lawyer

#State Bar of Arizona

The State Bar is committed to tracking, preventing, and educating people about the unauthorized practice of law ("UPL") in Arizona. The State Bar has dedicated staff to this function.

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 and, with very limited exceptions, only attorneys admitted to the State Bar of Arizona may provide legal advice in Arizona.

The practice of law is defined in Arizona Supreme Court Rule 31 (a)(2)(A):

Practice of law means providing legal advice or services to another by:

• Preparing any document in any medium intended to affect or secure legal rights for a specific person or entity;
• Preparing or expressing legal opinions;
• Representing another in a judicial, quasi-judicial, or administrative proceeding, or other formal dispute resolution process such as arbitrations and mediations;
• Preparing any document through any medium for filing in any court, administrative agency or tribunal for a specific person or entity; or
• Negotiating legal rights or responsibilities for a specific person or entity.

The definition of the practice of law is consistent with decisions of the Supreme Court of Arizona.

Unauthorized Practice of Law

The unauthorized practice of law includes using a designation such as:

• "lawyer," "attorney at law, "counselor at law," "law," "law office," "J.D.," "Esq.," or other equivalent words by any person not authorized to practice, if its use is reasonably likely to induce others to believe that the person is authorized to engage in the practice of law in this state.

Certified Legal Document Preparers

The Legal Document Preparer Program certifies legal document preparers in Arizona. Legal Document Preparers are certified individuals who prepare or provide legal documents without the supervision of an attorney. Legal Document Preparers may provide general legal information but may not give legal advice.

Effective July 1, 2003, all individuals and businesses preparing legal documents without the supervision of an attorney in good standing with the State Bar of Arizona, must be certified pursuant to Rule 31 and Arizona Code of Judicial Administration §7-208. For more information on this program, click here or call 602.452.3378.

Notarios

Fraudulent "notarios" - a term coming from the Spanish term for public notaries, and referring to non-lawyer immigration consultants - have long scammed immigrants in need of legal help. Federal authorities have rarely attended to the problem, and there is no federal statute which addresses the practice of immigration law by those unauthorized to do so.

Tips to Avoid Being Victimized by a Notario

Comprehensive Immigration Reform has not passed. Beware of any "legal representatives" claiming there is a secret new law that can help you.

Talk to a qualified immigration attorney and walk away if they cannot show you their license. You can go to verify their credentials by using the Find a Lawyer feature on the homepage of this website.

Never sign any forms with false information and ask for proof, like a receipt, that your paperwork has been filed with the government.

Don't pay cash up front. Ask for a written contract spelling out all the fees, and get receipts for all payments.

Anyone who believes they have been victimized can call the Department of Homeland Security tip line at 800.347.2423 or visit http://www.ice.gov/tips . In addition, the Arizona Attorney General's Office has both civil and criminal enforcement authority over notarios.  Its contact number is: 602.542.5025. The Federal Trade Commission takes reports at www.ftc.gov/complaint or 877.382.4357.

UPL Complaints

The State Bar of Arizona has the authority to bring an action to enforce rules regarding non-lawyers engaging in the unauthorized practice of law.

You may wish to file a complaint regarding the conduct of the non-lawyer. The State Bar will review the allegations and determine whether it is appropriate to prosecute the individual who appears to be engaging in the unauthorized practice of law or the Bar may refer, coordinate, and assist the investigation and prosecution of the matter by the Office of the Attorney General, United States Bankruptcy Trustees, Certified Legal Document Preparer Program or other agencies.

To find further information regarding the regulation of non-lawyers, please click here.  www.azbar.org/lawyerconcerns/non-lawyers .

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)