Thank you for sharing!

Your article was successfully shared with the contacts you provided.
San Francisco-In a flurry of voting at the end of its annual meeting, the American Bar Association (ABA) recommended allowing in-house lawyers to report fraud up the chain of command at their companies. Delegates also urged that civilian lawyers be allowed to defend vigorously prisoners held at Guantanamo Bay and opposed laws, like one on the California ballot, that would forbid the government from collecting racial data. The vote on in-house lawyers came one day after the ABA narrowly approved changes to its model professional conduct rules allowing lawyers to breach the attorney-client privilege if their advice has been used to commit crime. The rules were drawn up after Enron, WorldCom and other corporate scandals shook financial markets. “We’re talking about employees who lost their jobs and in some cases their pensions,” ABA President-elect Dennis Archer said. “This is in the best interests of our profession. It is in the best interests of the country.” This rule change passed by a 17-vote margin, 218-201. The vote to allow in-house lawyers to report crime up the corporate ladder was also close, but the other resolutions passed with ease The resolution to oppose any law that prohibits the collection of racially identifiable information was proposed by the Bar Association of San Francisco. It was prompted by Proposition 54, dubbed by supporters as the Racial Privacy Initiative, which will be on the state’s Oct. 7 ballot. “It is something that sets the civil rights movement back 50 years,” said Mark Schickman, a partner in the San Francisco office of Seattle-based Perkins Coie who presented the proposal to the ABA’s House of Delegates. Schickman said Proposition 54 would have disastrous consequences on civil rights and employment litigation, frustrate efforts to combat racial profiling by law enforcement and hamper medical research. If passed, he warned, the state’s Department of Fair Employment and Housing “will be out of business in 10 years.” Also under consideration were two resolutions dealing with military justice. The resolution urging changes in the Bush administration’s military tribunal rules for prisoners held at Guantanamo Bay passed easily. It asks the administration not to monitor privileged conversations between accused terrorists and their civilian lawyers and to allow lawyers to be present during all phases of the proceedings. A resolution opposing war crimes charges being brought against soldiers in foreign courts under the concept of “universal jurisdiction” did not fare as well. With about half the delegates having already left the meeting, a motion to postpone the resolution indefinitely passed, 114-105.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.