Ariz. Sup. Ct. R. 31.3

Exceptions to Rule 31.2.

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Rule 31.3. Exceptions to Rule 31.2.
(a) Generally.
(1) Notwithstanding Rule 31.2, a person or entity may engage in the practice of
law in a limited manner as authorized in Rule 31.3(b) through (e), but the person or
entity who engages in such an activity is subject to the Arizona Supreme Court’s
jurisdiction concerning that activity.
(2) A person who is currently suspended or has been disbarred from the State Bar
of Arizona, or is currently on disability inactive status, may not engage in any of the
activities specified in this Rule 31.3 unless this rule authorizes a specific activity.
(3) An ABS whose license has been suspended or revoked may not engage in any
of the activities specified in this rule, except an ABS whose license has been
suspended may engage in activities as expressly authorized by judgment or order of
the Arizona Supreme Court, the presiding disciplinary judge, or a hearing panel.
(b) Governmental Activities and Court Forms.
(1) In Furtherance of Official Duties.  An elected official or employee of a
governmental entity may perform the duties of his or her office and carry out the
government entity’s regular course of business.
(2) Forms.  The Supreme Court, Court of Appeals, superior court, and limited
jurisdiction courts may create and distribute forms for use in Arizona courts.
(c) Legal Entities.
(1) Definition. “Legal entity” means an organization that has legal standing under
Arizona law to sue or be sued in its own right, including a corporation, a limited
liability company, a partnership, an association as defined in A.R.S. §§ 33-1202 or
33-1802, a trust, or a governmental or tribal entity.

(2) Documents.  A legal entity may prepare documents incidental to its regular
course of business or other regular activity if they are for the entity’s use and are not
made available to third parties.
(3) Justice and Municipal Courts.  A person may represent a legal entity in a
proceeding before a justice court or municipal court if:
(A) the person is an officer, partner, member, manager, or employee of the
entity;
(B) the entity has specifically authorized the person to represent it in the
proceeding;
(C) such representation is not the person’s primary duty to the entity, but is
secondary or incidental to other duties relating to the entity’s management or
operation; and
(D)  the person is not receiving separate or additional compensation for
representing the entity (other than receiving reimbursement for costs).
(4) General Stream Adjudication Proceeding.  A person may represent a legal
entity in superior court in a general stream adjudication proceeding conducted under
A.R.S. §§ 45-251 et seq. (including a proceeding before a master appointed under
A.R.S. § 45-255) if:
(A) the person is an officer, partner, member, manager, or employee of the
entity;
(B) the entity has specifically authorized the person to represent it in the
proceeding;
(C) such representation is not the person’s primary duty to the entity but is
secondary or incidental to other duties related to the entity’s management or
operation; and
(D)  the  person  is  not  receiving  separate  or  additional  compensation  for
representing the corporation or association (other than receiving reimbursement
for costs).
(5) Administrative Hearings and Agency Proceedings. A person may represent a
legal entity in a proceeding before the Office of Administrative Hearings, or before an
Arizona administrative agency, commission, or board, if:
(A) the person is an officer, partner, member, manager, or employee of the
entity;
(B) the entity has specifically authorized the person to represent it in the
particular proceeding;

(C) such representation is not the person’s primary duty to the entity, but is
secondary or incidental to other duties relating to the entity’s management or
operation; and
(D)  the  person  is  not  receiving  separate  or  additional  compensation  for
representing the entity (other than receiving reimbursement for costs).
(6) Arizona Corporation Commission. A person may represent a legal entity in a
proceeding  before  the  Arizona  Corporation  Commission  (“Commission”)  if  the
representation complies with subsection (c)(5). Additionally, a person with expertise
in the field of public utility regulatory compliance, public utility accounting or
finance,  public  utility  engineering,  railroad  engineering  or  safety,  or  pipeline
engineering or safety may prepare, submit, or file with the Commission on the entity’s
behalf a tariff, rate schedule, engineering report, or other technical or financial
document within the person’s field of expertise.
(7) Exception. Despite Rule 31.3(c)(3) through (c)(6), a court, the hearing officer,
or the officer presiding at the agency or commission proceeding, may order the entity
to appear only through counsel if the court or officer determines that the person
representing  the  entity  is  interfering  with  the  proceeding’s  orderly  progress  or
imposing undue burdens on other parties.
(d) Tax-Related Activities and Proceedings.
(1) A person may prepare a tax return for an entity or another person.
(2) A certified public accountant or other federally authorized tax practitioner (as
that term is defined in A.R.S. § 42-2069(D)(1)) may:
(A) render individual and corporate financial and tax advice to clients and
prepare tax-related documents for filing with governmental agencies;
(B) represent a taxpayer in a dispute before the State Board of Tax Appeals if
the amount at issue is less than $25,000; and
(C) practice before the Internal Revenue Service or other federal agencies if
authorized to do so.
(3) A property tax agent (as that term is defined in A.R.S. § 32-3651), who is
registered with the Arizona State Board of Appraisal under A.R.S. § 32-3642, may
practice as authorized under A.R.S. § 42-16001.
(4) A person may represent a party in a small claim proceeding in Arizona Tax
Court conducted under A.R.S. §§ 12-161 et seq.
(5) In any tax-related proceeding before the Arizona Department of Revenue, the
Office of Administrative Hearings relating to the Arizona Department of Revenue, a
state or county board of equalization, the Arizona Department of Transportation, the
Arizona Department of Economic Security, the Arizona Department of Child Safety,

