Abstract

In the American system of government, those wrongly harmed seek and find redress through the judicial system. Therefore, unhampered access to this system is paramount. Additionally, skillful employment of the judiciary process is critical. However, an alarming number of Americans who encounter legal problems do not obtain the services of a lawyer. Many believe that legal representation is too expensive. Whether true or not, there is a perception that lawyers have priced themselves out of the market. Those who cannot afford a lawyer often turn to a nonlawyer to obtain needed legal services.

Laws that regulate the unauthorized practice of law are designed to protect these individuals. Yet, the same laws that are designed to protect the public from incompetent legal services unavoidably increase the cost of such services. Much of the debate in regulating the unauthorized practice of law involves the tension between keeping quality high and costs low.

This Note examines the general rules that govern the unauthorized practice of law in Arizona. Section One considers the importance of regulating unlicensed providers of legal services. Next, Section Two addresses enforcement problems and the difficulty of determining what constitutes the practice of law. Section Three analyzes proposed reform measures from other states as models for possible future reform in Arizona. Sections Four and Five examine the evolution of the unauthorized practice rules in Arizona and how these regulations are enforced. Section Six discusses the future of the unauthorized practice of law rules in Arizona and concludes by suggesting an approach to reform.

This Note is not specifically addressed to what lawyers should or should not be allowed to do. Rather, this Note is primarily concerned with how the unauthorized practice of law is regulated.

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