PRO STATEMENT

The practice of law, like most businesses, is becoming regional rather than local. For economic viability and to compete in this new marketplace, Arizona attorneys need access to national and regional markets. As the majority of other states have already adopted admission by motion rules and the remaining states continue to follow this trend, Arizona attorneys are being left behind. The adoption of the proposed rule would permit Arizona attorneys to gain access to admission in other jurisdictions and thereby have the ability to represent their existing clients and solicit new clients in larger legal markets and benefit from the ability to practice across state lines. Further, Arizona legal employers, both public and private, would be able to more effectively recruit talented experienced attorneys from other jurisdictions. In addition, in this mobile society, Arizona attorneys need to be able to join other states’ bars if they and their families move to other states. Without admission by motion, those relocating Arizona attorneys would be precluded from admission to other bars absent a bar examination, despite decades of experience and clean records with the State Bar of Arizona. Studying for a general examination is prohibitive to an attorney engaged in active practice. Moreover, the examination itself is geared towards new attorneys, not long-term practitioners. The Arizona attorney’s experience and qualifications should be judged by the same process afforded attorneys from other states. That equalization can only be accomplished by permitting admission by motion with reciprocity.

The suggested revisions do not allow “free” admission to the State Bar of Arizona. As noted in the petition, the applicants must meet all the requirements of admission except one: the bar examination. The adoption of such rules by other states has not resulted in a substantial increase of attorneys admitted in such states. (See The National Council of Bar Examiners Report for 2005, attached to the Petition online.) Even if some Arizona attorneys feel reciprocity with other states may run against their own self-interest, it is not the role of the State Bar of Arizona nor the Supreme Court to protect them from perceived competition. Further, the fee required for admission on motion can be set at an amount significantly higher than the cost to take the bar examination. Many states have adopted a fee that is two to three times that required for the bar examination. Such additional fees can be used by the State Bar of Arizona for educational programs and increased vigilance of all attorneys.