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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





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
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
'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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