www.myazbar.org
Transcription
www.myazbar.org
www.myazbar.org 1 WHO WE ARE MISSION The State Bar of Arizona serves the public and enhances the legal profession by promoting the competency, ethics and professionalism of its members and enhancing the administration of justice. CORE VALUES There are key values that guide our work. These values shape our efforts and ensure that our approaches are consistent with our results. • Integrity • Service to Clients and the Public • Diversity • Professionalism • Promoting Justice • Leadership The State Bar is governed by a 30-person Board of Governors whose members are primarily lawyers elected to three-year terms by Bar members. Among the board members are four nonlawyers appointed to represent the public. www.myazbar.org 2 CONTENTS WELCOME FROM JOHN F. PHELPS...............................................................4 WELCOME FROM KEVIN RUEGG..................................................................5 OATH OF ADMISSION....................................................................................6 NEW MEMBER CHECKLIST...........................................................................7 STAFF QUICK REFERENCE LIST..................................................................8 PROFESSIONAL RESPONSIBILITIES............................................................9 Professionalism Course..................................................................................................9 Membership Fee.............................................................................................................9 MCLE...............................................................................................................................9 Interest on Lawyers’ Trust Accounts (IOLTA)...................................................................9 Supreme Court Rules and Resources at a Glance.........................................................9 LAWYER REGULATION...............................................................................10 Professional Conduct....................................................................................................10 Attorney/Consumer Assistance Program (A/CAP)........................................................10 The Discipline Process..................................................................................................10 Diversion.......................................................................................................................10 Unauthorized Practice of Law.......................................................................................10 SPECIAL SERVICES....................................................................................11 Ethics Opinions.............................................................................................................11 Fee Arbitration...............................................................................................................11 Client Protection Fund...................................................................................................11 Government Relations...................................................................................................11 Peer Review..................................................................................................................11 MEMBER SERVICES....................................................................................12 Advertising Discounts....................................................................................................12 Arizona Attorney Magazine...........................................................................................12 Communications............................................................................................................12 Continuing Legal Education..........................................................................................12 Diversity.........................................................................................................................12 eLegal............................................................................................................................12 Free Legal Research.....................................................................................................13 Law Office Management Assistance Program (LOMAP)..............................................13 Legal Specialization......................................................................................................13 Member Assistance Program (MAP).............................................................................13 Member Discounts........................................................................................................14 Membership Directory...................................................................................................14 Online Services.............................................................................................................14 Public Information Brochures........................................................................................14 NETWORKING OPPORTUNITIES.................................................................15 Young Lawyers Division................................................................................................15 Committees...................................................................................................................15 Sections.........................................................................................................................16 Convention....................................................................................................................16 Mentor Program............................................................................................................16 IMPORTANT FORMS....................................................................................17 CRITICAL DATES CALENDAR......................................................................23 www.myazbar.org 3 Dear New Member: Congratulations! On behalf of the Board of Governors of the State Bar of Arizona and all Arizona lawyers, I welcome you as a new member of the Bar. You join colleagues in an honored profession dedicated to serving those in need of legal services and safeguarding our justice system. The State Bar is your professional home. We offer a wide range of services, products and programs designed to help you develop professionally and to serve your clients. Most of those services are available on the Bar’s Web site devoted to members: www.myazbar.org. I encourage you to get involved in Bar programs sooner rather than later. Participation in Bar activities helps you grow professionally and gives you an opportunity to shape the future of our legal profession. And you’ll meet some pretty amazing people—some will become lifelong mentors and friends. New attorneys (37 or younger or with five years or less in practice) automatically become a member of our Young Lawyers Division at no cost. You may also join one or more of our 29 Sections at any time during the year. You can find a list of Bar Sections and information