House of Delegates
2000 Annual Meeting

The recommendation was revised and substituted to read as follows:

RESOLVED, That the American Bar Association urges the adoption by Congress and state and territorial legislatures of campaign finance reform legislation that strives to achieve the following goals: ensure full disclosure of all money raised and spent in federal, state, local and territorial election campaigns; promote full participation by all Americans in the electoral process; establish realistic limits on all hard money campaign contributions to eliminate corruption and the appearance of corruption in election campaigns and the legislative process; and provide adequate enforcement resources and authority-including the power to conduct random audits-and organizational structure, to federal, state, local and territorial campaign regulatory authorities, agencies; and adopt existing ABA policy opposing the solicitation and use of soft money contributions in federal election campaigns and supporting public financing of congressional and presidential campaigns.

The recommendation was revised to read as follows:

RESOLVED, That the American Bar Association shall should negotiate an ABA member discounted rate for members seeking to receive copyright licensing protection from the Copyright Clearance Center.

FURTHER RESOLVED, That the American Bar Association supports the enactment of federal legislation which would extend the so called "fair use" doctrine to the photocopying of published items by lawyers or their designees for the purpose of providing judges and/or local, state or federal courts or agencies with information referenced in briefs or memoranda of law submitted by them as a convenience or pursuant to requirements of local rules of practice.

The recommendation was revised to read as follows:

RESOLVED, That the American Bar Association urges the Congress not to enact legislation restricting or modifying the jurisdiction of federal courts, or modifying the remedies available therein, in cases involving military selection boards, as proposed by the Department of Defense in Title V, Subtitle F (Sections 551 to 554) of the proposed DOD Authorization Act for FY 2001, which was forwarded to the Congress on March 6, 2000, unless and until Congress has had an opportunity to hold hearings on the proposed legislation.

FURTHER RESOLVED, That in accordance with the goals of the American Bar Association to protect judicial independence and the rule of law, the Association urges rejection of the proposal in Section 554 of the proposed Act or any similar proposal which would apply such legislation retroactively to change the rule of decision for cases already pending in the courts of the United States.

The recommendation was revised to read as follows:

RESOLVED, That the American Bar Association adopts the following statement of principles: each jurisdiction is urged to revise its law governing lawyers to implement the following principles and preserve the core values of the legal profession:

1. It is in the public interest to preserve the core values of the legal profession, among which are:

a. the lawyer's duty of undivided loyalty to the client;

b. the lawyer's duty competently to exercise independent legal judgment for the benefit of the client;

c. the lawyer's duty to hold client confidences inviolate; and

d. the lawyer's duty of avoiding to avoid conflicts of interest with the client; and

e. the lawyer's duty to help maintain a single profession of law with responsibilities as a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice; and

f. The lawyer's duty to promote access to justice.

2. All lawyers are members of one profession subject in each jurisdiction to the law governing lawyers.

3. The Model Rules of Professional Conduct and other forms of the law governing lawyers were adopted was developed to protect the public interest by preserving and to preserve the core values of the legal profession, and the core values of the legal profession that are essential to the proper functioning of the American judicial justice system.

4. State and territorial bar associations and other entities charged with attorney discipline should reaffirm their commitment to enforcing vigorously their respective law governing lawyers. {Position changed}

5. Each jurisdiction should reevaluate and refine to the extent necessary the definition of the "practice of law." {Position changed}

6. Jurisdictions should retain and enforce laws that generally bar the practice of law by entities other than law firms. {Position changed}

7. Multidisciplinary practice in the form of permitting The sharing of legal fees with non-lawyers or permitting and the ownership and control of the practice of law by nonlawyers threatens are inconsistent with the core values of the legal profession.

5. The American Bar Association shall make no change to any of the Model Rules of Professional Conduct to permit lawyers to share legal fees with non-lawyers or to permit law firms directly or indirectly to transfer ownership or control to nonlawyers over entities practicing law.

8. The law governing lawyers, that prohibits lawyers from sharing legal fees with nonlawyers and from directly or indirectly transferring to nonlawyers ownership or control over entities practicing law, should not be revised.

6. Lawyers should be permitted to enter into interprofessional contractual arrangements with nonlegal professionals and nonlegal professional service firms for the purpose of offering legal and other professional services to the public, either on an ad hoc or on a systematic and continuing basis, provided no nonlawyer has any ownership or investment interest in, or managerial or supervisory right, power of position in connection with, the practice of law by any lawyer or law firm.

FURTHER RESOLVED, That the Standing Committee on Ethics and Professional Responsibility of the American Bar Association shall, in consultation with state, local and territorial bar associations and interested ABA sections, divisions, and committees undertake a review of the Model Rules of Professional Conduct ("MRPC") and make recommendations shall recommend to the House of Delegates such amendments to the MRPC as are necessary to assure that there are safeguards in the MRPC relating to strategic alliances and other contractual relationships with nonlegal professional service providers consistent with the statement of principles in this Recommendation. regarding the safeguards in the Model Rules of Professional Conduct required for strategic alliances and other contractual relationships with nonlegal professional service providers to be consistent with the above statements of principles, which safeguards, at a minimum, shall include the following: No nonlawyer may have any ownership or investment interest in, or managerial or supervisory right, power or position in connection with, the practice of law by any lawyer or law firm when lawyers and law firms enter into interprofessional contractual arrangements with nonlegal professionals and nonlegal professional service firms for the purpose of offering legal and other professional services to the public, either on an ad hoc or on a systematic and continuing basis.

FURTHER RESOLVED, That the American Bar Association recommends that:

1. in jurisdictions that permit lawyers and law firms to own and operate nonlegal businesses, no nonlawyer or nonlegal entity involved in the provision of such services should own or control the practice of law by a lawyer or law firm or otherwise be permitted to direct or regulate the professional judgment of the lawyer or law firm in rendering legal services to any person.

2. State bar associations and other entities charged with attorney discipline should reaffirm their commitment to enforcing vigorously their respective law governing lawyers.

3. Jurisdictions should retain and enforce laws that generally bar the practice of law by corporations and voluntary associations.

4. Each jurisdiction should reevaluate and refine to the extent necessary the definition of the "practice of law."

FURTHER RESOLVED, That the Commission on Multidisciplinary Practice be discharged with the Association's gratitude for the Commission's hard work and with commendation for its efforts substantial contributions to the profession.