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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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…
Can a public defender's office set up a screened 'conflicts unit' to handle cases the office is conflicted out of, instead of sending them to outside counsel?
The opinion holds that under revised ER 1.10 a separate screened conflicts unit may not be used to take cases involving the office's former clients; screening does not cure the imputed conflict. Two c…
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 …
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…
Must a public defender's office withdraw when a post-conviction client wants to claim ineffective assistance by another lawyer in the same office?
Yes, where the client has a colorable ineffective-assistance claim against a colleague, the office must withdraw because of the imputed conflict, but the timing depends on the facts; a frivolous or me…
Can a county child-support office help a non-custodial parent reduce support it earlier helped the custodial parent obtain?
The opinion concluded that if an attorney-client relationship was formed with the custodial parent, ER 1.9 bars the office from later helping the non-custodial parent seek a downward modification, sha…
When a city attorney prosecutes a county's cases under contract, are the two offices one 'firm' that cannot swap conflict cases?
The opinion concluded the contract did not, by itself, make the City Attorney's and County Attorney's offices one 'firm' under ER 1.10, so they could keep exchanging conflict cases. But because the Co…
Can a lawyer's letter threaten criminal prosecution to collect a civil obligation like child support?
The opinion concluded that under the current rules a threat of criminal prosecution to gain civil advantage is not unethical per se, because the old DR 7-105(A) ban was not carried forward; it is unet…
Can a county attorney sign a state contract that dictates the procedures he must use in child-support and paternity cases for the people he represents?
The opinion concluded that if the county attorney's client is the person needing the services, ER 5.4(c) bars him from signing a DES contract dictating procedures where doing so would prejudice the re…
Must a public defender decline new cases, and must individual defenders withdraw, when caseloads are too high to represent clients competently?
The opinion concluded that both questions are 'yes.' A public defender whose office cannot competently and diligently handle its assigned cases must seek to decline or withdraw from appointments, and …
Must a government lawyer entering private practice mark an announcement letter to fellow in-house counsel 'Advertisement'?
The opinion concluded that ER 7.2(e)'s 'Advertisement' labeling requirement does not apply to a letter sent only to fellow attorneys announcing the lawyer's move to private practice, because the label…
When the head of one indigent-defense office becomes head of another in the same county, are the other lawyers there disqualified from conflicting cases?
The opinion concluded that a public defender's office is a 'firm,' so a lawyer moving between two such offices is governed by the stricter imputed-disqualification rule ER 1.10, not the more lenient E…
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…
Can a state agency hearing officer negotiate for a private-practice job with law firms that appear before her?
The opinion concluded that under ER 1.12(b) an adjudicative officer may not negotiate for employment with a law firm representing a party in a matter in which she is participating personally and subst…
Can a lawyer with a public defender contract also serve as a judge pro tempore in the same court?
The opinion concluded that a lawyer holding a public defender contract may not serve as a judge pro tempore on the criminal or juvenile bench, but may serve on the civil or domestic relations bench wi…
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…
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 a public defender director follow a funding agency manager's directions in representing indigent clients?
The opinion concluded that the director of a public defender agency may follow the funding body's manager only where professional judgment, client confidences, and conflicts are not implicated. Where …
Do a lawyer's past political activity, prior county clerkship, and spouse's job with a county supervisor create a conflict barring practice before the board?
The opinion concluded that the lawyer's past political support of board members, his prior clerkship and board service, his friendships with officials, and his wife's employment as a supervisor's assi…
Do the competence and diligence rules limit how many cases a part-time prosecutor can take on?
The opinion concluded that prosecutors, like all lawyers, must provide competent and diligent representation, and that a lawyer who accepts more cases than can be competently handled violates ER 1.1, …
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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.