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Topic: American Bar Association Model Code of Professional Responsibility

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	AMERICAN BAR ASSOCIATION MODEL CODE OF PROFESSIONAL RESPONSIBILITY, ETHICAL CONSIDERATION 4-1 (Site not responding. Last check: 2007-11-02)
		AMERICAN BAR ASSOCIATION MODEL CODE OF PROFESSIONAL RESPONSIBILITY, ETHICAL CONSIDERATION 4-1
		It is for the lawyer in the exercise of his independent professional judgment to separate the relevant and important from the irrelevant and unimportant.
		The observance of the ethical obligation of a lawyer to hold inviolate the confidences and secrets of his client not only facilitates the full development of facts essential to proper representation of the client but also encourages laymen to seek early legal assistance.
	www.law.harvard.edu /publications/evidenceiii/articles/abamcpr.htm (183 words)

	Arizona Legal Ethics (Site not responding. Last check: 2007-11-02)
		The only significant revisions to the Arizona Rules of Professional Conduct that have been adopted since their initial promulgation have been to the provisions governing lawyer communications to prospective clients and lawyer advertising, Rules ER 7.1 through 7.4, which were amended initially in 1989, and then again in 1992.
		Finally, although neither the Model nor the Arizona Rules of Professional Conduct retained the prohibition on the appearance of impropriety contained in Canon 9 of the Code of Professional Responsibility, the Arizona Supreme Court has held that the "appearance of impropriety" standard survives as part of any analysis of a possible conflict of interest.
		Bar counsel is to conduct an initial evaluation of all information that comes to the State BarÍs attention, by charge or otherwise, alleging lawyer lack of professionalism, misconduct or incapacity.
	www.law.cornell.edu /ethics/az/narr/AZ_NARR_0.HTM (13616 words)

	Ethics Opinions - FORMAL OPINION NO. 1991-124
		American Bar Association Model Code of Professional Responsibility DR 7-105(A) is also analogous to the California rule.
		This opinion is issued by the Standing Committee on Professional Responsibility and Conduct of the State Bar of California.
		A member of the State Bar shall not threaten to present criminal, administrative or disciplinary charges to obtain an advantage in a civil action nor shall he present or participate in presenting criminal, administrative or disciplinary charges solely to obtain an advantage in a civil matter.
	www.calbar.ca.gov /calbar/html_unclassified/ca91-124.html (697 words)

	Code of Professional Responsibility (Site not responding. Last check: 2007-11-02)
		When a lawyer is appointed by a court or requested by a bar association to undertake representation of a person unable to obtain counsel, whether for financial or other reasons, he or she should not seek to be excused from undertaking the representation except for compelling reasons.
		The essence of the professional judgment of the lawyer is his or her educated ability to relate the general body and philosophy of law to a specific legal problem of a client; and thus, the public interest will be better served if only lawyers are permitted to act in matters involving professional judgment.
		The responsibility of a public prosecutor differs from that of the usual advocate; his or her duty is to seek justice, not merely to convict.
	court.nol.org /rules/Profresp_31.htm (19538 words)

	Modrall Sperling :: New Mexico Legal Ethics
		While many of a lawyer's professional responsibilities are prescribed in the New Mexico Rules of Professional Conduct, a lawyer is to act within a larger legal context that includes licensing rules and statutes, laws defining specific obligations of lawyers, substantive and procedural law in general, a lawyer's personal conscience, and the approbation of professional peers.
		It is the obligation of the organized bar and the individual lawyer to give unstinted cooperation and assistance to the Supreme Court, and its agency, the Disciplinary Board, in discharging its function and duty with respect to discipline and in purging the profession of the unworthy.
		The chair is responsible for the maintenance of a docket or other control of all formal charges instituted, the expedition of the proceedings and the assembly and preservation of the record of all proceedings.
	www.modrall.com /articles/article_141.html (14326 words)

