Lawyer Ethics Canons: From the 1908 Canons to the Model Rules

Three generations of lawyer ethics codes

On August 27, 1908, the Association adopted the original Canons of Professional Ethics.

ABA, Preface to the Model Rules of Professional Conduct

• 1908: Canons of Professional Ethics. Short statements of a lawyer’s duties to courts, clients and the profession.
• 1969: Model Code of Professional Responsibility. Adopted on Aug. 12, 1969, and organized around broad canons, with ethical considerations and disciplinary rules under each.
• 1983: Model Rules of Professional Conduct. Adopted on Aug. 2, 1983, these replaced the canon format with numbered rules and comments.

Why the old canons still matter

Courts and ethics opinions still cite the older canons when they explain where a rule came from. In addition, the vocabulary survives. For example, “canon” still names the top-level rules in judicial codes, and many ethics discussions still use phrases such as the duty of candor and the duty of loyalty.

How lawyer ethics rules are enforced

The ABA writes model rules, but it does not license lawyers. Instead, each state’s highest court adopts its own rules of professional conduct, usually based on the Model Rules, and the state bar or a disciplinary agency enforces them. As a result, the same conduct can be treated differently from state to state, so always check the rules in your state.

Researching lawyer ethics canons in your state

First, find the statute or rule that governs lawyer ethics canons where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• americanbar.org

Related reading on Lawtopolis:

• Judicial Canons: The Codes of Conduct Judges Follow
• Canons of Construction: How Courts Interpret Statutes
• Attorneys as Officers of the Court, "Wards of the Court" and the Organic Laws