§ 10.7.1 INVESTIGATING THIRD-PARTY INTERESTS
| Jurisdiction | Arizona |
§ 10.7.1 Investigating Third-Party Interests
The principal rule implicated in connection with third-party interests is Rule 42, Ariz. R. Sup. Ct., E.R. 1.15. E.R. 1.15(d) requires an attorney to protect rights of a third party "known to claim an interest" in funds within the attorney's control.10 See Rule 42, Ariz. R. Sup. Ct., E.R. 1.15 (Cmt. 1) (2014 Amendment) (emphasis added).
Giving meaning to this standard, however, turns out to be challenging. For example, while the term "knowledge" refers to "actual knowledge," such knowledge may be "inferred from the circumstances." See Arizona Ethics Op. No. 11-03 (December 2011).11 That is, "an attorney can gain 'actual knowledge' from circumstantial evidence, and her knowledge of the...
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