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's investigator interview a former employee of a represented opposing corporation without the corporation's counsel consenting?
The committee deadlocked and issued no binding answer. It published two views: Alternative A would permit ex parte contact with a represented co-defendant's former employee, even a former manager, so …
Can a former prosecutor who becomes a public defender represent defendants whose cases were handled by others in the prosecutor's office while she worked there?
The opinion concluded that a former deputy county attorney now serving as a public defender may not represent a defendant (absent the government's consent) where the lawyer obtained confidential gover…
Can a lawyer give money to an indigent pro bono client for food and living expenses?
The opinion concluded that it is not improper for a lawyer to give money or tangible items to an indigent pro bono client for living expenses, provided the gift is purely charitable, unrelated to the …
Can a lawyer charge a contingent fee to recover marital property left undivided after a divorce is final?
The opinion concluded that a lawyer may ethically represent an indigent client on a contingent fee in a post-decree action to recover property not divided in the dissolution, but only where the claim …
Can a state agency hearing officer negotiate for a private-practice job with law firms that appear before her?
The opinion concluded that under ER 1.12(b) an adjudicative officer may not negotiate for employment with a law firm representing a party in a matter in which she is participating personally and subst…
What must a lawyer do when the client secretly tape-recorded the opposing party's privileged conversation?
The opinion concluded that a lawyer whose client secretly recorded a private conversation between opposing counsel and the opposing client is not required to withdraw, and may not use the tape or its …
Can an attorney who is also a real estate broker advertise both roles when soliciting real estate business?
The opinion concluded that an attorney/real estate broker may truthfully state on legal letterhead that he also holds a broker's license, and may use that letterhead for mailed solicitations that comp…
Can a law firm mail seminar brochures to non-clients, and must the brochures be labeled as advertisements?
The opinion concluded that a firm may conduct legal seminars within the committee's guidelines and mail brochures publicizing them to non-clients, even when the motive is financial. A brochure that gi…
When may a lawyer disburse settlement funds a third party claims a lien on, and must the lawyer start proceedings to resolve the lien?
The opinion concluded that, following Opinion 88-02, a lawyer pays settlement funds to whoever is clearly entitled and otherwise holds disputed funds in trust or interpleads them. The lawyer may not h…
Can a firm hire, even as a consultant, an administrative law judge who presided over the same matter in another jurisdiction?
The opinion concluded that a law firm may not hire an administrative law judge, even as a 'consultant,' to advise in a continuing multi-jurisdictional matter in which he personally and substantially p…
Is it a conflict for a lawyer to defend a criminal case while running for County Attorney?
The opinion concluded that running for County Attorney while representing a criminal defendant is a potential, not automatic, conflict under ER 1.7(b). The lawyer may continue only if a disinterested …
What are a lawyer's duties when a health care provider asks the lawyer to sign a lien against the client's injury settlement?
The opinion concluded that the client decides whether to sign a provider's lien form after the lawyer explains its consequences; the lawyer may not sign the form in a way that misleads the provider un…
Can a lawyer informally interview the opposing side's designated expert witness without notifying opposing counsel?
The opinion concluded (by a 14-8 vote) that a lawyer may not ethically conduct an ex parte interview with an opposing party's testifying expert who falls within Rule 26(b)(4), because that rule provid…
Can a law firm employ a disbarred lawyer to do legal research and other work?
The opinion concluded that a lawyer may employ or engage a disbarred lawyer in the same capacity as any nonlawyer assistant. It adopted a bright-line rule (the former lawyer may do anything a nonlawye…
Must a lawyer report another lawyer's failure to file income tax returns to the bar?
The opinion concluded that a lawyer who knows another lawyer failed to file income tax returns must report it to the appropriate professional authority under ER 8.3, because willful failure to file is…
Can a plaintiff's lawyer interview a named but unserved, unrepresented defendant without disclosing she is a defendant?
The opinion concluded that it is unethical for a plaintiff's lawyer to interview a person who has been named as a defendant but not yet served and is unrepresented, without revealing the adversarial r…
Can one law firm be listed as 'Of Counsel' to another law firm on letterhead?
The opinion concluded that one firm may be listed as 'Of Counsel' to another, reversing the committee's earlier prohibition, provided the designation truthfully reflects a substantial, continuing rela…
Can a lawyer co-present public seminars with a nonlawyer financial planner and offer free consultations?
The opinion concluded that a lawyer may ethically present advertised public seminars with a nonlawyer financial planner if the seminar informs rather than gives individual advice, the lawyer and plann…
Can a lawyer reveal a former client's name and address to people with potential claims against the client?
The opinion concluded that, where the lawyer has inferred the former client does not want his name and address revealed, the lawyer may not ethically disclose that information to potential adverse cla…
Can a lawyer with a public defender contract also serve as a judge pro tempore in the same court?
The opinion concluded that a lawyer holding a public defender contract may not serve as a judge pro tempore on the criminal or juvenile bench, but may serve on the civil or domestic relations bench wi…
Can a lawyer be a city special prosecutor while also defending criminal cases in the same city court?
