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受修订规则实质影响的道德意见(2007年1月2日起生效)
由2007年2月1日起生效.C. 上诉法院修订了《im体育苹果》和《im体育苹果ios》阅读该意见. 在下面的表格中, 委员会确定了下列意见, in its judgment, 受经修订的规则的实质影响:
| 受修订规则实质影响的意见(2007年1月2日起生效) | |
|---|---|
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Opinion
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Relevant Changes
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| Opinion 211: Fee Agreements; Mandatory Arbitration Clauses | D.C. Rule 1.8(g)(2) has been revised to clarify the conditions under which a lawyer may settle a claim or potential claim for malpractice. Comment [13] now explains that the Rule does not prohibit lawyers from entering into an agreement with the client for mandatory arbitration of legal malpractice claims, 而且在这样的协议被允许之前，没有要求客户有单独的im体育苹果. |
| Opinion 212: Representation by Law Firm Adverse to Former Client in a Substantially Related Matter After Lawyers Who Represented Former Client Have Left the Law Firm | D.C. Rule 1.10(c) now permits a law firm to represent a person with interests directly adverse to those of a client represented by a lawyer who formerly was associated with the firm, 只要剩下的im体育苹果都没有被D保护的信息.C. Rule 1.那对这件事很重要. |
| Opinion 217: Multiple Representation; Intermediation | D.C. Rule 2.2已被淘汰, 关于中介和公共表示的讨论已经转移到D的注释[14]到[18].C. Rule 1.7. |
| Opinion 218聘请协议规定对费用纠纷进行强制仲裁不违反职业道德 | Comment [1] to D.C. Rule 1.8 now explains that the requirements of paragraph (a) do not apply to ordinary fee arrangements between client and lawyer, 都是由D控制的.C. Rule 1.5. 此外，注释[13]到D.C. Rule 1.故选D.C. Rule 1.通常允许im体育苹果签订协议来仲裁任何法律上的医疗事故索赔. |
| Opinion 219:道德义务冲突 | D.C. Rule 1.6(d) now permits a lawyer whose services were used to further a crime or fraud to reveal client confidences and secrets under certain circumstances to prevent the crime or fraud or to mitigate the harm caused by a client’s crime or fraud. 因为im体育苹果现在可以根据D.C. Rule 1.6、D项下的披露义务.C. Rules 4.1(b) and 3.3(d) -两者均明确受d项下之义务约束.C. Rule 1.6 -现在可能更广泛. |
| Opinion 232:多个客户/刑事事务 | D.C. Rule 1.7(c) has been revised to require that each potentially affected client provide informed consent to a representation otherwise prohibited under paragraph (b) and that the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client. |
| Opinion 238:书面收费协议 | D.C. Rule 1.5(b) has been revised to require that a written fee agreement describe not only the basis or rate of the fee but also the scope of the lawyer’s representation and the expenses for which the client will be responsible. |
| Opinion 243:离婚案件中的联合代理 | D.C. Rule 2.2已被淘汰, 关于中介和公共表示的讨论已经转移到D的注释[14]到[18].C. Rule 1.7. |
| Opinion 253:im体育苹果事务所与保险公司之间的介绍费安排 | D.C. Rule 7.1(b)(5)被消去了. As a result, 部分意见不再适用——具体地说, D中禁止与非im体育苹果分摊费用的关系探讨.C. Rule 5.4、D中的条款.C. Rule 7.允许im体育苹果在某些条件下向中介人支付转介费的1(b)(5)项. |
| Opinion 264: Refunds of Special Retainers; Commingling of Such Funds with the General Funds of the Law Firm Upon Receipt | D.C. Rule 1.15(d)自本意见发表以来已作了重大修订. 特别是,D.C. Rule 1.15(d)现规定预付的非应得费用和未发生的费用应视为财产 of the client. 该意见的相反决定是基于D.C. Rule 1.15(d).[1]
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| Opinion 273: im体育苹果从一家私人im体育苹果事务所跳槽到另一家的道德考量 | D.C. Rule 1.10(c) now permits a firm to represent persons with interests materially adverse to those of a former client in matters which are the same as or substantially related to those in which a formerly associated lawyer represented the client while at the firm where none of the remaining lawyers has any information protected by D.C. Rule 1.那对这件事很重要. 该意见的相反结论是基于D的先前版本.C. Rule 1.10(c). |
| Opinion 275: Receipt of Confidential Information Bars Subsequent Representation of Another Client in the Same or a Substantially Related Matter Unless Screen Can Be Erected | D.C. Rule 1.第10(a)条中不再包含im体育苹果事务所可能被取消资格的潜在客户例外情况. 该异常现在包含在一个新规则D中.C. Rule 1.18(d). |
