ABA Resource Committee

Working with the American Bar Association

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ABA Releases Opinion on Prosecutors’ Ethical Duties

The ABA Standing Committee on Ethics and Professional Responsibility today released Formal Opinion 467, which deals with the managerial and supervisory obligations of prosecutors under Model Ethics Rules 5.1 and 5.3. The opinion finds that (1) prosecutors with managerial authority must adopt reasonable policies and procedures to ensure all lawyers and non-lawyers in their office conform to model rules, (2) prosecutors with direct supervisory authority must make reasonable efforts to ensure all lawyers and non-lawyers they supervise conform to the rules, and (3) prosecutors with both managerial and supervisory authority may be required to fulfill both sets of obligations.

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New ABA President Calls for Innovation in Delivery of Legal Services

South Carolina lawyer William C. Hubbard accepted the gavel as the new president of the ABA and urged lawyers to join him in his signature effort: closing the legal services delivery gap for the poor. Hubbard outlined several ways to accomplish that goal, including connecting lawyers, judges and academics with technology innovators who are spending millions of dollars on finding new ways of providing legal services. “We must marry this creativity with our own justice system to provide greater access while protecting the public,” he said. He also noted that several specific issues “clamor for our attention and rational evidence-based solutions.” These include a criminal justice system that is breaking down fiscally, the continued imprisonment of low-level offenders, the number of mentally ill in prison, the need for more pro bono representation for domestic violence victims, and the balance between privacy and security. Read more about Hubbard’s goals for the year in the ABA Journal.

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