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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Could a lawyer represent customers of a nonlawyer-run eviction service on call?
Arizona Opinion 93-01 rejected the described association with a for-profit eviction service because it failed lawyer supervision and independence requirements and the then-current referral rule; it…
Was the zip-code Injury Helpline television advertisement a prohibited lawyer referral service under Arizona Opinion 01-93?
Opinion 01-93 treated the described program as group advertising, because an answering service matched callers to participating lawyers solely by ZIP code without screening or recommending. It…
Could a personal injury lawyer buy accident-customer names from a towing-company client and mail them?
Arizona Opinion 92-11 permitted buying the described customer list because the company made no lawyer recommendation, subject to the lawyer-client business-transaction rule. Targeted letters to…
What could lawyers in the Arizona Speakers’ Bureau say or distribute at public seminars?
Arizona Opinion 92-10 allowed factual speaker descriptions, passively available business cards and written materials, a general unpressured consultation offer, and a share of seminar admission fees.…
Could the owner of a collection agency later represent its customers as a lawyer in debt suits?
Arizona Opinion 92-09 rejected the described plan because the lawyer-owned collection agency’s advertising and solicitation fed customers into the owner’s law practice and misled them about the…
Under Arizona’s former rules, could a firm lease a solo practice during the lawyer’s leave?
Arizona Opinion 92-08 permitted a temporary practice lease only without payment for goodwill or referrals and with each client’s free choice and consent. Arizona Opinion 06-01 says adoption of ER…
Could a public defender represent one defendant when the office represented an adverse witness and had represented others?
Arizona Opinion 92-07 required withdrawal from both concurrent criminal representations: defending A was directly adverse to the office’s current client B, and former clients C, D, and E were…
Could a public defender keep A’s case after the office was appointed for adverse witness B but never contacted B?
Arizona Opinion 92-06 conditionally allowed the office to continue defending A because its appointments for B involved no contact or acts of representation; the office still had to assess whether it…
Could lawyers pay printing costs to appear in a union’s discounted-services guide and give union seminars?
Arizona Opinion 92-05 permitted listings in the described union guide and educational visits: members retained a free choice of counsel, the union made no individual recommendations or profit from…
Could a law firm give its bank a client receivables list for a line of credit?
Arizona Opinion 92-04 held that client names, fee balances, and account ages were information relating to representation under ER 1.6. A firm could disclose that receivables list to a lender only…
Could a lawyer represent a current client in arbitration against a corporation the lawyer once represented?
Arizona Opinion 92-03 found no ER 1.9 duty to withdraw on the stated facts: the earlier stock matter and later contract arbitration were not substantially related, and the former client’s…
Must a criminal defense lawyer reveal that a client appeared in separate courts under two names?
Arizona Opinion 92-02 said counsel should tell the criminal defendant not to keep using a false name, seek withdrawal without revealing the reason if the client insisted, and, if withdrawal was…
Who receives original client file documents when a former lawyer and the client both ask for them?
Arizona Opinion 92-01 said the current lawyer must deliver original documents the client is entitled to because the former lawyer asserted no retaining lien. If a genuine entitlement dispute arises,…
Can a county child-support office help a non-custodial parent reduce support it earlier helped the custodial parent obtain?
The opinion concluded that if an attorney-client relationship was formed with the custodial parent, ER 1.9 bars the office from later helping the non-custodial parent seek a downward modification,…
Can a lawyer charge a contingent fee to collect past-due child support or spousal maintenance?
The opinion concluded a lawyer may charge a contingent fee when retained solely to collect already-fixed child-support or spousal-maintenance arrearages, because the amount is set and the…
Can a law firm guarantee repayment of a loan its client takes out for living expenses during litigation?
The opinion concluded that a law firm's guarantee of a third-party loan to a client in litigation violates ER 1.8(e), because the guarantee is itself financial assistance: it gives the firm an…
Can a lawyer disclose that a client threatened suicide, or threatened to take a defendant 'down with him'?
