The ABA’s Revisions to the Model Rules of Professional Conduct

Model Rules of Professional Conduct
Image: americanbar.org

Texas attorney Hugh M. Ray, III focuses his practice on corporate bankruptcy cases. Before attaining his current position as a principal with McKool Smith, Hugh Ray, III helped to author rules of professional conduct in Texas and served as a liaison to the American Bar Association’s Commission on Evaluation of the Rules of Professional Conduct, also known as the “Ethics 2000” Commission.

The commission, first established in 1997, was tasked with examining and reevaluating the ABA’s Model Rules of Professional Conduct that were originally adopted in 1983. The intervening years had revealed weaknesses in the original rules that needed addressing, and other rules had accumulated commentary that gradually evolved beyond their original intent. Over the next five years, the new revised rules would reconcile these differences and establish a stronger ethical foundation for American lawyers.

The District of Columbia and every state except California have adopted the 2002 revision of the Model Rules of Professional Conduct, with many states adding their own commentaries that may or may not be considered binding for that jurisdiction. Significant changes include language in the Preamble that reinforces the lawyer’s responsibility to serve as a point of access between clients and the legal system, to keep a client as well-informed about their options as possible, and to take no action without at least the implied consent of the client. Other changes included outlining where specific rules override others, such as the lawyer’s obligations to make truthful statements, keep client confidentiality, and take no action that would be known to contribute to criminal activity, all of which could come into conflict and, under the previous rules, be difficult to prioritize.

ALI Works to Produce Definitive Statement on American Indian Law

American Law Institute
Image: ali.org

Attorney Hugh M. Ray, III serves as principal with McKool Smith of Houston and is experienced with corporate bankruptcy. While commercial law comprises the majority of his efforts, Hugh Ray, III also maintains membership with the American Law Institute, where he serves on the Member’s Consultative Group as it produces a restatement of the interactions between American Indian and federal laws.

The complex relationship between these categories of law began with an 1831 ruling of the Supreme Court when, in Cherokee Nation v. Georgia, it was determined that tribal governments are neither states nor foreign governments. Instead, they were defined as “domestic dependent nations,” which still places them under the broad umbrella of state and federal laws but allows them to retain a degree of the sovereignty they held prior to the US government’s expansion.

The federal government recognizes over 500 such tribal governments, with membership ranging from fewer than 1,000 members to over 300,000. Each has its own constitution, is exempt from certain federal laws and limitations, and is governed by separate executive, legislative, and judiciary bodies, whose members and powers are determined by the citizens of each tribe.

The Restatement of the Law of American Indians, by the American Law Institute, is a project intended to review, analyze, and define in authoritative terms the nature of American Indian law and its powers within the American legal system. While this restatement holds no power to impose binding on legal matters, the ALI carries enough weight within the legal community that it hopes the project will encourage government officials to comply with its findings, ensuring a fair and uniform application of federal and state laws when they become involved in tribal matters.