Adopted Ethics Opinions: Topical

Accountants

79-3 (employment of accountant)

Advertising

69-4 (building name)

94-2 (simultaneous use of more than one name for law firm)

2009-2 (Use of Membership in Lawyer Ranking System In Lawyer/Law Firm Advertising)

2020-2 (What Are Counsel’s Ethical Duties Regarding Publicizing Client Recoveries?)

ALSC

78-5 (referrals to private attorneys)

79-4 (conflicts with board)

Attorney Hired by Insurance Company

89-3 (insured objects to counsel retained by insurance company)

90-2 (duty to insured when insurance company directs an offer of judgment)

99-3 (in-house insurance company counsel representing insureds)

Attorney Liens

83-2 (may attorney hold client papers that would be helpful in pending litigation)

88-6 (lien on real property in quiet title action)

2012-1 (May a lawyer record an attorney’s lien (AS 34.35.430) against a client’s real property)

Billing (see “Fees”)

Breathalyzer Test

84-1 (advice to defendant)

Business Records

2008-1 (electronic copies; client records)

Client Confidences

84-9 (draft documents)

85-4 (guardian ad litem confidentiality)

85-6 (client names)

86-2 (creditor’s committee)

86-3 (referral to credit bureau) (reaffirmed 2000-3)

93-3 (disclosing information on IRS Form 8300)

95-1 (propriety of shop talk and courtesy copies)

95-3 (obligation of appointed defense counsel to reveal change in client’s financial position affecting eligibility)

96-5 (propriety of signing “attorney’s representation” in settlement agreements)

97-1 (unsolicited contact by opposing party)

98-2 (communication by e-mail)

99-1 (insurer requests attorney to send billing to outside auditor without informed consent of insured)

2000-02 (effect of confidential settlement agreement on precluding further representation for subsequent clients)

2000-03 (reaffirmation of 86-3 re: referral to credit bureau)

2005-1 (client’s intent to commit suicide)

2006-3 (disclosure of insurance defense attorney bills to non-insurer contractors for screening)

2014-3 (Cloud Computing)

2018-1 (email correspondence with opposing counsel while sending a copy to the client)

2020-1 (Representing a Non-Party Witness at a Deposition in a Matter Where the Lawyer Also Represents a Named Party)

2022-2 (The Scope of a Lawyer’s Duties When a Client Provides False Statements or Evidence to the Court)

Client’s Funds

80-1 (duty to third party) (vacated in part by 86-4)

86-4 (duty to third parties vacating in part 80-1)

90-3 (disposition of client funds when client can’t be located)

92-3 (Clarification of EO 86-4 regarding attorney’s duty when dispute arises concerning the rights of third parties to client funds in the possession of attorney)

93-3 (disclosing information on IRS Form 8300)

98-3 (obligation of lawyer to honor writ of execution against client funds in the lawyer’s trust account)

2012-2 (deposit of advanced fee retainers in client trust account)

Client Instructions

2006-2 (when lawyer disagrees with client’s instructions)

2011-4 (when client in criminal appeal can’t be contacted)

Client Property

90-3 (Disposition Of Funds Held By A Lawyer For A Client Who Cannot Be Located)

2015-2 (obligation to hold unsolicited client documents or property)

Clients Under Disability

87-2 (representation of person under disability)

94-3 (representation of client under disability)

2005-1 (client’s intent to commit suicide)

Collaborative Law Practice

2011-3 (collaborative law practice)

Communication with Client

2011-4 (when client in criminal appeal can’t be contacted)

2018-1 (email correspondence with opposing counsel while sending a copy to the client)

Communication with Non-Parties

84-3 (advice to witnesses)

88-4 (instructions to court reporters)

Communication With Opposing Party

71-1 (government entity)

72-2 (attorney/client relationship in question)

84-11 (government employee)

85-2 (opposing experts) (vacating 84-8)

88-3 (former employee)

90-1 (dissenting shareholder/director attorney communication with majority directors)

91-1 (communication with former employees of corporation represented by counsel)

94-1 (communication with managing board of government body)

95-7 (communication with a represented party by an attorney acting pro se)

97-1 (unsolicited contact by opposing party)

98-1 (contact with defendant’s insurer) (vacating 78-4)

