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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Can a lawyer pay a fact witness for the time spent preparing for and giving testimony?
Yes. The opinion concluded that ER 3.4 does not bar paying a fact witness reasonable compensation for time spent preparing for or giving testimony, so long as the fee is not contingent on the…
Must a criminal defense lawyer warn a client about the risks of cooperating with law enforcement, including the lack of witness protection?
Yes. The opinion concluded that when a cooperation agreement may create a risk of harm to the client or the client's family, the lawyer must inform himself of the relevant facts, including whether…
How do the ethics rules apply to a lawyer's website, email with clients, and answering legal questions in online chat rooms?
The opinion concluded that a law firm website is a communication subject to the advertising rules (ER 7.1-7.5), that Arizona lawyers must follow Arizona's rules for electronic communications under…
What should a lawyer do with leftover trust-account funds when the owner cannot be identified?
The opinion concluded that when a lawyer holds excess trust-account funds whose ownership cannot be determined after reasonable efforts, an unrebutted presumption treats them as client funds, and…
Can salaried in-house insurance company lawyers hold themselves out as a private law firm under their own names?
No. The opinion concluded that salaried in-house insurance company lawyers may not hold themselves out as a separate law firm under their surnames, because doing so misrepresents their insurance…
Does having an interpreter, counselor, or parent present during a client interview destroy the lawyer's duty of confidentiality?
No. The opinion concluded that ER 1.6's confidentiality duty is broad and unaffected by the presence of an interpreter, advocate, or parent who facilitates communication; whether their presence…
When a client's health insurer has a subrogation claim against a personal injury settlement, can the lawyer disburse all the proceeds to the client?
No. The opinion concluded that a FEHBA plan's contractual subrogation language gives the insurer an interest in the settlement proceeds under ER 1.15(b), so the lawyer must notify the plan and…
Can a lawyer take referrals from and be employed part-time by a non-lawyer company that pays the lawyer's fees for its customers?
No. The opinion concluded that the proposed arrangement, in which a non-lawyer tax-resolution company would employ a bankruptcy lawyer part-time, refer its customers to him, and pay his fees,…
Can a law firm give employers brochures and a discounted fee schedule to pass on to their employees?
Yes. The opinion concluded that a firm may give employers promotional materials and a discounted fee offer for their employees without violating ER 7.1, so long as employers are not paid to…
Can an out-of-state law firm open an Arizona branch by hiring a local lawyer as an associate rather than a partner?
Yes. The opinion concluded that an out-of-state firm may open an Arizona branch through an Arizona-admitted associate (not a partner) if the associate has a bona fide employment relationship, is…
Can a lawyer who drafts a client's living trust and pour-over will also serve as the trustee and personal representative?
Yes. The opinion concluded that ER 1.8(c) does not bar a lawyer who drafts a client's revocable living trust and pour-over will from being named successor trustee and personal representative, and…
Can a law firm employ a salaried nonlawyer marketing director to promote the firm and ask others to recommend it?
Yes. The opinion concluded that a firm may employ a salaried marketing director to carry out marketing a lawyer could do directly, because ER 7.1(j)'s bar on paying for recommendations targets…
What can a lawyer admitted only in another state do at an Arizona firm while awaiting Arizona admission, and how must the firm supervise them?
The opinion concluded that for Arizona's rules a lawyer not yet admitted here is treated as a nonlawyer, so they may do what a supervised nonlawyer can (drafting, research, correspondence, meeting…
Can a personal-injury lawyer refer clients to a chiropractic clinic the lawyer owns an interest in?
The opinion strongly discouraged it. It concluded that referring an injury client to a clinic the lawyer owns creates substantial conflicts under ER 1.7(b) and a business transaction with the client…
After referring a passenger out for a conflict, can the original firm take a share of the passenger's new fee while still representing the driver?