on how to join at: www.myazbar.org/SecComm/sections.cfm. As a new member, your name will be automatically added to our mailing lists and you will begin receiving Arizona Attorney magazine; eLegal, our electronic newsletter; and the annual Membership Directory. The State Bar of Arizona is here to serve you. Please do not hesitate to call on us. I wish you much success in your future endeavors, whether that be here in Arizona or elsewhere. Best wishes for continued success and prosperity. Very truly yours, John F. Phelps CEO/Executive Director State Bar of Arizona Member (since 1986), State Bar of Arizona 4201 N. 24th Street • Suite 200 • Phoenix, AZ 85016-6288 www.myazbar.org PH: 602-252-4804 • FAX: 602-271-4930 • PUBLIC: www.azbar.org • MEMBERS: www.myazbar.org 4 Welcome! Congratulations on your recent admittance to the State Bar of Arizona! The Arizona Foundation for Legal Services & Education (Foundation) extends a warm welcome and appreciation for the dedication that brought you to this day as a member of the State Bar of Arizona. You are joining thousands of dedicated men and women who assure integrity and equality in our Arizona justice system. The Foundation is the non-profit organization designated by the Arizona Supreme Court to provide stewardship of the Arizona IOLTA program. I understand if an IOLTA Trust account is not on the top of your list of concerns right now, so please, just use this note as a reference. At the Foundation website – www.azflse.org - you will find information and the forms needed to assist you in remaining in compliance with the Court Rule and ease communication with your financial institution. Your active participation in the IOLTA program is one of the easiest avenues for you to make an impact in promoting equal justice. By just following the checklist below, you will be assisting in the promotion of access to justice for all Arizonans. Many Arizonans are unable to secure that needed legal expertise on their own. Right now there are thousands who only receive the legal assistance they require during their time of crisis because of the diligence and generosity of your profession. We thank you in advance and are proud to serve as your Foundation. In Service, Dr. Kevin S. Ruegg Executive Director/CEO Make the Most of Your IOLTA Investment • Make sure the bank is an approved participating financial institution. • Ask your bank to offer the highest interest rate possible on the balance. • Ask your bank if they forego fees on the IOLTA accounts charged against interest. • Let your bank know they cannot offer earnings credits back to you on the IOLTA accounts. • If the client can earn interest on his/her funds, open a separate trust account. • Ask your bank about their extended FDIC coverage on IOLTA balances. • Make sure to put the words “IOLTA” or “Trust” into the name of your IOLTA account. For more information on IOLTA, the programs supported, how the initiative operates, and ways to be involved in the broader work of the Foundation go to www.azflse.org www.myazbar.org or call Lara Slifko, Resource Director, 602.340.7235. 5 The oath of admission to the bar I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Arizona; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceeding that shall appear to me to be without merit or to be unjust; I will not assert any defense except such as I honestly believe to be debatable under the law of the land; I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor; I will never seek to mislead the judge or jury by any misstatement or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my client; I will accept no compensation in connection with my client’s business except from my client or with my client’s knowledge and approval; I will abstain from all offensive conduct; I will not advance any fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, nor will I delay any person’s cause for greed or malice; I will at all times faithfully and diligently adhere to the rules of professional responsibility and a lawyer’s creed of professionalism of the State Bar of Arizona. www.myazbar.org 6 New Member checklist q Take the Professionalism Course within one year of admission. q Pay annual membership fee no later than February 1. q File MCLE affidavit by September 15. (MCLE academic year ends June 30.) q Establish an IOLTA account if appropriate. q Notify State Bar of any changes in address, phone or e-mail. q Regularly check www.myazbar.org for news from your State Bar. Regularly check www.azflse.org for updates regarding approved IOLTA banks. www.myazbar.org 7 Staff Quick Reference List STATE BAR OF ARIZONA 4201 N. 24th Street, Suite 200, Phoenix, Arizona 85016-6288 PHONE (602) 252-4804 • FAX (602) 271-4930 1-866-48-AZBAR (toll-free outside Maricopa County) All phone numbers are in area code 602 unless otherwise noted. SOUTHERN REGIONAL OFFICE 270 N. Church Tucson, AZ 85701-1113 (520) 623-9944 fax (520) 623-9974 PHOENIX OFFICE CEO/Executive Director................................. John F. Phelps, 340-7200 Executive Assistant.......................................... Nina Benham, 340-7329 ADMINISTRATION & FINANCE Chief Administrative Officer...................... Colleen McManus, 340-7291 Chief Financial Officer............................... Thomas Johnson, 340-7392 Manager................................................................................. Amy Ihrke HUMAN RESOURCES Manager................................................... Shanita Patterson, 340-7204 SPECIAL SERVICES Client Protection Fund................................. Karen Weigand, 340-7286 Ethics Counsel............................................Patricia A. Sallen, 340-7284 Fee Arbitration Program....................................Peggy Alford, 340-7379 General Counsel............................................... John Furlong, 340-7233 Government Relations.............................Kathleen Lundgren, 340-7371 LAWYER REGULATION Chief Bar Counsel...................................................................340-7233 Lawyer Regulation Records Manager.........Sandra Montoya, 340-7353 Unauthorized Practice of Law..........................Savita Kasturi, 340-7243 MEMBER SERVICES Address Corrections................................... Resource Center, 340-7239 Arizona Attorney Editor............................................Tim Eigo, 340-7310 CLE Director . .....................................................Lisa Deane, 340-7316 CLE Publications Coordinator............................Ilona Kukan, 340-7320 Communications........................................ Patricia Giallanza, 340-7226 Convention Hotline .................................................................340-7315 Diversity Director............................................. I. Godwin Otu, 340-7389 Law Office Management Assistance Program Director (LOMAP)...............................Maria Bahr, 340-7313 MCLE.......................................................... Resource Center, 340-7239 Member Assistance Program (MAP)..................... Hal Nevitt, 340-7334 Member Benefits........................................ Resource Center, 340-7239 Membership Directory Purchases.............. Resource Center, 340-7239 Membership Fees....................................... Resource Center, 340-7239 Resource Center Director...................................Betty Flores, 340-7215 Sections, Committees & YLD Director.....................................340-7302 Specialization Administrator....................................................340-7302 HOTLINES A/CAP...................................................................................... 340-7280 CLE Information....................................................................... 340-7325 CLE Registration..................................................................... 340-7339 Convention.............................................................................. 340-7315 Ethics....................................................................................... 340-7284 Fee Arbitration......................................................................... 340-7288 MAP Crisis......................................................................(800) 681-3057 MCLE/BLS............................................................................... 340-7300 Membership Records.............................................................. 340-7239 Mentor..................................................................................... 340-7314 WEB SITES State Bar of Arizona Members................................................................... www.myazbar.org Public............................................................................. www.azbar.org www.myazbar.org 8 Professional Responsibilities Professionalism Course Every new attorney is required to take the Professionalism Course within one year of admission. Some of Arizona’s most highly respected lawyers teach this course, providing insight on professional standards, ethical concerns, and client relations. The Bar has a CLE (Continuing Legal Education) Department that develops and provides continuing legal education programs and the MCLE (Mandatory Continuing Legal Education) Department that is responsible for ensuring all members file their MCLE affidavits and for carrying out random MCLE audits. To view a schedule of courses and register on-line, go to: www.legalspan.com/azbar/calendar.asp Information about the regulation of the practice of law is at Rule 31, Ariz.R.S.Ct. and the organization of the State Bar is at Rule 32, Ariz.R.S.Ct. or call A/CAP at 602-340-7280. Membership Fee The Arizona Supreme Court Rules require an annual membership fee for active, inactive, retired and judicial members that is payable no later than February 1 of each year. Failure to comply with this requirement may result in delinquency fees and possible summary suspension. Ethical Rules are Rule 42, Ariz.R.S.Ct. and ethics counsel is available to assist with your ethics question at the Ethics Hotline 602-340-7284. Looking for resources to help with your practice, publication information is available on the Bar’s website at www.myazbar.org under the CLE tab. Please review the guide to Member Services for helpful information about other Bar services. Contact: Resource Center, (602) 340-7239 [email protected] Contact: Resource Center, (602) 340-7239 [email protected] www.myazbar.org/MCLE Mandatory continuing legal education (MCLE) Each year members must submit a signed Mandatory Continuing Legal Education (MCLE) affidavit to the State Bar no later than September 15. The Bar’s MCLE Department is responsible for ensuring all members file their MCLE affidavits. The department also carries out random MCLE audits. Interest on Lawyers’ Trust Accounts (IOLTA) The Arizona Foundation for Legal Services & Education administers the IOLTA program under a mandate found in Rule 43 of the Arizona Supreme Court Rules. Funds derived from such accounts support programs to deliver legal services to the poor, educate children about the law, and improve the administration of justice. Contact: Resource Center, (602) 340-7239 [email protected] Rule 45, Ariz.R.S.Ct., MCLE requirement for all ARIZONA attorneys and other useful info In particular New Admittees should check Rule 45(b)(4), Ariz.R.S.Ct. to understand how your admission date effects your other rule 45 obligations. To comply with this rule, each Arizona attorney who receives client funds must establish an interest-bearing client trust account directing that the interest be sent to the Arizona Foundation for Legal Services & Education, and register their compliance. Exempt attorneys also must register their compliance. Every attorney is also required to take a Professionalism Course Rule 45(a)(3), Ariz.R.S.Ct. Information about upcoming Professionalism Courses and other programs is available by calling 602-340-7322. Contact: Lara Slifko, (602) 340-7235 [email protected] www.azflse.org/azflse/IOLTA/lawyersenroll.cfm Supreme Court Rules and Resources at a Glance Change of Address – Rule 32(c)................................................................................Resource Center, (602) 340-7239 IOLTA – Rule 43...................................................................................................................Lara Slifko, (602) 340-7235 MCLE – Rule 45(c)....................................................................................................Resource Center, (602) 340-7239 Membership – Rule 32(c)...........................................................................................Resource Center, (602) 340-7239 Professionalism Course – Rule 34(h) and 45(a)(3)...................................................Resource Center, (602) 340-7239 Regulation of Practice of Law – Rule 31........................................................................A/CAP Hotline, (602) 340-7280 Rules of Professional Conduct – Rule 42 (bar charges)................................................A/CAP Hotline, (602) 340-7280 Rules of Professional Conduct – Rule 42 (prospective advice to lawyers).....................Ethics Hotline, (602) 340-7284 State Bar Governance – Rule 32................................................................................. Carrie Sherman (602) 340-7201 www.myazbar.org 9 Lawyer Regulation Professional Conduct All Arizona attorneys must follow the Rules of Professional Conduct, the ethical code established by the Arizona Supreme Court, and the State Bar Trust Account Guidelines, which define a lawyer’s duty to safeguard client funds and appropriately manage a trust account. The rules and guidelines are contained in Rules 41, 42 and 43 of the Arizona Rules of the Supreme Court and can be found in Volume 17A of the Arizona Revised Statues and the Supreme Court, Web site, www.supreme.state. The Office of Lawyer Regulation is responsible for investigating and prosecuting charges of unethical conduct on the part of Arizona attorneys. Anyone may file a complaint with the State Bar. Staff Bar counsel reviews all charges to determine whether an investigation should be conducted. In some cases, staff Bar counsel refers the matter to another State Bar program, such as Fee Arbitration or Peer Review. The State Bar also has a mediation program for resolving some disputes between lawyers and clients. Contact: Chief Bar Counsel, (602) 340-7233 