Comments of Prof. George M. Cohen, University of Virginia School of Law Discussion Draft of Possible Amendments to Model Rules of Professional Conduct: Lawyers' Client Due Diligence Obligations

The proposals by the ABA Standing Committee on Ethics and Professional Responsibility and the ABA Standing Committee on Professional Regulation to amend to the Model Rules of Professional Conduct to address client due diligence obligations, if adopted, would take important, though incomplete, steps toward addressing several long-standing problems with the Model Rules. Although the immediate motivation for the proposals concerns lawyer involvement in money-laundering activities, the proposed changes are not limited to those activities, but have broader implications. I support the general thrust of the proposed changes but believe they should be strengthened and clarified to address some of these broader issues.