american bar association model rules of professional conduct

• Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General

The Department of the Navy (DoN) is revising its Rules of Professional Conduct and procedures for receiving, processing, and taking action on complaints of professional misconduct made against attorneys practicing under the supervision of the Judge Advocate General of the Navy (JAG). The revision to this part generally aligns with recent changes to the American Bar Association Model Rules of Professional Conduct. The revisions clarify when an attorney shall reveal confidential information and when such disclosure is discretionary, and allows for covered attorneys to make reasonable disclosures necessary to ensure compliance with the Rules of Professional Conduct. The revision contains administrative corrections throughout.

• Federal Register Nbr. 78 FR 25537, May 01, 2013
• Proposed rules
• Navy Department

• Changes to Representation of Others Before The United States Patent and Trademark Office

The United States Patent and Trademark Office (Office or USPTO) is adopting the new USPTO Rules of Professional Conduct (USPTO Rules), which are based on the American Bar Association's (ABA) Model Rules of Professional Conduct (ABA Model Rules), which were published in 1983, substantially revised in 2003 and updated through 2012. The Office has also revised the existing procedural rules governing disciplinary investigations and proceedings. These changes will enable the Office to better protect the public while also providing practitioners with substantially uniform disciplinary rules across multiple jurisdictions.

• Federal Register Nbr. 78 FR 20179, April 03, 2013
• Rules and Regulations
• Patent and Trademark Office

• Changes to Representation of Others Before the United States Patent and Trademark Office

The United States Patent and Trademark Office (Office or USPTO) proposes to align the USPTO's professional responsibility rules with those of most other U.S. jurisdictions by replacing the current Patent and Trademark Office Code of Professional Responsibility, adopted in 1985, based on the 1980 version of the Model Code of Professional Responsibility of the American Bar Association (``ABA''), with new USPTO Rules of Professional Conduct, which are based on the Model Rules of Professional Conduct of the ABA, which were published in 1983, substantially revised in 2003 and updated through 2011. Changes approved by the ABA House of Delegates in August 2012 have not been incorporated in these proposed rules. The Office also proposes to revise the existing procedural rules governing discipli...

• Federal Register Nbr. 77 FR 64189, October 18, 2012
• Proposed rules
• United States Patent and Trademark Office

• Appellate Ethics: Truth, Criticism, and Consequences

Richmond examines the principal professional responsibility issues confronting appellate lawyers, thus focusing on lawyers' duty of candor and on their criticism of courts and authority. In doing so, he primarily examines lawyers' obligations under the American Bar Association Model Rules of Professional Conduct, with some limited discussion of the Model Code of Professional Responsibility.

• Review of Litigation, The
• Vol. 23 Nbr. 2, April 2004

• Commentary: New York Attorneys' New Rules

Next month New York will follow the lead of 47 of the other 49 states in adopting the Rules of Professional Conduct based on the American Bar Association's Model Rules of Professional Conduct. The new rules will replace New York's Code of Professional Responsibility, in effect since 1970.

• Daily Record (Rochester, NY)
• March 06, 2009

• Montejo v. Louisiana, 556 U. S. (2009)

... his right to counsel, looking to his conduct at the preliminary hearinghis statements and gestu... certainty of application are crucial in rules that govern law enforcement, Minnick v. Mississipp...The American Bar Association’s Model Rules of Professional Co...

• U.S. Supreme Court

• Client Interests and a Lawyer's Duty to Expedite Litigation: Does Model Rule 3.2 Impose Any Independent Obligations?

Rule 3.2 of the American Bar Association's Model Rules of Professional Conduct (Model Rules) requires lawyers to "make reasonable efforts to expedite litigation consistent with the interests of the client," while other rules impose complementary obligations. Part I of this Article discusses the ethical rules that are relevant to delay, particularly Model Rule 3.2 and its accompanying comment. The text of Rule 3.2 is clear, subordinating the lawyer's duty to expedite litigation to the interests of the client. Part II distinguishes between tactics that are inherently unethical and tactics that are not inherently unethical. Part III discusses cases in which courts have sanctioned attorneys for delays in litigation, either under court rules or Rule 3.2. Thus, a lawyer does not violate Rule ...

• St. John's Law Review
• Vol. 83 Nbr. 1, January 2009

• Opening at $25 1/2 Is Big Firm U.S.A.: Why America May Eventually Have a Publicly Traded Law Firm, and Why Law Firms Can Succeed Without Going Public

Every state in America currently has adopted an ethical rule that prevents public ownership of a law firm. Further, most states base their ethical rules on the American Bar Association's Model Rules of Professional Conduct (Model Rules). Since the adoption of the Model Rules, scholars and lawyers have spent little time and effort considering the modification of the prohibition against public ownership. Part II A discusses the concept of the -- legal profession, as well as recent trends and changes to the profession. Part II B summarizes America's history of ethical rules regarding public ownership. Part III begins by analyzing conventional arguments for and against public ownership of law firms. Then, Part III C discusses how to value a law firm seeking public ownership. Part IV recomme...

• Journal of Corporation Law
• Vol. 34 Nbr. 1, October 2008

• Commentary: Legal Currents: Cloud?

Do lawyers have a duty to supervise cloud computing providers? In a column that I wrote last October, I explained that the American Bar Association's Commission on Ethics 20/20 was eliciting comments on the issue of whether the Model Rules of Professional Conduct 5.3 should be revised to incorporate the concept that lawyers should be required to "supervise" cloud computing providers, just as lawyers are required to supervise other non-lawyer assistants, such as paralegals.

• Daily Record (Rochester, NY)
• May 23, 2011

• Settling a Case Without Compromising Your Ethics: The Ethical Considerations of Settlement Negotiations[Dagger]

In today's legal climate, the voluntary settlement of civil suits is favored, if not strongly encouraged. While many practicing attorneys would agree that settling a suit is desirable, settlements present unique situations in which attorneys must serve as both advocate and negotiator, client representative and fiduciary. These competing roles present unique ethical considerations not entirely addressed by formal ethical rules or standards. Thus, negotiating a settlement is like walking a tightrope, where attorneys must attempt to balance the client's interests and needs while avoiding taking an ethical tumble. Section II of this article discusses the ethical requirements imposed on lawyers engaged in settlement negotiations by the Model Rules of Professional Conduct and the American Bar...

... Conduct and the American Bar Association's formal ethics opinions. Part III of this article...

• FDCC Quarterly
• Vol. 60 Nbr. 1, October 2009