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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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 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 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…
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…
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…
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 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 in financial trouble file personal and professional-corporation bankruptcy and discharge clients' claims?
The opinion concluded that filing Chapter 7 bankruptcy, personally and for a professional corporation, is not itself a rules violation, including seeking to discharge malpractice claims and a landlord…
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…
If a lawyer negligently lets a claim be dismissed on the statute of limitations, does his own malpractice exposure create a conflict requiring withdrawal?
The opinion concluded it could not answer yes or no without more facts, but held that where the lawyer's fault is clear and a malpractice claim is likely, the representation may be materially limited …
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…
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 …
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 …
Is it a conflict for a lawyer to defend a criminal case while running for County Attorney?
The opinion concluded that running for County Attorney while representing a criminal defendant is a potential, not automatic, conflict under ER 1.7(b). The lawyer may continue only if a disinterested …
Must a criminal defense lawyer withdraw if subpoenaed to testify about the client's prior conviction?
The opinion concluded that when a lawyer defending a client on a DWI-with-prior charge is properly subpoenaed by the prosecutor to prove the prior conviction, the lawyer must ordinarily seek to withdr…
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.