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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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, retrievab…
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, tho…
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 the…
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 safe…
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 …
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…
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 du…
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 …
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 a…
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 dis…
Can an attorney hold a client's papers under the attorney's lien statute when the client needs them in pending litigation, and is the rule against secret recording still valid?
The opinion concluded that Ethics Opinion 78-1's rule against recording any conversation without the consent of all parties remains in full force, but that Ethics Opinion 77-2 (allowing an attorney to…
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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.