Supreme Court Report

Supreme Court of the United States · Official docket →

Richard S. Berry v. State Bar of Arizona

Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-CV 18-0661 · judgment January 16, 2020

Certiorari denied · January 11, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A) 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? 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)]?

Counsel of record

For petitioner
Richard S. Berry

For respondent
Kelly Joyce Flood
State Bar of Arizona

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 02 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Nov 23 2020
    Waiver of right of respondent State Bar of Arizona to respond filed.
  4. Oct 28 2020
    Petition for a writ of certiorari filed. (Response due December 4, 2020)