Aba Model Rules Reflect Technology, Globalization

• Jurisdiction: California,United States
• Citation: Vol. 09 No. 2012 Pg. 06
• Publication year: 2012
• Pages: 06
• Year: 2012
• topic: Business of Law,Technology

California Bar Journal 2012.

CBJ - September 2012 #06. ABA Model Rules reflect technology, globalization

The California Lawyer
September 2012

ABA Model Rules reflect technology globalization

By Diane Karpman

On Aug. 6, 2012, the House of Delegates of the American Bar Association modified the ABA's Model Rules of Professional Conduct. It should be noted that the ABA's rules are not completely enacted as written in any "model state," but they are considered highly influential guidance when states update their own idiosyncratic Rules of Professional Conduct.

In California, the ABA Model Rules of Professional Conduct may be considered as a collateral source, particularly regarding issues for which there is no direct authority, as long as there is no conflict with California public policy. State Compensation Insurance Fund v. WPS Inc. (1999) 70 Cal.App.4th 644, 656.

Unfortunately, in California, changes to the Rules of Professional Conduct seem to be languishing in some sort of bureaucratic limbo, despite the fact that the ABA has modified its rules two or three times to reflect the tremendous changes brought on by technology and globalization in the practice of law. For instance, earlier this month, the ABA House of Delegates approved rule changes involving topics such as outsourcing, confidentiality when using...