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 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 government's…
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 ma…
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 deal…
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 representati…
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 lawye…
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 liti…
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 for…
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 without …
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 fo…
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 matter…
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…
Can a lawyer suing a government entity interview that entity's employees about the case without the government lawyer's consent?
The opinion concluded that a lawyer may ethically communicate with employees of a government entity about a matter in controversy, so long as the lawyer does not contact employees who may reasonably b…
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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.