Share
Explore BrainMass

law ethics/professional conduct

Looking for help to put together a paper on professional conduct and rules for lawyers. This is for consumers to learn about rules regulating lawyers in U.S that a group of us are trying to develop to help show the reason all states should use ABA rules or have more rules than the ABA not less.

The idea is to write it as a law review journal style article that could be posted as a resource that is interesting read citing the sources used which can be anything from a news paper article, blog, actual rules of law etc

We want to cover the following topics

ABA Rules of Professional Conduct

Development: Circumstances that made rules necessary -why rules were necessary.

When ABA rules were enacted and implemented
What states adopted ABA standards which do not use these rules (for statistical data)

ABA Rules of Professional Conduct
(provide a short list of rules of professional conduct not all just a portion of them)

Professional Conduct Cases of Interest some that really are unbelieveable - cases that drew in media attention or public interest set precedent (interesting ones)

State by state case evaluations รข?" Focus: California, two other states
We want to discuss past cases involving repugnant violations of state bar rules of professional conduct

Discuss the similarities and differences in discipline, misconduct and overall outcome of the cases.
Compare and contrast violations of conduct by states featured (three states total is enough)
Present violations reported in past 5 years that captured news headlines or that are of significant interest

Discuss the misconduct process
Discuss complaint process for CA since this is the state we are trying to help change laws in so that they are either equal to those like ABA rules or stronger/more harsh.

Solution Preview

Hellos and thank you for using BrainMass.

A.- ABA Model Rules of Professional Conduct are a model of ethical standards and practices that individuals who practice law and are members of the ABA are to follow. These rules of professional conduct were formatted by the Kutak Commission in 1983, which replaced the original code of ethics for law professionals,(The American Bar Association Model Code of Professional Responsibility), which was ratified in 1969.

"According to the Code's Preface, it was derived from the ABA's Canons of Professional Ethics (1908), which in turn were borrowed from the Canons of the Alabama State Bar (1887), which in turn were inspired by several sources such as ethics resolutions in an 1830s legal textbook." (www.Wikipedia.com)

The initial professional code of conduct was considered the baseline of legal ethics adopted by lawyers in the United States. The original model code was criticized for being difficult to interpret and enforce. The initial code consisted of Canons, Disciplinary Rules, and Ethical Considerations that were criticized at a debate in 1982 as,

""referred to the nine canons, 129 ethical considerations and forty-three disciplinary rules as a three-dimensional chess game that lawyers played at their own peril."

After using the initial code since ...

Solution Summary

This solution reiterates law ethics and professional conduct.

$2.19