State Bar of Arizona Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Arizona, with full citations and source links on every page.
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Does an Arizona lawyer have to give a client's family and friends updates about the client's case?
No per se duty. The opinion concluded a lawyer is not automatically required to update a client's family or friends; with the client's informed consent the lawyer may do so, the lawyer decides…
Can an Arizona lawyer reveal confidential information to respond to a former client's negative online review?
Sometimes. Departing from the ABA majority, the opinion concluded that a lawyer may reveal confidential information to the extent reasonably necessary to rebut a former client's online accusation of…
What are an Arizona lawyer's duties around metadata in electronic documents, and can a lawyer use hidden email-tracking 'web bugs'?
Senders must scrub confidential metadata; recipients may review readily-visible metadata but must follow the inadvertent-disclosure process for anything confidential and may not 'mine' for hidden…
After Arizona eliminated its fee-sharing ban, can a lawyer use a lender that keeps a share of the lawyer's fees, and what must the lawyer disclose?
Yes. With Former ER 5.4 abolished as of 2021, a lender may retain part of the lawyer's fee; the lawyer may pass that cost to the client only if the total fee stays reasonable and fully disclosed,…
If an Arizona lawyer uses a social worker who is a mandatory child-abuse reporter, what must the lawyer tell the client about confidentiality?
The lawyer must advise the client that the social worker may be legally required to report abuse or neglect even when the lawyer cannot, and let the client decide whether to use the social worker;…
If a lawyer learns a former client gave perjured testimony in a civil case, must the lawyer act, and can the lawyer disclose it to the tribunal?
Yes, unless the proceeding has concluded. The opinion concluded that ER 3.3 requires a lawyer who learns of a client's false material evidence to take staged remedial measures, ending in disclosure…
When an Arizona lawyer holds settlement funds subject to a disputed health care provider lien, what must the lawyer's ER 1.15(f) notice to the lienholder include?
The notice must describe the property and amount, name the client, the tortfeasor, and the tortfeasor's insurer if known, and state the proposed distribution; before the lawyer holds any disputed…
When an Arizona lawyer withdraws from a case, what duties continue, what confidences can be disclosed, and can the lawyer bill for the withdrawal?
The lawyer must keep protecting the client until withdrawal is complete, disclose confidences only as narrowly as ER 1.6 allows (citing professional considerations to a court rather than the…
What client-file materials must an Arizona lawyer keep, how should they store them, and what must they give the client?
A lawyer must retain enough of the file for the client to understand the work done and for a successor lawyer to take over, store it securely and in organized form, and give the client one free copy…
Can an Arizona firm require a departing associate to pay a per-client fee for each former-firm client they keep representing?
No. The opinion concluded that a flat per-client 'reimbursement' fee on a departing associate violates ER 5.6 because it directly interferes with clients' freedom to choose their lawyer,…
When is an of counsel lawyer part of an Arizona firm for fee division and conflicts purposes?
The opinion treats a close, personal, continuous, and regular of counsel relationship as membership in the same firm for ER 1.5(e), with conflicts imputed under ERs 1.10, 1.11 and 1.12. It…
May an Arizona lawyer discard duplicate client-file materials and charge for a second copy of documents already given to the client?
The opinion permits ordinary-course purging of duplicate, incidental, or normally unretained materials unless the lawyer has reason to believe the client's interests require preservation. It also…
May Arizona defense counsel advise a plea waiver of ineffective-assistance claims, and may a prosecutor demand such a waiver?
The opinion says defense counsel may not advise a defendant to waive claims against that counsel because the conflict is not waivable; prosecutors may not insist on blanket ineffective-assistance…
May an Arizona criminal defense lawyer withhold physical documents from an incarcerated client when possession threatens safety?
The opinion permits a limited exception when the lawyer reasonably believes the incarcerated client's possession of documents is likely to jeopardize the client or a third person's safety. The…
May an Arizona lawyer sell discounted legal-service vouchers through an Internet coupon platform?
