Access to Justice Task Force Proposals for Changing Ethics, Civil Rules
By Patricia Sallen, Director of Special Services & Ethics/Deputy General Counsel
January 31, 2012
The State Bar's Access to Justice Task Force was charged last
year with developing specific proposals to increase access to civil
justice for Arizona's indigent and working poor. The task force's
final report included several rule-change
proposals.
At its December 2011 meeting, the State Bar Board of Governors
directed that those rule-change proposals be vetted through the
board's Rules Committee. The Rules Committee, in turn, directed
that the proposals for changing Ethical Rules and Rules of Civil
Procedure be circulated not only to subject-matter committees and
sections but also to the general membership via eLegal.
This petition proposes amending ERs 1.5, 4.2, 4.3
and 6.5 as well as Rules 5.1 and 11 of the Arizona Rules of Civil
Procedure and would facilitate the ability of lawyers to engage in
limited-scope or short-term legal representation, thus providing
more access to justice for people of limited means.
The Rule 5.1 proposal would allow for limited appearances in all
civil matters. Appendix F to the task force report concluded,
"Arizona should consider expanding the limited-appearance notion
adopted in Family Court and in vulnerable adult exploitation
actions by adopting rules similar to those recently adopted by
Montana. This would require at the least rewriting Rule 5.1, Ariz.
R. Civ. P., which outlines the duties of counsel." Although the
task force did not propose a specific rule change, this petition
includes a proposed rule that would implement the task force's
recommendation.
This rule-change petition has not been filed with the Supreme
Court. The Rules Committee still must make a recommendation to the
State Bar Board of Governor, which will decide whether to file the
petition.
Submit comments via email to rules@azbar.org by 5 p.m. Friday,
February 10. Put "Limited Scope" in the subject line.
Downloadable Documents:
1. Task Force Final Report
2. Limited Scope Petition