2006-1 (lawyer communication with management of entity on lawyer’s own behalf on a matter not in litigation)

2011-2 (communication with an employee of a represented corporation or entity)

2017-2 (Attorney’s Ability to Contact Government Official Who Is a Represented Party to Discuss Settlement or Other Policy Related to the Litigation)

2018-1 (email correspondence with opposing counsel while sending a copy to the client)

2018-2 (direct communications with represented party when specific notice is required to be served on the party)

2019-1 Obtaining Confidential Information ( Adopted January 31, 2019)

2019-2 A Lawyer’s Duty Upon Receipt of Confidential Information – Inadvertent but Unauthorized Disclosure (Adopted January 31, 2019)

2019-3 A Lawyer’s Duty Upon Receipt of Confidential Information – Intentional Disclosure (Adopted January 31, 2019)

Communications With Retained Experts

85-2 (ex parte communication with experts retained by opposing counsel)

Communications With Third Parties

96-2 (attorney representing a seller to third persons purchasing property encumbered by a deed of trust which contains a “due on sale” clause)

2017-2 (Attorney’s Ability to Contact Government Official Who Is a Represented Party to Discuss Settlement or Other Policy Related to the Litigation)

2018-1 (email correspondence with opposing counsel while sending a copy to the client)

Competence

2014-3 (Cloud Computing)

Conflicts of Interest

76-1 (legislative/attorney)

76-3 (multiple criminal representation)

76-8 (former law clerk)

78-3 (opposing attorney joins firm)

82-2 (district attorney married to superior court judge)

83-5 (opposing attorney)

84-2 (former representation of partnership)

85-3 (former associate as witness)

85-6 (campaign disclosure)

86-2 (creditor’s committee)

87-2 (representation of person under disability)

89-1 (concurrent representation of potentially adverse clients and class action)

91-2 (responsibilities of personal representative’s attorney when conflict between personal representative and heirs) (Modified by 2003-2)

91-3 (propriety of representing both parents and child when interests differ)

92-6 (sex between attorney and client of attorney’s firm)

95-2 (government employee entering private practice with a firm handling litigation against attorney’s former agency)

96-5 (propriety of signing “attorney’s representation” in settlement agreements)

96-6 (considerations when acting as an arbitrator in one proceedings and an advocate in another proceeding)

99-2 (municipal attorney representing board hearing disputed matter involving municipality)

99-3 (in-house insurance company counsel representing insureds)

2000-01 (representation of tribal tort claimants when U.S. potentially liable for damages)

2000-02 (effect of confidential settlement agreement on precluding further representation for subsequent clients)

2001-01 (attorney’s duties when criminal client’s custodian advises client has breached conditions of release) (see also 2014-2)

2003-2 (personal representative’s attorney responsibilities when personal representative is engaging in fraudulent or criminal conduct)

2008-2 (insurer does not become a client simply because attorney for insured pursues a subrogated claim)

2011-3 (collaborative law practice)

2012-3 (Representation of Closely Held Organization and Its Majority Owners When Their Interests May Be Adverse to Those of Minority Owners)

2014-2 (attorney’s duties when informed that a criminal defendant is in violation of bail release conditions (clarification and supplement to 2001-1)

2014-4 (lawyer’s indemnification of opposing parties)

2015-1 (lawyer posting bail for client)

2017-1 (In the Workers’ Compensation Setting, May a Lawyer For The Employer Present a Lump-sum Settlement Offer, Inclusive of Legal Fees?)

2020-1 (Representing a Non-Party Witness at a Deposition in a Matter Where the Lawyer Also Represents a Named Party)

2021-1 (Representation of Multiple Clients Charged in Criminal Cases)

Consents to Withdraw

84-11 (advance consent to withdraw improper)

Contingency Fees

74-3 (propriety)

76-9 (for investigator)

88-6 (interest in property subject to litigation)

92-4 (handling subrogation case on contingency basis when client able to pay hourly)

2004-2 (propriety of agreeing to pay attorney’s fees assessed against a client if client loses on appeal)

Criminal Charges, Threatening or Initiating

97-2 (use of threats of criminal prosecution in connection with a civil matter)

