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What Are the Ethical Rules For Lawyers?
Most
people know that lawyers are legally guided by rules of ethics.
However, most people do not know which rules govern attorneys'
conduct and what these rules specifically require. In 1983,
the American Bar Association adopted the Model Rules of Professional
Conduct. These rules replaced the former Model Rules of Professional
Responsibility.
The most current version of the Model Rules is broken down
into eight categories:
Client-Lawyer Relationship;
Counselor;
Advocate;
Transactions with Persons Other than Clients;
Law Firms and Associations;
Public Service;
Information About Legal Services; and
Maintaining the Integrity of the Profession.
Each of these main rules have several sub-categories or rules
setting forth specific guidelines. In addition to the rules,
the Model Rules contain a Preface, Preamble, Scope and Terminology
and Comments sections. These sections set forth important
information regarding the scope, history and interpretation
of the rules.
The rules governing the Client-Lawyer Relationship cover
many subjects, including competence, communication with the
client, fees, fee disputes, withdrawal of representation,
confidentiality, conflicts of interest, safekeeping of client's
property, client under a disability and declining or terminating
representation. Under the subject of Counselor, the rules
discuss the attorney's role as advisor, intermediary and evaluation
for use by third parties.
Under the Advocate heading, the rules discuss the lawyer's
candor toward the tribunal, meritorious claims, expediting
litigation, fairness to the opposing party and counsel, trial
publicity, the lawyer as a witness, and the lawyer's role
as an advocate in non judicial proceedings. The Transactions
with Persons Other than Clients section discusses truthfulness
in statements to others, communications with persons represented
by counsel, dealing with unrepresented persons, and respect
for rights of third persons.
The Law Firms and Associations sections addresses responsibilities
of supervising attorneys, subordinate attorneys, non lawyer
assistants, unauthorized practice of law, restrictions on
the right to practice law and responsibilities regarding law
related services. Under the Public Service section, the rules
discuss voluntary or pro bono work, accepting judicial appointments,
membership in legal services organization, and law reform
activities affecting client's interests.
The Information About Legal Services section discusses advertising,
soliciting clients, political contributions, firm names and
letterheads, and communication of fields of practice and specialization.
Finally, the Maintaining the Integrity of the Profession section
addresses bar admission and disciplinary matters, judicial
and legal officials, reporting professional misconduct, and
misconduct.
These rules recognize that lawyers play a vital role in the
preservation of society. The Rules of Professional Conduct
serve to define the relationship lawyers play in the legal
system. These rules are published and updated periodically.
They are also available at any law library and online.
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