The Standing Committee on Client Protection (CCP) is circulating for comment a proposed new Model Rule that addresses the provision of pro bono legal services by out-of state lawyers in a jurisdiction that has been devastated by a catastrophic event. The proposed Model Rule also addresses the issue of lawyers whose practices have been disrupted by a catastrophic event continuing their law practices on a temporary basis in a jurisdiction in which they are not admitted to practice law.

The CCP is also circulating a proposed Model Court Rule that parallels proposed Model Rule 5.8. The CCP has received comment that the substance of proposed Rule 5.8 addresses an "admission" matter, not a matter of ethics, and the proposed rule should therefore take the form of a Court rule.

The Standing Committee on Pro Bono and Public Service is working with other entities in the Division for Legal Services department of the ABA on developing a collective response to this request. The Pro Bono Committee has signed-off on the attached memo which reflects its positions on a number of the important issues raised by the original draft. We encourage you to consider our views as you assess the Client Protection Committee's proposal.

The CCP is accepting comments on the substance of the proposed Model Rule5.8/Model Court Rule and on whether you believe this topic should be addressed in a Model Rule of Professional Conduct or in a Model Court Rule. The CCP plans to submit the proposed Model Rule to the ABA House of Delegates at the 2007 Midyear Meeting in Miami and requests that any comments be submitted to John Holtaway, Client Protection Counsel, jholtaway@staff.abanet.org, no later than Friday, November 3, 2006.

For more information as well as the text of both rules, please visit http://www.abanet.org/cpr/clientpro/5_6_memo.pdf.