The legal profession is evolving and yet, so many of the ethics rules can’t seem to keep up. They are simply outdated and need a 21st century facelift. I’m joined by Eric Cooperstein, an ethics consultant and practitioner in Minneapolis, and we explore the relevance of several of the ABA Model Rules. We also offer our own insight on how these rules can be updated to reflect the realities of the legal profession today.
What We Discuss in This Episode:
- Why the rules need to be updated in order to spur innovation in the legal profession
- How Rule 5.4 as it currently stands affects who lawyers can share profits with (even when it comes to their own paralegals)
- What is Rule 5.4 designed to protect against? Is that still a relevant concern nowadays?
- How other rules, like Rule 4.2 – communication with a represented person, and Rule 4.3 – dealing with an unrepresented person, contradict Rule 5.4
- Why the belief that lawyers are improperly influenced by third parties is not based on any empirical data
- How legal companies run by non-lawyers aren’t restricted like lawyers are so they’re able to innovate faster
- Rules restricting practicing in multiple jurisdictions unless admitted to those bars – are they unrealistic in our current legal climate?
- Are lawyer non-compete agreements beneficial?
ABA Model Rule 1.1
ABA Model Rule 4.2
ABA Model Rule 4.3
ABA Model Rule 5.4
ABA Model Rule 5.5
ABA Model Rule 5.6
Eric’s Twitter @ethics_maven
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