ABA Model Rules of Professional Conduct: Preamble and Scope

Flashcards covering the roles of lawyers, the purpose of the Model Rules, and the distinction between the Rules and Comments based on the ABA Preamble and Scope.

Lawyer

A representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

Advisor

A role where a lawyer provides a client with an informed understanding of legal rights and obligations and explains their practical implications.

Advocate

A role where a lawyer zealously asserts the client's position under the rules of the adversary system.

Negotiator

A role where a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others.

Evaluator

A role where a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.

Third-party neutral

A nonrepresentational role for a lawyer helping parties resolve a dispute or other matter.

Rule 8.4

A rule stating that a lawyer who commits fraud in a business conduct is subject to discipline for conduct involving dishonesty, fraud, deceit, or misrepresentation.

Confidentiality

The requirement that a lawyer keep in confidence information relating to representation except where disclosure is required or permitted by the Rules or other law.

Public Citizen (Duty)

Seeking improvement of the law, access to the legal system, the administration of justice, and the quality of service rendered by the legal profession.

Self-governing

A unique characteristic of the legal profession due to its close relationship with government and law enforcement processes, with ultimate authority vested in the courts.

Rules of Professional Conduct (Nature)

Described as rules of reason that should be interpreted with reference to the purposes of legal representation and the law itself.

Shall / Shall Not

Imperative terms within the Rules that define proper conduct for the purposes of professional discipline.

May

A permissive term defining areas where the lawyer has discretion to exercise professional judgment.

Comments

Guides to interpretation that do not add obligations to the Rules but provide guidance for practicing in compliance; most states consider them binding interpretations.

Rule 1.6

The rule regarding confidentiality duties that can attach even when a lawyer is only considering established a client-lawyer relationship.

Disciplinary Process Basis

Assessment of lawyer conduct made on the basis of facts and circumstances as they existed at the time of the conduct.

Civil Liability (Role of Rules)

The Rules are designed for guidance and regulation through disciplinary agencies and are not intended to be a basis for civil liability.

ABA (American Bar Association)

The organization that publishes the Model Rules of Professional Conduct but does not directly regulate the practice of law.

Binding interpretations

The status most jurisdictions grant to the Comments to the Rules of Professional Conduct.