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.