Ariz. R. Sup. Ct. 31

As amended through December 3, 2024

Rule 31 - Supreme Court Jurisdiction

(a) Jurisdiction. The Arizona Supreme Court has jurisdiction over any person or entity engaged in the authorized or unauthorized "practice of law" in Arizona, as that phrase is defined in (b). The Arizona Supreme Court also has jurisdiction over any ABS licensed under Rule 31.1(c) and ACJA 7-209.

(b) Definition. "Practice of law" means providing legal advice or services to or for another by:

(1) preparing or expressing legal opinions to or for another person or entity;

(2) representing a person or entity in a judicial, quasi-judicial, or administrative proceeding, or other formal dispute resolution process such as arbitration or mediation;

(3) preparing a document, in any medium, on behalf of a specific person or entity for filing in any court, administrative agency, or tribunal;

(4) negotiating legal rights or responsibilities on behalf of a specific person or entity; or

(5) preparing a document, in any medium, intended to affect or secure a specific person's or entity's legal rights.

Ariz. R. Sup. Ct. 31

Amended April 14, 1986, effective 4/15/1986;7/27/1987, effective 9/1/1987;4/25/1988, effective 5/1/1988;12/20/1988, effective 1/15/1989;6/27/1989, effective 9/1/1989;7/20/1989, effective 1/1/1990;10/11/1989, retroactively effective to7/1/1989;10/4/1990, effective 12/1/1990. Amended and effective 2/5/1991. Amended July 16, 1991, effective 9/1/1991;9/26/1991, effective 12/1/1991;12/12/1991, effective 1/1/1992;9/30/1992, effective 12/1/1992;5/25/1994, effective 12/1/1994;1/30/1995, effective 6/1/1995;2/6/1995, effective 6/1/1995;7/20/1995, effective 12/1/1995;9/21/1995, effective 12/1/1995;4/3/1997, effective 6/1/1997;10/6/1997, effective 12/1/1997;4/27/1998, effective 7/1/1998. Amended and effective 4/14/1999. Amended6/17/1999, effective 6/30/1999;6/17/1999, effective 7/1/1999. Correction10/1/1999. Amended Jan. 6, 2000, effective 6/1/2000;10/11/2002, effective 12/1/2002;10/28/2002. effective 12/1/2002;1/15/2003, effective 7/1/2003;2/12/2003, effective 7/1/2003. Amended and effective 10/16/2003;10/17/2003. Amended June 8, 2004, effective 12/1/2004;6/6/2005, effective 12/1/2005;1/20/2006, effective 6/1/2006;1/27/2006, effective 6/1/2006;9/5/2007, effective 1/1/2008;9/3/2009, effective 1/1/2010;12/13/2011, effective 9/1/2012;8/30/2012, effective 1/1/2013;6/11/2014, effective on an expedited basis7/24/2014;9/2/2014, effective on an expedited basis,9/1/2014. Amended and effective on a permanent basis,12/16/2014. Amended Aug. 27, 2015, effective 1/1/2016; amended Aug. 27, 2020, effective 1/1/2021.

THE OATH OF ADMISSION TO THE BAR

I, (state your name), do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the State of Arizona;

I will treat the courts of justice and judicial officers with due respect;

I will not counsel or maintain any action, proceeding, or defense that lacks a reasonable basis in fact or law;

I will be honest in my dealings with others and not make false or misleading statements of fact or law;

I will fulfill my duty of confidentiality to my client; I will not accept compensation for representing my client from anyone other than my client without my client's knowledge and approval;

I will avoid engaging in unprofessional conduct; I will not advance any fact prejudicial to the honor or reputation of a party or witness, unless required by my duties to my client or the tribunal;

I will support the fair administration of justice, professionalism among lawyers, and legal representation for those unable to afford counsel;

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 or Arizona.

A LAWYER'S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA

Preamble

As a lawyer, I must strive to make our system of justice work fairly and efficiently. To carry out that responsibility, I will comply with the letter and spirit of the disciplinary standards applicable to all lawyers and I will conduct myself in accordance with the following Creed of Professionalism when dealing with my client, opposing parties, their counsel, tribunals and the general public.

