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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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 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 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 …
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 …
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 …
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 …
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 o…
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 decline…
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 t…
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 ac…
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 im…
When must an Arizona lawyer report an opposing lawyer's suspected misconduct to the State Bar?
The committee declined to opine on the specific conduct, citing its policies against opining on another lawyer's conduct, conduct in pending litigation, or pure questions of law. It commented that ER …
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 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 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 …
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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. 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.