 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Arkansas Bar Association3/3/2005
PETITION TO REVISE THE ARKANSAS RULES OF PROFESSIONAL CONDUCT
The Arkansas Bar Association petitioned the Supreme Court to revise the Arkansas Rules of Professional Conduct by replacing them with proposed rules patterned on the latest version of the American Bar Association Model Rules of Professional Conduct. The Arkansas Bar Association through its Professional Ethics Committee and the House of Delegates reviewed the American Bar Association's Model Rules and made some changes culminating with the draft rules attached to its petition filed with this Court.
The Court published the Bar's proposed rules for comment on December 11, 2003. See In Re Arkansas Bar Association, 355 Ark. Appx., 129 S.W. 3d 815 (2003). We thank everyone who reviewed the proposal and submitted comments. We thank the Arkansas Bar Association for its work.
We have studied the proposed rules as well as the comments. Today, we grant the Bar's petition and adopt the Arkansas Rules of Professional Conduct as published at the end of this per curiam order, and they shall be effective as of May 1, 2005. They will replace the existing Rules of Professional Conduct, which became effective January 1, 1986. See In Re The Arkansas Bar Assoc., 287 Ark. Appx. 495, 702 S.W.2d 326 (1985).
Except as noted below, the Court has made only minor, non-substantive, changes to the rules proposed by the Bar and published for comment. Rules 1.6 and 1.13 that are adopted today are different from those published for comment. Subsequent to the Arkansas Bar Association's petition, the American Bar Association modified its Model Rules 1.6 and 1.13, and the Arkansas Bar Association's House of Delegates requested that the Court substitute rules more in line with the American Bar Association's Model Rules. We agree.
The other significant departure from the rules as published for comment is Rule 3.8(e). After reviewing the comments and studying the issue, we have decided not to adopt Rule 3.8(e), which placed limitations on the ability of a prosecutor to subpoena a lawyer in a grand jury or other criminal proceeding.
We urge all attorneys to review these new Arkansas Rules of Professional Conduct and to become familiar with them. To assist in that endeavor, we have reproduced and appended to this order, Exhibits B and C to the Bar's petition. Exhibit B highlights changes between the current Arkansas Rules of Professional Conduct and the rules adopted today. Exhibit C highlights differences between the new Arkansas Rules and the American Bar Association's Model Rules.
REPRODUCED FROM EXHIBIT B TO BAR'S PETITION
Re: Changes in Ethical Rules
The Committee is recommending a major rewriting of the Arkansas Rules of Professional Conduct. Although the rules contain new illustrations, new definitions, and new wording, this memo focuses on the major substantive changes that would occur if the proposal is adopted by the Bar Association and the Arkansas Supreme Court. These changes would, in our opinion, be the ones most noticeable to the practicing attorney.
[1) MODIFIED IN BAR'S PETITION
Referral fees between attorneys must notify the client, in writing, of the share to be received by each attorney. Rule 1.5(e).]
[2) MODIFIED, SEE PER CURIAM
The attorney would have more discretion in deciding whether to reveal confidential information to prevent a future crime. Rule 1.6.]
3) In most instances, waivers of conflicts of interest would have to be confirmed in a writing directed to the client. Rule 1.7, 1.9. In a few instances, the client would have to confirm the waiver in a signed document. Rule
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Arkansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|