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 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…
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…
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…
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 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…
Which older Alaska ethics opinions did the bar withdraw or modify as outdated or superseded?
The opinion withdrew a group of earlier Alaska opinions, mainly advertising restrictions made obsolete by the activities lawyers may now use to advertise, and modified Opinion 69-4 to drop 'improper a…
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 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…
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.