American Bar Association Model Rules of Professional Conduct

| by A.J. Roy

American Bar Association Model Rules of Professional Conduct

The American Bar Association (ABA) Model Rules of Professional Conduct is a set of rules that dictates the standards of legal ethics and professional responsibility for lawyers in the United States.

Although these rules are only models, they allow a consensus regarding legal ethics, and simplify professional responsibility training, as well as the case-by-case application of such rules.

Professional Responsibility

Duties to the Client

  • Confidentiality

  • Avoiding conflict of interest

  • Due diligence and Competence (law)

  • Avoid commingling

  • Avoid self-dealing

  • Effective assistance

  • Avoid fee splitting

  • Withdrawal from representation

Duties to the Court

  • Disclosure of perjury

  • Disclosure of adverse authority

Duties to the Profession

  • Limitations on legal advertising

  • Report misconduct

Sources of Law

  • ABA Model Rules

Penalties for Misconduct

  • Disbarment Judicial misconduct\

The Rules

  • Rule 1.0       Terminology

Client-Lawyer Relationship

  • Rule 1.1       Competence
  • Rule 1.2       Scope of Representation and Allocation of Authority Between Client and Lawyer
  • Rule 1.3       Diligence
  • Rule 1.4       Communications
  • Rule 1.5       Fees
  • Rule 1.6       Confidentiality of Information
  • Rule 1.7       Conflict of Interest: Current Clients
  • Rule 1.8       Conflict of Interest: Current Clients: Specific Rules
  • Rule 1.9       Duties to Former Clients
  • Rule 1.10     Imputation of Conflicts of Interest: General Rule
  • Rule 1.11     Special Conflicts of Interest for Former and Current Government Officers and Employees
  • Rule 1.12     Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
  • Rule 1.13     Organization as Client
  • Rule 1.14     Client with Diminished Capacity
  • Rule 1.15     Safekeeping Property
  • Rule 1.16     Declining or Terminating Representation
  • Rule 1.17     Sale of Law Practice
  • Rule 1.18     Duties to Prospective Client

Counselor

  • Rule 2.1       Advisor
  • Rule 2.3       Evaluation for Use by Third Persons
  • Rule 2.4       Lawyer Serving as Third-Party Neutral

Advocate

  • Rule 3.1      Meritorious Claims and Contentions
  • Rule 3.2      Expediting Litigation
  • Rule 3.3      Candor toward the Tribunal
  • Rule 3.4      Fairness to Opposing Party and Counsel
  • Rule 3.5      Impartiality and Decorum of the Tribunal
  • Rule 3.6      Trial Publicity
  • Rule 3.7      Lawyer as Witness
  • Rule 3.8      Special Responsibilities of a Prosecutor
  • Rule 3.9      Advocate in Non adjudicative Proceedings

Transactions with Persons Other Than Clients

  • Rule 4.1      Truthfulness in Statements to Others
  • Rule 4.2      Communication with Person Represented by Counsel
  • Rule 4.3      Dealing with Unrepresented Person
  • Rule 4.4      Respect for Rights of Third Persons

  Law Firms and Associations

  • Rule 5.1      Responsibilities of a Partner or Supervisory Lawyer
  • Rule 5.2      Responsibilities of a Subordinate Lawyer
  • Rule 5.3      Responsibilities Regarding Nonlawyer Assistance
  • Rule 5.4      Professional Independence of a Lawyer
  • Rule 5.5      Unauthorized Practice of Law; Multijurisdictional Practice of Law
  • Rule 5.6      Restrictions on Rights to Practice
  • Rule 5.7      Responsibilities Regarding Law-related Services

Public Service

  • Rule 6.1      Voluntary Pro Bono Public Service
  • Rule 6.2      Accepting Appointments
  • Rule 6.3      Membership in Legal Services Organization
  • Rule 6.4      Law Reform Activities Affecting Client Interests
  • Rule 6.5      Nonprofit and Court Annexed Limited Legal Services Programs

Information About Legal Services

  • Rule 7.1      Communication Concerning a Lawyer’s Services
  • Rule 7.2      Advertising
  • Rule 7.3      Solicitation of Clients
  • Rule 7.4      Communication of Fields of Practice and Specialization
  • Rule 7.5      Firm Names and Letterhead
  • Rule 7.6      Political Contributions to Obtain Legal Engagements or Appointments by Judges

Maintaining the Integrity of the Profession

  • Rule 8.1      Bar Admission and Disciplinary Matters
  • Rule 8.2      Judicial and Legal Officials
  • Rule 8.3      Reporting Professional Misconduct
  • Rule 8.4      Misconduct
  • Rule 8.5      Disciplinary Authority; Choice of Law

Confidentiality, Ethics, Confidence. ASTA-USA securely handles sensitive materials with the same rules as the ABA.

 

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