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 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…
Can an Arizona lawyer who donates to a charity accept client referrals that come from that charity's activities?
The opinion concluded that a lawyer may accept referrals from a nonprofit organization to which the lawyer has donated, as long as the donations are casual and not conditioned on receiving referrals, …
Can an Arizona lawyer contract with an outside paralegal to interview estate-planning clients and supervise document signings, paying the paralegal per case?
The opinion concluded that a lawyer may contract with a paralegal to conduct initial interviews of and supervise document signings by estate-planning clients only if the lawyer supervises and controls…
Can an Arizona lawyer pay a marketing agency a flat monthly fee to send accident victims to the firm, and can a lawyer buy a towing company's customer list?
The opinion concluded that the flat-fee marketing arrangement was a for-profit lawyer referral service that no bar association sponsored or approved, prohibited by ER 7.1(j) and 7.1(r); but a lawyer c…
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 …
Can a law firm give employers brochures and a discounted fee schedule to pass on to their employees?
Yes. The opinion concluded that a firm may give employers promotional materials and a discounted fee offer for their employees without violating ER 7.1, so long as employers are not paid to recommend …
How long must a lawyer wait before sending a direct-mail solicitation to a relative of someone who recently died in an accident?
Arizona set no fixed waiting period. The opinion concluded that ER 7.3(d)(4) uses a case-specific test, and the lawyer must assess factors like the closeness of the relationship and the suddenness of …
When a lawyer leaves a firm, may he write to the clients he worked with, and do the solicitation rules apply?
The opinion concluded a departing lawyer may contact clients he worked with at the firm. Because those clients have a 'prior professional relationship' with him, ER 7.3's in-person/written solicitatio…
Can a lawyer mail the public a branded wallet and an accident checklist as advertising?
The opinion concluded the mailing was permissible. Giving the public a checklist and an embossed vinyl wallet is not paying someone 'for recommending the lawyer's services' under ER 7.2(c), and a nove…
Can a lawyer join a business networking group or set up a booth at a business expo to attract clients?
The opinion concluded a lawyer could join a professional networking group and describe her services generally if the membership fee was not tied to referrals and she did not solicit members in person,…
Can a law firm that represents a workers' compensation carrier solicit and also represent the injured workers in third-party claims?
The opinion concluded the firm may solicit injured workers only in writing under ER 7.1-7.3 (not in person or by phone for pecuniary gain), and that dual representation of the carrier and the worker c…
Can an Arizona lawyer join a for-profit, nationwide TV advertising and referral service like 'Bankruptcy Attorneys Trust'?
The opinion concluded that an Arizona lawyer may not participate in the described service. It was a for-profit referral service not operated, sponsored, or approved by a bar association, so it failed …
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…
Can an Arizona law firm mail brochures and newsletters to non-client businesses, publicize free speaking engagements, and use Welcome Wagon to reach new residents?
The opinion concluded that the firm may do all three. A brochure-and-newsletter package mailed to non-client businesses, and brochures distributed through Welcome Wagon, are permitted if they comply w…
Do Arizona's lawyer-advertising rules apply to a professional announcement card mailed to lawyers, clients, friends, and relatives?
The opinion concluded that the ER 7.2 and ER 7.3 advertising restrictions do not apply to a professional announcement so long as it is not false or misleading under ER 7.1 and is sent only to other at…
Can a law firm mail a free substantive legal newsletter to non-clients in an industry without labeling it as advertising?
Yes. The opinion concluded that a firm may distribute an informational construction-law review to non-clients, and that because it was not aimed at people known to need specific legal services and car…
What can a lawyer say in a targeted direct-mail letter soliciting accident victims after Shapero?
Reviewing three proposed accident-victim mailings, the opinion concluded that targeted direct mail is constitutionally protected after Shapero, but flagged many passages as misleading under ER 7.1 or …
Can a lawyer advertise with a catchy slogan like 'We take the pain out of accidents'?
The opinion concluded that the slogan, while undignified and lacking informational content, is not false, deceptive, or misleading, because a person of ordinary intelligence would not read it literall…
Can an attorney who is also a real estate broker advertise both roles when soliciting real estate business?
The opinion concluded that an attorney/real estate broker may truthfully state on legal letterhead that he also holds a broker's license, and may use that letterhead for mailed solicitations that comp…
Can a law firm mail seminar brochures to non-clients, and must the brochures be labeled as advertisements?
The opinion concluded that a firm may conduct legal seminars within the committee's guidelines and mail brochures publicizing them to non-clients, even when the motive is financial. A brochure that gi…
Can a lawyer co-present public seminars with a nonlawyer financial planner and offer free consultations?
The opinion concluded that a lawyer may ethically present advertised public seminars with a nonlawyer financial planner if the seminar informs rather than gives individual advice, the lawyer and plann…
Can a law firm send targeted direct-mail letters to people with known specific legal problems?
The opinion concluded that a firm may not send direct mailings targeted at individuals known to have specific legal problems, even if truthful, because such targeted contact is solicitation for pecuni…
Can a lawyer reach out to an indigent person to offer pro bono representation, and pay the case's costs?
The opinion concluded that a lawyer may solicit an indigent prospective client to offer pro bono representation, in a criminal or civil matter, as long as the lawyer has no motive of pecuniary gain. T…
Can an Arizona lawyer run a newspaper want ad seeking a plaintiff to challenge a city ordinance?
The opinion concluded that a general newspaper want ad is not prohibited solicitation under ER 7.3, but that the proposed ad would violate ER 7.1(a) because it omitted facts about fees, costs, and cli…
Can a lawyer sell or promote a prepaid group legal insurance plan that uses an open panel of attorneys and a multi-level sales structure?
The opinion concluded that a lawyer may not sell the insurance policies or publicly promote an open-panel prepaid group legal insurance program where those activities would turn the program into a veh…
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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.