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RULE 27(l) Disciplinary Board of the State Bar of Arizona.

(1) There is hereby created a "Disciplinary Board of the State Bar of Arizona" (hereinafter referred to as the "Disciplinary Board!), which shall consist of seven lawyers, active members of the State Bar of Arizona, and two non-lawyers The Board of Govermors shall appoint the lawyer members of the Disciplinary Board and the Supreme Court shall appoint the two mon-lawyer members. Three lawyer members shall be residents of Miricopa County; two of Pi= County and two of a county or counties other than Maricopa and Pima Counties.

Of those members initially appointed, three members of the State Bar of Arizona shall serve for a term of one (1) year; two members of the State Bar of Arizona and one non-lawyers member shall serve for a term of two (Z) years; two members of the State Bar of Arizona and one non-lawyers member shall serve for a term of three (3) years. Thereafter, each appointment shall be for a term of three (3) years, except that a member shall continue to serve until his successor is duly appointed. Appointments to fill a vacancy shall be for the unexpired portion of the term, and filled in the same manner as the original appointment.

Non-Lawyers members shall have all the powers and duties of attorney members of the Disciplinary Board, including confidentiality of proceedings [see Rules 32(d) and 37(1)]. No member of the Disciplinary Board may serve more than two three-year terms.

(2) The Board of Governors of the State Bar of Arizona may delegate any and all of its powers and duties relating to the discipline of members of the State Bar for misconduct, as set forth in the Rules of the Arizona Supreme Court relating to the discipline of attorneys This may include the power to enforce all disciplinary rules of the Supreme Court and to review and supervise all disciplinary proceedings and make recommendations on disciplinary matters to the Supreme Court.

(3) The Disciplinary Board shall select from Its a chairman and a vice chairman.

(4) The DisciplinDisciplinaryBoard shall act only with the .concurrence of five or more members. Five members shall constitute a quorum

Disciplinary Board =,embers shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties.

(6) If, in any given case, the number of Disciplinary Board members who may properly render a decision falls below a quorum, the Board of Governors or the President of the State Bar may appoint, for that case only, the number of ad hoc members necessary to restore the Disciplinary Board to full membership. Each ad hoc member shall fulfill all the responsibilities of the Disciplinary Board member whom he replaces.

(7) The Board of Governors may for good cause shown remove members of the Disciplinary Board. Disciplinary Board members who fail to attend two consecutive meetingsalso may be removed by the Board of Governors. Vacancies which occur as a result of removal of members of the Disciplinary Board by the Board of Governors shall be filled as provided in these rules.

(8) The Disciplinary Board shall hold as many meetings per year at such times and places as it may determine.

(9) The Disciplinary Board shall submit to the Board of Governors a written report every three months, outlining the status of every matter pending before the Disciplinary Board and each Local Administrative Committee. The Disciplinary Board shall also provide the Board of Governors such additional information as the Board of Governors may request.

(10) All expenses incurred by the Disciplinary Board, including clerical, secretarial and general staff assistance and meeting accomodations shall be provided by the State Bar of Arizona. All final recommendations of the Disciplinary Board shall be submitted to the State Bar office for transmittal to the Supreme Court and other appropriate parties, as provided by these rules.

RULE 29.. Duties, Obligations and Discipline of members. 29(a) Governing Rules. The duties and obligations of members shall be as drescribed by the Code of-Profossional Responsibility of the American Bar Association, effective November 1, 1970, as amended by this Court.

DEFINITIONS

As used in the Disciplinary Rules of the Code of Professional Responsibility:

(1) "Differing interests" include every interest that will adversely affect either the judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse, or other interest

(2) ."Law firm" includes a professional legal corporation.

(3) "Person" includes a corporation, an association, a trust, a partnership, and any other organization or legal entity.

(4) "Professional legal corporation" means a corporation, or an association treated as a corporation, authorized by law to practice law for profit.

(5) "State" includes the District of Columbia,, Puerto Rico, and other federal territories and possessions.

(6) "Tribunal" includes all courts and all other adjudicanry bodies.

(7) "A Bar association" includes a bar association of specialists as referred to in DR 2-105(A) (1) or (4).

(8) "Qualified legal assistance organization means an office or organization of one of the four types listed in DR 2-103(D)(1)(5), inclusive that meets all the requirements thereof.

"Confidence" and "secret" are defined in DR 4-101(A).

DISCIPLINARY RULES

DR 1-101 Maintaining Integrity and Competence of the Legal Profession.

(A) A lawyer is subject to discipline if he has made a materially false statement in, or if he has deliberately failed to disclose a material fact requested in connection with, his application for admission to the bar.

(B) A lawyer shall not further the application for admission to the bar of another person knoen by him to be unqualified in respect to character-, education, or other relevant attribute.

DR 1-102 Misconduct.

(A) A lawyer shall not:

(1) Violate a Disciplinary Rule.

(2) Circumvent a Disciplinary Rule through actions of another.

(3) Engage in illegal conduct involving moral turpitude.

(4) Engage in conduct involving dishonesty, fraud, deceit or misrepresentations

(5) Engage in conduct that is prejudicial to the administration of justice any other conduct that adversely

(6) Engage in reflects on his fitness to practice law.

DR 1-103 Disclosure of Information to Authorities.

(A) A lawyer possessing unprivileged knowledge of a violation of DR 1-102 shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.

(B) A lawyer possessing unprivileged knowledge or evidence concerning another lawyer or a judge shall reveal fully such knowledge or evidence upon proper request of a tribunal or other authority empowered to investigate or act upon the conduct of lawyers or judges.

DR 2-101 Publicity in General.

(A) A lawyer shall not prepare, cause to be prepared, use, or participate in the use, of any form of public communication that contains professionally self-laudatory statements calculated to attract lay clients as used herein, "public communication" includes, but is not limited to, communication by means of television, radio, motion picture, newspaper, magazine or book.

(B) A lawyer shall not publicize himself, or his partner, or associate, or any other lawyer affiliated with him or his firm, as a lawyer through newspaper or magazine advertisements, radio or television announcements display advertisements in the city or telephone directories or other means of commercial publicity, nor shall lie authorize or permit others to do so in his behalf. However, a lawyer recommended by, paid by, or whose legal services are furnished by, a qualified legal assistance organization may authorize or permit or assist such organization to use means of dignified commercial publicity, which does not identify any lawyer by name, to describe the availability or nature of its legal services or legal service benefits. This rule does not prohibit limited and dignified identification of a lawyer as a lawyer as well as by name:

(1) In political advertisements when his professional status is germane to the political campaign or to a political issue.

(2) In public notices when the name and profession of a lawyer are required or authorized by law or are reasonably pertinent for a purpose other than the attraction of potential clients.

(3) In routine reports and announcements of a bona fide business, civic, professional, or political organization in which he serves as a director or officer.

(4) In and on legal documents prepared by him.

(5) In and on legal textbooks, treatises, and other legal publications, and in dignified advertisements thereof,

(6) In communications by a qualified legal assistance organization, along with the biographical information permitted under DR 2-102(A) (6), directed to a member or beneficiary of such organization.

(C) A lawyer shall not compensate or give anything of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item.

