Office of Bar Counsel, 0820 WYBJ, Vol. 43 No. 4. 10
| Author | Mark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming |
| Position | Vol. 43 4 Pg. 10 |
ABA Formal Ethics Opinions: An Under-Utilized Resource for Wyoming Lawyers
Mark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming
In 1983, the ABA adopted Model Rules of Professional Conduct, replacing the Model Code of Professional Responsibility which had been in place since 1969. Wyoming followed suit in 1987, adopting Rules of Professional Conduct based largely on the Model Rules. In the nearly four decades since the Model Rules were conceived, the ABA’s Standing Committee on Ethics and Professional Responsibility has issued 145 Formal Opinions, nearly all of which are interpretive of applicable Model Rules.
For Wyoming lawyers, the Formal Opinions offer a valuable resource. More often than not (and increasingly in recent years), the Wyoming rules track the Model Rules verbatim. As there is no mechanism for the issuance of formal ethics opinions by the Wyoming State Bar, members are encouraged to refer to the Formal Opinions, a list of which (organized both chronologically and by subject matter) is available on the ABA’s website. Copies of specific Formal Opinions can be purchased for a small per-opinion fee. Many Formal Opinions are in the public domain and can be found through an Internet search.
When referring to a Formal Opinion, it is important to take note of the vintage of the opinion. This is because the Model Rules have undergone two major revisions since their adoption in 1983. The first amendment initiative began in 1997, when the ABA formed the Commission on Evaluation of Rules of Professional Conduct (Ethics 2000 Commission) to undertake a comprehensive evaluation of the Model Rules in light of developments in the legal profession in the years since their adoption. The Commission submitted its report to the ABA House of Delegates in 2001. Following debate, significant changes were made to the Model Rules in 2002. In broad terms, the changes made to the Model Rules as a result of Ethics 2000:
1. Clarified and strengthened a lawyer’s duty to communicate with the client;
2. Clarified and strengthened a lawyer’s duty to clients in certain specific problem areas;
3. Responded to the changing organization and structure of modern law practice;
4. Responded to new issues and questions raised by the influence that technological developments were having on the...
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