Arizona Character and Fitness Lawyer | Bar Complaints Attorney

The Character and Fitness application for licensure with the State Bar of Arizona ensures that applicants for the Bar not only meet Arizona’s requirement for the practice of law, but also show the ability to perform professional work in an open and honest manner and are not a danger to the public. The State Bar requires the disclosure of personal and professional history from Arizona attorneys looking for admissions, including:

• Criminal history
• Bankruptcies
• Civil Actions
• Debts
• Past employment
• Other professional licenses
• Traffic Cases

Character and Fitness Committee

Any past incidents involving the issues listed above could trigger an investigation by the Arizona Supreme Court Committee of Character and Fitness (“Committee“). An investigation could result in:

• A request for further information
• Informal Inquiry
• Informal Hearing

The Committee may, after further questions, investigation or hearing, recommend:

• Recommendation for Admission
• Denial of Admission
• Denial of Admission with suggestions for future re-application
• Conditional Admission (conditioned on compliance with terms)

The 2020 Annual Report of the Attorney Regulation Advisory Committee to the Arizona Supreme Court listed there were (after Informal Inquiries in 2020):

• Regular Admission 38
• Conditional Admission 5
• Referred for Formal Hearing 6
• Withdrew Application 2

Arizona Bar Application Guidelines on Substance Abuse

The Committee Guidelines provides guidance for applicants to the Arizona Bar with past substance abuse issues. Specifically, Rule 36(g) provides:

“An applicant who has engaged in conduct that could have
previously rendered him or her unfit to practice law may be conditionally admitted
if the applicant shows meaningful and sustained rehabilitation and otherwise
satisfies the eligibility requirements for admission…”

If the Applicant’s substance abuse conduct occurred within the 24 months prior to submission of the application the Committee will order a substance abuse evaluation for the applicant. The Committee will require an informal hearing with the applicant if:

• If the applicant has less than 24 months of sobriety;
• If there is evidence of alcohol or drug-influenced criminal behavior (regardless of conviction) within the past 7 years, regardless of what the independent evaluator says about current dependence or lack thereof;
• If there is disagreement between the independent evaluator and applicant’s evaluator on issue of sustained remission or dependence; or
• If the applicant has a pattern of abstinence and relapse.

Most importantly, the Committee has stated criteria for applicants with substance abuse issues that are not eligible for admission. Those include:

• Cannot prove sobriety for a period of 6 months prior to application; or
• Has a pattern of abstinence and relapse, and applicant cannot demonstrate full sustained remission for a period of 24 consecutive months; or
• Applicant fails to demonstrate that substance abuse will not affect his ability to practice law.

Chelle Law can assist applicants with the AZ Bar that have struggled with substance abuse formulate a plan which provides them with the best chance to get their application approved.

Types of State Discipline

The 2020 Annual Report of the Attorney Regulation Advisory Committee to the Arizona Supreme Court listed there were the following actions against attorneys licensed in Arizona in 2020:

• Disbarred 8
• Suspended 36
• Reprimanded 24
• Diversion Agreements 122
• Dismissals with Comment 191

As a lawyer, receiving a charge or inquiry letter from the State Bar of Arizona can be a scary thing. After receipt of the inquiry letter, the lawyer must respond to the Bar within the time frame listed within the letter. In 2020 the Bar received 2285 charges with 403 of those referred to investigation. Our Arizona Lawyer Discipline Counsel can assist with all Arizona Bar issues.

Attorney Discipline after Intake Review

However, most of the time an inquiry initiated after the Bar receives a “complaint” against a lawyer will begin with a call from an Intake Attorney with the Bar’s Lawyer Regulation Department. This Department resolves disputes and investigates allegations of misconduct, incapacity or lack of professionalism. After the intake call the Bar can:

• Dismiss the charge
• Offer Diversion
• Prepare a Written Charge and refer the matter to the Litigation Department

Legal Ethics Practice

If you’re interested in learning more about our Arizona Bar Complaint Attorney services and how to protect your license, set up a consultation with Chelle Law and reach out to us today.

Arizona Lawyer Discipline Counsel

The 2020 Annual Report of the Attorney Regulation Advisory Committee to the Arizona Supreme Court listed there were the following disciplinary actions against attorneys licensed in Arizona in 2020:

• Disbarred 8
• Suspended 36
• Reprimanded 24
• Diversion Agreements 122
• Dismissals with Comment 191

As a lawyer, receiving a charge or inquiry letter from the State Bar of Arizona can be a scary thing. After receipt of the inquiry letter, the lawyer must respond to the Bar within the time frame listed within the letter. In 2020 the Bar received 2285 charges with 403 of those referred to investigation for disciplinary review.

