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Are You Ready to Roll With the Changes to Ethics Rules? The Growing Landscape of the Legal Profession Re-Regulations


Level: Intermediate
Runtime: 61 minutes
Recorded Date: August 17, 2020
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Agenda

  • Understanding What’s Driving the Re-Regulation Movement & Why - It’s “Not a Phase.”
  • Grasping How Rules of Professional Conduct & Other Regulations Are Evolving
  • Learning How to Stay Current, Comment on Proposed Changes, & Understand Their Implications For Your Practice

Runtime: 1 hour
Recorded: August 17, 2020
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

Twelve states are implementing or exploring legal service regulatory innovations, including previously unthinkable approaches. Two are close to eliminating Model Rule 5.4’s prohibition on nonlawyer ownership and management of firms. Other efforts could simplify Model Rules 7.1, 7.2, and 7.3 to ease how lawyers can ethically market their services by leveraging technology and authorizing paraprofessionals to directly deliver legal services, with or without lawyer supervision (Model Rule 5.3). A desire to let lawyers ethically use evolving technology and other business models to modernize and sustain their practices is one driver of change. So is the need to find new, publicly protective ways to tackle the access to legal services crisis and create a more robust service environment. With changes wrought by the Pandemic and an urgent need to address racial injustice, more courts will likely jump on the bandwagon.

Ellyn S. Rosen, ABA Regulation and Global Initiatives Counsel and Zack DeMeola, Director of Legal Education and the Legal Profession of the Institute for the Advancement of the American Legal System, will take attendees on a lively tour of these efforts.

This program was recorded on August 17th, 2020.

Provided By

American Bar Association
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Panelists

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Zachariah J. DeMeola

Director of Legal Education & the Legal Profession
IAALS, Institute for the Advancement of the American Legal Profession

As Director of Legal Education and the Legal Profession at IAALS, Zack DeMeola’s focus is on improving the delivery of legal services through a variety of projects that focus on the regulation of legal services, legal education, and the intersection of law and technology. DeMeola primarily manages the Unlocking Legal Regulation project, which is promoting a regulatory system better equipped to meet the needs of everyday people and to provide more sustainable practice for lawyers, and the Foundations for Practice project, which is identifying the foundations entry-level lawyers need to practice and steering legal education toward that end. DeMeola’s work includes national outreach and advocacy through facilitating collaboration among experts and stakeholders; presenting on IAALS findings and projects; conducting factual, legal, and empirical research and analysis; drafting project papers and articles; and contributing to the development and promotion of recommendations in these areas.

DeMeola joined IAALS in 2017 after having litigated in private practice for six years. He began his legal career in the Litigation & Dispute Resolution, Privacy, and Social Media law groups of Mayer Brown LLP in Los Angeles, where he also served on the summer associate committee. Prior to joining IAALS, DeMeola was an associate at Baker Hostetler LLP’s Denver office, where he focused his practice on data breach and privacy issues, class action litigation defense, and complex commercial matters. DeMeola was also dedicated to pro bono work in his legal practice, and twice received awards from Mayer Brown for meeting the law firm’s Pro Bono Challenge by billing well over 60 hours a year to pro bono services. His pro bono activities included working with the Alliance for Children’s Rights to represent families at adoption hearings in Los Angeles and working alongside the ACLU in Colorado to reach a favorable settlement on behalf of two women who were wrongfully arrested and prosecuted for crimes they did not commit. In 2015, Colorado Law Weekly recognized DeMeola as one of seven Colorado “up and coming lawyers.”

DeMeola graduated from William & Mary School of Law in 2010, where he received the George Wythe and Ewell Awards for leadership and service. DeMeola also obtained a master’s degree in American Studies from the College of William and Mary, and received his Bachelor of Arts from the University of Pennsylvania.

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Ellyn S. Rosen

Deputy Director ABA Center for Professional Responsibility
American Bar Association

Ellyn S. Rosen is the Regulation and Global Initiatives Counsel of the American Bar Association Center for Professional Responsibility. She advises the ABA Standing Committee on Professional Regulation (previously Professional Discipline), whose mission is to assist the judiciary and the bar in the development, coordination, and strengthening of professional regulation throughout the United States, including the assessment of the ramifications of global legal regulatory and practice developments.

Ms. Rosen was Counsel to the ABA Commission on Ethics 20/20 (2009-2013), which reviewed and recommended changes to the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in response to the challenges that globalization and advances in technology present to clients, lawyers, law firms, and the public. She advises the ABA Task Force on International Trade in Legal Services, which monitors the free trade agreement negotiations affecting legal services and provides input to the Office of the United States Trade Representative. She liaises with the Conference of Chief Justices, National Organization of Bar Counsel, National Council of Lawyer Disciplinary Boards, and the Association of Professional Responsibility Lawyers. She speaks frequently at international, state and local bar programs regarding ethics, the regulation of the legal profession, and professionalism.

Prior to joining the Center in 1996, Ms. Rosen was a senior litigation counsel with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. She serves on the Executive Committee and Board of Governors of the Chicago Council of Lawyers, is the Chair of the International Bar Association BIC Regulation Committee, and was a member of the International Bar Association Professional Ethics Committee (2009-2010). She co-chaired the Chicago Bar Association’s Young Lawyers Section Professional Responsibility Committee (1997-1999), and served as an investigator and interviewer for the Illinois Alliance of Bar Associations for Judicial Evaluations (2000-2013). The Alliance evaluates and rates candidates seeking judgeships in Illinois via appointment or election.

Ms. Rosen is a Fellow of the American Bar Foundation. In 1989, Ms. Rosen received her J.D. with honors from the Indiana University School of Law in Bloomington, Indiana.

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