ABA Model Rules of Professional Conduct
Alisha Ricketts
LS102: Introduction to Law
Professor Stephen Renick
Kaplan University
May 21, 2013
The American Bar Association developed the Model Rules of Professional Conduct so that American lawyers can know the basic standards of legal ethics and professional responsibility. There are certain rules that would be most important to lawyers, and also for law firms. Rule 1.6 of the model rules involves confidentiality of information, and it is a vital rule to follow when dealing with a client that may-be guilty. Rule 1.9 of the model rules deals with the duties to former clients. Then there is rule 1.16 of the model rules deals with declining or terminating the representation of a client. (American Bar Association, n.d) When it comes to law firms the most important rules of professional conduct would include rule 5.4, rule 5.6, and rule 5.7. Rule 5.4 involves the professional independence of the lawyer. Rule 5.6 deals with the restrictions on the right to practice, and rule 5.7 involves the responsibilities regarding law-related services.
Rule 1.9 includes the duties to former clients, and after the termination of a client-lawyer relationship, a lawyer has certain continuing duties with respect to confidentiality and conflicts of interest and thus may not represent another client except in conformity with this Rule. (ABA, n.d) The provisions of this Rule are for the protection of former clients and can be waived if the client gives informed consent. This rule is important for lawyers because they still have an obligation of confidentiality to their former clients, and the lawyer cannot reveal anything the former client had said unless the client gives consent to do so. The former client cannot be an example for the new client, and cannot be treated the same as the former client was.
Rule 1.6
References: Fails as Lawyers Declare the Legal Profession is Not for Sale! The Berkeley Electronic Press. Retrieved on May 19, 2013, from:http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1263&context=elders Shely, L The Shely Firm, PC, Scottsdale, Arizona. Retrieved on May 19, 2013, from: http://www.americanbar.org/content/dam/aba/migrated/cpr/pubs/Shely.authcheckdam.pdf