Alaska Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Alaska Bar Association, with full citations and source links on every page.
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When does an excessive caseload become a conflict of interest that limits a lawyer's ability to competently represent existing clients?
The opinion concludes that an excessive caseload can create a concurrent conflict of interest, a 'capacity conflict,' when a lawyer's workload is so great that competently and diligently…
What can a lawyer tell the court when moving to withdraw from a case without revealing the client's confidences?
The opinion concludes that a lawyer's withdrawal motion should ordinarily state only that professional considerations or irreconcilable differences require termination, and that the lawyer must…
What must an Alaska lawyer do to protect a client trust account from fake-check and wire-fraud scams before disbursing funds?
The opinion concludes that the duties of competence, diligence, and safekeeping require a lawyer to recognize the red flags of trust-account scams and to take all reasonable steps to confirm that…
Can an Alaska lawyer use generative AI tools like ChatGPT in a law practice, and what ethics rules apply?
Yes. The opinion concludes that Alaska lawyers may use generative AI, but only if they understand the tool's limits, verify its output, protect client confidences and secrets, keep fees reasonable,…
Can an Alaska lawyer accept a client's pre-authorization to charge a credit card for fees as part of the engagement agreement?
The opinion withdraws the part of Ethics Opinion 85-5 that prohibited pre-authorizing credit card payments, so a lawyer may obtain a client's advance authorization to charge a credit card; the rest…
How long must an Alaska criminal-defense lawyer retain a former client's file, and may the lawyer use electronic storage?
The rules set no fixed retention period. The opinion concludes criminal files must be kept for a period tied to their likely future use, sometimes indefinitely, and permits secure, complete,…
What must a lawyer do if a client plans to lie or give false evidence in a court proceeding, and can the lawyer tell the court?
The opinion concludes that a participating lawyer must try to dissuade the client, must refuse to offer evidence the lawyer knows is false, and, if the client gives false testimony, must take…
What must an Alaska lawyer do after observing that another lawyer may be impaired, and when do firm duties or mandatory reporting apply?
Impairment alone is not a rules violation. The opinion directs lawyers to focus on objective conduct; Rule 5.1 may require firm action, and Rule 8.3 requires reporting known violations that raise a…
Can one lawyer represent two criminal co-defendants charged in the same case in Alaska?
The opinion concludes that joint representation of criminal co-defendants is a classic concurrent conflict that should ordinarily be declined; it is permitted only in rare cases where the lawyer…
Can a lawyer advertise the dollar amounts recovered for clients using client testimonials?
Yes, but only with the client's informed consent. Recovery amounts are confidential client information under Alaska Rule 1.6, even when a judgment is public record, so the lawyer must obtain the…
Can a lawyer represent a non-party deposition witness mid-deposition while already representing a party in the same matter?
The opinion does not flatly prohibit it, but warns the arrangement raises serious conflict, scope, confidentiality, and fee issues. The lawyer must identify any conflict, disclose it, and obtain…
If a lawyer receives an opposing party's confidential information from someone authorized to disclose it, must the lawyer notify opposing counsel?
The opinion concludes that a lawyer who receives confidential information through an intentional, authorized disclosure is not required to notify the opposing party's lawyer, because Rule 4.4(b)…
What must a lawyer do after receiving a document or ESI from the opposing side that was sent by mistake?
The opinion concludes that a lawyer who receives confidential information that was inadvertently sent must promptly notify the opposing party's lawyer, and should then either follow the sender's…
Can a lawyer pay a third party for confidential documents or evidence that the third party is contractually barred from sharing?
The opinion concludes that a lawyer may not solicit or accept evidence if the lawyer knows or should know that doing so violates a third person's legal rights, such as a confidentiality agreement,…
Can a lawyer send a contractual notice (like a notice of default) directly to a represented opposing party?
Yes. The opinion concludes a lawyer may send a notice contemplated by the parties' contract directly to a represented party without violating Rule 4.2, so long as the notice is strictly limited to…
Can a lawyer cc or bcc their own client on emails to opposing counsel, and can opposing counsel reply-all to the client?
