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FREQUENTLY
ASKED QUESTIONS ABOUT LAWYER DISCIPLINE
Do
discipline charges remain confidential?
If a charge is not investigated, it becomes open to the public
at the time when the State Bar advises the complainant that no investigation
will occur. If an investigation is performed, charges and subsequent correspondence
between those involved generally become open to the public when
the investigation is concluded and a decision made whether to pursue the
lawyer in formal proceedings.
Do
I need a lawyer to represent me if I file a charge against a lawyer?
You do not need to have an attorney represent you if you file a
charge against a lawyer. The State Bar staff bar counsel will investigate
the charges and if necessary, prosecute the lawyer in a disciplinary
hearing.
Does
the State Bar represent me if I file a charge against a lawyer?
The State Bar does not represent you and cannot assist you
in resolving ongoing legal problems. You should consult your own
lawyer to advise you of your rights or potential legal recourse
against the lawyer.
Can
I withdraw my charge once it is made?
No. Once a charge has been made against a lawyer,
the State Bar must investigate and make a determination as to whether
the lawyer engaged in unethical conduct. A complainant’s
unwillingness or failure to cooperate with the State Bar or a settlement
or compromise made between the complainant and the lawyer will not cause
the charges to be dropped.
I cannot respond to a request
for more information in the time stated in the letter sent to me. Can
I have more time to respond?
Reasonable requests for an extension of time to respond to a request
for information will normally be granted.
I have a hearing [or a trial,
or a meeting] coming up and I can’t get my file from my lawyer.
Can the State Bar help?
The State Bar cannot make a lawyer appear for you at a hearing or
trial and does not have the power to make the lawyer give you back
your file. However, this type of behavior may be unethical and it
will be considered by bar counsel in making a recommendation for
disposition of the matter.
Will I get the documents
and papers back that I send to the State Bar?
Anything you send to this office becomes the property of the State
Bar and cannot be returned to you. If you do request copies of any
documents not otherwise provided to you by the State Bar of Arizona,
you will be required to pay a copy charge of $0.50 per page, payable
in advance. If you want to keep a copy of any documentation you
provide to the State Bar of Arizona, it is advisable to have copies
made prior to sending it to the State Bar.
Who can practice law in Arizona?
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.
Who can provide legal advice
in Arizona?
Only attorneys admitted to the State Bar of Arizona may provide
legal advice in Arizona.
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