The opinion concluded that if suicide is a crime in Arizona (a question of law), ER 1.6(b) requires disclosure to prevent it; if it is not a crime, the lawyer may still take protective action under…
When a lawyer leaves a firm, may he write to the clients he worked with, and do the solicitation rules apply?
The opinion concluded a departing lawyer may contact clients he worked with at the firm. Because those clients have a 'prior professional relationship' with him, ER 7.3's in-person/written…
Does serving as an unpaid judge pro tem count toward a lawyer's pro bono service?
The opinion concluded that an attorney who serves as a judge pro tem without pay may count that service as pro bono publico under ER 6.1, because the rule reaches activities that improve the law,…
Can a lawyer in financial trouble file personal and professional-corporation bankruptcy and discharge clients' claims?
The opinion concluded that filing Chapter 7 bankruptcy, personally and for a professional corporation, is not itself a rules violation, including seeking to discharge malpractice claims and a…
Can a lawyer advance money for a client's medical care during litigation, or instead give the client a gift?
The opinion concluded a lawyer may not advance or guarantee funds for the client's daughter's medical care, because ER 1.8(e) bars such litigation-related financial assistance. But the lawyer may…
Can a lawyer waive his contingent fee and the costs he advanced to let a client accept a settlement?
The opinion concluded that a lawyer who waives both his contingent fee and the costs he advanced at the end of a case does not violate ER 1.8(e), because he keeps no personal stake in the recovery…
When a city attorney prosecutes a county's cases under contract, are the two offices one 'firm' that cannot swap conflict cases?
The opinion concluded the contract did not, by itself, make the City Attorney's and County Attorney's offices one 'firm' under ER 1.10, so they could keep exchanging conflict cases. But because the…
Can a law firm keep a retired or semi-retired partner's name in the firm name, and what must it disclose?
The opinion concluded a firm may keep a retired partner's name in the firm name where there is a continuing line of succession, and the firm name alone needs no further disclosure. But in any…
Can a lawyer apply court-awarded fees held in trust to a client's unpaid balance when the client won't respond?
The opinion concluded the lawyer could apply the court-awarded fees and costs to the balance the client owed, because the funds were awarded to cover his fees, were less than what he had…
Can an Arizona law firm call itself 'ABCD Law Center' using the partners' initials?
The opinion concluded that 'ABCD Law Center,' built from the partners' initials, is a prohibited trade name under ER 7.5(a), because initials do not sufficiently identify the lawyers actually…
Can a lawyer advertise that he is listed in The Best Lawyers in America or Who's Who in American Law?
The opinion concluded that advertising a listing in The Best Lawyers in America or Who's Who in American Law is a comparative quality claim that cannot be factually substantiated, so it is…
Can a lawyer's letter threaten criminal prosecution to collect a civil obligation like child support?
The opinion concluded that under the current rules a threat of criminal prosecution to gain civil advantage is not unethical per se, because the old DR 7-105(A) ban was not carried forward; it is…
Can a lawyer mail the public a branded wallet and an accident checklist as advertising?
The opinion concluded the mailing was permissible. Giving the public a checklist and an embossed vinyl wallet is not paying someone 'for recommending the lawyer's services' under ER 7.2(c), and a…
Can a criminal defense lawyer keep representing a client when a partner once represented a key prosecution witness?
The opinion concluded the lawyer had to withdraw: his partner's prior representation of the witness in a substantially related IRS matter disqualified the partner under ER 1.9(a), and ER 1.10(a)…
Can a lawyer join a business networking group or set up a booth at a business expo to attract clients?
The opinion concluded a lawyer could join a professional networking group and describe her services generally if the membership fee was not tied to referrals and she did not solicit members in…
Can an Arizona lawyer ghostwrite pleadings and give advice to a client who appears in court pro se?
