Anpassung des Gesetzes, Modell-Code of Evidence Seit 1923 hat das American Law Institute mehrere Modell-Codes, die Elemente der Vereinigten Staaten Recht. Das Modell Code of Evidence wurde in Erwiderung auf die Notwendigkeit einer gründlichen Überarbeitung des bestehenden Gesetzes entworfen. Es wurde für die Annahme von Gerichten entworfen, die über die Befugnis verfügen, Beweise und Verfahren regelmäßig zu regeln oder als Gesetzesvorlage als Beweismittel durchzusetzen. Modell Code of Evidence ist in der gleichen Hardcover-Buch Format wie die A. L.I. Restatements des Gesetzes und wird auch als Teil dieser Serie verkauft. Vorwort Vorläufige Erwägungen Bemerkenswerte Merkmale des Kodex-Kapitels Allgemeine Bestimmungen Qualifikation, Prüfung amp Glaubwürdigkeit der Zeugenprivilegien Zulässigkeit als von Betroffenen der extrinsischen Politik beeinträchtigt Experten und Meinung Beweis Beweis Beweis Nachweis und Inhalt der Schrift Vermutungen Gerichtsvermerk Artikel Index Parallele TabellenEnd-of-Life-Bekanntmachung : American Legal Ethics Library Ab dem 1. März 2013 unterhält das Legal Information Institute die Informationen nicht mehr in der American Legal Ethics Library. Es ist uns nicht mehr möglich, sie aufgrund ihrer personellen Bedürfnisse auf Vollständigkeit und Genauigkeit zu halten. Es ist möglich, dass wir es zu einem späteren Zeitpunkt wiederbeleben werden. An dieser Stelle bedarf es einer kompletten technologischen Sanierung und Überarbeitung des Korrespondenz-Firmenmodells, das diese seit vielen Jahren erfolgreich bewahrt. Viele Menschen haben im Laufe der Jahre Zeit und Mühe zum Projekt beigetragen und möchten ihnen danken. Insbesondere haben Roger Cramton und Peter Martin nicht nur ALEL konzipiert, sondern viel ihrer eigenen Arbeit beigebracht. Wir danken Brad Wendel für seine redaktionellen Beiträge, für Brian Toohey und alle am Jones Day für ihre Bemühungen und für alle unsere Korrespondenten und Mitwirkenden. Vielen Dank. Wir bedauern jegliche Unannehmlichkeiten. Einige Teile der Sammlung können bereits stark veraltet sein, also seien Sie vorsichtig bei der Verwendung dieses Materials. ABA Model Code of Professional Responsibility (1983) Am 14. August 1964 schuf Jr., das Delegierte der American Bar Association, auf Ersuchen von Präsident Lewis F. Powell einen Sonderausschuss für die Evaluierung ethischer Standards, um den damaligen Stand zu prüfen Canons of Professional Ethics und Empfehlungen für Änderungen zu machen. Das Komitee stellte den Modellkodex der Berufsverantwortung vor, der 1969 vom Delegiertenhaus verabschiedet wurde und am 1. Januar 1970 in Kraft trat. Der neue Modellkodex überarbeitete die bisherigen Kanons in vier Hauptmerkmalen: (1) Es gab wichtige Bereiche, die das Verhalten betreffen (2) Viele Kanonen, die inhaltlich fundiert waren, mussten redaktionelle Revisionen erfordern (3) die meisten der Kanonier haben sich nicht für praktische Sanktionen für Verstöße eignet (4 ) Veränderte und sich ändernde Rahmenbedingungen in unserem Rechtssystem und in der urbanisierten Gesellschaft erforderten neue Erklärungen von professionellen Prinzipien. Die ursprünglichen 32 Canons of Professional Ethics wurden von der American Bar Association im Jahre 1908 verabschiedet. Sie stützten sich hauptsächlich auf den Ethikkodex, der von der Alabama State Bar Association im Jahre 1887 verabschiedet