Annotated Model Rules of Professional Conduct

ebook

By Ellen J. Bennett

cover image of Annotated Model Rules of Professional Conduct

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An essential resource on lawyer ethics – revised and updated: The Annotated Model Rules of Professional Conduct is the ABA's definitive single-volume resource for information about how courts, disciplinary bodies, and ethics committees apply the lawyer ethics rules.

The Eighth Edition incorporates all of the amendments the ABA has made to the Model Rules of Professional Conduct through February 2015 – including the 2012 and 2013 amendments adopting the recommendations of the ABA Commission on Ethics 20/20 relating to advances in technology, global legal practice, outsourcing, and confidentiality in the context of conflicts checks when lawyers change firms.

Comprehensive and authoritative: Each chapter begins with the rule and its comment followed by a link to charts comparing each state's rule with the Model Rule [NEW with this edition], and then presents a detailed discussion of how the rule has been applied. The book gives citations to thousands of court cases, ethics opinions, law review articles, and internet resources, as well as treatises, the Restatement (3rd) of the Law Governing Lawyers, and the legislative history of the Model Rules.

For all jurisdictions and practice settings: Almost every jurisdiction now bases its ethics rules on the ABA Model Rules of Professional Conduct. And nearly every one has amended its ethics rules in light of the ABA's across-the-board revisions in 2002 and its subsequent amendments relating to confidentiality, corporate representation, and multijurisdictional practice.

  • Most federal courts use a variant of either the Model Rules or the home state's version of the Model Rules as the basis for lawyer discipline.

  • Most specialty tribunals exercising their own disciplinary powers also look to the ethics rules, whether or not they have formally adopted them.

  • State and federal courts constantly turn to the ethics rules when deciding disqualification motions, motions for sanctions, motions to suppress, motions to quash, and disputes over fees and fee division, discovery, class certification, and pro hac vice admission status.

  • Suits involving lawyer malpractice and breach of fiduciary duty now routinely invoke the ethics rules, sometimes even in the jury instructions.
  • Annotated Model Rules of Professional Conduct