(SCO 1123 effective July 15, 1993;

rescinded and repromulgated by SCO 1680 effective April 5, 2009; amended by SCO 1984 effective October 5, 2022) ALASKA COMMENT Definition of “Firm” For purposes of the Rules of Professional Conduct, the term “firm” denotes lawyers in a law partnership, professional corporation, sole proprietorship, or other association authori- zed to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization. See Rule 9.1(e). Whether two or more lawyers constitute a firm within this definition can depend on the specific facts. See Rule 9.1, COMMENTS. Principles of Imputed Disqualification The rule of imputed disqualification stated in paragraph (a) gives effect to the principle of loyalty to the client as it applies to lawyers who practice in a law firm. Such situations can be considered from the premise that a firm of lawyers is essentially one lawyer for purposes of the rules governing loyalty to the client, or from the premise that each lawyer is vicariously bound by the obligation of loyalty owed by each lawyer with whom the lawyer is associated. Paragraph (a) operates only among the lawyers currently associated in a firm. When a lawyer moves from one firm to another, the situation is governed by Rules 1.9(b) and 1.10(b). The rule in paragraph (a) does not prohibit representation where neither questions of client loyalty nor protection of confidential information are presented. Where one lawyer in a firm could not effectively represent a given client because of strong political beliefs, for example, but that lawyer will do no work on the case and the personal beliefs of the lawyer will not materially limit the representation by others in the firm, the firm should not be disqualified. On the other hand, if an opposing party in a case were owned by a lawyer in the law firm, and others in the firm would be materially limited in pursuing the matter because of loyalty to that lawyer, the personal disqualification of the lawyer would be imputed to all others in the firm. lawyer who has formerly served as a public officer or employee of the government: PROFESSIONAL CONDUCT