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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May an Arizona lawyer draft or enforce a nonlawyer's fee contract for unauthorized legal services or pay its claim from client funds?
Assuming the nonlawyer's work is unauthorized practice, Opinion 03-03 bars drafting or enforcing its contingent-fee contract and simply paying its claim from client funds. A known claim to held…
May an Arizona lawyer serving solely as bankruptcy trustee contact represented debtors or creditors directly?
Opinion 03-02 permits direct contact when the lawyer acts exclusively as trustee rather than as counsel. A lawyer also appointed as the trustee's attorney is subject to ER 4.2, unless the contact is…
May an Arizona lawyer verify a client's pleading, and can verification make the lawyer a necessary witness?
Opinion 03-01 permits lawyer verification under the ethics rules if the lawyer knows the assertions are true or believes them after reasonably diligent inquiry. Verification may make the lawyer a…
Could Arizona lawyers sponsor a booth at a business exposition under the rules analyzed in Opinion 02-08?
Opinion 02-08 permits a lawyer-staffed booth if visitors initiate contact and the lawyers avoid in-person solicitation and comply with other applicable rules. It rejects the blanket ban in Arizona…
May an Arizona firm keep a named lawyer on its letterhead after transfer to disability inactive status?
Opinion 02-07 says the firm should remove that lawyer's name from its firm name, letterhead, business cards, and stationery while the lawyer has disability inactive status.
Can an Arizona lawyer represent only a corporation being formed, rather than its incorporators?
Opinion 02-06 permits representation of a yet-to-be-formed entity if its constituents understand and agree that the entity is the client and later ratify the engagement. The lawyer must clarify…
When may a former Arizona government lawyer represent a private client in a matter involving a former agency?
Opinion 02-05 applies ER 1.11 to the same matter with personal and substantial government participation and to confidential government information. It also examines former-client confidentiality…
Could Arizona outside counsel forward an unsolicited prospective client's email to the employer client under Opinion 02-04?
On its stated facts, the majority finds no attorney-client relationship or ER 1.6 duty from an unsolicited email sent to eleven lawyers, so counsel could forward it to the employer client. A…
May an Arizona lawyer copy a represented opposing party on a letter or pleading sent to the party's lawyer?
Opinion 02-02 says copying represented opposing parties on correspondence or pleadings is direct contact barred by ER 4.2, even when counsel receives the document simultaneously, absent counsel's…
Could an Arizona lawyer give a small gift after a client referral under Opinion 02-01?
Opinion 02-01 permits the proposed low-value thank-you gifts after a referral when they are expressions of gratitude, not compensation or a quid pro quo, and do not affect the lawyer's judgment.
What did Arizona Opinion 01-14 require when defense counsel learned a client used a false name in trial court while an appeal was pending?
The opinion says counsel could not file an appellate brief repeating the false identity. Counsel should address it with the client, seek withdrawal if the client persists, and if withdrawal is…
Could an Arizona prosecutor reveal discussions with law enforcement witnesses under Opinion 01-13?
Opinion 01-13 says law enforcement witnesses are not the prosecutor's clients, so their discussions are not ER 1.6 client confidences. It requires disclosure of information tending to negate guilt…
How did Arizona Opinion 01-12 analyze a public defender's relationship with a law enforcement witness?
The opinion finds a likely nonwaivable conflict in most cases where the lawyer defends a client and the romantic partner officer will testify, while rejecting automatic imputation to the whole…
Could an Arizona firm bill clients for a contractor's benefits-application work and charge more than its direct cost?
Opinion 01-11 permits passing through disclosed contractor costs and a surcharge tied to reasonable overhead, with client consent. It conditions use of the nonlawyer agency on supervision,…
Could cohabiting Arizona prosecutor and defender lawyers work opposite each other in the same criminal case?
Opinion 01-10 permits opposite-side representation only if neither lawyer expects a material limitation and both clients give informed consent; authority for the prosecutor's government client to…
Could separate Arizona firms jointly advertise to Spanish-speaking clients and share a receptionist?