Criminal Defense Issues

84-1   (Propriety of Advice to a Defendant to Refuse to Submit to a Breathalyzer Test)

84-3  (advice to potential witnesses in a criminal case) 

93-3   (disclosing information on IRS Form 8300)

95-3   (obligation of appointed defense counsel to reveal change in client’s financial position affecting eligibility)

2001-1 (attorney’s duties when advised by custodian that criminal defendant has breached conditions of client’s release)(see also 2014-2)

2005-1 (client’s intent to commit suicide if convicted)

2006-2 (responsibilities of a lawyer to honor client’s instructions on means of representation in criminal cases)

2009-1 ( misleading to characterize a fee or retainer as “nonrefundable”) (Modification of Ethics Opinion 87-1)

2011-4 (duties of an attorney in a criminal appeal when the client cannot be contacted)

2012-2 (deposit of advanced fee retainers in client trust account)

2014-2 (attorney’s duties when informed that a criminal defendant is in violation of bail release conditions (clarification and supplement to 2001-1)

2015-1 (lawyer posting bail for client)

2021-1 (Representation of Multiple Clients Charged in Criminal Cases)

2022-2 (The Scope of a Lawyer’s Duties When a Client Provides False Statements or Evidence to the Court)

2023-1 (ethical duties regarding the retention of former clients’ files in criminal matters)

Duties to the Court

93-1 (in a civil action without filing an Entry of Appearance)

95-3 (obligation of appointed defense counsel to reveal change in client’s financial position effecting eligibility)

98-3 (obligation of lawyer to honor writ of execution against client funds in the lawyer’s trust account)

2001-01 (attorney’s duties when criminal client’s custodian advises client has breached conditions of release)

2003-2 (personal representative’s attorney responsibilities when personal representative is engaging in fraudulent or criminal conduct)

Duties to Third Parties

80-1 (propriety of attorney remitting monies when should have known there were liens) (vacated in part by 86-4)

86-4 (vacating, in part, 80-1)

88-2 (circumventing “due on sale” clause of real property conveyance)

92-3(clarification of 86-4)

2003-2 (personal representative’s attorney responsibilities when personal representative is engaging in fraudulent or criminal conduct)

2008-2 (insurer does not become a client simply because attorney for insured pursues a subrogated claim)

2014-4 (lawyer’s indemnification of opposing parties)

Federal Practice

2010-1 (immigration practice when not admitted in Alaska)

Fees

74-2 (referral)

74-3 (contingency)

76-5 (obligation to explain)

79-1 (interest)

85-5 (2023-2 modification of ethics opinion 85-5, preauthorized credit card payment)

86-1 (intra-office discussions)

86-3 (referral of clients identity to credit bureau) (reaffirmed by 2000-3)

87-1 (non-refundable fee deposits) (modified by 2009-1)

88-6 (contingent fee or lien on real property in quiet title litigation)

93-3 (disclosing information on IRS Form 8300)

95-4 (charges to clients for disbursements and other expenses)

96-1 (billing clients for contract attorney legal services)

96-4 (propriety of billing more than one client for the same hours)

99-1 (outside auditor review of billings of counsel retained for insured)

2000-03 (reaffirmation of 86-3, referral of client identity to credit bureau)

2006-3 (disclosure of insurance defense attorney bills to non-insurer contractors for screening)

2009-1 (misleading to characterize a fee or retainer as “nonrefundable”) (modification of Ethics Opinion 87-1)

2012-2 (deposit of advanced fee retainers in client trust account)

2014-1 (charging clients a surcharge to use credit cards for legal services)

2017-1 (In the Workers’ Compensation Setting, May a Lawyer For The Employer Present a Lump-sum Settlement Offer, Inclusive of Legal Fees?)

