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 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 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…
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…
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 acting for themselves contact a company's management directly when the company regularly uses counsel?
Yes, usually. The opinion concludes a lawyer acting on their own behalf on a non-litigation matter may contact a represented organization's management directly, unless the lawyer has been told to deal…
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 …
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…
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 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 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…
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…
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 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…
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…
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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.