The ABA’s efforts are centered on safeguarding the right to effective assistance of counsel, which is guaranteed by the U.S. Constitution. This right enables clients to receive competent legal advice from fully informed counsel, without fear that the information they share will be revealed to others.
The ABA’s advocacy has resulted in significant successes in recent years. For example, the association helped defeat the Enablers Act in 2022 and 2024, which would have required lawyers to disclose protected client information to the government. The ABA also played a key role in reversing the “persuader” rule adopted by the Labor Department, which would have required lawyers to report confidential client information to the government.
Protecting Attorney-Client Privilege
The ABA’s advocacy has also led to important changes in policies and regulations. In 2018, U.S. Customs and Border Protection adopted a new policy that substantially increased protections for privileged and confidential client information on lawyers’ electronic devices during border crossings. More recently, the ABA helped persuade the Federal Energy Regulatory Commission to withdraw its proposed “duty of candor” rule, which would have required lawyers to disclose confidential client information to the agency.
The ABA is currently working with the Treasury Department to persuade the Financial Action Task Force (FATF) to prepare a favorable mutual evaluation report on the United States’ efforts to combat money laundering. The FATF is a global standard-setting body that determines whether U.S. laws and regulations comply with its standards. In March 2026, ABA representatives met with FATF evaluators to explain recent efforts by the U.S. legal profession to combat money laundering, including the ABA’s adoption of amendments to its Model Rules of Professional Conduct.
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Advocacy Efforts
The ABA is also urging Congress to enact the Effective Assistance of Counsel in the Digital Era Act, which would protect the attorney-client privileged status of email communications between federally incarcerated people and their lawyers. Currently, emails between incarcerated people and their lawyers are not shielded by attorney-client privilege, because the Federal Bureau of Prisons requires incarcerated people to waive the privilege in order to access the digital network. The ABA is seeking a voluntary change to the BOP’s practice and is working with lawmakers to include report language in the fiscal year 2027 appropriations process reflecting congressional disapproval of the BOP’s waiver requirement.
The ABA’s advocacy efforts on this issue have been ongoing, with support for the bill’s passage being a featured issue at the annual ABA Day in Washington, D.C. fly-in event. They are taking all necessary steps to safeguard the confidentiality protections essential to the effective assistance of counsel and the fair administration of justice, including working with lawmakers and regulatory agencies to ensure that the rights of clients are protected.
The ABA is also focusing on the implementation of the 2023 amendments to Rule 1.16 of the ABA Model Rules of Professional Conduct. These amendments concern lawyers’ due diligence obligations and are part of the ABA’s efforts to combat money laundering.
Ongoing Advocacy
In addition to its work on the Effective Assistance of Counsel in the Digital Era Act, the ABA is monitoring other legislative efforts that may impact attorney-client relationships.