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13 Advocate 1 (1970)

handle is hein.barjournals/adisb0013 and id is 1 raw text is: Vol. 13, No. -).j P Boise, Idaho January, 1970 L Vx Ii Csidcnfis4 By Lamont Jones Every attorney, by now should have received a copy of the Code of Profes- sional Responsibility and the small print makes it appear to be an overwhelming reading assignment when compared with our present Canons of Professional Eth- I ics. But the new code deserves your study, understand- f ing and support; consequently in this column and in sub- sequent issues of the Advocate we will re- view portions of the new code in an ef- fort to whet your appetite for the full course to be found only in that copy of the code lying there on your desk. Most of the material to be found in our re- view will come directly from the new code or from comments made by mem- bers of the ABA who are conversant with its c6ntents. The ABA committee responsible for the new code was chaired by Mr. Ed Wright, the president-elect of the ABA. This committee determined that the canons needed revision in four principal particulars: (1) There are important areas involving the conduct of lawyers that are either only partially covered in or totally omitted from the Canons; (2) Many Canons that are sound in sub- stance are in need of editorial revision; (3) Most of the Canons do not lend themselves to practical sanctions for vio- !ations; and (4) Changed and changing conditions in our legal system and urban- ized society require new statements of professional principles. The committee also concluded that the present Canons are not an effective teaching instrument and they fail to give guidance to young lawyers beyond the language of the Canons themselves. There is no organized interrelationship - k Jk Jk J J of the Canons and they often overlap. They are not cast in language designed for disciplinary enforment and many abound with quaint expressions of the past. The present Canons, nevertheless, contain many provisions that are sound in substance, and all of these have been brought forward in the proposed Code. The committee's approach to formu- lating the new code was to promulgate three separate but interrelated parts en- titled Canons, Ethical Considerations and Disciplinary Rules. Each of these is de- fined as follows: 1. The Canons are statements of ax- iomatic norms, expressing in general terms the standards of professional con- duct expected of lawyers in their rela- tionships with the public, with the legal system, and the legal profession. They embody the general concepts from which the Ethical Considerations and the Dis- ciplinary Rules are derived. 2. The Ethical Considerations are as- pirational in character and represent the objectives toward which every member of the profession should strive. They constitute a body of principles upon which the lawyer can rely for guidance in many specific situations. 3. The Disciplinary Rules, unlike the Ethical Considerations, are mandalory in character. The Disciplinary Rules state the minimum level of conduct be- low which no lawyer can fall without being subject to disciplinary action. Enforcement of the code remains with the respective state bar associations for the code does not prescribe discinlinary procedures or penalties for violations of a Disciplinary Rule, nor does it under- take to define standards for civil liability for lawyers for professional conduct. The first Canon of the code is a gen- eral statement that a lawyer should assist in maintaining the integrity and competence of the legal profession. This is an amalgam of parts of existing Canons 28, 29 and 32. The text of the Ethical Considerations and Disciplinary Rules under Canon 1 reads as follows: Ethical Considerations EC 1-1 A basic tenet of the profes- (Continued on page two) Registration for London Meeting Opens March 1 Registration for the Association's 1971 London meeting will open next March 1. Priorities will be in effect until Oct. 1, 1970, when registration will switch to a first come, first served basis. Priorities First priority for the Lon- don portion of the 1970 meeting will go to members of the House of Delegates, Section Council members and committee chairmen; members of ABA standing and special committees, national officers and Official Travel Agents American Express Company and Thos. Cook & Son, Inc. have been named offi- cial travel agents for the London meet- ing. The two companies will handle all travel arrangements both by ship and air. Inquiries should be directed to: ABA L o n d on . Meeting Headquarters, 30 Church St., New York, New York 10006. The phone is (AC 212) 868-2740. circuit vice presidents of the Law Student Division, and lawyer members of national conference groups in 1969-70 and 1970-71 ABA years. Second priority goes to members, not in the first group, who have registered for three of the five annual meetings be- tween 1966 and 1970, or two of three meetings between 1968-70. Third priority goes to members not qualifying for priorities one or two. Non- member lawyers will be accommodated if space remains after the third priority. Reservations Sleeping accom- modations assigned through ABA will be limited to one room per member. A regis- tration fee of $125 will cover both the London and New York portions of the 1971 meeting. An official registration application will appear in the February issue of the ABA Journal. The New York portion of the meeting will be held July 5-7. It will include Section Council and Committee meetings and sessions of the House of Delegates. The meeting resumes July 14 in Lon- (Continued on page three)

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