Article Abstract:
The ABA's Standing Committee on Ethics and Professional Responsibility has finished a draft proposal for an amended Model Rule of Professional Conduct 3.6, begun after the US Supreme Court's ruling in Gentile v. State Bar. The proposed rule retains the old rule's general ban on out-of-court statements which might be prejudicial, but eliminates its enumerated exceptions, held by the Gentile court to be too vague. The ABA's Criminal Justice Section is unhappy with the shifting of 'safe harbor' exceptions from the rule text itself to the commentary.
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Article Abstract:
The National Labor Relations Board (NLRB) will soon rule on the legality of labor-management committees. The issue is whether such committees constitute a 'labor organization,' an entity unlawfully dominated by management, under the National Labor Relations Act of 1935. Labor unions view such committees as management efforts to increase control, tie jobs to profitability and jeopardize the unions' existence. To employers they are a way to communicate with workers.
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Article Abstract:
The ABA Standing Committee on Ethics and Professional Responsibility has recommended amending Model Rule of Professional Conduct 8.5 on which jurisdiction has the authority to discipline attorneys who are admitted to the bars of more than one jurisdiction. The amendment would in nonlitigation matters limit such authority to the jurisdiction where the attorney practices the most, except when the conduct in question has more of an effect on another jurisdiction.
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