The American Bar Association have published a Discussion Draft of possible amendments to the Model Rules of Professional Conduct. The Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed this draft to address lawyers’ client due diligence obligations. The previous two discussion papers have focused on Model Rule 1.2(d) (Scope of Representation…
Ethical considerations for lawyers when responding to clients with cognitive decline
November is Alzheimer’s Awareness Month, a time when we increase awareness of Alzheimer’s disease and the more than 6.2 million Americans living with it. And as our population ages, the chances that a lawyer may interact with a client with cognitive decline may increase too. The Alzheimer’s Association predicts that 12.7 million Americans 65 and older (almost 1 in…
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…
Ordinary clients, overreaching lawyers, and the failure to implement adequate client protection measures
Abstract Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal client money. Starting in the 1980s, the American Bar Association considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee…
Solicitors Regulation Authority of England and Wales publishes latest annual reports
The Solicitors Regulation Authority (SRA) has published its suite of annual reports, which cover five core topics, these are: ‘Anti-money Laundering‘, ‘Authorisation‘, ‘Client Protection‘, ‘Education and Training‘ and ‘Upholding Professional Standards‘. Key findings from the reports include: There has been a year-on-year increase in the number of solicitors qualifying through apprenticeships, firms offering recognised training…