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New ABA Model Rules Available

Model Rule 1.6 was passed, and Model Rule 1.13 was amended earlier this week during the ABA Annual Meeting. See the following links: new Rule 1.6 and new Rule 1.13. Thanks to Brian Myers, Information Coordinator, ABA Division for Bar Services, for these links, as well as the text below:

  • RESOLVED, That Rule 1.13 of the Model Rules of Professional Conduct and its Comment be amended as follows: RULE 1.13
  • ORGANIZATION AS CLIENT
    (b) If a lawyer for an organization knows that an officer, employee or other person associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law which reasonably might be imputed to the organization, and that is likely to result in substantial injury to the organization, then the lawyer shall proceed as is reasonably necessary in the best interest of the organization. Unless the lawyer reasonably believes that it is not necessary in the best interest of the organization to do so, the lawyer shall refer the matter to higher authority in the organization, including, if warranted by the circumstances, to the highest authority that can act on behalf of the organization as determined by applicable law.
  • See the Model Rules of Professional Conduct 2003 Edition, which will be updated soon, to reflect this week’s changes.
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