	CWRU General Bulletin 93-95
		In addition to the University's rules of conduct, law students are expected to comply with the American Bar Association's Model Code of Professional Responsibility and Model Rules of Professional Conduct, to the extent that these are applicable, and with the law school's own Code of Conduct.
		The Model Code and Model Rules are available in the law library.
		The school's Code of Conduct, like the Academic Regulations, is published in the Student Handbook.
	www.cwru.edu /bulletin/93_95/Law/regulations.htm (114 words)

	Notes - Model Code of Professional Responsibility (Site not responding. Last check: 2007-11-02)
		From a profession charged with these responsibilities there must be exacted those qualities of truth-speaking, of a high sense of honor, of granite discretion, of the strictest observance of fiduciary responsibility, that have, throughout the centuries, been compendiously described as 'moral character.' "Schware v.
		It would be a manifest injustice to allow the client to take advantage of the rule of exclusion as to professional confidence to the prejudice of his attorney, or that it should be carried to the extent of depriving the attorney of the means of obtaining or defending his own rights.
		It is true that because of his professional responsibility and the confidence and trust which his client may legitimately repose in him, he must adhere to a high standard of honesty, integrity and good faith in dealing with his client.
	www.law.cornell.edu /ethics/aba/mcpr/NOTES.HTM (15153 words)

	The Contingent Fee, Breathing Life into America's Justice System, by Barry Nace (Site not responding. Last check: 2007-11-02)
		As the American Bar Association's Model Code of Professional Responsibility observes, contingent fees "often, and in variety of circumstances, provide the only practical means by which one having a claim against another can economically afford, finance, and obtain the services of a competent lawyer to prosecute his claim…" [7]
		In additon the institute points out that the Model Code states: "[A] lawyer, because he is in a better position to evaluate a cause of action, should eneter into a contingent fee arrangement only in those instances where the arrangement will be beneficial to the client." [13]
		Injured Americans, by vindicating their rights in the courts, have forced the redesign or recall of defective automobiles and heart valves, flammable children's clothing, and dangerous toys.
	www.paulsonandnace.com /r_articles14.html (1970 words)

	USB EAOC Opinion 139
		Opinion: Under Rule of Professional Conduct 5.4(a)(3), a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, which may be based upon a percentage of the net or gross income of the firm, so long as compensation is not tied to receipt of particular fees.
		Prior to 1988, the Code of Professional Responsibility, based on the American Bar Association Model Code of Professional Responsibility, was in effect in Utah.
		The rationale for this proscription was to avoid encouraging a nonlawyer to engage in the practice of law and to assure professional control over the representation of clients.
	www.utahbar.org /rules_ops_pols/ethics_opinions/op_139.html (772 words)

	American Bar Association Model Rules of Professional Conduct - Wikipedia, the free encyclopedia
		American Bar Association Model Rules of Professional Conduct
		ABA Model Rules of Professional Conduct, created by the American Bar Association (ABA), is a set of professional standards to guarantee the minimum legal ethics and professional responsibility of lawyers in the United States.
		American Bar Association Model Code of Professional Responsibility
	en.wikipedia.org /wiki/American_Bar_Association_Model_Rules_of_Professional_Conduct (122 words)

	University of Baltimore School of Law Library Professional Responsibility Bibliography (Site not responding. Last check: 2007-11-02)
		Model code of professional responsibility and code of judicial conduct: as amended August, 1980.
		[s.l.]: ABA Committee on Ethics and Professional Responsibility, 1977.
		Opinions of the Committee on Professional Ethics, with the Canons of professional ethics, annotated, and Canons of judicial ethics, annotated.
	law.ubalt.edu /lawlib/bibs/proresp.html (1081 words)

	Marston Article (Site not responding. Last check: 2007-11-02)
		See Mary Louise Rutherford, the Influence of the American Bar Association on Pub lic Opinion and Legislation 89 (1937) ("The foundation of the Canons of Ethics, adopted by the [American] Bar Association in 1908, was the Code of Ethics adopted by the Alabama State Bar Association December 14, 1887, formulated by Judge Thomas Goode Jones.
		The need for ethical codes did not merely reflect the professionalization of the legal community; it was also a reaction to the rapid democratization of the profession in the late decades of the nineteenth century.
		Code of Ethics No. 21, supra note 116, at 357.] Jones' use of the word "secrecy," which was later adopted by the ABA, is the foundation of the contemporary lawyer's duty of confidentiality, which extends beyond the reach of the common-law based attorney-client privilege.
	www.law.ua.edu /lawreview/marston.htm (11893 words)

