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Adopted Ethics Opinions: Topical Index
View the chronological index of the Adopted Ethics Opinions.
Topics:
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)
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)
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
83-3 (perjury by former client)
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)
2000-2 (effect of confidential settlement agreement on precluding further representation for subsequent clients)
2000-3 (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)
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)
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)
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)
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)
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)
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)
2000-1 (representation of tribal tort claimants when U.S. potentially liable for damages)
2000-2 (effect of confidential settlement agreement on precluding further representation for subsequent clients)
2001-1 (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)
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)
Consents to Withdraw
84-10 (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)
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)
2001-1 (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)
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 (credit cards; interest)
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)
2000-3 (reaffirmation of 86-3, referral of client identity to credit bureau)
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)
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)
File Return
2003-03 (documents included in file to be returned to client)
2004-01 (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)
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
2000-2 (effect of confidential settlement agreement on precluding further representation for subsequent clients)
Settlement Agreements
2000-2 (effect of confidential settlement agreement on precluding further representation for subsequent clients)
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)
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)
2003-03 (documents included in file to be returned to client)
2004-01 (lawyer’s right to withhold expert reports where the client fails to pay for them)
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
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], and 78-2; 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)
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