| Opinion 279:可用筛选作为归因不合格的补救措施 | D.C. Rule 1.第10(a)条中不再包含可能的客户例外情况. 该异常现在包含在一个新规则D中.C. Rule 1.18(d). |
| Opinion 286:或有转诊费 | D.C. Rule 7.1(b)(5)被消去了. The opinion’s discussion of how the Rule marked a departure from prior ethics law and authorized certain payments to others for the referral of legal business is no longer applicable. |
| Opinion 294: 退休im体育苹果出售im体育苹果事务所 | D.C. Rule 1.17是一个新的管理销售的法律实践. This rule (together with Comment [10]) authorizes the sale of a law practice so long as the sale is not financed by increases in fees charged to the transferred clients and existing arrangements between the transferring lawyer and the client as to fees and the scope of the work are honored by the purchasing lawyer. |
| Opinion 296: 联合声明:信息的机密性 | D.C. Rule 2.2已被删除，注释[14]-[18]到D.C. Rule 1.增加7项是为了处理共同表示的特殊考虑. Moreover, D.C. Rule 1.6(d) now permits a lawyer whose services were used to further a crime or fraud to reveal client confidences and secrets under certain circumstances to prevent the crime or fraud or to mitigate the harm caused by a client’s crime or fraud. |
| Opinion 299: 对已停止运营的公司客户的保密义务 | D.C. Rule 1.6(d) now permits a lawyer whose services were used to further a crime or fraud to reveal client confidences and secrets under certain circumstances to prevent the crime or fraud or to mitigate the harm caused by a client’s crime or fraud. |
| Opinion 302:为集体诉讼招揽原告或通过互联网网页获取法律工作 | D.C. Rule 7.1(b)(5)被消去了. As a result, 部分意见不再适用——具体地说 the discussion about the steps that a lawyer must take when paying fees to participate in a web-based bidding service to satisfy the conditions of D.C. Rule 7.1(b)(5). |
| Opinion 306:从事法律工作，同时销售保险 | D.C. Rule 5.7 is new. It provides that a lawyer shall be subject to the 职业行为规则 in the provision of services that might reasonably be performed in conjunction with and are related to the provision of law services. 这个观点与D保持一致.C. Rule 5.但它只依赖于注释[25](现在重新编号[36])到D.C. Rule 1.结论:只要im体育苹果充分披露，他就可以向客户销售保险产品, obtains consent, 并得出结论，他或她代表客户的专业判断不会受到不利影响. |
| Opinion 307: 参加需要支付一定比例费用的政府项目 | D.C. Rule 7.1(b)(5)被消去了. As a result, 部分意见不再适用——具体地说, the discussion about the steps that a lawyer must take when paying to participate in a government-run schedule program for legal services to satisfy the conditions of D.C. Rule 7.1(b)(5). |
| Opinion 311: 非司法程序中职业行为的法律选择规则 | D.C. Rule 8.5(b)(1) now applies more broadly to conduct in connection with a “matter pending before a tribunal” rather than only in connection with a “proceeding in a court before which a lawyer has been admitted to practice.” |
| Opinion 329: 非营利性组织费用安排与im体育苹果，它涉及的问题 | D.C. Rule 5.第4(a)(5)条规定im体育苹果可以与受雇的非营利组织分担法律费用, retained, or recommended employment of the lawyer in the matter and that qualifies as tax exempt under section 501(c)(3) of the Internal Revenue Code. The opinion’s requirement that reimbursements be permitted only to recoup the nonprofit’s out-of pocket expenses and not to provide some portion of the fees collected is no longer necessary given that D.C. Rule 5.4(a)(5)现明确授权在上述情况下分担法律费用. |
[1]在1996年发表264号意见时，D.C. Rule 1.15(d)但“[a]im体育苹果费预支款在收到后即成为im体育苹果的财产. Any unearned amount of prepaid fees must be returned to the client at the termination of the lawyer’s services in accordance with Rule 1.16(d).” The D.C. 上诉法院修正D.C. Rule 1.15(d), 1月1日起, 2000, to clarify that, “[a]dvances of unearned fees and unincurred costs shall be treated as property of the client pursuant to paragraph (a) until earned or incurred unless the client consents to a different arrangement.” Although the D.C. 上诉法院也对D做了一些小的修改.C. Rule 1.15(d)在2月1日生效的最近修订中, 2007, 较早前对该规则的修订是与第264号意见直接相关的修订.
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