Are the Model Rules Unconstitutional?

Authors

Monroe H. Freedman, Maurice A. Deane School of Law at Hofstra UniversityFollow

Document Type

Article

Publication Title

University of Miami Law Review

Publication Date

7-1981

Abstract

In this article, Professor Freedman condemns the provisions of the proposed Model Rules of Professional Conduct that would require a lawyer to reveal his client's perjury to a court. Viewing these provisions as an assault on the lawyer-client privilege and the adversary system, which are protected by the fifth and sixth amendments to the United States Constitution, Professor Freedman offers the American Lawyer's Code of Conduct, for which he served as the Reporter, as an alternative. Professor Freedman views the American Lawyer's Code as the preferable alternative to the present ABA Model Code of Professional Responsibility because the American Lawyer's Code preserves "the adversary system and with it the fundamental rights of all Americans."

Recommended Citation

Monroe H. Freedman, Are the Model Rules Unconstitutional?, 35 U. Miami L. Rev. 685 (1981)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/736