Lawyers Call for Ethics Reform to Preserve Integrity Amidst Election-Fraud Claims and Capitol Riot
Lawyers who support ethics reform are prioritizing the preservation of integrity within the legal profession, according to a survey conducted by Bloomberg Law. The survey found that their concerns may be driven by the recent election-fraud claims and the U.S. Capitol riot that occurred on January 6, 2021. The survey, known as the 2023 State of Practice survey, unveiled some interesting insights.
Out of the respondents who thought that the American Bar Association (ABA) Model Rules of Professional Conduct should be revised, 65% stressed the need for reform in the rule categories relating to upholding the integrity of the profession. Another area of concern for lawyers was the client-lawyer relationship, with 41% of respondents suggesting that revisions should be made to model rules in this particular domain.
In a related development, the focus on lawyer ethics prompted California lawmakers to pass a bill known as Senate Bill 40. This legislation mandates lawyers to report to the state bar if they suspect other attorneys are involved in seditious conspiracy, treason, rebellion, or insurrection. However, this requirement does not extend to information protected by attorney-client privilege.
California State Sen. Tom Umberg, a Democrat and the bill’s author, expressed confidence in Governor Gavin Newsom signing it into law. The motivation behind this legislation was the allegations against former Chapman University law professor John Eastman. Bloomberg Law previously reported that Eastman is currently facing ethics and criminal charges in connection with his claims of a stolen election and his theories regarding overturning election results.
The California Supreme Court has also made efforts to address lawyer ethics. In June, it approved a revision to the state’s ethics rules, which obligates lawyers to report instances of fraud, misappropriation of funds, and other misconduct that raises substantial questions about honesty, trustworthiness, or fitness as a lawyer.
This revision is noteworthy as California was the only state without such a rule prior to its implementation, according to Reuters.
In summary, lawyers advocating for ethics reform prioritize the integrity of the legal profession. The recent election-fraud claims and the U.S. Capitol riot have emphasized the need for revisions to the ABA Model Rules of Professional Conduct. The passing of Senate Bill 40 in California further underscores the efforts to ensure ethical conduct among lawyers. The state’s Supreme Court has also introduced revisions aimed at promoting transparency and accountability within the legal community.
