Organization Overview
The American Bar Association (“ABA”) endeavors to ensure that the Model Rules of Professional Conduct and ethical policies keep pace with societal change and the evolution of the practice of law.
Created by ABA President Carolyn B. Lamm in August 2009, the ABA Commission on Ethics 20/20 studies the ethical and professional regulatory implications of a globalizing and technologically advancing legal profession. A prominent focus of the Commission is on legal outsourcing in both domestic and international contexts.
The Commission has noted that, “Legal process outsourcing is increasing in both amount and sophistication of the outsourced work. Are there ethical issues or other policy positions that the Commission should explore regarding outsourcing that are not addressed in Formal Opinion 08-451 of the Standing Committee on Ethics and Professional Responsibility?”
The Commission is reviewing the ABA Model Rules of Professional Conduct, existing ethics opinions and other sources regarding a host of issues resulting from changing professional dynamics. The Commission aims to study these issues and, with 20/20 vision, propose policy recommendations that will allow lawyers to better serve their clients, the courts and the public now and well into the future.
The major subject areas the Commission will address include:
- Issues that arise because U.S. lawyers are regulated by states but work increasingly across state and international borders;
- Issues that arise in light of current and future advances in technology that enhance virtual cross-border access; and
- Particular ethical issues raised by changing technology.
In examining issues relating to legal process outsourcing, the Commission will consider the following
- Do the current Model Rules fully address all aspects of onshore and offshore legal
- In what ways should the Model Rules be modified, if at
- Do legal professionals who outsource require additional guidance by the ABA? If so what information will be needed?
Current Status
The Commission expects its work to take three years. Its goals are as follows:
- Year One: Conduct research, outreach, and analysis of information regarding critical issues identified in each of the three major subject areas;
- Year Two: Focus on development of proposed policies, principles and, if necessary, model rules for wide circulation and comment; and
- Year Three: Continue vetting proposals and present findings to the ABA House of Delegates.
At this time, the Commission is reviewing existing materials and gathering information about domestic and international legal process outsourcing from lawyers, law firms, clients and outsourcing providers, among others. The Commission is also organizing public forums for all parties to express and address every relevant viewpoint.
Produced Material
On November 19, 2009, the Commission on Ethics 20/20 released its Preliminary Issues Outline in which it identifies issues for consideration and study.
Upcoming Events
TBD
Prominent Members
The Commission on Ethics 20/20 includes a number of prominent members. More details on the members can he found here.
Contact
To contact the Commission on Ethics 20/20, address inquiries to the following: ethics2020@staff.abanet.org
Additional questions can be addressed submitted to Commission Counsel Ellyn S. Rosen at rosene@staff.abanet.org
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In the News
The ABA Commission on Ethics 20/20 has recently been reported on in ABA Now. Read more…
