The Aba'S Model Rules Of Professional Conduct

By Neesa Peak

In the U.S., as in most other countries, our access to legal counsel and a well operated legal system is an important pillar of our society. Everyday life doesn’t require legal expertise, but many possible situations do (such as shoplifting or infringing on a patent of copyright). Most U.S. residents are going to become involved with the legal system at some point in our life, but since that’s not an everyday occurrence it would be a waste of time for us all to learn and memorize every detail of the laws and bills that might affect us. Of course, that’s where lawyers come in.

Because our legal system is such an important part of our society, it is necessary for us to have access to reliable and affordable legal counsel. While the federal and state legislature can and do make stipulations to help make this possible, it is also necessary for those in the legal profession to create some regulation and standards themselves. The ABA’s Model Rules of Professional Conduct are one overarching answer to this need.

The ABA has had a form of self-regulating rules for the majority of its existence. The original form of its Model Rules of Professional Conduct was first adopted in 1983, though it has since been revised multiple times. It is important to note the MPRC are standards instead of law. Violating them can lead to a review process to see if the violation was justified by the circumstances surrounding the violation; the review process in turn can, but does not necessarily, lead to consequences such as sanctions by the ABA. The MPRC are superseded by the laws in whatever region a legal professional is practicing.

The MRPC covers pretty much every aspect of legal practice, to provide both a bar for practitioners to reach and protection to laypeople when they require legal aid. This includes stipulation of differences between when a lawyer is working in an advisory or adversarial capacity and under what circumstances it is reasonable for a lawyer to take a case where their payment is dependent on winning the case.

A lawyer has to be fully trained and educated in the law; a layperson can only act as a legal professional if they are representing themselves. While a lawyer can advise their client, they have to follow the wishes and decisions of their clients no matter if they agree with them or not. Lawyers are not able to represent clients with conflicting interests except under specific circumstances. Advertising can only include relevant, factual information about a firm and lawyers are not allowed to offer pro bono services in hopes of getting a job or job offer out of it later. Clients are entitled to representation whether they are guilty of a crime or not.

Basically, the MRPC sets out to establish protections for laypeople so that anyone in need of legal aid can get it from a competent and properly trained individual and so that legal professionals’ work is up to standards that support and continue the usefulness and use of their profession. The MRPC are not set in stone and will continue to be updated to make sure that they help support the profession and the needs that it fulfills.

Sources:

“Model Rules of Professional Conduct.” The American Bar Association (2025). https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/