Draft Rules and Explanatory Memos for Public Comment

Preamble & Scope - Memo/Draft Rule       Rule 1.0 - Memo/Draft Rule       Rule 1.2 - Memo/Draft Rule
Rule 1.4 - Memo/Draft Rule                        Rule 1.11 - Memo/Draft Rule
     Rule 1.12 - Memo/Draft Rule
Rule 2.x - Memo/Draft Rule                        Rule 2.3 - Memo/Draft Rule      Rule 3.1 - Memo/Draft Rule
Rule 3.3 - Memo/Draft Rule                        Rule 3.4 - Memo/Draft Rule      Rule 3.5 - Memo/Draft Rule
Rule 3.7 - Memo/Draft Rule                        Rule 3.8 - Memo/Draft Rule      Rule 3.9 - Memo/Draft Rule
Rule 5.4 & 5.7 - Memo                                 Rule 5.5 - Memo/Draft Rule      Rule 6.1 - Memo
Rule 6.3 - Memo/Draft Rule                        Rule 6.5 - Memo/Draft Rule      Rule 8.5 - Memo/Draft Rule


MEMORANDUM

TO:           Chief Justices of State Supreme Courts
                 Members of ABA House of Delegates
                 Chairs and Staff Liaisons of ABA Committees and Sections/Divisions
                 Presidents and Executive Directors of State and Local Bar Associations
                 Members of Ethics 2000 Advisory Council
                 Lawyer Disciplinary Counsel
                 Members of Center for Professional Responsibility Committees and Commissions
                 Members of Center for Professional Responsibility
                 Members of Association of Professional Responsibility Lawyers
                 Other Interested Individuals and Entities

FROM:     E. Norman Veasey, Chair

DATE:      May 22, 2000

RE:           Drafts for public comment

The Commission on Evaluation of the Rules of Professional Conduct ("Ethics 2000") has been charged with reviewing the ABA Model Rules of Professional Conduct and formulating recommendations for action. Drafts of Rules 1.1, 1.3, 1.5 - 1.10, 1.13 - 1.18, 2.1, 2.2, 3.2, 3.6, 4.1 - 4.4, 5.1 - 5.3, 5.6, 6.2, 6.4, 7.1 - 7.5 and 8.1 - 8.4 and a definition of "informed consent" have already been circulated for public comment. The Commission has now prepared drafts of the remaining Model Rules - Preamble and Scope, 1.0 (new Terminology section), 1.2, 1.4, 1.11, 1.12, 2.3, 2.x (new rule on dispute-resolution neutrals), 3.1, 3.3 - 3.5, 3.7 - 3.9, 5.4, 5.5, 5.7, 6.1, 6.3, 6.5 and 8.5 - for public comment.

The draft rules are available at the Commission's website. If you are unable to access the website, please contact Sue Campbell at the address listed below to obtain the drafts via email or regular mail.

Accompanying each of the drafts is a Reporter's Explanation of Changes that provides a detailed description of the reasons for the proposed changes. The drafts reflect tentative decisions of the Commission to date but are still a work in progress. These tentative decisions may change, depending in large part on the comments received.

The Commission encourages all interested persons and entities to send comments on the drafts. Written comments on the current set of Rule drafts should be submitted to the Commission via email or on disk by June 15, 2000. The deadline has been set so that comments can be considered at the Commission's meeting July 7 - 9.

The Commission will release a Report detailing its recommendations in October and will meet September 15 - 17 for a final consideration of all the Rules. Final comments on any of the Commission's drafts must be received by September 1 in order to be considered before the Report is completed.

The Commission will hold hearings on June 2, 2000, in conjunction with the National Conference on Professional Responsibility in New Orleans, and July 6, 2000, in conjunction with the ABA Annual Meeting in New York. Contact Sue Campbell at the address below to register.

Please send comments to:

Ethics 2000
ABA Center for Professional Responsibility
541 N. Fairbanks Court
Chicago, IL 60611
Susan Campbell
suecampbell@staff.abanet.org