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In re Arkansas Bar Association Petition Proposing Amendments to Arkansas Rules of Professional Conduct

Supreme Court of Arkansas

June 26, 2014

IN RE ARKANSAS BAR ASSOCIATION PETITION PROPOSING AMENDMENTS TO THE ARKANSAS RULES OF PROFESSIONAL CONDUCT

PER CURIAM

The Arkansas Bar Association filed a petition with the court proposing to amend various rules of the Arkansas Rules of Professional Conduct. We published the proposed amendments for comment. In re Ark. Bar Ass'n Petition Proposing Amendments to the Ark. R. Prof'l Conduct, 2014 Ark. 162 (per curiam). We noted that the Bar Association reviewed changes that have been made to the American Bar Association Model Rules of Professional Conduct, upon which our rules are based, since our rules were adopted in 2005 to determine if any action was needed regarding our rules. Id.

The Bar Association recommended amendments to the following rules:

Rule 1.0: Revisions relating to e-mail and electronic communication. Rule 1.1: Addition of two comments on using lawyers outside the firm. Rule 1.4: Change from telephone calls to communications.
Rule 1.6: Addition of a provision permitting disclosure of information to detect and resolve conflicts of interests and a provision requiring reasonable efforts to prevent the inadvertent or unauthorized disclosure of confidentiality; three comments added.
Rule 1.8(c): Addition of "spouse, " which was inadvertently omitted in 2005.
Rule 1.17: Addition of cross-references.
Rule 1.18: Revisions to address the situation where a client communicates with a lawyer for the purpose of disqualifying the lawyer.
Rule 4.4: Revisions to cover electronically stored information.
Rule 5.3: Addition of two comments discussing the use of non-lawyers outside the firm, such as investigative services, document management companies, and printing and scanning services.
Rule 5.5: Minor changes.
Rule 7.1: Addition of comment relating to truthful statements in advertising.
Rule 7.2: Revisions relating to electronic communication and email.
Rule 7.3: Revisions for clarity relating to solicitation of clients and use of electronic ...

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