An ABA report seeks a change in ethics rules regulating government lawyers
Article Abstract:
The ABA Committee on Government Standards has suggested changes to the ethics rules pertaining to government attorneys. Two of the four levels currently regulating government attorneys come under public law and two under the ABA Rules of Professional Conduct. The latter detail both ethical rules for all lawyers and special conflict-of-interest limitations for government attorneys. The public law regulations depend on the jurisdiction the lawyer is employed by. The ABA recommends dropping the standard that former interest group employees cannot work for the government.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Client confidence covers a wider range of information than client privilege
Article Abstract:
Attorneys and judges should not forget that client confidence and attorney-client privilege are two distinct concepts. The former, an agency law concept, is stated in ABA Model Rule of Professional Conduct 1.6 and in Section 111 of the Restatement of the Law Governing Lawyers. The attorney-client privilege belongs to the law of evidence and is contained in Section 118 of the above Restatement as well as cases such as Upjohn Co v United States. The client confidence rule pertains to a much broader range of information than the attorney-client privilege.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Uncertainty subjects lawyers to jeopardy of the kind to which Kaye Scholer was exposed
Article Abstract:
Disclosure of facts adverse to a client is an unregulated aspect of law practice. The civil litigation attorney's standard for disclosure is conditional and indirect, with disclosure conditionally required by an opponents discovery request, and discovery rules indirectly addressing the attorney through the client. Attorneys have some obligation to disclose facts adverse to the client, excluding confidential attorney-client conversations about conduct of the litigation. Disclosure duties must be decided on a case-by-case basis.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Court trims Congress' sails on immigrants; key 5-4 rulings reduce harshness of government action. Affirmative action returns to center court; amid war talk, justices begin 2001 term
- Abstracts: Charitable remainder trusts: final regulations on prevention of abuse of CRTs. Charitable estate planning with retirement benefits
- Abstracts: Labor law; NLRB decision in 'Sturgis.' Labor law; regulating employee e-mail. Labor law; NLRB battles the courts
- Abstracts: Court leaves cliffhangers for last. Bush's parting shot on habeas: asks for more restrictions. Back to the future; the justices re-examine the habeas corpus writ
- Abstracts: What are ethics? The right thing ... the right way. Quality, not quantity counts