Ethics in Shaping American Law: ABA Model

¶ … Ethics in Shaping American Law: ABA Model Rules The objective of this study is to examine why ethics are so important in shaping American law and to explain three important ABA Model Rules along with examples that apply to law firms. This work will also explain three important ABA Model Rules with examples that apply to Attorneys and will summarize the application of the ABA model rules and responses to these questions.

The American Bar Association is reported to have made the provision of leadership in legal ethics through adopting professional standards that "serve as models of the law governing lawyers since adoption of the Canons of Professional Ethics in 1908. The latest version of these standards is the Model Rules of Professional Conduct, first adopted in 1983, and amended a number of times since then.

The Model Rules replaced the Model Code of Professional Responsibility which was adopted in 1969." (Duke Law, 2011) The Model Code of Professional Responsibility is divided into three types of provisions: (1) Canons; (2) Disciplinary Rules and (3) Ethical Considerations along with Definitions. The Canons are general statements stated to be defined as 'axiomatic norms' and the Disciplinary Rules (DR) are reported to be considered as "mandatory." (Duke Law, 2011) Ethical Considerations (EC) contain objectives towards which lawyers should strive." (Duke Law, 2011) I.

Importance of ABA Model Rules The ABA Model rules shape the ethics of American law through setting out the legal and ethical requirements and responsibilities of attorneys and law firms in representing their clients. This is accomplished through the ABA and the bar association in each state issuing ethics opinions which are "written in response to requests for advice from lawyers who want to know if a past or contemplated future action violates an ethical code." (Duke Law, 2011) These opinions are both formally and informally issued.

(Duke Law, 2011, paraphrased) These opinions are recommendations only and as such are non-enforceable. (Duke Law, 2011, paraphrased) The ABA model code of ethics sets out requirements for the attorney in regards to competence in representation as well as attorney diligence, fees, confidentiality, conflict of interest and duties to former clients. Also cited are ethical standards on representation of the client with diminished capacity, the safekeeping of property that belongs to the attorney's clients, and the attorney's duties to a prospective client. One of the primary applications of these guidelines to.