8/30/11 | 9/27/11

MSBA Rules of Professional Conduct (RPC) Committee
Meeting Summary
September 27, 2011
8:00 a.m.

Proposed Amendments to the MRPC:  Bill Wernz, in publishing his e-book on legal ethics, has raised questions and/or issues with some of the current rules.  The Committee began reviewing these issues at its August meeting and discussed the remaining items at this meeting.

1.16(e) Return of Client Files:  The concern here arises from documents that may have legal effect because they have been signed by an attorney but never filed and the client has not paid for the work.  Members agreed the common practice of most attorneys is to turn over a client file upon request, regardless of whether the attorney has been paid or not.  For this reason, members agreed there was no issue here at present. 

4.3 Dealing with Unrepresented Persons:  Some states have amended their rules to allow attorneys to conduct undercover investigations.  Mr. Burns commented the LPRB has not seen issues with this section of the rules.  The Committee determined no action is necessary at this time.

8.3(c) and 1.6(b)(10) Reporting Misconduct:  Members commented there are some other rules that likely trump both 8.l3(c) and 1.6(b)(10), depending on the circumstances.  The LPRB does not have many attorneys reporting misconduct.  Members agreed there is merit to the rule as it is and there is no need for change.

ABA Ethics 20/20 Update:  Mr. Cooperstein summarized for the Committee some of the issues the ABA Commission on Ethics 2020 has been examining and discussing over the past two years.  Examples include: multijurisdictional practice, outsourcing, admission on motion, technology and advertising.

Next Meeting:  The Committee’s next meeting is scheduled for October 25 at 8:00 a.m.  If there are no agenda items, the meeting will be cancelled.

MSBA Rules of Professional Conduct (RPC) Committee
Meeting Summary
August 30, 2011
8:00 a.m.

Proposed Amendments to the MRPC:  Bill Wernz, in publishing his e-book on legal ethics, has raised questions and/or issues with some of the current rules.  The Committee began reviewing these issues. 

1.8(a) Business Transactions with Clients:  While moving the word “knowingly” further up in the rule could alleviate any potential problems, the general sense of the Committee is that there is no pressing need to change this rule at the present time. 

1.8(c) (Gifts from Clients):  Under the Minnesota rules as opposed to the model rules, an attorney may receive a fairly substantial gift from a client.  Mr. Burns and Ms. Hanson commented the LPRB is not seeing this as an issue.  A conflict under 1.7(a)(2) may be more likely than one arising under 1.8(c).  If the Committee does decide to pursue a recommendation for change to any of the rules, this one may be revisited.

1.8(j) (Sexual Relations with Clients):  The Committee agreed this does not need to be addressed.

1.15 (Safekeeping Property):   Committee members did not feel it necessary to clarify the line between the types of funds attorneys are and are not allowed to keep in a trust account.  However, an article or a CLE on this topic might be appropriate.

1.16(e) (Return of Client Files):  Committee members needed further details from Mr. Wernz regarding the problem with this part of the rules since it was not clear to the Committee.  Mr. Cooperstein will obtain this information.

Mr. Cooperstein asked Committee members to let him know if there are other rules they would like the Committee to review and mentioned he may raise Rule 7.2 for discussion.

Next Meeting:  The Committee will continue discussing the proposed rule changes at their next meeting is scheduled for Tuesday, September 27 at 8:00 a.m.  Meetings will be the 4th Tuesday of every month at 8:00 a.m.