www.myazbar.org/LawyerRegulation/resources.cfm Attorney/Consumer Assistance Program (A/CAP) The Attorney/Consumer Assistance Program (A/CAP) serves as the intake and prescreens functions of the State Bar’s Lawyer Regulation Office. A/CAP allows concerned individuals – attorneys and consumers – to speak with an attorney who is trained in dispute resolution and interpersonal communication, and who also is knowledgeable in the Arizona disciplinary process. A/CAP attorneys listen, gather information, inform, and, as appropriate, attempt to resolve concerns brought to their attention. When appropriate, they attempt to rebuild the trust between the complainant – perhaps a client or opposing attorney – and the attorney about whom the inquiry is made. In any event, serious complaints are referred to Bar counsel for investigation. Contact: A/CAP Hotline, (602) 340-7280 www.azbar.org/WorkingWithLawyers/ACAP.cfm The Discipline Process Screening is the process of reviewing a disciplinary “charge,” which is any claim of misconduct or incapacity. Designated staff Bar counsel reviews each charge. If it is determined that matter should be investigated, a screening file is opened and the respondent lawyer is asked to file a response. After receiving all necessary information during the investigation stage, Bar counsel prepares a written summary of the file and recommends a disposition to the Probable Cause Panelist. The respondent and complainant are advised of the decision of the Probable Cause Panelist. Complainants may appeal dismissals by Bar counsel, but not a dismissal from the Panelist. Formal proceedings in discipline or disability cases commence after a finding of probable cause by the Panelist. The State Bar files a formal complaint and the lawyer faces a formal hearing before a Hearing Officer appointed by the Supreme Court. The Hearing Officer can recommend dismissal, diversion, informal reprimand, probation, restitution, censure, suspension or disbarment, costs and expenses, or a combination of sanctions. Where no objection is filed by the lawyer or the State Bar, dismissals, referrals to diversion and informal reprimands are final at this level. If an objection is filed or if a more serious sanction is recommended, the case is reviewed by the Disciplinary Commission of the Supreme Court, comprised of six lawyers and three public members. The Supreme Court must approve all sanctions, which include censures, suspensions and disbarments, and exercises discretionary review of discipline cases either in response to a petition for review or sua sponte. More information about formal disciplinary proceedings can be obtained from the State Bar Web site, and the Disciplinary Clerks; section of the Supreme Court Web site, www.supreme.state.az.us/dc/. Contact: Sandra Montoya, (602) 340-7353 [email protected] www.azbar.org/WorkingWithLawyers/discproc.cfm Diversion Minor acts of ethical misconduct may be resolved through Arizona’s award-winning diversion program, which received national recognition from the American Bar Association. Through this program, lawyers who have committed low-level ethical violations receive help from the Law Office Management Assistance Program, the Member Assistance Program, ethics school or other State Bar programs, such as Continuing Legal Education. Under the terms of a diversion contract, the attorney is monitored for up to two years to ensure that the misconduct does not recur. Unauthorized Practice of Law (UPL) The State Bar reviews all complaints regarding the unauthorized practice of law, compiles a database of such complaints and then either coordinates with other agencies to investigate or processes the complaints through the Supreme Court’s regulatory procedure for unauthorized practice of law matters. The Consumer Protection/UPL Advisory Committee considers unauthorized practice of law issues and provides community education programs and CLE courses. www.myazbar.org 10 Contact: Savita Kasturi, (602) 340-7243 [email protected] www.myazbar.org/LawyerRegulation/upl.cfm Special Services Ethics Opinions The volunteer members of the State Bar’s Committee on the Rules of Professional Conduct (Ethics Committee) and Ethics Counsel for the Bar provide attorneys in Arizona with non-binding ethics advice. The Committee may issue written advisory opinions, and Ethics Counsel will provide advice by telephone regarding that lawyers’ own prospective conduct. The Committee and Ethics counsel cannot render opinions concerning a lawyers’ past conduct or the conduct of another lawyer. Formal ethics opinions issued from 1985 to the present are available on the State Bar Web site. Contact: Patricia A. Sallen, Ethics Hotline, (602) 340-7284 www.myazbar.org/Ethics Fee Arbitration Through the State Bar Fee Arbitration Program, fee disputes between lawyers and clients can be arbitrated at no cost to the parties. Participation is voluntary, and the parties must agree to be bound by the decision of the arbitrator or arbitration panel for a hearing to go forward. In order to participate in the program, the fee dispute amount must be at least $500. “A sole lawyer-arbitrator reviews disputes of $10,000 or less; a panel of two lawyers and one non-lawyer, upon request, reviews disputes above that amount. Contact: Peggy Alford, (602) 340-7379 [email protected] www.azbar.org/WorkingWithLawyers/feearb.cfm Client Protection Fund This fund, created by a vote of the State Bar membership in 1960 and supported by an annual fee from all Arizona lawyers, reimburses clients who have suffered a financial loss due to dishonest acts of their lawyers. Claims are only eligible for consideration if the lawyer is deceased, disbarred, suspended for more than six months, transferred to disability inactive status or interim suspension, or has been convicted of a crime arising out of the same facts. Government Relations The Government Relations Department monitors state and federal legislative proposals affecting the legal profession, the Courts and various areas of law. The department also lobbies for positions on behalf of the State Bar under the direction of the Board of Governors. In addition, Government Relations monitors proposed amendments to the rules of court before the Arizona Supreme Court and the U.S. District Court for the District of Arizona. While Government Relations can be a useful source of such information, the following sources are publicly available: Arizona State Legislature..................................... www.azleg.gov Arizona Capitol Switchboard....... (602) 542-4900, (800) 352-8404 Congressional Legislation.......................... http://thomas.loc.gov U.S. Capitol Switchboard......................................... (202) 224-3121 Supreme Court of Arizona................. www.supreme.state.az.us U.S. District Court for the District of Arizona.............................. ..................................................................... www.azd.uscourts.gov Contact: Kathleen Lundgren, (602) 340-7371 [email protected] www.myazbar.org/Members/GovernmentRelations.cfm Peer Review The Peer Review Committee addresses issues of unprofessional conduct that do not rise to the level of an ethical violation under the Rules of Professional