The opinion concluded that a lawyer may not act as a special prosecutor for a city while concurrently defending criminal cases in that city's court, and may not represent that court's judges in person…
What must a public defender do after learning that jail attorney-client conferences were being monitored?
The opinion concluded that a public defender who learns that attorney-client conferences at a juvenile detention facility were monitored must do more than notify the court and stop conferring there. T…
Is a 'no recovery, no fee' lawyer ad misleading if it does not mention the client's responsibility for costs?
The opinion concluded that an advertisement stating 'no recovery, no fee' (or its equivalent) is misleading under ER 7.1 if it does not also disclose the client's responsibility to pay costs even when…
Can a lawyer have ex parte contact with an administrative law judge about scheduling or other procedural matters?
The opinion concluded that ex parte communication between a lawyer and a judge, including an administrative law judge, is prohibited by ER 3.5(b) unless permitted by law, and that no Arizona law permi…
Can a contingent fee be computed on costs, attorney fees, and interest recovered, not just damages?
The opinion concluded that how a contingent fee base is computed is a question of contract interpretation, which is a question of law outside the committee's jurisdiction. It declined to opine, but no…
Can one firm represent opposing clients on the same legal issue in two separate appeals before the same court?
The opinion concluded that two lawyers from one firm taking opposite positions on the same legal issue in separate Ninth Circuit appeals fell within ER 1.7, but that the conflict could be cured here b…
Can an Arizona lawyer cite an unpublished memorandum decision to a trial court for its persuasive value?
The opinion concluded that citing an Arizona appellate memorandum decision (except for res judicata, collateral estoppel, or law of the case) is unethical because court rules bar treating it as preced…
Can a lawyer charge a contingent fee in a divorce based on obtaining the decree or the property division?
The opinion concluded that the proposed contingent fee, payable only on a decree of dissolution and measured by the value of the client's share of marital property, is unethical under ER 1.5(d)(1), wh…
Can a public defender director follow a funding agency manager's directions in representing indigent clients?
The opinion concluded that the director of a public defender agency may follow the funding body's manager only where professional judgment, client confidences, and conflicts are not implicated. Where …
Can a law firm send targeted direct-mail letters to people with known specific legal problems?
The opinion concluded that a firm may not send direct mailings targeted at individuals known to have specific legal problems, even if truthful, because such targeted contact is solicitation for pecuni…
Can an Arizona lawyer who is not board-certified put a practice 'specialty' on the firm letterhead?
The opinion concluded that a lawyer not certified by the Arizona Board of Legal Specialization may not use 'Commercial Law and Litigation Specialty' or any 'specialist'/'special' wording on letterhead…
Must a criminal defense lawyer withdraw if subpoenaed to testify about the client's prior conviction?
The opinion concluded that when a lawyer defending a client on a DWI-with-prior charge is properly subpoenaed by the prosecutor to prove the prior conviction, the lawyer must ordinarily seek to withdr…
Can a lawyer who handled a trustee's foreclosure-sale paperwork bid on the trust property at the sale?
The opinion concluded that a lawyer who rendered legal services to a trustee in preparing for a trustee sale may not bid on the trust property unless he fully satisfies ER 1.7(b) and ER 1.8(a). The la…
Can a defense lawyer interview a represented child witness outside her lawyer's presence if she and her parent ask for it?
The opinion concluded that a defense lawyer may not interview the represented 15-year-old daughter of his client, the key witness in the criminal case, outside the presence of her appointed counsel, e…
Can a lawyer reach out to an indigent person to offer pro bono representation, and pay the case's costs?
The opinion concluded that a lawyer may solicit an indigent prospective client to offer pro bono representation, in a criminal or civil matter, as long as the lawyer has no motive of pecuniary gain. T…
Can a lawyer advise a DUI client to refuse chemical testing, given the uncertain law on the right to refuse?
Reconsidering its Opinion 86-05 after a Court of Appeals decision suggesting a statutory right to refuse, the opinion concluded that a lawyer may advise a client arrested for DUI to refuse blood, brea…
Can a firm's announcement of a new associate mention the associate's prior non-legal career, such as nursing?
The opinion concluded that a firm may state a new associate's prior background as a clinical nurse research investigator in an announcement of association. The factual statement of a non-legal backgro…
Does filing the IRS cash-transaction form for a fee over $10,000 violate a lawyer's confidentiality duty?
The opinion concluded that, presuming the IRS reporting of a cash fee over $10,000 is required by law under Section 6050I, there is no ethical bar to filing the form, because ER 1.6 permits disclosure…
Can a lawyer communicate ex parte with an administrative law judge about a pending case?
The opinion concluded that, except where ex parte communication is permitted by law, a lawyer may not communicate ex parte with an administrative law judge about a case pending before that judge. The …
Can a law firm's letterhead identify an of-counsel lawyer as a retired Superior Court judge?
The opinion concluded that a firm may indicate on its letterhead that an of-counsel lawyer is a retired Superior Court judge. Although the former Code would have barred it, the statement is true, does…
Can a lawyer serve as both attorney and guardian ad litem for a minor in a dependency case?