DR 2-102 Professional Notices Letterheads, Offices, and Law Lists.

(A) A lawyer or law firm shall not use professional cards, professional announcement cards, office signs, letterheads, telephone directory listings, law lists, legal directory listings, or similar professional notices or devices, except that the following may be used if they are in dignified form: (1) A professional card of a lawyer identifying him -by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm and any information permitted under DR 2-105. A professional card of a law firm may also give the names of members and assiciates Such cards may be used for identification but may not be Published in Periodicals, magazines, newspapers,

(2) A brief professional announcement card Stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional office of a lawyer or law firm, which may be mailed to lawyers, clients, former clients, personal friends, and relatives. It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer.. It may give the names and dates of predecessor firms in a continuing line of succession. It shall not state the nature of the practice except as permitted under DR 2-105.

(3) A sign on or near the door of the office and in the building directory identifying the law office. The sign shall not state the nature of the practice, except as permitted Under DR 2-105.

(4) A letterhead of a lawyer identifying him by name and as a lawyer and giving his addresses, telephone numbers, the name of his law firm and any information permitted under DR 2-105. The letterhead of a law firm may also give the names of members and associates, and names and dates relating to deceased and retired members. A lawyer may be designated "of Counsel" on a letterhead if he has a continuing relationship with a lawyer or

law firm, other than as a partner or -associate. A lawyer or law firm may be designated as "General Counsel" or by similar professional reference on stationery of a client if he or the firm devotes a substantial amount of professional time in the representation of that client. The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession.

(5) A listing of the office of a lawyer or law firm in the alphabetical and classified sections of the telephone directory or directories for the geographical area or areas in which the lawyer resides or maintains offices or in which a. significant part of his clients resides and in the city directory of the city in which his or the firm's office is located; but the listing may give only the name of the lawyer or law firm, the fact he is a lawyer, addresses, and telephone numbers. The listing shall not be in distinctive form or type. A law firm may have a listing in the firm name separate from that of its members and associates. The listing in the classified section shall not be under a heading or classification other than "Attorneys" or "Lawyers", except that additional headings or classifications descriptive of the types of practice referred to in DR 2-105 are permitted.

(6) A listing in a reputable law list 077 legal directory giving brief biographical and other informative data. A law list or

directory is not reputable if its management or contents are likely to be misleading or injurious to the public or to the

profession. A law list is conclusively established to be reputable if it is certified by the American Bar Association as

being in compliance with its rules and standards. The published data may include only the following name, including

name of law firm and names of professional associates; addresses and telephone numbers; one or more fields of law

in which the or law a statement practice is limited to one or more fields of law; a statement that the lawyer or law

firm specializes in a particular field of law or law practice but only if authorized under DR 2-105 (A)(4); date and place

of birth; date and place of admission to the bar of state and federal courts; schools attended with dates of

graduation, degrees,. and other scholastic distinctions; public or quasi-public offices; military service; posts of honor;

legal authorship's; legal teaching positions; memberships offices committee assignments, and section memberships

in bar associations; memberships and offices in legal fraternities a legal societies; technical and professional associations and societies; foreign language ability; names and addresses of references, and, with their consent names of clients regularly represented.

(B) A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one -or more of the lawyers in the firm, except that the name of a professional corporation or professional association may contain "P.C." or "P.A." or similar symbols indicating the nature of the organization and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession. A lawyer who assumes a judicial, legislative, or public executive or administrative post or office shall not permit his name to remain in the name of a law firm or to be used in professional notices of the firm during any significant period in which he is not actively and regularly practicing law as a member of the firm, and during such period other members of the firm shall not use his name in the firm name or in professional notices of the firm.

(C) A lawyer shall not hold himself out as having a partnership with one :jr more ocher lawyers unless they are in fact partners.

(D) A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumeration of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all, listed jurisdictions; however, the same firm name may be used in each jurisdiction.

(E) A lawyer who is engaged both in the practice oil- law and another profession or business shall not so indicate on his letterhead, office sign, or professional card, nor shall he identify himself as a lawyer in any publication in connection with his ocher profession or business.

(F) Nothing contained herein shall prohibit a lawyer from using or permitting the use, in connection with his name, of an earned degree or title derived therefrom indicating his training in the law.

DR 2-103 Recommendation of Professional Employment.

(A) A lawyer shall not recommend employment, as a private practitioner, of himself, his partner, or associate to a non-lawyer who has not sought his advice regarding employment of a lawyer.

(B) A lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client, except that he may pay the usual and reasonable fees or dues charged by any of the organizations listed in DR 2-103(D).

(C) A lawyer shall not request a person or organization to recommend or promote the use of his services or those of

his partner or associate, or any other lawyer affiliated with him or his firm, as a private practitioner, except that:

(1) He may request referrals from a lawyer referral service operated, sponsored, or approved by a bar association and

may pay its fees incident thereto.

(2) He may cooperate with the legal service activities of any of the offices or organizations enumerated in DR 2-

103(D) (1) through (5) and may perform legal services for those to whom he was recommended by it to do such work

if:

(a) The person to whom the recommendation is made is a member or beneficiary of such office or organization; and

(b) The lawyer remains free to exercise his independent professional judgment on behalf of his client.

(D) A lawyer shall not knowingly assist a person or organization that furnishes or pays for legal services to others to promote the use of his services or those of his partner or associate or any other lawyer affiliated with him or his firm except as permitted in DR 2-101(B). However) this does not prohibit a lawyer or his partner or associate or any other lawyer affiliated with him or his firm from being recommended, employed or paid by, or cooperating with, one of the following offices or organizations that promote the use of his services or those of his partner or associate or any other lawyer affiliated with him or his firm if there was no interference with the exercise of independent professional judgment in behalf of his client: (1) A legal aid office or public defender office:

(a) Operated or sponsored by a duly accredited law school.

(b) Operated or sponsored by a bona fide nonprofit community organization.

(c) Operated or sponsored by a governmental agency.

(d) Operated, sponsored, or approved by a bar association.

(2) A military. assistance office.

(3) A lawyer referral service operated, sponsored, or approved by a bar association.

(4) Any bona fide organization that recommends, furnishes or pays for legal services to its members or beneficiaries, provided the following conditions are satisfied: (a) Such organization including any affiliate, is so organized and operated that no profit is derived by it from the rendition of legal services by lawyers, and that, if the organization is organized for profit, the legal services are not rendered by lawyers employed, directed, supervised or selected by it except in connection with matters where such organization bears ultimate liability of its member or beneficiary. (b) Neither the lawyer, nor his partner, nor associate, nor any other lawyer affiliated with him, or his firm, nor any non-lawyer, shall have initiated or promoted such organization for the primary purpose of providing financial or other benefit to such lawyer, partner, associate or affiliated lawyer.

(c) Such organization is not operated for the purpose of procuring legal work or financial benefit for any lawyer as a private practitioner outside of the legal services program of the organization.

(d) The member or beneficiary to whom the legal services are furnished, and not such organization, is recognized as the client of the lawyer in the matter.

