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Overview of the Model Rules of Conduct

Apr 23, 2025

Model Rules of Professional Conduct

Overview

  • Adopted by the ABA House of Delegates in 1983.
  • Serve as models for ethics rules in most jurisdictions.
  • Replaced the 1969 Model Code of Professional Responsibility.
  • Preceded by the 1908 Canons of Professional Ethics.

Resources

Podcast Series: Ethics in 10

Key Episodes:

  • Rule 1.16: Scott Kozlov and Terri Garland discuss recent amendments emphasizing lawyers' duty to assess facts.
  • Rule 5.3: Discussion with Aria Eee and Mark Bassingwaighte on risk management.
  • Rule 3.8: Special responsibilities of prosecutors with Scott Kozlov and Ellen Yaroshefsky.
  • Rule 5.1: Emil Ali and Michael Virzi explore the rule's intricacies.
  • Rule 2.1: Focus on independent advice to clients with Ashod Mooradian and Brian Faughnan.
  • Rule 3.3: Examination by Judge Adrienne Nelson and Paula Frederick.
  • Rule 8.4(g): Addressing misconduct related to discrimination with Scott Kozlov and Lea Gutierrez.
  • Rule 1.13: Ethical issues when an organization is the client with April McMurrey and Amy Devan.
  • Rule 1.15: Safekeeping of client funds discussed by Liz Simon and Steve Moawad.
  • Rule 1.9: Obligations to former clients with Tara M. van Brederode.
  • Rule 1.1: Duty of competence with Brandon Krueger and Deepika Ravi.
  • Rule 5.4: Discussion on different parts of the rule with Lucian T. Pera and Emil J. Ali.
  • Rule 8.3: Objective knowledge in legal practice with Bill Slease and Scott Kozlov.
  • Rule 7.2: Communications concerning a lawyer's services with Lynda Shely and Scott Kozlov.
  • Rule 5.5: Overview and proposed changes with Mark Armitage and Scott Kozlov.
  • Rule 1.6: Confidentiality issues with Jenny Mittelman and Paula Frederick.
  • Rule 1.7: Discussing conflicts of interest with April McMurrey and Melissa Smart.

Implementation and Legislative History

  • The Policy Implementation Committee assists with changes to the Model Rules.
  • Legislative history includes the Kutak Commission's work from 1977 to 2013.

Comparison to Restatement

  • Comparisons made between Model Rules and Restatement of the Law Governing Lawyers.

Recent Changes

August 2023

  • Amendment to Rule 1.16.

August 2020

  • Changes to Rule 1.8(e).

August 2018

  • Changes to Rules 7.1 - 7.5 by the Standing Committee.

August 2016

  • Changes to Rule 8.4.

February 2016

  • Changes to Rule 5.5.

February 2013 - August 2012

  • Review by the Commission on Ethics 20/20, focusing on technology and global developments.

August 2009 - February 2009

  • Changes to Rules 1.0, 1.10, 7.2, and 7.5.

August 2002

  • Changes to Rules 5.5, 8.5 by the Commission on Multijurisdictional Practice.

February 2002

  • Comprehensive review by Ethics 2000 Commission.