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 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 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 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 …
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…
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…
Must a public defender withdraw from a case in which the defender is likely to be called as a witness?
The opinion concluded the agency must withdraw from the cases in which its attorneys will or are likely to be called as witnesses, because the testimony would be potentially prejudicial to the client …
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…
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 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…
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 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…
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.