Also known as:model rules of professional conduct · model rule · model rules · MRPC · ABA Model Rules
Written by attorneys · grounded in primary & secondary sources — see below
A collection of standards promulgated by the American Bar Association to guide lawyer conduct and to serve as a model for state disciplinary rules. The rules address duties to clients, the public, and the legal system, including obligations concerning candor, conflicts, and reporting of misconduct.
Sources & Authorities· 5 primary sources
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Cases
Uniform Acts
Model Codes
Casebooks
Hornbooks
Course Outlines
Study Supplements
How it applies
Common Examples
6
Duty to Report Misconduct
Miranda Morales learns from a client that another lawyer has misappropriated client funds. The client asks Morales not to report the theft. Morales discloses the misconduct to disciplinary authorities because the information is not protected as confidential.
Refusal to Present Perjury
Megan Moore represents a defendant who insists on testifying falsely. Moore refuses to present the perjured testimony and informs the court after attempting to dissuade the client.
Targeted Direct-Mail Solicitation
Maya Malik sends truthful letters to individuals known to face specific legal problems. The state bar challenges the mailings, but the practice is protected because it is neither false nor deceptive.
Shapero v. Kentucky Bar Association486 U.S. 466 (1988)
Attorney Advertising Disclosure
Melissa Mills places an advertisement that includes a required disclosure about contingent fees. The bar seeks to discipline her for the format, but the disclosure requirement is upheld as constitutional.
Specialty Certification Claim
Michael Miller states on his letterhead that he is certified as a specialist by a recognized organization. The bar challenges the claim, but truthful statements of certification receive First Amendment protection.
Peel v. Attorney Registration and Disciplinary Commission of Illinois496 U.S. 91, 110 S.Ct. 2281, 110 L.Ed.2d 83 (1990)
Extrajudicial Statements
Musa Mensah holds a press conference about an ongoing case and makes statements that the bar claims create a substantial likelihood of material prejudice. The statements receive protection because they do not pose that risk.
Gentile v. State Bar of Nevada501 U.S. 1050 (1991)
Common questions
Frequently Asked
6
Does a bar applicant violate Model Rule 8.1(a) by failing to disclose a regulatory interview that produced no formal charges?+
Yes. Rule 8.1(a) prohibits knowingly making a false statement of material fact on a bar application. An interview focused on possible deceptive reporting is a regulatory inquiry that must be disclosed even if no charges result.
When does a firm have good cause under Rule 6.2 to decline a court appointment?+
Good cause exists when acceptance would likely produce a violation of the Rules of Professional Conduct. An unconsented concurrent representation of directly adverse clients satisfies the exception even if an ethical screen is in place.
Does an out-of-state lawyer provide legal services in a jurisdiction under Rule 8.5(a) by traveling there for client meetings and electronic filings?
+
Yes. Physical travel for strategy discussions and filings directed to an agency in the jurisdiction constitute the provision of legal services, triggering disciplinary authority even if drafting occurred elsewhere.
May a lawyer continue joint representation after discovery reveals differing degrees of fault among clients?+
No. Rule 1.7(b) requires a reasonable belief that competent and diligent representation remains possible for each client. Discovery showing one client bears greater responsibility defeats that belief and requires withdrawal from at least one representation.
Must a lawyer withdraw from one of two directly adverse current-client representations under Rule 1.16(a)(1)?+
Yes. When one client accuses another of misappropriation and the lawyer is asked to support both opposing positions, the conflict is nonconsentable. Rule 1.7 prohibits continued representation and triggers mandatory withdrawal.
Is a lawyer required to report another lawyer's forgery of client signatures under Rule 8.3(a)?+
Yes. Actual knowledge of repeated forgery and deceptive billing that raises a substantial question about honesty triggers the reporting duty when no Rule 1.6 confidentiality barrier prevents disclosure.
Conduct
,
Rule
3.5 (Sept. 15, 2016) (overview of state ethics
rules
); 2 Jurywork Systematic Techniques §13:18 (2016–2017) (overview of Federal District Court
rules
). These limits seek to provide…
Model Rules of Professional Conduct
, extend the prohibition to employment resulting from unsolicited advice in telephone calls, letters, or communications directed to a specific recipient.[^maj-42] Ohio and 14 other States go…
Rule
7.3 of the American Bar Association’s
Model Rules of Professional Conduct
(1984). On review of the Ethics Committee’s advisory opinion, the Kentucky Supreme Court felt “compelled by the decision in Zauderer to order [
Rule
3.135(5)(b)(i)] deleted,” 726 S. W. 2d…
Responsibility and its
Model Rules of Professional Conduct
, as well as the
rules
of the California Bar Association (which governed the attorneys in this case), impose limitations on multiple representation of clients. See ABA
Model
Code of…
Professional ResponsibilityRegulation of the legal profession · Admission to the professionMPREFoundational