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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If a lawyer receives a confidential letter that the opposing party's own client mailed without their lawyer's knowledge, must the lawyer notify the opposing counsel?
The opinion concluded the receiving lawyer has no ethical obligation to notify the opponent when the opposing party's own client intentionally sent the confidential material, especially over the…
Can a lawyer serve as a party-chosen arbitrator in one uninsured-motorist case while advocating for clients in similar arbitrations against the same insurer?
The opinion concluded that, absent facts showing a conflict relating to the specific matter that would prevent the lawyer from acting fairly and in good faith, the lawyer is not ethically barred…
Can a lawyer sign a form stating that he explained a release agreement to the client, and how far can such an attestation go?
The opinion concluded a lawyer may sign a limited form attesting that he carefully explained a release and that the client believes he understands it, but may not warrant the client's state of mind…
On an hourly fee, can a lawyer bill more than one client for the same block of time, such as travel time, a shared court appearance, or recycled work product?
The opinion concluded it is not appropriate to bill more than one client for the same hours under an hourly fee arrangement; the lawyer may bill only for actual time spent, and efficiencies must…
When a lawyer's client files are subpoenaed and the client has refused or cannot give consent, how much must, or may, the lawyer disclose?
The opinion concluded a lawyer may disclose non-privileged material in response to a valid subpoena without the client's consent, but must redact or withhold confidential and privileged matter,…
Does a lawyer representing the seller of property have to tell the buyer that a deed of trust on the property contains a due-on-sale clause?
The opinion concluded that a seller's attorney has no ethical duty to advise the buyer of a due-on-sale clause unless the attorney has expressly or impliedly represented that the property is not…
Can a law firm bill its client for a contract or temporary attorney's work at a rate higher than what the firm pays the contract attorney?
The opinion concluded a law firm may charge clients for contract legal services at a rate above the firm's actual cost, adding overhead and profit, so long as the total charge to the client is…
Can a lawyer who is representing himself in his own case contact the represented opposing party directly without the other lawyer's consent?
The opinion concluded that a lawyer acting pro se may not communicate directly with a represented opposing party about the matter without opposing counsel's consent; Rule 4.2 applies despite the…
Can an Alaska lawyer refuse to return a client's file until the client pays the copying charges?
Not where it would prejudice the client. The opinion concluded the original file is the client's property, copying charges can be billed only if the fee agreement says so, and the client's interests…
What can an Alaska lawyer charge a client for costs and expenses beyond the fee, and what has to be disclosed?
A lawyer may bill actual out-of-pocket costs, reasonable in-house charges like photocopying, and certain overhead surcharges, but only after disclosing the client's liability and how each charge is…
Must an appointed criminal defense lawyer tell the court when the client comes into money that may end the client's eligibility for public counsel?
Yes. The opinion concluded that Rule 3.3 and Administrative Rule 12(f) each independently require appointed counsel to inform the court of a change in the client's financial status affecting…
When a former government employee enters private practice, when does Rule 1.11 bar them from working on a matter they touched in government service?
Rule 1.11(a) bars later private representation in a discrete transaction or matter with identifiable parties the lawyer participated in personally and substantially while in government, but not work…
Can a lawyer share courtesy copies of public pleadings with other lawyers, or talk shop about cases, without first getting client consent?
Yes, where the lawyer reasonably believes the disclosure will not harm the client. The opinion read Rule 1.6 to bar only disclosures that carry some risk of harm to the client's interest or reveal a…
When a lawyer represents a client under a guardianship for disability, must the lawyer advocate the client's own wishes even if the lawyer thinks they are against the client's interests?
Yes. The opinion concluded that a lawyer for a client under guardianship has an absolute duty to advocate the client's expressed desires, and owes the same fidelity and conflict-avoidance duties as…
Can a lawyer or firm market the same practice under two different firm names at the same time?
