Model Rules of Professional Conduct

32 ABA Journal Model Rules of Professional Conduct articles.

How can lawyers balance materially adverse interests? New ABA ethics opinion explores
Conflicts of interest remain a paramount ethical concern, as lawyers owe a duty of loyalty to clients. Rule 1.7 of the ABA Model Rules of Professional Conduct prohibits lawyers from having conflicts of interest between existing clients, but lawyers also often owe a duty of loyalty to former clients under Rule 1.9 and prospective clients under Rule 1.18.
Lawyers must use caution when responding to negative online reviews, new ethics opinion says
Lawyers are frequent targets of criticism and sometimes that criticism takes place in the form of negative reviews online. As such, lawyers must be careful not to violate the duty of confidentiality when responding to negative online reviews. The ABA’s Standing Committee on Ethics and Professional Responsibility advises that the best response is often no response at all.
Ethics attorneys hopeful COVID-19 will prompt changes in remote working rules

The continued spread of COVID-19 has resulted in lawyers across the country working remotely for months on end, including in jurisdictions where they are not licensed to practice law. While this trend prioritizes public health and provides workers with increased flexibility, it could also raise ethical issues for some attorneys.

What are ethics issues for lawyers practicing remotely from a different state during the pandemic?
During the COVID-19 pandemic, more and more lawyers have worked remotely from home and practiced law primarily through electronic means. Some of these lawyers live in a different state than where they are licensed to practice law.
Judge blocks ethics rule banning bias by lawyers, warns of arbiters deciding ‘who and what offends’
A federal judge in Philadelphia has cited the First Amendment in blocking a Pennsylvania ethics rule that bans lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.
Hundreds of lawyers call for ethics probes of attorneys for election fraud claims; are bar charges likely?
Two former presidents of the ABA are among a group of more than 1,500 lawyers who are calling for ethics probes of lawyers making claims of widespread election fraud.
Afternoon Briefs: 25 former DC bar leaders decry election suits; ousted 1L presses due process claim

25 ex-DC bar leaders decry election suits

Twenty-five former presidents of the District of Columbia Bar are criticizing lawyers who attacked the electoral process through unfounded allegations of voter fraud…

Model rule revision allows attorneys to help pro bono clients in need

Daniel Greenberg became interested in amending ABA Model Rule 1.8(e) when he realized he’d been in violation of it his entire career.

When are personal relationships with opposing counsel conflicts? New ABA ethics opinion weighs in

Lawyers’ personal relationships with opposing counsels may create a conflict under the ABA Model Rules of Professional Conduct, according to a new ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility.

Suit claims anti-bias ethics rule infringes lawyer’s free speech rights
A Philadelphia lawyer has filed a First Amendment challenge to Pennsylvania’s new ethics rule barring manifestations of bias or prejudice in the practice of law.
Judges must ensure defendants can afford court costs before imposing fines and fees

Judges must take steps to ensure individuals have the ability to pay criminal justice debt before threatening incarceration, revoking probation, exercising contempt powers or considering similar consequences, according to Formal Opinion 490 from the ABA’s Standing Committee on Ethics and Professional Responsibility.

Should there be an Aspen Dental equivalent for lawyers? Task force backs rule changes
"Antiquated" legal ethics rules are interfering with access to justice and a more sustainable legal profession, according to a bar association task force.
New formal ethics opinion gives additional guidance on harassment and discrimination

The ABA Standing Committee on Ethics and Professional Responsibility released additional guidance Wednesday on one of the most debated rules of professional conduct in recent memory.

New York court system’s admin board lifts ban on law firm trade names
The New York court system’s administrative board has lifted the ban on law firms advertising their services under trade or domain names.
The new world of litigating workplace disputes with social media

Social media has undoubtedly changed the way we communicate, receive news and stay connected in our personal lives. But social media is a headache, once we consider legal and compliance best practices when such interactions in the workplace go awry.

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