ABA Model Rules Assignment
JURI 580
Professor Daniel Lacy
ABA Model Rules Assignment
For this assignment, I will be reviewing 10 ABA Model Rules to see whether they have a
greater ethical responsibility than biblical standards. I believe that the model rules act as almost a
reflection of what the bible teaches and as Christian lawyers. It reinforces the biblical standards
in our teachings. The 10 ABA Rules of Professional Conduct I will be reviewing are Rule 1.1
concerning competence, Rule 1.3 on Diligence, Rule 1.4 on communication, Rule 1.6 on
Confidentiality of Information, Rule 1.15 on Safekeeping Property, Rule 2.1 regarding Advisor
duties, Rule 2.4, Lawyers Serving as a Third-Party Mutual, Rule 4.1 addressing Truthfulness in
Statements to others, Rule 6.1 discussing Voluntary Pro Bono Publico Service, and Rule 7.1:
Communications Concerning a Lawyer's Services.1
Rule 1.1: Competence-Client-Lawyer Relationship
“A lawyer shall provide competent representation to a client. Competent representation requires
the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the
representation.”
Proverbs 18:15 (NIV) - “The heart of the discerning acquires knowledge for the ears of the
wise seek it out.”2
Proverbs 18:15 recognizes the value of discernment and wisdom which are important
qualities for every lawyer to have to ensure competent representation. This verse recognizes that
the wise actively seek knowledge. Lawyers who actively seek knowledge have the legal
expertise to serve their clients effectively. The desire to learn information is an important quality
for any lawyer to have because there are always new laws and policies being created. competent
and up-to-date on these new laws and policies reflects ultimate preparedness for representation.
1 (American Bar Association, 2023)
2 Proverbs 18:15 (NIV)
In the context of Model Rule 1.1, the biblical principle outlined in Proverbs 18:15 aligns with
expectations for legal professionals to have skill, thoroughness, and legal knowledge, and to be
prepared necessarily to represent a client. The biblical principle emphasizes the importance of
continuous learning and Christian legal professionals calling to a higher ethical responsibility.
Pursuing wisdom is guided by a commitment to serving others by having integrity and fostering
excellence. Therefore the biblical standard imposes a greater ethical responsibility on Christian
legal professionals as opposed to the model rule alone. The Model rule 1.1 lists the specific
requirements for representation while Proverbs 18:15 instructs how to acquire wisdom by
actively seeking knowledge and qualities that are essential to being competent.
Rule 1.3 Diligence
“A lawyer shall act with reasonable diligence and promptness in representing a client.”
Ecclesiastes 9:10 (NIV) “Whatever your hand finds to do, do it with all your might for in
the realm of the dead, where are you going, there is neither working nor planning nor
knowledge nor wisdom” 3
Rule 1.3 notates the importance of being proactive and efficient when representing clients. A
lawyer who is diligent acts with promptness to fulfill their moral obligation to provide competent
and effective legal services to their clients. This Model rule aligns perfectly with instructions
from Ecclesiastes, telling us “Whatever your hand finds to do, do it with all your might.”³ The
wisdom from Ecclesiastes reminds us that in every work, you should approach it with dedication
and effort, leaving no room for neglect or procrastination. By embodying the spirit of this
scripture, lawyers can ensure that they are giving their best to every client. Legal professionals
must strive for excellence in all aspects of their practice. In the context of ethical responsibility,
Model Rule 1.3 imposes a direct responsibility regarding the professional conduct lawyers
3 Ecclesiastes 9:10 (NIV)
should have. The model rules sets the expectations and standards and is backed by disciplinary
precautions for non-compliance. However, the ethical responsibility derived from biblical
teachings such as seen in Ecclesiastes provides moral guidance and the foundational principles
for an ethical practice. Although the bible does not directly address conduct for legal
professionals, it does offer timeless wisdom with a greater ethical responsibility to show
dedication in all endeavors.
Model Rule 1.4 Communications
a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the
client's informed consent, as defined in Rule 1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the client's objectives are
to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer's conduct when the
lawyer knows that the client expects assistance not permitted by the Rules of Professional
Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to
make informed decisions regarding the representation.
