The ABA Center for Professional Responsibility Working Group on ABA Model Rule of Professional Conduct 5.5 has released an Issues Paper to solicit feedback on potential regulatory implications related to exploring amendments to Rule 5.5, aiming to expand permissible cross-border legal practice. The Association for Professional Responsibility Lawyers has advocated for changes, suggesting that expanding…
The American Bar Association House of Delegates has adopted new rules regarding due diligence obligations for lawyers
The American Bar Association House of Delegates has adopted new rules regarding due diligence obligations for US lawyers. The proposed changes to Model Rule 1.16 will explicitly outline lawyers’ due diligence obligations to inquire about and assess the facts and circumstances of a matter, helping them avoid unknowingly getting involved in clients’ criminal and fraudulent…
The American Bar Association provides some expert tips for practicing ethically
Theresa Gronkiewicz writes that after a career of representing lawyers in complaints issues there are a number of issues that come up time and again which could be avoided by implementing a strong practice management system and common-sense approach to law. There are 12 tips including: Implement strong law office management procedures Learn to identify…
ABA issues guidance focusing on client language differences
The American Bar Association has issued a formal opinion to guide lawyers in situations when they and their clients do not share a common language. This guidance also covers when the client has a physical condition, such as a hearing, speech or vision disability, that might impede communications. The guidance revolves around a lawyers duty…
American Bar Association publishes new data on minorities and bar pass rates
New data published by the American Bar Association (ABA) Section of Legal Education and Admissions to the Bar, has suggested that White test-takers were more likely to pass the bar exam in 2020 than test-takers of other races and ethnicities. Within the grouping of those who identified as White men and women, 88% passed the…
ABA President Patricia Lee Refo – “Lack of advancement is not a ‘woman’ problem, it’s a ‘profession’ problem”
In a new column for the American Bar Association (ABA) Journal, ABA President Patricia Lee Refo has called for a change in attitude towards the way in which gender is viewed in the profession. In the column, she describes how the lack of progression for women in the profession represents systemic issues in both the…
American Bar Association releases new report on the challenges faced by female lawyers
A newly released American Bar Association (ABA) report entitled, “In Their Own Words: Experienced Women Lawyers Explain Why They Are Leaving Their Law Firms and the Profession,” aims to shed light on factors that affect career decision making amongst experienced female lawyers. This includes information on why practitioners choose to remain in practice, move to…
American Bar Association data shows increase in bar passage scores during the pandemic
New bar score data from the ABA Section of Legal Education and Admissions to the Bar, released on the 23rd of April 23, showed an increase in the scores compared to 2019 on both the ‘ultimate’ pass rate and for first-time takers, with the aggregate score of law graduates taking the exam for the first…
American Bar Association issues new guidance on remote working and ethical use of technology
The American Bar Association Standing Committee on Ethics and Professional Responsibility has released a formal opinion cataloguing the relevant model rules and technological considerations that lawyers should be aware of when practising virtually. The opinion (Formal Opinion 498) identifies some of the minimum requirements for virtual practice under the ABA Model Rules of Professional Conduct…
ABA releases first model diversity survey report on law firm equity and inclusion
On the 16th February, the American Bar Association Commission on Racial and Ethnic Diversity in the Profession today released its 2020 ABA Model Diversity Survey Report, the first report focused on diversity, equity and inclusion within law firm practices in the USA. The Model Diversity Survey (MDS), was developed in 2016, and is designed to…