The committee did not decide a specific voucher's terms, but concluded that the described group-coupon model would likely violate one or more Arizona ethics rules. It identifies pre-consultation…
Can a lawyer practice under a name different from the one on file with the bar, or use a pen name for writing unrelated to law?
Practicing law under a name materially different from the one on the State Bar's records can be misleading under ER 7.1, so a name change must be made on the bar's records first. For activities that…
May an Arizona firm list nonemployee of counsel lawyers on its letterhead and advertising, and how must it identify them?
The opinion permits listing nonemployee of counsel lawyers when the actual relationship supports that designation. It requires conspicuous of counsel identification and says further limits on the…
May a for-profit Arizona law firm use a .org website address?
The opinion says a for-profit law firm's mere use of a .org domain does not violate Arizona's professional-conduct rules. The address still cannot falsely imply nonprofit or government affiliation…
Must an Arizona lawyer search for undisclosed third-party liens on a client’s settlement proceeds?
Opinion 11-03 limits ER 1.15 protection to matured legal or equitable claims the lawyer actually knows about. The ethics rules do not require a search for unknown claims; the committee leaves…
May an Arizona lawyer pay a group website per contact when one lawyer advertises in each ZIP code?
On its stated facts, Opinion 11-02 permits the group advertisement if clear disclosures explain payment and ZIP-code selection and the service implies no endorsement. A charge based on contacts…
Can a lawyer advise and assist a client on conduct that Arizona's medical-marijuana law permits but federal law still makes a crime?
Yes, within limits. The opinion concluded that a lawyer may counsel and assist a client on activities the Arizona Medical Marijuana Act expressly permits, despite the federal ban, if no court has…
When may an Arizona lawyer divide a fee with a lawyer admitted in another state?
Opinion 10-04 permits the division if both lawyers assume joint responsibility, the client agrees in a signed writing, the total fee is reasonable, and the out-of-state lawyer’s services comply with…
May an Arizona lawyer charge an earned-on-receipt minimum fee for a set number of hours and then bill hourly?
Opinion 10-03 permits a reasonable minimum fee covering specified hours or completion of the matter, whichever occurs first, followed by hourly charges under reasonably defined changed…
What duties do an Arizona firm and departing lawyer owe clients when the lawyer leaves?
Opinion 10-02 requires timely notice to clients affected by a meaningful departure, continued competent and diligent work, reasonable transition fees, and enough shared information to manage…
May an Arizona lawyer pay a nonprofit referral service a percentage of fees earned on referred cases?
Opinion 10-01 says a lawyer may not join a nonprofit referral service that requires a percentage of every referred case’s earned fees. ER 7.2’s permission for usual service charges does not override…
May an Arizona lawyer give clients online access to encrypted electronic files?
Opinion 09-04 finds the proposed encrypted, password-protected client-file system appears to take reasonable confidentiality precautions under ER 1.6. It calls for competent security assessment and…
May an Arizona lawyer hold Arizona client funds in a multistate firm’s out-of-state trust account?
Opinion 09-03 permits an out-of-state trust account with the client’s or third person’s consent. Arizona Rule 43 still applies: the institution must be approved and interest from the Arizona funds…
What are an Arizona lawyer's duties when withdrawing from a case, can the lawyer bill for withdrawal work, and what is owed to the former client?
The lawyer must keep representing the client competently until withdrawal is granted, disclose client confidences only as narrowly as ER 1.6 allows when explaining the withdrawal, may charge a…
May an Arizona firm charge a departing associate $3,500 for each former firm client the associate represents?
Opinion 09-01 rejects the proposed per-client charge as an unethical financial restriction on the departing associate’s practice and the client’s choice of counsel. The committee also identifies…
May an Arizona lawyer agree with a client on a file-retention period shorter or longer than five years?
Opinion 08-02 permits client-approved retention periods tailored to the matter; five years is a default recommendation, not a fixed rule for every file. It also addresses final review, notice before…
May an Arizona lawyer accept credit-card payments for advance fees and costs?
