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March 08, 2021

Model Rule 1.13

Reporter's Explanation of Changes


1. Paragraph (b): Add "for" and substitute "on" for "in"

These changes are stylistic and grammatical. No change in substance is intended.

2. Paragraph (d): Change "when it is apparent" to "the lawyer knows or reasonably should know"

This change clarifies the scienter requirement in this paragraph, using defined terminology and a construction that appears elsewhere in the Rules. See, e.g., Rule 4.3.


[4] These changes are stylistic. No change in substance is intended.

[5] This change is stylistic. No change in substance is intended.

[6] This modification of Comment [6] is designed to more accurately reflect prevailing law regarding the identity of a government client. Although ultimately the identity of the client is a question of law beyond these Rules, the Commission believes that the limited guidance provided in this revised Comment is helpful.

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