Unauthorized Practice of Law Advisory Opinions

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 12-01 - Scope of Legal Services to HOA's (March 2012)
Except under limited circumstances, non-lawyers employed by community association management companies would be engaging in the unauthorized practice of law by drafting documents for and providing legal services to homeowner and condominium associations under Rule 31, Ariz. R. Sup. Ct., and Arizona Code of Judicial Administration § 7-208.

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.