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.
No Alaska Bar Association opinions match these filters
Try a different search term or clear the filters.
When does an excessive caseload become a conflict of interest that limits a lawyer's ability to competently represent existing clients?
The opinion concludes that an excessive caseload can create a concurrent conflict of interest, a 'capacity conflict,' when a lawyer's workload is so great that competently and diligently representing …
Can one lawyer represent two criminal co-defendants charged in the same case in Alaska?
The opinion concludes that joint representation of criminal co-defendants is a classic concurrent conflict that should ordinarily be declined; it is permitted only in rare cases where the lawyer reaso…
Can a lawyer represent a non-party deposition witness mid-deposition while already representing a party in the same matter?
The opinion does not flatly prohibit it, but warns the arrangement raises serious conflict, scope, confidentiality, and fee issues. The lawyer must identify any conflict, disclose it, and obtain infor…
Can an employer's lawyer make a lump-sum workers' comp settlement offer that includes the employee's attorney fees?
Generally yes. The opinion concludes such offers are ethically permissible, though they create a conflict between the employee's lawyer and client; the lawyer may continue under Rule 1.7(b) with the c…
Can a lawyer post bail for a client who is in custody?
Rarely, and the opinion discourages it. A lawyer may post bail only where the amount is small enough not to materially limit the representation, and only after obtaining the client's written informed …
Can a plaintiff's lawyer personally agree to indemnify the defendant against third-party liens on the settlement?
No. The opinion concludes a lawyer may not personally agree to satisfy third-party claims to settlement funds, because it creates a conflict under Rule 1.7 and amounts to financial assistance barred b…
Can a lawyer for a closely held company also represent the majority owners against a minority owner?
It depends on the facts. The opinion concludes representing the organization does not by itself mean representing its owners, but a conflict arises if the lawyer's prior dealings made an owner reasona…
Is a collaborative law four-way disqualification agreement, which requires lawyers to withdraw if negotiations fail, ethically permissible?
Yes. The opinion concludes the four-way disqualification agreement does not per se violate the Alaska rules, because Rule 1.2(c) permits limiting the scope of representation; the client must give sepa…
Does a subrogated insurer become a client of the lawyer who represents the insured plaintiff?
No. The opinion concludes that pursuing an insurer's subrogated claim on the insured's behalf does not, standing alone, make the insurer a client of the insured's lawyer; the insurer's financial inter…
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.
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…
Can a lawyer who represents a tribal entity also represent someone with a tort claim against that entity when the United States, not the entity, would pay any damages?
No. The opinion concluded that representing both a tribal entity and a tort claimant against it under a federal self-determination contract is a conflict of interest under Rule 1.7, even though the en…
Can an insurance company use its own salaried in-house lawyers to defend its insureds in litigation?
The opinion concluded that an insurer's salaried staff counsel may defend an insured only if there is full disclosure of the lawyer's relationship to the insurer, the client consents after consultatio…
Can a city attorney advise a quasi-judicial municipal board in a hearing where the city itself is a party, while another city attorney argues the city's side?
The opinion concluded a municipal attorney may serve as the board's neutral adviser only in accordance with Rule 1.7; because the role is likely materially limited by loyalty to the municipality, the …
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 serve as a party-chosen arbitrator in one uninsured-motorist case while advocating for clients in similar arbitrations against the same insurer?
The opinion concluded that, absent facts showing a conflict relating to the specific matter that would prevent the lawyer from acting fairly and in good faith, the lawyer is not ethically barred from …
Can a lawyer sign a form stating that he explained a release agreement to the client, and how far can such an attestation go?
The opinion concluded a lawyer may sign a limited form attesting that he carefully explained a release and that the client believes he understands it, but may not warrant the client's state of mind or…
Does a lawyer representing the seller of property have to tell the buyer that a deed of trust on the property contains a due-on-sale clause?
The opinion concluded that a seller's attorney has no ethical duty to advise the buyer of a due-on-sale clause unless the attorney has expressly or impliedly represented that the property is not subje…
When a former government employee enters private practice, when does Rule 1.11 bar them from working on a matter they touched in government service?