A. With respect to my client:

1. I will be loyal and committed to my client's cause, but I will not permit that loyalty and commitment to interfere with my ability to provide my client with objective and independent advice;

2. I will endeavor to achieve my client's lawful objectives in business transactions and in litigation as expeditiously and economically as possible;

3. In appropriate cases, I will counsel my client with respect to alternative methods of resolving disputes;

4. I will advise my client against pursuing litigation (or any other course of action) that is without merit and I will not engage in tactics that are intended to delay the resolution of a matter or to harass or drain the financial resources of the opposing party;

5. I will advise my client that civility and courtesy are not to be equated with weakness;

6. While I must abide by my client's decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with effective and honorable representation.

B. With respect to opposing parties and their counsel:

1. I will be courteous and civil, both in oral and in written communication;

2. I will not knowingly make statements of fact or of law that are untrue;

3. In litigation proceedings, I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the substantive interests of my client will not be adversely affected;

4. I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will cooperate with opposing counsel when scheduling changes are requested;

5. I will not utilize litigation or any other course of conduct to harass the opposing party;

6. I will not engage in excessive and abusive discovery, and I will advise my client to comply with all reasonable discovery requests;

7. I will not threaten to seek sanctions against any party or lawyer unless I believe that they have a reasonable basis in fact and law;

8. I will not delay resolution of a matter, unless delay is incidental to an action reasonably necessary to ensure the fair and efficient resolution of that matter;

9. In depositions and other proceedings, and in negotiations, I will conduct myself with dignity, avoid making groundless objections and not be rude or disrespectful;

10. I will not serve motions and pleadings on the other party or the party's counsel at such a time or in such a manner as will unfairly limit the other party's opportunity to respond;

11. In business transactions I will not quarrel over matters of form or style but will concentrate on matters of substance and content;

12. I will identify clearly, for other counsel or parties, all changes that I have made in documents submitted to me for review.

C. With respect to the courts and other tribunals:

1. I will be an honorable advocate on behalf of my client, recognizing, as an officer of the court, that unprofessional conduct is detrimental to the proper functioning of our system of justice;

2. Where consistent with my client's interests, I will communicate with opposing counsel in an effort to avoid litigation and to resolve litigation that has actually commenced;

3. I will voluntarily withdraw claims or defenses when it becomes apparent that they do not have merit;

4. I will not file frivolous motions;

5. I will make every effort to agree with other counsel, as early as possible, on a voluntary exchange of information and on a plan for discovery;

6. I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests;

7. When scheduled hearings or depositions have to be canceled, I will notify opposing counsel and, if appropriate, the court (or other tribunal) as early as possible;

8. Before dates for hearings or trials are set -- or, if that is not feasible, immediately after such dates have been set -- I will attempt to verify the availability of key participants and witnesses so that I can promptly notify the court (or other tribunal) and opposing counsel of any likely problem in that regard;

9. In civil matters, I will stipulate to facts as to which there is no genuine dispute;

10. I will endeavor to be punctual in attending court hearings, conferences and depositions;

11. I will at all times be candid with, and respectful to, the tribunal.

D. With respect to the public and to our system of justice:

1. I will remember that, in addition to commitment to my client's cause, my responsibilities as a lawyer include a devotion to the public good;

2. I will keep current in the areas in which I practice and, when necessary, will associate with, or refer my client to, counsel knowledgeable in another field of practice;

3. As a member of a self-regulating profession, I will be mindful of my obligations under the Rules of Professional Conduct to report violations of those Rules;

4. I will be mindful of the need to protect the integrity of the legal profession and will be so guided when considering methods and contents of advertising;

5. I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement or administration of justice, and the contribution of uncompensated time and civic influence on behalf of those persons who cannot afford adequate legal assistance.

HISTORICAL NOTES

Source:

Pen. Code 1901, §§ 155, 156.

