ABA Journal

Model Rules of Professional Conduct

64 ABA Journal Model Rules of Professional Conduct articles.

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.

Sharing fees with nonlawyers is inconsistent with profession’s ‘core values,’ ABA House says

Additional language reaffirmed the “core values” in the ABA’s Model Rule of Professional Conduct 5.4. and said that “nothing in the resolution” should be interpreted as undermining a 2020 House resolution that encouraged regulatory innovation to expand access to justice.

Avoiding Unlawful Client Solicitation: Attorneys must ensure subordinates know the dos and don’ts

Most attorneys understand they must refrain from improper solicitation of potential clients for pecuniary gain, but a new formal opinion clarifies that practitioners must go even further. Beyond their own actions, lawyers are obligated to train their employees to avoid similarly unlawful solicitous behavior.

Should the Model Rules have a due diligence standard for money laundering?

In recent years, concerns have arisen over whether attorneys have failed to exercise due diligence in ensuring their clients are not engaged in money laundering. Those concerns escalate when the money laundering may be tied to the financing of terrorism-related activities.

Appeals court voids firm fee imposed on departing lawyers who take clients with them

The Colorado Court of Appeals has addressed two issues of first impression that relate to law firm agreements that aim to prevent departing attorneys from taking clients with them.

Lawyers should be able to practice law in any state, says group urging ABA model rule change

The ABA should change its model rules to allow licensed lawyers to provide legal services in any state, according to a proposal by a group of more than 400 lawyers and law professors who provide advice on legal ethics matters.

Lawyers have an obligation to ensure employees don’t solicit clients, new ABA ethics opinion says

Attorneys not only must refrain from engaging in improper direct solicitation of potential clients, but there is also an ethical responsibility to ensure that employees or others hired by the lawyers do not engage in such misconduct.

New law allows this state’s judges to personally solicit campaign donations; ethics opinion adds wrinkle

A new Tennessee law allows judges to personally solicit and accept campaign contributions, but judicial candidates should “be mindful” of other ethics rules that could be implicated, according to a March 29 ethics opinion.

Hawaii joins states that mandate lawyers’ competence in technology

Hawaii has become the latest state to adopt the duty of technology competence for lawyers.

Stayed suspension recommended for Taft Stettinius partner who allegedly had sex with client

Updated: A partner at Taft Stettinius & Hollister's Columbus, Ohio, office, should receive a stayed suspension for allegedly having sex with a client, according to a recommendation by the Ohio Supreme Court’s Board of Professional Conduct.

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