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17 Litig. News 1 (1991-1992)

handle is hein.journals/lignws17 and id is 1 raw text is: OCTOBER 1991 VOLUME 17, NUMBER I LIT NEWS ATIN I A PUBLICATION OF THE SECTION OF LITIGATION AMERICAN BAR ASSOCIATION ABA Backs Section Proposal on Ancillary Business Model Rule change prohibits lawfirmsfron providing non-legal services by Wiley E. Mayne. Jr., Assoc iate Editor Annual Meeting: Coverage of Section Programs Presented in Atlanta Pages 5-7 Special Insert: Some Things in Life Really are Free It Costs Nothing to Join Section Comnmnittees L itigation Section-backed changes in the Model Rules of Professional Conduct to limit lawyers' ancillary business activities were accepted by the ABA House of Delegates at the ABA Annual Meeting. The vote narrowly rejected a competing proposal from the ABA's Standing Committee on Ethics and Professional Responsibility. The amended Model Rules now limit ancillary business activities to those incidental to, in connection with and concurrent to, the provision of legal services. The type of ancillary services now covered by the Model Rules include title insurance, trust services and patent consulting. The Section proposal made clear that certain other activities-services or products intended for use by other lawyers- were not among the ancillary activi- ties covered. The revised Rule states that non- legal ancillary services are covered if they are provided to clients, are functionally connected to legal services, clearly do not themselves constitute the practice of law, arc readily available from people not licensed to practice, and have the potential for creating serious ethical problems in the lawyer client relationship. Those problems arise, the Section argued, by compromising the independent professional judgment of lawyers, creating conflicts of interest; threatening the clients' (or customers') expectations of confidentiality and causing confusion oil the part of clients or customers. The Standing Committee proposal would have pernlitted liberal provision of ancillary services to non-clients provided that certain disclosures were made. 'rile I louse of Delegates action culminaled a significant Section effort over several years. The Litigation Section really came of age wilh this (continued on page 7) Two Lawyers, Bar Group Win Section's International Human Rights Award Award shared by Czech and Slovak Chief Justice, Haitian human rights activist and Sudan Bar Association by Joseph P. Esposito, Associate Editor T he Section of Litigation presented its International Human Rights Award to three recipients during tile ABA Annual Meeting in Atlanta in August. The recipients were: Dr. Otakar Motejl, tile How do you Spell Relief? Lawyers told to improve their personal relationships by Mark E. Staib. Associate Editor T o cure the malaise that many say grips the profession, lawyers should work to improve their personal relationships with their families, colleagues and clients. This approach will yield greater personal satisfaction than striving for professional and financial success. Martha K. Tuohey, Washinglon, DC, a practicing psychologist married to a foner Council member, told tile Council and Committee Chairs at the spring meeting that attorneys look for happiness in all the wrong places. They confuse success with happiness. Tuohey said happiness depends on meeting one's internal emotional needs and on the quality of relationships with one's loved ones. Too often the time professionals spend with their family pales in comparison to time spent in (continued on page 4) Chief Justice of the Supreme Court of tile Czech and Slovak Federal Republic; Jean Jacques -lonorat, tile Executive Director of the Haitian Center for Human Rights (CHADEL), an intena- tionally respected human rights organi- zation and the Sudan Bar Association. The Award recognizes persons who have made special contributions il foreign countries in the area of human rights. Ed Wesely, New York City, Co-Chair of tile Committee on Liaison with Profes- sional Associations, noted that these are the first recipients of the Award which was established by tle Section Council this year. According to foniler Section Chair Paul J. Bsciorr, New York City, a major force that drives this initiative is the knowledge that in many countries with repressive regimes, the regime is less likely to take retaliatory action (contiuicd o(11 page 2)

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