Any member or beneficiary who is entitled to have legal services furnished or paid for by the organization may, if such member or beneficiary so desires, select counsel other than that furnished, selected or approved by the organization for the particular matter involved; and the legal service plan of such organization provides appropriate relief for any member or beneficiary who asserts a claim that representation by counsel furnished, selected or approved would be unethical, improper or inadequate under the circumstances of the matter involved and the plan provides an appropriate procedure for seeking such relief.

(f) The lawyer does not know or have cause to know that such organization is in violation of applicable laws, rules of court and other legal requirements that govern its legal service operations.

(g) Such organization has filed with the appropriate disciplinary authority at least annually a report with respect to its legal service plan, if any, showing its terms, its schedule of benefits, its subscription charges) agreements with counsel, and financial results of its legal service activities or if it has failed to do so, the lawyer does not know or have cause to know of such failure.

(5) A public interest law firm, which is defined a,-A nonprofit firm which provides, without cost or at a substantially reduced fee, legal services which could not be provided by a governmental agency or by any other means, and has been recognized and approved as such by the Board of Governors of the State Bar of Arizona., and which falls exclusively into one or more of the following areas: (a) Poverty Law: Legal services in civil and criminal matters of importance to a client who does not have the financial resources to compensate counsel.

(b) Individual Civil Rights Law: Legal representation of an important right of an individual which society has a special interest in protecting, but which the client would not otherwise seek to vindicate.

(c) Public Rights Law: Legal representation involving an important right belonging to the public at large, where those assorting the right would not otherwise seek its vindication.

(d) Charitable organization Representation: Legal service to charitable, religious, civic and educational institutions in matters in furtherance of their organizational purpose of customary legal fees would significantly deplete the organization's economic resources.

(e) A lawyer shall not accept employment when lie knows, or it is obvious that the person who seeks his services does so as a result of conduct prohibited under this Disciplinary Rule.

DR 2-104 Suggestion of Need of Legal Services.

(A) A lawyer who has given unsolicited advice to a layman that he should obtain counsel or take legal action shall not accept employment resulting from that advice, except that

(I) A lawyer may accept employment by a close friend relative, former client (if the advice is germane to the former employment), or one whom the lawyer reasonably believes to be a client.

(2) A lawyer may accept employment that results from his participation in activities designed to educate laymen to recognize legal problems, to make intelligent selection of counsel or to utilize available legal services if such activities are conducted or sponsored by any of the office or organizations enumerated in DR 2-103(D) (1) through (5) and to the extent and under the conditions prescribed therein,

(3) A lawyer who is recommended,. furnished or U.1iJ by a qualified legal assistance organization enumerated in DR 2-103(D) (1) through (5) may represent a member or beneficiary thereof, to the extent and under the conditions prescribed therein.

(4) Without affecting his right to accept employment, a lawyer may speak publicly or write for publication on legal topics so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice.

(5) If success in asserting rights or defenses of his client in litigation in the nature of a class action is dependent upon the joinder of others, a lawyer may accept, but shall not seek, employment from those contacted for the purpose of obtaining Chair joinder.

DR 2-105 Limitation of Practice.

(A) A lawyer shall not hold himself out publicly as a specialist or as limiting his practice, except as permitted under DR 2-102 (A) (6) or as follows (1) A lawyer admitted to practice before the United States Patent Office may use the designation "Patents," "Patent Attorney," or "Patent Lawyer," or any combination of those terms, on his letterhead and office sign. A lawyer engaged in the trademark practice may use the designation "Trademarks," "Trademark Attorney," or "Trademark Lawyer," or any combination of those terms, on his letterhead and office sign, and a lawyer

.engaged in the admiralty practice may use the designation "Admiralty," "Proctor in Admiralty," or "Admiralty Lawyer," or any combination of those terms, on his letterhead and office sign.

(2) A lawyer may permit his name to be listed in lawyer referral system offices according to the fields of law in which he will accept referrals.

(3) A lawyer available to act as a consultant to or as an associate of other lawyers in a particular branch of law or legal service may distribute to other lawyers and publish in legal journals a dignified announcement of such availability, but the announcement shall not contain a representation of special competence or experience. The announcement shall not be distributed to lawyers more frequently than once in a calendar year, but it may be published periodically in legal journals.

(4) A lawyer specializing in a particular field of law or law practice may hold himself out as such specialist but only in accordance with the rules as prescribed by the Board of Governors of the State Bar of Arizona.

DR 2-10.6 Fees for Legal Services.

(A) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.

(B) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a

definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in

determining the reasonableness of a fee include the following:

(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform

the legal service properly.

(2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.

(3) The fee customarily charged in the locality for similar legal services

(4) The amount involved and the results obtained;

(5) The time limitations imposed by the client or by the circumstances.

(6) The nature and length of the professional relationship with the client.

(7) The experience, reputation, and ability of the lawyer or lawyers performing the services.

(8) Whether the fee is fixed or contingent.

(C) A lawyer shall not enter into an arrangement for, charge, or collect a contingent 'Lee for representing a defendant in a criminal case.

DR 2-107 Division of Fees Among Lawyers. (A) A lawyer shall not divide a fee for legal services with another lawyer who is not a partner in or associate of his law firm or law office, unless:

(1) The client consents to employment of the other lawyer after a full disclosure that a division of fees will be made.

(2) The division is made in proportion to the services performed and responsibility assumed by each.

(3) The total fee of the lawyers does not clearly exceed reasonable compensation for all legal services they rendered the client.

(B) This Disciplinary Rule does not prohibit payment to a former partner or associate pursuant to a separation or retirement agreement.

DR 2-108 Agreements Restricting the Practice of a Lawyer.

(A) A lawyer shall not be a party to or participate in a partnership or employment agreement with another lawyer that restricts the right of a lawyer to practice law after the termination of a relationship created by the agreement, except as a condition to payment of retirement benefits.

(B) In connection with the settlement of a controversy or suit, a lawyer shall not enter into an agreement that restricts his right to practice law.

DR 2-109 Acceptance of Employment.

(A) A lawyer shall not accept employment on behalf of a person if he knows or it is obvious that such person wishes to: (1) Bring a legal action, conduct a defense, or assert a position in litigation, or otherwise have steps taken for him, merely for the purpose of harassing or maliciously injuring any person. (2) Present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by good faith argument for an extension, modification, or reversal of existing law.

DR 2-110 Withdrawal from Employment. In general.

(1) If permission for withdrawal from employment is required by the rules of a tribunal, a lawyer shall not withdraw from employment in a proceeding before that tribunal without its permission.

(2) In any event, a lawyer shall not withdraw from employment until he has taken reasonable steps to avoid foreseeable prejudice to the rights of his client,, including giving due notice to his client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled and complying with applicable laws and rules.

withdraws from employment shall

(3) A lawyer who wit.. refund promptly any part of a fee paid in advance that has not been earned. (B) Mandatory withdrawal. A lawyer representing a client before a tribunal, with its permission if required by its rules, shall withdraw from, employment, and a lawyer representing a client in other matters shall withdraw from employment, if: (1) He knows or it is obvious that his client is bringing the legal action, conducting the defense or asserting a position in the litigation, or is otherwise having steps taken for him merely for the purpose of harassing or maliciously injuring any person.

