Center for Professional Responsibility

Discussion Draft of Possible Amendments to Model Rules of Professional Conduct Concerning Lawyers’ Client Due Diligence Obligations

The Standing Committees on Ethics and Professional Responsibility and Professional Regulation have developed a Discussion Draft of possible amendments to the Comments of Model Rules of Professional Conduct 1.0 (Terminology), 1.1 (Competence), and 1.2 (Scope of Representation and Allocation of Authority between Client and Lawyer).

  • View draft proposal here

The amendments contained in this Discussion Draft provide guidance on lawyers’ client due diligence obligations under the ABA Model Rules of Professional Conduct. The Committees have not yet decided whether to present any Model Rule amendments on this subject to the House of Delegates. Your comments will assist the Committees in determining whether and how to proceed. The Committees solicit your thoughts and suggestions, which you may provide in one of two ways.

The Committees held a public roundtable via Zoom on February 11, 2022, in conjunction with the virtual 2022 ABA Midyear Meeting. The Roundtable agenda can be found here.

  • View submitted comments here.
  • Listen to the recording of the roundtable here.