Attorney Discipline after Intake Review

However, most of the time an inquiry is initiated after the Bar receives a “complaint” against a lawyer will begin with a call from an Intake Attorney with the Bar’s Lawyer Regulation Department. This Department resolves disputes and investigates allegations of misconduct, incapacity or lack of professionalism. After the intake call the Bar can:

• Dismiss the charge
• Offer Diversion
• Prepare a Written Charge and refer the matter to the Litigation Department

Litigation Department Screening Investigation

The vast majority of charges are concluded in the Intake Department; however, if the charge is not dismissed or resolved via diversion, it will move forward for a screening investigation with the Arizona Bar’s Litigation Department. The Department’s assigned attorney reviews the charge, the lawyer’s response and the gathered evidence. The Bar’s attorney can continue to investigate and obtain additional evidence if desired. The assigned Litigation attorney then creates a Report of Investigation and makes recommendation to conclude the matter. The Litigation Department investigation can conclude via:

• Dismissal
• Diversion
• Discipline

Arizona Unauthorized Practice of Law Counsel

The Arizona Supreme Court has jurisdiction over any person or entity engaged in the authorized or unauthorized practice of law (upl) in Arizona via Rule 31 of the Arizona Rules of the Supreme Court. The practice of law is defined as the following:

• Preparing or expressing legal opinions to or for another person or entity;
• Representing a person or entity in a judicial, quasi-judicial, or administrative proceeding, or other formal dispute resolution process such as arbitration or mediation;
• Preparing a document, in any medium, on behalf of a specific person or entity for filing in any court, administrative agency, or tribunal;
• Negotiating legal rights or responsibilities on behalf of a specific person or entity; or
• Preparing a document, in any medium, intended to affect or secure a specific person’s or entity’s legal rights.

Unauthorized Practice of Law Jurisdiction

The State Bar of Arizona can take action against an Arizona attorney that has been disbarred or suspended lawyers that continue to practice law or lawyers admitted in other states that are practicing law in AZ. The Bar can also take action against non-lawyers who are practicing law through expenses, costs and cease and desist orders. Thus those subject to the unauthorized practice of law are:

• Disbarred or suspended lawyers
• Out of State lawyers
• Non-lawyers

The Arizona Bar primarily handles the cases involving Arizona lawyers and lawyers from out of state. Non-lawyer cases are usually handled by the Arizona Superior Courts.

Arizona Bar Criminal Self Report

Rule 54. Grounds for Discipline of the Rules of the Supreme Court of Arizona, Arizona Revised Statutes holds that an attorney licensed in Arizona may be disciplined by the State Bar of Arizona upon the conviction of certain crimes. Rule 54 holds that an attorney shall be disciplined for:

• Conviction of a misdemeanor involving a serious crime
• Conviction of ANY felony

A serious crime is defined as any crime that involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful extortion, misappropriation, theft or moral turpitude. A conspiracy, a solicitation of another or any attempt to commit a serious crime, is considered a serious crime.

The lawyer’s criminal serious crime or felony conviction is treated and processed like any other charge against a lawyer, except that the sole issue to be determined shall be the extent of the discipline to be imposed not whether the attorney should be disciplined at all.

Attorney Duty to Self-Report

Arizona Supreme Court Rule 61 describes the attorney’s duty to self-report certain criminal convictions to the State Bar of Arizona.

A lawyer shall, within twenty (20) days after the entry of judgment of a conviction of a misdemeanor involving a serious crime (as defined above) or of any felony, release records and report the following information to chief bar counsel:

• Name
• bar number
• address of record with the state bar,
• current address if different from the address of record;
• the name of the court in which the judgment of conviction was entered;
• the case or file number in which the judgment of conviction was entered; and
• the date the judgment of conviction was entered.

Criminal Conviction of a Felony

A lawyer shall be suspended after the clerk’s receipt of proof of the lawyer’s conviction of a felony under either state or federal law, regardless of post conviction motions or an appeal, unless within ten (10) days of the clerk’s receipt of proof of the conviction the member files with the presiding disciplinary judge a verified motion showing good cause why the suspension should not be entered.

The presiding disciplinary judge may permit the lawyer to present oral argument in support of the lawyer’s motion and shall promptly grant or deny it. If the motion is denied, the lawyer shall be suspended as of the date the motion is denied. If the motion is granted, the lawyer shall not be suspended pending completion of a proceeding based on such conviction.

Consultation with Chelle Law Attorney

If you’re interested in learning more about our Arizona Bar Complaint Attorney services and how to protect your license, set up a consultation with the law firm Chelle Law and reach out to us today. The contact form is available via the website.