(2) lie knows or it is obvious that his continued employment will result in violation of a Disciplinary Rule.

(3) His mental or physical condition renders it unreasonably difficult for him to carry out the employment effectively.

(4) He is discharged by his client.

(c) Permissive withdrawal. If DR-2-110 (B) is not applicable, a lawyer may not request permission to withdraw in matters pending before a tribunal and may not withdraw in other matters, unless such request or such withdrawal is because:

(1) His client:

(a) Insists upon a claim or defense that is not warranted under existing law and cannot be supported by good faith

argument for an extension, modification, or reversal of existing law.

(b) Personally seeks to pursue an illegal course of conduct.

(c) Insists that the lawyer pursue a course of conduct that is illegal or that is prohibited under the Disciplinary Rules.

(d) By other conduct renders it unreasonably difficult for the lawyer to carry out his employment effectively.

(e) Insists, ill a matter not pending before a tribunal, that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer but not prohibited under the Disciplinary Rules. (f) Deliberately disregards an agreement or obligation to the lawyer as to expenses or fees.

(2) His continued employment is likely to result in a violation of a Disciplinary Rule.

(3) His inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal.

(4) His mental or physical condition renders it'. difficult for him to carry out the employment effectively.

(5) His client: knowingly and freely assents to termination of his employment.

(6) He believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal.

DR 3-101 Aiding Unauthorized Practice of Law.

(A) A lawyer shall. not aid a non-lawyer in the unauthorized practice of law,

(B) A lawyer shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.

DR 3-102 Dividing Legal Fees With a Non-Lawyer.

(A) A lawyer or law firm shall. not share legal fees With a non-lawyer, except thats (1) An agreement by a lawyer with his firm, partner, or associate may provide for the payment of money, over a reasonable period of time after his death, to his estate or to one or more specified persons. (2) A lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation that fairly represents the services rendered by the deceased lawyer.

(3) A lawyer or law firm may include non-lawyer employees in a retirement plan, even though the Plan is based in whole or in part on a profit-sharing arrangement

DR 3-103 Forming a Partnership with a Non-Lawyer

(A) A lawyer shall not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law.

DR 4-101 Preservation of Confidences and Secrets of a Client.

(A) "Confidence" refers to information protected by the attorney client privilege tinder applicable law, and "secret" refers to other information gained in the professional relation ship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.

(B) Except as permitted by DR 4-101(C), a lawyer shall not knowingly:

(1) Reveal a confidence or secret of his client.

(2) Use a confidence or secret of his client to the disadvantage of the client.

(3) Use a confidence or secret of his client for the advantage of himself or of a third person, unless the client consents after full disclosure.

(C) A lawyer may reveal:

(1) Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them

(2) Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.

(3) The intention of his client to commit a and the information necessary to prevent the crime.

(4) Confidences or secrets necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct.

(D) A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client, except that a lawyer may reveal the information allowed by DR 4-101 (C) through an employee.

DR 5-101 Refusing Employment When the Interests of the Lawyer May Impair His Independent Professional Judgment.

(A) Except with the consent of his client after full disclosure, a lawyer shall not accept employment if the exercise of his professional judgement on behalf of his client will be or reasonably may be affected by his own financial, business property, or personal interests.

(B) A lawyer shall not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except that he may undertake the employment and he or a lawyer in his firm may testify:

(1) If the testimony will relate solely to an uncontested matter.

(2) If the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony.

(3) If the testimony will relate solely to the nature and value of legal services rendered in the case

by the lawyer or his firm to the client.

(4) As to any matter, if refusal would work a substantial hardship on the client because of the distinctive

value of the lawyer or his firm as counsel in the particular case.

DR 5-102 Withdrawal as Counsel When the Lawyer Becomes a Witness.

(A) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any, shall not continue representation in the trial, except that he may continue the representation and he or a lawyer in his firm may testify in the circumstances enumerated in DR 5-101(B) (1) through (4).

(B) If, after undertaking employment in contemplated or pending that he or a lawyer in his firm may be called as a witness other than on behalf of his client, he may continue the representation until it is apparent that his testimony is or may be prejudicial to his client.

DR 5-103 Avoiding Acquisition of Interest in Litigation.

(A) A lawyer shall not acquire a proprietary interest in

the cause of action or subject matter of litigation he

is conducting for a client, except that he may:

(1) Acquire a lien granted by law to secure his fee

or expenses.

(2) Contract with a client for a reasonable contingent

fee in a civil case'.

(11) While representing a client in connection will contemplate or pending litigation a lawyer shall not advance or guarantee financial assistance to his client, except that the lawyer may advance or guarantee the expenses of litigation, including court costs, expenses of investigation expenses of medical examination, and costs of obtaining and presenting evidence, provided the client remains ultimately liable for such expenses.

DR 5-104 -Limiting Business Relations with a Client.

(A) A lawyer shall not-enter into a business transaction with a: client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment therein for the protection of the client, unless the client has consented after full disclosure.

(B) Prior to conclusion of all aspects of the matter giving rise to his employment, a lawyer shall not enter into any arrangement or understanding with a client or a prospective client by which he acquires an interest in publication. rights with respect to the subject matter of his employment or proposed employment.

DR 5-105 Refusing to Accept or Continue Employment if the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer.

(A) A lawyer shall decline proffered employment if the exercise of his independent professional judgment in behalf- of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, except to the extent permitted under DR 5-105(C).

(B) A lawyer shall not continue multiple employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by his representation of another client, except to the extent permitted under DR 5-105(C).

(C) In the situations covered by DR 5-105 (A) and (B), a lawyer may represent multiple clients if it is obvious that he can adequately represent the interest of each. and if each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each

(D) If a lawyer is required to decline employment or to withdraw from employment under DR 5-105, no partner or associate of his or his firm may accept or continue such employment.

DR 5-106 Settling Similar Claims of Clients.

(A) A lawyer who represents two or more clients shall not make or participate in the making of an aggregate settlement of the claims of or against his clients, unless each client has consented to the settlement after being advised of the existence and nature of all the claims involved in the proposed settlement, of the total amount of the settlement, and of the participation of cacti 'person in the settlement.

DR 5-107 Avoiding Influence by Others Than the Client.

(A) Except with the consent of his client after full disclosure, a lawyer shall. not: (1) Accept compensation for his legal services from one other than his client. (2) Accept from one other than his client any thing of value related to his representation of or his employment by his client.

(B) A lawyer shall not permit a person who recommends, another employs, or pays him to render legal services for another to direct or regulate his professional judgment in rendering such legal services.

(C) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice

law for a profit, if:

1. A non-lawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the 'lawyer for a reasonable time &,ring administration; A non-lawyer is a corporate director or officer thereof; or A non-lawyer has the right to direct or control the professional judgment of a lawyer.

DR 6-101 Failing to Act Competently.

(A) lawyer shall not:

DR 6-102

(1) (DR 6-101(A) I) was omitted by the Arizona Supreme Court in its Order adopting the Code of Professional Responsibility.)

(2) Handle a legal matter without preparation adequate in the circumstances. Neglect a legal matter entrusted to him. Limiting Liability to Client.

(A) A lawyer shall not attempt to exonerate himself from

or limit his liability to his client for his personal

malpractice.

