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3.4: Responsibility for cooperation and fair dealing with other parties and attorneys. [17] 3.8: Special Responsibilities of a Prosecutor. [18] 4 Transactions with Persons Other Than Clients 4.2: No-Contact Rule; if a person has an attorney, other attorneys should not communicate directly with that person. [19] 5 Law Firms and Associations
It was replaced with the Model Rules of Professional Conduct in 1983 for a number of reasons, especially the Watergate scandal. [1] The Code was also subject to widespread criticism from bench and bar that it was structurally flawed, difficult to understand, hard to obey, and impossible to enforce.
The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client ...
Professional responsibility is defined by professional accepted standards of personal behaviour, moral values, and personal guiding principles. [16] Codes for professional responsibility may be established by professional bodies or organizations to guide members in performing functions to a consistent ethical set of principles. [17]
The duty to report misconduct is one of the ethical duties imposed on attorneys in the United States by the rules governing professional responsibility. [1] With certain exceptions, an attorney who becomes aware that either a fellow attorney or a judge has committed an act in violation of the rules of ethical conduct must report that violation.
In "The Essentials of Business Etiquette," Barbara Pachter writes about the rules people need to understand to conduct and present themselves appropriately in professional social settings.
However, these jurisdictions still incorporate local professional responsibility rules in their respective bar examinations. Connecticut [1] and New Jersey [2] waive the MPRE requirement for bar candidates who have earned a grade of "C" and "C−", respectively, or better in a law school course in professional responsibility.
Often cited discussion of the Himmel rule are by Richard W. Burke in 3 Geo.J.Legal Ethics 643 (1989-1990) and by Bruce Green in 39 William & Mary Law Review pp. 357–392 (vol. 39, issue 2), although the case has been cited over 300 times, as well as at least mentioned in over 200 law reviews. [6] At least one lawyer has criticized the Himmel ...