Also known as: Model Rules · MRPC · ABA Model Rules · Rules of Professional Conduct
Written by attorneys · grounded in primary & secondary sources — see below
A collection of ethical standards promulgated by the American Bar Association that most states have adopted to regulate lawyer conduct. The rules address duties of competence, loyalty, confidentiality, and candor as well as obligations to the legal system and the public.
Matthew Martinez asked his lawyer to file a pleading containing facts the lawyer knew were false. The lawyer realized that Martinez expected assistance the rules forbid. The lawyer therefore met with Martinez to explain that the rules barred the requested filing and that the lawyer could not proceed without truthful information.
Mason McCarthy, a partner at Morgan Financial's outside firm, learned that an associate planned to contact a represented party without consent. McCarthy reviewed the associate's proposed communications and required revisions to ensure compliance before any contact occurred.
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Malcolm McKinley, a junior associate, questioned whether a proposed settlement release violated confidentiality duties. His supervising partner provided a reasoned analysis concluding the release was permissible. McKinley followed that analysis and included the release language in the agreement.
Maria Morales received a direct instruction from her managing partner to withhold a key document from opposing counsel during discovery. Morales recognized that the instruction conflicted with disclosure obligations and therefore produced the document despite the partner's order.
Mustafa Mahmoud sought to retain the same lawyer who already represented a codefendant in a fraud prosecution. The trial court found the joint representation created an actual conflict that could not be waived and disqualified the lawyer from representing Mahmoud.
Marcus Mitchell's lawyer advised him to reject a settlement offer that required waiver of statutory attorney fees. Mitchell nevertheless accepted the offer after weighing the immediate recovery against the uncertain fee award, and the court enforced the waiver.
No. The Scope section states that violation of a rule does not itself give rise to a cause of action or create any presumption that a legal duty has been breached. Plaintiffs must still prove the elements of malpractice under state tort law.
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Rule 1.4(a)(5) requires consultation when the lawyer knows the client expects assistance the rules or other law do not permit. The lawyer must explain the limitation so the client can make informed decisions about the representation.
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Generally no. Rule 5.2(a) provides that a lawyer remains bound by the rules even when acting at another's direction. A subordinate is protected only under the narrow safe harbor of Rule 5.2(b) when following a supervisor's reasonable resolution of an arguable question of duty.
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Rule 5.1(b) requires a lawyer with direct supervisory authority to make reasonable efforts to ensure that the supervised lawyer conforms to the rules. Failure to do so can result in the supervisor's own discipline even without personal misconduct.
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…(c) (1969). Cf. the proposal of the National Council on Crime and Delinquency that a "clear and convincing" standard be adopted. Model Rules for Juvenile Courts, Rule 26, p. 57 (1969). See generally Cohen, The Standard of Proof in Juvenile Proceedings: Gault Beyond a Reasonable Doubt, 68 Mich. L. Rev. 567 (1970). [^maj-4]:…