TO: ABA Ethics 2000 Commission
Attn.: Susan Campbell
FROM: George W. Overton
DATE: January 22, 1999
RE: Rule 5.5 suggested change
The attached suggested change has had the unanimous approval of the CBA’s Professional Responsibility Committee, and was to be submitted to the Association’s Board of Mangers in time to have been ratified before transmission to this Commission. However, as at least the ABA staff can assure the Commission, Chicago encountered the worst blizzard in its history during the holiday season, and December and January have experienced weeks of canceled or postponed meetings as a result. The officers of the Association are aware that the attached language is being presented to you; they do not anticipate dissent when it reaches the Board; but we cannot formally speak for the Association as a whole at this time.
I am transmitting the proposal without comment at this time, so that it can be transmitted to the Commission ASAP: I hope to add a short memorandum in support thereof before the Los Angeles meetings.
GWO:hlm
Attachment
Rule 5.5
Current Model Rule
A lawyer shall not:
practice law in a jurisdiction in where doing so violates the regulation of the legal profession in that jurisdiction; or
assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law
Proposed Changes
A lawyer shall not:
a) practice law
in a jurisdictionat a location in the United States or its territories where the lawyer is not a member of the bar in that jurisdiction unless the client has consented after consultationin where doing so violates the regulation of the legal profession in that jurisdiction; orb) assist a person who is not a member of the bar of any jurisdiction in the United States or its territories in the performance of activity in this State that constitutes the unauthorized practice of law; or
c) assist a lawyer who is not a member of the bar of this State in the practice of law unless
(1) the client has, as a full time employee, a lawyer who regularly provides legal advice to the client;
(2) the client has consented after consultation; or
(3) the lawyer accepts full responsibility for the other lawyer’s compliance with Rule 1.1.
Proposed New Model Rule
A lawyer shall not:
a) practice law at a location in the United States or its territories where the lawyer is not a member of the bar in that jurisdiction unless the client has consented after consultation; or
b) assist a person who is not a member of the bar of any jurisdiction in the United States or its territories in the performance of activity in this State that constitutes the unauthorized practice of law; or
c) assist a lawyer who is not a member of the bar of this State in the practice of law unless
(1) the client has, as a full time employee, a lawyer who regularly provides legal advice to the client;
(2) the client has consented after consultation; or
(3) the lawyer accepts full responsibility for the other lawyer’s compliance with Rule 1.1.