Preliminary Comments on ABA Resolution 100

7 Pages Posted: 11 Jul 2023 Last revised: 29 Aug 2023

Date Written: June 26, 2023

Abstract

This paper reflects some of the author’s comments American Bar Association Standing Committee on Ethics and Professional Responsibility Standing Committee on Professional Regulation Report 100 to the House of Delegates 2023 Annual Meeting which is available at https://www.americanbar.org/content/dam/aba/directories/policy/annual-2023/100-annual-2023.pdf. Report 100 introduces a new ethical requirement that lawyers conduct due diligence investigations upon their clients at the outset of the engagement and throughout the engagement for the benefit of law enforcement and others dealing with the clients. The author believes that this Report, if adopted, will result in significant changes in the manner in which the legal profession relates to its clients and will give rise to several questions that lawyers will need to address rapidly. The author hopes to update this working paper as new questions arise and as solutions for these problems that are identified are proposed.

Keywords: Legal Ethics, Professional Responsibility, Professional Liability, Client Due Diligence

JEL Classification: K00, K2, K22, K23, K3, K34, K4, K40, K42

Suggested Citation

Keatinge, Robert R., Preliminary Comments on ABA Resolution 100 (June 26, 2023). Available at SSRN: https://ssrn.com/abstract=4491527 or http://dx.doi.org/10.2139/ssrn.4491527

Robert R. Keatinge (Contact Author)

Holland & Hart ( email )

555 Seventeenth Street Suite 3200
Denver, CO 80202-3979
United States

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