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…
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…
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…
Can a lawyer advertise the dollar amounts recovered for clients using client testimonials?
Yes, but only with the client's informed consent. Recovery amounts are confidential client information under Alaska Rule 1.6, even when a judgment is public record, so the lawyer must obtain the clien…
If a lawyer receives an opposing party's confidential information from someone authorized to disclose it, must the lawyer notify opposing counsel?
The opinion concludes that a lawyer who receives confidential information through an intentional, authorized disclosure is not required to notify the opposing party's lawyer, because Rule 4.4(b) appli…
What must a lawyer do after receiving a document or ESI from the opposing side that was sent by mistake?
The opinion concludes that a lawyer who receives confidential information that was inadvertently sent must promptly notify the opposing party's lawyer, and should then either follow the sender's instr…
Can a lawyer pay a third party for confidential documents or evidence that the third party is contractually barred from sharing?
The opinion concludes that a lawyer may not solicit or accept evidence if the lawyer knows or should know that doing so violates a third person's legal rights, such as a confidentiality agreement, and…
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 store client files in the cloud, and what safeguards are required?
Yes. The opinion concludes a lawyer may use cloud storage so long as the lawyer takes reasonable steps to keep client information confidential and secure; the duties of confidentiality and competence …
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…
Can insurance defense counsel send detailed bills through a third-party computer screening service without the insured's consent?
No. The opinion concludes that, because the bills can contain client confidences, a lawyer may not send them to an outside computer-screening contractor that is not the insurer without the insured cli…
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 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.
Can a lawyer report a client or former client to a credit bureau to collect an unpaid legal fee?
The opinion concluded that an Alaska attorney may not refer information about a present or former client to a credit bureau without the client's knowing consent, reaffirming Ethics Opinion 86-3.
After a lawyer settles a creditor's claim under a confidentiality agreement, can the lawyer later represent a different creditor against the same debtor?
The opinion concluded a lawyer is not precluded from representing a later creditor against the same debtor, so long as the lawyer abides by Rule 1.6 confidentiality, and that using a settlement to bar…
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…
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…
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 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…
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 …
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 do so using confidential informa…
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 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 'C…
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…
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 disclosur…
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 du…
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 c…
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 appointm…
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…
Must a law firm be disqualified because it hired an associate who had worked substantially on the same case at the opposing party's firm?
On the facts, the opinion concluded the defendant's three-lawyer firm should be disqualified, because the lateral associate had participated substantially in pretrial motion and discovery for the plai…
Can a legal-services organization's board review client eligibility, and can a board member's firm represent parties adverse to the organization's clients?
The opinion concluded the ALSC Board of Directors may review client eligibility determinations so long as no information protected by the attorney-client privilege is disclosed (eligibility data is ge…
Can a lawyer or the lawyer's investigator take documents from the trash discarded by opposing counsel's office?
The opinion concluded that it is improper for an attorney or the attorney's agent to remove discarded trash containing documents (such as pleadings and correspondence) from the receptacle used by oppo…
Must a law firm withdraw when it hires the attorney who filed the case for the opposing party?
The opinion concluded the defendant's firm must withdraw. The attorney who had initiated the plaintiff's divorce and custody action at a legal-aid office then joined the defendant's two-partner firm, …
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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.