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In re Arkansas Bar Association3/3/2005 n before the lawyer is nominated to be a guardian for a client.
12) Rule 1.15 will retain the Arkansas IOLTA and notification of overdraft provisions that have been inserted in recent years.
13) Rule 3.6(a) will continue to contain the list of statements to the media that are ordinarily prohibited.
14) Arkansas would retain the long standing rule that the disqualification of an attorney-witness is imputed to the entire firm. Rules 1.10 and 3.7.
15) Rule 4.2 will exclude a reference to a court order. That material is adequately covered in the comments.
16) Arkansas would retain the current rules on advertising and solicitations. Rules 7.1 - 7.3.
17) Arkansas would retain the recently adopted rule on specialization. Rule 7.4.
18) The prohibition on misleading statements of a partnership or other association will be restated. Rule 7.5(d).
19) Arkansas would not adopt the proposed rule on political contributions. Rule 7.6.
20) Arkansas would retain the recently adopted rules on the Arkansas Lawyer Assistance Program. Rule 8.3(d,e).
EFFECTIVE MAY 1, 2005
ARKANSAS RULES OF PROFESSIONAL CONDUCT
PREAMBLE: A LAWYER'S RESPONSIBILITIES.
A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.
As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.
In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.
In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.
A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process. A lawyer should avoid even the appearance of i
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Personal Injury Lawyers
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