Monday, August 20, 2012

ABA Updates Model Rules (Details and Discussion)

The ABA recently approved updates to the model rules, based on the work of the Ethics 20/20 commission. Bloomberg BNA has an excellent overview of both the details of the changes and the specific pro/con arguments expressed by delegates and participants.

The new rules affect areas including:
  • Disclosure for Checking Conflicts
  • Practice Pending Admission
  • Easier Admission by Motion
  • Technology and Confidentiality
  • Technology and Client Development
  • Outsourcing
  • Fee-Sharing With Nonlawyers
Regarding conflicts checking:
  • "Model Rule 1.6 prohibits lawyers from disclosing information relating to the representation of a client except in certain listed circumstances. A new exception urged by the Ethics 20/20 Commission and approved by the delegates permits disclosure reasonably necessary 'to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.'"
For additional detail and discussion, see also the Legal Ethics Blog.

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