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In re Arkansas Bar Association3/3/2005
1.8(a,b,g).
4) Sexual relationships with clients would be explicitly prohibited. Rule 1.8(j).
5) The relationship of a lawyer to a prospective client would be clarified. Rule 1.18.
6) An explicit rule would allow lawyers to act as third party neutrals. Rule 2.4.
[7) NOT ADOPTED, SEE PER CURIAM
Limitations would be placed on a prosecutor's ability to serve a subpoena on an attorney. Rule 3.8(e).]
8) A lawyer who receives a document inadvertently would be obligated to promptly notify the sender. Rule 4.4(b).
9) Lawyers from other jurisdictions would be able to provide legal services on a temporary basis in Arkansas. Lawyers admitted in other states could serve as in house corporate counsel in Arkansas without being formally admitted. Rule 5.5.
10) The status of lawyers who provide law related services (such as through the ownership of abstract companies) would be clarified. Rule 5.7. [Note: this rule has been cited in several ethical opinions of the Bar Association.]
11) The aspirational goal of voluntary pro bono service has been stated more explicitly. Rule 6.1.
12) Lawyers would be permitted to provide short-term limited legal services (such as disaster relief) for a non-profit organization. Rule 6.5.
REPRODUCED FROM EXHIBIT C TO BAR'S PETITION
Re: Deviations from Model Rules
Although the committee is recommending a major rewriting of the Arkansas Rules of Professional Conduct based in large part on the newly adopted Model Rules, it is important to note that in many ways the Arkansas Rules will deviate from the Model Rules. Some of the deviations represent long standing Arkansas variations; some represent recently adopted Arkansas changes; some represent different evaluations of the appropriate standards for the Arkansas Bar. In the eyes of the committee, the most significant deviations in the Rules themselves (as opposed to the comments) are:
1) Arkansas would retain the rule that an attorney must notify the client of the receipt of funds. Rule 1.4(c).
2) Rule 1.5(a) would continue to start with the language: "A lawyer's fee shall be reasonable."
[3) MODIFIED, SEE PER CURIAM
The attorney would have discretion in deciding whether to reveal confidential information to prevent a future crime, even if it did not involve reasonably certain death or substantial bodily harm. Rule 1.6.]
[4) MODIFIED, SEE PER CURIAM
Rule 1.6(c) would continue to give the lawyer discretion to note the fact of withdrawal and to withdraw or disaffirm any documents or opinions.]
5) In light of decisions of the Arkansas Supreme Court, the comments to Rules 1.7, 1.9 and 1.10 (as well as the Preamble) discuss the obligation to avoid even the appearance of impropriety.
6) Rule 1.8(b) would require the client to consent in writing before the attorney can use information to the disadvantage of the client.
7) Rule 1.8(c), which limits gifts from clients to attorneys, would clarify the degree of relationship that is excluded from the prohibition.
8) Rule 1.8(h) would require the client to have independent legal counsel before waiving potential claims against the attorney.
9) The explicit rule on attorneys who are related to each other and in separate firms would be retained. Rule 1.8(i); to be Rule 1.8(l).
10) Rule 1.11(d) would clarify the position of government attorneys seeking positions outside the government.
11) Rule 1.14 has language calling for the exercise of extreme cautio
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