No, not while it continues to represent the driver. The opinion concluded the firm had a non-waivable conflict because its stake in the passenger's recovery, ultimately borne by the driver through…
Must a public defender's office withdraw when a post-conviction client wants to claim ineffective assistance by another lawyer in the same office?
Yes, where the client has a colorable ineffective-assistance claim against a colleague, the office must withdraw because of the imputed conflict, but the timing depends on the facts; a frivolous or…
Can a lawyer suing a homeowners' association contact ordinary members who cannot bind the association without the association's lawyer present?
Yes. The opinion concluded that general members who hold no managerial role and cannot bind or speak for the association are not represented parties under ER 4.2, so a lawyer may contact them…
Can a lawyer acting as a divorce mediator draft a memorandum of understanding or court pleadings for the mediating parties?
The opinion concluded that ER 2.2 does not apply to a lawyer acting purely as a neutral mediator, and that the lawyer may draft a non-binding memorandum of understanding if full disclosure is made;…
Can a severance agreement require departing in-house counsel to keep company information confidential without violating the rule against restricting a lawyer's practice?
Yes. The opinion concluded that confidentiality provisions in a departing in-house lawyer's severance agreement do not impermissibly restrict the right to practice under ER 5.6, as long as they…
Can a lawyer join a for-profit network that matches callers to lawyers by zip code and practice area, and pay its fees?
No. The opinion concluded the network was a lawyer referral service not sponsored by a bar association, so lawyers could not participate under ER 7.1(r), and its connection-service and application…
How long must a lawyer wait before sending a direct-mail solicitation to a relative of someone who recently died in an accident?
Arizona set no fixed waiting period. The opinion concluded that ER 7.3(d)(4) uses a case-specific test, and the lawyer must assess factors like the closeness of the relationship and the suddenness…
Can a lawyer ethically discuss confidential client matters on a cellular or cordless phone?
Yes, but with caution. The opinion concluded that using a portable phone was not by itself an ethical breach, while warning that such calls can be intercepted and that lawyers should exercise…
Can a lawyer accept a referral fee from a medical provider for sending a client to that provider?
No. The opinion concluded that a lawyer may not accept a fee for referring a client to a medical practitioner; the lawyer's financial stake creates a conflict under ER 1.7, and Arizona law made…
Can a personal-injury lawyer give part of the lawyer's own fee to the client so the client recovers something from a settlement?
Yes, if the gift is genuinely charitable, the client was already retained, and there is no expectation of repayment. But the lawyer may not make the gift where a medical provider discounted its bill…
Can a prosecutor and defense lawyer include a waiver of ineffective-assistance and post-conviction claims in a plea agreement without violating the rule against limiting malpractice liability?
The Committee majority concluded yes, reading ER 1.8(h) to bar only agreements that prospectively limit a lawyer's malpractice liability, not a defendant's waiver of post-conviction or…
When did Arizona Opinion 95-07 permit a lawyer to interview an opposing party's current or former employees without its counsel?
Opinion 95-07 applied ER 4.2 based on the employee's role, imputable conduct, possible admission, separate representation, or a former employee's continuing litigation relationship. Harmful…
Did a firm remain disqualified after a lawyer with a former-client conflict left it under Arizona Opinion 95-06?
Opinion 95-06 said the remaining firm could resume the substantially related adverse matter if it could show that no lawyer still at the firm held material protected information from the departing…
Could an Arizona personal injury lawyer accept the client's entire settlement share as a gift after receiving the agreed contingent fee?
Opinion 95-05 allowed the substantial unsolicited gift only after the client had a reasonable opportunity for independent counsel, assuming competence and the stated written consent. The lawyer…
Did Arizona Opinion 95-03 permit a lawyer to secretly record a telephone call with opposing counsel?
Opinion 95-03 said secret recording of an ordinary telephone conversation with opposing counsel involved deceit and misrepresentation under the then-applicable ER 8.4. It expressly left the earlier…
How did Arizona Opinion 95-02 address a court's questions about a criminal client's whereabouts and expected trial appearance?
