With technology changing both the profession of law and client needs, a working group of the American Bar Association is looking at whether model rules should be amended to catch up to the post-COVID world.
The American Bar Association Center for Professional Responsibility Working Group on Model Rule of Professional Conduct 5.5 explored possible changes at the 2023 ABA Midyear Meeting in New Orleans on Saturday, Feb. 4, and a consensus emerged that the rule needs attention. The differences of opinion, however, related to just how much.
“We are all thinking this is a problem,” said Lynda Shely, chair of the ABA Standing Committee on Ethics and Professional Responsibility and an Arizona attorney. But she added that some “question if it is a solution in search of a problem.”
The hourlong discussion was billed as an “informal information gathering session on cross-border practice” with the goal of developing “an ideal multijurisdictional practice rule” that both supports service to clients and protects them. The working group is expected to have further discussions and decide how much data is necessary before deciding the best approach on what, if any, changes should be made.