No. 20-594

Richard S. Berry v. State Bar of Arizona

Lower Court: Arizona
Docketed: 2020-11-04
Status: Denied
Type: Paid
Response Waived
Tags: antitrust civil-rights commercial-speech constitutional-challenge due-process first-amendment free-speech professional-regulation professional-services standing state-bar-regulation unauthorized-practice-of-law
Key Terms:
Arbitration Antitrust Securities
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Is a court rule defining and prohibiting the unauthorized practice of law an unconstitutional abridgment of commercial speech?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A) IS ACOURT RULE DEFINING AND PROHIBITING THE UNAUTHORIZED PRACTICE OF LAW (“UPL”) AN UNCONSTITUTIONAL ABRIDGMENT OF COMMERCIAL SPEECH WHEN a) IT IS VAGUE AND OVERBROAD AND b) IT FOSTERS NO “SUBSTANTIAL STATE INTEREST” [Bates v. State Bar of Arizona, 433 U.S. 350 (1977)] WHEN THE CHARGING OF AFEE IS BY THE RULE THE SOLE DETERMINANT IN FINDING UPL EXTANT IF THE FEE IS PAID TOA NONLAWYER AND NOT A LAWYER? B) WHILE A STATE MAY LEGISLATIVELY MONOPOLIZE A MARKET FOR A SERVICE (HERE, LIMITING RENDITION OF LEGAL SERVICES TO MEMBERS OF A BAR), MAY THE BAR POLICE UPL WHERE THE MEMBERSHIP OF THE GOVERNING AGENCY ARE PRACTICING LAWYERS IN COMPETITION WITH THE NONLAWYERS TO BE REGULATED [North Carolina State Board of Dental Examiners v. FIC, 574U.S.___, 135 S. Ct. 1101 (2015)]? 1

Docket Entries

2021-01-11
Petition DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-11-23
Waiver of right of respondent State Bar of Arizona to respond filed.
2020-10-28
Petition for a writ of certiorari filed. (Response due December 4, 2020)

Attorneys

Richard S. Berry
Richard S. Berry — Petitioner
Richard S. Berry — Petitioner
State Bar of Arizona
Kelly Joyce FloodState Bar of Arizona, Respondent
Kelly Joyce FloodState Bar of Arizona, Respondent