Rule 6.4.Law Reform Activities Affecting Client Interests
A lawyer may serve as a director, officer or member of an
organization involved in reform of the law or its administration
notwithstanding that the reform may affect the interests of a client of
the lawyer. When the lawyer knows or reasonably should know that the
interests of a client may be materially benefitted by a decision in
which the lawyer participates, the lawyer shall disclose that fact to
the organization but need not identify the client.
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ANNOTATIONSCOMMENT
Lawyers involved in organizations seeking law reform generally do
not have a client-lawyer relationship with the organization. Otherwise,
it might follow that a lawyer could not be involved in a bar association
law reform program that might indirectly affect a client. See also Rule
1.2(b). For example, a lawyer specializing in antitrust litigation
might be regarded as disqualified from participating in drafting
revisions of rules governing that subject. In determining the nature
and scope of participation in such activities, a lawyer should be
mindful of obligations to clients under other Rules, particularly Rule
1.7. A lawyer is professionally obligated to protect the integrity of
the program by making an appropriate disclosure within the organization
when the lawyer knows or reasonably should know that a private client
might be materially benefitted.
COMMITTEE COMMENT
In addition to the principles contained in Ethical Consideration
2-33 and DR 5-101(A), this Rule draws on the principles contained in DR
8-101.
ANNOTATION
Annotator's note.
Rule 6.4 is similar to
DR 5-101 and DR 8-101 as they
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing
DR 5-101 have been included under Rule 1.7 and cases construing DR 8-101 have
been included under Rule 3.5.
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