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Last Post 21 May 2018 04:00 PM by  State Bar of Arizona
R-17-0044 Rule 43, Rules of the Supreme Court
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Author Messages
Linda Koschney
New Member
Posts:43 New Member

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06 Jul 2017 12:55 PM
    Jack Levine SBN 001637
    777 E. Thomas Rd., Suite 250
    Phoenix, AZ 85014
    Ph: 602-395-9000
    E:mail: jacklevine2005@gmail.com

    Would amend Rule 43, Arizona Rules of the Supreme Court to encourage overdraft protection for client trust accounts; set procedures for rectifying overdrafts and giving notice to the state bar of failure to rectify overdrafts; and to require lawyers to leave untouched client trust account deposits in excess of $5,000 for ten days to allow checks to clear.

    Filed July 3, 2017

    Comments must be submitted on or before May 21, 2018.
    Attachments
    FAIRWorkgroups
    New Member
    Posts:12 New Member

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    18 May 2018 04:50 PM
    Hon. Valerie Wyant, President
    Arizona Association of Superior Court Clerks
    200 N San Francisco St
    Flagstaff, AZ 86001
    928-679-7615

    The Arizona Association of Superior Court Clerks opposes the petition to modify Arizona Supreme Court Rule 43. The proposal would allow attorneys to submit payment to the Clerks from an account with insufficient funds. When a form of payment cannot be fulfilled, Clerk’s office staff become recovery agents. This time-intensive task is a disservice to the filing public and is minimized under the existing system where the person who holds the account is responsible for managing that account. As a result of attorneys who have repeatedly bounced checks, some Clerk’s offices currently require those attorneys to pay their fees and bonds in cash or in verifiable funds. This extra step and administrative process is also time consuming and cumbersome. The Clerks oppose the petitioner’s modifications because they would make the problems of non-payment and delayed payment worse.
    Katherine Novak
    New Member
    Posts:6 New Member

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    21 May 2018 09:11 AM
    Katherine Novak
    knovak@courts.az.gov
    602-452-3415

    Attached is the comment of the Attorney Regulation Advisory Committee (ARC).
    Attachments
    State Bar of Arizona
    New Member
    Posts:50 New Member

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    21 May 2018 04:00 PM
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6288
    (602) 340-7236
    Patricia.seguin@staff.azbar.org

    The State Bar of Arizona submits the attached comment to this Petition.
    Attachments
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