ABA Model Rules of Professional Conduct
Editors Introduction
ABA Model Rules of Professional Conduct – primary influence on the rules of professional conduct governing lawyers in US.
These are merely a model of rules for each state to consider . . . not binding
ABA – no power – except persuasive power
No state has adopted all of the rules, although most have adopted at least some
Rules are ancillary to judicial control over lawyers
Regulation of lawyers – for the most part – are by the state
Historical Background
ABA has amended at least one or two comment or rule every year
1969 Model Code was adopted by ABA and within a year all 50 states adopted it
1983 Model Rules were adopted because some of the model code was controversial
The ABA Ethics 2000 Commission
Ethics Commission Mission Statement = conducting a comprehensive study and evaluation of ethical and professionalism precepts of the legal profession and examining and evaluating the ABA Model Rules of Professional Conduct.
Ethics Commission has made significant changes on the Model Code
Sources and Modes of Enforcement of Professional Norms
Tort litigation (malpractice)
Fee claims (Contract or quasi-contract)
Disqualification motions
Contempt motions
– Civil
– Criminal
Criminal proceedings
Professional codes
Disciplinary proceedings
Reprimand
Public reprimand
Suspension
– For a definite period
– For an indefinite period
Disbarment
Preamble: A Lawyer’s Responsibilities
MPC Scope Note
Rules simply provide a framework for the ethical practice of the law
Substantive law determines whether a client-lawyer relationship exists
Failure to comply with rules is basis for disciplinary action in recognition that a lawyer often has to act upon uncertain or incomplete evidence
e client as to the means by which they are pursued
Rule 1.4(b) – A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation
Abide by a client’s decision whether to settle a manner
In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
A lawyer may:
Take such action on behalf of the client as impliedly authorized to carry out the representation
(b) A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.