Yes. The opinion concluded that simultaneously using two different names to market one law practice is not inherently false or misleading and is not prohibited, so long as neither name is itself…
Can a lawyer suing a government agency present the client's settlement position directly to the agency's governing board without the agency lawyer's consent?
No. The opinion concluded that an attorney representing a party may not communicate about pending litigation directly with a government official or body having decision-making authority over that…
Can a lawyer disclose a client's identity on IRS Form 8300 when paid more than $10,000 in cash, or does confidentiality bar it?
The opinion concluded that disclosing the information required on Form 8300 under IRC 60501 does not violate the confidentiality rule, and that a lawyer offered more than $10,000 in cash must…
When does paying a witness for testimony cross the ethical line, and how is a paid fact witness different from a paid expert?
The opinion says a lay witness may receive a reasonable fee beyond expenses depending on the case and time demands; a contingent fee for an expert is improper. Witness compensation must be…
Can a lawyer prepare pleadings for a pro se litigant without entering an appearance, and what duties come with that limited help?
The opinion concluded a lawyer may limit the scope of representation, including preparing a pro se litigant's pleadings without entering an appearance, if the lawyer clearly notifies the client of…
Is it unethical for a lawyer, or another lawyer in the same firm, to begin a sexual relationship with a firm client during the representation?
The opinion concluded such a relationship begun during representation is unethical if it harms the client's case, risks the lawyer becoming a witness, arises in an emotionally charged matter, or is…
After a mass disaster, can a lawyer contact victims to offer representation, and what kinds of advertising or mailings are allowed?
The opinion concluded a lawyer may not solicit clients in person or by phone for pecuniary gain, but may advertise in the media and send direct mail labeled as advertising, subject to a bar on…
Can a lawyer take a subrogation case on a contingent fee from an insurer that is financially able to pay by the hour?
Yes. The opinion concluded a lawyer may accept a subrogation case on a contingent fee from a client who wants that arrangement even though able to pay hourly, provided the client is fully informed…
When a third party claims money a lawyer is holding for a client, when must the lawyer honor that claim instead of paying the client?
The opinion concluded a lawyer must honor a third-party claim only if it is a facially valid assignment or a statutory lien brought to the lawyer's attention; if the client tells the lawyer to…
When a lawyer solicits members of a certified class for individual representation, must the lawyer tell them they are already represented by class counsel?
Yes. The opinion concluded that a lawyer who contacts class members about individual representation during the opt-out period must disclose that they are members of a certified class represented by…
If a lawyer ends up representing two parties suing each other in the same case, can the lawyer fix it by withdrawing from just one of them?
No. The opinion concluded a lawyer may not represent parties, including estates, against each other in the same litigation regardless of motivation, that the conflict cannot be waived, and that…
Can one law firm keep representing both the parents and an injured child after the parents are sued as third-party defendants for the child's injuries?
The opinion concluded that because a conflict or potential conflict exists, the firm should move for appointment of independent counsel to evaluate the minor's interests, since a minor cannot…
In a probate matter, does the lawyer represent the estate or the personal representative, and can the lawyer take the PR's side in a dispute with the heirs?
The opinion concluded the lawyer represents the personal representative, not the estate, and is not barred from representing the PR in disputes with heirs, but may not represent the PR in such a…
Can a lawyer for the opposing party contact former employees of a represented corporation without the corporation's counsel consenting?
The opinion reaffirmed Opinion 88-3: a lawyer may contact former employees of a represented corporation, including former control-group members, without corporate counsel's consent, as long as the…
What should a lawyer do with money held in trust for a former client the lawyer can no longer locate?
The opinion concluded the lawyer may, after exhausting reasonable efforts to find the client, hold the funds in trust for the required period and then dispose of them as abandoned property under…
When an insurer that controls the defense tells the retained lawyer to make an offer of judgment, must the lawyer get the insured's consent first?
The opinion concluded the insured is the lawyer's client; the lawyer may assume tacit consent to an offer of judgment if the insured does not object after reasonable notice, but if the insured…
Can a lawyer for dissenting shareholders or directors discuss pending litigation with members of a corporation's board when the corporation is represented by counsel who has not consented?
