Client and Public Protection Highlights

2020

April

The Public Protection Committee held a conference call to discuss the Ethics Committees’ draft proposal to amend Model Rule 1.8 to create an exception that would allow certain lawyers to provide funds to indigent clients for subsistence assistance.  The Committee notified the Ethics Committee that it had procedural and substantive concerns, detailed those concerns, and advised that it could not support the proposal as written.

The Public Protection Committee is in the final stages of preparing the 2017-2019 ABA Client Protection Fund Survey Questionnaire for distribution to Client Funds across the United States and Canada. The results of the Survey are published every three years and contain a compilation of data from Client Protection Funds nationwide. This publication is the only national compilation of data that serves as a source of information to spot emerging trends in client protection claims, determine the amounts of claims paid nationwide, and identify the similarities and differences in each state’s client protection fund. It remains an invaluable resource to the Client Protection Community. 

March

After much preparation and planning, the Committee Chair in conjunction with the ABA made the difficult decision to cancel 36th National Forum on Client Protection May 29-30, 2020, in New Orleans. Recent events including recommendations by the Centers for Disease Control (CDC), the declaration of a public health emergency in Louisiana, the WHO declaration of the coronavirus (COVID-19) as a pandemic, and the growing number of law firms, corporations, and governmental agencies limiting or prohibiting travel made it clear that going forward with the Forum would be impossible. The Committee thanks all our speakers, liaisons, and other members of the community who have worked so hard in preparing for this 36th National Forum on Client Protection.

The Committee has started work on developing the 2017-2019 ABA Client Protection Fund Survey, which will be sent to Client Protection Funds across the country. The results of the Survey are published every three years and contain a compilation of data from Client Protection Funds nationwide. This publication is the only national compilation of data that serves as a source of information to spot emerging trends in client protection claims, determine the amount of claims paid nationwide, and identify the similarities and differences in each state’s client protection fund. It remains an invaluable resource to the Client Protection Community.

Regulation and Global Initiatives Counsel and a UPL consultation team made up of members of the Committee held a teleconference to discuss a draft upload consultation report.

2019

October

The Public Protection Committee finalized planning for the 4th UPL School to be held at ABA Headquarters on November 7 and 8, 2019.  The program may be viewed here.

The Committee commenced planning for the 36th National Forum on Client Protection, which will be held in New Orleans, Louisiana on May 29 and 30, 2020.  In addition, the Committee began work to update the questionnaire for the upcoming National Survey on Client Protection Programs.  The Committee also will be working with the National Client Protection Organization to utilize enhanced technology to improve and make more efficient data submission, data publication, and report derivation.

September

Planning for the 4th UPL School continued, and the Standing Committee on Public Protection in the Provision of Legal Services is pleased to announce that Ohio Supreme Court Justice Melody Stewart will deliver the keynote address. This unique forum brings together those in the unauthorized practice of law enforcement and lawyer regulation community at the state and federal level for cutting edge educational programming and networking opportunities. The 4th UPL School will be held on November 7 - 8, 2019 at the ABA headquarters in Chicago, in conjunction with the Center’s Fall Leadership Meeting.