Laws 1907, Ch. 76, § 7.

Civ.Code 1913, § 268.

Pen. Code 1913, §§ 147, 148, 151.

Laws 1925, Ch. 32, § 12.

Rev. Code 1928, §§ 198, 207, 4566, 4568.

Laws 1933, Ch. 66, §§ 2, 4 to 13, 16 to 28, 30 to 32, 41 to 43, 45 to 49, 51.

Code 1939, §§ 32-207, 32-301, 32-302, 32-304 to 32-313, 32-316 to 32-328, 32-330 to 32-332, 32-341 to 32-343, 32-345, 32-346, 32-348 to 32-351, 43-3301, 43-3303.

Rules Sup.Ct., Rule I, Code 1939, Supp. 1952.

Code 1939, Supp. 1953, §§ 32-345, 32-347.

Laws 1953, Ch. 28, §§ 1, 2.

Rules Sup.Ct., Rule I, Code 1939, Supp. 1954.

A.R.S. former §§ 13-261, 13-262, 32-201, 32-211 to 32-219, 32-231 to 32-242, 32-261, 32-264, 32-274.

Laws 1960, Ch. 121, §§ 1 to 4.

Laws 1962, Ch. 12, §§ 1, 2.

Laws 1970, Ch. 204, §§ 94, 95.

Laws 1972, Ch. 172, § 88.

Laws 1977, Ch. 61, § 1.

Laws 1978, Ch. 85, § 1.

Laws 1978, Ch. 201, § 530.

Laws 1979, Ch. 143, § 1.

Former Rules 27, 30(d).

Revisers' addition.

Order dated Dec. 12, 1991, filed Dec. 18, 1991, effective Jan. 1, 1992, provided in part 23:

"These amendments [ (c) ] shall not apply to discipline proceedings governed by the disciplinary procedures in force prior to February 1, 1985. The amendments shall apply to all other discipline proceedings which were commenced as provided in Supreme Court Rule 53(a) either prior to or on or after the date hereof."

Order dated Dec. 12, 1991, filed Dec. 18, 1991, effective Jan. 1, 1992, provided in part 23:

"These amendments [ (j) ] shall not apply to discipline proceedings governed by the disciplinary procedures in force prior to February 1, 1985. The amendments shall apply to all other discipline proceedings which were commenced as provided in Supreme Court Rule 53(a) either prior to or on or after the date hereof."

Order dated Dec. 12, 1991, filed Dec. 18, 1991, effective Jan. 1, 1992, provided in part 23:

"These amendments [ (k) ] shall not apply to discipline proceedings governed by the disciplinary procedures in force prior to February 1, 1985. The amendments shall apply to all other discipline proceedings which were commenced as provided in Supreme Court Rule 53(a) either prior to or on or after the date hereof."

Effective July 1, 2003, many of the provisions which had been in Rule 31 are continued in Rule 32.

[Note to Jan. 15, 2003 amendment:] Rules 32(a)(1) and (2) contain the unchanged text of former Rules 31(a)(1) and (a)(2) as of December 1, 2002.

[Note to Jan. 15, 2003 amendment:] The text of Rules 32(c)-(l) contain the unchanged text of former Rules 31(c)-(l) as of December 1, 2002.

Amendment to Rule 31(f), adopted October 11, 2002, effective December 1, 2002, which divided the office of secretary/treasurer into two offices, a secretary and a treasurer, was abrogated by Order dated June 9, 2003.

Order effective Oct. 16, 2003, provided in part, "IT IS FURTHER ORDERED that the stay order issued on June 30, 2003, is hereby vacated."

Order dated October 17, 2003, provided in part:

"On October 16, 2003, an order was issued in this matter purporting to amend Rule 32(c)(24). The correct rule reference should be Rule 31(c)(24). Therefore,

"IT IS ORDERED correcting said order and amending Rule 31(c)(24), Rules of the Supreme, in accordance with the attachment hereto,*[sic] effective as of the date of signing."