Drake University

FOR IMMEDIATE RELEASE
October 15, 1999

CONTACT: Chris Friesleben, (515) 271-2833

LAW PROFESSOR TO TALK ABOUT WHY NEW ETHICS
RULES FOR LAWYERS SHOULD BE ADOPTED

Failure to adopt a new set of lawyers' rules for professional conduct would leave Iowa in the precarious position of being one of only a handful of states clinging to the old code, according to a Drake law professor, who will address the issue in a lecture Monday, Oct. 25, at 4 p.m. at Drake Law School. The lecture, which is free and open to the public, will take place in room 213 of Cartwright Hall, 27th Street and Carpenter Avenue.

Gregory Sisk, Richard M. and Anita Calkins distinguished professor of law, thinks Iowa should replace the current Code of Professional Responsibility with the Model Rules of Professional Conduct, which lately has gained the support of a number of states.

"If Iowa stubbornly clings to a code that has been superseded in the nation at large, Iowa lawyers will lose the opportunity to fully share in the experiences and ethical advancements of the profession and to benefit from the constant reevaluation and evolution of ethical standards," said Sisk.

The Iowa Supreme Court is considering the change and has asked members of the bar and bench to provide input. The code was ratified by the American Bar Association in 1969 and the model rules in 1983. Since then, state supreme courts and bar associations have had to choose between the two competing models to regulate the conduct of attorneys.

Sisk admits that he prefers the older code, but acknowledges the model rules address situations - such as the various scenarios for conflict of interests - that the code couldn't have anticipated when it was first drafted. To date, 39 states have adopted the model rules; four others are considering it, indicating that the older code may be on its last legs. It's time to join the crowd, urges Sisk.

"If Iowa does not join the rest of the country in adopting the model rules, its lawyers may find themselves held to contradictory professional standards if they practice in both federal and state courts or if they are involved in a multistate practice."


Following the lecture, which will include a PowerPoint presentation, members of the audience will have the opportunity to make comments or ask questions.

An application is pending that will allow one hour continuing legal education credit to attorneys attending the lecture. For more information about the lecture, call (515) 271-3985.

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