Opinion 95-02 required counsel to protect representation-related information and avoid misleading the court. It allowed disclosure of a willful intended nonappearance only on actual knowledge, and…
Could an Arizona personal injury lawyer advance a client's rental car charges or collision deductible during litigation?
Opinion 95-01 said rental car and vehicle-repair charges were client living or transportation expenses rather than costs or expenses of litigation under then-current ER 1.8(e)(1), so the lawyer…
Could an Arizona patent lawyer take a partial patent assignment as a contingent fee for preparing and prosecuting an application?
Opinion 94-15 found the proposed partial assignment consistent with then-current rules if the transaction met ER 1.8(a): fair and reasonable written terms and disclosure, a reasonable opportunity…
Could an Arizona firm advertise a donation of ten percent of its fee to a charity chosen by the client?
Opinion 94-14 allowed the proposed donation and advertisement if the total fee remained reasonable, the charity neither referred work nor interfered with judgment, and the advertised pledge was…
Did Arizona Opinion 94-13 require disclosure or withdrawal when a court-appointed custody expert was the lawyer's former client?
Opinion 94-13 found no routine duty to disclose the unrelated former-client relationship or replace the expert. It identified withdrawal concerns if undisclosable former-client information would…
Did Arizona Opinion 94-12 require reporting a former lawyer's misconduct when the report would reveal the current client's confidential information?
Opinion 94-12 assumed misconduct otherwise triggered ER 8.3(a), but held ER 8.3(c)'s confidentiality exception barred a report based on representation-related information when the client withheld…
Could an Arizona lawyer report a client's unpaid legal bill to a credit bureau or use a collector that did so?
Opinion 94-11 barred disclosure of current or former client billing information to a credit reporting agency without the client's prior consent after consultation. The same limit applied to a…
Could an Arizona firm charge a five percent cost surcharge instead of itemizing routine client expenses?
Opinion 94-10 allowed a percentage charge for disbursements if it was clearly disclosed, reasonable, approximated actual expenses, and the client consented in writing at the start. The lawyer needed…
When did Arizona Opinion 94-09 require reporting another lawyer's allegedly excessive estate fee?
Opinion 94-09 required actual knowledge of an ER 1.5 violation, a substantial question about the lawyer's honesty or fitness, and a way to report without breaching ER 1.6. The committee did not…
Could an Arizona lawyer for a county commission accept a county-funded contract requiring county approval for work beyond filing an answer?
Opinion 94-08 said the lawyer could not sign because the county, which paid but was not the client, would control professional judgment for the commission. The committee declined to decide whether…
Did Arizona Opinion 94-07 require a prosecutor to disclose a witness's death or destroyed evidence before a plea response?
Opinion 94-07 required prompt correction of witness and tangible-evidence disclosures when an arresting officer died or listed drugs had been destroyed, including before a plea response. It also…
Was a former insurance company in-house lawyer barred from later representing a claimant against that insurer in Arizona Opinion 94-06?
Opinion 94-06 rejected a blanket conflict based on the same general type of insurance work or unchanged business practices. It allowed the new adverse matter if no substantial factual relationship…
Could an Arizona lawyer put mandatory arbitration of future malpractice claims in a retainer agreement under Opinion 94-05?
Opinion 94-05 permitted the clause if it was fair and reasonable, its advantages and disadvantages including jury-trial waiver were explained in understandable writing, the client had a reasonable…
Could an Arizona lawyer participate in the for-profit referral program described in Opinion 94-04?
Opinion 94-04 found the described program apparently permissible because its profit came from subscriber charges rather than legal services and members selected their own lawyers. The conclusion…
Could insurer-paid defense counsel file a motion that helped the insured now but might let the insurer deny coverage in later cases?
Opinion 94-03 treated the insured, not the paying insurer, as counsel's client. It allowed the proposed summary-judgment motion only after full consultation about the insurer's possible future use…
Which terms in a proposed Arizona personal injury retainer did Opinion 94-02 reject?
