Publications

 

Public Statements

APRL may issue public reports, positions, and/or amicus briefs that the APRL Board of Directors has approved pursuant to Article XIV of the APRL By-Laws as being consistent with the purposes of the organization.

The following are current public statements, reports, and/or amicus briefs recently issued by APRL (for earlier publications, click on “archive”):

APRL – Proposals to Amend Lawyer Advertising Regulations:

June 22, 2015

2015 Report of the APRL Regulation of Lawyer Advertising Committee

On June 22, 2015, the APRL Board voted to approve the publication of the Report of APRL’s Lawyer Advertising Committee. The Report recommends extensive revisions to lawyer advertising rules so they are compatible with modern electronic means of communication. The Report recognizes the need for lawyer advertising rules to be consistent with the First Amendment, anti-trust laws, the globalization of legal practice, and rapid technology changes, all of which warrant “a realignment of the balance between the professional responsibility rules and the constitutional right of lawyers to communicate with the public.”

APRL thanks the American Bar Association Center for Professional Responsibility and National Organization of Bar Counsel for their indispensable contributions to these proposals to date.

APRL seeks input from all interested groups on these proposals, which are intended to continue to prohibit false and misleading advertising and certain direct solicitation of clients, through revisions that make the Rules enforceable, without unreasonably restraining communication of accurate information about legal services.

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April 26, 2016

2016 Supplemental Report of the APRL Regulation of Lawyer Advertising Committee
The APRL Board on April 26, 2016 approved for publication a Supplemental Report of the Lawyer Advertising Committee, which recommends amendments to ABA Model Rules of Professional Conduct 7.2 and 7.3 to merge these Rules into new Rule 7.2, addressing forms of “solicitation” of clients and paying for referrals. Revised Rule 7.2 maintains the prohibitions against face-to-face and live telephone solicitation of clients, continues the requirements for marking targeted mailings as “advertising material,” and proposes slight modifications to the restrictions on giving “anything of value” to someone for referring clients.

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*The American Bar Association’s Center for Professional Responsibility along with APRL will hold a public Forum to discuss APRL’s proposed Rule changes on Friday, February 3, 2017 at 2:00pm at the Hyatt Regency Miami, in the Merrick II room, on the third floor.

Archive of Statements and Amicus

April 16, 2014
The 2014 Report of the APRL, NOBC, and ABA Committee on Lawyer Assistance Programs (“CoLAP”) Joint Committee on Aging Lawyers

Representatives from the National Organization of Bar Counsel (“NOBC”), APRL, and ABA Commission on Lawyer Assistance Programs prepared the 2014 Report on how the legal profession is tackling issues related to aging lawyers. The 2014 Report builds on the 2007 APRL-NOBC Joint Report and includes updates on various programs implemented by US jurisdictions to identify and address, proactively, cognitive and physical issues that may affect a lawyer’s ability to practice law. Such programs seek to prevent discipline problems and assist families, firm partners and staff of senior lawyers with resources to manage the challenges of an aging lawyer population. The Report also discusses existing programs and recommendations to assure that senior lawyers share their experience and knowledge with new members of the profession in reciprocal mentoring situations.

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July 19, 2013
A Statement that neither endorses or publicly opposes a Resolution of the King County Bar Association (“KCBA”) urging lawyer disciplinary authorities to not take disciplinary action against lawyers who counsel clients about compliance with state and territorial laws legalizing the possession and use of marijuana. The Statement also requests that the ABA Standing Committee on Ethics and Professional Responsibility issue a formal opinion addressing the applicability of ABA Model Rule 1.2(d) and any other relevant Model Rules to lawyers who provide advice to clients on compliance with state laws that authorize the production, distribution, possession or use of marijuana.

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December 11, 2012
A Statement in Support of the ABA Ethics 20/20 Commission’s Proposed Revisions to the ABA Model Rule on Pro Hac Vice Admission concerning Inbound Foreign Lawyers

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A Statement in Support of the ABA Ethics 20/20 Commission’s Proposed Revisions to ABA Model Rule 5.5 and the ABA Model Rule for Registration of In-House Counsel concerning Inbound Foreign Lawyers

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August 3, 2012
A Statement Opposing Resolution 10A, which was placed before the House of Delegates at the August 2012 ABA Annual Meeting. Passage of Resolution 10A would have precluded the Ethics 20/20 Commission from considering issues pertaining to law firm ownership.

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October 25, 2011
A Statement in Support of the ABA Ethics 20/20 Commission’s Proposed Revisions to ABA Model Rule 5.5, ABA Model Rule on Pro Hac Vice Admission and the ABA Model Rule for Registration of In-House Counsel concerning Inbound Foreign Lawyers

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April 4, 2011
A Proposal for Freedom of Movement of Lawyers Among the States

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August 2010
APRL Statement on Proposed Amendments to ABA Model Code of Judicial Conduct.

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August 2010
APRL Statement on Proposed ABA Model Rules for Client Trust Account Records

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August 2010
APRL Statement on Proposed Amendments to ABA Model Rule on Admission by Motio.n

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APRL Statement on ABA Ethics 20/20 Commission Proposed Templates re Inbound Foreign Lawyer Issues.

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APRL Statement On Proposed DOD Investigation of Lawyers Representing Guantanamo Prisoners.

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August 2009
APRL Statement Re: American Bar Association 2009 Annual Meeting Report 111A (concerning possible negative effects on individual lawyers from judicial findings of misconduct).

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August 2008
Statement of the Association Of Professional Responsibility Lawyers Concerning the Case of Charles Dean Hood.

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Proposed Amendments to Model Rule 1.10

February 2009
APRL’s 2009 Statement Supporting the November, 2008, Report and Recommended Amendment to Model Rule 1.10 re Screening.

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November 2008
ABA Standing Committee on Ethics and Professional Responsibility’s Report and Recommended Amendment to Rule 1.10.

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February 2009
APRL’s 2009 Statement Regarding Proposed August 2008 Amendments to Model Rule 1.10 Recommended by the ABA Standing Committee on Ethics and Professional Responsibility.

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May 21, 2008
APRL’s Report Regarding the August 2008 Proposed Amendments to Model Rule 1.10 Recommended by the ABA Standing Committee on Ethics and Professional Responsibility.

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July 2008
Proposed Model Rule for Registration of In-House Counsel

APRL’s Position Regarding the Proposed Model Rule for In-House Counsel Registration recommended by the ABA Committee on Legal Education and Admission.

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July 2008
Statement of the Association of Corporate Counsel (ACC) concerning the Proposed Model Rule for Registration of In-House Counsel.

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July 2008
APRL’s Supplemental Statement Endorsing ACC’s Comments on Proposed In-House Counsel Registration Rule.

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July 2008
The Report and Recommendation of the ABA Committee on Legal Education and Admission regarding the Proposed Model Rule for In-House Counsel Registration.

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May 8, 2007
Limitations on Guantanamo Confidentiality and Communications

APRL’s Open Letter to Secretary of Defense Robert Gates opposing Department of Justice Proposed Limitations on Guantanamo Attorney-Client Confidentiality and Communication.

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May 11, 2007
The Government’s Motion for Leave to Submit Revision to Government’s Proposed Protective Order.

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May 2007
The “Final Report” of the NOBC-APRL Joint Report on Aging Lawyers.

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