ALASKA COURT RULES

The duty of safeguarding communications described in Rule 1.6(c) does not require that the lawyer use special security measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered in determining the reasonableness of the lawyer’s expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by this Rule or may give informed consent to the use of a means of communication that would otherwise be prohibited by this Rule. Former Client The duty of confidentiality continues after the client- lawyer relationship has terminated. See Rule 1.9(c)(2). See Rule 1.9(c)(1) for the prohibition against using confidences and secrets to the disadvantage of a former client. LAW REVIEW COMMENTARIES “Guilty But Mentally Ill: The Ethical Dilemma of Mental Illness as a Tool of the Prosecution,” 32 Alaska L. Rev. 1 (2015).