Tag Archives: professional conduct

Be Nice: More States Are Treating Incivility as a Possible Ethics Violation

The ABA Magazine has an interesting article regarding lack of civility and how it is being addressed by different States and organizations, such as the ABA:

Incivility among lawyers is not a new concern. But as the general tone of public discourse in the United States becomes more heated, the issue of civility—or lack thereof—within the legal profession appears to be moving to the front burner.

“Civility used to be inherent in public discourse. Where did we go wrong?” said then-ABA President Stephen N. Zack in a speech during the 2011 ABA Annual Meeting in Toronto. “As lawyers, we must honor civility,” said Zack, the administrative partner at Boies, Schiller & Flexner in Miami. “Words matter. How we treat others matters.”

Lawyers engaging in uncivil behavior run the risk of court sanctions, but in a growing number of jurisdictions, incivility also may land them in front of their state disciplinary bodies on charges of violating ethics rules.

The ABA Model Rules of Professional Conduct don’t specifically address civility. Nevertheless, a lawyer’s alleged incivility may implicate the competence provisions in Model Rule 1.1 or, more often, Rule 8.4, which contains broad provisions covering misconduct—including dishonesty, fraud, deceit or misrepresentation—and, as stated in Rule 8.4(d), conduct “that is prejudicial to the administration of justice.”

via Be Nice: More States Are Treating Incivility as a Possible Ethics Violation – Magazine – ABA Journal.

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ABA Opinion Gives Guidance on Changing Legal Fee Arrangements

Lawyers aren’t expected to practice year after year without raising their fees. And circumstances, of course, can change unexpectedly. So it’s often permissible for an attorney to change legal fee arrangements during an ongoing representation, as long as the change is reasonable and consented to by the client.

However, other provisions may be required or simply recommended to make sure the change complies with the ABA Model Rules of Professional Conduct, explained the ABA Standing Committee on Ethics and Professional Responsibility in an ethics opinion (PDF) announced today in a press release.

The Model Rules are used by many states as a basis for their own attorney ethics rules.

Disclosure in the initial fee agreement that billing rates may change in the future, for example, could rarely, if ever, be a mistake, according to the opinion.

And while lawyers may also require a client to provide new or additional security for payment under an existing fee agreement, they should be aware that this is considered a business transaction with a client that requires compliance with additional ethical standards.

For more details about what is required, read the full opinion, which is known as Formal Opinion 11-458 (PDF).

via ABA Opinion Gives Guidance on Changing Legal Fee Arrangements During Representation – News – ABA Journal.

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