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March 08, 2021

Ethics 2000 - February 2002 Report

The 2002 edition of the Model Rules of Professional Conduct, incorporating the changes proposed by the Ethics 2000 Commission and adopted with amendments by the House of Delegates in February 2002 is available for sale. You can purchase it from the ABA Service Center, 800-285-2221. Ask for PC # 561-0165.

Report 401 as passed, showing changes from existing Model Rules:

Summary of House of Delegates action on Report 401 during ABA Midyear Meeting in Philadelphia, February 2002

The House of Delegates completed its review of the recommendations of the Ethics 2000 Commission, approving Report 401 as amended during the debate. Rules 5.5 and 8.5 were not included in the debate on Report 401 because the Commission on Multijurisdictional Practice is reviewing those rules as part of its study. The following summarizes the action taken during the debate in Philadelphia.

Of the twelve amendments that were submitted on the Report, three were accepted by the Ethics 2000 Commission as friendly; five were rejected by the House after debate; and four were withdrawn. In addition, the House considered one motion to reconsider a rule that was debated during the Annual Meeting in August 2001. Prior to the final vote on Report 401, the House approved two sets of conforming amendments: one set based on action taken by the House during the Annual Meeting in August; and one set based on action taken during the Midyear Meeting in Philadelphia.

The three suggestions that were accepted as friendly amendments were an amendment to Rule 1.17 regarding sale of an area of practice; an amendment to Rule 4.2 clarifying and relocating Comment [5]; and an amendment to Rule 6.1 to encourage pro bono practice. Rule 1.17, Rule 4.2, Rule 6.1.

Amendments to Rules 1.14; 3.3; 4.3; and two amendments to Rule 4.2 (one to delete "or court order," and one to require notice prior to obtaining a court order); were defeated after debate. Rule 1.14, Rule 3.3, Rule 4.2 (court order), Rule 4.2 (notice), Rule 4.3.

Two amendments to Rule 4.2 (regarding Comments [2] and [6]) and amendments to Rules 1.18 and 8.4 were withdrawn. Rule 4.2 (Comment [2]), Rule 4.2 (Comment [6], Rule 1.18, Rule 8.4

A motion to reconsider the House's decision on Rule 1.6(b)(1) was defeated after discussion. Rule 1.6(b)(1)

The conforming amendments necessitated by House action in August were included in Report 401 as submitted for the Philadelphia meeting. Refer to that Report for copies of those conforming amendments. Four conforming amendments were required by action taken in Philadelphia. Amendments were made to comments in Rules 1.2 and 1.4 to change the term "mental disability" to "diminished capacity; a change was made in Comment [3] of Rule 1.9 to conform to Rule 1.11 as approved by the House; and a change was made in Rule 3.1 based on a question from the floor during the debate on that Rule. Rules 1.2, 1.4, 1.9, Rule 3.1