Conduct. Common professionalism complaints include lack of civility and rude behavior between lawyers or between lawyers and their clients; and poor communications between lawyers and experts or health care professionals. Committee members investigate and resolve complaints promptly, in some cases by telephone or, in other appropriate cases, by offering to mediate the dispute. Whether a claim is paid and the amount to be paid is at the sole discretion of the Client Protection Fund Board of Trustees. The maximum amount that may be paid per client is $100,000; the maximum amount payable per lawyer regardless of the number of clients submitting claims is $200,000. Effective June 1, 2009, the maximum amount payable per lawyer will increase to $250,000. Contact: Karen Weigand, (602) 340-7286 [email protected] www.azbar.org/cpf www.myazbar.org 11 Contact: Peggy Alford, (602) 340-7379 [email protected] Member Services Advertising Discounts State Bar members are eligible for discounts on both classified and display advertising in Arizona Attorney magazine. Member referral ads are also available for purchase in the annual State Bar of Arizona Membership Directory. Use Online Classifieds to post jobs, office space and more! www.myazbar.org/Members/mem_ben.cfm Contact: Kate Cortez, (602) 340-7306 [email protected] www.myazbar.org/members/advertisingopps.cfm Arizona Attorney Magazine Your membership includes a free subscription to Arizona Attorney, a monthly magazine that keeps you informed on legal topics, trends and the legal community. Arizona Attorney contains substantive articles contributed by attorneys, member profiles, State Bar news and other information of interest. State Bar members are encouraged to submit articles and items for publication. Bar members are eligible for discounts on advertising. Contact: Tim Eigo, (602) 340-7310 [email protected] www.myazbar.org/AZAttorney/ Communications The Communications Department publishes eLegal for members, partners with 12 News to produce the monthly public service program Lawyers on Call, sponsors the annual Law Day program, operates the Speakers Bureau, conducts member surveys, and notifies members of important rule changes and legal developments. Continuing Legal Education The CLE Department creates educational opportunities for you to expand your professional knowledge and improve your technical skills, as well as fulfill the annual MCLE requirement. Annually, the department presents more than 90 live seminars and dozens of live webcasts; and produces online (interactive and self-study), CD and DVD video programs covering a full spectrum of legal topics. The department publishes a variety of books that offer information on current legal developments, as well as useful “how-to” guidance. For a list of seminars, publications, online programs and self-study materials see www.myazbar.org/CLE. Seminar Registrations: Resource Center, (602) 340-7322 CLE Registration Hotline, (602) 340-7339 [email protected] Publications: Ilona Kukan, (602) 340-7320 [email protected] www.legalspan.com/AZBar/publications.asp Diversity The Diversity Department is charged not only with the responsibility of facilitating the Bar’s diversity efforts but with that of administering the Bar Leadership Institute. The Leadership Institute is a one-year program designed to foster the professional growth and enhance the leadership skills of a diverse group of Arizona attorneys. The purpose is to increase participation and visibility in the State Bar and community-atlarge among historically under-represented groups, with an emphasis on racial, ethnic, cultural, religious, gender, sexual orientation, gender identity and expression, disability and geographic diversity. Contact: I. Godwin Otu, (602) 340-7389 [email protected] www.myazbar.org/Diversity/ Contact: Patricia Giallanza, (602) 340-7226 [email protected] eLegal eLegal is the electronic newsletter produced by the State Bar for its members. It is published twice a month and contains information to help you with your practice and keep you up-todate on Bar news and legal issues. The newsletter also features ethics opinions and recent court decisions. eLegal is automatically delivered free of charge to members who provide the Bar with their e-mail addresses. Contact: Rachael Myer, (602-340-7293) [email protected] www.myazbar.org/Members/eLegal.cfm www.myazbar.org 12 Member Services Free Legal Research State Bar of Arizona members enjoy comprehensive and complete access to Fastcase free of charge. You can search: Federal Law • U.S. Supreme Court Cases • Federal Circuit Courts • Federal District Courts •Bankruptcy Courts • The U.S. Code • U.S. Code of Federal Regulations Legal Specialization The Board of Legal Specialization has more than 700 attorneys certified in the areas of Bankruptcy Law, Criminal Law, Estate & Trust Law, Family Law, Injury and Wrongful Death Litigation, Real Estate Law, Tax Law and Workers’ Compensation Law. Certification assists consumers by informing them of attorneys who have demonstrated specific competence in various areas of the law and assists other attorneys with referrals. Only those certified by this program may hold themselves out as “specialists.” Although the State Bar does not provide attorney referrals to the publics, it does provide lists of certified specialists to consumers upon request. Special Courts • Board of Tax Appeals • Tax Court Memorandum Decisions • U.S. Customs Court Certification standards require that applicants be admitted to the practice of law for at least five years (seven for criminal law and real estate law Certification), of which a minimum of two years must be within Arizona. To be certified as a legal specialist, an applicant must demonstrate substantial involvement in the specialty field and successfully pass a written exam and peer review. Call the State Bar to obtain a copy of the standards or go to the Web site, www.myazbar.org/Members/legalspec.cfm. State Law - Access to all 50 States • Supreme and Appellate Court Cases • Statutes • Regulations • Constitutions • Court Rules Contact: Penny Lewis, (602) 340-7326 [email protected] www.myazbar.org/Members/legalspec.cfm Contact: Resource Center, (602) 340-7239 [email protected] www.myazbar.org/fastcase/info.cfm Law Office Management Assistance Program (LOMAP) LOMAP provides confidential management consulting services to members seeking voluntary services. Its staff reviews and recommends changes to office practices and procedures including Trust Account Management, and helps to implement those changes. LOMAP also provides information for setting up new law offices and will answer a variety of management and technology questions over the telephone. Brief consultations are provided at no charge, with additional services, provided either telephonically or on-site, charged at a reasonable rate thereafter. Practice Management Advisor Susan Traylor is certified to provide training and customization of three popular case management software programs. For a free 30-minute consultation regarding selection of case management software or to schedule training or customization, call the LOMAP office. Member Assistance Program (MAP) MAP assists members to