A new hallmark for integrity; with a stricter ethics code for a voluntary bar, public trust can only grow
Article Abstract:
The organized bar will eventually become a voluntary rather than a mandatory organization. Membership in the ABA has always been voluntary, and other bar associations will follow its lead. US Supreme Court decisions do, however, pose the issue of the future of attorney discipline when the voluntary bar is the norm. Decisions such as 1990's Keller v. State Bar of California have restricted the power of the attorney disciplinary process in ways previously unthought of. Perhaps the ABA willl need two Model Rules of Professional Conduct, one with minimal standards and one with optimum ethical standards for the profession.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
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No: good intentions cannot justify bad law
Article Abstract:
The California rule barring offensive speech by lawyers is unconstitutional both for its vagueness and because lawyers have the same constitutional freedom of speech as everyone else. The societal threshold defining when free speech becomes illegal discrimination applies to everyone, including lawyers, but applying a more restrictive standard to them than to others would be unfair. The Constitution requires all Americans to tolerate objectionable speech.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
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No: It's already covered
Article Abstract:
Sex between attorney and client should not be subject to specific regulation since it is not an ethical breach in every case. Current laws regarding sexual relations and fiduciary duty, while not specifically addressing lawyer-client sex, do address the broader legal categories they fall under. This protects clients by allowing them legal recourse. Furthermore, professional conduct rules do not spell out morality, which is implicit in a code of ethics.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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