The opinion concluded the communication violated DR 7-104(A)(1): the corporation was an opposing party, its directors who could bind it were 'parties,' and the lawyer could not meet with them…
If an insured objects to the lawyer the insurer hired to defend him, must the lawyer withdraw?
The opinion concluded the insurer's initial selection of counsel without the insured's preapproval was proper, but once the insured notified the attorney he objected to the representation the…
Which older Alaska ethics opinions did the bar withdraw or modify as outdated or superseded?
The opinion withdrew a group of earlier Alaska opinions, mainly advertising restrictions made obsolete by the activities lawyers may now use to advertise, and modified Opinion 69-4 to drop 'improper…
Can two lawyers in the same firm represent class-action plaintiffs and, in an unrelated case, a defendant being sued by one of those class members?
The opinion concluded both representations may continue only with the affected clients' informed consent under DR 5-105(C) (or court authorization for the class), plus confidentiality safeguards; a…
Can a lawyer secure a fee with a lien on the very property in dispute, or take a contingent fee as an assigned interest in that property?
The opinion concluded both are permissible under DR 5-103(A), which lets a lawyer acquire a lien to secure fees and contract for a reasonable contingent fee in a civil case, subject to the bar on…
Can a sitting judge write a letter to the newspaper supporting another judge's retention if the letter does not say the writer is a judge?
The opinion concluded such a letter would violate Canon 7(A) of the Code of Judicial Conduct, which bars a judge from publicly endorsing a candidate for public office, even though the letter would…
Can a lawyer tell a court reporter not to inform opposing counsel that the lawyer ordered a deposition or trial transcript?
The opinion concluded it is normally not unethical, because there is no general duty to disclose that a transcript was ordered, but it becomes a DR 1-102(A)(4) violation (dishonesty or deceit) if…
Can a lawyer for the opposing party interview former employees of a represented corporation without corporate counsel's permission?
The opinion concluded a lawyer may contact former employees of an adverse corporation, including former control-group members who dealt with the matter, without corporate counsel's consent, because…
Can a lawyer help close a property transfer that the client is structuring to avoid the lender's consent under a due-on-sale clause?
The opinion concluded the lawyer must advise the client of the consequences of breaching the deed of trust, but that helping close the transfer is not illegal, criminal, or fraudulent conduct under…
Is it unethical for a lawyer to have a sexual relationship with a client while representing that client?
The opinion concluded a sexual relationship with a current client is improper in a range of circumstances, including where the lawyer initiates it in a way that deprives the client of free choice,…
When a corporate conservator's interests conflict with those of the elderly ward, what must the lawyer hired to pursue the ward's claim do?
The opinion concluded the lawyer's principal duty is to protect the ward, so the lawyer may disclose the conservator's apparent conflict to the ward's personal lawyer without breaching any duty to…
When can a lawyer charge a non-refundable retainer, and what must the lawyer tell the client?
The opinion concluded a non-refundable fee retainer is acceptable only if its non-refundable nature is fully and clearly explained both orally and in the written fee agreement and the fee is not…
Must a public defender withdraw from a case in which the defender is likely to be called as a witness?
The opinion concluded the agency must withdraw from the cases in which its attorneys will or are likely to be called as witnesses, because the testimony would be potentially prejudicial to the…
What must a lawyer do when a third party claims part of the client's settlement funds and the client says pay only me?
The opinion concluded that when a dispute arises over a third party's rights to client funds, the lawyer must segregate the disputed amount until it is resolved, and if it cannot be resolved…
Can a lawyer report a client to a credit bureau to pressure the client into paying an unpaid fee?
The opinion concluded a lawyer may not refer a client's identity and delinquent-fee information to a credit bureau except with the client's knowing consent, because it may be an unauthorized…
Can a law firm that is owed fees serve on the creditors' committee in the bankruptcy of a former client?
