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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What can a lawyer tell the court when moving to withdraw from a case without revealing the client's confidences?
The opinion concludes that a lawyer's withdrawal motion should ordinarily state only that professional considerations or irreconcilable differences require termination, and that the lawyer must protec…
What must a lawyer do if a client plans to lie or give false evidence in a court proceeding, and can the lawyer tell the court?
The opinion concludes that a participating lawyer must try to dissuade the client, must refuse to offer evidence the lawyer knows is false, and, if the client gives false testimony, must take reasonab…
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…
What must a lawyer do in a criminal appeal when the client has directed an appeal but cannot be contacted?
The lawyer must make a reasonable inquiry to locate and contact the client and, where the client previously directed an appeal, must file the notice of appeal and points on appeal; the lawyer may then…
If the statute of limitations is about to expire and the lawyer cannot reach the client to confirm authority, may the lawyer file the lawsuit anyway?
The opinion concludes the lawyer may file the complaint if she reasonably believes the client authorized the suit and is relying on her to file, or that failing to file would materially and adversely …
When a client discharges a lawyer and asks for the file, must the lawyer hand over everything in it, including the lawyer's notes and internal memos?
The opinion concludes the lawyer must presumptively give the former client access to the entire file unless substantial grounds exist to refuse, with narrow exceptions for third-party nondisclosure du…
If the personal representative of an estate is committing fraud, must the lawyer tell the court or the beneficiaries, and may the lawyer keep representing the personal representative?
The opinion concludes the lawyer may, but is not required to, disclose the personal representative's fraudulent or criminal conduct under Alaska RPC 1.6(b)(1); the lawyer may not assist or conceal the…
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…
Must an appointed criminal defense lawyer tell the court when the client comes into money that may end the client's eligibility for public counsel?
Yes. The opinion concluded that Rule 3.3 and Administrative Rule 12(f) each independently require appointed counsel to inform the court of a change in the client's financial status affecting eligibili…
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 …
If an insured objects to the lawyer the insurer hired to defend him, must the lawyer withdraw?
The opinion concluded the insurer's initial selection of counsel without the insured's preapproval was proper, but once the insured notified the attorney he objected to the representation the attorney…
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 …
Can a lawyer obtain a client's signed consent to withdraw at the start of the representation and later file it with the court to withdraw?
The opinion concluded that a lawyer may not file a previously executed consent with the court as a current express written consent to withdraw under Alaska Civil Rule 81(d)(1)(iii), and may not do so …
Can an attorney hold a client's papers under the attorney's lien statute when the client needs them in pending litigation, and is the rule against secret recording still valid?
The opinion concluded that Ethics Opinion 78-1's rule against recording any conversation without the consent of all parties remains in full force, but that Ethics Opinion 77-2 (allowing an attorney to…
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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.