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职业行为准则

Rule 6.5: Nonprofit and Court-Annexed Limited Legal Services Programs

 (a)澳门赌场官网, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited 法律服务 to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:
      (1)受规则1的约束.7 and 1.9 only if the lawyer knows that the representation of the client involves a conflict of interest; and
      (2)受规则1的约束.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.关于这件事.
   (b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this rule.

Comment

   [1]法律服务机构, courts, and various nonprofit organizations have established programs through which lawyers provide short-term limited 法律服务, 例如建议或法律表格的填写, that will assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics or pro se 咨询项目, 客户-澳门赌场官网关系建立, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation. Such programs are normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 1.7, 1.9 and 1.10. 就本规则而言, short-term limited 法律服务 normally do not include appearing before a tribunal on behalf of a client.

   [2] A lawyer who provides short-term limited 法律服务 pursuant to this rule must secure the client’s informed consent to the limited scope of the representation. See Rule 1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this rule, the 职业行为准则, including Rule 1.6、均适用于有限代理.
   [3] Because a lawyer who is representing a client in the circumstances addressed by this rule ordinarily is not able to check systematically for conflicts of interest, (a)款要求遵守规则1.7 or 1.9 only if the lawyer knows that the representation presents a conflict of interest for the lawyer, 根据规则1.10 only if the lawyer knows that another lawyer in the lawyer’s firm is disqualified by Rules 1.7 or 1.在这件事上.
   [4] Because the limited nature of the services significantly reduces the risk of conflicts
of interest with other matters being handled by the lawyer’s firm, (b)款规定,规则1.10 is inapplicable to a representation governed by this rule except as provided by paragraph (a)(2). Paragraph (a)(2) requires the participating lawyer to comply with Rule 1.10 when the lawyer knows that the lawyer’s firm is disqualified by Rules 1.7 or 1.9. 根据(b)段, however, a lawyer’s participation in a short-term limited 法律服务 program will not preclude the lawyer’s firm from undertaking or continuing the representation of a client with interests adverse to a client being represented under the program’s auspices. Nor will the personal disqualification of a lawyer participating in the program be imputed to other lawyers participating in the program.
   [5] If, after commencing a short-term limited representation in accordance with this rule, a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 1.7, 1.9 and 1.10变得适用.
   [6] This rule serves the public interest by making it easier for lawyers affiliated with firms to provide pro bono 法律服务. Rule 1.10(e) contains a similarly-motivated exception from imputation for attorneys who, 当与公司有关联时, assist the District of Columbia Attorney General with certain matters.

 

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