My Letter to the AZ State Bar
There are those that will say I should let sleeping dogs lie…
When I went to the AZ State bar site, and saw this: https://azbar.org/for-the-public/unauthorized-practice-of-law-upl/
I had to “out” myself.
See, as a non-lawyer, I have to do things to obtain administrative access to the legal system for my clients. I don’t argue “at-law” matters, and I’m careful to disclaim all of my work as non-legal-advice. I don’t prepare motions. I could, but I don’t. I don’t prepare court filings for my clients. I do, however, prepare documentation for them to obtain the “legal” rights they have under the ADA, which is administrative in nature.
So, for the State of AZ, (and most states do this) to exclude ADA Advocacy or disability rights from being protected as to operation, is to piss me off.
I want them to put up, or shut up. Title II of the ADA pulls their immunity concerning this, so I’m ready for a fight. I don’t think they will bring it, but I’m inviting it.
Here is the letter:
“Dear AZ State Bar,
As a Certified ADA Advocate, it concerns me that your AZ Supreme Court rules, and your promulgated State Bar representation of those rules, includes a prohibition of things that I do regularly, as a non-lawyer.
I freely admit to:
representing a person in administrative proceedings, or other formal dispute resolution process such as arbitration or mediation;
preparing a document, in any medium, on behalf of a specific person or entity for filing in any court, administrative agency, or tribunal, for the furtherance of their rights under the ADA;
negotiating legal rights or responsibilities on behalf of a specific person, concerning their rights under the ADA;
or preparing a document, in any medium, intended to affect or secure a specific person's legal rights under the ADA;
I do these things, as aid and encouragement for those exercising and enjoying rights under the Americans with Disabilities Act of 1990, the ADA Amendments Act of 2008, and Final Rule implementation (Collectively, "ADA").
My protected capacity under 42 USC 12203(b) and 28 CFR § 35.134(b), are unlawful for even you, as a state entity to interfere with. While I freely admit doing these things, I do so to obtain administrative access for my clients, and not to argue "at-law" concerning subject matter or issues at bar. I do so because lawyers are unwilling and afraid to hold state courts accountable for ADA discrimination and denial of equal access, and I see that your Supreme Court and Bar are also party to this denial of equal access on the basis of disability.
My representation of clients is limited to disability rights under the ADA. I am retained and consult with several firms on the matter of ADA rights and case-framing.
I beg you to officially charge me with Unauthorized Practice of Law, so that I may have standing to sue you in federal court for interference, threats, intimidation, and coercion concerning my protected capacity under federal law and the accompanying disability rights, which you have glaringly omitted from your rules governing UPL.
I reserve all rights, including the right of interpretation of these words, and my actions.
You are with notice.
P.D., JAY V SHORE, As Certified ADA Advocate (2017), and as a qualified individual with a disability
and as Victim/Survivor Rights Advocate through SVAA training with NCVLI Portland, OR (2018)”
I’ll keep you posted.
ADArights (at) protonmail (dot) com
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Talk about lighting the match! BRAVO!!!