ALASKA COURT RULES

about the subject of the representation with a party or person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. (SCO 1123 effective July 15, 1993; repromulgated by SCO 1680 effective April 15, 2009) rescinded and ALASKA COMMENT See Rule 1.2(c) regarding communications when limited representation is provided. COMMENT This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the client-lawyer relationship, and the uncounselled disclosure of the person’s confidences and secrets. lawyer This Rule applies to communications with any person who is represented by counsel concerning the matter to which the communication relates. The Rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule. This Rule does not prohibit communication with a represented person, or an employee or agent of such a person, concerning matters outside the representation. For example, the existence of a controversy between a government agency and a private party, or between two organizations, does not lawyer for either from communicating with prohibit a nonlawyer representatives of the other regarding a separate matter. Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4(a). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent for or communicating with a represented person is permitted to do so. authorization justification legal law may Communications authorized by include communications by a lawyer on behalf of a client who is exercising a constitutional or other legal right to communicate with the government. Communications authorized by law may also include investigative activities of lawyers representing governmental entities, directly or through investigative agents, prior to the commencement of criminal or civil enforcement proceedings. In the case of a represented organization, this Rule prohibits communications by a lawyer concerning the matter 50 with persons having managerial responsibility on behalf of an organization. Consent of the organization’s lawyer is not required for communication with a former constituent. See Rule 1.13(f) for the definition of “constituent.” If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4(f). In communicating with a current or former constituent of an organization, a lawyer must not use methods of obtaining evidence that violate the legal rights of the organization. See