Model Rules for Lawyer Discipline Enforcement Currently Under Review

You may know that the American  Bar Association (ABA) promulgates the Model Rules of Professional Conduct but did you know that the ABA also distributes the Model Rules for Lawyer Discipline Enforcement? Where the former are the basis for individual state-based ethical standards, the latter form the basis for the state-based procedures for investigating and prosecuting the complaints against lawyers who are alleged to have violated the ethical standards. So why are we telling you this? Because this review will likely have a significant impact on the legal malpractice landscape of the future. By all accounts, the ABA is going to set a hard line on the enforcement of these ethical standards. Furthermore, the ABA is likely to explore mechanisms to address attorney discipline in the current tech-savvy climate. We’ll be watching for further developments on this topic and so should you.