Magnifying Glass – mrjpeg – Fotolia In Support of Rule Requiring Lawyers to 'Assess' Representation
We call upon the court to establish a review committee to consider this important modification in terms of New Jersey's own RPC 1.16 and recommend its adoption in New Jersey.
September 03, 2023 at 10:00 AM
3 minute read
Legal Ethics and Attorney Discipline
At its annual meeting in Denver on Aug. 7, the House of Delegates of the American Bar Association adopted, by a 2-1 vote, modest changes to Model Rule 1.16 that requires the lawyer to "inquire into and assess the facts and circumstances of each representation to determine whether the lawyer may accept or continue the representation." In addition, the new model rule adds a fourth mandatory ground for declining or withdrawing from a representation in situations where "the client or prospective client seeks to use or persists in using the lawyer's services to commit or further a crime or fraud, despite the lawyer's discussion pursuant to Rules 1.2(d) and 1.4(a)(5) regarding the limitations on the lawyer assisting with the proposed conduct."
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