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Topic: American Bar Association Model Rules of Professional Conduct

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	Sacramento Lawyer: Ethics - November / December 2002
		The Commission is required to study the rules in their entirety, taking into consideration the Final Report and Recommendations of the American Bar Association's Ethics 2000 Commission and the American Law Institute's Restatement of the Law 3d, The Law Governing Lawyers, as well as other authorities relevant to the development of professional responsibility standards.
		Professional conduct rules for California lawyers may be found in the Business and Professions Code (e.g., The State Bar Act), the Code of Civil Procedure, Evidence Code, Family Code, Labor Code, and Probate Code.
		Missing from the California rules is an officially sanctioned effort to explain the marked differences between the ABA Model Rules and the California Rules of Professional Conduct.
	www.sacbar.org /members/saclawyer/nov_dec2002/ethics.html (1153 words)

	arpc2005
		The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation.
		Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.
		In exercising the discretion conferred by this Rule, the lawyer may consider such factors as the nature of the lawyer's relationship with the client and with those who might be injured by the client, the lawyer's own involvement in the transaction and factors that may extenuate the conduct in question.
	courts.state.ar.us /opinions/2005a/20050303/arpc2005.html (18569 words)

	Voluntary Pro Bono Legal Services
		The Minnesota State Bar Association, at its June 1995 session, resolved to petition the Supreme Court to adopt Model Rule 6.1 of the American Bar Association's Model Rules of Professional Conduct.
		The Rules are partly obligatory and disciplinary, and partly descriptive of a lawyer's professional role.
		The proposed Model Rule provides a goal for which to strive, outlines suggestions for how that goal may be attained, and continues to emphasize that while the obligation is personal to every attorney, the fulfillment of that obligation remains voluntary.
	www.courts.state.mn.us /lprb/95bbarts/bb1095.html (1076 words)

	Ethics Opinions - FORMAL OPINION NO. 1993-128
		Rules 1-120 and 3-310 of the California Rules of Professional Conduct of the State Bar of California.
		American Bar Association Model Rule 1.11(a)(1) provides that no lawyer in a firm with which the former government attorney is associated may represent the client unless the disqualified lawyer is screened from any participation in the matter and receives no part of the fee generated by the representation.
		Model rule 1.11(a)(1) further provides that X must be apportioned no part of the fees derived by ABC from its representation of Acme.
	www.calbar.ca.gov /calbar/html_unclassified/ca93-128.htm (1967 words)

	New Mexico Rules of Professional Conduct
		The 1992 amendments and additions to the Rules of Professional Conduct were prepared in substantial part by a State Bar task force on the regulation of advertising, with input from the New Mexico Trial Lawyers Association.
		The goal of this State Bar task force was to prepare and submit to the Supreme Court of New Mexico amendments to the present advertising rules which would give better guidance to lawyers as to what constitutes permissible and impermissible forms of legal advertising and solicitations.
		The proposed rule does not conflict with the United States Supreme Court's recent decision in Shapero because, unlike Shapero, the rule: (1) does not prohibit direct, written solicitation in all areas of the law; (2) serves substantial state interests; and (3) the restriction is carefully tailored to meet those state interests.
	chrome.law.cornell.edu /ethics/nm/code/CRule_7.1.htm (1829 words)

	Maryland Legal Ethics
		The Maryland Lawyers' Rules of Professional Conduct took effect on January 1, 1987, after being submitted for approval to the Court of Appeals of Maryland by the Select Committee to Study the American Bar Association Model Rules of Professional Conduct.
		Two major areas of investigation for violations of the Rules of Professional Conduct were lack of diligence or communication (23.91%) and lack of competent representation (17.46%); dishonesty, fraud, deceit or misrepresentation constituted the area of Rule violations investigated in approximately 10% of the docketed files.
		The Rules Committee is also considering a proposed rule change that would allow Bar Counsel to enter a probation agreement based on a pre-agreed statement of facts that would become binding on the attorney in the event of a default on the terms of the agreement.
	www.law.cornell.edu /ethics/md/narr/MD_NARR_0.HTM (6069 words)

