ABA Journal

Model Rules of Professional Conduct

83 ABA Journal Model Rules of Professional Conduct articles.

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.

What are your confidentiality obligations to prospective clients? New ABA ethics opinion weighs in

Lawyers owe duties of confidentiality not only to existing and former clients but also to prospective clients. These duties of confidentiality are covered in Model Rules 1.6 (existing), 1.9 (former) and 1.18 (prospective), respectively, of the ABA Model Rules of Professional Conduct.

Proposal would require New Jersey lawyers to reveal client information showing wrongful conviction

An ethics proposal in New Jersey would create an exception to the duty of client confidentiality when a lawyer has information that an innocent person has been wrongly incarcerated.

Ethics and civil procedure are most important knowledge areas for new lawyers, survey says

A survey of nearly 15,000 lawyers sought to determine what knowledge, skills and abilities are needed by newly licensed attorneys.

To increase access to justice, regulatory innovation should be considered, ABA House says

The ABA House of Delegates passed a controversial resolution Monday to address the crisis of access to civil justice, encouraging states to adopt regulatory innovations to expand legal services to more Americans.

What will it mean for law schools if states ease UPL restrictions?

If states adopt regulations that allow people to practice some forms of law without a JD, that could decrease the pool of law school applicants. But it also might result…

The ethics argument for promoting equality in the profession

Recognizing a lawyer’s ethical obligation to promote diversity bridges the gap between the moral case for diversity and the business case for diversity. It invokes shared values and professional responsibility. To establish that, we have the obligation and the agency to pursue liberty and justice for all, within and outside our practices.

Did DLA Piper shield partners on a top 10 list? New allegations surface in EEOC case

Updated: Former DLA Piper partner Louis Lehot had so much power from his status as a rainmaker that higher-ups at the law firm were reluctant to cross him, according to allegations by a former professional responsibility counsel at the law firm.

Do you or your firm have activities planned for the National Celebration of Pro Bono?

Pro bono work can be one of the most rewarding experiences in life for a lawyer.

ABA Model Rule 6.1 says: “Every lawyer, regardless of professional prominence or professional…

Split intensifies over prosecutors’ ethical disclosure duties

States remain split on whether a prosecutor’s ethical duties for disclosures in a criminal case should extend beyond their constitutional obligations set by the U.S. Supreme Court. Most recently, the Tennessee Supreme Court vacated a formal ethics opinion that determined a prosecutor’s ethical duties were more expansive than those required under the Supreme Court’s decision in Brady v. Maryland in 1963.

Lawyer reprimanded for discriminatory statements about Chinese optometrist

A New Jersey lawyer was reprimanded Friday for demeaning and discriminatory statements about the Chinese culture in a letter to a medical malpractice defendant.

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