Copying a client on email to opposing counsel risks waiving confidences, and a lawyer who receives email with the opposing party cc'd must ask before replying-all. The opinion's better practice is…
Can a lawyer suing the government contact a represented government official directly to discuss settlement or policy?
Yes, within limits. The opinion permits a lawyer to contact a represented government decision-maker about policy related to the litigation, including settlement, but only after giving the…
Can an employer's lawyer make a lump-sum workers' comp settlement offer that includes the employee's attorney fees?
Generally yes. The opinion concludes such offers are ethically permissible, though they create a conflict between the employee's lawyer and client; the lawyer may continue under Rule 1.7(b) with the…
Can a lawyer use a web bug or email tracking device to monitor documents sent to opposing counsel?
No. The opinion concludes that using a web bug or tracking device to monitor how opposing counsel handles documents violates Rule 8.4 and impermissibly infringes on the duty to preserve client…
Does a lawyer have to hold onto documents or property a client leaves with them unsolicited?
Generally no. The opinion concludes a lawyer has no duty under Rule 1.15 to hold property a client delivers unsolicited and unconnected to the representation unless the lawyer consents to hold it,…
Can a lawyer post bail for a client who is in custody?
Rarely, and the opinion discourages it. A lawyer may post bail only where the amount is small enough not to materially limit the representation, and only after obtaining the client's written…
Can a plaintiff's lawyer personally agree to indemnify the defendant against third-party liens on the settlement?
No. The opinion concludes a lawyer may not personally agree to satisfy third-party claims to settlement funds, because it creates a conflict under Rule 1.7 and amounts to financial assistance barred…
Can a lawyer store client files in the cloud, and what safeguards are required?
Yes. The opinion concludes a lawyer may use cloud storage so long as the lawyer takes reasonable steps to keep client information confidential and secure; the duties of confidentiality and…
Does a criminal defense lawyer have to tell the court when a third-party custodian reports the client is violating bail conditions?
No. The opinion reaffirms that the lawyer has no obligation to volunteer the custodian's report to the court, because Rule 3.3 protects the integrity of courtroom proceedings, not out-of-court…
Can a lawyer charge clients a surcharge to cover credit card processing fees?
Yes, if it is reasonable and the client consents after full disclosure. The opinion concludes a lawyer may pass on the actual credit card processing fee as a client expense, but only what is…
Can a lawyer for a closely held company also represent the majority owners against a minority owner?
It depends on the facts. The opinion concludes representing the organization does not by itself mean representing its owners, but a conflict arises if the lawyer's prior dealings made an owner…
Does a lawyer have to deposit a flat or fixed fee in the client trust account until it is earned?
Generally yes. The opinion concludes flat or fixed fees must go into the client trust account until earned, unless the lawyer and client agree in writing, after consultation, that the funds become…
Can a lawyer record a statutory attorney's lien against a client's real property to secure unpaid fees?
No. The opinion concludes that recording an attorney's lien for fees under AS 34.35.430 violates Alaska Rules 1.5, 1.8, and 1.16; the proper route is to reduce the fee claim to judgment, which gives…
What must a lawyer do in a criminal appeal when the client has directed an appeal but cannot be contacted?
The lawyer must make a reasonable inquiry to locate and contact the client and, where the client previously directed an appeal, must file the notice of appeal and points on appeal; the lawyer may…
Is a collaborative law four-way disqualification agreement, which requires lawyers to withdraw if negotiations fail, ethically permissible?
Yes. The opinion concludes the four-way disqualification agreement does not per se violate the Alaska rules, because Rule 1.2(c) permits limiting the scope of representation; the client must give…
Which employees of an opposing organization can a lawyer contact directly under Rule 4.2 during litigation?