improve their delivery of services to clients, and overall quality of life, by addressing issues such as stress, depression, marriage or family concerns, and other psychological challenges associated with the practice of law. In addition, should a member require assistance to address alcohol, substance abuse, or addiction issues, MAP will help locate the appropriate services and resources. This confidential assistance may include referrals to trained volunteer committee members as well as referrals to health care professionals who have agreed to accept referrals from the program. A director, staff and trained volunteer committee members provide assistance. A no-charge confidential crisis line is available 24 hours a day. Contact: Susan Traylor, (602) 340-7355 [email protected] Maria Bahr, (602) 340-7313 [email protected] www.myazbar.org/Members/lomap.cfm www.myazbar.org 13 Contact: Hal Nevitt, (602) 340-7334 [email protected] Maria Bahr, (602) 340-7313 [email protected] Crisis Hotline, (800) 681-3057 www.myazbar.org/Members/MAP Member Services Member Discounts State Bar members can save money on online legal research, car rentals, long distance service, insurance (business, health, disability, long-term health care, auto), phone and Web conferencing, overnight shipping and more! Members are also eligible to join the ABA Retirement Program. For more information on all of these programs visit www.myazbar.org/Members/mem_ben.cfm. Membership Directory Every year, State Bar active members receive a free and comprehensive directory that lists members alphabetically and geographically. Also included are lists of courts, government agencies and Bar information. Additional copies of the Membership Directory are also available to purchase for your staff. Contact: Resource Center, (602) 340-7239 [email protected] Online Services The State Bar’s Web site is your connection to the latest lawrelated news, information, services and programs 24 hours a day. The site, www.myazbar.org, contains resources that can help you in your practice, connect you to your colleagues and provides important information from the State Bar. FEATURES INCLUDE: AzBar Online Yellow Pages Find expert witnesses and other professional service providers for your practice at www.myazbar.org/Members/yellowpages.cfm. Member Finder Search the online directory of State Bar members. Go to www.myazbar.org/Members/Memberfinder/search.cfm. CLE Tracking The CLE tracking function enables you to keep track of your CLE hours at a glance. This includes both State Bar-sponsored CLE and other programs (State Bar programs appear automatically). The CLE tracking module allows you to add information on other programs you attend or listen to; MyAzbar.org will then total the credits to let you know your running total of CLE and ethic credits. Go to www.myazbar.org/CLE/cle_tracking_intro.cfm Law-Related Links An extensive list of links may assist you in your research. Go to www.myazbar.org/Members/legallinks.cfm Online Payments and Registration Throughout the year the Web site will be a convenient tool for you to register for legal education and special events, pay dues online and manage some of your personal information with the State Bar’s membership department. E-mail Services The State Bar provides its members with e-mail service. In addition to a permanent forwarding address (firstname. [email protected]), members can also choose the new Webbased AzbarMail service without having to forward to another address. AzbarMail (webmail.azbar.org) e-mail accounts allow users 50MB of free storage. Additional storage capacities are available for a small annual fee. Both accounts allow you to modify your password, forwarding address, etc., using the same interface. Go to www.webmail.azbar.org Subpoena Service Save time and money by expediting the creation and processing of subpoenas. Go to www.myazbar.org/subpoenas For Technical Support, (602) 340-7295 AzbarBios Post your enhanced biography and professional summary so potential clients and other lawyers can learn more about you. Features include a link to your firm’s Web site, a professional profile in which you describe your expertise and speak directly to potential clients, a specialized “keyword search” function that allows users to search only the AzbarBios, specialized icons that let you indicate whether you offer a free initial consultation and accept credit cards, and “Send to a Friend” features that allows people to quickly share your information. Public Information Brochures A variety of brochures on general legal concepts and specific areas of law are available free to the public. Large volumes of these materials may be purchased by law offices for distribution to their clients. www.myazbar.org 14 Contact: Rachael Myer, (602) 340-7293 [email protected] www.azbar.org/LegalResources/brochures.cfm Active involvement in the organization will give you many opportunities to contribute to the legal profession and the pubic, while gaining a broad network of colleagues, access to information a shared knowledge and personal satisfaction. Young Lawyers Division The Young Lawyers Division (YLD) is a community and network for lawyers who are 37 or younger, or who have practiced law for fewer than five years. YLD offers opportunities to participate in community or Bar-related programs and social events. Membership is FREE and automatic for all attorneys. www.myazbar.org/SecComm/Sections/YL/ Committees The State Bar President appoints committee members each year to serve terms of one, two or three years. The standing committees advise and serve the Board of Governors in accordance with their specific charges. Additional committees and task forces may be appointed each year as deemed necessary by the Board. Committee meetings are held at various times between July and the following June, usually at the State Bar offices in Phoenix and Tucson. The State Bar Board supports balancing committee membership by practice area and is committed to promoting diversity within all of its programs, committees and activities. The Board periodically monitors all activities. To apply for a committee position, download an application from our Web site: www.myazbar.org/SecComm/Committees/apptform.cfm COMMITTEES OF THE STATE BAR OF ARIZONA Networking Opportunities www.myazbar.org 15 Appointments Arizona Attorney Editorial Board Board of Legal Specialization Civil Jury Instructions Civil Practice & Procedure Communications Advisory Continuing Legal Education Criminal Jury Instructions Criminal Practice & Procedure Family Law Practice & Procedure Fee Arbitration In-House Counsel Legal Services Mandatory Continuing Legal Education Member Assistance Mentor Program Minorities & Women on the Law Peer Review Persons with Disabilities in the Legal Professionalism Rules of Professional Conduct Sexual Orientation and Gender Identity Unauthorized Practice of Law/ Consumer Protection Sections Through a nominal dues payment, lawyers can participate as section members in their areas of practice. Section membership may include monthly program meetings, newsletters covering current topics, pending or adopted legislation update, recent case law and educational programs. Section