DR 7-101 Representing a Client Zealously.

(A) A lawyer shall not intentionally:

(1) Fail to seek the lawful objectives of his client through reasonably available means permitted by law and the Disciplinary Rules, except as provided by DR 7-101(B). A lawyer does not violate this. Disciplinary Rule, however, by acceding to reasonable requests of opposing counsel which do not prejudice the rights of his client by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process.

(2) Fail to carry out a contract of employment entered into with a client for professional services, but he may withdraw as permitted under DR 2-110, DR 5-102 and DR 5-105.

(3) Prejudice or damage his client during the course of the professional relationship, except as required under DR 7-102(3).

In his representation of a client, a lawyer may:

(1) Where permissible, exercise his professional judgment to waive or fail to assert a right or position of his client.

(2) Refuse to aid or participate in conduct that he believes to be unlawful, even though there is some support for an argument that the conduct is legal.

DR7-102 Representing Client Within the Bounds of the taw. (A) In his representation of a client, a lawyer shall. not:

(1) File a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of his client .when he knows or when it is obvious that such action would Serve merely "-o harass or maliciously injure another.

(2) Knowingly advance a claim or defense that is unwarranted under existing law, except that he may advance such claim or defense if it can be supported by good faith argument for an extension, modification, or reversal of existing law.

(3) Conceal or knowingly fail to disclose that which he is required by law to reveal.

(4) Knowingly use perjured testimony or false evidence.

(5) Knowingly make a false statement of law or fact.

(6) Participate in the creation or preservation of evidence when lie knows or it is obvious that the evidence is false.

(7) Counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent.

(8) Knowingly engage in other illegal conduct or conduct contrary to a Disciplinary Rule.

(B) A lawyer who receives information clearly establishing that:

(1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same, and if his client refuses or is unable to do so, he shall reveal the fraud to the affected person or tribunal.

(2) A person other than his client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal.

DR 7-1.03 Performing the Duty of Public Prosecutor or

Other Government Lawyer.

(A) A public prosecutor or other government lawyer shall not institute or cause to be instituted criminal charges when he knot-is or it is obvious that the charges are not supported by probable cause.

(B) A public prosecutor or other government lawyer in criminal litigation shall make timely disclosure to counsel for the defendant, or to the defendant if he has no counsel, of the existence of evidence, known to the prosecutor or

other government lawyer, that Lends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment.

DR 7-104 Communicating With One of Adverse Interest.

(A) During the course of his representation of a client a lawyer shall not: (1) Communicate or cause another to communicate on the subject of the representation with a party he knows to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such other party or is authorized by law to do so. (2) Give advice to a person who is not represented by a lawyer, other than the advice to secure counsel, if the interests of such person are or have a reasonable possibility of being in conflict with the interests of his client.

DR 7-105 Threatening Criminal Prosecution.

(A) A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.

DR 7-106 Trial Conduct.

(A) A lawyer shall not disregard or advise his client to disregard a standing rule of a tribunal or a ruling of a tribunal made in the course of a proceeding, but he may take appropriate steps in good faith to test the validity of such rule or ruling.

(13) In presenting a matter to a tribunal, a lawyer shall

disclose:

(1) Legal authority in the controlling jurisdiction known to him to be directly adverse to the position of his client and which is not disclosed by opposing counsel.

(2) Unless privileged or irrelevant, the identities of the clients he represents and of the persons who employed him.

(C) In appearing in his professional capacity before a tribunal,

a lawyer shall not:

(1) State or allude to any matter that he has no reasonable basis to believe is relevant to the case or that will not be supported by admissible evidence.

(2) Ask any question that he has no reasonable basis to believe is relevant to the case and that is intended to degrade a witness or other person.

(3) Assert his personal knowledge of the facts in issue, except when testifying as a witness.

(4)Assert his personal opinion as to the justness of a cause , as to the credibility of a witness, as to-the culpability of a civil litigant, or as to the guilt or innocence of an accused; but he may argue, on his analysis of the evidence, for any position or conclusion with respect to the matters stated herein.

(5) Fail to comply with known local customs of courtesy or practice of the bar or a particular tribunal without giving to opposing counsel timely notice of his intent not to comply.

(6) Engage in undignified or discourteous conduct which is degrading to a tribunal.

(7) Intentionally or habitually violate any established rule of procedure or of evidence.

DR 7-107 -Trial Publicity. (A) A lawyer participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and -that does more than state without elaboration: (1) (2) (3)

Information contained in a public record. That the investigation is in progress. The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim. A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto. A warning to the public of any dangers.

(B) A lawyer or law firm associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance' of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to:

(1) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused.

(2) The possibility of a plea of guilty to the offense charged. or to a lesser offense.

(3) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to-make a statement.

(4) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests. The identity, testimony, or credibility of a prospective witness.

(5) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

(C) DR 7-107(B) does not preclude a lawyer during such period from announcing:

(1) The name, age, residence, occupation, and family status of the accused.

(2) If the accused has not been apprehended, any information necessary to aid in his apprehension or to warn the public of any dangers he may present.

(3) A request for assistance in obtaining evidence.

(4) The identity of the victim of the crime.

(5) The fact, time, and place. of arrest, resistance, pursuit, and use of weapons.

(6) The identity of investigating and arresting officers or agencies and the length of the investigation.

(7) At the time of seizure, a description of the physical evidence seized, other than a confession, admission, or statement.

(8) The nature, substance, or text of the Charge.

(9) Quotations from or references to public records of the court in the case.

(10) The scheduling or result of any step in the judicial proceedings.

(11) That the accused denies the charges made against him.

(D) During the selection of a jury or the trial of a criminal matter a lawyer or law firm associated with the prosecution or defense of a criminal matter shall not make or participate in making an extra judicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to the trial, parties, or issues in the trial or other matters that are reasonably likely to interfere with a fair trial, except that he may quote from or refer without comment to public records of the court in the case.

(E) After the completion of a trial or disposition without trial of a criminal matter and prior to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by public communication and that is reasonably likely to affect the imposition of sentence.

(F) The foregoing provisions of DR 7-107 also apply to professional disciplinary proceedings and juvenile disciplinary proceedings when pertinent and consistent with other law applicable to such proceedings.

(G) A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate

in making an extrajudical statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication and that relates to:

(1) Evidence regarding the occurrence or transaction involved.

(2) The character, credibility, or criminal record of a party, witness, or prospective witness. The performance or results of any examinations or tests or the refusal or failure of a party to submit to such. His opinion as to the merits of the claims or

defenses of a party, except as required by law.

(3) administrative rule.

(5) Any other matter reasonably likely to interfere

with a fair trial of the action.

(H) During the pendency of an administrative proceeding, a lawyer or law firm associated therewith shall not make or participate in making a statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication if it is made outside the official course of the proceeding and relates to: (1) Evidence regarding the occurrence or transaction involved. (2) The character, credibility, or criminal record of a party, witness, or prospective witness. (3) Physical evidence or the performance or results of any examinations or tests or the refusal or failure of a party to submit to such. (4) His opinion as to the merits of the claims, defenses, or positions of an interested person. (5) Any other matter reasonably likely to interfere with a fair hearing.