The opinion concluded a lawyer may provide limited-scope help, preparing pleadings and giving advice without appearing, if the client consents and the scope does not force a rule violation. It…
If a lawyer learns the insurer is overpaying a client and the client says stay quiet, can the lawyer keep representing the client?
The opinion concluded the lawyer could not disclose the client's continuing acceptance of overpayments, but had to withdraw because letting the checks pass through the trust account assisted ongoing…
When a client disappears, can the lawyer holding the client's documents release them to the opposing party's lawyer or destroy them?
The opinion concluded that the lawyer must make every reasonable effort to locate the client, must hold the documents with a fiduciary's care, may not destroy them until they are legally abandoned…
Could volunteer lawyers represent a person adverse to someone screened or represented by an affiliated legal aid program?
Arizona Opinion 91-24 treated the volunteer program and legal aid office as likely separate firms and allowed adverse representations if intake information was protected. It made the answer depend…
Could a lawyer revive a settled fee claim if the client later filed a bar complaint?
Arizona Opinion 91-23 advised against a fee-settlement clause reviving the lawyer’s claim upon a client’s disciplinary complaint. It said the clause risked coercion, undermined bar self-regulation,…
Could a lawyer help a personal injury client obtain a third-party loan secured by claim proceeds?
Arizona Opinion 91-22 permitted limited assistance with an independent lender if counsel had no impairing interest in the lender, did not guarantee repayment, protected client information, and did…
May a lawyer work with a judge on a law-related education program while the lawyer or the lawyer's firm has cases pending before that judge?
The opinion concluded that communicating with a judge about matters wholly unrelated to pending litigation, such as a law-related education program, is not a prohibited ex parte contact under ER…
If a lawyer admitted in Arizona and the Navajo Nation accepts a Navajo court appointment that Arizona's conflict rules would bar, can Arizona discipline him?
The opinion concluded that, under choice-of-law principles read into the ER 8.5 Comment, the Navajo Nation's ethical rules govern, so a lawyer who complies with the Navajo Nation's rules and court…
Can a law firm that represents a workers' compensation carrier solicit and also represent the injured workers in third-party claims?
The opinion concluded the firm may solicit injured workers only in writing under ER 7.1-7.3 (not in person or by phone for pecuniary gain), and that dual representation of the carrier and the worker…
Can a county attorney sign a state contract that dictates the procedures he must use in child-support and paternity cases for the people he represents?
The opinion concluded that if the county attorney's client is the person needing the services, ER 5.4(c) bars him from signing a DES contract dictating procedures where doing so would prejudice the…
May a lawyer decline to approve a proposed form of judgment to delay its entry, and may he object to a form he concedes is proper?
The opinion concluded the lawyer may decline to approve the proposed judgment as to form so that the client need not act prematurely, since ER 3.2 and the civil rules give the opponent another route…
If a lawyer negligently lets a claim be dismissed on the statute of limitations, does his own malpractice exposure create a conflict requiring withdrawal?
The opinion concluded it could not answer yes or no without more facts, but held that where the lawyer's fault is clear and a malpractice claim is likely, the representation may be materially…
Can a law firm pay a nonlawyer marketing director a base salary plus bonuses tied to a percentage of the firm's increased revenues?
The opinion concluded (over three dissents) that paying a nonlawyer incentive compensation measured by a percentage of increased firm revenues does not violate ER 5.4, so long as the nonlawyer does…
Must an Arizona lawyer report another lawyer's misconduct to bar counsel, and does client confidentiality limit that duty?
The opinion concluded that ER 8.3 requires reporting only violations that raise a substantial question as to a lawyer's honesty, trustworthiness, or fitness, and only where the reporting lawyer has…
Can a lawyer who suspects an elderly client is being manipulated disclose confidences to a diagnostician and seek a guardian without conflicting with other firm clients?
