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ABA House of Delegates OKs new model rules on client communication

Tuesday, August 7, 2018   (0 Comments)
Posted by: Joe Menden
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The ABA House of Delegates took action to update lawyer-client communication model rules approve a new ABA membership model at its two-day meeting that ended Tuesday.

The House also passed a resolution urging the U.S. government to never again pursue the policy of separating families at the southern U.S. border.

The lawyer communications measure, Resolution 101, culminated years of work by the ABA Standing Committee on Ethics and Professional Responsibility and affiliated groups, which have shepherded the process for review of model rules related to advertising and lawyer communications with clients.  

The action updates ABA Model Rules for state licensing regulators to consider that relate to communications with and solicitation of clients, lawyer advertising and communication of fields of practice and specialization. The changes, which clarify and simplify current rules, emphasize false and misleading advertising and are intended to reflect a balance between First Amendment rights and consumer protection.

The House concluded House approved Resolution 10C, which asks the Executive Branch and Congress to fix the border situation and ensure a policy of separation is never reinstated. The resolution was introduced by the Minnesota State Bar Association along with state bars from Connecticut and Massachusetts and three ABA entities.

On Monday, the House, the association’s policy-making body of 601 delegates from state, local and specialty bar associations, adopted the new membership plan (Resolution 177), which effectively streamlines the ABA membership scheme by reducing some dues at the highest level and cutting the price points of membership from 157 to five. Under the plan, which takes effect Sept. 1, 2019, ABA members will have access to more and better content, including hundreds of free CLEs and information curated and delivered according to members’ individual interests and specifications.

The five new ABA dues categories are $75, $150, $250, $350 and $450, depending on years as a lawyer and type of practice. Law students will still receive free membership.

In other action over two days the House:

  • Concurred with four legal education resolutions, including one expanding the opportunity for online legal education under ABA Standards and Rules of Procedure for Approval of Law Schools. A fifth resolution, which would have relaxed the requirement for a “valid and reliable” test, like the LSAT, in the law school admissions process, was withdrawn. About two dozen law schools now allow for the GRE, and the challenge for the Council of the ABA Section of Legal Education and Admissions to the Bar, the national accreditor of law schools, is how to determine what constitutes a “valid and reliable” admissions test.
  •  Approved Resolution 300 urging legal industry employers not to have policies requiring arbitration of sexual harassment claims. The ABA Commission on Women in the Profession sponsored the proposal, which has become a rallying cry in the #MeToo movement that has grown amid allegations of widespread sexual harassment.
  • Approved Resolution 114, which adopts the black letter and commentary to the ABA Ten Guidelines on Court Fines and Fees and urges governmental agencies to promulgate law and policy consistent with the guidelines. The guidelines are intended to minimize excessive penalties if an individual cannot afford to pay them and evolved from the work of a Working Group on Building Trust in the American Justice System that included ABA entities and others.

For a complete list of House actions click here.