Ethics and ABA Model Rules
Hugh Jasz
Kaplan University

LS-102 Introduction to Law

In the field of law practice, who appears in the disciplinary line of fire the most – larger law firms or solo practitioners? Research supports both settings each come with their own specific challenges . This is a discussion of a portion of the ABA Model Rules of Professional Conduct, and how some may relate more toward independent lawyers or some more toward law firms.
A primary risk associated with solo practitioners is the lack of backup, or a “second set of eyes” (Heilman, 2012). In a larger law firm, there is a greater chance that potential mistakes may be “caught” by the additional personnel in the office. It is also felt that if there is only one person making all the decisions of daily management, there can be a loss of good judgment (Heilman, 2012). An additional primary concern is whether the attorney has adequate business training and financial backing needed to keep the practice afloat. If setting up shop means having to invest a large amount of money, huge debt may pile up and then when expenses pop up that are not prepared for (such as that needed for CLE courses, etc.), there may eventually be a downward spiral that cannot be overcome. If an attorney faces closing his or her business and there are cases pending or if there is a deficiency in client trust accounts, therein lies the potential for disciplinary sanctions (Heilman, 2012)
Model Rule 1.1 states that “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation” (American Bar Association, 2013). It is a violation of the Model Rules for Professional Conduct if a lawyer accepts a client without first acquiring the knowledge necessary to effectively and