American Bar Association propose amendments to Model Rules of Professional Conduct

The Committee on Ethics and Professional Responsibility and Committee on Professional Regulation has produced a third discussion draft of possible amendments to the Model Rules of Professional Conduct. These possible changes aim to clarify lawyer’s obligations on client due diligence. This comment period has been influenced by the previous two drafts and the public comments they  elicited.

The committees  considered where and when Model Rules assume that the lawyers will conduct client due diligence and where such inquiry implicates and conflicts with other Model Rules and Ethics Opinions.

This third discussion draft sets out possible amendments to the Black Letter and comments to Model Rule 1.16, Declining or Terminating Representation.

The deadline for written submissions is 3 March with a discussion forum set to be held on 28 February.

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