wurde, der seinerseits weitgehend aus den Vorlesungen von Richter George Sharswood entlehnt wurde , Veröffentlicht 1854 unter dem Titel "Berufsethik" und aus den fünfzig Entschließungen, die in David Hoffmans A Course of Legal Study (2. Auflage 1836) enthalten sind. Seitdem ist eine begrenzte Anzahl von Änderungsanträgen auf einer stückweisen Grundlage verabschiedet worden. Bereits 1934 hielt Herr Justiz (später Chief Justice) Harlan Fiske Stone in seiner denkwürdigen Ansprache mit dem Titel "Der öffentliche Einfluss der Bar" folgende Bemerkung: Bevor die Bar überhaupt als Hüterin der öffentlichen Interessen tätig werden kann, Muss es die Beurteilung und das Verständnis der neuen Bedingungen und die verkettete Beziehung des Anwaltes zu seinen Kunden, zu seinen Berufsbrüdern und für die Öffentlichkeit geben. Diese Einschätzung muss über die kleinlichen Details der Form und der Sitten hinausgehen, die so weitgehend Gegenstand unserer Ethikkodizes gewesen sind, zu einer gründlicheren Betrachtung der Art und Weise, in der unsere beruflichen Tätigkeiten das Wohl der Gesellschaft als Ganzes beeinflussen. Unsere Ethikkandidaten sind zum großen Teil Verallgemeinerungen, die für eine frühere Ära entworfen wurden. Der von Präsident Powell im Jahre 1964 ernannte Ausschuss erzielte einstimmig den Schluß, daß eine weitere stückweise Abänderung der ursprünglichen Kanonen nicht ausreichen würde. Es ging um die Modell-Code der beruflichen Verantwortung als Reaktion auf die wahrgenommene Notwendigkeit für die Änderung der Erklärung der Berufsgrundsätze für Rechtsanwälte zu verfassen. Während die Stellungnahmen des Ausschusses für Berufsethik der American Bar Association veröffentlicht wurden und eine ziemlich weite Verbreitung mit dem daraus resultierenden Wert für die Bank und Bar gegeben wurden, waren sie sicherlich nicht schlüssig hinsichtlich der Angemessenheit der früheren Kanonen. Da die Meinungen notwendigerweise Interpretationen der bestehenden Kanonen waren, tendierten sie dazu, die Kanonen zu unterstützen und waren nur im ungewöhnlichsten Fall kritisch. Da eine Vielzahl von Anträgen auf Stellungnahmen des Ausschusses für Berufsethik die Etikette der Rechtspraxis, der Werbung, der Partnerschaftsnamen, der Bekanntmachungen und dergleichen behandelte, bestand für viele Anwälte die Tendenz, davon auszugehen, dass dies der ausschließliche Interessenbereich war Und dass es nicht um die ernsteren Fragen der beruflichen Normen und Pflichten ging. Die bisherigen Kanons waren kein wirkungsvolles Lehrinstrument und führten nicht zu den jungen Juristen, die über die Sprache der Kanoniker hinausgehen. Es gab keine organisierte Wechselbeziehung zwischen den Kanonen und sie überlappten sich oft. Sie waren nicht in der Sprache für disziplinarische Durchsetzung und viele mit malerischen Ausdrücken der Vergangenheit entworfen. Diese Kanons enthielten jedoch viele sachlich fundierte Bestimmungen, die alle in dem 1969 angenommenen Modellkodex beibehalten wurden. In den Studien und Sitzungen, die von dem Ausschuss durchgeführt wurden, der das vorliegende Modellkodex entwickelte, stützte sich das Komitee stark auf die (1953) von Henry S. Trinker, der seit neun Jahren als Vorsitzender des Ausschusses für Berufsethik (heute bekannt als Komitee für berufliche Ethik und Beschwerde) der American Bar Association mit großem Abstand diente. Die