Arizona Legal Ethics
Prepared By
Snell & Wilmer L.L.P.
Phoenix, Arizona
This summary of the law of lawyering of Arizona has been prepared by Snell & Wilmer, Phoenix, Arizona. The summary is transmitted for informational purposes only and not for legal advice. Users should not act upon this information without seeking the professional advice of a lawyer in the applicable jurisdiction. An effort has been made to provide useful information, but the information is not necessarily complete, may be inaccurate, and may not reflect current legal developments. The provider does not warrant that the information is complete or accurate and disclaims all liability to any person for any loss caused by errors or omissions in the summary.
Suggestions for improvements or correction are welcome. Please send them to: Daniel J. McAuliffe, Snell & Wilmer, One Arizona Center, Phoenix, Arizona 85004-0001 Phone: 602-382-6000; Fax: 602-382-6070
Copyright in this narrative is held by the Snell & Wilmer. Copyright in the full American Legal Ethics Library is held by Cornell University. Questions about redistribution of the library should be directed to: Legal Information Institute, Cornell Law School, Myron Taylor Hall, Ithaca, NY 14853, E-mail: lii@lii.law.cornell.edu
The cutoff date for this edition is December 1, 2003. Consequently, the narrative does not reflect decisions, amendments or other legal developments after that date.
- 0.1:100 Sources of Law and Guidance
- 0.2:200 Forms of Lawyer Regulation in Arizona
- 0.3:300 Organization of This Library and the Model Rules
- 0.4:400 Abbreviations, References and Terminology
- 0.4:500 Additional Definitions in Arizona
- 1.1 Rule 1.1 Competence
- 1.2 Rule 1.2 Scope
of Representation
- 1.2:100 Comparative Analysis of Arizona Rule
- 1.2:200 Creating the Client-Lawyer Relationship
- 1.2:300 Authority to Make Decisions or Act for Client
- 1.2:400 Lawyer's Moral Autonomy
- 1.2:500 Limiting the Scope of Representation
- 1.2:600 Prohibited Assistance
- 1.2:700 Warning Client of Limitations on Representation
- 1.2:800 Identifying to Whom a Lawyer Owes Duties
- 1.3 Rule 1.3 Diligence
- 1.4 Rule 1.4 Communication
- 1.5 Rule 1.5 Fees
- 1.6 Rule 1.6 Confidentiality
of Information
- 1.6:100 Comparative Analysis of Arizona Rule
- 1.6:200 Professional Duty of Confidentiality
- 1.6:300 Exceptions to Duty of Confidentiality--In General
- 1.6:400 Attorney-Client Privilege
- 1.6:500 Waiver of Attorney-Client Privilege
- 1.6:600 Exceptions to Attorney-Client Privilege
- 1.6:700 Lawyer Work-Product Immunity
- 1.7 Rule 1.7 Conflict
of Interest: General Rule
- 1.7:100 Comparative Analysis of Arizona Rule
- 1.7:200 Conflicts of Interest in General
- 1.7:300 Conflict of Interest Among Current Clients (Concurrent Conflicts)
- 1.7:400 Conflict of Interest Between Current Client and Third-Party Payor
- 1.7:500 Conflict of Interest Between Current Client and Lawyer's Interest [see also 1.8:200]
- 1.8 Rule 1.8 Conflict
of Interest: Prohibited Transactions
- 1.8:100 Comparative Analysis of Arizona Rule
- 1.8:200 Lawyer's Personal Interest Affecting Relationship
- 1.8:300 Lawyer's Use of Client Information
- 1.8:400 Client Gifts to Lawyer
- 1.8:500 Literary or Media Rights Relating to Representation
- 1.8:600 Financing Litigation
- 1.8:700 Payment of Lawyer's Fee by Third Person
- 1.8:800 Aggregate Settlements
- 1.8:900 Agreements Involving Lawyer's Malpractice Liability
- 1.8:1000 Opposing a Lawyer Relative
- 1.8:1100 Lawyer's Proprietary Interest in Subject Matter of Representation
- 1.9 Rule 1.9 Conflict of Interest: Former Client
- 1.10 Rule 1.10 Imputed Disqualification: General Rule
- 1.11 Rule 1.11
Successive Government and Private Employment
- 1.11:100 Comparative Analysis of Arizona Rule
- 1.11:200 Representation of Another Client by Former Government Lawyer
- 1.11:300 Use of Confidential Government Information
- 1.11:400 Government Lawyer Participation in Matters Related to Prior Representation
- 1.11:500 Government Lawyer Negotiating for Private Employment
- 1.12 Rule 1.12 Former Judge or Arbitrator
- 1.12:100 Comparative Analysis of Arizona Rule
- 1.12:200 Former Judge or Arbitrator Representing Client in Same Matter
- 1.12:300 Negotiating for Future Employment
- 1.12:400 Screening to Prevent Imputed Disqualification
- 1.12:500 Partisan Arbitrators Selected by Parties to Dispute
- 1.13 Rule 1.13 Organization as Client
- 1.14 Rule 1.14 Client Under a Disability
- 1.14:100 Comparative Analysis of Arizona Rule
