The Commission wants several useful revisions. It Matters Forty-two states base their lawyers' code of ethics on the ABA's Model Rules, and other states look to them for guidance. The Model Rules will help shape how legal services will be delivered, who will get them, and how much they will cost in 21st Century America. Instead, the Commission treats innovative rules and inconvenient ethical opinions as problems for lawyers and their watchdogs, rather than solutions for clients. Requiring lawyers to include this basic consumer information in retainer agreements will do more to improve legal ethics and enhance lawyer accountability than any other action that the ABA could take.
Information spurs competition, innovation and efficiency.
Yet, the Commission ignored the consumer advocates and ethicists who sought meaningful notice and disclosure to clients. Used car dealers like uninformed customers. Medieval guilds were big on secrets. Yes, there oughtta be some new Model Rules. The right to control your own legal affairs.