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
Latest Conference: 2021-01-08
Question Presented (from Petition)

IS A COURT RULE DEFINING AND PROHIBITING THE
UNAUTHORIZED PRACTICE OF LAW ("UPL") AN UNCONSTITU
TIONAL ABRIDGMENT OF COMMERCIAL SPEECH WHEN a) IT IS
VAGUE AND OVERBROAD AND b) IT FOSTERS NO "SUBSTANTIAL
STATE INTEREST " fBates v. State Bar of Arizona . 433 U.S. 350 (1977)]
WHEN THE CHARGING OF A FEE IS BY THE RULE THE SOLE
DETERMINANT IN FINDING UPL EXTANT IF THE FEE IS PAID TO A
NONLAWYER AND NOT A LAWYER?A)

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 rNorth Carolina State Board of Dental Examiners v.
FTC . 574 U.S. ___ , 135 S. Ct. 1101 (2015)]?

Question Presented (AI Summary)

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

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
State Bar of Arizona
Kelly Joyce FloodState Bar of Arizona, Respondent