyer and the client. Disputes over legal fees are not usually investigated by the Discipline Department. Written fee agreements are strongly encouraged to avoid misunderstandings, but are only required in contingency-fee cases.

The State Bar operates a fee arbitration program to provide a free method of resolving fee disputes. For the arbitration to be binding, both the client and the lawyer must agree to arbitrate. To receive forms for fee arbitration, call (602) 340-7288.

Here are a few examples of the kinds of complaints the State Bar has authority to investigate:

Your Complaint

If you feel your attorney or the opposing attorney has violated an ethical rule, using the examples listed as a guide, please call the Attorney/Consumer Assistance Program (A/CAP) for information. There are times when A/CAP can resolve some problems between attorneys and clients prior to filing a complaint. The direct line to call is 602-340-7280.

A/CAP personnel will talk with you about your case, explore the nature of your dispute, and the details of the actions of the attorney.

This information will then be reviewed by the attorneys in A/CAP and you may receive a return phone call from one of these attorneys to discuss your inquiry in greater detail. If appropriate, the A/CAP attorney will assist you in trying to resolve this dispute with the attorney. However, if it is determined that a complaint should be filed, the forms will be forwarded to you, and you will be provided with information on how to file an effective complaint.

If a complaint is filed, it will be reviewed by State Bar staff attorneys to determine whether an investigation is appropriate. Because we receive more than 2,500 complaints a year, you may not hear from us for a few weeks after you file your complaint.

We will tell you whether your complaint falls within the State Bar's jurisdiction. If it does, then a copy of whatever you have submitted will be sent to the lawyer, who will be asked to submit a written response to your complaint. In most cases, you will receive a copy of that response and be given a chance to submit additional information. In rare cases, a lawyer may ask that his or her response be considered confidential because it refers, for example, to other clients' confidential information.

If your complaint does not meet the threshold for an investigation, you will be notified of that fact as well. We still will send a copy of your complaint to the lawyer for informational purposes.

If, after investigation, the State Bar determines that there is probable cause to believe that the lawyer violated the ethics rules and there is clear and convincing evidence to show the violation, formal disciplinary proceedings may be filed against the lawyer. Under those circumstances, an evidentiary hearing may be held, and you may be required to appear as a witness.

Because of the volume of complaints received, we rely on written submissions and rarely have telephone or in-person contact with complainants or lawyers during the investigative process. If we need additional information, we will contact you.

Do not delay in exploring other possible remedies you may have against the lawyer simply because you have filed a bar complaint. You can lose valuable legal rights if you wait for the conclusion of the State Bar's investigation. If you want to find out if you have other remedies against the lawyer, you should contact private counsel. If you believe a lawyer has acted illegally, you should report that conduct to appropriate prosecuting authorities. The State Bar's staff attorneys cannot give you legal advice or tell you what you should do.