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.
No State Bar of Arizona opinions match these filters
Try a different search term or clear the filters.
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 whether…
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 s…
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 meta…
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, must…
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; for…
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 to…
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 prop…
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 client's …
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 o…
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, distinguishin…
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 a…
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 inva…
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 reasona…
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 th…
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 kn…
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 of …
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 no…
Can an Arizona lawyer advertise that the lawyer is listed in The Best Lawyers in America?
The opinion concludes that, under ER 7.1 as amended in 2003, it is ethical for an Arizona lawyer to advertise a listing in The Best Lawyers in America. The amendment deleted the prior flat ban on comp…
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 no…
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 l…
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 the…
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 c…
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 lo…
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 i…
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 personal…
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 condu…
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 billin…
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 misrepresen…
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 7…
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 1.8…
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 insur…
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 un…
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 refer…
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 en…
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 the…
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, ex…
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 earned-on-receipt …
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 referrals, …
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 materiall…
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 controls…
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; th…
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 assignment,…
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 disclosure …
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 em…
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 c…
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 cas…
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 the …
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 disqualif…
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 operation…
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 outcome …
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 pro…
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 ER …
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 the …
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 compa…
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 waives…
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 deliver…
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, potentia…
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 recommend …
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 fully…
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 such…
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.