(b) A lawyer may serve as a director, officer, or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.
Comment
[1] Changes in human affairs and imperfections in
human institutions make necessary constant efforts to maintain and improve
our legal system. This system should function in a manner that commands
public respect and fosters the use of legal remedies to achieve redress
of grievances. By reason of education and experience, lawyers are especially
qualified to recognize deficiencies in the legal system and to initiate
corrective measures therein. Thus, they should participate in proposing
and supporting legislation and programs to improve the system, without
regard to the general interests or desires of clients or former clients.
Rules of law are deficient if they are not just, understandable, and
responsive to the needs of society. If a lawyer believes that the existence
or absence of a rule of law, substantive or procedural, causes or contributes
to an unjust result, the lawyer should endeavor by lawful means to obtain
appropriate changes in the law. This rule expresses the policy underlying
Canon 8 of the previous Code of Professional Responsibility that “A
lawyer should assist in improving the legal system,” but it is
not intended that it be enforced through disciplinary process.
[2] Lawyers involved in organizations seeking law
reform generally do not have a client-lawyer relationship with the organization.
Otherwise, it might follow that a lawyer could not be involved in a
bar association law reform program that might indirectly affect a client.
See also Rule 1.2(b). For example, a lawyer specializing in antitrust
litigation might be regarded as disqualified from participating in drafting
revisions of rules governing that subject. In determining the nature
and scope of participation in such activities, a lawyer should be mindful
of obligations to clients under other Rules, particularly Rule 1.7.
A lawyer is professionally obligated to protect the integrity of the
program by making an appropriate disclosure within the organization
when the lawyer knows a private client might be materially benefited.
