Archived Resolutions & Policy
All resolution and policy documents are available in PDF format, unless otherwise noted. ( )
Amendment to Model Rule of Professional Conduct 1.10
The Section of Litigation’s Amendment, contained in Report 110, offers a compromise position to Report 109 being offered at Mid-Year by the Steering Committee on Ethics and Professional Responsibility. The Section of Litigation’s proposal seeks to craft a compromise that would permit the screening of lateral moving lawyers to avoid the normal imputation of that lawyer’s conflicts of interest, but only in those situations in which the firm-switching lawyer played no substantial role and has no material confidential information of the lawyer’s former client.
Standards for Final Pretrial Submissions and Orders
Resolved, That the American Bar Association adopts the black letter of the Standards for Final Pretrial Submissions and Orders for practice in the federal district courts and state trial courts whose procedures generally follow those of the federal courts.
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108—Section of Litigation
Urges Congress to enact legislation, like the Veterans Advocacy Act of 2007, which promotes the provision of legal services to veterans and members of the Armed Forces to assist them in obtaining the full range of health care, benefits and services to which they are lawfully entitled.
This ABA policy was passed at the Februrary 11, 2008 House of Delegates Meetings as a result of a recommendation proposed by the Section of Litigation.
120A—Discoverability of Expert Reports
Urges federal and state courts to adopt consistent rules to govern the scope of required disclosures for discovery of testifying experts and their reports and that draft expert reports and attorney-expert communications relating to the expert’s report be protected from discovery in accordance with the proposed Resolution.
Urges the United States Government to support the Darfur peace accord signed May 5, 2006, to support the efforts of the International Criminal Court, the United Nations and the African Union toward the same goals, and to enact legislation to implement the Darfur Peace and Accountability Act of 2006.
120C—Raise the Bar
Encourages law firms to consider: (a) ways to continue providing lawyers with opportunities for pro bono and community service; (b) compensation systems that recognize and reward attorneys; and (c) alternatives to mandatory minimum billing requirements.
Urges federal and state courts to adopt consistent rules to address how the courts and counsel should resolve issues involving claims of inadvertent disclosure of materials protected by the attorney-client privilege or work product doctrine.
Federal Shield Law Resolution:
Model Standards of Conduct for Mediators:
Rule 11 HR 4571:
Report 103B - Amendments to the Civil Discovery Standards
Section Task Forces explore emerging issues in the practice of litigation and work to strengthen the profession. Our active task forces include:
American Inns of Court
Civil Justice Initiatives
Civil Trial Practice Standards
Image of the Profession
Raise the Bar
Task Force on the Judiciary