(I) The foregoing provisions of DR 7-107 do not preclude a lawyer from replying to charges of misconduct publicly made against him or front participating in the proceedings of legislative, administrative, or other investigative bodies.

(J) A lawyer shall exercise reasonable care to prevent his employees and associates from making an extrajudical statement that he would be prohibited from making under DR 7-107.

DR 7-108 Communication with or Investigation of Jurors.

(A) Before the trial of a case a lawyer connectcd therewith shall not communicate with or cause another to communicate with anyone he knows to be a member of the venire from which the jury will be selected for the trial of the case.

(B) During the trial of a case:

(1) A. lawyer connected therewith shall not communicate with or cause another to communicate with any member

of the jury.

(2) A lawyer who is not connected therewith shall not

communicate with or cause another to communicate

with a juror concerning the case.

(C) DR 7-108(A) and (B) do not prohibit a lawyer from communicating with veniremen or jurors in the course of official proceedings.

(D) After discharge of the jury from further consideration of a case with which the lawyer was connected, the lawyer shall not ask questions of or make comments to a member of that jury that are calculated merely to harass or embarrass the juror or to influence his actions in future jury service.

(E) A lawyer shall not conductor cause by financial

support or otherwise, another to conduct a vexatious or harassing investigation of either a venireman or .a juror.

(F) All restrictions imposed by DR 7-103 upon a lawyer also apply to communications with or investigations of members of a family of venireman or a juror.

(G) A lawyer shall reveal promptly to the court improper conduct by a venireman or a juror, or by another toward a venireman or a juror or a member of his family, of which the lawyer has knowledge.

DR 7-109 Contact with Witnesses.

(A) A lawyer shall not suppress any evidence that he or his client has a legal obligation to reveal or produce.

(B) A lawyer shall not advise or cause a person to secrete himself or to leave the jurisdiction of a tribunal for the purpose of making him unavailable as a witness therein.

(C) A lawyer shall not pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of his testimony or the outcome of the case. But a lawyer may advance, guarantee, or acquiesce in the payment of: (1) Expenses reasonably incurred by a witness in attending or testifying.

C.

(2) Reasonable compensation to a witness for his

loss of time in attending or testifying.

(3) A reasonable fee for the professional services of an expert witness.

DR 7-110 Contact with Officials.

(A) A lawyer shall not give or lend any thing of value to

a judge, official, or employee of a tribunal.

(B) In an adversary proceeding, a lawyer shall not communicate,

or cause another to communicate, as to the merits of the cause with a judge or an official before whom the proceeding is pending, except:

(1) in the course of official proceedings in the cause.

(2) In writing if he promptly delivers a copy of the writing to opposing counsel or to the adverse party if ha is not represented by a lawyer

(3) Orally upon adequate notice to opposing counsel or to the adverse party if he is not represented by a lawyer.

(4) As otherwise authorized by law.

DR 8-101 Action as a Public Official.

(A) A lawyer who holds public office shall not:

(1) Use his public position to obtain, or attempt to obtain, a special advantage in legislative matters for himself or for a client under circumstances where he knows or it is obvious that such action is not in the public interest.

(2) Use his public position to influence, or attempt to influence, a tribunal to act in favor of himself or of a client.

(3) Accept any thing of value from any person when the lawyer knows or it-is obvious that the offer is for the purpose of influencing his action as a public official.

DR 8-102 Statements Concerning Judges and Other Adjudicatory Officers.

(A) A lawyer shall not knowingly make false statements of fact concerning the qualifications of a candidate for election or appointment to a judicial office.

(B) A lawyer shall not knowingly make false accusations against a judge or other adjudicatory officer.

DR B-103 Lawyer Candidate for Judicial office.

(A) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of Canon 7 of the Code of Judicial Conduct.

DR 9-101 Avoiding Even the Appearance of Impropriety.

(A) A lawyer shall not accept private employment in a matter upon the merits of which he has acted in a judicial capacity.

(B) A lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee.

(C) A lawyer shall not state or imply that he is able to influence improperly or upon irrelevant grounds any tribunal, legislative body, or public official.

DR 9-102 Preserving Identity of Funds and Property of a Client..

(A) All funds of clients paid to a lawyer or law firm, other than advances for costs and expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in which the law office is situated and no funds belonging to the lawyer or law firm shall be deposited therein except as follows: (1) Funds reasonably sufficient to pay bank charges may be deposited therein. (2) Funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved.

(B) A lawyer shall:

(1) Promptly notify a client of the receipt of his funds, securities, or other properties.

(2) Identify and label securities and properties of a client promptly upon receipt and place them in a safe deposit box or other place of safekeeping as soon as practicable.

(3) Maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his client regarding them.

(4) Promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive.

Further duties and obligations of members shall be as prescribed-by the following rules, and shall include the duty:

1. To support the constitution and the laws of the United States and of this State.

2. To maintain the respect due to courts of justice and' judicial officers.

3. To counsel or maintain no other action, proceeding or defense than those which appear to him legal and just, excepting the defense of a person charged with a public offense.

4. To employ for the purpose of maintaining causes confided to him such means only as are consistent with truth, and never seek to mislead the judges by any artifice or false statement of fact or law.

5. To maintain inviolate the confidence and preserve the secrets of a client.

6. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or a witness unless required by the justice of the cause with which lie is charged.

7. Not to encourage either the commencement or continuation. of an action or proceeding from any corrupt motive of passion or interest, and never to reject for -any consideration personal to himself the cause of the defenseless or oppressed. RULE 29(b) Grounds for disbarment, suspension or censure. Grounds for disbarment, suspension or censure of members shall be as follows:

1. Violation of the Code of Professional Responsibility

adopted by, the American Bar Association, as amended by this Court.

2. Willful disobedience or violation of an order of a court requiring him to do or forebear to do an act connected with or in the course of his profession.

3. Any violation of the oath taken by him or of his duties as an attorney.

4. Corruptly and without authority appearing as attorney for a party to an action or proceedings.

5. Lending his name to be used as an attorney by any person who is not a member of the bar of this state in good standing.

6. Failure for thirty days after written demand and payment or tender of the fees and expenses due him from his clients to pay over or deliver to his client any money or another property belonging to his client which 110

has received as attorney in the course of his employment.

7. Soliciting law business through other persons not attorneys at law and agreeing to pay or paying such persons a remuneration for any such business.

8. Failure to maintain such special mental and moral fitness as would have entitled the member to admission in the first instance.

9. Any action or omission, dither related or unrelated to the practice of law, indicating mental or moral unfitness to continue the practice of law.

29(c) Conviction of felony or misdemeanor. A member shall be disbarred upon conviction of any felony, whether or not involving moral turpitude, and shall be disciplined as the facts warrant, upon conviction of a misdemeanor involving moral turpitude. Proof of conviction shall be conclusive evidence of guilt of the crime for which convicted in any disciplinary proceeding based on the conviction.. In those cases involving conviction of a misdemeanor that does or may involve moral turpitude, the appropriate committee shall conduct a disciplinary hearing in accordance with these rules, but the only issues to be determined by the committee shall be whether the crime does involve moral turpitude and the discipline it shall recommend.

