Arizona

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This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.

 Rules of Conduct

Paralegal Regulation
Paralegal Regulation
Confidentiality Conflicts of Interest Competence & Negligence

www.azbar.org

To find the Rules of Professional Conduct, search

"Arizona Bar" + "Rules of Professional Conduct"

In 2012, the Arizona Supreme Court amended Arizona law on Legal Document Preparers but then rescinded the amendment in less than a month. The issue is notices and liens. If you search "Arizona" + "Legal Document Preparer" you will be able to keep up with the news on this issue.

Search:

"arizona state bar" + regulation of non lawyers

to find the State Bar's Public page, as well as Ethics Opinions regarding lawyers dividing fees with non-lawyers

 

Rule 1.6

Matter of Murphy (1997) 188 Ariz. 375, 242 Ariz. Adv. Rep. 43

Unsolicited email Opinion No.02-04 (Sept.  2002)

see Matter of Murphy

Insurance companies, insured, and counsel: Paradigm Insurance Co. v. Langerman Law Offices, 24 P.3d 593 (Ariz. 2001)

Where an attorney has an intimate relationship with a judge she appears before, there is a conflict of interest. To find the case, search

Arizona + SB-05-0135-D

Arizona's State Bar has a "Client Care Guide". You can find it under Public Resources on the State Bar website

When does an action accrue for legal malpractice in criminal defense matter? Search Arizona + Glaze v. Larsen

or

Arizona + CV_02_0375_PR

When the secretary mis-files a plea offer, does it constitute ineffective assistance of counsel? Search:

Arizona + SA060006

UPL Attorney/Client Privilege Advertising/Solicitation Client Trust Accounts Fair Fees
State Bar's website

Arizona does not have a UPL statute, but Rule 31 of the Arizona Supreme Court gives the State Bar of Arizona the authority to investigate allegations of unauthorized practice of law and to file and prosecute.

Search:

"Arizona State Bar" + regulation of non lawyers

You will find several articles on the internet by searching:

"arizona lawyer" + "attorney-client privilege"

Also look in Arizona law at ARS § 12-2234 and

ARS 13-4062(2) = criminal a/c privilege

also

38-431.03(f)

Ariz. R. Evid. 502; Ariz. R. Civ. Pro. 26(b)(3) and 26.1(f)

Common interest exception: Ariz. Indep. Redist. Comm’n v. Fields, 206 Ariz. 130, 75 P.3d 1088, 1101 (App. 2003).

Attorney advertising really started in Arizona in the 1980's with the case: Bates & O'Steen v. State Bar of Arizona.

When the internet was new, Arizona was again on the cutting edge of advertising. See the State Bar's Ethics Opinion 97-04

Safekeeping Rule 1.15

Matter of Brady, 186 Ariz. 370, 923 P.2d 836 (1996)

To get the State Bar's brochure on this isuse, search:

"Client Trust Accounting Manual for Arizona Attorneys"

Paralegal Fees Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono Special Duties of the Prosecutor
Recovery of paralegal fees: Continental Townhouses E. Unit One Ass'n v. Brockbank, 733 P.2d 1120 (1986)

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees

Search:

"Arizona state bar" + Carmen Fischer

for several news articles about a lawyer who had an intimate relationship with her client, a man convicted of murder. She was

 Arizona's lawyer assistance program is called "Member Assistance Program" so if you want to find it, you need to search:

"Arizona Bar" + MAP

Rule 6.1

The Arizona Foundation for Legal Services and Education awards the William E. Morris Pro Bono Service Award each year. Nominations are due March 1st. William Morris was a long-time attorney for the poor in Arizona. Check out the Foundation's website.

 

In re Zawada, 92 P.3d 862 (Ariz. 2004), involves a review by the Supreme Court of Arizona of the adequacy of sanctions recommended by a Disciplinary Commission against a prosecuting attorney whose actions at trial were found to have the cumulative effect of depriving the defendant of a fair trial. Listed among the acts of misconduct were Mr. Zawada’s disrespect for and harassment of mental health experts during trial.

You can read the whole case by searching the case name. It's 23 pages.

 

 
Overly Zealous Conduct Misc. Reporting Misconduct . .

You can find a 2004 case of a prosecutor who was disbarred for having a witness lie. Search Arizona Prosecutor + disbarred + Peasley

For a case on attorney abuse of process, search:

Arizona + CV060371

(Chalpin 2008)

www.azleg.gov/
and click on Arizona Revised Statutes in the left hand navigation bar. They are a wesome! Search by key term

Rule 8.3

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