The opinion concluded a firm should not serve on the creditors' committee in a former client's bankruptcy without the former client's informed consent, because committee service creates a fiduciary…
Can a law firm bill a client for both lawyers' time spent in an internal conference about the case?
The opinion concluded there is no per se rule against charging a client for both attorneys' time in intra-office conferences; the propriety depends on the facts, and where the client benefits from…
Must a lawyer who holds public office disclose client names under financial-disclosure laws, and is a client's identity privileged?
The opinion concluded a lawyer who holds or seeks public office may disclose client identities required by disclosure law without client consent, unless disclosure is likely to embarrass or harm the…
Does a lawyer who serves as a child's guardian ad litem owe the normal duty of confidentiality, or may the lawyer disclose what the child says in confidence to the court?
The opinion concluded that a lawyer serving as a child's guardian ad litem is not bound by the normal duty of confidentiality, but must act in the child's best interest and the purpose of the…
Can an Alaska lawyer let clients pay legal fees by credit card and charge interest on overdue accounts, and can charges be made automatically under a retainer agreement signed in advance?
The opinion concluded that clients may pay fees and costs by credit card and that interest may be charged on delinquent accounts, both with advance disclosure to the client, but a card could be…
Can a law firm continue as trial counsel when it must call a former associate of the firm as a witness for the client?
The opinion concluded that the firm may continue as trial counsel even though it will call a former associate as a witness; the advocate-witness bar of DR 5-101(B) disqualifies a lawyer who will…
May a lawyer make ex parte contact with an expert witness or consultant retained by opposing counsel?
The opinion vacated Ethics Opinion 84-8 and concluded that ex parte contacts should not be made with expert witnesses retained by opposing counsel; discovery from experts to whom Alaska Civil Rule…
Do the political-activity restrictions of Canon 7 of the Code of Judicial Conduct apply to a lawyer who is a candidate for judicial appointment under a merit-selection plan?
The opinion adopted ABA Informal Opinion 85-1513 and concluded that the political-activity restrictions of Canon 7, Section A apply to a candidate for judicial office by gubernatorial appointment…
May a lawyer interview a government agency's non-managerial employee about the subject of pending litigation without the consent of the government's attorney?
The opinion concluded that plaintiff's counsel may interview a non-party government employee, here a teleconference manager who was not someone reasonably thought to represent the agency in the…
Can a lawyer obtain a client's signed consent to withdraw at the start of the representation and later file it with the court to withdraw?
The opinion concluded that a lawyer may not file a previously executed consent with the court as a current express written consent to withdraw under Alaska Civil Rule 81(d)(1)(iii), and may not do…
Can a lawyer give the opposing party copies of draft documents from a former client's file, and how long must a lawyer keep closed client files?
The opinion concluded that a lawyer may not give an opposing party draft documents prepared in the course of representing a client or former client without that person's express consent after full…
May a lawyer draft a surrogate-mother contract, and can the same lawyer represent both the surrogate and the intended parent?
The opinion concluded that, assuming the contract is not illegal, no ethical rule prohibits a lawyer from drafting a surrogate-mother contract, even one a court might later find voidable or…
May a prosecutor tell witnesses to insist that someone from the district attorney's office be present before they talk to defense counsel?
The opinion concluded it is improper for a prosecutor to instruct a prospective witness to insist on the prosecutor's presence at a defense interview, or to otherwise interfere in any form with the…
Can a lawyer who represented a partnership later represent one partner against another partner in a partnership dispute?
The opinion concluded this ordinarily cannot be done: a lawyer who represents a partnership represents each partner's partnership interest, and may not later represent one partner against another…
May a defense lawyer advise a client under DWI arrest to refuse to take a breathalyzer test?
The opinion concluded that simply directing a client to refuse a breathalyzer is improper, because refusal is itself a class A misdemeanor under AS 28.35.032(f); the lawyer may, however, present…
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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.