Legal Ethics: What Does ABA Model Rule 2.1 Require of Lawyers?

Is there a legal ethics rule that no lawyer ever has been sanctioned for having violated? The answer to that question is “no,” but because ABA Model Rule 2.1 comes very close, it is routinely overlooked by state bar disciplinary authorities and practicing lawyers alike. In the latest installment in this popular series, Zach McGee provides lawyers with practical guidance on how to fulfill their ethical obligations under ABA Model Rule 2.1 to exercise independent professional judgment and to render candid advice. ABA Model Rule 2.1 also permits lawyers to refer not only to law but to other consideration such as moral, economic, social and political factors in rendering their advice, which can be useful when a client’s desired course of action is not in his or her best interests.