Publication
Rule 4.2 Amended to Allow for Direct Government Communications
By Mitchell J. Klein and Sukhmani Singh
Effective as of January 1, 2025, Arizona has made a major change to its ethical rules that could open new doors for businesses, developers, and advocacy groups dealing with government agencies. The Arizona Supreme Court’s amendment to Ethical Rule 4.2 now allows attorneys to communicate directly with high-level government officials on behalf of their clients, even if the matter is in litigation, without needing prior approval from the agency’s legal counsel.1
This new rule may help cut through red tape and provide a direct line to the decision-makers at the agency. Whether you are negotiating regulatory approvals, dealing with enforcement actions, or pushing for policy changes, this change could give you a strategic advantage. However, it does not apply to routine litigation matters, such as discovery disputes or procedural requests, which remain off-limits for direct contact. Attorneys must reasonably believe the communication is part of their client’s First Amendment right to petition the government.
This rule change could be a valuable tool. It may offer a clearer path to presenting the issues in your case directly to policymakers and avoiding unnecessary procedural hurdles. But, like all legal tools, it must be used strategically and correctly. If you think this change could benefit your situation or if you want to explore how to use it to your advantage, consider consulting legal counsel.
Footnotes
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See In re Rule 42 (ER 4.2), Rules of the Supreme Court, No. R-23-0056 (Ariz. Dec. 3, 2024), available at https://tinyurl.com/ymafe428.
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