Law Practice
Aug. 14, 2010
Principles or Rules: What Is the Best Approach to Regulation?
To clarify the process used to draft the new Rules of Professional Conduct, read the conclusion to a review of two rule-making approaches, by Robert L. Kehr of Kehr, Schiff & Crane.
The first part of this article described the American Bar Association's Model Rules as often expressing general statements of principle that the California's Rules Revision Commission rejected in favor of a narrower rule-based approach. It used the rule on competence as an example of this difference between principle-based and rule-based drafting.
The rule on prohibited fees is another instance in wh...
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