受修订规则实质影响的道德意见(2007年2月1日生效)
自2007年2月1日起，D.C. 上诉法院修改了D.C. 职业行为准则 in the most comprehensive revision to the Rules since they first became effective on January 1, 1991. 尽管绝大多数的意见是由D.C. Bar Legal Ethics Committee (“Committee”) prior to the effective date of the amended Rules are substantively unaffected by the amendments, 鉴于最近的变化，有一些根本不再提供完整的指导. It is critical, therefore, that anyone who seeks guidance from a Committee opinion pay particular attention to the possibility that the Rules or Comments have changed in relevant ways since the opinion was published. 有些更改是“非实质性的”，例如对Rule部分或Comment重新编号. 在这种情况下, 委员会的意见仍然有效, 即使对规则或注释的特定引用可能不再与当前版本一致. 委员会敦促任何征求意见的人根据经修订的《澳门赌场官网》来阅读该意见. In the table below, 委员会确定了这些意见, in its judgment, 受到经修订的《澳门赌场官网》的实质影响:
| 受修订规则实质影响的意见(2007年2月1日生效) | |
|---|---|
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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, 也没有要求当事人必须有单独的澳门赌场官网才能允许这样的协议. |
| 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, 只要其他澳门赌场官网没有任何受D保护的信息.C. Rule 1.那是重要的. |
| Opinion 217: Multiple Representation; Intermediation | D.C. Rule 2.2已被淘汰, 关于中介和共同代理的讨论已移至D .的评论[14]至[18].C. Rule 1.7. |
| Opinion 218聘雇协议规定对费用纠纷进行强制仲裁并非不道德 | 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, 是由D.C. Rule 1.5. 此外，对D .的评论[13].C. Rule 1.解析:选D.C. Rule 1.8一般允许澳门赌场官网签订协议仲裁任何法律事故索赔. |
| 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. 因为澳门赌场官网现在可以根据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项下义务的约束.C. Rule 1.6 -现在可能更广泛. |
| Opinion 232:多客户/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:书面费用协议 | 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:离婚案件的共同代理 | D.C. Rule 2.2已被淘汰, 关于中介和共同代理的讨论已移至D .的评论[14]至[18].C. Rule 1.7. |
| Opinion 253:澳门赌场官网事务所与保险公司之间的转介费安排 | D.C. Rule 7.1(b)(5)已被淘汰. As a result, 该意见的一部分已不再适用-具体而言, D .禁止与非澳门赌场官网分享费用的关系的讨论.C. Rule 5.4和D .的规定.C. Rule 7.1(b)(5)允许澳门赌场官网在某些条件下向中介人支付介绍费. |
| Opinion 264: Refunds of Special Retainers; Commingling of Such Funds with the General Funds of the Law Firm Upon Receipt | D.C. Rule 1.自发表本意见以来，15(d)项已作了重大修订. 最特别的是，D.C. Rule 1.15(d)现在规定，未赚得费用和未发生费用的预支应视为财产 of the client. 该意见的相反决定是基于先前版本的D.C. Rule 1.15(d).[1]
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| Opinion 273: 澳门赌场官网从一家私人澳门赌场官网事务所跳槽到另一家私人澳门赌场官网事务所的道德考量 | 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.那是重要的. 该意见的相反结论是基于先前版本的D.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)条不再包含对推定澳门赌场官网事务所丧失资格的潜在客户例外. 这个例外现在包含在一个新的规则中，D.C. Rule 1.18(d). |
| Opinion 279:可获得的筛选作为治疗的推定不合格 | D.C. Rule 1.第10(a)条不再包含潜在客户对推定澳门赌场官网事务所丧失资格的例外情况. 这个例外现在包含在一个新的规则中，D.C. Rule 1.18(d). |
| Opinion 286:临时转介费 | D.C. Rule 7.1(b)(5)已被淘汰. 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: 退休澳门赌场官网出售澳门赌场官网业务 | D.C. Rule 1.第17条是新的，并管辖法律业务的销售. 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: 共同声明:信息保密 | D.C. Rule 2.2已被删除，注释[14]-[18]改为D.C. Rule 1.增加了7项以处理共同代表制方面的特别考虑. 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: 对已停止经营的企业客户的保密义务 | 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:通过基于互联网的网页征集原告集体诉讼或获得法律工作 | D.C. Rule 7.1(b)(5)已被淘汰. As a result, 该意见的一部分已不再适用-具体而言 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 306:一边做澳门赌场官网一边卖保险 | D.C. Rule 5.7 is new. It provides that a lawyer shall be subject to the 职业行为准则 in the provision of services that might reasonably be performed in conjunction with and are related to the provision of law services. 这一观点与D一致.C. Rule 5.7，但它只依赖于评论[25](现在重新编号[36])到D.C. Rule 1.(七)澳门赌场官网可以向客户销售保险产品，只要澳门赌场官网充分披露, 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: 参加政府项目需要支付一定比例的费用 | D.C. Rule 7.1(b)(5)已被淘汰. As a result, 该意见的一部分已不再适用-具体而言, 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: 非司法诉讼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: 非营利组织费用安排与澳门赌场官网的关系 | D.C. Rule 5.4(a)(5)现在规定，澳门赌场官网可以与雇用澳门赌场官网的非营利组织分担澳门赌场官网费, 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)现在明确授权在这些情况下分担法律费用. |
[1]1996年第264号意见发表时，D.C. Rule 1.15(d)规定“[a]预付澳门赌场官网费和诉讼费一经收到即成为澳门赌场官网的财产. 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日生效, 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.C. Rule 1.2月1日生效的最新修正案第15(d)条, 2007, 早先对该规则的修订与第264号意见直接相关.
