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In Support of the National Client Protection Organization’s Standards For Evaluating Lawyers Funds For Client Protection

Resolution 2: In Support of the National Client Protection Organization's Standards For Evaluating Lawyers Funds For Client Protection

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WHEREAS, professionalism is a fundamental obligation of lawyers; and

WHEREAS, client protection measures serve as a centerpiece of professionalism; and 

WHEREAS, state supreme courts have established rules governing the practice of law and the profession; and

WHEREAS, state supreme courts have established high standards of conduct for members of the legal profession and disciplinary sanctions for those who breach those standards, nevertheless, there are lawyers who engage in conduct damaging to their clients and to the profession as a whole; and

WHEREAS, the lawyers who breach these standards by misappropriating money from their clients harm the public and the profession and damage the image of the majority of lawyers who are ethical, honest professionals; and

WHEREAS, Lawyers Funds for Client Protection have been established in every United States jurisdiction for the purpose of improving the image of the profession by compensating clients for financial losses resulting from their lawyer's dishonesty; and

WHEREAS, the National Client Protection Organization has adopted standards for evaluating Lawyers Funds for Client Protection; these standards address the four major building blocks of successful client protection funds: structure, funding, accessibility, and responsiveness; the standards are meant to complement the ABA Model Rules of Professional Responsibility by establishing aspirational criteria by which jurisdictions can evaluate the performance of their respective programs; and

WHEREAS, the Conference of Chief Justices has historically been committed to the development of professional standards that not only protect the public but also improve the image of the profession;

NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices encourages its members to adopt the National Client Protection Organization's Standards for Evaluating Lawyers Funds for Client Protection and to amend their client protection rules in accordance with the NCPO standards.

 

Adopted as proposed by the CCJ Professionalism and Competence of the Bar Committee at the 2013 Annual Meeting on July 31, 2013.