Rules Professional Conduct
Confidentiality, Ethics, Confidence. ASTA-USA securely handles sensitive materials with the same rules as the American Bar Association. ASTA-USA

American Bar Association Model Rules of Professional Conduct

American Bar Association Model Rules of Professional Conduct

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 Nonadjudicative 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 Practiceof 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 Publico 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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