	Ethics Opinions from the Bar Association of San Francisco
		It is proper for an attorney to allow or encourage his or her client to attempt to resolve a dispute by communicating directly with an opposing party, so long as the client is not directly or indirectly acting as an agent of the attorney.
		Rule 7-103 of the State Bar Rules of Professional Conduct proscribes a member of the State Bar from communicating directly or indirectly with a party who the member knows to be represented by other counsel upon a subject of controversy without the express consent of such counsel.
		This rule is derived from former Rule 12 and the American Bar Association Model Code of Professional Responsibility DR7-104.
	www.sfbar.org /ethics/opinion_informal1985-1.aspx (485 words)

	Articles From IEEE Engineering in Medicine and Biology Magazine
		The professional codes that govern lawyers are detailed guides to behavior and are adopted as law in most states.
		Despite these perfunctory codes, legislatures are content to allow physicians to establish their own standards of behavior as long as physician behavior does not offend public sensibilities.
		The establishment of a code of professional responsibility for researchers is long overdue and would substantially enhance the stature of the profession.
	biotech.law.lsu.edu /ieee/ieee11b.htm (326 words)

	Virginia Peninsula Paralegal Association
		These Educational Standards and Professional Responsibility Guidelines are intended to serve as a general guide embracing the qualifications and assignments of the paralegal.
		The Virginia Alliance of Paralegal Associations (formerly the Virginia Alliance of Paralegal Associations), formed in 1989, is comprised of paralegal associations and individual area liaisons located within the Commonwealth of Virginia.
		These Educational Standards and Professional Responsibility Guidelines have been promulgated to assure the public and the legal profession that, in addition to good moral character and professionalism, an individual must meet certain standards to attain the identification of paralegal, and must perform competently under established guidelines.
	www.vappa.org /guidelines.html (1405 words)

	SurfWax: News, Reviews and Articles On Code Of Professional Responsibility
		The defense team quoted from the American Bar Association's Code of Professional Responsibility, stating, "The role of the advocate and of a witness are inconsistent; the function of an advocate is to advance or argue the case of another, while that of a witness is to state facts objectively.".
		The private, nonprofit state Bar Association is authorized by the Washington State Supreme Court to license and regulate the state's 28,800 lawyers, and serves as their professional association.
		Disciplinary rules are part of the code of professional responsibility, as dictated by the Ohio Supreme Court, the licensing agency for attorneys.
	www.lawkt.com /files/Code_Of_Professional_Responsibility.html (2502 words)

	Ethics Opinon 1983-4, San Diego County Bar Association
		The essence of the professional judgment of the lawyer is his educated ability to relate the general body and philosophy of law to a specific legal problem of a client; and thus, the public interest will be better served if only lawyers are permitted to act in matters involving professional judgment.
		Where this professional judgment is not involved, non-lawyers, such as court clerks, police officers, abstracters, and many governmental employees, may engage in occupations that require a special knowledge of law in certain areas.
		Nevertheless, the lawyer who becomes a partner in the agency would obviously be exercising his professional judgment as to the wisdom of such filing or service in all cases in which he had any involvement.
	www.sdcba.org /ethics/ethicsopinion83-4.html (734 words)

	TN Links
		The 2004 and later revisions to the Rules may be obtained from Tennessee Standing Committee on Ethics and Professional Responsibility or the Board of Professional Responsibility, 1101 Kermit Drive - Suite 730, Nashville, TN 37217; (615) 361-7500 ; (800) 486-5714.
		In Tennessee, in a suit against an attorney for professional negligence, the plaintiff must prove three things in order to recover: (1) the employment of the attorney; (2) neglect by the attorney of a reasonable duty; (3) damages resulting from such neglect.
		An attorney's actions are measured against the degree of care, skill, and diligence which is commonly possessed and exercised by attorneys practicing in the same jurisdiction.
	www.bucklin.org /Research/tn_links.htm (679 words)

