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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Alaska Rules of Professional Conduct

COMMENTS

Comment - Rule 1.10

The term “firm” is defined in Rule 9.1(i).

The Committee has voted to add language to subparagraph (b)(2) which disqualifies firms that retain records containing confidential information, as well as firms where actual members have such confidential information. The Committee felt that the possibility for misuse of confidential information could also arise when old files are unearthed for the purpose of probing them and therefore a rule of disqualification should apply in those situations also. However, the Committee wishes to stress that disqualification only arises when the matter at hand is the same or substantially related to the matter in which the former client was represented; the Committee expects the term “substantially related” to be interpreted in a realistic, narrow fashion, in light of the policy considerations listed in the section labeled “Lawyers Moving Between Firms.”