The Board of Governors of the Alaska Bar Association on January 31st adopted the Opinion of the Ethics Committe as follows:
Simply because a lawyer may keep electronic records of his or her own business records, that does not mean the lawyer is free to discard “original” records. Rule 1.15 requires the lawyer to safeguard and […]
The February 6th meeting of the Alaska Employment Law Section will conclude the Ethics discussion started in December, and will include a short review of the following issue: May defense counsel contact members of a certified class in the interval between certification of the class and distribution of the opt-out notice?
Shortly after certification of an action […]
Bar Ethics, re Trust Accounts: At Wednesday’s Employment Law Section meeting, Bar Counsel Steve van Goor mentioned that Wells Fargo routinely notifies the state Bar Association when a check drawn on a lawyer’s trust account bounces. No Alaska law requires WF to do this. Apparently, other states require this, and Wells Fargo has adopted a uniform national policy of notification.
Bar […]
Wednesday ELS meeting: The December 5th ELS meeting is on Ethics. The materials may be found here.
All-purpose in limine order: In a pending FLSA matter, Judge Burgess has entered a detailed in limine Order, covering 17 different categories of evidence. Burgess granted the employer’s motion, without opposition from the plaintiff employee.
The Order is easily adaptable to almost any […]
The House of Representatives has passed the Attorney-Client Privilege Protection Act of 2007. It bars federal employees from pressuring an “organization or personal affiliated with an organization” to waive the attorney-client privilege or work product privilege.
The bill (HR 3013) provides:
In any Federal investigation or criminal or civil enforcement matter, an agent or attorney of the United […]
Ethics Opinions, other Supreme Court Opinions
Review of Arbitration Award for Fraud and Partiality: In an Uninsured Motorist case reviewed under the state Arbitration Act, the Supreme Court (per C. J. Fabe) unanimously affirmed the trial court (Wolverton), and held a) the driver (pro se) had failed to show “affirmative wrongdoing” by State Farm and thus […]
An employment opinion, and two other opinions that may be of interest to the employment bar; and a Comment
Set-aside criminal convictions and licensing: In State, Bd. of Nursing v. Platt, 2007 WL 3121603 (Alaska Oct. 26, 2007), the Supreme Court reversed the Superior Court (Charles Huguelet) and held that the Nursing Board may properly consider a […]
Ethics of multiple client representation: ABA Formal Opinion 06-438 on this subject (both as to initial representation and as to settlement negotiation) is here.
DAlaska on expert testimony: Judge Ralph Beistline has published his opinion on the admissibility of a surveyor’s report, in Kubanyi v. GVEA, 2007 WL 3002070 (D.Alaska Oct. 12, 2007).
FMLA research: Attorney Carl Bosland runs a helpful […]
Yesterday’s Wall Street Journal (09/25/07 WSJ, A-18) carried an op-ed piece by Yeshiva University Law School professor Lester Brickman that publicizes a request for a Formal Opinion from the American Bar Association concerning plaintiff counsel’s negotiation with defendants for direct payment of plaintiff’s fees.
The request comes from 20 law school faculty members who apparently are experts […]
Alaska doesn’t require local bar admission for lawyers who represent parties in arbitration, so long as the attorney doesn’t represent that he or she is licensed by the Alaska Bar Association. See Bar Rule 63 (defining the unauthorized practice of law); AS 08.08.230 (making unauthorized practice of law a misdemeanor).
California, on the other hand, provides […]
9th Cir: DWI is not crime of moral turpitude, but DWI without a license is
Some statutes and many employee handbooks provide that conviction of a crime of “moral turpitude,”or even simply an act of “moral turpitude,” is grounds for dismissal. In Alaska, for instance, a school district may non-retain a tenured teacher because of ”immorality, which is defined as […]
Judge John Sedwick has published two more opinions in U S. v. Kott & Weyhrauch, 3:07-cr-00056 JWS (D.Alaska).
In the more recent opinion, Judge Sedwick held that AS 24.60.030(3) does not require a legislator to disclose negotiations for employment. Other portions of AS 24.60 (”Standards of Conduct”) expressly require disclosure of various legislator actions. Thus, the absence […]
Alaska Ethics Opinions: The AG’s office has issued two opinions on state employee participation in the Kenai River Classic. One advises Board of Fisheries members not to participate, absent extenuating circumstances. The other sets out less restrictive rules for other state employees.
Directory of Employment Law Blogs: There are currently at least 52 employment law blogs […]
As of May 12, HB 109, as amended, has passed both houses and should soon be on its way to the Governor, who requested the original bill. As you can see from the title, the legislation tightens rules governing the conduct of public employees and officials:
An Act relating to bribery, receiving unlawful gratuities, and campaign contributions; […]
