Abstract
I. Introduction: The Growing "Model Rules" Crowd and the Shrinking "Code" Fraternity During the past fifteen years, state supreme courts and bar associations have had to choose between two competing models for regulating the conduct of attorneys- the Model Rules of Professional Conduct originally proposed in 1983 (Model Rules) 1 and the Model Code of Professional Responsibility originally proposed in 1969 (Model Code or Code) 2 -both of which had been drafted and ratified by the American Bar Association (ABA) for adoption by the states. When the Model Rules were initially promulgated by the ABA in 1983 to replace the earlier Model Code, a tide of states quickly shifted to the new regime. 3 But the pace of adoption soon slowed, as the supposedly superseded Model Code proved surprisingly resilient with a strong core of states continuing to adhere to it. 4 Recently, however, the trend toward the Model Rules among these remaining states has again accelerated, indicating that the Model Code may be on its last legs as a viable ethical regime. As of January 1, 1998, the State of Massachusetts, 5 one of the remaining holdouts, joined the substantial majority of states in adopting the basic framework of the Model Rules 6 to govern the behavior of lawyers. The States of Tennessee, 7 Vermont, 8 and Virginia 9 appear to be on the verge of taking this step as well. The State of Georgia is also making purposeful movements in this direction. 10 Assuming these four ...