Proverbs 24-26 (NIV) - “An honest answer is like a kiss on the lips.” 4
4 Proverbs 24-26 (NIV)
Model Rule 1.4 emphasizes the responsibilities lawyers have to ensure effective communication
with their clients so that clients may be well-informed of legal proceedings. The ethical
responsibility modeled in this rule is ensuring that communication is clear and effective and that
there is a heightened level of transparency tracking the progress and status of all legal situations
and then there is the duty to respect the client's autonomy in all decisions. The lawyer must
empower his/her clients with the information needed to gain clarity of all legal choices so the
client may make an informed decision.
As mentioned in Proverbs 24:26: “An honest answer is like a kiss on the lips.” ⁴,
emphasizing the value of honesty and transparency in effective communication. The proverbs
align with Model Rule 1.4 because they both share the duty to keep persons reasonably
informed. For Christian lawyers, this proverb and other teachings of the bible pose a greater
ethical responsibility than the model rule because it provides a foundation and framework for
ethical conduct. Model Rule 1.4 then would just not be a professional obligation but also a moral
obligation with instructions rooted in principles of our faith.
Rule 1.6 on Confidentiality of Information
a) A lawyer shall not reveal information relating to the representation of a client unless the
client gives informed consent, the disclosure is impliedly authorized in order to carry out the
representation or the disclosure is permitted by paragraph (b).
Proverbs 25:9 - "Argue your case with your neighbor himself, and do not reveal another's
secret."5
Model Rule 1.6(a) notates lawyers' duty of confidentiality concerning representing
clients. This rule also highlights the ethical responsibility lawyers have in the lawyer-client
relationship. Upholding this level of confidentiality is necessary for maintaining the client’s trust
and protecting sensitive information. Violating confidentiality can result in severe legal
5 Proverbs 25:9 (NIV).
consequences. Lawyers must adhere to Model Rule 1.6(a) diligently and uphold the principles of
trustworthiness and confidentiality.
Proverbs 25:9 also aligns with the principle of confidentiality and discretion. In Proverbs,
it is encouraged to “Argue your case with your neighbor but do not reveal another’s secret”,
reminding us of the value of discretion and confidentiality even in a dispute or argument.⁵ Both
this Proverbs verse and Model Rule 1.6 emphasize the ethical responsibility of maintaining and
respecting the privacy of others. In terms of ethical responsibility, both the Model Rule and verse
carry the same weight because they both specifically address the moral imperative of discretion.
Rule 1.15 Safekeeping Property
a) A lawyer shall hold property of clients or third persons that is in a lawyer's
possession in connection with a representation separate from the lawyer's own
property. Funds shall be kept in a separate account maintained in the state where the
lawyer's office is situated, or elsewhere with the consent of the client or third person.
Other property shall be identified as such and appropriately safeguarded. Complete
records of such account funds and other property shall be kept by the lawyer and
shall be preserved for a period of [five years] after termination of the representation.
Proverbs 22:1 (NIV) “A good name is more desirable that great riches; to be esteemed
better than silver or gold.”6
Model Rule 1.15 imposes the guidelines for the safekeeping of clients' funds and property by
lawyers. This model rule mandates that attorneys keep client funds and property isolated from
their own. The duty of a lawyer extends to safeguarding records concerning property and funds
and notifying clients if they receive funds or property. The lawyer also must deliver received
6 Proverbs 22:1 (NIV)
funds and property promptly and provide documentation when requested. Proverbs 22:1 states:
“A good name is more desirable than great riches; to be esteemed is better than silver or gold.” ⁶
This Proverb emphasizes the value of one’s character and reputation. This Proverb aligns
perfectly with Model Rule 1.15 because they both emphasize honesty, integrity, and ethical
behavior. For the Christian legal professional, the Model Rule and the verse from Proverbs both
carry ethical weight in terms of moral responsibility. Adherence to Proverbs 22:1 is not limited
to just following laws but also striving for ethical excellence and good moral character. The
Christian legal professional is subjected to higher moral responsibility and must maintain a good
moral character and or out of his/her profession.
