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Motivated in part by this concern, in 1977 the American Bar Association (ABA) formed the Kutak Commission (formally the Commission on Evaluation of Professional Standards) for the purpose of evaluating the adequacy of the existing ethics rules, including the Model Code of Professional Responsibility. [29]
The professional practice of behavior analysis is a hybrid discipline with specific influences coming from counseling, psychology, education, special education, communication disorders, physical therapy and criminal justice. As a discipline it has its own conferences, organizations, certification processes, and awards.
In response, the Model Rules consists simply of Rules. [2] According to the Code's Preface, it was derived from the ABA's Canons of Professional Ethics (1908), which in turn were borrowed from the Canons of the Alabama State Bar (1887), which in turn were inspired by several sources such as ethics resolutions in an 1830s legal textbook.
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, [ 2 ] the ABA's stated activities are the setting of academic standards for law schools , and the formulation of model ethical codes related to the ...
Clinical behavior analysis (CBA; also called clinical behaviour analysis or third-generation behavior therapy) is the clinical application of behavior analysis (ABA). [1] CBA represents a movement in behavior therapy away from methodological behaviorism and back toward radical behaviorism and the use of functional analytic models of verbal behavior—particularly, relational frame theory (RFT).
To constitute ineffective counsel, a defendant's attorney's performance must have fallen below "an objective standard of reasonableness." [5] Courts are "highly deferential," indulging a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."
However, though the rules emphasise the importance of the duty of confidentiality, this is not a hard rule. Not all information connected with the retainer meets the legal test of confidentiality. The duty of confidence applies to "any information, which is confidential to a client and acquired by [a] practitioner or [a] practitioner's firm ...
The obligation to disclose adverse authority is in tension with the attorney's obligation to zealously represent the interests of the client. However, various public policy arguments have been set forth to explain why the attorney's duty of candor to the court with respect to such authority outweighs the duty to the client's cause.
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