ABA addresses lawyer use of technology, nonlawyer assistance

August 8, 2012
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The American Bar Association’s House of Delegates has been busy these last few days, adopting policies on criminal justice reforms, civil standards in immigration detention, and ethics in the profession.

It’s this last area that has the most impact on attorneys no matter what your practice, as the House of Delegates approved six recommendations sponsored by the ABA’s Commission Ethics 20/20 that amend the ABA Model Rules of Professional Conduct and commentary. The rules cover the use of technology and confidentiality as well as the ethical implications of retaining lawyers and nonlawyers outside the firm to work on client matters.

The comment to Rule 1.18 on Duties to Prospective Client says that “Whether communications, including written, oral or electronic communications, constitute a consultation depends on the circumstance.”

The comment to Rule 7.2 on advertising now says a lawyer can pay others for generating client leads that include Internet-based client leads as long as certain conditions are met.

The comment to Rule 5.3 on Responsibilities Regarding Nonlawyer Assistance outlines when a lawyer may use nonlawyers outside the firm, which is new commentary. The commentary previously just addressed the use of nonlawyers within the firm.

You can read about all the resolutions adopted by the ABA on its website.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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