- 1.14:200 Problems in Representing a Partially or Severely Disabled Client
- 1.14:300 Maintaining Client-Lawyer Relationship with Disabled Client
- 1.14:400 Appointment of Guardian or Other Protective Action
- 1.15 Rule 1.15 Safekeeping Property
- 1.16 Rule 1.16 Declining or Terminating Representation
- 1.17 Rule 1.17 Sale of Law Practice
- 1.18 Rule 1.18 Duties to Prospective Clients
- 2.1 Rule 2.1 Advisor
- 2.2 Rule 2.2 Intermediary
- 2.3 Rule 2.3 Evaluation for Use by Third Persons
- 2.4 Rule 2.4 Lawyer Serving as a Third-Party Neutral
- 3.1 Rule 3.1 Meritorious Claims and Contentions
- 3.2 Rule 3.2 Expediting Litigation
- 3.3 Rule 3.3 Candor
Toward the Tribunal
- 3.3:100 Comparative Analysis of Arizona Rule
- 3.3:200 False Statements to a Tribunal
- 3.3:300 Disclosure to Avoid Assisting Client Crime or Fraud
- 3.3:400 Disclosing Adverse Legal Authority
- 3.3:500 Offering False Evidence
- 3.3:600 Remedial Measures Necessary to Correct False Evidence
- 3.3:700 Discretion to Withhold Evidence Believed to Be False
- 3.3:800 Duty of Disclosure in Ex Parte Proceedings
- 3.4 Rule 3.4 Fairness
to Opposing Party and Counsel
- 3.4:100 Comparative Analysis of Arizona Rule
- 3.4:200 Unlawful Destruction and Concealment of Evidence
- 3.4:300 Falsifying Evidence
- 3.4:400 Knowing Disobedience to Rules of Tribunal
- 3.4:500 Fairness in Pretrial Practice
- 3.4:600 Improper Trial Tactics
- 3.4:700 Advising Witness Not to Speak to Opposing Parties
- 3.5 Rule 3.5 Impartiality and Decorum of the Tribunal
- 3.6 Rule 3.6 Trial Publicity
- 3.7 Rule 3.7 Lawyer as Witness
- 3.8 Rule 3.8 Special
Responsibilities of a Prosecutor
- 3.8:100 Comparative Analysis of Arizona Rule
- 3.8:200 The Decision to Charge
- 3.8:300 Efforts to Assure Accused's Right to Counsel
- 3.8:400 Seeking Waivers of Rights from Unrepresented Defendants
- 3.8:500 Disclosing Evidence Favorable to the Accused
- 3.8:600 Monitoring Extrajudicial Statements by Law Enforcement Officials
- 3.8:700 Issuing a Subpoena to a Lawyer
- 3.8:800 Making Extrajudicial Statements
- 3.8:900 Peremptory Strikes of Jurors
- 3.9 Rule 3.9 Advocate in Nonadjudicative Proceedings
IV. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
- 4.1 Rule 4.1 Truthfulness in Statements to Others
- 4.2 Rule 4.2 Communication with Person Represented by Counsel
- 4.3 Rule 4.3 Dealing with Unrepresented Person
- 4.4 Rule 4.4 Respect for Rights of Third Persons
- 5.1 Rule 5.1 Responsibilities of a Partner and Supervisory Lawyer
- 5.2 Rule 5.2 Responsibilities of a Subordinate Lawyer
- 5.3 Rule 5.3 Responsibilities Regarding Nonlawyer Assistants
- 5.4 Rule 5.4 Professional Independence of a Lawyer [Restrictions on Form of Practice]
- 5.5 Rule 5.5 Unauthorized Practice of Law
- 5.6 Rule 5.6 Restrictions on Right to Practice
- 5.7 Rule 5.7 Responsibilities Regarding Law-Related Services
- 6.1 Rule 6.1 Pro Bono Public Service
- 6.2 Rule 6.2 Accepting Appointments
- 6.3 Rule 6.3 Membership in Legal Services Organization
- 6.4 Rule 6.4 Law Reform Activities Affecting Client Interests
- 6.5 Rule 6.5 Nonprofit and Court-Annexed Limited Legal Service Programs
VII. INFORMATION ABOUT LEGAL SERVICES
- 7.1 Rule 7.1 Communications Concerning a Lawyer's Services
- 7.2 Rule 7.2 Advertising
- 7.3 Rule 7.3 Direct Contact with Prospective Client
- 7.4 Rule 7.4 Communication of Fields of Practice
- 7.5 Rule 7.5 Firm Names and Letterheads
VIII. MAINTAINING THE INTEGRITY OF THE PROFESSION
- 8.1 Rule 8.1 Bar Admission and Disciplinary Matters
- 8.2 Rule 8.2 Judicial and Legal Officials
- 8.2:100 Comparative Analysis of Arizona Rule
- 8.2:200 False Statements About Judges or Other Legal Officials
- 8.2:300 Lawyer Candidates for Judicial Office
- 8.3 Rule 8.3 Reporting Professional Misconduct
- 8.3:100 Comparative Analysis of Arizona Rule
- 8.3:200 Mandatory Duty to Report Serious Misconduct
- 8.3:300 Reporting the Serious Misconduct of a Judge
- 8.3:400 Exception Protecting Confidential Information
- 8.4 Rule 8.4 Misconduct
- 8.4:100 Comparative Analysis of Arizona Rule
- 8.4:200 Violation of a Rule of Professional Conduct
- 8.4:300 Commission of a Crime
- 8.4:400 Dishonesty, Fraud, Deceit and Misrepresentation
- 8.4:500 Conduct Prejudicial to the Administration of Justice
- 8.4:600 Implying Ability to Influence Public Officials
- 8.4:700 Assisting Judge or Official in Violation of Duty
- 8.4:800 Discrimination in the Practice of Law
- 8.4:900 Threatening Prosecution
- 8.5 Rule 8.5 Disciplinary Authority; Choice of Law