2023-2 (modification of Ethics Opinion 85-5)(Preauthorized Credit Card Payments)

File Copying

95-6 (withhold a client’s file unless client pays for copying file)

File Disclosure

96-3 (pursuant to subpoena)

File Retention Requirements

84-9 (providing opposing parties with copies of draft documents; record and file retention requirements)

2023-1 (ethical duties regarding the retention of former clients’ files in criminal matters)

File Return

2003-3 (documents included in file to be returned to client)

2004-1 (lawyer’s right to withhold expert reports where the client fails to pay for them)

2011-1 (client entitled to original file on request)

Financial Position

95-3 (obligation of appointed defense counsel to reveal change in client’s financial position effecting eligibility)

Firm Names

69-4 (Anchorage Legal Center)

71-3 (Non-Alaska lawyers)

94-2 (simultaneous use of more than one name for law firm)

Former Judges

2006-4 (use of prior judicial service information by candidate for office)

Government Employees

83-4 (government attorney entering private practice with a firm handling litigation against former agency)

99-2 (municipal attorney representing board hearing disputed matter involving municipality)

Guardians Ad Litem

85-4 (confidentiality requirements)

Judicial Candidates

85-1 (applicability of Canon 7 of Code of Judicial Conduct to candidates for judicial appointment)

88-5 (endorsement by sitting judge)

Lawyer Changing Firms

2005-2 (obligations when a lawyer changes firms)

Lawyer Wellness or Impairment

2022-1 (A Lawyer’s Duty with Respect to Potentially Impaired Members of the Bar)

Legal Assistants

73-1 (use, generally)

Maintenance or Champerty

74-1 (agreements between plaintiff and co-defendants which changes alignment of one or more parties)

83-2 (whether disciplinary rules requires attorney to inform re: perjury)

Partnerships Alaska Lawyers and Non-Alaska Lawyers

71-3 (letterhead)

Preparation of a Client’s Legal Pleadings

93-1 (in a civil action without filing an Entry of Appearance)

Public Officials

85-6 (disclosure of client names)

Recording Telephone Conversations

2003-1 (undisclosed recording of conversations by lawyer)

Removing Materials from Opposing Attorney’s Trash Receptacle

79-2 (propriety of removing materials from attorney’s trash)

Restriction on Right to Practice

2000-02 (effect of confidential settlement agreement on precluding further representation for subsequent clients)

Settlement Agreements

2000-02 (effect of confidential settlement agreement on precluding further representation for subsequent clients)

2017-1 (In the Workers’ Compensation Setting, May a Lawyer For The Employer Present a Lump-sum Settlement Offer, Inclusive of Legal Fees?)

Sex with Client

88-1 (clarified by 92-6)

92-6 (sex between attorney and client of attorney’s firm)

Sharing Office Space with Non-Lawyer

68-1 (sharing office space with non-lawyer)

Solicitation of Clients

92-1 (solicitation of class action clients after certification)

92-5 (solicitation of clients in mass disasters and otherwise)

2020-1 (Representing a Non-Party Witness at a Deposition in a Matter Where the Lawyer Also Represents a Named Party)

Solicitation of Pro Bono Case

81-1 (solicitation of pro bono case)

Statute of Limitations

2004-3 (responsibilities of an attorney when a client cannot be contacted)

Surrogate Mothers

84-4 (propriety of attorney drafting a “surrogate mother” contract”)

Third Party Funds

80-1 (duty to third parties)

86-4 (duty to third parties vacating in part 80-1)

92-3 (clarification of 86-4)

2003-2 (personal representative’s attorney responsibilities when personal representative is engaging in fraudulent or criminal conduct)

Withdrawal

89-3 (insured objects to counsel retained by insurance company)

84-10 (consent to withdraw executed when representation undertaken)

91-5 (ethical obligation to withdraw after undertaking representation of estates with factually conflicting positions in litigation)

2003-3 (documents included in file to be returned to client)

2004-1 (lawyer’s right to withhold expert reports where the client fails to pay for them)

2004-3 (responsibilities when client cannot be contacted)

2011-1 (client entitled to original file on request)

2011-4 (when client in criminal appeal can’t be contacted)

Withdrawn or Modified Ethics Opinions

85-5 (Modified by 2023-2)

89-2 (withdrawing 68-2 [unadopted], 69-1, 69-2, 69-3, 71-2, 72-1, 75-1, 75-2, 76-2, 76-4, 76-6 [unadopted], 76-7, 78-2, 82-1 [unadopted], 82-3

[unadopted] and 84-6; modifying 69-4)

Witness

85-2 (communication with retained expert)

85-3 (former associate as witness)

86-5 (attorney is potential witness)

93-2 (restraints on witness compensation)