Formulare Stellungnahmen des Ausschusses für Ethik und Berufliche Verantwortung wurden 1967 in einem einzigen Band gesammelt und veröffentlicht und seither kontinuierlich in loser Form veröffentlicht. (Der Name wurde 1971 an den Ständigen Ausschuss für Ethik und Berufsver - antwortung geändert.) Die informellen Stellungnahmen des Ausschusses für Ethik und Berufsverantwortung wurden 1975 in zwei Bänden gesammelt und veröffentlicht Veröffentlicht kontinuierlich in lose-Blatt-Form. Seit der Verabschiedung des Modellkodex für Berufsverantwortung im Jahre 1969 wurden aufgrund von Entscheidungen des Obersten Gerichtshofs der Vereinigten Staaten und der Gerichte im Zusammenhang mit der Erbringung von Rechtsdienstleistungen und der Erbringung von zusätzlichen juristischen Dienstleistungen in den USA eine Reihe von Änderungen erforderlich Nicht nur für indigents, sondern auch für Personen mit moderaten Mitteln. Darüber hinaus haben die jüngsten Entscheidungen des Oberste Gerichtshofs der Vereinigten Staaten über die Verfassungsmäßigkeit der restriktiven Bestimmungen des Kodex für Rechtsanwaltwerbung eine grundlegende Überarbeitung von Canon 2 und anderen Teilen des vorliegenden Modellkodex erforderlich gemacht. Diese Änderungen des Kodex werden bis zur Maßnahme des Delegiertenhauses im August 1978 in die vorliegende Druckschrift aufgenommen. Der Ausschuß für Ethik und Berufsverantwortung ist nach den Statuten der American Bar Association (Art 30.7), um geeignete Änderungen oder Klarstellungen des Modellkodex zu empfehlen. Weitere Änderungen werden vom Ausschuß unter besonderer Berücksichtigung der jüngsten Gerichtsentscheidungen geprüft. Der Fortbestand einer freien und demokratischen Gesellschaft hängt von der Anerkennung des Begriffes ab, daß die Gerechtigkeit auf der Rechtsstaatlichkeit beruht, die in der Achtung der Würde des Einzelnen und seiner Fähigkeit durch die Vernunft der erleuchteten Selbstverwaltung begründet wird Möglich ist, denn nur durch dieses Gesetz erreicht die Würde des Individuums Respekt und Schutz. Ohne sie werden die individuellen Rechte einer ungezügelten Macht unterworfen, die Achtung vor dem Gesetz wird zerstört, und die rationale Selbstverwaltung ist unmöglich. Rechtsanwälte, als Hüter des Gesetzes, spielen eine wichtige Rolle bei der Erhaltung der Gesellschaft. Die Erfüllung dieser Rolle erfordert ein Verständnis der Rechtsanwälte über ihre Beziehung zu und Funktion in unserem Rechtssystem.3 Eine konsequente Verpflichtung der Rechtsanwälte ist es, die höchsten Standards des ethischen Verhaltens beizubehalten. Bei der Erfüllung seiner beruflichen Aufgaben übernimmt ein Anwalt zwangsläufig verschiedene Rollen, die die Durchführung vieler schwieriger Aufgaben erfordern. Nicht jede Situation, die ihm begegnet, kann vorausgesehen werden, 4 aber grundlegende ethische Prinzipien sind immer vorhanden, um ihn zu führen. Im Rahmen dieser Grundsätze muss ein Anwalt mutig und vorausschauend in die Lage versetzt werden, den Rechtsrahmen auf die sich ständig verändernden gesellschaftlichen Verhältnisse auszurichten.5 Der Modellkodex der Berufsverantwortung weist den Weg zum Anspruchsvollen und gibt Standards Durch die der Übertreter zu beurteilen. Jeder Anwalt muß in seinem eigenen Gewissen den Prüfstein finden, um zu prüfen, inwieweit seine Handlungen über Mindeststandards hinausgehen. Aber