Sunday, February 15, 2009

ABA to discuss possible changes to rules re screening

On Monday, February 16th, the ABA will webcast its deliberations concerning the proposed amendment to Model Rule 1.10. The link to the webcast is here.

This is a contentious issue. Prof. Andrew Perlman has posted a short comment over at Legal Ethics in which he provides some good links to posts for and against the notion of screening.

As he explains, "[t]he issue is difficult, in part, because it is hard to know just how dangerous a screening provision is. . . . If lawyers will breach the screen with any kind of frequency . . . the screening provision is a bad idea. If a breach of the screen will occur in very few cases, the benefits of screening probably outweigh the costs."

Prof. Perlman's comment is available here.

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