Rule 2.1 Advisor
In representing a client, a lawyer shall exercise independent professional judgment and render
candid advice. In rendering advice, a lawyer may refer not only to law but to other
considerations such as moral, economic, social, and political factors that may be relevant to the
client's situation.
Proverbs 19:20 (NIV) “Listen to advice and accept discipline, and at the end you will be
counted among the wise”7
Model Rule 2.1 defines the responsibility of a lawyer when providing advice to his/her client.
When representing a client, lawyers are required to exercise professional discretion and deliver
candid advice. The advice of a lawyer is not just limited to legal principles but other relevant
factors as well such as moral, economic, social, and political advice. This Model Rule
summarizes the responsibilities of lawyers to assist their clients in making an informed decision.
Both Proverbs 19:20 and Model Rule 2.1 highlight the importance of providing and seeking wise
counsel. Both recognize the benefit of listening to advice in the process of making an informed
7 Proverbs 19:20 (NIV).
decision. Proverbs 19:20 provides us with moral principles that are universal in terms of
accepting and seeking wise counsel. For legal professionals who are heavily guided by their
faith, this scripture encompasses a greater moral obligation than Modle Rule 2.1. According to
this Proverb, it is wise to be teachable and humble enough to receive advice. Without humility, a
person cannot learn because it requires a person to admit that they do not know everything and
puts them in the position of a permanent learner. A wise person is someone who submits to the
knowledge of the wiser man as depicted in Proverbs 19:20.
Rule 2.4 Lawyer Serving as a Third-Party Mutual
(a) A lawyer serves as a third-party neutral when the lawyer assists two or more
persons who are not clients of the lawyer to reach a resolution of a dispute or other matter that
has arisen between them. Service as a third-party neutral may include service as an arbitrator,
a mediator or in such other capacity as will enable the lawyer to assist the parties to resolve the
matter.
(b) A lawyer serving as a third-party neutral shall inform unrepresented parties that
the lawyer is not representing them. When the lawyer knows or reasonably should know that a
party does not understand the lawyer's role in the matter, the lawyer shall explain the
difference between the lawyer's role as a third-party neutral and a lawyer's role as one who
represents a client.
Proverbs 31:8-9 (NIV) “Speak up for those who cannot speak for themselves, for the rights
of all who are destitute. Speak up and judge fairly; defend the rights of the poor and
needy.” 8
Model Rule 2.4 summarizes the responsibility lawyers have when serving as a third-party mutual
in resolving disputes between two parties who are non-clients of the lawyer. In this case the
8 Proverbs 31:8-9 (NIV).
lawyer acts as an arbitrator by facilitating resolutions. Proverb 31:8:9 reminds us that we should
“Speak up for those who cannot speak for themselves, for the rights of all who are destitute.
Speak up and judge fairly; defend the rights of the poor and needy.⁸ This scripture highlights the
duty of followers of Christ to advocate for fairness and defend the rights of the vulnerable. For
the Christian legal professional, serving as a third-party neutral consists of not only advocating
for one particular client but also ensuring there is fairness and justice within the arbitration
process and all other aspects of their practice. For the Christian legal professional, their duties to
ensure fairness and also advocate for those in need extend far beyond the legal scope and into
their personal and professional lives.
*Rule 4.1 Truthfulness in Statements to Others: Transactions With Persons Other Than
Clients
In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of
material fact or law to a third person; or (b) fail to disclose a material fact to a third person
when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless
disclosure is prohibited by Rule 1.6.
Deuteronomy 19:15-19 (NIV) “One witness is not enough to convict anyone accused of any
crime or offense they may have committed. A matter must be established by the testimony
of two or three witnesses.”[99]
There is often third parties involved in lawyer cases and they are ethically bound not to
intentionally deceive or withhold information unless instructed to do so following the guidelines
in ABA Rule 1.6. It is the purpose of this rule to prevent third parties from being unfairly treated
and prevent obstruction of justice. Third parties are often vulnerable to manipulation and
coercion due to lacking legal counsel in the matter. When lawyers interact with third parties, the
9 Deuteronomy 19:15-19 (NIV).
hold a considerable amount of influence this is why it is important to uphold superb ethical
conduct and act fair to all parties involved. Violating Model Rule 4.1 is equivalent to an act that
is condemned in the bible which is bearing false witness. In Deuteronomy, it states that “One
witness shall not rise against a man concerning any wrongdoing; by the mouth of two or three
witnesses, the matter shall be established.” There are consequences for a false witness both ⁹
legally and spiritually, which points to the gravity of the deception and why fairness is essential
in all legal proceedings. For a Christian legal professional, this verse plays a pivotal role in
following God’s command to act justly and truthfully. In terms of ethical responsibility, the
model rule and the Deuteronomy verse hold value in the ethical conduct of a Christian legal
professional.
