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AK · rules

Alaska Bar R. 28

Action Necessary When Attorney is Disciplined

activein force · 2021-08-02 – presentact-effective-date

(a) Notice. An attorney who has been disbarred,

suspended, placed on probation, or who is under an order of

interim suspension, will promptly provide notice of the

discipline imposed as required by this Section. Notice will be

sent by certified or registered mail, return receipt requested.

Notice to clients need only be sent to clients represented by the

disciplined attorney on the entry date of the Court’s order.

Notice required to attorneys representing opposing parties in

pending litigation or administrative proceedings need only be

sent if the disciplined attorney is an attorney of record at the

time of the entry date of the Court’s order. Notice will be

provided as follows:

(1) an attorney who has been disbarred, suspended for

more than 90 days, or who is under an order of interim

suspension, will promptly notify

(A) each of his or her clients who is involved in pending

litigation or administrative proceedings, and each attorney

representing opposing parties in the proceedings, of his or her

disbarment or suspension and his or her inability to practice

law in the State after the effective date of the disbarment or

suspension; the notice given the client will advise the client of

the necessity to promptly seek substitution of another attorney;

the notice served upon the attorneys for the opposing parties

will state the mailing address of the client of the disbarred or

suspended attorney; and

(B) each of his or her clients who is involved in any

matters other than litigation or administrative proceedings; the

notice will advise the clients of his or her disbarment or

suspension, his or her inability to practice law in the State after

the effective date of the disbarment or suspension, and the

need to seek legal advice from a different attorney;

(2) an attorney who has been suspended for 90 days or

less will notify all clients in any matters, and each attorney

representing opposing parties in any pending litigation or

administrative proceedings, that (s)he will be unavailable for

the period of time specified in the Court’s order; the

disciplined attorney will advise his or her clients that they may

seek substitute counsel at their discretion; and

(3) an attorney who has been placed on probation will

notify all clients in any matters, and each attorney representing

opposing parties in any pending litigation or administrative

proceedings, of the terms of his or her probation, unless the

Court, in its order placing the attorney on probation, relieves

the attorney of this duty.

(b) Substitute Counsel. An attorney suspended for 90

days or less will assist his or her clients in arranging for

alternate representation where necessary or requested.

Should the client of an attorney who has been disbarred,

suspended for more than 90 days, or who is under an order of

interim suspension not obtain substitute counsel before the

effective date of the disbarment or suspension, the disciplined

attorney will move for leave to withdraw in the court or

administrative agency in which the proceeding is pending.

(c) Effective Date of Order; Limitation on Practice.

Orders imposing disbarment, suspension, or probation will be

effective 30 days after the entry date, unless otherwise ordered

by the Court in the order imposing discipline. After the entry

date of a disbarment or suspension order, the disciplined

attorney will not accept any new retainer or accept

employment in any new case or legal matter of any nature.

However, during the period from the entry date of the order to

its effective date, (s)he may, unless otherwise ordered by the

Court in the order imposing discipline, wind up and complete,

on behalf of any client, all matters which were pending on the

entry date of the order.

(d) Prohibition on Practice. An attorney who has been

disbarred, suspended, or who is under an order of interim

suspension will, during the period of his or her disbarment or

suspension, cease all practice of law, including the acceptance

of any new clients.

(e) Probation. Probation may be imposed in accordance

with Rule 16(a) (3) only in those cases where there is little

likelihood that the attorney on probation will harm clients or

the public during the period of probation and where the

conditions of probation can be adequately supervised.

Probation may be renewed by the Court for an additional

period if the Board so recommends and the Court concurs in

the recommendation. The Board’s recommendation for

renewal of probation will be submitted to the Court not more

than six months, nor less than 60 days prior to the expiration of

the original probation period. The attorney on probation will be

advised of the recommendation and be given an opportunity to

be heard by the Court. The conditions of probation will be

specified in writing.

(f) Compliance by Disciplined Attorney. Within 10

days after the effective date of a disbarment or suspension

order, the disciplined attorney will file with the Court, and

serve upon Bar Counsel, an affidavit showing that

(1) (s)he has fully complied with the provisions of the

order and with these Rules; and

(2) (s)he has notified all other state, federal and

administrative jurisdictions to which (s)he is admitted to

practice of his or her discipline.

The affidavit will also set forth the residence and mailing

addresses of the disciplined attorney where communications

may thereafter be directed. Pursuant to Rule 9(e), it is the

ongoing responsibility of the disciplined attorney to keep the

Bar apprised of his or her current address and telephone

number.

(g) Public Notice. The Board will cause a notice of the

disbarment, suspension, interim suspension, probation, public

censure, or public reprimand to be published in

(1) an official Alaska Bar Association publication and on

the Alaska Bar Association’s website; and

(2) a newspaper of general circulation serving the

community in which the disciplined attorney maintained his or

her practice.

(h) Circulation of Notice; National Lawyer Regulatory Data Bank. The Board will promptly transmit a

copy of the order of disbarment, suspension, interim

suspension, probation, public censure, or public reprimand to

the presiding judges of the superior court in each judicial

district in Alaska; to the presiding judge of the United States

District Court for the District of Alaska; and to the Attorney

General for the State of Alaska, together with the request that

the Attorney General notify the appropriate administrative

agencies. The presiding judges will make such orders as they

deem necessary to fully protect the rights of the clients of the

disbarred, suspended, or probationary attorney.

Bar Counsel will transmit to the National Lawyer

Regulatory Data Bank maintained by the American Bar

Association, and any jurisdiction to which Respondent has

been admitted, notice of all discipline imposed by the Court,

all orders granting reinstatement, and all public reprimands.

(i) Record Keeping. A disbarred, suspended, or

probationary attorney will keep and maintain records of the

various steps taken by him or her pursuant to these Rules so

that proof of compliance with these Rules and with the

disbarment, suspension or probationary order is available.

Proof of compliance with the Rules and Court order will be a

condition precedent to any petition for reinstatement.

(j) Surrender of Bar Membership Card. Any attorney

upon whom disbarment, suspension, or interim suspension has

been imposed will, within 10 days of the effective date of the

order, surrender his or her Alaska Bar Association membership

card to the Director by delivery in person, or by certified or

registered mail, return receipt requested.

History

(Added by SCO 176 dated February 26, 1974; amended by SCO 295 effective March 1, 1978; and rescinded and repromulgated by SCO 614 effective January 1,1985; amended by SCO 962 effective July 15, 1989; by SCO 1037 effective January 15, 1991; by SCO 1048 effective nunc pro tunc September 12, 1990; by SCO 1312 effective July 15, 1998 and by SCO 1966 effective August 2, 2021)

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
c712e2ad7ce2475dc7649b5f8e7a0e1877296982f23a421af3217fbade015755
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