www.myazbar.org

Transcription

www.myazbar.org
www.myazbar.org
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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