Opinion 01-09 permits a clearly identified group advertisement and shared receptionist who routes calls by practice area. It treats the employee as part of the lawyers' group rather than a separate…
Could an Arizona lawyer withdraw from an unfiled injury matter after the client disappeared?
Opinion 01-08 permits withdrawal where the client's disappearance makes representation unreasonably difficult, but requires reasonable efforts to locate and notify the client, warn of the…
Could an Arizona firm pass interest on a line of credit for litigation costs to clients?
Opinion 01-07 permits passing on actual, commercially reasonable interest for borrowed litigation costs with advance written explanation and client agreement, subject to limits on lender interests,…
Could an Arizona court-appointed defense lawyer accept the county contract examined in Opinion 01-06?
Opinion 01-06 rejects the proposed contract because its low presumptive pay, mandatory assignments, difficult extra compensation, and county control create an unacceptable risk of curtailing…
Could an Arizona law firm's website domain differ from its firm name, and what parts of Opinion 01-05 were later modified?
Opinion 01-05 permits a domain different from the firm name but bars misleading affiliations, including the proposed countybar.com. Its categorical rejection of a for-profit firm's .org domain was…
What did Arizona Opinion 01-04 require when a client brought opposing counsel's apparently privileged documents obtained from a current employee?
The opinion says counsel should stop examining or using the documents, seek client consent to notify opposing counsel, and then follow counsel's disposition instructions or seek a court ruling.…
Did Arizona ethics rules permit or require a lawyer to report suspected abuse of a vulnerable adult under the statute examined in Opinion 01-02?
The opinion says ER 1.6 does not ethically bar a disclosure the lawyer concludes A.R.S. § 46-454 requires, but the ethics rules do not themselves require a report. It leaves statutory duties and…
Could an Arizona indigent-defense contract bar a lawyer from later representing appointed clients in related civil claims against the county?
Opinion 01-01 rejects the contract clause. ER 5.6(a) bars its restriction after the defense contract ends, while ER 1.8(f) bars the county as third-party payor from imposing the client-relationship…
How did Arizona Opinion 00-11 treat a subpoena for a former client's benefit information in a child-support case?
The opinion requires counsel to assert attorney-client privilege where applicable and ER 1.6 for other representation information. A subpoena alone is not a final order, but counsel must comply with…
Could an Arizona firm pay a staffing agency that places temporary lawyers without impermissible nonlawyer fee sharing?
Opinion 00-10 permits the proposed agency arrangement under ER 5.4 when agency compensation is independent of what the firm receives from its client. It separately discusses measures to protect the…
Could an Arizona municipal prosecutor also serve part time as a reserve peace officer?
Opinion 00-09 finds no inherent ethics conflict in the dual roles, but the prosecutor cannot prosecute a case in which police work may make the lawyer a witness. Office disqualification and…
Could an Arizona firm list out-of-state Social Security lawyers as of counsel and divide fees with them?
Opinion 00-08 permits the of-counsel listing with clear disclosure that the lawyers are not Arizona-admitted and limits their work to authorized federal matters. Fee division must satisfy ER 1.5(e),…
Could an Arizona lawyer add interest and a collection agency's fee to a client's unpaid bill?
Opinion 00-07 permits reasonable interest and actual, reasonable collection costs with informed written fee terms, but rejects adding a projected 33% collection charge to the principal before…
Did ER 1.6 bind an Arizona lawyer appointed solely as a juvenile's guardian ad litem when the juvenile had separate counsel?
Opinion 00-06 says ER 1.6's client confidentiality duty does not apply to the lawyer acting exclusively as guardian ad litem because that lawyer does not represent the juvenile as a client. The…
Could an Arizona lawyer privately interview the lawyer's own employee about work for an opposing former employer?
Opinion 00-05 generally permits the interview, but ER 4.2 applies if the employee's conduct gave rise to the case, the employee has an ongoing litigation relationship with the former employer, or…
Could an Arizona lawyer advise a client about secretly recording calls with the client's former spouse?
