What kind of rules fall under the "Should" category according to the ABA?

The "Should" category according to the American Bar Association (ABA) encompasses advisory and ethical considerations. These guidelines reflect the aspirational goals of legal practitioners and suggest best practices for ethical behavior without imposing the strict penalties that come with mandatory rules. They serve to guide attorneys in their professional conduct and decision-making, helping to promote the integrity and respect of the legal profession.

Advisory opinions and ethical considerations are intended to influence attorneys toward morally sound practices, recognizing that while they are not necessarily enforceable laws, adherence to them enhances the professionalism of legal practice. This distinguishes them from mandatory laws, which have clear consequences for non-compliance, and from performance benchmarks and regulatory requirements that may focus more on specific compliance metrics or standards. Understanding this distinction is essential for practicing attorneys as they navigate their ethical duties in various scenarios.