ABA Journal

Model Rules of Professional Conduct

72 ABA Journal Model Rules of Professional Conduct articles.

Role of nonlawyer assistants in client intake addressed in new ABA ethics opinion

Lawyers may train nonlawyer legal assistants to handle client intake matters, but they must ensure that such assistants’ conduct is compatible with the lawyer’s professional obligations, including giving clients an opportunity to consult with the lawyer about questions, according to an ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility released Wednesday.

Jurisdiction and Choice of Law: Which state standard should apply?

Weekly Briefs: New ethics rule considered in Virginia; name partner launches new firm

Virginia proposes ban on agreements limiting ethics complaints

A proposed ethics rule in Virginia would ban lawyers from making agreements with clients or former clients that limit their right to…

New ABA ethics opinion warns about handling retainer and other fees

Lawyers may not generally avoid the obligation to place client funds into a trust account upon receipt, according to an ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility released Wednesday.

The ABA needs ideological diversity to ensure its future

A generation ago, nearly half of the lawyers in the United States were members of the American Bar Association. Today, that number is probably closer to 20%, if not lower. This decline is often attributed to an unwillingness of young attorneys to join civic organizations. Or perhaps lawyers no longer see tangible benefits from membership. Or maybe the dues are too high. All of these explanations ignore the elephant in the room—and I mean elephant in the figurative and political sense. The American Bar Association consistently skews to the political left. And this progressive mandate alienates conservative lawyers.

Are you prepared to address these sleeper ethics issues?

Although attorneys are expected to stay up to date with rules of professional conduct, there are enough obscurities, misperceptions and misunderstandings to fill an entire seminar. Here are some of the biggest red flags.

Fictional ABA Techshow hearing tackles hot-button issue on amending rules of professional conduct

Should states relax rules of professional conduct to address the access-to-justice crisis and make legal services more affordable? On Friday, a panel of experts took on that question during a fictional hearing at the second and final keynote at this year’s ABA Techshow at the Hyatt Regency Chicago.

Choice-of-law questions for state ethics rules examined in new ABA opinion

Lawyers admitted to multiple jurisdictions may be subject to different ethical requirements in the different states in which they are licensed to practice law, according to a new ABA ethics opinion.

Should it be an ethical obligation to report other lawyers?

Lawyers are often in the best position to know about the misconduct of other lawyers. Most states have adopted the language of ABA Model Rule 8.3, which triggers a mandatory reporting obligation. But not all states have the requirement.

Using N-word at home is not lawyer ethics violation, hearing committee says

A now-former judge who used the N-word in a video taken at her home did not violate lawyer ethics rules, according to a hearing committee of the Louisiana Attorney Disciplinary Board.

‘Reply all’ in electronic communications can imply consent, new ABA ethics opinion says

Lawyers who copy their clients on emails and other forms of electronic communications when messaging a lawyer representing someone in the same matter have given implied consent to receiving a “reply all” response back from the recipient counsel, absent special circumstances, according to a new ethics opinion from the ABA.

Madison Square Garden misinterpreted ethics rules when it banned firm’s lawyers from venues, suit says

Updated: The Madison Square Garden Entertainment Corp. violated New York law when it used a “flimsy” ethics rationale to ban nearly 60 lawyers from Madison Square Garden venues, according to a lawsuit filed last week.

Utah’s reforms offer model for serving low-income and indigent people, report suggests

The Utah model of reform allowing nonlawyers to offer legal services could be “critical” to serving people who can’t afford them, according to a Stanford Law School study published Tuesday.

Pro se lawyers must follow ‘no-contact’ rule, new ABA ethics opinion says

Pro se lawyers may not directly contact an opposing litigant if that person is represented by counsel.

Lawyers can hold cryptocurrency in escrow for clients, with safeguards, state ethics opinion says

Lawyers may hold cryptocurrency in escrow for clients, but they must have technical competence and safeguard against losses, according to an Ohio ethics opinion.

Read more ...