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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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…
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…
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…
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…
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…
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…
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…
Can a lawyer ethically discuss confidential client matters on a cellular or cordless phone?
Yes, but with caution. The opinion concluded that using a portable phone was not by itself an ethical breach, while warning that such calls can be intercepted and that lawyers should exercise caution …
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 p…
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 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…
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 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…
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…
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…
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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.