Abusers Anonymous; Model Rule amendment permits confidential assistance

Article Abstract:

Substance abuse may occur more frequently among attorneys than in the general population. The bar has responded by initiating impaired lawyer programs, which have enjoyed considerable success. One important element in this success is assuring participants of confidentiality if they seek help. In Aug 1991, the ABA amended Model Rule of Professional Conduct 8.3 in an attempt to address this problem. The amendment absolved lawyers of the obligation to report information gained while serving on a lawyer-assistance program if this information would be protected by the attorney-client privilege.

Analysis, Attorneys, Lawyers, Drug use, Confidential communications, Employee assistance programs, Attorney-client privilege

---

Mixed messages; when jurisdictional rules collide, lawyers can get caught in the middle

Article Abstract:

Lawyers licensed to practice in more than one state are likely to find conflicting rules of conduct. District of Columbia Rule 5.4(b), which allows non-lawyers to be partners in firms, is in conflict with Model Rule 5.4(b) and the rules of 52 other jurisdictions. Some states bind to their disciplinary rules attorneys admitted to their jurisdiction pro hac vice. A few states claim disciplinary authority over attorneys practicing in their jurisdiction for any reason.

Legal ethics, Conflict of laws, Jurisdiction

---

One on one; the ground rules for post-trial contact with jurors

Article Abstract:

ABA Model Rule of Professional Conduct 3.5 forbids ex parte contact with jurors except as permitted by law. Most jurisdictions have similar rules. Generally, an attorney who thinks a verdict may be appealable due to juror misconduct may speak to jurors if no law prohibits it. Evidence to impeach the verdict is more likely to appear in cases involving the wealthy or well-known, as these tend to be heavily covered by the media.

Ethical aspects, Trial practice, Ex parte procedure, Jury, Juries

Similar abstracts:

• Abstracts: Huge fees don't foil his company. Directing change at ITT industries
• Abstracts: The forty-sixth session of the International Law Commission. The forty-ninth session of the International Law Commission
• Abstracts: Expert sues three law firms; claims defendants conspired to destroy consulting business. Texas judge sues colleagues; claims her dissent should be filed even though she did not hear case
• Abstracts: A league of their own; Women's Commission creates group to turn concerns into action. Lawman plays the blues; from clubs to courtrooms, in music and in words

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.