The American Bar Association Standing Committee on Ethics and Professional Responsibility has issued Formal Opinion 470 that would allow judges to urge lawyers to meet their professional obligation under Rule 6.1: Voluntary Pro Bono Publico Service.
The formal opinion is intended to clarify what could be construed as conflicting guidance under Rule 3.7 of the ABA Model Code of Judicial Conduct.
For the first time, the Standing Committee on Ethics and Professional Responsibility determined that a state Supreme Court justice could craft a general appeal letter urging lawyers to meet their professional obligation under Rule 6.1 in such a way that was not coercive. Also, the formal opinion found the judge who signed such an appeal letter does not "demonstrate a bias or prejudice toward any particular pro bono organization" because the letter would be a general appeal for pro bono service.
Finally, the committee noted that "a Supreme Court justice does not abuse the prestige of judicial office when the justice signs a letter on court stationery encouraging lawyers to meet their professional responsibilities under Rule 6.1 and directing lawyers to the bar association for a list of organizations in need of pro bono assistance."
The ABA Standing Committee on Ethics and Professional Responsibility periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior.
Formal Opinion 470 and other ABA ethics opinions are available on the ABA Center for Professional Responsibility website, www.americanbar.org/groups/professional_responsibility/publications/ethics_opinions.html.
Published: Tue, May 26, 2015
