Overview
This assignment will require research into the ABA ModelRules of Professional Conduct and scripture. You will thoroughly analyze themodel rule through the lens of scripture and determine whether the model ruleor the scripture imposes a greater ethical responsibility on the Christianlegal professional. This analysis requires research into the moral and ethicalunderpinnings of each model rule and requires one to apply a Biblical worldviewto shape the analysis. This research project will develop a deeperunderstanding of the Model Rules of Professional Conduct, enhance research andwriting skills, and will show the importance of applying a Biblical worldviewto the practice of law.
Instructions.
You mayselect any model rule, or specific subsection of a model rule, but you may onlyuse each rule once. You must insert the model rule, verbatim, into a blankdocument that you create. Choose an appropriate passage to incorporate from theBible that illustrates the moral duty imposed by Scripture. (You may select anypassage of Scripture provided that you can link the passage, in an appropriatemanner, to the principle outlined in the selected rule.) You must insert thepassage, verbatim, immediately following the model rule. In at least 150 words,explain how that particular passage relates to the selected model rule. Foreach rule, you must indicate whether the biblical standard would impose greaterethical responsibility on the Christian legal professional than the model rule.You must cite each source in Bluebook format using footnotes.
For the ABA Module Rules Assignment, LL.M. studentsonly are required to write an additional 250 words for each answer totaling2500 words.
Note:Your assignment will be checked for originality via the Turnitin plagiarismtool.
Rulesare below:
Rule1.1: Competence: A lawyer shall provide competent representation to a client.Competent representation requires the legal knowledge, skill, thoroughness andpreparation reasonably necessary for the representation.
Rule 1.3: Diligence: Alawyer shall act with reasonable diligence and promptness in representing aclient.
Rule 2.1: Advisor: Inrepresenting a client, a lawyer shall exercise independent professionaljudgment and render candid advice. In rendering advice, a lawyer may refer notonly to law but to other considerations such as moral, economic, social andpolitical factors, that may be relevant to the client’s situation.
Rule3.1: Meritorious Claims & Contentions: A lawyer shall not bring or defend aproceeding, or assert or controvert an issue therein, unless there is a basisin law and fact for doing so that is not frivolous, which includes a good faithargument for an extension, modification or reversal of existing law. A lawyerfor the defendant in a criminal proceeding, or the respondent in a proceedingthat could result in incarceration, may nevertheless so defend the proceedingas to require that every element of the case be established.
Rule 3.2:Expediting Litigation: Advocate: A lawyer shall make reasonable efforts toexpedite litigation consistent with the interests of the client.
Rule 3.9: Advocate in NonadjudicativeProceedings: A lawyer representing a client before a legislative body oradministrative agency in a non-adjudicative proceeding shall disclose that theappearance is in a representative capacity and shall conform to the provisionsof Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.
Rule 4.1:Truthfulness in Statements to Others: Transactions With Persons Other ThanClients In the course of representing a client a lawyer shall not knowingly: (a)make a false statement of material fact or law to a third person; or (b) failto disclose a material fact to a third person when disclosure is necessary toavoid assisting a criminal or fraudulent act by a client, unless disclosure isprohibited by Rule 1.6.
Rule 4.2:Communication with Person Represented by Counsel: In representing a client, a lawyershall not communicate about the subject of the representation with a person thelawyer knows to be represented by another lawyer in the matter, unless thelawyer has the consent of the other lawyer or is authorized to do so by law ora court order.
Rule 4.3: Dealing withUnrepresented Person: In dealing on behalf of a client with a person who is notrepresented by counsel, a lawyer shall not state or imply that the lawyer isdisinterested. When the lawyer knows or reasonably should know that theunrepresented person misunderstands the lawyers role in the matter, the lawyershall make reasonable efforts to correct the misunderstanding. The lawyer shallnot give legal advice to an unrepresented person, other than the advice tosecure counsel, if the lawyer knows or reasonably should know that theinterests of such a person are or have a reasonable possibility of being inconflict with the interests of the client.
Rule 4.4: Respect for Rights ofThird Persons: (a) In representing aclient, a lawyer shall not use means that have no substantial purpose otherthan to embarrass, delay, or burden a third person, or use methods of obtainingevidence that violate the legal rights of such a person. (b) A lawyer who receives a document orelectronically stored information relating to the representation of thelawyer’s client and knows or reasonably should know that the document orelectronically stored information was inadvertently sent shall promptly notifythe sender.
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