	NALA Model Standards
		The Model sets forth minimum education, training and experience through standards which will assure that an individual utilizing the title "legal assistant" or "paralegal" has the qualifications to be held out to the legal community and the public in that capacity.
		Additionally, and notwithstanding that the Rules are not binding upon non-lawyers, the very nature of a legal assistant's employment imposes an obligation not to engage in conduct which would involve the supervising attorney in a violation of the Rules.
		Conduct client interviews and maintain general contact with the client after the establishment of the attorney-client relationship, so long as the client is aware of the status and function of the legal assistant, and the client contact is under the supervision of the attorney.
	www.nala.org /98model.htm (4115 words)

	Model Rules: 1.0 - 1.4
		A group of lawyers could be regarded as a firm for purposes of the Rule that the same lawyer should not represent opposing parties in litigation, while it might not be so regarded for purposes of the Rule that information acquired by one lawyer is attributed to another.
		Rule 28 of the American Bar Association Model Rules for Lawyer Disciplinary Enforcement (providing for court appointment of a lawyer to inventory files and take other protective action in absence of a plan providing for another lawyer to protect the interests of the clients of a deceased or disabled lawyer).
		Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client.
	law.gsu.edu /ccunningham/PR/MR-1-0to1-4.htm (4541 words)

	Disbarment - Wikipedia, the free encyclopedia
		Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, such as being convicted of a felony, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice.
		In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar in another jurisdiction.
		However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.
	en.wikipedia.org /wiki/Disbarment (192 words)

	Model Rules of Professional Conduct (2004) (Site not responding. Last check: 2007-08-10)
		A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom.
		Rule 3.5 Impartiality and Decorum of the Tribunal
		(2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct.
	www.law.cornell.edu /ethics/aba/current/ABA_CODE.HTM (11510 words)

	The MPRE (Site not responding. Last check: 2007-08-10)
		In February 2002 the American Bar Association (ABA) adopted certain changes to the Model Rules of Professional Conduct (MRPC) as a result of the recommendations of the Commission on Evaluation of the Rules of Professional Conduct (popularly known as "Ethics 2000").
		The Multistate Professional Responsibility Examination (MPRE) is assembled and administered by ACT, Inc., on behalf of the National Conference of Bar Examiners as partial fulfillment of the requirements for application for admission to practice law in jurisdictions that require the MPRE.
		The purpose of the NCBE Multistate Professional Responsibility Examination (MPRE) is to measure the examinee's knowledge and understanding of established standards related to a lawyer's professional conduct; thus, the MPRE is not a test to determine an individual's personal ethical values.
	www.ncbex.org /tests/mpre/mpretxt.htm (2155 words)

	Indiana State Bar Association Online
		Approximately one year ago, the Indiana State Bar Association established the Ethics 2000 Task Force to review the Indiana Rules of Professional Conduct in light of the substantial changes made to the American Bar Association Model Rules of Professional Conduct by the ABA Ethics 2000 Commission.
		By having rules, which are similar to those of other states, we have additional law from which to draw to interpret the Indiana Rules of Professional Conduct.
		Generally, the task force believes that the changes to the Indiana Rules of Professional Conduct which are being proposed provide much more assistance to the lawyer by adding a tremendous number of new comments and adding clarity through the reorganization of several of the rules.
	www.inbar.org /content/news/new.asp?art=527 (1017 words)

	Changes to the Professional Conduct Rules in the Works
		Last year the MSBA formed the Task Force on the Model Rules of Professional Conduct to review the changes to the model rules and recommend which of those changes ought to be adopted in Minnesota.
		Amendments to Rules 1.5, 1.15 and 1.16 are proposed to incorporate language from LPRB Opinions 9, 12, 13, and 15.
		The task force is proposing the adoption of a new rule, Rule 1.18, dealing with conflicts of interest and confidentiality issues arising out of meetings with prospective clients who do not ultimately retain the attorney with whom they met.
	www.courts.state.mn.us /lprb/fc03/fc060203.html (806 words)

