Assigned to JUD                                                                                                            AS PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

AMENDED

FACT SHEET FOR s.b. 1566

state bar; attorney charges; damages

Purpose

States that the State Bar of Arizona (Bar) is responsible to a prevailing attorney for attorney fees and court costs incurred in an attorney discipline matter.

Background

Current statute allows the court to award a successful party reasonable attorney fees in any contested action arising out of a contract, express or implied. Statute specifies that the award of reasonable attorney fees made in this manner should be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense, and that it need not equal or relate to attorney fees actually paid or contracted, but that it may not exceed the amount paid or agreed to be paid (A.R.S. § 12-341.01).

               There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. States that if an attorney who is the subject of the charge prevails in an attorney discipline matter, the Bar is responsible to the attorney for any attorney fees and court costs.

2. Specifies that court costs include the cost of all stages of the investigation and discipline process and, if applicable, any court litigation and appeal.

3. Defines attorney discipline matter as any charge that is not dismissed by the Bar before final disposition of the complaint by the presiding disciplinary judge or the Supreme Court.

4. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Removes the complainant in a non-prevailing attorney discipline matter from responsibility for outlined fees and damages.

Amendments Adopted by the House of Representatives

1. Removes investigation costs, loss of future earnings and damage to reputation as costs that must be paid by the Bar to an attorney who prevails in an attorney discipline matter.

2. Modifies the definition of attorney discipline matter.

Senate Action House Action

JUD                 2/17/22      DPA     5-2-1                 JUD                 3/23/22      W/D

3^rd Read          3/2/22                      16-11-3             APPROP         3/28/22      DP     7-5-0-1

                                                                                 3^rd Read          4/25/22                 31-26-3

Prepared by Senate Research

April 26, 2022

ZD/sr