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 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…
Can an Alaska lawyer accept a client's pre-authorization to charge a credit card for fees as part of the engagement agreement?
The opinion withdraws the part of Ethics Opinion 85-5 that prohibited pre-authorizing credit card payments, so a lawyer may obtain a client's advance authorization to charge a credit card; the rest of…
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 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 …
Does a lawyer have to deposit a flat or fixed fee in the client trust account until it is earned?
Generally yes. The opinion concludes flat or fixed fees must go into the client trust account until earned, unless the lawyer and client agree in writing, after consultation, that the funds become the…
Can a lawyer record a statutory attorney's lien against a client's real property to secure unpaid fees?
No. The opinion concludes that recording an attorney's lien for fees under AS 34.35.430 violates Alaska Rules 1.5, 1.8, and 1.16; the proper route is to reduce the fee claim to judgment, which gives t…
Can a lawyer call a fee or retainer "nonrefundable"?
No. The opinion concludes it is misleading to describe any fee or retainer as nonrefundable, because every fee must be reasonable under Rule 1.5 and any unearned advance must be refunded under Rule 1.…
Can a contingent-fee lawyer agree to pay the attorney-fee award entered against the client if an appeal of a defense verdict fails?
Yes. The opinion concludes that an adverse attorney-fee award is an 'expense of litigation' under Alaska RPC 1.8(e), so the lawyer may agree to pay it with repayment contingent on the outcome of the m…
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…
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.
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…
Can a law firm bill its client for a contract or temporary attorney's work at a rate higher than what the firm pays the contract attorney?
The opinion concluded a law firm may charge clients for contract legal services at a rate above the firm's actual cost, adding overhead and profit, so long as the total charge to the client is reasona…
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…
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 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 take a subrogation case on a contingent fee from an insurer that is financially able to pay by the hour?
Yes. The opinion concluded a lawyer may accept a subrogation case on a contingent fee from a client who wants that arrangement even though able to pay hourly, provided the client is fully informed of …
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…
When can a lawyer charge a non-refundable retainer, and what must the lawyer tell the client?
The opinion concluded a non-refundable fee retainer is acceptable only if its non-refundable nature is fully and clearly explained both orally and in the written fee agreement and the fee is not exces…
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 bill a client for both lawyers' time spent in an internal conference about the case?
The opinion concluded there is no per se rule against charging a client for both attorneys' time in intra-office conferences; the propriety depends on the facts, and where the client benefits from the…
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 an out-of-state lawyer who refers a case collect a referral fee based on a percentage of the receiving lawyer's fee when the receiving lawyer does all the work?
The opinion concluded that, under DR 2-107(A)(2), a lawyer may divide a fee with a lawyer in another firm only in proportion to the services performed and responsibility assumed by each. A fee for mer…
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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.