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5 Jud. Div. Rec. 1 (2001-2002)

handle is hein.aba/judrc0005 and id is 1 raw text is: ABA House of Delegates Actions at the ABA Annual Meeting in Chicago by Judge Fred Rodgers Golden, CO O n the day most American Bar Association (ABA) members were scheduled to begin arriving in Chicago for the ABA Annual Meeting, the Windy City received an unexpected monster thunderstonn. It was of such force that the 1.6 billion-gallon water run-off storage vault under the city filled to capacity in just 20 minutes. As if this were not enough, the Chicago River overflowed its banks and reversed direction, flowing toward Lake Michigan instead of away from the lake. Eventually the weather returned to normal, as planes were finally permitted to land and meetings rapidly filled with lawyers and judges from around the country and around the world to address the business at hand, That business included, the House of Delegates' (House) two full days of work August 6 and 7, and, as predicted, revisions to the Code of Professional Responsibility and the Ethics 2000 commission recommendations took the lion's share of the 532 delegates' time. And it will continue to occupy their attention at the 2002 ABA Midyear Meeting in Philadelphia and possibly at the 2002 Annual Meeting in Washington, DC when the entire amended Code is subject to House approval. Besides the Code, the House had many other policy issues to debate, and the Judicial Division actively participated through its six elected delegates, as well as through other judge members of the House. Ethics Because of the volume and diversity of material under consideration in the Ethics 2000 report on the Code of Professional Responsibility (Code), the House adopted special rules limiting debate and addressing the Code provisions individually. In addition, the delegates decided to further divide the subsections of Rule 1.6 (b) relating to confidentiality of client information, for discussion and vote. Backers of allowing lawyers more leeway to disclose client confidences to prevent fraud, injury or death won a partial victory. After spirited debate, the House by a vote of 243 to 184 approved allowing lawyers to disclose confidences when doing so prevents reasonably certain death or substantial bodily harm. But a proposal allowing disclosure of financial fraud by a client, if the lawyers services were being used to commit the fraud, was defeated 255 to 151. Realizing the votes were lacking to allow disclosure under the same circumstances to mitigate a financial loss, backers withdrew a similar measure. This change, the first Code update in nearly 20 years, is significant because it means lawyers who may know of a (continail on page (3) National onference of Administrative Law Judges 15 National (onference of Special (ourl JudgeT National Conference of Federal Trial Judges 23 National (onference of Stale Trial Judges 35 UpDICljL DIVISION- Digitized from Best Copy Available 27

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