[co-author: Stephanie K. Benecchi]

Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations while promoting the highest level of professionalism.

The History of “Zealous Representation” in the Model Rules -

The American Bar Association (ABA) Model Rules of Professional Conduct do not impose a duty of “zealous representation.” They never have. Even before the ABA adopted the Model Rules in 1983, no such duty existed in the predecessor rules, the Disciplinary Rules under the Model Code of Professional Responsibility (CPR). While “zealous representation” was mentioned in Canon 7 and Ethical Consideration 7-1 of the CPR, these provisions were merely “aspirational”; they were neither mandatory nor a basis for professional discipline.

Originally published by the American Bar Association on May 26, 2021.