House of Delegates to Attempt to Conclude Consideration of Ethics 2000 (2002?)

• Publication year: 2002
• Pages: 33

31 Colo.Law. 33 Colorado Lawyer 2002.

2002, January, Pg. 33. House of Delegates To Attempt To Conclude Consideration Of Ethics 2000 (2002?)

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Vol. 31, No. 1, Pg. 33

The Colorado Lawyer
January 2002
Vol. 31, No. 1 [Page 33]

Departments
ABA Delegates' Report
House of Delegates To Attempt To Conclude Consideration Of Ethics 2000 (2002?)
by Robert R. Keatinge

As noted in an earlier report,1 the ABA House of Delegates is considering a complete revision to the Model Rules of Professional Conduct ("Rules"). At the Annual Meeting in August, it considered Rules 1.0 through 1.10 which were printed as part of that earlier report in The Colorado Lawyer.2In Philadelphia, at the February 4-5, 2002 Midyear Meeting, it will resume consideration of the Ethics 2000 Report. The House will begin discussion with Rule 1.11 and continue until all of the Rules are discussed, except Rules 5.5 and 8.5, which deal with Multijurisdictional Practice ("MJP")

There were several points of contention in the Rules considered last summer. It appears that there will be less controversy concerning the Ethics 2000 recommendations remaining to be considered. As a result, the leadership of the House is hopeful that the balance of the Rules (other than Rules 5.5 and 8.5) can be considered at the Midyear Meeting.

The lack of disagreement on the Ethics 2000 Report may be due in part to a strong desire on the part of the Commission drafting the Ethics 2000 Report not to create the sort of controversy that characterized the discussion of the Commission on Multidisciplinary Practice ("MDP").3 Not only has the Ethics 2000 Commission avoided becoming embroiled in the MDP (Rule 5.4) and MJP (Rules 5.5 and 8.5), but it also has backed away from such potentially divisive issues as: pro bono obligations (Rule 6.1); law firm discipline, ancillary business (Rule 5.7); and pay-to-play (Rule 7.8). Nonetheless, the Ethics 2000 Report does introduce some significant changes, such as new rules dealing with duties to potential clients (Rule 1.18), the elimination of the differences between the duties of an "intermediary" (Rule 2.2), and other rules dealing with potential conflicts of interest (Rule 1.7).

Under proposed special rules of the House, the Ethics 2000 Report will be considered on Monday, February 4, from 2:00 to 4:00 p.m., and Tuesday, February 5, from 8:00 to 10:00 a.m in hopes of...