Aba Model Rule: Ethics - Essay Example

ABA MODEL RULE: ETHICS The purpose of this assignment is to provide a critical discussion on the topic of ethics based on information provided in the Dewey and Jones case study. The format that this paper will utilize is to first identify questions pertaining to the case and then provide an answer based on relevant literature. The first question identified asked what ethical rules are involved using the ABA Model rules? It is the case that rule 1.5 (a) of the American Bar Association clearly identifies that “A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.

” specifically speaking section 1 identifies that a the time and labor required should be reasonable. Without question, it is the case that John is not performing the required task in the requisite time. Moreover it is also the case that by knowingly deceiving the client and outright lying about his use of time, John would be in violation of Rule 8.4. From this perspective it could be argued that John violated the rules of professional conduct, committed an act that adversely affects the lawyers trustworthiness and engaged in deceit, misrepresentation and dishonesty.

The question that comes to mind is what should I do in this situation? Although it would never be my intention to bring harm to a colleague, I would be committing a great disservice to the legal community if I did not do something regarding this act of dishonesty. However, it is the case that I do not have any verifiable evidence illustrating that my colleague had knowingly overcharged the client. I would confidentially bring my concerns to my direct superior within the law firm. By choosing this path I may bring some negative comments from my peers, it would be better for my conscience.

In regards to the options that a law firms have a number of considerations must be made. In my opinion, the law firm should gather sufficient evidence to determine that John was knowingly being dishonest. If the firm does believe that John has deceived a client and over billed than the law firm could either choose to bring the issue to the disciplinary authority or find some sort internal solution (Such as firing John). According to rule 8.5 of the ABA rules of professional conduct, lawyers are subject to the disciplinary authority of the jurisdiction in which they are practising.

From this perspective the disciplinary authority could make any number of recommendations, such as revoking John's license, forcing john to pay reparations, recommending criminal proceedings etc. Whatever the outcome of a disciplinary action, it is my belief that John has acted dishonestly and the issue should be brought to the attention of the proper authorities. References Center for Professional Responsibility (2011) Model Rules of Professional Conduct. [online] Available at http://www.americanbar.

org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents.html Accessed on May 16th 2011.