A Lawyer's Code of Conduct
- In 1908, the ABA produced the first code of ethics for lawyers in the United States, the 29 "Canons of Ethics." In 1970, the ABA produced the Code of Professional Responsibility, consisting of nine canons with a subset of specific rules and "ethical considerations." Every state adopted some form of this code. Lawyers who violated a rule could be disciplined, but not those who violated an ethical consideration. In 1983, the Model Rules of Professional Conduct were produced. In 1997, the ABA reviewed the Model Rules and made suggestions for changes. This amended version was accepted in 2002. As of June 2010, every state except California had adopted all or part of these model rules.
- The model rules contain eight major rules, each with sections.
For example, there are 18 sections related to the lawyer-client relationship, and each section has statements explaining the rule. This rule addresses competence, diligence, communications, confidentiality, fees, duties to clients, conflicts of interest with current clients, keeping property, and stopping representation, among other things.
The model rules also contain nine sections devoted to the lawyer's role as advocate. These rules deal with speed of litigation, candor in court, trial publicity, impartiality, prosecutor responsibilities, decorum, and other aspects of being an advocate. - The other seven model rules address: the lawyer as counselor, i.e. being an adviser or third party in litigation; transactions with persons other than clients, which addresses truthfulness, respect, and communication with clients of other lawyers or unrepresented people; law firms and associates, dealing with responsibilities of partners, supervisory and subordinate lawyers, interactions with employees who are not lawyers, rights to practice, and similar matters; public service, which discusses pro bono work, public service, appointments, legal organizations, and legal reform; information about legal service, which contains sections on advertising and communication; firm names and letterhead, dealing with contributions made to obtain work; and maintaining the integrity of the profession, which addresses misconduct, informing appropriate others about misconduct, admission to bar, and discipline.
- The model rules do not address every ethical issue, so the ABA Committee of Ethics and Professional Responsibility gives lawyers advice on those issues. Lawyers can also ask for opinions on ethical questions from state committees on ethics. If a lawyer violates the state code of ethics, he can be disbarred or suspended.
- Law schools must teach their students about ethics, lawyers' responsibilities and the Model Rules of Professional Conduct in order to be accredited by the ABA. Lawyers also take continuing education courses in ethics as required by individual states.