Opinion 00-04 permits advice about recording if the client may legally do it, while distinguishing the lawyer's own ethical restrictions on covert recording. It does not decide whether the proposed…
Could an Arizona lawyer sue a client for unpaid fees while still representing that client in the same litigation?
Opinion 00-03 generally bars suing the current client while continuing the underlying case because the lawyer's financial interest and likely disclosure compromise loyalty and confidentiality. It…
What did Arizona Opinion 00-02 require when a DUI client concealed a prior conviction during a guilty plea?
Opinion 00-02 said defense counsel could not sign a plea agreement concurring in a plea known to contain the client's material misrepresentation. It distinguished a direct plea without a false…
Could an Arizona firm advertise that it specializes in estate planning if none or only one of its lawyers held specialist certification?
Opinion 00-01 rejected a blanket firm claim of specializing when no member was certified, and also when one certified member was not identified. The firm could describe its actual practice areas…
When a lawyer leaves a law firm, may the lawyer contact the clients he worked with to tell them they can move their files to his new firm or stay with the old one?
The opinion concluded that a departing lawyer may contact clients for whom he provided legal services. The solicitation restrictions of ER 7.3(a) do not apply where the lawyer had significant…
May an Arizona lawyer let a nonlawyer paralegal who is a licensed tribal-court advocate represent the lawyer's clients in tribal court, where tribal-court rules let nonlawyers appear but bar the lawyer from doing so?
The opinion concluded that the lawyer may, when the tribal court's own rules permit the paralegal to represent clients and the lawyer supervises the work. Because the tribal court's rules govern…
Can a lawyer serve as an architecture firm's in-house counsel and also represent the firm's clients, with the firm paying the lawyer a salary while billing clients an hourly rate for the lawyer's work?
The opinion concluded the arrangement is impermissible as structured. The dual role's conflict can sometimes be managed with consent and vigilance, but the firm paying the lawyer a salary while…
Can a lawyer have a private investigator or tester pose under a false identity to gather evidence before filing a discrimination suit?
The opinion concluded that a lawyer may direct a private investigator or tester to misrepresent their identity or purpose when contacting the subject of an investigation, but only when the…
Can a national lawyer association post an online member directory that sorts lawyers by practice area?
The opinion concluded that a national lawyer association may place its membership directory on its public website, sorted by practice area, because the listed biographical information is the kind ER…
Can an estate-planning lawyer also sell securities and insurance products to the same clients for a commission?
The opinion concluded that an estate-planning lawyer may broker securities and insurance products to his legal clients for a commission, but only through stringent compliance with ER 1.7(b) and ER…
Can an insurance defense lawyer agree to a carrier's outside billing-audit and compliance program as a condition of getting paid?
The opinion concluded that an insurance defense lawyer may not participate in a carrier's outside audit and compliance program with terms like those described, because it requires disclosing the…
Can an Arizona lawyer negotiate against, or contact directly, an opposing insured who is represented by an unsupervised nonlawyer public adjuster?
The opinion concluded that a lawyer may not negotiate with an opposing party's nonlawyer public adjuster who is not supervised by a lawyer, because doing so assists the unauthorized practice of law…
Can an Arizona lawyer join an internet service that routes potential clients' legal questions to attorneys by claimed area of expertise for a per-question fee?
The opinion concluded that an Arizona lawyer may not participate in an online service that screens legal questions and routes them to attorneys based on claimed expertise, because it is a lawyer…
Can a law firm enforce an employment-contract formula dividing a contingent fee when a lawyer leaves and takes the client's case?
The opinion concluded that ER 1.5(e) is the exclusive framework for dividing fees among lawyers in different firms, so a firm-and-departing-lawyer contract dividing post-departure fees is ethically…
Can a reduced-fee-panel lawyer in a divorce case raise the hourly rate if the client is awarded a certain value of assets?
The opinion concluded that a domestic-relations fee agreement, even one used by a county bar reduced-fee panel, may not provide for a higher hourly rate triggered by the value of assets awarded to…
Can defense counsel in an Arizona workers' compensation case privately interview the claimant's treating physician without the claimant's consent?