Rule 1.11(a) bars later private representation in a discrete transaction or matter with identifiable parties the lawyer participated in personally and substantially while in government, but not work o…
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…
Is it unethical for a lawyer, or another lawyer in the same firm, to begin a sexual relationship with a firm client during the representation?
The opinion concluded such a relationship begun during representation is unethical if it harms the client's case, risks the lawyer becoming a witness, arises in an emotionally charged matter, or is co…
If a lawyer ends up representing two parties suing each other in the same case, can the lawyer fix it by withdrawing from just one of them?
No. The opinion concluded a lawyer may not represent parties, including estates, against each other in the same litigation regardless of motivation, that the conflict cannot be waived, and that withdr…
Can one law firm keep representing both the parents and an injured child after the parents are sued as third-party defendants for the child's injuries?
The opinion concluded that because a conflict or potential conflict exists, the firm should move for appointment of independent counsel to evaluate the minor's interests, since a minor cannot consent …
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…
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…
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 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 secure a fee with a lien on the very property in dispute, or take a contingent fee as an assigned interest in that property?
The opinion concluded both are permissible under DR 5-103(A), which lets a lawyer acquire a lien to secure fees and contract for a reasonable contingent fee in a civil case, subject to the bar on adva…
Is it unethical for a lawyer to have a sexual relationship with a client while representing that client?
The opinion concluded a sexual relationship with a current client is improper in a range of circumstances, including where the lawyer initiates it in a way that deprives the client of free choice, tra…
When a corporate conservator's interests conflict with those of the elderly ward, what must the lawyer hired to pursue the ward's claim do?
The opinion concluded the lawyer's principal duty is to protect the ward, so the lawyer may disclose the conservator's apparent conflict to the ward's personal lawyer without breaching any duty to the…
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…
Can a law firm continue as trial counsel when it must call a former associate of the firm as a witness for the client?
The opinion concluded that the firm may continue as trial counsel even though it will call a former associate as a witness; the advocate-witness bar of DR 5-101(B) disqualifies a lawyer who will testi…
May a lawyer draft a surrogate-mother contract, and can the same lawyer represent both the surrogate and the intended parent?
The opinion concluded that, assuming the contract is not illegal, no ethical rule prohibits a lawyer from drafting a surrogate-mother contract, even one a court might later find voidable or unenforcea…
Can a lawyer who represented a partnership later represent one partner against another partner in a partnership dispute?
The opinion concluded this ordinarily cannot be done: a lawyer who represents a partnership represents each partner's partnership interest, and may not later represent one partner against another wher…
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 former government attorney join a firm that is litigating against the attorney's former agency?
The opinion concluded that a former public employee may not accept private employment in a matter in which he had substantial responsibility as a public employee (DR 9-101(B)), whether or not the publ…
Can an assistant district attorney keep prosecuting when her spouse is a Superior Court judge in the same community?
The opinion concluded that the mere fact of marriage between a Superior Court judge and an assistant district attorney in the same community does not violate the Code, assuming the proposed safeguards…
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…
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, …
May a former law clerk, now in private practice, represent a client whose case was pending before the judge the lawyer clerked for?
The opinion concluded the former clerk may represent such a client (in court, consultation, research, or investigation) if his contact with the case as clerk was only that it was pending or purely adm…
Can a lawyer who serves on a borough assembly, or the lawyer's firm, represent clients before that assembly?
The opinion concluded that an attorney who is a member of a legislative and quasi-judicial body, such as a borough assembly, may not practice or represent clients before that body, or before agencies …
Can one lawyer represent two co-defendants on a criminal appeal when their interests conflict, if both waive the conflict?
The opinion concluded a single attorney may not continue to represent two co-defendants in a criminal appeal where vigorous representation of one would impugn the other's testimony and shift criminal …
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…
Browse Alaska Bar Association opinions by topic
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.