or any county, city, or town taxing or appeals official, a person may represent a
taxpayer if:
(A) the person is:
(i)  a certified public accountant,
(ii) a federally authorized tax practitioner (as that term is defined in A.R.S.
§ 42-2069(D)(1)); or
(iii) in matters in which the amount in dispute, including tax, interest and
penalties, is less than $5,000, the taxpayer’s duly appointed representative; or
(B) the taxpayer is a legal entity (including a governmental entity) and:
(i) the person is an officer partner, member, manager, or employee of the
entity;
(ii) the entity has specifically authorized the person to represent it in the
proceeding;
(iii) such representation is not the person’s primary duty to the entity, but is
secondary or incidental to other duties relating to the entity’s management or
operation; and
(v) the person is not receiving separate or additional compensation for such
representation (other than receiving reimbursement for costs).
(e) Other.
(1) Children with Disabilities.  In any administrative proceeding under 20 U.S.C.
§§ 1415(f) or (k) regarding any matter relating to the identification, evaluation,
educational placement, or the provision of a free appropriate public education for a
child with a disability or suspected disability, a person may represent a party if:
(A) the hearing officer determines that the person has special knowledge or
training with respect to the problems of children with disabilities; and
(B) the person is not charging a fee for representing the party (other than
receiving reimbursement for costs).
Despite these provisions, the hearing officer may order the party to appear only
through counsel or in some other manner if he or she determines that the person
representing the party is interfering with the proceeding’s orderly progress or imposing
undue burdens on other parties.
(2) Department of Fire, Building and Life Safety. In any landlord/tenant dispute
before the Arizona Department of Fire, Building and Life Safety, a person may
represent a party if:
(A) the party has specifically authorized the person to represent the party in the
proceeding; and

(B) the person is not is not charging a fee for the representing the party (other
than receiving reimbursement for costs).
(3) Fiduciaries.  A person licensed as a fiduciary under A.R.S. § 14-5651 may
perform services in compliance with Arizona Code of Judicial Administration § 7-202
without acting under the supervision of an attorney authorized under Rule 31.1(a) to
engage in the practice of law in Arizona. Despite this provision, a court may suspend
the  fiduciary’s  authority  to  act  without  an  attorney  if  it  determines  that  lay
representation is interfering with the proceeding’s orderly progress or imposing undue
burdens on other parties.
(4) Legal Document Preparers and Legal Paraprofessionals.  Certified legal
document preparers and legal paraprofessionals may perform services in compliance
with the Arizona Code of Judicial Administration. Disbarred or suspended attorneys
may  only  be  certified  as  a  legal  document  preparer  or  licensed  as  a  legal
paraprofessional if approved by the Supreme Court.
(5) Mediators.
(A) A person who is not authorized under Rule 31.1(a) to engage in the
practice of law in Arizona may prepare a written agreement settling a dispute or
file such an agreement with the appropriate court if:
(i) the person is employed, appointed, or referred by a court or government
entity  and  is  serving  as  a  mediator  at  the  direction  of  the  court  or  a
governmental entity; or
(ii)  the  person  is  participating  without  compensation  in  a  nonprofit
mediation  program,  a  community-based  organization,  or  a  professional
association.
(B) Unless specifically authorized in Rule 31.3(e)(5)(A), a mediator who is not
authorized under Rule 31.1(a) to engage in the practice of law in Arizona and who
prepares or provides legal documents for the parties without attorney supervision
must be certified as a legal document preparer in compliance with the Arizona
Code of Judicial Administration § 7-208.
(6) Nonlawyer Assistants and Out-of-State Attorneys.
(A)  A  nonlawyer  assistant  may  act  under  an  attorney’s  supervision  in
compliance with ER 5.3 of the Arizona Rules of Professional Conduct. This
exception is not subject to the restriction in Rule 31.3(a)(2) concerning a person
who is currently suspended or has been disbarred from the State Bar of Arizona or
is currently on disability inactive status.
(B) An attorney licensed in another jurisdiction may engage in conduct that is
permitted under ER 5.5 of the Arizona Rules of Professional Conduct.

(7) Personnel Boards.  An employee may designate a person as a representative
who is not necessarily an attorney to represent the employee before any board hearing
or any quasi-judicial hearing dealing with personnel matters, but no fee may be
charged  (other  than  for  reimbursement  of  costs)  for  any  services  rendered  in
connection with such hearing by any such designated representative who is not
authorized under Rule 31.1(a) to engage in the practice of law in Arizona.
(8) State Bar Fee Arbitration.  A person may represent a legal entity in a fee
arbitration  proceeding  conducted  by  the  State  Bar  of  Arizona  Fee  Arbitration
Committee, if:
(A) the person is a full-time officer, partner, member, manager, or employee of
the entity;
(B) the entity has specifically authorized the person to represent it in the
particular proceeding;
(C) such representation is not the person’s primary duty to the entity, but is
secondary or incidental to other duties relating to the entity’s management or
operation; and
(D)  the  person  is  not  receiving  separate  or  additional  compensation  for
representing the entity (other than receiving reimbursement for costs).

Attachment #2

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