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Last Post 25 Apr 2024 02:14 PM by  Dennis I Wilenchik
R-24-0028 Rule 34(f), Rules of the Supreme Court
 7 Replies
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Author Messages
Adam Shelton
New Member
Posts:1 New Member

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10 Jan 2024 01:26 PM
    Adam Shelton
    Goldwater Institute
    500 E. Coronado Rd.
    Phoenix, AZ 85004
    Phone: (602) 462-5000
    Fax: (602) 256-7045
    AZ Bar # 038252
    Petition to Amend Rule 34(f), Rules of the Supreme Court

    Filed: January 10, 2024

    Would amend Rule 34(f) of the Rules of the Supreme Court of Arizona to provide for a “streamlined” process to allow attorneys admitted in other jurisdictions to practice law in Arizona.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Attachments
    Paul Mooney
    New Member
    Posts:1 New Member

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    19 Jan 2024 06:32 PM
    My name is Paul Mooney. My Arizona State Bar No. is 006708. My email address is: [email protected]. I was admitted to the Arizona Bar in May of 1981. I spent my first 28 years at Fennemore Craig, P.C. in Phoenix, and I've spent the last 15-plus years practicing in a small, boutique law firm, first in Mesa and now in Scottsdale. I am writing to support the proposed amendment because during my nearly 44 years of practicing law, I've had the opportunity to practice before state and federal courts and other tribunals in 31 different states. This is primarily due to the type of legal work I specialize in, which is essentially the same in nearly every jurisdiction in the country. Indeed, the experts who work in this area consist of just a few highly-trained individuals who testify throughout the country in such cases. As such, having lawyers who are familiar with these witnesses and the issues that arise in such cases is vital to the effective (and efficient) representation of such clients. With the exception of those cases that can be tried in federal courts (which in my area of specialization is limited to railroads and airlines), that has required me to gain admission using "pro hac vice" procedures on numerous occasions. That process has become more burdensome and expensive as many states have implemented fees and instituted procedures that seem designed solely to discourage clients from using the lawyer(s) of their choice. And while there may have at one time been legitimate reasons for the parochial attitudes of state bars in each state, those reasons have largely disappeared in this modern era of legal specialization and Internet access to the laws of each state. I have found the ability to gain access to the courts in many states is tied - at least indirectly - to the requirements for admission of out-of-state attorneys in my home state. Clearly, the trend nationally is towards more liberal admission of out-of-state lawyers. Moreover, given that the pro hac vice fees that are now imposed in many states (including Arizona) are virtually equal to the full-time bar fees, there is little incentive in a case that may last several years to have to annually renew such limited admissions just to participate in a single case. If this proposed rule is adopted, it would make it much easier to become admitted in reciprocal-admission states. For many of the cases I've handled, this would make sense for the clients. It's time to acknowledge that "the Law" has become a highly-specialized profession in which the best lawyers in a given specialty should be able to cross state lines in the same way specialized doctors and other experts already do. Thus, I favor any rule change that would make this easier to do, which is my perception of the proposed rule change. Simply put, it's time for Arizona to do what many other state have already done and relax its rules to allow what is already happening using the antiquated pro hac vice procedures. In my experience, judges who preside over these cases do a very effective job of managing their courtrooms, irrespective of where the lawyers before them call home.
    Steven R. Simon
    New Member
    Posts:2 New Member

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    20 Jan 2024 10:26 AM
    Steven Simon Law, PLLC
    1815 Purdy Ave
    Miami Beach, FL 33139-1425
    https://www.inslaw.net
    Office: 305-972-6074

    This rule change will increase the availability of legal services for the public including the availability of highly specialized legal services. In addition to our longstanding snow bird population many people of working age are migrating or commitng across state lines for work. Furthermore the virtual workplace and virtual businesses are bluring state boundaries. Allowances must be made for these changes.
    Carrie Ann Donnell
    New Member
    Posts:2 New Member

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    02 Feb 2024 11:46 AM
    Carrie Ann Donnell
    American Juris Link
    7000 N 16th St. #120-155
    Phoenix, AZ 85020
    [email protected]

    I support the proposed rule to streamline admissions for lawyers in other states to practice law in Arizona. After several years of litigating public interest cases in Arizona, I launched a national nonprofit to increase access to justice and advance the rule of law by providing services to other lawyers engaged in pro bono public interest litigation. One of our most popular services is connecting lawyers with pro bono local counsel. Many of our partners with national expertise in public interest laws are willing, available, and highly qualified to represent low-income clients in their areas of expertise -- yet they are unable to appear before certain courts because they are not admitted in one jurisdiction or another. One of our goals as a nonprofit legal organization is to ensure that no case or brief goes unfiled by a willing pro bono legal expert in a public interest case. Streamlining our state's admission process for lawyers licensed in other jurisdictions would free up substantial resources for nonprofit groups like us, as well as our pro bono partners in other states who are experts in matters of concern in Arizona. This means more pro bono resources are available to serve clients instead of using them on administrative matters like admissions. For these reasons, I support the proposed rule.
    Niamh Savani
    New Member
    Posts:1 New Member

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    04 Mar 2024 05:28 PM
    James B. Morse Jr., Chair
    Committee on Character and Fitness
    Supreme Court of Arizona
    1501 W. Washington, Suite 104
    Phoenix, AZ 85007
    [email protected]

    R-24-0028
    Response to Petition to Amend Rule 34(f), Rules of the Supreme Court
    Attachments
    kielsky
    New Member
    Posts:2 New Member

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    01 Apr 2024 05:48 PM
    Michael Kielsky, #021864
    Attorney
    KENT LAW, PLC
    7540 S. Willow Dr.
    Tempe, AZ 85283
    480.359.5368
    [email protected]

    I support this proposed rule change, for all the reasons provided in the petition.

    The proposal will assist, if perhaps only marginally, in making more legal services providers potentially available to Arizona legal services consumers. It likely will increase competition and thus help keep costs in check, while increasing options for the public.

    Please adopt these proposed changes.

    /s/ Michael Kielsky
    Larry Aldrich
    New Member
    Posts:1 New Member

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    03 Apr 2024 06:54 PM
    Lawrence Aldrich
    7520 E. McLellan Lane
    Scottsdale, AZ 85250
    Phone: (520) 404-9119
    Fax: NA
    AZ Bar # NA (Member of the District of Columbia Bar)
    Petition to Amend Rule 34(f), Rules of the Supreme Court

    To: The Most Honorable Members of the Arizona Supreme Court

    I am a licensed attorney under the District of Columbia Bar. I have served as General Counsel of an Arizona corporation, with a license waiver due to my being employed by a corporation. Yet, I did occasionally face complaints filed by members of the Arizona Bar, claiming that I should not be able to serve without an Arizona Bar license.

    Eventually, I left the practice of law in the State after I was promoted to the top executive position at the corporation. But the notion that I, a long-time federal prosecutor, could be the subject of such complaints underscored how important it is to have easier access to any attorneys living in Arizona.

    I am now mostly retired. I have no plans to practice law for compensation, but am interested in offering my services on a pro bono basis. Yet the current requirement for an Arizona license blocks me today from ever offering the under-served my help.

    Thus, I fully support this petition to amend Rule 34(f). Thank you for considering and I would be happy to respond to any questions or need for additional information.

    Sincerely yours,

    Lawrence Aldrich
    Dennis I Wilenchik
    New Member
    Posts:2 New Member

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    25 Apr 2024 02:14 PM
    Dennis I. Wilenchik
    2810 N. Third Street
    Phoenix, AZ 85004
    602-606-2810

    I am in favor of the amendment.
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