ABA issues guidance on a lawyer’s diligence under revised Model Rule 1.16
The American Bar Association Standing Committee on Ethics and Professional Responsibility released today a formal opinion that provides guidance on a lawyer’s obligations when advising an organization about conduct that may create legal risks for the organization’s constituents.
Formal Opinion 514 cites Rule 1.1 of the ABA Model Rules of Professional Conduct which sets forth a general standard of competent representation, necessary communication under Rule 1.4 and candid advice under Rule 2.1.
When advising an organization, lawyers necessarily provide their legal advice through constituents such as employees, officers or board members which may have legal implications for its constituents who will be acting on the organization’s behalf. This situation implicates both the lawyer’s duties to the organization client and the lawyer’s professional obligations in interacting with the nonclient constituents of the organization.
The opinion encourages lawyers to advise and remind an organization’s constituents about the lawyer’s role early and often during the relationship. “When an organization’s lawyer provides advice to the organization about proposed conduct that may have legal implications for individual constituents, the constituents through whom the lawyer conveys advice may misperceive the lawyer’s role and mistakenly believe that they can rely personally on the lawyer’s advice,” the opinion reads. It cites Rules 4.1, 4.3 and 1.13(f) that require an organization’s lawyer to take reasonable measures to avoid or dispel constituents’ misunderstandings about the lawyer’s role.
The standing committee periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior.
Formal Opinion 514 cites Rule 1.1 of the ABA Model Rules of Professional Conduct which sets forth a general standard of competent representation, necessary communication under Rule 1.4 and candid advice under Rule 2.1.
When advising an organization, lawyers necessarily provide their legal advice through constituents such as employees, officers or board members which may have legal implications for its constituents who will be acting on the organization’s behalf. This situation implicates both the lawyer’s duties to the organization client and the lawyer’s professional obligations in interacting with the nonclient constituents of the organization.
The opinion encourages lawyers to advise and remind an organization’s constituents about the lawyer’s role early and often during the relationship. “When an organization’s lawyer provides advice to the organization about proposed conduct that may have legal implications for individual constituents, the constituents through whom the lawyer conveys advice may misperceive the lawyer’s role and mistakenly believe that they can rely personally on the lawyer’s advice,” the opinion reads. It cites Rules 4.1, 4.3 and 1.13(f) that require an organization’s lawyer to take reasonable measures to avoid or dispel constituents’ misunderstandings about the lawyer’s role.
The standing committee periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior.
Jones Day names two new partners
The global law firm Jones Day has announced that 37 lawyers were admitted to its partnership effective January 1, including two lawyers in Detroit.
The new partners in Detroit are Andrew J. Clopton and Kurt A. Johnson, both with the Issues & Appeals practice group. Clopton is a magna cum laude graduate of the University of Michigan Law School, obtaining his juris doctor in 2015. Johnson is a summa cum laude graduate of the U-M Law School, earning his juris doctor in 2015.
“This class of new partners once again reflects Jones Day’s ability to provide our valued clients the guidance and legal solutions for their most complex business challenges across the globe,” said Gregory M. Shumaker, managing partner of Jones Day.
The new partners in Detroit are Andrew J. Clopton and Kurt A. Johnson, both with the Issues & Appeals practice group. Clopton is a magna cum laude graduate of the University of Michigan Law School, obtaining his juris doctor in 2015. Johnson is a summa cum laude graduate of the U-M Law School, earning his juris doctor in 2015.
“This class of new partners once again reflects Jones Day’s ability to provide our valued clients the guidance and legal solutions for their most complex business challenges across the globe,” said Gregory M. Shumaker, managing partner of Jones Day.
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