	What is the definition of conflict of interest?
		The American Bar Association Model Code of Professional Responsibility and Model Rules of Professional Conduct cover differing areas of situations.
		The ABA Model Rules require that the client consent of attorney representation occur after full disclosure and consultation.
		The AMA Model Rules state that such conduct is not improper unless the two cases are pending in the same court, otherwise it is considered acceptable.
	ct.essortment.com /whatisdefintio_ritd.htm (572 words)

	Madison Area Paralegal Association (Site not responding. Last check: 2007-11-02)
		It is the responsibility of every paralegal or legal assistant to adhere strictly to the accepted standards of legal ethics and to live by general principles of proper conduct.
		A paralegal/legal assistant shall not act in matters involving professional legal judgment as the services of a lawyer are essential in the public interest whenever the exercise of such judgment is required.
		A paralegal/legal assistant is governed by the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct.
	www.madisonparalegal.org /index.asp?menuID=136 (471 words)

	American Bar Association: Center for Professional Responsibility : Model Rules of Professional Conduct (Site not responding. Last check: 2007-11-02)
		The ABA Model Rules of Professional Conduct, including Preamble, Scope and Comment, were adopted by the ABA House of Delegates on August 2, 1983, and amended in 1987, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1997, 1998, 2000, 2002 and 2003.
		This online version is current and includes changes made pursuant to the recommendations of the ABA Ethics 2000 Commission, the ABA Commission on Multijurisdictional Practice, the ABA Task Force on Corporate Responsibility and the ABA Standing Committee on Ethics and Professional Responsibility.
		Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.
	www.abanet.org /cpr/mrpc/mrpc_home.html (127 words)

	CNN.com - Transcripts
		The California rules of professional conduct, and the American Bar Association model code of professional responsibility prevent me or my office from discussing certain information during the pendency of a criminal matter.
		Special circumstance is a provision in the California penal code which makes a murder case eligible for consideration for the death penalty.
		As previously stated, the state and federal regulations and rules of professional conduct prevent me from further commenting on the case at this time.
	edition.cnn.com /TRANSCRIPTS/0304/21/se.03.html (545 words)

	Wrongful Discharge (Site not responding. Last check: 2007-11-02)
		In declaring the above policy regarding the right to maintain a cause of action for wrongful discharge, ACCA does not suggest that in-house counsel can be discharged in violation of state or federal laws, such as those prohibiting discrimination.
		Under the Code of Professional Responsibility, the American Bar Association Model Code of Professional Responsibility, State Codes of Professional Responsibility, and a general need to permit a client, including a corporate employer, to communicate with its attorney, protection of the attorney-client privilege is mandated both during the attorney-client relationship and after it has been terminated.
		In addition, corporate clients must take all reasonable steps to insure that in-house counsel can abide by his or her ethical obligations of maintaining his or her professional relationship of trust without undue personal hardship.
	www.acca.com /public/accapolicy/wrongful.html (234 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		The court found that at the time recordings were made the government knew petitioner to be represented by counsel.
		Therefore, the court held, by contacting petitioner through an informant without the consent of petitioner's counsel, the government violated Disciplinary Rule 7-104(A)(1) of the American Bar Association's Model Code of Professional Responsibility, which was incorporated by reference in the local rules of the district court.
		The court also found that the government had failed to establish that petitioner had "waived any rights he possessed" by revealing information to the informant.
	www.usdoj.gov /osg/briefs/1990/sg900839.txt (467 words)

	Objectives (Site not responding. Last check: 2007-11-02)
		To promote networking among association members, the National Association of Legal Assistants, Inc., and members of the legal community.
		A legal assistant is governed by the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct.
		NALA cooperates with local, state and national bar associations in setting standards for legal assistants.
	www.wdala.org /Objectives.htm (226 words)

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