Grounds For Discipline

to (a) Grounds for Discipline. In addition those standards of conduct prescribed by the Alaska Rules of Professional Conduct, Ethics Opinions adopted by the Board of Governors of the Bar, and the Code of Judicial Conduct, the following acts or omissions by a member of the Alaska Bar Association, or by any attorney who appears, participates, or otherwise engages in the practice of law in this State, individually or in concert with any other person or persons, will constitute misconduct and will be grounds for discipline whether or not the act or omission occurred in the course of an attorney-client relationship: (1) conduct which results in conviction of a serious crime as defined in Rule 26(b); (2) conduct which results in attorney or judicial discipline in any other jurisdiction, as provided in Rule 27; ALASKA BAR RULES (3) knowing misrepresentation of any facts or circumstances surrounding a grievance; (4) failure to answer a grievance, failure to answer a formal petition for hearing, or failure to furnish information or respond to a request from the Board, Bar Counsel, an Area Division member, or a Hearing Committee in conforming with any of these Rules; (B) “employ” means to engage the services of another, including employees, agents, independent contractors and consultants, regardless of whether any compensation is paid; (C) “involuntarily inactive attorney” means an attorney who has been transferred to interim disability inactive status or to disability inactive status under Alaska Bar Rule 30 or under a comparable rule in another jurisdiction; and (5) contempt of the Board, of a Hearing Committee, or of any duly appointed substitute; (6) engaging in the practice of law while on inactive status, or while disbarred or suspended from the practice of law for any reason; (7) failure to perform or comply with any condition of discipline imposed pursuant to these Rules; or (8) failure to inform the Bar of his or her current mailing address and telephone number as provided in Rule 9(e). (b) Unauthorized Practice of Law. (1) For purposes of the practice of law prohibition for disbarred and suspended attorneys in subparagraph (a)(6) of this rule, except for attorneys suspended solely for non- payment of bar fees, “practice of law” is defined as: (D) “resigned attorney” means an attorney who has resigned from the bar association of any jurisdiction while disciplinary charges are pending. (2) A member shall not employ, associate professionally with, or aid a person the member knows or reasonably should know is a disbarred, suspended, resigned, or involuntarily inactive attorney to perform the following on behalf of the member’s client: (A) render legal consultation or advice to the client; (B) appear on behalf of a client in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate judge, commissioner, or hearing officer; (C) appear as a representative of the client at a deposition or other discovery matter; (A) holding oneself out as an attorney or lawyer authorized to practice law; (D) negotiate or transact any matter for or on behalf of the client with third parties; (B) rendering legal consultation or advice to a client; (E) receive, disburse, or otherwise handle the client’s (C) appearing on behalf of a client in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate judge, commissioner, hearing officer, or governmental body which is operating in its adjudicative capacity, including the submission of pleadings; (D) appearing as a representative of the client at a deposition or other discovery matter; (E) negotiating or transacting any matter for or on behalf of a client with third parties; or (F) receiving, disbursing, or otherwise handling a client’s funds. (2) For purposes of the practice of law prohibition for attorneys suspended solely for the non-payment of fees and for inactive attorneys, “practice of law” is defined as it is in subparagraph (b)(1) of this rule, except that these persons may represent another to the extent that a layperson would be allowed to do so. (c) Employment of Disbarred, Suspended, or Resigned Attorney. (1) For purposes of this rule: (A) “disbarred or suspended attorney” means an attorney who has been disbarred or suspended from the practice of law in any jurisdiction; funds; or (F) engage in activities which constitute the practice of law. (3) A member may employ, associate professionally with, or aid a disbarred, suspended, resigned, or involuntarily inactive attorney to perform research, drafting or clerical activities, including but not limited to: (A) legal work of a preparatory nature, such as legal the assemblage of data and other necessary research, information, drafting of pleadings, briefs, and other similar documents; (B) direct communication with the client or third parties regarding matters such as scheduling, billing, updates, confirmation of receipt or sending of correspondence and messages; or (C) accompanying an active member in attending a deposition or other discovery matter for the limited purpose of providing clerical assistance to the active member who will appear as the representative of the client. (4) Prior to or at the time of employing a person the member knows or reasonably should know is a disbarred, suspended, resigned, or involuntarily inactive attorney, the member shall serve upon the Alaska Bar Association written notice of the employment, including a full description of such 21 ALASKA COURT RULES involuntarily person’s current bar status. The written notice shall also list the activities prohibited in paragraph (c)(2) and state that the disbarred, suspended, resigned, or inactive attorney will not perform such activities. The member shall serve similar written notice upon each client on whose specific matter such person will work, prior to or at the time of employing such person to work on the client’s specific matter. The member shall obtain proof of service of the client’s written notice and shall retain such proof and a true and correct copy of two years following termination of the member’s employment with the client. the client’s written notice for (5) A member may, without client or Bar Association notification, employ a disbarred, suspended, resigned, or involuntarily inactive attorney whose sole function is to perform office physical plant or equipment maintenance, courier or delivery services, catering, reception, typing or transcription, or other similar support activities. (6) Upon termination of the disbarred, suspended, resigned or involuntarily inactive attorney, the member shall promptly serve upon the Bar Association written notice of the termination. (Added by SCO 176 dated February 26, 1974; amended by SCO 304 effective March 20, 1978; by SCO 345 § 7 effective April 1, 1979; by SCO 405 effective, nunc pro tunc, January 1, 1980; by SCO 467 effective June 1, 1981; and rescinded and repromulgated by SCO 614 effective January 1, 1985; amended by SCO 658 effective March 15, 1986; by SCO 888 effective July 15, 1988; by SCO 941 effective January 15, 1989; by SCO 962 effective July 15, 1989; by SCO 1017 effective January 15, 1990; by SCO 1156 effective July 15, 1994; by SCO 1314 effective July 15, 1998; by SCO 1320 effective July 15, 1998; corrected May 1998; and by SCO 1829 effective October 15, 2014)