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The ABA Model Rules of Professional Conduct, created by the American Bar Association (ABA), are a set of rules that prescribe baseline standards of legal ethics and professional responsibility for lawyers in the United States. They were promulgated by the ABA House of Delegates upon the recommendation of the Kutak Commission in 1983. The rules are merely recommendations, or models, (hence the name "Model Rules") and are not themselves binding. However, having a common set of Model Rules facilitates a common discourse on legal ethics, and simplifies professional responsibility training as well as the day-to-day application of such rules. , 49 states and four territories have adopted the rules in whole or in part, of which the most recent to do so was the Commonwealth of the Northern Mariana Islands in March 2015. California is the only state that has not adopted the ABA Model Rules, while Puerto Rico is the only inhabited U.S. Territory that has not adopted them but instead has its own ''Código de Ética Profesional''. == State and territorial adoptions of the Rules == The American Bar Association is a private sector voluntary professional association. As such, it has no lawmaking power or regulatory authority, but it is just like any other nongovernmental bar association. Accordingly, the Model Rules are not legally binding on ABA members or within any particular jurisdiction. However, the Model Rules have been adopted, in whole or in part, and sometimes in variation, as the rules of professional conduct for attorneys in 49 states, the District of Columbia, and four of the five inhabited U.S. territories. The rules of professional conduct or professional responsibility adopted in a particular state ''are'' legally enforceable against the lawyers of that state as well as any lawyer practicing there on a ''pro hac vice'' basis. On December 17, 2008, New York announced that it would finally abandon the old ABA Model ''Code'' of Professional Responsibility (the last state to do so) and adopt a heavily modified version of the ABA Model ''Rules'', effective April 1, 2009.〔(Press Release: New Attorney Rules of Professional Conduct Announced ), Communications Office of the New York Courts, 17 December 2008.〕 New York's version of the Model Rules was created by adjusting the standard Model Rules to reflect indigenous New York rules that had been incorporated over the years into its version of the Model Code. Even though New York did not adopt the Model Rules verbatim, the advantage of adopting its overall structure is that it simplifies the professional responsibility training of New York lawyers, and makes it easier for out-of-state lawyers to conform their conduct to New York rules by simply comparing their home state's version of the Model Rules to New York's version. In June 2009, the Supreme Court of Maine approved the adoption of the Model Rules in that state, effective August 1, 2009.〔 http://www.mebaroverseers.org/attorney_regulation/maine_conduct_rules.html〕 Among the portions of the Model Rules that the Maine Rules of Professional Conduct do not include is Model Rule 1.8(j) (2002) categorically prohibiting sexual relations between lawyer and client.〔http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_bar_rules&id=88185&v=article〕 In March 2015, the Supreme Court of the Commonwealth of the Northern Mariana Islands adopted its current ''Rules of Attorney Discipline and Procedure,'' which incorporates the ABA Model Rules by reference and expands upon them by adding another 22 local rules of professional conduct. 〔http://www.cnmilaw.org/pdf/court_rules/R07.pdf Northern Mariana Islands Rules of Attorney Discipline and Procedure.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「American Bar Association Model Rules of Professional Conduct」の詳細全文を読む スポンサード リンク
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