Also known as:ABA Model Rule · Model Rules of Professional Conduct · Model Rule · Model Rules · ABA Rules
Written by attorneys · grounded in primary & secondary sources — see below
A compilation of standards governing lawyer conduct promulgated by the American Bar Association. The rules address client-lawyer relationships, conflicts of interest, duties to the legal system, and regulation of the profession. Jurisdictions adopt and adapt the model rules to establish enforceable professional obligations.
Sources & Authorities· 5 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Study Supplements
How it applies
Common Examples
5
Duty to Report Misconduct
Alexandra Armstrong discovers that a partner at the firm has been misappropriating client funds. The client who suffered the loss asks Alexandra not to report the partner and instead accepts a private restitution agreement. Alexandra must still report the misconduct to disciplinary authorities because the information is not protected as confidential.
Refusal to Present Perjury
Adam Anderson's client insists on testifying falsely at trial. Adam first attempts to dissuade the client. When the client refuses to change course, Adam declines to present the false testimony and informs the court of the perjury as a remedial measure.
Settlement Fee Waiver Proposal
Ava Adebayo represents plaintiffs in a civil rights action. Defense counsel offers a settlement that includes a waiver of statutory attorney fees. Ava evaluates whether the waiver would create improper incentives and whether accepting it would violate her professional obligations to the clients.
Evans v. Jeff D.475 U.S. 717 (1986)
Appointment in Termination Case
Abigail Alvarez is appointed to represent a parent in a proceeding to terminate parental rights. She assesses whether the appointment would impose an unreasonable financial burden or create a conflict that would prevent competent representation under the applicable ethics rules.
Lassiter v. Department of Social Servs. of Durham Cty.452 U.S. 18 (1981)
Juror Bias Disclosure Duty
Amber Alonzo learns after verdict that a juror harbored racial bias against her client. She considers whether the newly discovered information triggers an obligation to disclose the bias to the court consistent with duties of candor.
Pena-Rodriguez v. Colorado137 S. Ct. 855, 861 (2017)
Common questions
Frequently Asked
5
When must a lawyer report another lawyer's misconduct under the ABA Model Rules?+
A lawyer must report another lawyer's violation of the rules that raises a substantial question about honesty, trustworthiness, or fitness if the lawyer knows of the violation and no confidentiality rule prevents disclosure. The duty applies even when the information comes from a client who prefers silence, provided the information is not protected under Rule 1.6.
Supporting sources
Does a lawyer violate the duty of loyalty by refusing to present perjured testimony?+
No. Counsel's duty of loyalty does not extend to assisting a client in committing perjury. The lawyer must first attempt to dissuade the client and may disclose the perjury to the court as a reasonable remedial measure when necessary.
When does a concurrent conflict require withdrawal under the ABA Model Rules?+
A lawyer must withdraw from at least one representation when continuing both would result in a violation of Rule 1.7 because the lawyer cannot reasonably believe competent and diligent representation can be provided to each client. Direct adversity between current clients on the same core allegation creates a nonconsentable conflict.
Supporting sources
What must an applicant disclose on a bar application under Rule 8.1?+
An applicant must not knowingly make a false statement of material fact. A regulatory inquiry into potential deceptive practices is material even if no formal charges result, and a negative response to a question about such inquiries constitutes a violation when the applicant knows the inquiry occurred.
Supporting sources
Does a state have disciplinary authority over an out-of-state lawyer under Rule 8.5?+
Yes. A lawyer not admitted in the jurisdiction is subject to its disciplinary authority if the lawyer provides or offers to provide legal services in that jurisdiction. Physical travel for client meetings and electronic filings directed to an agency in the jurisdiction satisfy the standard.
Supporting sources
Model Rules
for Juvenile Courts,
Rule
39 (1969); U. S. Dept. of HEW, Children's Bureau, Legislative Guide for Drafting Family and Juvenile Court Acts § 25 (b) (1969); U. S. Dept. of HEW, Children's…
of
Professional
Conduct
(2009)). And in this case, the failures seriously prejudiced a client who thereby lost what was likely his single opportunity for federal habeas review of the lawfulness of his imprisonment…
of
Professional
Conduct
1.7–1.9, 1.18 (2016). [^maj-14]: See Brief for 2,624 Women Injured by Abortion et al. as Amici Curiae 14–22 (firsthand accounts of abortion procedures in Louisiana); Brief for Priests…
ABA Model Rules
of
Professional
Conduct
1.7(b) (1984); ABA
Model
Code of
Professional
Responsibility DR 5-105(C) (1980). The relief available in a duty of fair representation action also makes the trust action the better
model
.…
Professional ResponsibilityRegulation of the legal profession · Admission to the professionMPREFoundational