Legal Definitions - Model Code of Professional Responsibility

The Model Code of Professional Responsibility is a historic set of ethical guidelines and rules established by the American Bar Association (ABA) in 1969. It was designed to govern the conduct of lawyers in the United States, outlining the professional standards they were expected to uphold in their practice. The Code was structured into three main parts: broad principles known as Canons, specific enforceable rules called Disciplinary Rules, and aspirational guidance known as Ethical Considerations. Although it served as the primary framework for legal ethics for many years, the Model Code has largely been replaced in most U.S. states by the subsequent Model Rules of Professional Conduct.

Here are some examples illustrating the types of situations the Model Code of Professional Responsibility addressed:

• Client Confidentiality: Imagine a lawyer representing a client in a divorce case. During a private meeting, the client reveals sensitive personal information that could be embarrassing if made public, but is not directly relevant to the legal proceedings. Under the principles of the Model Code, specific Disciplinary Rules would have strictly prohibited the lawyer from disclosing this confidential information to anyone outside the legal team, even if it seemed harmless. This upholds the fundamental duty of client confidentiality, ensuring clients can trust their lawyers with private details.

• Handling Client Funds: Consider a scenario where a lawyer successfully negotiates a settlement for a client who was injured in an accident. The settlement check, a substantial sum, is made out to the lawyer on behalf of the client. The Model Code of Professional Responsibility would have contained clear Disciplinary Rules mandating that the lawyer deposit these funds into a separate client trust account, distinct from their personal or firm operating accounts. This rule prevents the commingling of client money with the lawyer's own funds, protecting the client's assets from misuse or financial mismanagement.

• Avoiding Conflicts of Interest: Suppose a lawyer is asked to represent a new client in a business dispute. The lawyer realizes that their firm previously represented the opposing party in an unrelated matter several years ago. The Model Code would have provided guidance through its Canons and Disciplinary Rules on how to identify and manage potential conflicts of interest. In this situation, the Code would likely have required the lawyer to decline representation of the new client, or at minimum, obtain informed consent from both parties after full disclosure, to ensure the lawyer's loyalty and independent judgment were not compromised.