Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Tuesday, March 22, 2005
Nebraska Supreme Court to Adopt Model Rules of Professional Conduct (maybe)
The Nebraska Supreme Court has proposed adopting with some revisions the ABA Model Rules of Professional Conduct. The latest proposed Nebraska Rules of Professional Conduct are here, pdf format.
Some noted changes: 1.5(b) fee contracts must be in writing unless a small matter or a regular client.
1.6 Confidentiality: dropped a mandatory disclosure of client information to prevent serious bodily harm and in its place discretionary disclosure.
1.9 Duties to former clients: adds "Chinese Wall" rule for paralegals in law firm
1.15 Safekeeping client property (Trust Accounts Rule) eliminates option to keep client funds in some account other than a bank account even with client consent.
7.2 Advertising, allows limited cross professional referral agreements
7.3 Solicitation rules allow direct solicitation of other attorneys.
The Model Rules went up to the Nebraska Supreme Court in summer 2004. The court proposed additional changes and re-introduced the rules for comment ending March 14. Finally this latest set of proposed rules has a comment period running until May.
The Model Rules leave in the "politically correct" rule for 8.4 conduct prejudical to the administration of justice. Lets not offend anybody now, even though the ABA found no need to include such language in the Model Rules.
Do these fits and starts toward adopting the Model Rules indicate a reluctantce of the Court to adopt the Rules at all? After all it seemed quite comfortable with the vague quaint language of the Model Code
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