(7)Many voluntary bar associations (city and county, women bars,minority bars, particular fields, etc.)iii)Lawyer disciplinary agencies(1)Often called bar counsel’s offices or disciplinary counsels(2)Bear responsibility for investigating and prosecuting misconduct thatviolates the state ethics codes(3)Possible sanctions include disbarment, suspension, and public orprivate reprimand(4)Usually run by the state’s highest court, by the state bar, or by both.iv)The American Bar Association(1)Private nonprofit membership organization founded in 1878(2)State bars are independent of, not subordinate to, the ABA(3)Model Rules of Professional Conduct(a)Rules have no legal force unless they are adopted by the relevantgovernmental authority, usually the state’s highest court.(b)How are they written and adopted?(i)Committee drafts a model rule or a set of revisions to theexisting rules.(ii)Model rule is debated and approved b the ABA as a wholethrough the House of Delegates(iii)Committees of state bars associations then review the rules,sometimes at the request of their state’s highest court. Thestate bar committee or the court may solicit comments frommembers of the bar and from the public(iv)Ultimately, the state’s highest court accepts, rejects, or amendsthe rule.(v)The court is under no duty to consider a rule just because it wasproposed by the ABA or analyzed by the state bar association,however, this is strongly influential.v)The American Law Institute(1)Private organization of 3,000 judges, lawyers, and law teachers thatproduce summaries of the law called Restatements.(2)Restatement (Third) of the Law Governing Lawyers(a)Summarizes the rules of law that govern lawyers(b)Includes rule governing malpractice liability to clients and thirdparties, rules governing disqualification of lawyers for conflicts of interest, and ethical rules for violation of which a lawyer may besubject to discipline.(c)Not the law but the best available synthesis of information about“lawyer law”(d)Restatement is not always consistent with the Model Rules.(i)Comments usually note the discrepancy and explain why theauthors of the Restatement take a different position.(ii)Often a lawyer will find that the text of the state’s ethical ruledoes not provide clear guidance on the specific problem thatthe lawyer is facing. The lawyer must seek additional guidancefrom sources such as the commentary in the Restatement.vi)Federal and state trial courts(1)Play important roles in the regulation of lawyers by setting rules for theconduct of lawyers in litigation, by sanctioning lawyers who violatethose rules, and by hearing and deciding motions to disqualify lawyerswho may have conflicts of interest that preclude their representation of particular clients.(2)Federal courts adopt their own standards for bar admission, and someadopt their own ethical rules.