This CLE course will focus on the application and scope of Model Rules 1.16 and 8.4(d). Presented by two experienced practitioners, the course will address the recent amendment to Rule 1.16 and whether it merely codifies a duty that already existed or imposes completely new duties on attorneys in order to monitor how their clients utilize their services.

Those opposed maintain that the amendment is a substantial change made by the ABA under pressure from the Department of Treasury, Congress, and the Financial Action Task Force. Furthermore, they believe the amendment is an infringement on attorney-client confidentiality. Those in favor of the amendment believe that in the absence of this change lawyers would be regulated like bankers under the Enablers Act.

The course will present the initial version of the rule, the amendment including modifications to the comments, and the current Illinois Rule of Professional Conduct. Presenters will also discuss the history and application of Model Rule 8.4(d), which makes it professional misconduct to “engage in conduct that is prejudicial to the administration of justice” The scope of zealous advocacy with regards to the rule as well as specific examples from courts across the country will be presented.