Public Service
The Sixth Rule of the American Bar Association’s (ABA) Model Rules of Professional Conduct, supports the Sixth Amendment to the United States Constitution, whereby the accused are guaranteed the right to counsel; this right is additionally supported through the due process of the Fourteenth Amendment, (Lewinbuk, K., p. 87). The purpose of the rules surrounding pro bono work is an individually mandated contribution to the betterment of society through jurisprudence. The Model Rules of Professional Conduct strongly suggest that a lawyer offer his time, skills, knowledge, and experience back into the legal system.
Rules 6.1 & 6.2
Rules 6.1 & 6.2 denote a lawyer’s obligation to assist those who cannot afford legal counsel; both to ensure the preservation of a citizen’s individual rights, and to contribute to the continuation of the legal system itself; these rules also support the American right for those qualified to in forma pauperis, (Lewinbuk, K., pp. 88, 89). Biblical principles that support volunteering time can be witnessed in Matthew; whereby Jesus decrees that we sell excess materials and donate to the poor, for our treasure exists in heaven, (Matthew 19:21). The attorney must serve the public with his time by the implementation of pro bono work; although not required, the ABA suggests 50 hours of pro bono work is conducted annually. Rule 6.2 indicates the obligation to accept appointments by a tribunal; the MRPC’s predecessor, the Model Code of Professional Responsibility also recognized an attorney’s duty to take on pro bono work, (Lewinbuk, K., pp. 88, 89).
Rules 6.3, 6.4, and 6.5
Rules 6.3, 6.4, and 6.5 describe the lawyer’s duty to hold representation in organizations, law reform activities, and nonprofit court-annexed legal services, (ABA, pp. 144, 145). Despite these obligations of public investment, no client-attorney privilege is formed through an attorney’s affiliation with any organization, per comment [1], (ABA, p. 145). In Acts, we are reminded to partake in the betterment of society by helping the weak, (Acts 20:35).
Rules 1.1, 1.2, 1.3, and 1.4
Reinforcing the importance of client-attorney confidentiality; the lawyer can serve the public with his knowledge should he be an expert in a particular field. The attorney should conversely alert his client should he be asked to operate in a field where he is not knowledgeable. In Luke, attorneys are warned; despite their investment in His Kingdom achieved through pro bono work, we must not neglect justice nor forget the love of God, (Luke 11:42).
Rule 1.14
Per Rule 1.14, any client with diminished capacity is decreed a unanimous dignity by the ABA, writing, “[t]he fact that a client suffers a disability does not diminish the lawyer’s obligation to treat the client with attention and respect,” (ABA, p. 75). All should be treated with respect, no matter their affliction; as all bear the image of Christ, (Genesis 1:27, Ephesians 2:10).
Rule 1.18
Rule 1.18 defines the attorney’s duty to any prospective client; paragraph (d) discloses the lawyer’s responsibility to inform the client should disqualifying information be received per paragraph (c). It would be counterproductive for an attorney to give his time if an attorney is not an expert in the matter; or should a conflict of interest arise, citing “good cause,” (ABA, p. 87). Rule 6.3 notes that any action incompatible with Rule 1.7 can also void participation.
Legal morality remains collectively learned through the generational inheritance of love, “[f]or our God is a consuming fire,” (Hebrews, 12:29; ESV). Scripture encourages attorneys to exceed the MRPC’s obligations, extending jurisprudence beyond malum prohibitum, implementing objective eternal truths; ethical principles; generational morality; and striving to uphold consistently impartial justice, (Luke 10:29-37).
Bibliography
ABA. (2023). Model Rules of Professional Conduct, 2023 Edition. American Bar Association Center for Professional Responsibility. Kindle Edition.
Acts 20:35
Ephesians 2:10
ESV. Hebrews, 12:29
Genesis 1:27
Lewinbuk, K.P. (2019). Connecting Ethics and Practice: A Lawyer's Guide to Professional Responsibility (Aspen Coursebook Series). Wolters Kluwer. Kindle Edition.
Luke 10:29-37
Luke 11:42
Matthew 19:21