In this CLE program two experienced practitioners will discuss the scope and application of Model Rules 1.16 and 8.4(d). They will discuss the recent amendment to Rule 1.16 that either imposes entirely new duties on lawyers to monitor how their clients use their services or simply codifies a duty that already existed.

Opponents take the position that it is a substantial change made by the ABA in the face of pressure from the Department of Treasury, Congress, and the Financial Action Task Force and will infringe on attorney-client confidentiality, while the proponents assert that in the absence of this change lawyers would come to be regulated like bankers under the Enablers Act.

This presentation will be a discussion regarding the prior version of the rule, the amendment, including the change to the comments, as well as the current Illinois Rule of Professional Conduct. With respect to Model Rule 8.4(d), which makes it professional misconduct to “engage in conduct that is prejudicial to the administration of justice” they will discuss the history and application of the Rule, including the scope of zealous advocacy and specific examples of from courts across the country.