	Researching Professional Responsibility Issues
		Many states base their rules on the American Bar Association Model Rules of Professional Conduct (the ABA rules are only models - - the rules of the individual jurisdiction govern).
		State rules of professional conduct are found in various places, such as in a state’s rules of court or its annotated statutes.
		The RPC are published in: the September issue of the Florida Bar Journal; West’s Florida Rules of Court; Volume 35 of Florida Statutes Annotated; and Professional Ethics of The Florida Bar (Florida Bar's Publications Department).
	www.fcsl.edu /library/startpoints/researching_profresp.htm (718 words)

	Nixon's Views on Presidential Power, United States v. Nixon (1974), Landmark Supreme Court Cases
		The American Bar Association is a voluntary professional organization with 400,000 members that assists lawyers and judges in their work and promotes efforts to improve the legal system.
		Bar examiners increasingly added Professional Responsibility to those subjects tested on the bar exam, tests required for a lawyer to get licenses in a particular state.
		The American Bar Association, which had only a few years earlier adopted the Model Code of Professional Responsibility, also embarked on a project that would lead to the wholesale revision of the Code.
	www.landmarkcases.org /nixon/watergate.html (725 words)

	American Bar Association Model Rules of Professional Conduct - Wikipedia, the free encyclopedia
		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
		Pre-2002 Changes to the Model Rules since its adoption in 1983 from Cornell Law School
	en.wikipedia.org /wiki/American_Bar_Association_Model_Rules_of_Professional_Conduct (122 words)

	Regional Attorneys' Manual (Site not responding. Last check: 2007-08-10)
		American Bar Association Model Rule of Professional Conduct 3.6, Trial Publicity, addresses the type of information appropriate to disclose about a case in litigation.
		In sum, the rule provides that a lawyer participating in litigation of a matter should refrain from making extrajudicial statements that the lawyer knows or reasonably should know will become public information and will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
		Model Rule 3.6 expressly permits, notwithstanding possible prejudice, a statement of the claim or defense involved, information in a public record, the scheduling or result of any step in litigation, and requests for assistance in obtaining information.
	www.eeoc.gov /litigation/manual/1-1-c_dissemin_of_info.html (2302 words)

	Catch-22 of Model Rule 8.3, The Georgetown Journal of Legal Ethics, The - Find Articles
		No government agency monitors lawyers' behavior, leaving the job of regulating conduct and punishing offenders to various state boards of professional conduct and to attorneys themselves.
		For example, in 1996, the Chicago Bar Association alone prosecuted 297 cases of alleged attorney misconduct, nineteen percent of which were reported by other attorneys.1 This statistic demonstrates that the duty to report is one taken seriously in the profession and that its members are committed to upholding the ethical standards of the bar.
		Rule 8.3 of the American Bar Association (ABA) Model Rules of Professional Conduct (Model Rules) requires an attorney to report misconduct of another attorney in certain instances.
	www.findarticles.com /p/articles/mi_qa3975/is_200207/ai_n9119385 (372 words)

	Arkansas Bar Association \| What's New
		The Arkansas Bar Association through its Professional Ethics Committee and the House of Delegates has reviewed the American Bar Association's Model Rules and made some changes culminating with the draft rules attached to its petition filed with this Court.
		Comments should be sent to the Clerk of the Supreme Court, Attention: Rules of Professional Conduct, Justice Building, 625 Marshall, Little Rock, AR 72201.
		The Association proposal was submitted on September 16, 2003 to the Supreme Court of Arkansas for its consideration and action.
	www.arkbar.com /whats_new/new_model_rules.html (718 words)