The opinion concluded that defense counsel in a workers' compensation case may not conduct private ex parte interviews of the claimant's treating physician unless the claimant, with advance notice,…
Can an Arizona lawyer charge a non-refundable or earned-on-receipt fee, and does that money have to go into the client trust account?
The opinion concluded that non-refundable or earned-on-receipt fees are not unethical per se but must be reasonable under ER 1.5 and clearly agreed to, preferably in writing. A true…
Could an Arizona personal injury lawyer disclose the client's share of a settlement to an insurer for tax reporting?
Opinion 99-01 assumed the insurer's stated tax obligations without deciding their accuracy. It called for the disclosure needed to meet the assumed law while preserving client financial…
Can an Arizona lawyer who donates to a charity accept client referrals that come from that charity's activities?
The opinion concluded that a lawyer may accept referrals from a nonprofit organization to which the lawyer has donated, as long as the donations are casual and not conditioned on receiving…
Can an Arizona lawyer accept a referral fee from an investment adviser for sending the lawyer's clients to the adviser?
The opinion concluded that a lawyer may not accept a referral or solicitor's fee from an investment adviser for referring clients, because the lawyer's financial stake in each referral would…
Can an Arizona lawyer contract with an outside paralegal to interview estate-planning clients and supervise document signings, paying the paralegal per case?
The opinion concluded that a lawyer may contract with a paralegal to conduct initial interviews of and supervise document signings by estate-planning clients only if the lawyer supervises and…
How long must an Arizona lawyer keep a client's file after a matter ends, who owns the file, and can the lawyer charge the client to get it?
The opinion concluded that materials the client supplied or that are the client's property must be returned and cannot be destroyed without a reasonable effort to return them and reasonable notice;…
When must an Arizona lawyer holding a client's personal-injury settlement pay a medical provider that claims a lien or assignment instead of paying the client?
The opinion concluded that ER 1.15 duties to a medical provider arise only when the lawyer has actual knowledge of a matured legal or equitable claim, such as a signed or recorded lien, an…
May an Arizona lawyer sell client accounts receivable to a factoring company, even with each client's consent after consultation?
The opinion concluded that selling client accounts receivable to a factor was unethical even with client consent, because the client could not be given enough information to appreciate the…
When a corporate parent is the represented party, can the opposing lawyer interview an employee of its wholly-owned subsidiary without the parent's counsel consenting?
The opinion concluded that ER 4.2 can bar ex parte contact with a subsidiary's employee, using the same three-part functional test applied to the parent's own employees: contact is barred where the…
Can an Arizona lawyer pay a marketing agency a flat monthly fee to send accident victims to the firm, and can a lawyer buy a towing company's customer list?
The opinion concluded that the flat-fee marketing arrangement was a for-profit lawyer referral service that no bar association sponsored or approved, prohibited by ER 7.1(j) and 7.1(r); but a lawyer…
Must lawyers and judges report a defense attorney to the bar when that attorney files an affidavit admitting ineffective assistance of counsel?
Not automatically. The opinion concluded that an affidavit acknowledging ineffective assistance does not by itself trigger the ER 8.3 duty to report; the reporting lawyer must still judge, case by…
Can a public defender complete a court's pretrial status report disclosing meeting dates, discovery status, and plea review without breaching confidentiality?
Yes. The opinion concluded that although the information on the superior court's Defendant Initial Status Report is confidential under ER 1.6, a public defender may disclose it because completing…
Is a contract or temporary lawyer treated as an associate of every firm she works for when checking conflicts?
The opinion concluded that a lawyer who works on contract for more than one firm is treated as an associate of each firm for conflicts and confidentiality purposes, and so subject to imputed…
Can a lawyer who is also a CPA practice both professions together and list both titles on legal letterhead?
The opinion concluded that a lawyer who is also an accountant may practice both professions, even from the same location and list both titles, only if the businesses are kept financially and…
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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.