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Model Rules of Professional Conduct

Terms:

Model Rules of Professional Conduct:
Adopted in August 1983, the ABA’s Model Rules of Professional Conduct serve as the foundation for ethical rules governing lawyers’ behavior in the majority of states. As of 2009, all 50 states in the union, as well as the District of Columbia, have adopted the Model Rules as their state rules of professional conduct for legal professionals.


The Model Rules of Professional Conduct (“Model Rules”) are always an excellent place to begin any discussion involving legal ethics. According to the Model Rules:

"As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others." -Model Rules, Preamble

It is important to note that the Model Rules are not universally applicable, and that some states have adopted amended versions of the Model Rules. Also, while the Model Rules only apply to attorneys, Rule 5.3 makes attorneys liable for their legal assistants’ actions. In other words, while the Model Rules do not apply to you as a legal assistant, if you violate a Rule, it may expose the lawyer for whom you work to liability.