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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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 protec…
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, an…
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 reasonab…
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 conduct…
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 instruction…
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 the…
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.
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, which …
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 eligibili…
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 so …
Is a settlement agreement between a plaintiff and one of two co-defendants that realigns the parties' interests ethical, and must it be disclosed?
The opinion concluded that such an agreement is not maintenance or champerty and is not unethical, so long as it is disclosed to the court and all parties when the agreement is made. Because the agree…
Can a lawyer contact an opposing party's client directly to determine whether opposing counsel is even authorized to bring the suit?
The opinion concluded that a lawyer may not, without opposing counsel's knowledge, communicate with the opposing party's client to determine whether counsel is properly representing the client. The no…
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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. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.