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• ABA’s Ethics Committee tried to “encourage national uniformity and simplify the rules • Committee tried to acknowledge real-world practices and to avoid dating the rules Tweaks to the ABA’s Model Rules governing attorney advertising seek to strike a “good balance” of competing views, Barbara Gillers, chair of The ABA’s Standing Committee on Ethics and Professional Responsibility, said in an online forum Mar. 28. The proposed changes attempt to modernize and simplify the rules to reflect changes in technology and real-world practices. The committee also seeks to alleviate the burden on regulators, while protecting the public and increasing access to justice. Next the committee’s proposal will be submitted as a report and resolution to the ABA House of Delegates, and then will be presented to the House of Delegates at the ABA’s annual meeting in August. Some of the key proposed changes to the ABA’s Model Rules on Professional Conduct include, as summarized in the committee’s powerpoint : * Rule 7.1 addresses communications about a lawyer’s services and prohibits false or misleading statements. Committee member Elizabeth Tarbert , Ethics Counsel for the Florida Bar, described this rule as the “cornerstone” of advertising regulation. The rule itself was not changed. But the committee proposed that current Rule 7.5, along with its comments addressing the use of firm names and letterhead, be added to the comments of Rule 7.1. The provisions in Rule 7.5 also prohibit misleading statements, so the committee tried to combine these prohibitions in one place. * Rule 7.2, formerly called “Advertising,” was renamed “Communications Concerning a Lawyer’s Services: Specific Rules.” The rule still says a lawyer can advertise and the prohibition on paying someone to recommend a lawyer remains.
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