Balancing Newly Divergent State, USPTO Ethics Rules

By Emil Ali and Michael McCabe (September 23, 2020, 4:15 PM EDT) -- The rules of ethics adopted by each state are often said to be based upon or modeled after the American Bar Association's Model Rules of Professional Conduct.

While the ABA model rules provide a template for states to consider when adopting their own ethics rules, the states frequently tweak or rewrite the ABA model rules to suit their own interests. 

Last month, a pair of jurisdictions did more than tweak their version of the model rules. The Arizona Supreme Court eliminated its version of ABA Model Rule 5.4 — which prohibits lawyers from sharing legal fees with nonlawyers — while also...

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