Rules Governing Lawyers
The rules applicable to lawyers are not uniform across the United States and can be divided into two categories: professional rules and standards and the law governing lawyers. Professional Rules and Standards are divided amongst several categories: ABA Codes of Ethics, Ethics Advisory Opinions, Specialized Codes and Practice Norms. In almost every state, the authority to regulate the practice of law lies with the highest court in the state. Most state and federal courts base their rules on the American Bar Association’s (ABA) Model Rules of Professional Conduct adopted in 1983. The ABA has no legal authority over the practice of law, but it does have significant influence in the area of professional responsibility. The model rules are categorized into eight sections: client-lawyer relationship, counselor, advocate, transactions with persons other than clients, law firms and associations, public service, information about legal services, and maintaining the integrity of the profession. More then 40 states have adopted the 83 version of the Model rules. Although these standards have no legal effect unless adopted by a court or legislature, they can provide guidance to practitioners and provide evidence of good faith.
