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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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…
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…
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 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…
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,…
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 …
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 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 indisputably …
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 und…
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…
When may a lawyer disburse settlement funds a third party claims a lien on, and must the lawyer start proceedings to resolve the lien?
The opinion concluded that, following Opinion 88-02, a lawyer pays settlement funds to whoever is clearly entitled and otherwise holds disputed funds in trust or interpleads them. The lawyer may not h…
What are a lawyer's duties when a health care provider asks the lawyer to sign a lien against the client's injury settlement?
The opinion concluded that the client decides whether to sign a provider's lien form after the lawyer explains its consequences; the lawyer may not sign the form in a way that misleads the provider un…
May a divorce lawyer take a lien on community funds for fees after the preliminary injunction issues?
The opinion concluded that, because no appellate court had decided whether the dissolution preliminary injunction under A.R.S. 25-315 bars paying or securing attorney fees from community property, a l…
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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.