Rule 6.1: Voluntary Pro Bono Publico Service
Every lawyer has a professional responsibility to provide legal services to those unable
to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services
per year. In fulfilling this responsibility, the lawyer should:
(a) provide a substantial majority of the (50) hours of legal services without fee or
expectation of fee to:
(1) persons of limited means or
11
(2) charitable, religious, civic, community, governmental and educational
organizations in matters that are designed primarily to address the needs of persons of limited
means; and
(b) provide any additional services through:
(1) delivery of legal services at no fee or substantially reduced fee to individuals,
groups or organizations seeking to secure or protect civil rights, civil liberties or public rights,
or charitable, religious, civic, community, governmental and educational organizations in
matters in furtherance of their organizational purposes, where the payment of standard legal
fees would significantly deplete the organization's economic resources or would be otherwise
inappropriate;
(2) delivery of legal services at a substantially reduced fee to persons of limited means;
or
(3) participation in activities for improving the law, the legal system or the legal
profession.
In addition, a lawyer should voluntarily contribute financial support to organizations
that provide legal services to persons of limited means.
1 Peter 4:10-11 (NIV) 10 Each of you should use whatever gift you have received to serve
others, as faithful stewards of God’s grace in its various forms. 11 If anyone speaks, they
should do so as one who speaks the very words of God. If anyone serves, they should do so
with the strength God provides, so that in all things God may be praised through Jesus
Christ. To him be the glory and the power forever and ever. Amen. 10
Model Rule 6.1 outlines the professional conduct of lawyers when engaging in pro bono cases.
There are several rules and requirements a lawyer should meet while offering these public
services including a minimum of fifty hours a year of free legal service. This charitable event all
lawyers are subject to acts as a means for all people to have access to legal services. Model Rule
6.1 and Peter 4:10 align in the sense that they both emphasize using the resources and abilities
you have to help serve others. Both serve as principles for helping those in need by sacrificing
your time and service for the betterment of an individual. This selfless act is the guiding
10 1 Peter 4:10-11 (NIV).
principle for all Christian legal professionals because it represents the biblical principle that we
should love and help each other,
Rule 7.1: Communications Concerning a Lawyer's Services
Information About Legal Services
A lawyer shall not make a false or misleading communication about the lawyer or the
lawyer's services. A communication is false or misleading if it contains a material
misrepresentation of fact or law or omits a fact necessary to make the statement considered as a
whole not materially misleading.
Proverbs 12:22 (NIV) “The Lord detests lying lips but he delights in people who are
trustworthy.”[1111]
Rule 7.1 acts as a regulation tool for what information lawyers may provide regarding their
services. This Model Rule prohibits lawyers from making false advertisements about themselves
and their services. Communication is considered misleading or false if it presents a
misrepresentation of a fact or law or simply omits important information. This Model Rule aligns
with the principles in Proverbs 12:22 which states “The Lord detests lying lips, but he delights in
people who are trustworthy.”¹¹ This verse highlights the importance of truthfulness and integrity.
For Christian legal professionals, adherence to this verse means maintaining honesty in and out
of the legal profession. For the Christian legal professional, Proverbs 12:22 represents a
fundamental component of their faith whch is to uphold honesty and integrity. Complying with
Model Rule 7.1 and adhering to Proverbs 12:22 the Christian legal professional contributes to
justice and righteousness in their community. The ethical responsibility of the Christian legal
profession extends beyond the legal field and this is why the duty is greater to Proverbs 12:22
than model rule 7.1.
11 1 Peter 4:10-11 (NIV).
