Rule 40

17A A.R.S. Sup.Ct.Rules, Rule 40

RULES OF THE SUPREME COURT OF ARIZONA
V. ADMISSION AND DISCIPLINE OF ATTORNEYS
B. ADMISSION TO BAR

Rule 40. Authorization to Practice Law for Attorneys Working Full Time for Approved Legal Services Organizations

An attorney who has been admitted to practice law in any other jurisdiction for at least two years and who is employed full time by an approved legal services organization in this State which provides legal assistance to indigents in civil matters, free of charge, may be admitted to practice before all courts of this State, subject to the following:

(1) Approval of Legal Services Organizations. An "approved legal services organization" for the purposes of this rule is a not-for-profit legal services organization which has as one of its primary purposes the provision of legal assistance to indigents, free of charge, in civil matters. A legal services organization must be approved as such by the Supreme Court of Arizona. The organization shall file a petition with the Clerk of the Supreme Court of Arizona explaining:

  1. The structure of the organization and a statement that it does not accept fees for services rendered from its clients;
  2. The major sources of funds used by the organization;
  3. The criteria used to determine potential clients' eligibility for legal and nonlegal services performed by the organization;
  4. The types of legal and nonlegal services performed by the organization;
  5. The names of all members of the State Bar of Arizona who are employed by the organization or who regularly perform legal work for the organization; and
  6. The existence and extent of malpractice insurance which will cover attorneys authorized to practice under this rule.

A copy of the petition for approval shall be sent by the organization to the State Bar of Arizona, which shall file any comment which it desires to file respecting such petition with the Clerk of the Supreme Court within ten (10) days after the date of receipt of such petition. A legal services organization is not approved until an order confirming such approval is entered by the Arizona Supreme Court. A copy of the order approving the legal services organization under this rule shall be sent by the Clerk of the Supreme Court to the State Bar of Arizona.

(2) Application and Authorization. An attorney who seeks authorization to practice law under this rule shall file with the Clerk of the Supreme Court of Arizona an application including:

(a) A certificate from the highest court or agency in the state, territory or district in which the applicant is presently licensed to practice law documenting that the applicant has fulfilled the requirements of active bar membership for at least the two years preceding the date of the application, and that the applicant has not been disciplined for professional misconduct by the bar or highest court of the state, territory or district for the past five years, or during the time of the applicant's licensure, whichever is greater;

(b) A statement signed by an authorized representative of the approved legal services organization that the applicant is employed full time by the organization;

(c) A sworn statement signed by the applicant that he or she:

  1. Has read and is familiar with the Rules of the Supreme Court of Arizona and any applicable statutes of the State of Arizona relative to the conduct of lawyers, and will abide by the provisions thereof;
  2. Submits to the jurisdiction of the Supreme Court of Arizona for disciplinary purposes, as defined by the Rules of the Supreme Court; and
  3. Has not been disciplined by the bar or courts of any jurisdiction within the past five years.

A copy of the application shall be sent by the attorney to the State Bar of Arizona, which shall file any objection to such application with the Clerk of the Supreme Court within ten (10) days after the date of receipt of such application. An attorney is not allowed to practice law under this rule until the applicant has been authorized to do so by order of the Arizona Supreme Court. A copy of the order authorizing the practice of law shall be sent by the Clerk of the Supreme Court to the State Bar of Arizona.

(3) Expiration of Authorization. Authorization to practice law under this section shall expire 24 months from the date of the order authorizing the applicant to practice law in the State of Arizona. If the applicant ceases full-time employment with the approved legal services organization before the 24-month period expires, an authorized representative of the organization shall, within five days of the date of termination of employment, file a notification of the termination with the Clerk of the Supreme Court of Arizona and the State Bar of Arizona, specifying the date of termination of full-time employment.

(4) Limitation of Activities. An attorney authorized to practice under this rule shall not perform any legal services within the State of Arizona except for clients of the approved legal services organization by which the attorney is employed full time. The attorney shall not accept any compensation for such services except such salary as may be provided to him or her by the organization.

(5) Supervision. An attorney authorized to practice under this section shall be supervised by an attorney who is an active member of the State Bar of Arizona, who is employed full time by the approved legal services organization for whom the applicant attorney works, and who will act as a supervisory lawyer pursuant to Rule 42 of the Rules of the Supreme Court of Arizona, ER 5.1.

Added Sept. 27, 1988, effective Oct. 1, 1988.
17A A. R. S. Sup. Ct. Rules, Rule 40
AZ ST S CT Rule 40