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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]
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."
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.
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 ...
Confidentiality agreements that "seal" litigation settlements are not uncommon, but this can leave regulators and society ignorant of public hazards. In the U.S. state of Washington, for example, journalists discovered that about two dozen medical malpractice cases had been improperly sealed by judges, leading to improperly weak discipline by ...
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 ...
The Council for Accreditation of Counseling & Related Educational Programs (CACREP) is a programmatic accreditor of counseling education programs at colleges and universities in the United States. It is recognized by the Council for Higher Education Accreditation (CHEA).
Physician–patient privilege is a legal concept, related to medical confidentiality, that protects communications between a patient and their doctor from being used against the patient in court. It is a part of the rules of evidence in many common law jurisdictions. Almost every jurisdiction that recognizes physician–patient privilege not to ...
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