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…
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 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…
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 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 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 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…
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 …
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 …
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 …
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 severance agreement require departing in-house counsel to keep company information confidential without violating the rule against restricting a lawyer's practice?
Yes. The opinion concluded that confidentiality provisions in a departing in-house lawyer's severance agreement do not impermissibly restrict the right to practice under ER 5.6, as long as they merely…
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 …
Can a lawyer disclose that a client threatened suicide, or threatened to take a defendant 'down with him'?
The opinion concluded that if suicide is a crime in Arizona (a question of law), ER 1.6(b) requires disclosure to prevent it; if it is not a crime, the lawyer may still take protective action under ER…
If a lawyer learns the insurer is overpaying a client and the client says stay quiet, can the lawyer keep representing the client?
The opinion concluded the lawyer could not disclose the client's continuing acceptance of overpayments, but had to withdraw because letting the checks pass through the trust account assisted ongoing f…
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…
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 lawyer who suspects an elderly client is being manipulated disclose confidences to a diagnostician and seek a guardian without conflicting with other firm clients?
The opinion concluded that under ER 1.14 a lawyer may take reasonable steps to assess a client he reasonably believes cannot act in her own interest, including disclosing confidences to a diagnosticia…
Can a lawyer sign a settlement that bars him from representing future clients against a party, discloses his clients' identities, and drops his bar complaints against opposing counsel?
The opinion concluded that the lawyer may not enter the proposed settlement. Disclosing the names of franchisees he had represented would violate ER 1.6 confidentiality; agreeing not to contact or rep…
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…
Can a lawyer's investigator interview a former employee of a represented opposing corporation without the corporation's counsel consenting?
The committee deadlocked and issued no binding answer. It published two views: Alternative A would permit ex parte contact with a represented co-defendant's former employee, even a former manager, so …
Can a former prosecutor who becomes a public defender represent defendants whose cases were handled by others in the prosecutor's office while she worked there?
The opinion concluded that a former deputy county attorney now serving as a public defender may not represent a defendant (absent the government's consent) where the lawyer obtained confidential gover…
What must a lawyer do when the client secretly tape-recorded the opposing party's privileged conversation?
The opinion concluded that a lawyer whose client secretly recorded a private conversation between opposing counsel and the opposing client is not required to withdraw, and may not use the tape or its …
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…
What must a public defender do after learning that jail attorney-client conferences were being monitored?
The opinion concluded that a public defender who learns that attorney-client conferences at a juvenile detention facility were monitored must do more than notify the court and stop conferring there. T…
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 serve as both attorney and guardian ad litem for a minor in a dependency case?
The opinion concluded that a lawyer may serve as both attorney and guardian ad litem for a minor in dependency proceedings if no conflict arises, with the lawyer's first obligation owed to the child a…
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…
What must a criminal defense lawyer do after taking possession of a key piece of physical evidence the prosecution is looking for?
The opinion concluded that a defense lawyer who takes possession of an important item of physical evidence must turn over the incriminating evidence, may be compelled to reveal its source and whereabo…
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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.