Under the card-provider arrangements assumed in Opinion 08-01, credit-card payments are permissible for earned fees, earned-on-receipt fees, and reimbursed costs, but not advance fees or costs that…
What must an Arizona lawyer explain to multiple litigation clients before obtaining consent to joint representation?
Opinion 07-04 requires a reasonable belief that each client can receive competent, diligent representation and informed consent confirmed in writing. Disclosures depend on the matter and include…
May an Arizona lawyer inspect an opposing lawyer’s electronic document for hidden metadata?
Opinion 07-03 generally forbids a receiving lawyer from examining an electronic document to discover embedded metadata, with stated consent or legal-authority exceptions. Senders must use reasonable…
May an Arizona lawyer scan client files and destroy the paper originals?
Opinion 07-02 permits electronic-only files with safeguards and meaningful client access, but original client-provided documents cannot be destroyed without client consent while the file must be…
Must an Arizona criminal-defense lawyer update a client’s family about the case when the client consents?
Opinion 07-01 says ER 1.4’s communication duties run to the client, so client consent does not automatically require updates to family or friends. ER 1.1 competence can make family contact necessary…
May Arizona lawyers in separate firms work as loan officers for a lawyer-owned mortgage company?
Opinion 06-08 permits a separate mortgage/refinancing business with a nonlawyer co-owner and lawyer loan officers who practice in separate firms. The business must stay distinct from law practice,…
Can an Arizona fee agreement let a lawyer settle for a client who later cannot be reached?
Opinion 06-07 rejects advance blanket authority to decide and sign a settlement for an unreachable client. ER 1.2 reserves the settlement decision to the client, ER 1.4 requires communication, and…
May an Arizona lawyer pay to join a for-profit site that matches clients with recommended lawyers?
Opinion 06-06 classifies the described site as a lawyer referral service because it selects and recommends lawyers for a client’s legal needs. The site was for-profit and lacked regulatory approval,…
May an Arizona lawyer advance a civil plaintiff’s court-ordered security-bond cost?
Opinion 06-05 treats a Rule 67(d) security bond as a litigation cost or expense under ER 1.8(e). The lawyer may advance it with repayment contingent on the result or pay it for an indigent client…
May an Arizona lawyer join a prepaid legal program with third-party billing audits and a six-hour payment limit?
Opinion 06-04 says the described contract may be permissible only if the lawyer can withhold confidential client information from auditors absent informed consent and retains independent judgment…
Must an Arizona lawyer disclose limited-scope coaching to opposing counsel?
Opinion 06-03 finds no general affirmative duty to disclose limited-scope help to opposing counsel, subject to truthfulness and the duty not to assist crime or fraud. A reasonable, consented limited…
May an Arizona bankruptcy lawyer receive a car dealer’s fee for referring clients who buy vehicles?
Opinion 06-02 rejects the proposed dealer referral fee for credit-challenged bankruptcy clients. The committee finds a serious personal-interest conflict affecting vehicle advice and doubts that the…
What client information and practice restrictions apply when an Arizona lawyer sells a solo practice?
Opinion 06-01 permits limited client names and general matter descriptions for preliminary sale talks, absent material harm or contrary client instructions, but requires consent for client-specific…
Can a lawyer who represents one spouse in a settlement advise the other, non-client spouse about signing the release?
The opinion concludes that the lawyer may not give the non-client spouse legal advice about waiving rights in a release unless both the client and the spouse agree to joint representation and waive…
Can a lawyer agree to handle only a discrete task for a client, and must the lawyer tell the court when it has ghostwritten or limited its help?
The opinion concludes a lawyer may agree to limit representation to a specific, discrete task under ER 1.2(c) if the limitation is reasonable and the client consents, provided the lawyer has enough…
What must a lawyer do after learning that false evidence was put before a tribunal because a client lied, in a civil case?
The opinion concludes that the duty of candor to the tribunal overrides the duty to protect a (former) client's confidences, so the lawyer must take reasonable remedial measures to undo the effect…
What must a lawyer do to keep electronic client files confidential and safe from hacking, viruses, or loss?
