AK · rules
Alaska Bar R. 28
Action Necessary When Attorney is Disciplined
(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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