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February 9, 2010
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Ethics Opinions Resources
Search Ethics Opinions

Search below by keyword, phrase or year for Formal Ethics Opinions issued from 1985 to the present. Most opinions older than 1995 are available as Adobe Acrobat .pdf Files. Reading these files requires the Adobe Acrobat Reader. Refer to .pdf file viewing help for more information.

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Ethical Rules and Related Opinions:

Click here to access a chronological index of the current Ethical Rules and their related opinions.

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Summaries of Recent Opinions

09-04: Confidentiality; Maintaining Client Files; Electronic Storage; Internet Lawyers providing an online file storage and retrieval system for client access of documents must take reasonable precautions to protect the security and confidentiality of client documents and information.  Lawyers should be aware of limitations in their competence regarding online security measures and take appropriate actions to ensure that a competent review of the proposed security measures is conducted.  As technology advances over time, a periodic review of the reasonability of security precautions may be necessary.

09-03: Trust Accounts; Safekeeping Property An Arizona-licensed lawyer who maintains an office in Arizona but whose law firm also has an office in another jurisdiction may keep trust funds in a trust account held outside of Arizona provided that the client (or third person, where relevant) consents and the account is held at an approved financial institution. If the account is a pooled trust account on which interest and dividends are not paid to clients, the interest and dividends on the funds from the Arizona-licensed lawyer must be paid to the Arizona Foundation for Legal Services and Education.

09-02: Termination of Representation; Withdrawal; Fees; Confidentiality Lawyer-client relationships sometimes end earlier than the lawyer and client anticipated at the start of the representation. A lawyer's withdrawal from representation is not always agreed upon by the client and may also be under touchy circumstances, such as dishonesty of the client or non-payment of fees owed to the lawyer. Further, a client may fire a lawyer at any time, for good or bad reasons. A lawyer faced with such situations must uphold the lawyer's ethical responsibilities to the client despite that the representation is at, near, or has reached an end. Client confidentiality must be protected unless the ethical rules specifically allow disclosure, and any disclosures must be made as narrowly as possible. If, in a court setting, the tribunal does not allow the withdrawal, the lawyer can seek relief from a higher court, but must protect the client's interests and competently represent the client until and unless an order for withdrawal is granted. A withdrawing lawyer must advise the client and new counsel of pending court dates, status of the case, and anything else necessary and appropriate for the smooth transfer of the representation. Any fees charged to the client for withdrawal-related work must be reasonable. Of course, the client is entitled to the client file regardless of the circumstances for the withdrawal.