Opinion 94-02 rejected limits on the client's right to discharge counsel, unilateral case abandonment, overbroad settlement authority, an incomplete contingent-fee calculation, and withholding the…
Could an Arizona lawyer with only limited judge pro tem service advertise that title without explaining the extent of service?
Opinion 94-01 said the bare statement could mislead depending on how much pro tem service the lawyer actually performed. With minimal service, clarification such as the service year or number of…
Could Arizona lawyers join the trade association's LegaLine member referral service described in Opinion 02-94?
The Advertising Committee found participation in the described trade association legal service plan permitted under then-current ER 7.1(r)(4). Fixed lawyer membership dues and member dues were…
Could Arizona and Texas co-counsel send the proposed polybutylene plumbing solicitation letter to mobile-home owners?
Opinion 01-94 conditionally allowed the proposed letter under then-current advertising and targeted-mail rules, subject to required solicitation markings, lawyer office disclosures, and…
Could a dissolution lawyer listen to a tape the client found at home, and what must the lawyer do with it?
Arizona Opinion 93-14 permitted the lawyer to listen to the spouse's tape with the client's informed consent because the client found it by happenstance, without improper acquisition. The lawyer had…
Could a prosecutor's office file blanket notices of change of judge against one municipal judge?
Arizona Opinion 93-13 said blanket challenges could abuse criminal Rule 10.2 and violate ER 3.5 when intended to pressure a judge's rulings. It distinguished decisions made individually by deputy…
Could a lawyer report a former criminal client's unpaid fee check to prosecutors?
Arizona Opinion 93-11 held that ER 1.6 barred the lawyer from disclosing a former criminal client's bounced fee-check information to the county attorney on the stated facts. The fee-claim exception…
Must a lawyer report a client's conflicting testimony in a represented case or an unrelated case?
Arizona Opinion 93-10 found no ER 3.3 disclosure duty in the represented case without actual knowledge that the client's testimony there was false, although further inquiry was prudent and Rule 11…
Could a firm lobby the legislature when one of its lawyers served as a legislator?
The Board-published replacement for Arizona Opinion 93-09 found no automatic ER 1.7 or 1.10 bar on firm lobbying, but required a case-specific assessment of material limits on client representation…
Could Arizona assistant attorneys general conduct pro bono intake and represent clients referred by a volunteer program?
Arizona Opinion 93-08 conditionally permitted assistant attorneys general to staff the described pro bono intake and take referred matters if the statutory requirements were met and reasonable…
Could a public defender who served on a city council defend people arrested by that city’s police?
Arizona Opinion 93-07 concluded that ER 1.7(b) barred the attorney-council member from defending criminal cases involving the city’s police officers, even with the proposed recusal from police…
Could one public defender office put conflicting juvenile clients in screened divisions?
Arizona Opinion 93-06 treated the public defender office as one firm under ER 1.10, so separate screened divisions could not represent conflicting juvenile clients without effective consent. Some…
Could a non-testifying trial consultant receive a fixed bonus if litigation succeeded?
Arizona Opinion 93-05 permitted the proposed fixed success bonus for a non-testifying trial consultant, subject to client liability and disclosure, lawyer independence, no prohibited fee sharing or…
Could a lawyer charge a contingent fee to collect or enforce support after a divorce decree?
Arizona Opinion 93-04 permitted a contingent fee to collect or enforce child support or spousal maintenance fixed by a divorce decree, subject to ER 1.5 reasonableness and written agreement…
Could a lawyer charge a former client for an extra copy of a file already delivered?
The body of Arizona Opinion 93-03 permitted charging the actual copying cost for an additional file copy after the lawyer had delivered all documents the client was entitled to receive. It…
Could a lawyer answer an author who relayed a former client’s accusation of misconduct?
Arizona Opinion 93-02 permitted limited ER 1.6(d) disclosure to defend against verified allegations that created a genuine lawyer-client controversy likely to produce legal or disciplinary…
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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.