Upon conviction of a member of a felony, or of a misdemeanor that does or may involve moral turpitude, the clerk of the court in which the conviction is had shall within twenty days thereafter transmit to this court and to the board a certified copy of the record of conviction.

29(d) Suspension for felony conviction. A member shall be automatically suspended from the practice of law ten days after his conviction of a felony under either state or federal law, whether such conviction be after a plea of guilty, nolo contendere, not guilty or otherwise, and regardless of the pendency of post conviction motions or an appeal, unless within said ten day period the member shall file with this court a verified petition showing good cause why he should not be so suspended. The court may permit the petitioner to present oral argument in support of his petition and shall promptly grant or deny the petition. If the petition is denied, the member shall be suspended as of the date the petition is denied. If the petition is granted, the member shall not be suspended pending completion of a disciplinary proceeding based on such conviction. When a member is suspended under this rule, such suspension shall end upon the conviction being set aside, vacated or reversed and the member shall thereupon be reinstated. Suspension under this rule shall also end in disbarment upon such conviction becoming final.

29(e) Jurisdiction over non-members. A non-member engaged in the practice of law in the State of Arizona or admitted to practice for a particular matter before any court in the State of Arizona thereby submits himself to the disciplinary jurisdiction of this court in accordance with these Rules relating to discipline of attorneys.

RULE 30. ADMINISTRATION OF DISCIPLINARY RULES AND RESIGNATION IN LIEU OF DISBARMENT

30(a) Administration of disciplinary rules. When the conduct of a member is questioned it shall be considered and dealt with as prescribed by these Rules relating to discipline of attorneys.

30(b) Resignation in lieu of disbarment.

1. Any member against whom a formal complaint has been filed may resign by filing with the board, in duplicate original, a written, verified resignation in the form prescribed in these Rules. The resignation shall be effective only upon acceptance by this court. The form of resignation in lieu of disbarment shall be as follows:

IN THE SUPREME COURT OF THE STATE OF ARIZONA

IN RE: (Name of member)

RESIGNATION IN LIEU OF DISBARMENT A member of the State Bar of Arizona.

(Name of attorney), residing at (City and street address), tenders his resignation as a member of the State Bar of Arizona and consents to the removal of his name from the roster of those permitted to practice before this court and from the roster of the State Bar of Arizona.

I acknowledge that a formal complaint has been filed against me by a local administrative committee of the State Bar of Arizona, and I have read the formal complaint and the charges made against me are true in substance and in fact. I further acknowledge that I cannot successfully defend the charges made against me. I do not desire to contest or defend the charges, but wish to resign in lieu of disbarment. This resignation is submitted freely and voluntarily and not under coercion or intimidation. I am aware of the Rules of the Supreme Court with respect to discipline, resignation and reinstatement, and I understand that any future application by me for admission or reinstatement as a member of the State Bar of Arizona will be treated as an application by a member who has been disbarred for professional misconduct, as set forth in the formal complaint filed against me. The misconduct of which I am accused is described in the formal complaint filed against me by Local Administrative

t me by Local Administrative Verification

2. The Board shall immediately forward a duplicate original of the resignation to the clerk of the court, along with a copy of the formal complaint filed against the member. Upon acceptance of the resignation by this court, the court shall promptly enter an order striking the name of the resigning member from the roll of attorneys, and he no longer shall be entitled to the rights and privileges of an attorney, but will remain subject to the jurisdiction of this court with respect to matters occurring while he was a member of the State Bar, and lie shall immediately comply with the requirements of 37(h) of these rules.

3. Upon the acceptance of the resignation by this court, and unless otherwise ordered by this court, no further disciplinary action shall be taken by the board or by an administrative committee in reference to the matters which were the subject of the formal complaint upon which the resignation was based.

30(c) Effect of criminal action. The pendency of a criminal action against a member shall not in and of itself preclude the processing of any disciplinary matter against a member in accordance with these Rules relating to discipline of attorneys.

30(d) Resignation.

1. Members in good standing who wish to resign from membership in the State Bar of Arizona may do so, and such resignation shall become effective when filed in the office of the State Bar, accepted by the Board of Governors, and approved by this court. After the resignation is approved by this Court, such member shall be known as a "resigned member in good standing." Provided, however, that any such resignation shall not be a bar to institution of subsequent disciplinary proceedings for any conduct of the resigned member occurring prior to the resignation. In the event such resigned member thereafter is disbarred, suspended or censured, the said resigned member's status shall be changed from the status of "resigned member in good standing" to that of a person so disciplined.

2. Resigned members in good standing may be reinstated to membership in the same manner and on the same terms as members suspended for nonpayment of membership fees.

3. A member wishing to resign shall apply on a form approved by the Board of Governors and shall furnish such information as is required upon such form and shall make such allegations, under oath, as are required on such form.

4. If disciplinary proceedings are instituted against him a "resigned member in good standing" may resign in accordance with Rule 30(b).

RULE 31. LOCAL ADMINISTRATIVE COMMITTEES. 31(a) Designation of districts; number of committees and committee membership. For the purpose set forth in these Rules relating to discipline of members, one or more local administrative committees shall be appointed for each of the districts designated in this subdivision. The number of committees in each district and the members thereof shall be determined by the Board of Governors with the approval of this Court. The districts and counties comprising each district are as follows: District No. 1, Mohave and Yavapai Counties; District No. 2, Apache, Navajo and Coconino Counties; District No. 3, Gila, Graham and Greenlee Counties; District No. 4, Cochise, Santa Cruz, Pima and Pinal Counties; District No. 5, Maricopa County; and District No. 6, Yuma County.

31(b) Appointment of committee members. The board shall appoint active members in their respective districts as such committee members, and shall designate the chairman of each committee.

31(c) Committee members; acceptance of appointment; term; vacancies. 1. Appointees, upon notification of their appointment as committee members and chairman respectively, shall execute an acceptance of the office and file it with the board and a certificate of appointment shall thereupon issue.

2. Each committee member shall serve for a term of three years from the date his certificate of appointment issues and until his successor is appointed and qualified; provided, however, that such appointment may be terminated for cause at any time by the board or by order of this court. No person shall be appointed for more than two successive three year terms. The board shall promptly notify this court of the appointment and qualification of each committee member. The member of each committee designated as chairman in such capacity during the term of his appointment.

3. If an appointee fails to qualify or if a vacancy otherwise occurs in the membership of any committee in any district, the vacancy shall be filled in the manner provided for the original appointment.

4. On the effective date of these Rules one member of each committee shall be apointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years. In order to establish continuity with the committees existing on the effective date of these rules, at least one member of each committee established by Rule 31(a) shall be selected from the existing committees. The expiration of the term of any member serving on the date these Rules become effective, or thereafter appointed, shall not disqualify such member from concluding any matter pending before him in which a disciplinary hearing has been held.

31(d) Meetings.

1. Committee meetings may be held at a time and place within the district fixed by the chairman or any two committee members. Notice of such meeting shall be given orally or by mail or telegram addressed to each committee member at his office not less than one day prior to the meeting.