The opinion concluded that under ER 1.14 a lawyer may take reasonable steps to assess a client he reasonably believes cannot act in her own interest, including disclosing confidences to a…
When a lawyer holds a recorded judgment but cannot locate the client, may he decline funds the judgment debtor tenders to satisfy it?
The opinion concluded that if the lawyer has exhausted all reasonable methods of contacting the missing client, he may ethically decline the funds and withdraw under ER 1.16(b)(5); but withdrawal is…
Must a public defender decline new cases, and must individual defenders withdraw, when caseloads are too high to represent clients competently?
The opinion concluded that both questions are 'yes.' A public defender whose office cannot competently and diligently handle its assigned cases must seek to decline or withdraw from appointments,…
Can an Arizona lawyer join a for-profit, nationwide TV advertising and referral service like 'Bankruptcy Attorneys Trust'?
The opinion concluded that an Arizona lawyer may not participate in the described service. It was a for-profit referral service not operated, sponsored, or approved by a bar association, so it…
Must a government lawyer entering private practice mark an announcement letter to fellow in-house counsel 'Advertisement'?
The opinion concluded that ER 7.2(e)'s 'Advertisement' labeling requirement does not apply to a letter sent only to fellow attorneys announcing the lawyer's move to private practice, because the…
Can an Arizona law firm mail brochures and newsletters to non-client businesses, publicize free speaking engagements, and use Welcome Wagon to reach new residents?
The opinion concluded that the firm may do all three. A brochure-and-newsletter package mailed to non-client businesses, and brochures distributed through Welcome Wagon, are permitted if they comply…
Can a lawyer sign a settlement that bars him from representing future clients against a party, discloses his clients' identities, and drops his bar complaints against opposing counsel?
The opinion concluded that the lawyer may not enter the proposed settlement. Disclosing the names of franchisees he had represented would violate ER 1.6 confidentiality; agreeing not to contact or…
Do Arizona's lawyer-advertising rules apply to a professional announcement card mailed to lawyers, clients, friends, and relatives?
The opinion concluded that the ER 7.2 and ER 7.3 advertising restrictions do not apply to a professional announcement so long as it is not false or misleading under ER 7.1 and is sent only to other…
Can a law firm list paralegals and other non-lawyer staff on its letterhead?
The opinion concluded that, under ER 7.1 and ER 7.5, a law firm may list non-lawyer support personnel such as paralegals, administrators, or office managers on its letterhead, business cards, and…
Can a criminal defense lawyer or investigator secretly tape-record a witness interview to get impeachment material?
The opinion concluded that a criminal defense attorney or the attorney's agents may ethically record a witness interview with the consent of one party, both to protect against perjury and to obtain…
Can a solo practitioner with no current associates call the firm 'X and Associates'?
The opinion concluded that 'X and Associates' is not a prohibited trade name and is not misleading if the employing lawyer's name is included and the lawyer actually employs other lawyers, but a…
Can a law firm mail a free substantive legal newsletter to non-clients in an industry without labeling it as advertising?
Yes. The opinion concluded that a firm may distribute an informational construction-law review to non-clients, and that because it was not aimed at people known to need specific legal services and…
Can a lawyer accept credit cards to pay legal fees and retainers?
The opinion concluded that a lawyer or firm may ethically accept credit cards for legal fees and retainers. It found no breach of confidentiality, no conflict of interest, and no interference with…
What can a lawyer say in a targeted direct-mail letter soliciting accident victims after Shapero?
Reviewing three proposed accident-victim mailings, the opinion concluded that targeted direct mail is constitutionally protected after Shapero, but flagged many passages as misleading under ER 7.1…
When the head of one indigent-defense office becomes head of another in the same county, are the other lawyers there disqualified from conflicting cases?
The opinion concluded that a public defender's office is a 'firm,' so a lawyer moving between two such offices is governed by the stricter imputed-disqualification rule ER 1.10, not the more lenient…
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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.