Rules of Professional Conduct Related Ethical Opinions

3.1  Meritorious Claims and Contentions


96-01: Mediation; Divorce

This opinion addresses three issues with respect to attorneys who function as mediators for non-client parties as follows:  (1) ER 2.2 does not apply to the attorney-mediator who acts exclusively as a neutral for non-clients during the mediation process; (2) ER 2.2 does not apply to the attorney-mediator who drafts a non-binding memorandum of understanding if full disclosure is made to the participants; and (3) the Ethics Committee could not reach a consensus as to whether or not attorney-mediators may prepare pleadings for the mediation participants. [ERs 1.2, 1.7, 1.8, 2.2, 3.1, 3.3, 8.4]

91-03: Scope of Representation; Candor Toward Tribunal; Fairness to Opposing Party or Counsel

Guidelines for attorney who prepares pleadings, gives legal advice and provides other legal services for client who appears in court in propria persona.

90-02: Dealing with Unrepresented Person; Respect for Rights of Third Persons

Propriety of surreptitiously recording interviews of potential witness in a criminal case.

89-06: Reporting Misconduct

General comments on the extent of a lawyer's obligation to report another attorney's misconduct in light of In re Himmel (Ill. 1988).

86-12: Fees; Scope of Representation; Meritorious Claims

Pursuant to A.R.S. § 25-315, a lawyer may obtain a lien on a community funds as security for fees and costs, unless and until an Arizona Appellate Court rules otherwise.

86-02: Scope of Representation; Diligence; Termination

Attorney appointed by juvenile court encountering problems in his attempted representation of client due to minor's parents intervention and minor's lack of cooperation.