The
ABA Model Rules of Professional Conduct, created by the
American Bar Association (ABA), are a set of rules which prescribes baseline standards of
legal ethics and
professional responsibility for
lawyers in the
United States. The rules are merely recommendations, or models, (hence the name "Model Rules") and are not themselves binding. However, having a common set of Model Rules facilitates a common discourse on legal ethics, and simplifies professional responsibility training as well as the day-to-day application of such rules. As of 2008, 48
U.S. states have adopted the rules in whole or in part, of which the most recent to do so was
New York.
The ABA is a voluntary bar association without lawmaking power (meaning that it is just like any other nongovernmental professional association). Accordingly, the Model Rules are not legally binding in and of themselves. However, they have been adopted, in whole or in part, as the professional standards of conduct by the judiciaries or integrated bar associations of 48 U.S. states. Rules adopted in a particular state (that may be based upon the Model Rules) are legally enforceable against the lawyers of that state as well as any lawyer practicing there temporarily on a pro hac vice basis.
On December 17, 2008, New York announced that it would finally abandon the old Model Code (it was the last state to do so) and adopt a heavily modified version of the Model Rules, effective April 1, 2009.[1]
For example, the State Bar of California and the California State Legislature have long taken the position that clients must be encouraged to speak candidly to their counsel about both past and future actions with the knowledge that their statements will be held in complete confidence; then their counsel can explain the relevant law to them and urge them to conform their future conduct to the law, thus promoting lawful conduct. In contrast, Model Rule 1.6 contains exceptions to confidentiality for both violent and nonviolent (e.g. financial) future crimes, which in turn creates a strong disincentive for clients to discuss their plans with their lawyers. In turn, clients may end up proceeding in total ignorance of the relevant law (and violate it as a result).
