Revised Resolution 100
At its 2023 Annual Meeting in Denver, the ABA House of Delegates adopted Revised Resolution 100 amending Model Rule of Professional Conduct 1.16(a) and Comments [1] and [2] to address a lawyer’s responsibility to inquire into and assess the facts and circumstances of a matter.
- View the Revised Resolution here.
Third Discussion Draft
The Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed a Third Discussion Draft of possible amendments to the Model Rules of Professional Conduct concerning lawyers’ client due diligence obligations. This Third Discussion Draft addresses Model Rule Conduct 1.16 (Declining or Terminating Representation) and its Comments.
Your comments will assist the Committees in determining whether and how to proceed when asking the House of Delegates to amend the Rules of Professional Conduct in August 2023. You may provide your thoughts and suggestions in one of two ways.
The Committees will hold a Zoom public roundtable on this Third Discussion Draft on Tuesday, February 28, 2023, from 2:00 pm – 4:00 pm Central. To present at the roundtable, or attend as an audience member, please register with Natalia Vera, ABA Center for Professional Responsibility Senior Paralegal at [email protected] by February 17, 2023. Please indicate whether you intend to present or just attend as a member of the audience. Those wishing to present will be allotted five minutes for their presentation. The Committees would appreciate it if speakers also submit written comments by March 3, 2023. The Committees may post written comments on the ABA’s website.
For those who wish to provide only written comments on the Third Discussion Draft, please email those comments to Ms. Vera by the March 3, 2023, deadline. As noted above, written comments may be posted online on the ABA’s website.
Second Discussion Draft
The Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed a Second Discussion Draft of possible amendments to Model Rule of Professional Conduct 1.2 (Scope of Representation and Allocation of Authority between Client and Lawyer) and its Comments.
- View the Second Discussion Draft here.
The amendments contained in this Second Discussion Draft provide guidance on lawyers’ client due diligence obligations under the ABA Model Rules of Professional Conduct. The Committees have not yet decided whether to present any Model Rule amendments on this subject to the House of Delegates. Your comments will assist the Committees in determining whether and how to proceed. The Committees solicit your thoughts and suggestions, which you may provide in one of two ways.
The Committees will hold a two public roundtables on this Second Discussion Draft. The first will be held in person on Saturday, August 6, 2022, from 2:00 pm – 4:00 pm Central in conjunction with the ABA Annual Meeting. The exact location will be provided shortly. To present comments at the roundtable, or attend as an audience member, please register with Natalia Vera, ABA Center for Professional Responsibility Senior Paralegal at [email protected] by August 4, 2022. Please indicate whether you intend to present comments or attend as a member of the audience. Those wishing to present comments will be allotted five minutes for their presentation. The Committees would appreciate if speakers submit written comments as well by August 31, 2022. Written comments may be posted online on the ABA’s website.
The second roundtable will be held via Zoom on Wednesday, August 31, 2022, from 12:00 pm – 2:00 pm Central. To present comments at the Zoom-held roundtable, or attend as an audience member, please register with Natalia Vera, ABA Center for Professional Responsibility Senior Paralegal at [email protected] by August 25, 2022. Please indicate whether you intend to present comments or attend as a member of the audience. Those wishing to present comments will be allotted five minutes for their presentation. The Committees would appreciate if speakers also submit written comments as well by August 31, 2022. Written comments may be posted online on the ABA’s website. A Zoom link will be sent to registrants no later than August 27, 2022, along with the list of those registered to testify, the times for their testimony, and other logistical information about the roundtable. For those who wish to provide only written comments on the Second Discussion Draft, please email those comments to Ms. Vera by the August 31, 2022, deadline. As noted above, written comments may be posted online on the ABA’s website.
First Discussion Draft - December 2021
The Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed a Discussion Draft of possible amendments to the Comments of Model Rules of Professional Conduct 1.0 (Terminology), 1.1 (Competence), and 1.2 (Scope of Representation and Allocation of Authority between Client and Lawyer).
- View draft proposal here.
The amendments contained in this Discussion Draft provide guidance on lawyers’ client due diligence obligations under the ABA Model Rules of Professional Conduct. The Committees have not yet decided whether to present any Model Rule amendments on this subject to the House of Delegates. Your comments will assist the Committees in determining whether and how to proceed. The Committees solicit your thoughts and suggestions, which you may provide in one of two ways.
The Committees held a public roundtable via Zoom on February 11, 2022, in conjunction with the virtual 2022 ABA Midyear Meeting. The Roundtable agenda can be found here.
- Listen to the recording of the roundtable here.
Comments
- View submitted comments here.