members reach out to the public through educational programs, publications, pamphlets and other service activities. Section members serve as resources for inquiries the State Bar receives from outside organizations. To join a section, complete the enclosed enrollment form or sign up on your annual dues statement. New members receive one free section membership their first year. Section memberships run on a calendar-year basis, similar to State Bar membership. Additional information is available on www.myazbar.org/SecComm/sections.cfm Convention The Annual Convention, held in June, provides high-quality seminars and outstanding networking opportunities. An extensive exhibitors section showcases services and current technology to enhance your practice. The relaxed, casual atmosphere provides an opportunity to socialize with colleagues. Seminars on a wide variety of topics provide substantive law updates, and interesting speakers give new insights into timely issues. Contact: Convention Hotline, (602) 340-7315 Mentor Program Call the State Bar of Arizona Mentor Program and get connected with an experienced attorney. The “telephone” mentor program allows you to seek guidance from a mentor regarding a specific question in a particular area of practice. The one-to-one mentor program matches you to a mentor (for up to a year) in a similar geographic location or area of practice. Mentors volunteer their time with the goal of creating a more cooperative and collegial legal program. SECTIONS OF THE STATE BAR OF ARIZONA Networking Opportunities Contact: Maria Bahr, (602) 340-7314 [email protected] www.myazbar.org/SecComm/Sections/YL/becomementor.cfm www.myazbar.org 16 Administrative Law Alternative Dispute Resolution Animal Law Antitrust Law Appellate Practice Bankruptcy Law Business Law Construction Law Criminal Justice E-Commerce & Technology Law Elder Law & Mental Health Employment & Labor Law Environmental & Natural Resources Law Family Law Immigration Law Indian Law Intellectual Property Law International Law Juvenile Law Probate & Trust Law Public Lawyers Real Property Law Securities Regulation Sole Practitioner/Small Firms Tax Law Trial Practice Workers’ Compensation important forms IOLTA forms and a list of approved banks can be found online at www.azflse.org/AZFLSE/iolta/lawyersenroll.cfm www.myazbar.org 17 INSTRUCTIONS FOR COMPLETING THE IOLTA ENROLLMENT FORM Supreme Court Rule 43 establishes Arizona’s mandatory Interest on Lawyers’ Trust Accounts program (IOLTA). Rule 43 requires all attorneys who receive client funds in Arizona, or in connection with representation of clients in Arizona, to maintain an interest bearing trust account to pool client funds of minimal amounts. In order to be registered with the State Bar of Arizona, the Arizona Supreme Court, and the Arizona Foundation for Legal Services & Education as having complied with the requirements of Rule 43, it is necessary for you to complete an IOLTA Enrollment Form, even if your firm has an account already or you are exempt from the IOLTA account requirement. You are EXEMPT if you do not receive client funds in Arizona or in connection with representation of clients in Arizona. If exempt: • Check “Exempt” and complete the lower portion of the IOLTA enrollment form. You are NON EXEMPT if you do receive client funds in Arizona or in connection with representation of clients in Arizona. If nonexempt: • Check “Non Exempt” and complete the entire enrollment form. • If you are joining a firm with an existing IOLTA account, complete the form with your information and your firm’s bank information. • If you are opening a new IOLTA account, financial institutions are generally familiar with IOLTA requirements: (1) Complete the “Notification to Financial Institution” and send it to your financial institution to make certain the financial institution assigns the account the Foundation’s tax identification number, 95-3351710, and not your own, and that it understands that the interest is to be paid to the Arizona Foundation for Legal Services & Education; and (2) If the new account will be utilized by more than one attorney, send to the Arizona Foundation for Legal Services & Education, a list of all attorneys and their State Bar membership numbers along with your enrollment form. • Attach a blank deposit slip to the IOLTA enrollment form or firm letter. If you have questions about your Exempt/ Non Exempt status, please call the Ethics Hotline at 602-340-7284. If you need help setting up you IOLTA account, please call Tracy in the Law Office Management Assistance Program (LOMAP) department of the State Bar at 602-340-7219. www.myazbar.org 18 ARIZONA IOLTA ENROLLMENT FORM Check all that are applicable: q This is a change (in status or account information) in my IOLTA enrollment. q I have joined a firm with an existing IOLTA account. q I have a new IOLTA account. q I closed my former IOLTA account: Bank: ______________________________________________________________________________ Account #: _________________________________________________________________________ The undersigned declares his/her compliance with Arizona Supreme Court Rule 43 by checking one of the two alternate boxes: q EXEMPT: I HAVE NOT opened an interest-bearing trust account as I do not receive client funds in Arizona or in connection with representation of clients in Arizona. q NON-EXEMPT: I HAVE an interest-bearing trust account in compliance with Rule 43: ___________________________________________________________________________________ (Name of financial institution) ___________________________________________________________________________________ (Name of branch office) ___________________________________________________________________________________ (Mailing address of branch office) ___________________________________________________________________________________ (City) (State) (Zip) Name on the account:_______________________________________________________________________ Account number: ___________________________________________________________________________ If new, the date the account was established: __________________________________________________ WHETHER EXEMPT OR NON-EXEMPT, COMPLETE THE FOLLOWING: _________________________________________ (Your State Bar Membership No.) _ _______________________________________ (Your Signature) _________________________________________ (Firm Name) _ _______________________________________ (Print or Type your Name) _ _______________________________________ (Date) COMPLETE AND RETURN THIS FORM TO: Arizona Foundation for Legal Services & Education - IOLTA 4201 N. 24th Street, Suite 210 Phoenix, AZ 85016-6289 www.myazbar.org 19 NOTIFICATION TO FINANCIAL INSTITUTION REGARDING AN IOLTA ACCOUNT (Complete and submit this form to your financial institution) TO: ___________________________________________ ____________________________________________ (Bank) (Branch) The undersigned is a participant in the interest-bearing trust account program mandated by Rule 43 of the Rules of the Supreme Court of Arizona. Under this program the undersigned’s law firm trust account Acct. # ________________________________________ Account Name __________________________________ should be placed in an interest-bearing account under the Tax ID No. 95-3351710 and should be identified with the words “AZ IOLTA” or “AZ Trust” following the attorney or firm name in the title of the account. Interest on the average monthly balance in the account, or as otherwise computed in accordance with your standard accounting practice (net of charges allowed by Participant Agreement), should be remitted at least quarterly to the Arizona Foundation for Legal Services & Education master account. These remittances shall be made in accordance with instructions provided your institution by the Arizona Foundation for Legal Services & Education. The Arizona Foundation for Legal Services & Education has previously provided your institution with the report forms that you are asked to complete and file with the Foundation. Please provide the undersigned law firm with a copy of the report submitted to the Foundation or a regular monthly statement. No form 1099 is to be filed with the IRS. The undersigned authorize(s) the disclosure of the required account information to the Arizona Foundation for Legal Services & Education. Thank you for your prompt attention to this request. ______________________________________________________________ (Name) (Number) ______________________________________________________________ (Name) (Number) ______________________________________________________________ (Name) (Number) All trust account signatories and State Bar membership numbers (add additional account users on back of page) Arizona Foundation for Legal Services & Education Attention: IOLTA Administrator 4201 N. 24th Street Suite 210 Phoenix, AZ 85016-6289 602-340-7260 www.myazbar.org 20 Complete and submit this form to the State Bar of Arizona. New Admittee Section Enrollment Form NEW LAWYERS – JOIN A STATE BAR SECTION! Section membership offers you the opportunity to receive information regarding specific areas of law and participate in meetings and continuing legal education. One complimentary membership is given to each new admittee during year of admission. Section membership ends in December of the calendar year. q q q q q q q q q q q q q q q Administrative Law Alternative Dispute Resolution Animal Law Antitrust Law Appellate Practice Bankruptcy Law Business Law Construction Law Criminal Justice E-Commerce & Technology Law Employment & Labor Law Environmental & Natural Resources Law Family Law Immigration Law Indian Law $20 $30 $20 $25 $20 $35 $20 $35 $25 $40 $30 $25 $25 $30 $25 q q q q q q q q q q q q q q Name Intellectual Property Law International Law Juvenile Law Law Practice Management Mental Health & Elder Law Probate and Trust Law Public Lawyers Real Property Securities Regulation Sole Practitioner/Small Firms Tax Law Trial Practice Workers’ Compensation World Peace Through Law $35 $20 $25 $30 $25 $25 $20 $30 $30 $30 $35 $25 $20 $35 Bar Number Office/Firm Address City State Phone Fax ZIP Code E-mail address Please make check payable to: State Bar of Arizona Return with payment to: State Bar of Arizona, Membership Records, 4201 N. 24th Street, Suite 200, Phoenix, AZ 85016-6288. If you have any questions, please contact the Sections Department at (602) 340-7312. www.myazbar.org 21 Mandatory Professionalism Course PROFESSIONALISM COURSE REGISTRATION All new admittees are required to attend the State Bar Course on Professionalism within their first year of admission. Rule 34(e), Ariz.R.S.Ct., states as follows: 34(h) Completion of Professionalism Course 1. New Admittee Professionalism Course. Except as otherwise provided in this rule, within one year after being admitted to the State Bar, the applicant shall complete the State Bar Course on Professionalism. a. A new admittee taking inactive status immediately upon admission is exempt from completing the course, but shall complete it within 12 months of becoming an active member of the State Bar. b. A new admittee who is an active member but neither resides nor practices law in Arizona is exempt from completing the course, but shall complete it within 12 months of becoming a resident of or practicing law in Arizona. Although the rule allows you an entire year to fulfill this requirement, it is strongly recommended that you register for the earliest course available. You’ll have the opportunity to meet some of Arizona’s top lawyers and learn from their cumulative wisdom and experience. The State Bar Course on Professionalism will be offered on the following schedule. It qualifies for approximately 4.25 MCLE hours, all of which are ethics credit. The course tuition is $99. Further details will be mailed upon registration. Name Bar Number Phone Address Date admitted to State Bar METHOD OF PAYMENT: q Check payable to State Bar of Arizona q VISA q MasterCard q American Express q Discover Card Total Payment @ $99 per person $ Card No. Exp. Date CVV2# (3-4 digit code on back/front of card) Signature Please select one of the following course dates: q May 20, 2009 Phoenix q July 22, 2009 Phoenix q August 12, 2009 Phoenix q September 15, 2009 Phoenix q October 30, 2009 Tucson q November 10, 2009 Phoenix q December 8, 2009 Phoenix May 20, 2009 Phoenix July 22, 2009 Phoenix August 12, 2009 Phoenix September 15, 2009 Phoenix October 30, 2009 Tucson November 10, 2009 Phoenix December 8, 2009 Phoenix For additional dates, please call the Resource Center at (602) 340-7239. Acct.#P0903-380 Acct.#P0908-380 Acct.#P0904-380 Acct.#P0909-380 Acct.#P0905-380 Acct.#P0906-380 Acct.#P0910-380 To check availability and additional dates, see our Web site www.myazbar.org/cle CLASS SPACE IS LIMITED If you have a disability, please call ahead to let us know how we may accommodate your needs. Questions? Call the Continuing Legal Education Department at (602) 340-7322, Phoenix or (520) 623-9944, Tucson. Check the State Bar Web site, www.myazbar.org/cle for more information. MAIL TO: State Bar of Arizona • P.O. Box 53099 • Phoenix, AZ 85072 PHONE WITH VISA/MASTERCARD/AMERICAN EXPRESS/DISCOVER CARD: (602) 340-7322 in Phoenix; (520) 623-9944 in Tucson. FAX TO: (602) 271-4930 in Phoenix; (520) 623-9974 in Tucson. www.myazbar.org 22 2009-2010 Critical Dates Calendar 2009 MAY May Membership Directory Address Confirmations Mailed May 20 Professionalism Course, Phoenix JUNE June Membership Directory Address Confirmations Due June 24-26 Annual Convention, Phoenix June 30 Deadline for Completing MCLE, Academic Year Ends JULY July MCLE Affidavits Mailed July 1 Educational Year Begins July 15-18 CLE by the Sea, Hotel Del Coronado, California July 22 Professionalism Course, Phoenix AUGUST August 12 Professionalism Course, Phoenix SEPTEMBER September Membership Directory Mailed September 15 MCLE Affidavits Due September 15 Professionalism Course, Phoenix OCTOBER October 30 Professionalism Course, Tucson NOVEMBER November 10 Professionalism Course, Phoenix DECEMBER December Annual Membership Dues Statements Mailed December 8 Professionalism Course, Phoenix 2010 FEBRUARY February 1 Annual Membership Fees Due MAY May Membership Directory Address Confirmations Mailed Interested in Continuing Legal Education programs? Check out www.myazbar.org/cle Dates are subject to change www.myazbar.org 23 www.myazbar.org 24