Model Rules of Professional Conduct, 2006

by American Bar Association

• ISBN13: 9781590316887
• ISBN10: 1590316886
• Format: Paperback
• Copyright: 2006-11-01
• Publisher: Natl Book Network
• More Book Details
• Purchase Benefits

Summary

The new 2006 Edition of the American Bar Association's Model Rules of Professional Conduct provides an up-to-date resource for information on lawyer ethics. The ABA Model Rules serve as models for legal ethics rules of most states and provide guidance on key ethical issues, including lawyer malpractice, disciplinary action, sanctions and more.

Table of Contents

Preface	p. vii
Commission on Evaluation of Professional Standards Chair's Introduction	p. xi
Commission on Evaluation of the Rules of Professional Conduct ("Ethics 2000") Chair's Introduction	p. xv
Preamble and Scope	p. 1
Terminology	p. 7
Client-Lawyer Relationship
Competence	p. 10
Scope of Representation and Allocation of Authority	p. 12
Diligence	p. 15
Communication	p. 16
Fees	p. 18
Confidentiality of Information	p. 22
Conflict of Interest: Current Clients	p. 26
Conflict of Interest: Current Clients: Specific Rules	p. 36
Duties to Former Clients	p. 44
Imputation of Conflicts of Interest: General Rule	p. 47
Special Conflicts of Interest for Former and Current Government Officers and Employees	p. 49
Former Judge, Arbitrator, Mediator or Other Third-Party Neutral	p. 52
Organization as Client	p. 53
Client with Diminished Capacity	p. 58
Safekeeping Property	p. 61
Declining or Terminating Representation	p. 63
Sale of Law Practice	p. 65
Duties to Prospective Client	p. 69
Counselor
Advisor	p. 71
(Deleted)
Evaluation for Use by Third Persons	p. 72
Lawyer Serving as Third-Party Neutral	p. 74
Advocate
Meritorious Claims and Contentions	p. 75
Expediting Litigation	p. 76
Candor toward the Tribunal	p. 76
Fairness to Opposing Party and Counsel	p. 81
Impartiality and Decorum of the Tribunal	p. 82
Trial Publicity	p. 83
Lawyer as Witness	p. 85
Special Responsibilities of a Prosecutor	p. 87
Advocate in Nonadjudicative Proceedings	p. 89
Transactions with Persons Other Than Clients
Truthfulness in Statements to Others	p. 90
Communication with Person Represented by Counsel	p. 91
Dealing with Unrepresented Person	p. 93
Respect for Rights of Third Persons	p. 94
Law Firms and Associations
Responsibilities of Partners, Managers, and Supervisory Lawyers	p. 95
Responsibilities of a Subordinate Lawyer	p. 96
Responsibilities Regarding Nonlawyer Assistants	p. 97
Professional Independence of a Lawyer	p. 98
Unauthorized Practice of Law; Multijurisdictional Practice of Law	p. 99
Restrictions on Right to Practice	p. 104
Responsibilities Regarding Law-related Services	p. 104
Public Service
Voluntary Pro Bono Publico Service	p. 107
Accepting Appointments	p. 110
Membership in Legal Services Organization	p. 111
Law Reform Activities Affecting Client Interests	p. 111
Nonprofit and Court-Annexed Limited Legal Services Programs	p. 112
Information About Legal Services
Communications Concerning a Lawyer's Services	p. 113
Advertising	p. 114
Direct Contact with Prospective Clients	p. 117
Communication of Fields of Practice and Specialization	p. 120
Firm Names and Letterheads	p. 121
Political Contributions to Obtain Government Legal Engagements or Appointments by Judges	p. 121
Maintaining the Integrity of the Profession
Bar Admission and Disciplinary Matters	p. 123
Judicial and Legal Officials	p. 124
Reporting Professional Misconduct	p. 124
Misconduct	p. 125
Disciplinary Authority; Choice of Law	p. 127
Subject Guide	p. 129
Correlation Tables	p. 151
ABA Standing Committee on Ethics and Professional Responsibility: Composition and Jurisdiction and Rules of Procedure	p. 165
ABA Special Committee on Implementation of the Model Rules of Professional Conduct	p. 169
ABA Commission on Multijurisdictional Practice	p. 171
Amendments to the Model Rules of Professional Conduct
By Rule	p. 173
By Date	p. 177
Recent Formal Ethics Opinions
Formal Opinion 06-438 (Lawyer Proposing to Make or Accept an Aggregate Settlement or Aggregated Agreement)	p. 179
Formal Opinion 06-439 (Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Mediation	p. 185
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