Only employees with managerial authority to speak for and legally bind the organization are off-limits under Rule 4.2. The opinion adopts the narrow managing-speaking-agent test, so other employees…
Does a lawyer have to give a former client the original file, or can the lawyer keep the original and give a copy?
The original. The opinion concludes the file belongs to the client, so the lawyer must provide the original file (not a copy) to the client or new counsel on request; the lawyer may keep a copy at…
Can a lawyer not admitted in Alaska open an Alaska office limited to federal immigration practice?
Yes. The opinion concludes Rule 5.5(d)(2) lets a lawyer admitted elsewhere maintain an Alaska office for federal immigration work, but only if the lawyer makes clear they are not an Alaska lawyer…
Can a lawyer advertise a Super Lawyers or Best Lawyers ranking?
Yes, with context. The opinion concludes a lawyer may reference a commercial ranking like Super Lawyers or Best Lawyers in advertising if it states the publication name, the date, and the practice…
Can a lawyer call a fee or retainer "nonrefundable"?
No. The opinion concludes it is misleading to describe any fee or retainer as nonrefundable, because every fee must be reasonable under Rule 1.5 and any unearned advance must be refunded under Rule…
Does a subrogated insurer become a client of the lawyer who represents the insured plaintiff?
No. The opinion concludes that pursuing an insurer's subrogated claim on the insured's behalf does not, standing alone, make the insurer a client of the insured's lawyer; the insurer's financial…
Can a lawyer keep required business records electronically instead of on paper?
Yes. The opinion concludes lawyers may keep electronic copies of the business records required under Rules 1.4, 1.15, and 7.2, but may not destroy or alter original client documents entrusted for…
Can a former judge running for office reference their prior judicial service in campaign materials?
Yes, in a limited way. The opinion concludes a lawyer who is a former judge may use campaign materials that describe them only as a 'former' judicial officer and identify the specific position, the…
Can insurance defense counsel send detailed bills through a third-party computer screening service without the insured's consent?
No. The opinion concludes that, because the bills can contain client confidences, a lawyer may not send them to an outside computer-screening contractor that is not the insurer without the insured…
Must a criminal defense lawyer follow a client's instruction not to raise a mental-health defense the lawyer thinks is best?
No, but the lawyer must consult the client. The opinion concludes that under Rule 1.2(a) raising mental health is a tactical decision the lawyer controls, so the lawyer need not follow the…
Can a lawyer acting for themselves contact a company's management directly when the company regularly uses counsel?
Yes, usually. The opinion concludes a lawyer acting on their own behalf on a non-litigation matter may contact a represented organization's management directly, unless the lawyer has been told to…
What are a lawyer's ethical duties to clients when leaving one firm for another?
The departing lawyer and the former firm must protect clients' interests, give timely notice to clients on the lawyer's active matters, and safeguard client files and property. The client chooses…
If a criminal client tells the lawyer he will commit suicide rather than go to jail if convicted, may the lawyer disclose that threat to the court or others?
Yes, but only as a matter of discretion. The opinion concludes that under Alaska RPC 1.14(b) the lawyer may disclose a client's stated intent to commit suicide to appropriate authorities, but is not…
If the statute of limitations is about to expire and the lawyer cannot reach the client to confirm authority, may the lawyer file the lawsuit anyway?
The opinion concludes the lawyer may file the complaint if she reasonably believes the client authorized the suit and is relying on her to file, or that failing to file would materially and…
Can a contingent-fee lawyer agree to pay the attorney-fee award entered against the client if an appeal of a defense verdict fails?
Yes. The opinion concludes that an adverse attorney-fee award is an 'expense of litigation' under Alaska RPC 1.8(e), so the lawyer may agree to pay it with repayment contingent on the outcome of the…
Can an Alaska lawyer withhold an expert or investigator's report from the client because the client has not paid for it?
Not if withholding would prejudice the client. The opinion treats an expert or investigator's report as part of the client's file, so the lawyer's interest in getting paid is subordinate to the…
When a client discharges a lawyer and asks for the file, must the lawyer hand over everything in it, including the lawyer's notes and internal memos?