The opinion concluded that a lawyer may serve as both attorney and guardian ad litem for a minor in dependency proceedings if no conflict arises, with the lawyer's first obligation owed to the child a…
May a divorce lawyer take a lien on community funds for fees after the preliminary injunction issues?
The opinion concluded that, because no appellate court had decided whether the dissolution preliminary injunction under A.R.S. 25-315 bars paying or securing attorney fees from community property, a l…
Can a law firm supervise a company that represents employers for a fee before a state agency tribunal?
The opinion concluded there was no advertising or fee-splitting problem, but that whether a corporation may be an 'authorized agent' appearing for a fee before the Department of Economic Security unde…
Can an Arizona lawyer form an interstate partnership with an out-of-state firm, and what must the joint letterhead disclose?
The opinion concluded that an Arizona lawyer may join an interstate partnership if the letterhead clearly discloses each lawyer's jurisdictional limitations and the firm is a genuine, unified partners…
Can a lawyer charge interest on overdue invoices when there is no written fee agreement?
The opinion concluded that, absent a written fee agreement or the client's consent after notice with an opportunity to bring the account current, a lawyer may not charge interest on delinquent invoice…
Do a lawyer's past political activity, prior county clerkship, and spouse's job with a county supervisor create a conflict barring practice before the board?
The opinion concluded that the lawyer's past political support of board members, his prior clerkship and board service, his friendships with officials, and his wife's employment as a supervisor's assi…
Can a lawyer agree to a client's contingent-fee contract with a medical consulting service that supplies experts and bars reuse of them?
The opinion concluded that a lawyer may not acquiesce in or recommend the contingent-fee contract presented. The lawyer cannot supervise the independent service as ER 5.3 requires, the agreement's bar…
Is a non-refundable fee earned upon receipt unethical in a criminal defense matter?
The opinion concluded that there is no per se rule making 'earned upon receipt' fee contracts unethical, because ER 1.5(a)(8) recognizes fixed fees. The reasonableness of each such fee is judged case …
Can a lawyer advise a DUI client to refuse a breath, blood, or urine test under Arizona's implied consent law?
The opinion concluded that a lawyer may not advise a client arrested for DUI to refuse a chemical test, because under Campbell v. Superior Court the driver has no right to refuse, so a refusal is unla…
Do the competence and diligence rules limit how many cases a part-time prosecutor can take on?
The opinion concluded that prosecutors, like all lawyers, must provide competent and diligent representation, and that a lawyer who accepts more cases than can be competently handled violates ER 1.1, …
Can a firm split fees with an of-counsel lawyer by reconciling work across all clients at the end of an accounting period?
The opinion concluded that the proposed plan, paying an excess at the end of an accounting cycle based on overall work for each other's clients without telling the client, did not conform to the rule.…
Does a court-appointed lawyer for a juvenile owe duties to the juvenile's parents, and can the lawyer withdraw if they refuse to cooperate?
The opinion concluded that a lawyer appointed to represent a juvenile owes allegiance to the juvenile, not the parents; the lawyer need not confer with or supply materials to the parents, and any disc…
Can an Arizona lawyer run a newspaper want ad seeking a plaintiff to challenge a city ordinance?
The opinion concluded that a general newspaper want ad is not prohibited solicitation under ER 7.3, but that the proposed ad would violate ER 7.1(a) because it omitted facts about fees, costs, and cli…
Can an Arizona attorney and an out-of-state attorney run a joint newspaper advertisement seeking clients (here, Dalkon Shield users)?
The opinion concluded that joint advertising by an in-state and an out-of-state attorney is permissible as long as the advertising is not false or misleading. ER 7.1 and ER 7.2 permit newspaper advert…
Can a lawyer cooperate with a for-profit company that runs group TV and radio ads and refers responding clients to attorneys by zip code?
The opinion concluded that, unless the corporation is not-for-profit and bar-association approved, it is improper for a lawyer to cooperate with a company that provides group advertising and refers po…
Can a law firm contract to advise and supervise a company that supplies non-lawyer agents to represent clients before a state agency?
The opinion concluded that the law firm could not enter the proposed arrangement. Although Arizona statutes let non-lawyer agents appear before the Department of Economic Security under attorney super…
Can a lawyer sell or promote a prepaid group legal insurance plan that uses an open panel of attorneys and a multi-level sales structure?
The opinion concluded that a lawyer may not sell the insurance policies or publicly promote an open-panel prepaid group legal insurance program where those activities would turn the program into a veh…
What must a criminal defense lawyer do after taking possession of a key piece of physical evidence the prosecution is looking for?
The opinion concluded that a defense lawyer who takes possession of an important item of physical evidence must turn over the incriminating evidence, may be compelled to reveal its source and whereabo…
Can a lawyer take referrals from, and split fees with, a for-profit company that sells prepaid legal services?
The opinion concluded that the lawyer could not. The proposed for-profit prepaid legal services plan, under which fees would be split between the participating attorney and the corporation, violated D…
Can one attorney represent several judgment creditors at the same time against the same judgment debtor?
The opinion concluded there is no per se conflict in representing more than one judgment creditor against the same debtor. The attorney could do so unless the creditors had 'differing interests' as de…
Browse State Bar of Arizona opinions by topic
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. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.