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…
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…
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…
Can an Arizona lawyer pay another lawyer a referral fee for sending a client, and when can lawyers in different firms split a fee?
The opinion holds that Arizona does not allow a pure referral or finder's fee for merely referring a case when the referring lawyer stays uninvolved. Lawyers in different firms may divide a fee only i…
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 a law firm enforce an employment-contract formula dividing a contingent fee when a lawyer leaves and takes the client's case?
The opinion concluded that ER 1.5(e) is the exclusive framework for dividing fees among lawyers in different firms, so a firm-and-departing-lawyer contract dividing post-departure fees is ethically en…
Can a reduced-fee-panel lawyer in a divorce case raise the hourly rate if the client is awarded a certain value of assets?
The opinion concluded that a domestic-relations fee agreement, even one used by a county bar reduced-fee panel, may not provide for a higher hourly rate triggered by the value of assets awarded to the…
Can an Arizona lawyer charge a non-refundable or earned-on-receipt fee, and does that money have to go into the client trust account?
The opinion concluded that non-refundable or earned-on-receipt fees are not unethical per se but must be reasonable under ER 1.5 and clearly agreed to, preferably in writing. A true earned-on-receipt …
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 …
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 lawyer who drafts a client's living trust and pour-over will also serve as the trustee and personal representative?
Yes. The opinion concluded that ER 1.8(c) does not bar a lawyer who drafts a client's revocable living trust and pour-over will from being named successor trustee and personal representative, and such…
Can a personal-injury lawyer refer clients to a chiropractic clinic the lawyer owns an interest in?
The opinion strongly discouraged it. It concluded that referring an injury client to a clinic the lawyer owns creates substantial conflicts under ER 1.7(b) and a business transaction with the client u…
Can a lawyer accept a referral fee from a medical provider for sending a client to that provider?
No. The opinion concluded that a lawyer may not accept a fee for referring a client to a medical practitioner; the lawyer's financial stake creates a conflict under ER 1.7, and Arizona law made paying…
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 a lawyer charge a contingent fee to collect past-due child support or spousal maintenance?
The opinion concluded a lawyer may charge a contingent fee when retained solely to collect already-fixed child-support or spousal-maintenance arrearages, because the amount is set and the domestic-rel…
Can a lawyer waive his contingent fee and the costs he advanced to let a client accept a settlement?
The opinion concluded that a lawyer who waives both his contingent fee and the costs he advanced at the end of a case does not violate ER 1.8(e), because he keeps no personal stake in the recovery and…
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 …
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…
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 charge a contingent fee to recover marital property left undivided after a divorce is final?
The opinion concluded that a lawyer may ethically represent an indigent client on a contingent fee in a post-decree action to recover property not divided in the dissolution, but only where the claim …
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 contingent fee be computed on costs, attorney fees, and interest recovered, not just damages?
The opinion concluded that how a contingent fee base is computed is a question of contract interpretation, which is a question of law outside the committee's jurisdiction. It declined to opine, but no…
Can a lawyer charge a contingent fee in a divorce based on obtaining the decree or the property division?
The opinion concluded that the proposed contingent fee, payable only on a decree of dissolution and measured by the value of the client's share of marital property, is unethical under ER 1.5(d)(1), wh…
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…
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…
Is a non-refundable fee earned upon receipt unethical in a criminal defense matter?
The opinion concluded that there is no per se rule making 'earned upon receipt' fee contracts unethical, because ER 1.5(a)(8) recognizes fixed fees. The reasonableness of each such fee is judged case …
Can a firm split fees with an of-counsel lawyer by reconciling work across all clients at the end of an accounting period?
The opinion concluded that the proposed plan, paying an excess at the end of an accounting cycle based on overall work for each other's clients without telling the client, did not conform to the rule.…
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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.