The opinion concludes the lawyer must presumptively give the former client access to the entire file unless substantial grounds exist to refuse, with narrow exceptions for third-party nondisclosure…
If the personal representative of an estate is committing fraud, must the lawyer tell the court or the beneficiaries, and may the lawyer keep representing the personal representative?
The opinion concludes the lawyer may, but is not required to, disclose the personal representative's fraudulent or criminal conduct under Alaska RPC 1.6(b)(1); the lawyer may not assist or conceal…
Does an Alaska lawyer act unethically by recording a conversation without telling the other party or getting consent?
The opinion concludes that undisclosed recording of a conversation by a lawyer is not per se unethical if not prohibited by law, though it may be unethical if done or used in a way the rules…
If a third-party custodian tells a criminal defense lawyer that the client is violating release conditions, must the lawyer report it to the court?
The opinion concluded that the Alaska Rules of Professional Conduct did not require the attorney to report the custodian's information to the court, given the duty of loyalty to the client.
Can a lawyer report a client or former client to a credit bureau to collect an unpaid legal fee?
The opinion concluded that an Alaska attorney may not refer information about a present or former client to a credit bureau without the client's knowing consent, reaffirming Ethics Opinion 86-3.
After a lawyer settles a creditor's claim under a confidentiality agreement, can the lawyer later represent a different creditor against the same debtor?
The opinion concluded a lawyer is not precluded from representing a later creditor against the same debtor, so long as the lawyer abides by Rule 1.6 confidentiality, and that using a settlement to…
Can a lawyer who represents a tribal entity also represent someone with a tort claim against that entity when the United States, not the entity, would pay any damages?
The opinion found a Rule 1.7 conflict in representing both a tribal entity and a tort claimant against it, even when the United States bears liability. Whether the clients can consent depends on the…
Can an insurance company use its own salaried in-house lawyers to defend its insureds in litigation?
The opinion concluded that an insurer's salaried staff counsel may defend an insured only if there is full disclosure of the lawyer's relationship to the insurer, the client consents after…
Can a city attorney advise a quasi-judicial municipal board in a hearing where the city itself is a party, while another city attorney argues the city's side?
The opinion concluded a municipal attorney may serve as the board's neutral adviser only in accordance with Rule 1.7; because the role is likely materially limited by loyalty to the municipality,…
When an insurer asks defense counsel to send the insured's detailed legal bills to an outside billing auditor, may the lawyer comply without the insured's consent?
The opinion concluded that defense counsel may not provide confidences and secrets contained in billing records to an outside auditor hired by the insurer without the insured's specific, informed consent.
If a creditor serves a writ of execution on a lawyer for client funds held in the lawyer's trust account, may the lawyer turn the funds over?
The opinion concluded that nothing in the Alaska Rules prevents a lawyer from honoring a valid writ of execution against client trust-account funds; the lawyer must pay the funds to the process…
Can a lawyer use email to communicate confidential matters with a client, and does sending unencrypted email risk waiving the privilege?
The opinion concluded a lawyer may ethically use email to communicate with a client on any topic; client consent to unencrypted email is not required, but clients should be advised it is not fully…
Can a plaintiff's lawyer contact the defendant's liability insurer or its claims representative directly when the defendant is represented by counsel?
The opinion concluded that, unless the plaintiff's lawyer has actual knowledge the insurer is itself represented by counsel in the matter, contacting the defendant's insurer or its claims…
Can a lawyer threaten or raise the possibility of criminal charges against the opposing party to gain an advantage in a civil case?
The opinion concluded a lawyer may use the possibility of criminal charges to gain relief in a civil matter if the criminal matter is related to the civil claim, the lawyer reasonably believes both…
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Legal ethics opinions from the Alaska Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Alaska Bar Rule 15(a) names ethics opinions adopted by the Board of Governors, alongside the Alaska Rules of Professional Conduct, among the standards of conduct for Alaska lawyers. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.