2. Notice to members of the committee of a disciplinary hearing shall be given by mailing a copy of the notice of disciplinary hearing to each member of the committee at his office at the same time that such notice is given to the respondent.

RULE 32. PROCEDURAL POWERS AND REQUIREMENTS

32(a). Powers of committee members; quorum.

1. Any committee member may administer oaths and affirmations. The committee may take and hear evidence with respect to matters concerning the conduct of members of the state bar, and may compel the attendance of witnesses and the production of books, papers and documents pertaining to such matters and may issue subpoenas therefor, which, when ordered by the committee, may be signed by any member thereof. Depositions may be taken and used in the same manner as provided in civil actions. When a person subpoenaed to appear and give testimoney or to produce books, papers or documents as required by the subpoena, refuses to appear or testify before the committee, or to answer any pertinent or proper questions, he shall be deemed in contempt of the committee, and the chairman of the committee shall report such fact to the superior court of the county in which the investigation, trial or hearing is being held, whereupon such court shall issue an attachment in the form usual in the court, directed to the sheriff of any county in the state, commanding the sheriff to attach such person and forthwith bring him before the court. Upon return of the attachment and production of the person attached, the court shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a superior court.

2. For the purpose of Conducting a disciplinary hearing a quorum shall consist of the full committee. All actions taken by the committee at a disciplinary hearing shall be by majority vote of the committee.

32(b) Power of board of governors to appoint special committee, or members, or order removal from district. If for any reason the board of governors is of the opinion that good cause exists for the appointment of a special committee to act in any certain disciplinary matter instead of the regularly appointed local administrative committee, the president may appoint such special administrative committee and its chairman to act in the particular disciplinary matter with all powers of a regularly appointed committee. If good cause exists for the removal of a disciplinary matter to another administrative committee of the same district or to an administrative committee of another district, the board, the president, a vice president or the executive director acting under the authority of the board, may order such removal. At the request of any committee member, or on its own motion, the board, the president, a vice president or the executive director acting under the authority of the board, may appoint from the active membership another member to act in place of a regular committee member in a particular disciplinary matter.

32(c) Rights of respondent. Any person against whom a formal complaint has been filed shall have the right to defend against the charge by the introduction of evidence, the right to be represented by counsel, and the right to examine and cross-examine witnesses. He shall also have the right to have subpoenas issued for the attendance of witnesses to appear and testify or produce books and papers.

32(d) Privacy of records and proceedings.

1. Except when ordered by the board of governors pursuant to the provisions of subparagraph 32(d)(2) hereof, or unless otherwise provided in these rules relating to discipline of attorneys, the investigations, disciplinary hearings and all proceedings under these rules shall be private and the name of the member under investigation shall not be disclosed in any communication or to any person other than to such member and the persons whose services or testimony are necessary in connection with the proceeding, except that when requested by the respondent a disciplinary hearing and the entire record and proceedings shall cease to be private and shall be made public. Witnesses may be placed under the rule at the instance of the respondent.

2. When an investigation or formal proceeding concerns a subject matter which has become generally disseminated to the public and in which confidence in the legal profession, the administration of justice, or the state bar may be jeopardized by strict adherence to the principles of confidentiality, the president of the state bar, or some other designated representative of the state bar, upon order of the board of governors, may release to the -public the fact that an investigation or proceeding is pending against a member of the state bar, the procedural aspects involved in such a proceeding, and the current status of the proceeding

When it is determined by the board of governors that information secured by representatives of the state bar during the course of any disciplinary proceeding should, in the interest of justice, be released or disclosed to prosecuting or other public authorities, the president of the state bar, or some other designated representative of the state bar, upon order of the board of governors, shall release to such prosecuting authorities or other public officials designated by the board of governors any such information, facts or documents obtained by the state bar in the course of any disciplinary investigation.

3. The file and record of any investigation or- disciplinary hearing shall be preserved by the committee and shall not be open for inspection except to the committee members, bar counsel and staff examiner in the particular matter, the respondent, his counsel and the board members and officers, and except as provided in Rule 3 2 (d) (1) and 3 2 (d) (2)

RULE 33. INVESTIGATION FILING SYSTEM AND HEARING

33(a) Investigation and filing system.

1. When the conduct of a member is questioned the committee of the district in which such member then resides, or any other committee requested by the board, shall investigate his conduct and fitness to continue as a member, provided that an informal investigation may be conducted pursuant to Rule 33(a)l. The committee may proceed upon its own motion, upon written complaint, or upon request of the board or this court. When the conduct of a member is questioned, other than on motion of a committee or upon request by the board or this court, a written complaint shall be filed by the complainant with the board in the office of the state bar, or with the chairman of the committee. If the complaint is first filed in the office of the state bar, it shall forthwith be assigned a number and a copy of it may be forwarded to the appropriate committee chairman for investigation by his committee, and the original shall be retained in the office of the state bar. If the complaint is first filed with a committee chairman, he shall forthwith mail the original to the board whereupon it shall be assigned a number and a copy of the complaint with the number assigned to it may be mailed to the committee chairman for investigation by his committee. The complainant, if any, shall receive prompt notice from the board that his complaint has been referred for investigation. When the conduct of a member is questioned on the motion of a committee or upon the request of the board or this court, the committee chairman shall promptly notify the board in writing of the name of the member and the nature of the charges made against him. Upon receipt of such communication by the board, a number shall be assigned to the case and the committee chairman shall forthwith be advised of the number so assigned.

2. All complaints received in the state bar office shall be reviewed by the executive director acting under the authority of the board of governors. Based upon such review, the executive director may conduct an informal investigation or refer the matter directly to a local administrative committee. Following an informal investigation, the executive director may dismiss the complaint or refer it to a local administrative committee. Such dismissals by the executive director shall be reviewed by the first vice president who may approve, modify, or refer the complaint to a local administrative committee for further investigation pursuant to these rules.

33(b) Investigation, formal complaint, hearings bar counsel, staff examiner.

1. If, based upon an informal investigation as provided by Rule 33(a)2, the executive director believes that a member should be given an informal letter of reprimand, the matter shall be referred to the first vice president with the recommendation that an informal reprimand be issued. The first vice president shall review the record and either issue an informal letter of reprimand, order that the matter be dismissed, order that additional investigation be conducted, or order that the matter be referred to a local administrative committee. Any informal letter of reprimand shall be made on a confidential basis and not be referred to this court, but such informal reprimand shall be maintained in the state bar files and-may be considered in any subsequent disciplinary proceedings. An informal letter of reprimand shall be accompanied by a copy of this rule. Should the member under investigation object to the informal letter of reprimand, such member must do so in writing to the first vice president within ten (10) days after service on him of the informal reprimand and request that the matter be refer-red to a local administrative committee. Upon receipt of such request, the first vice president shall refer the matter to a local administrative committee. The local administrative committee, upon receipt of such matter, shall proceed with an investigation in accordance with these rules.

2. When a complaint is referred to a committee the committee shall conduct such preliminary investigation as will enable it to determine whether there is probable cause to believe that the member in question is or may be guilty Of misconduct justifying disciplinary action. If, after such preliminary investigation, the committee is of. the opinion that no such probable cause exists, it shall so report to the board in writin