ABA Module Rules Assignment II Instruction
You must insert the model rule, verbatim, into a blank document that you create. Choose an appropriate passage to incorporate from the Bible that illustrates the moral duty imposed by Scripture. (You may select any passage of Scripture provided that you can link the passage, in an appropriate manner, to the principle outlined in the selected rule.) You must insert the passage, verbatim, immediately following the model rule. In at least 175 to 250 words, explain how that particular passage relates to the selected model rule. For each rule, you must indicate whether the biblical standard would impose greater ethical responsibility on the Christian legal professional than the model rule. All references must include footnotes in Bluebook format.
NOTE: I located a PDF in google which I uploaded called The Model Rules of Professional Conduct Through the Lens of The Proverb. This provides a great example on which scriptures pertain to which module 1. I have copied the information below for the ten module rules. You can use the ones I selected, or you can copy/paste other verses that you feel are relevant to the module rule.
In this assignment, which is different than the discussion board post you did for me in the previous assignment, you must use footnotes in bluebook format instead of in-text citations. The Module rule and the scriptures are in single space, and the explanation that you will enter will be in double space. I also provided the scripture for you, but note it must be in footnotes. I like the PDF because it shows the correct way to place footnotes and in the correct bluebook format.
I Rule 1.14 Client With Diminished Capacity
(a) When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority, mental impairment or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.
(b) When the lawyer reasonably believes that the client has diminished capacity, is at risk of substantial physical, financial or other harm unless action is taken and cannot adequately act in the client’s own interest, the lawyer may take reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client and, in appropriate cases, seeking the appointment of a guardian ad litem, conservator or guardian.
(c) Information relating to the representation of a client with diminished capacity is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client’s interests.
Proverbs 22:22 (King James).
“Rob not the poor, because he [is] poor: neither oppress the afflicted in the gate:”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 1.14. (this part is double spaced)
II Rule 2.4 Lawyer Serving As Third-Party Neutral
(a) A lawyer serves as a third-party neutral when the lawyer assists two or more persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that has arisen between them. Service as a third-party neutral may include service as an arbitrator, a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the matter.
(b) A lawyer serving as a third-party neutral shall inform unrepresented parties that the lawyer is not representing them. When the lawyer knows or reasonably should know that a party does not understand the lawyer’s role in the matter, the lawyer shall explain the difference between the lawyer’s role as a third-party neutral and a lawyer’s role as one who represents a client.
Proverbs 26:17 (King James)
“He that passes by, and meddles with strife belonging not to him, is like one that takes a dog by the ears.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 2.4. (this part is double spaced)
III Rule 3.1 Meritorious Claims And Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.
Proverbs 26:4 (King James).
“Answer not a fool according to his folly, lest you also be like to him.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 3.1 (this part is double spaced)
IV Rule 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.”
Proverbs 19:5 (New King James).
“A false witness will not go unpunished, and he who speaks lies will not escape.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 3.3 (this part is double spaced)
V Rule 3.4 Fairness To Opposing Party And Counsel
A lawyer shall not:
(a) unlawfully obstruct another party’ s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;
(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law;
(c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists;
(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party;
(e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or
(f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless:
(1) the person is a relative or an employee or other agent of a client; and
(2) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information.
Proverbs 3:27-28 (New King James).
“Do not withhold good from those to whom it is due, when it is in the power of your hand to do so. Do not say to your neighbor, ‘Go, and come back, and tomorrow I will give it,’ when you have it with you.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 3.4 (this part is double spaced)
VI Rule 3.5 Impartiality And Decorum Of The Tribunal
A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
(b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order;
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication involves misrepresentation, coercion, duress or harassment; or
(d) engage in conduct intended to disrupt a tribunal.
Proverbs 17:23 (New King James).
“A wicked man accepts a bribe behind the back to pervert the ways of justice.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 3.5 (this part is double spaced)
VII Rule 5.7 Responsibilities Regarding Law-Related Services
(a) A lawyer shall be subject to the Rules of Professional Conduct with respect to the provision of law related services, as defined in paragraph (b), if the law-related services are provided:
(1) by the lawyer in circumstances that are not distinct from the lawyer’s provision of legal services to clients; or
(2) in other circumstances by an entity controlled by the lawyer individually or with others if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client lawyer relationship do not exist.
(b) The term “law-related services” denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, and that are not prohibited as unauthorized practice of law when provided by a nonlawyer.
7 Proverbs 27:23 (New King James).
“Be diligent to know the state of your flocks, and attend to your herds.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 5.7 (this part is double spaced)
VIII Rule 6.1 Voluntary Pro Bono Publico
Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should:
(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:
(1) persons of limited means or
(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and
(b) provide any additional services through:
(1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;
(2) delivery of legal services at a substantially reduced fee to persons of limited means; or
(3) participation in activities for improving the law, the legal system or the legal profession. In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.
Proverbs 29:7 (King James).
“The righteous care about justice for the poor, but the wicked have no such concern.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 6.1 (this part is double spaced)
IX Rule 8.3 Reporting Professional Misconduct
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.
(c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.
Proverbs 14:25 (New King James).
“A true witness delivers souls, but a deceitful witness speaks lies.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 8.3 (this part is double spaced)
X Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.
Proverbs 20:11 (King James).
“Even a child is known by his doings, whether his work [be] pure, and whether [it be] right.”
Explanation in 175 to 250 words on how the scripture relates and if impose greater ethical responsibility to Rule 8.4 (this part is double spaced)
