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 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 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…
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…
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 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 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…
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…
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 …
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…
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 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 referra…
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 fee…
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 of …
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 solicitatio…
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 listing …
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 practici…
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 misleading …
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 nove…
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 person,…
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 c…
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 failed …
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 label…
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 w…
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 at…
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 adve…
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 sole …
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 car…
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 pro…
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 or …
Can a lawyer advertise with a catchy slogan like 'We take the pain out of accidents'?
The opinion concluded that the slogan, while undignified and lacking informational content, is not false, deceptive, or misleading, because a person of ordinary intelligence would not read it literall…
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…
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…
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 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…
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…
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 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 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 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…
Can two separate law firms list each other as 'Of Counsel' on their letterheads?
The opinion concluded that two firms could designate each other as 'Of Counsel' on their letterheads where a substantial, continuing relationship that is close, regular, and personal existed between t…
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.