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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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 its…
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 to …
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 confide…
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 actually …
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 then…
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…
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 who …
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 r…
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 adversely …
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 client…
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 otherwise…
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 cons…
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 server…
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 sec…
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 clien…
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 benef…
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 co…
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 c…
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 in…
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 explain …
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 the…
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 cl…
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 Alask…
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 instruc…
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 attorney…
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 charge…
Can a lawyer charge interest on the unpaid portion of a client's legal bill?
The opinion concluded that no provision of the Code of Professional Responsibility prohibits an attorney from charging interest on unpaid billings, noting a liberalizing trend in ABA opinions; if the …
Must a lawyer explain all the available fee arrangements to a client even if the lawyer would only take the case on one type?
The opinion concluded that an attorney has an ethical obligation to advise a client fully and fairly about all the various fee arrangements available for a particular matter, even though the lawyer wo…
Can a lawyer insist on a contingent fee in a personal-injury case when the client could afford to pay an hourly rate?
The opinion concluded that, while a lawyer generally should decline a contingent fee from a client able to pay a reasonable fixed fee, it is not necessarily improper to propose one; the lawyer must ex…
Can a supervised legal assistant investigate and negotiate insurance claim settlements without engaging in the unauthorized practice of law?
The opinion concluded that a legal assistant who investigates claims and negotiates settlements with insurers is not engaged in the unauthorized practice of law, provided the assistant's nonlawyer sta…
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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.