The opinion concludes that ER 1.6 and ER 1.1 require a lawyer to act competently to safeguard client information. Storing client information electronically, on internet-connected systems or not, is…
Can an Arizona lawyer advertise that the lawyer is listed in The Best Lawyers in America?
Under ER 7.1, an Arizona lawyer may truthfully advertise a listing in The Best Lawyers in America if the ad identifies the listing year and specialty. The opinion does not address other publications…
Do the rules of professional conduct apply to an inactive lawyer, and can an inactive lawyer running a side business pay referral fees?
The opinion concludes that an inactive Arizona lawyer who is not practicing law must still comply with the Rules of Professional Conduct. Such a lawyer may pay a referral fee to a third party for a…
Can a lawyer who also runs a separate investment advisory business accept referral fees for sending people to an investment firm?
Under ER 5.7 (adopted in 2003), the opinion concludes a lawyer running a separate investment advisory business may refer non-clients to an investment firm that pays the lawyer a referral fee, if the…
May an Arizona lawyer pay to join a for-profit online matching service that hides lawyers’ participation fees?
Opinion 05-08 rejects the described service under ER 7.2’s referral-payment rule and ER 7.1’s misleading-advertising rule; it finds the client-initiated contact did not violate ER 7.3. Later Opinion…
Should a solo lawyer arrange in advance for someone to administer the client trust account if the lawyer dies or becomes disabled, and how?
The opinion concludes that, consistent with the fiduciary duty under ER 1.15 to safeguard client funds, it is prudent for a lawyer to arrange in advance for the trust account to be administered if…
Can a public defender's office set up a screened 'conflicts unit' to handle cases the office is conflicted out of, instead of sending them to outside counsel?
The opinion holds that under revised ER 1.10 a separate screened conflicts unit may not be used to take cases involving the office's former clients; screening does not cure the imputed conflict. Two…
Can a lawyer pay himself unpaid fees out of a former client's funds in his trust account when those funds came from an unrelated matter and the client cannot be found?
The opinion holds that the lawyer cannot, without the former client's consent, disburse fees to himself from the former client's share of funds unrelated to the representation. If the lawyer cannot…
Can an Arizona lawyer pay another lawyer a referral fee for sending a client, and when can lawyers in different firms split a fee?
The opinion holds that Arizona does not allow a pure referral or finder's fee for merely referring a case when the referring lawyer stays uninvolved. Lawyers in different firms may divide a fee only…
May an Arizona lawyer withhold a client’s entire file as security for unpaid fees?
Opinion 04-01 rejects a blanket retaining lien on the whole file. The lawyer bears the burden to identify particular documents, establish a lien under Arizona law, and show withholding will not…
Must an Arizona lawyer who works only as a mediator or arbitrator open a client trust account?
Opinion 03-07 says a lawyer practicing solely as a third-party neutral does not represent the disputing parties and need not hold fees for that work in a client trust account. ER 2.4 still requires…
May an Arizona fee agreement charge the greater of a contingency percentage or standard hourly fees?
Opinion 03-06 permits hybrid hourly and contingent structures only if the eventual fee is reasonable under ER 1.5. It finds the proposed greater-of formula likely excessive without compelling facts…
May an Arizona claimant's lawyer promise to indemnify settlement releasees against liens on the client's proceeds?
Opinion 03-05 concludes that a claimant's lawyer may not join a settlement promise to indemnify releasees against lien claims. The promise would guarantee the client's expenses and create a conflict…
May an Arizona defense lawyer name another current client as a nonparty at fault?
Opinion 03-04 finds an unwaivable conflict if the limitations period remains open and naming the client exposes it to being joined as a defendant. If the period has run, a conflict is not automatic,…
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Legal ethics opinions from the State Bar of Arizona interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Reliance on a final opinion of the Arizona Supreme Court's Attorney Ethics Advisory Committee (opinions since 2019) can be raised as a defense in a discipline proceeding (Ariz. R. Sup. Ct. 42.1(l)). Earlier State Bar of Arizona opinions are advisory only. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.