Permissible Services of Legal Document Preparers

On November 21, 2012, the Arizona Supreme Court entered AO 2012-85, amending the Arizona  Code of Judicial Administration, Sec.7-208F 1 (a-c), dealing with the permissible services of Legal Document Preparers (LDP’s).

The amendment stated that a “…certified  legal document preparer may not sign any document on behalf of or as an agent or authorized representative of a person or entity.”

This amendment was meant to apply only to the execution of liens.

The language, however, was very broad and created a concern for those in the construction industry, whose contractors and lenders are required to execute and send out preliminary 20 day notices pursuant to ARS 33-992.01. The Certification and Licensing Division of the AOC ( hereafter CLD) advised the Chief Justice  that this broad language as currently drafted may have unintended consequences.

On December 6, 2012, the Court entered AO 2012-94, retroactively rescinding the prior AO 2012-85.  The court stated that the original Order was meant only to apply to the execution of liens.  Minute entry dated 8/20/12 provides additional information.

The Court then went on to order that the CLD shall provide a forum for providing public comment  and also accept public comment in written form through January 15, 2013 at 5 p.m.

The Court asks that the comments should be regarding (1) whether LDP’s should be allowed to draft, execute or serve 20 day notices and (2) whether LDP’s should be allowed to execute liens.

The State Bar Board of Governors is now seeking your input and asking that any and all comments be sent to Edward Parker or Kathleen Lundgren at the State Bar before January 11, 2013. Please email or phone comments to Edward.Parker@staff.azbar.org, 602.340.7205 or Kathleen.Lundgren@staff.azbar.org, 602.340.7371.