Arizona Rule for Admission 38 (c) and (d) exempt law school faculty members that are full-time as well as clinical professors from having to undergo a formal admissions process. With the full support of the Dean of a law school, faculty members at the three law schools in the state can apply to practice law in Arizona as an active member of the Arizona bar without ever having to take the Arizona bar exam. Certified clinical professors also have the ability to practice in court as long as it is to supervise an approved law school clinical program.
Arizona Full-Time Law School Faculty Members
For law professors to be eligible under Rule 38(c), they must meet the following requirements:
- Have a juris doctor from a law school that is ABA approved.
- Be licensed in another jurisdiction
- Pay all applicable bar fees and costs
In addition the admitted law professor must adhere to the following:
- Limit practice as indicated by the university
- Can not be compensated for more than 8 hours a week during the calendar year
- Make certainty Dean advises the state bar which professors are admitted to the practice of law
- If a law professor is terminated by the university, their ability to practice is also terminated and they must take the Arizona bar or be admitted on motion in order to practice.
Arizona Clinical Law Professors
For clinical law professors to be eligible under Rule 38(d), they must meet the following requirements:
- Have a juris doctor from a law school that is ABA approved.
- Be licensed in another jurisdiction
- Pay all applicable bar fees and costs
- Be familiar with the Arizona rules of professional conduct
In addition the admitted law professor must adhere to the following:
- Attorneys are able to practice as if they are member of the Arizona bar and no fees are required to be paid
- The client being represented must consent to the attorneys representation
- The attorney can not receive and compensations for their services
- If a clinical professor is terminated by the university, their ability to practice on behalf of the university is also terminated, the clinical professor can also be terminated by the Arizona Supreme Court without any cause or notice.
Law Students
Law students are able to practice law in Arizona courts on a limited basis under Rule 38(d). To obtain this certification law students must be enrolled full-time at one of the schools of law at Arizona. Arizona law students admission certification requires students to meet the following:
- Complete at least 3 semesters of legal studies
- Be certified by a Dean of the law school
- Show good character and legal competence
- Certify in writing that they understand the Arizona rules of professional conduct
- Certify in writing that they understand the Arizona Supreme Court rules
- Must make certain that the clinical law practice program has informed the Arizona Bar of the program within 30 days of the students first day in the program.
- Can not receive any compensation for their representation, but they may be compensated if they are in employment of legal aid bureaus, attorneys, public defender organizations or by the state.
Arizona Law Student Admission: Limited Practice
Arizona law students admission or ability to practice law depends on a few things. However, in general, Arizona law student admission toward a limited basis, enables them to participate in the following activities. This list is not all-encompassing but touches on the most common issues the legal student can engage in or represent a client on:
- Civil Matters of the local courts (with clients consent)
- Criminal Matters, misdemeanor in nature in the local courts (with clients consent).
- In both above matters the supervising attorney must be present except in municipal, magistrate or justice courts.
- Law students can however practice the following outside of the general supervisor o a supervising attorney
- Prepare motions, briefs pleadings, and other legal documents, as long as they are signed by the supervising attorney
- Assist indigent individuals and inmates who request information in regards to post conviction assistance
Requirements of Supervising Attorneys
Supervising attorneys must adhere to the following:
- Assume responsibility for student’s guidance and students work
- Agree to be the supervising attorney
- Agree to adhere to the law school guidelines of supervising attorneys
- Adhere to the Arizona professional rules of responsibility