	ETHICS OPINIONS OF THE STATE BAR OF TEXAS
		The goal of the new Rules was to realign existing rules into a logical format, eliminate ambiguities and contradictions in the Code, and remove rules made obsolete by court decisions.
		The Rules are mandatory in nature and provide a minimum standard of professional conduct that, if violated, may subject the lawyer to disciplinary action.
		The rules that apply to all professional disciplinary and disability proceedings are the Texas Rules of Disciplinary Procedure.
	library.law.smu.edu /resguide/txethics.htm (908 words)

	Ethics & the Rules of Professional Conduct, 246.01 (Site not responding. Last check: 2007-08-10)
		Ethics & the Rules of Professional Conduct, 246.01
		Ethics and the Rules of Professional Conduct (246.01)
		My primary goal is to provide you with a basic understanding of the American Bar Association Model Rules of Professional Conduct (MRPC), which form the basis for the practice of law in at least 43 states and the District of Columbia.
	www.law.duke.edu /curriculum/coursehomepages/Spring2005/246_01 (934 words)

	Iowa Supreme Court Order Re: Proposed Adoption of Model Rules (Site not responding. Last check: 2007-08-10)
		Upon careful consideration of the proposal and responses, the court concludes a new ethics framework should be adopted in Iowa, and that the Model Rules of Professional Conduct should be the primary source of that framework.
		Where the Model Rules are silent on a subject that traditionally has been regulated in Iowa, however, or where the existing Code provisions are clearly superior, the Code provisions should be carried over.
		An important concern to the court is that any rules adopted should carefully preserve the high level of professionalism now existing among the Bar of this state.
	personal2.stthomas.edu /GCSISK/ModelRulesPublicWeb/OrderreModelRules.html (382 words)

	Cleveland Bar Association
		In 2003, Chief Justice Thomas J. Moyer of the Ohio Supreme Court appointed a Task Force on Rules of Professional Conduct which is responsible for reviewing rules and standards governing the ethical conduct of Ohio attorneys and recommending appropriate changes in those rules to the Supreme Court.
		The Task Force has recommended using the format and structure of the American Bar Association Model Rules of Professional Conduct (Model Rules) as the basis for its work, and the Supreme Court has directed the Task Force to conduct its work in accordance with that recommendation.
		The Ethics & Professionalism Committee has been thoroughly reviewing the proposed rules circulated by the Task Force and has drafted comments on the proposed rules which the Cleveland Bar Association has adopted and sent to the Task Force for its consideration.
	www.clevelandbar.org /public_ethics.asp?id=118 (234 words)

	Texas Legal Ethics Research Guide
		Texas state attorney ethics rules are based on the American Bar Association Model Rules of Professional Conduct (KF305.A2 1996) and judicial ethics rules are based on the ABA Code of Judicial Conduct.
		The Texas Bar Association adopted the ABA Canons of Professional Ethics as modified in 1909.
		The Texas Disciplinary Rules of Professional Conduct begin with a Preamble, a description of the rules’ mandate.
	www.law.uh.edu /libraries/Publications/ResearchGuides/TexasLegalEthics.htm (757 words)

	IN THE SUPREME COURT OF IOWA (Site not responding. Last check: 2007-08-10)
		The Iowa Rules of Professional Conduct Drafting committee has requested additional time to present its report to this court, and has asked for clarification of several aspects of its charge.
		The drafting committee is granted to and including June 1, 2001 to file its report with this court.
		The drafting committee shall not address provisions of the American Bar Association's Model Rules of Professional Conduct or the Iowa Code of Professional Responsibility for Lawyers relating to lawyer advertising or confidentiality.
	personal2.stthomas.edu /GCSISK/ModelRulesPublicWeb/Order.10.01.html (115 words)

	Oklahoma Bar Association
		Rules Governing Admission To Practice Law In The State of Oklahoma
		Rules of the Supreme Court of the State of Oklahoma on Legal Internship
		Professional Conduct References in Oklahoma Federal Court Local Rules
	www.okbar.org /ethics/ethics.htm (78 words)

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