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ABA Ethics Group Issues Working Paper on Outsourcing

By Eric Lipman

The ABA Journal reported yesterday that the organization's Commission on Ethics 20/20 has released a discussion draft of proposed changes to the Model Rules of Professional Conduct, addressing the perennial hot topic of outsourcing. Well, let me be clear. The draft does not propose changing any of the rules themselves, but just adding to the comments on the rules. Essentially, all the additional comments say is, "If you're gonna do it, do it right." But they say it much purtier. For example, the proposed comment to Rule 1.1: [7] A lawyer may retain other lawyers outside the lawyer?s own firm to provide or assist in the provision of legal services to a client provided the lawyer reasonably concludes that the other lawyers? services will contribute to the competent and ethical representation of the client. The reasonableness of the conclusion will depend upon the circumstances, including: the education, experience and reputation of the nonfirm lawyers; the nature of the services assigned to the nonfirm lawyers; and the legal and ethical environment in which the services will be performed. When retaining lawyers and others outside the lawyer?s own firm, the requirements of Rule 5.5 (a) must be observed. When using the work...

Full post as published by Legal Blog Watch on November 24, 2010 (boomark / email).