letztlich ist es der Wunsch nach dem Respekt und der Zuversicht der Mitglieder seines Berufes und der Gesellschaft, der er dient, die einem Anwalt den Anreiz für das höchstmögliche ethische Verhalten geben sollen. Der mögliche Verlust dieses Respekts und Vertrauens ist die letzte Sanktion. Solange ihre Praktizierenden von diesen Prinzipien geleitet werden, wird das Gesetz weiterhin ein edler Beruf sein. Das ist seine Größe und seine Kraft, die keinen Kompromiß zulassen. VORLÄUFIGE ERKLÄRUNG Zur Förderung der in der Präambel genannten Grundsätze hat die American Bar Association diesen Modellkodex für Berufsverantwortung verabschiedet, der aus drei getrennten, aber miteinander verbundenen Teilen besteht: Canons, ethische Überlegungen und disziplinarische Regeln.6 Der Kodex soll angenommen werden Durch geeignete Agenturen als einen inspirierenden Leitfaden für die Berufsangehörigen und als Grundlage für Disziplinarmaßnahmen, wenn das Verhalten eines Rechtsanwalts die in den Disziplinarregeln festgelegten Mindestnormen unterschreitet. Offensichtlich können die Canons, ethischen Überlegungen und disziplinarischen Regeln nicht für Nicht-Juristen gelten, aber sie definieren die Art des ethischen Verhaltens, dass die Öffentlichkeit ein Recht hat, nicht nur von Anwälten, sondern auch von ihren nicht-professionellen Mitarbeitern und Mitarbeitern zu erwarten Fragen der beruflichen Beschäftigung. Ein Rechtsanwalt sollte letztlich für das Verhalten seiner Mitarbeiter und Mitarbeiter im Rahmen der professionellen Vertretung des Auftraggebers verantwortlich sein. Die Canons sind Aussagen von axiomatischen Normen, die in allgemeiner Hinsicht die Standards der beruflichen Zuverlässigkeit von Anwälten in ihren Beziehungen mit der Öffentlichkeit, mit dem Rechtssystem und mit dem Rechtsberuf erwarten. Sie verkörpern die allgemeinen Begriffe, aus denen die ethische Betrachtung und die Disziplinarischen Regeln abgeleitet werden. Die ethischen Überlegungen sind aspiratorischer Natur und repräsentieren die Ziele, auf die jedes Mitglied des Berufsstandes streben sollte. Sie bilden eine Grundregel, auf die sich der Rechtsanwalt in vielen konkreten Situationen berufen kann.7 Die Disziplinarregeln sind im Gegensatz zu den ethischen Überlegungen zwingenden Charakter. In den Disziplinarregeln ist das Mindestniveau festgelegt, unter dem kein Anwalt ohne Disziplinarmaßnahmen fallen kann. Im Rahmen eines fairen Verfahrens sollten 8 die Disziplinarregeln einheitlich auf alle Anwälte angewandt werden 9, unabhängig von der Art ihrer beruflichen Tätigkeiten.10 Das Modellkodex macht keinen Versuch, Disziplinarverfahren oder Strafen für die Verletzung einer Disziplinarordnung vorzuschreiben, 12 noch verpflichtet sie sich, Normen für die zivilrechtliche Haftung von Rechtsanwälten für Berufsverhältnisse festzulegen. Die Schwere des Urteils gegen einen, der schuldig ist, eine Disziplinarregel zu verletzen, sollte durch den Charakter des Vergehens und die damit verbundenen Umstände bestimmt werden.13 Eine Vollstreckungsbehörde kann bei der Anwendung der Disziplinarregeln in den Grundprinzipien, die in den Kanonen verankert sind, eine interpretierende Orientierung finden Und in den Zielen, die in den ethischen Überlegungen zum Ausdruck kommen. CANON 1. Ein Rechtsanwalt sollte bei der Aufrechterhaltung der Integrität und Kompetenz der Rechtsberufe helfen Ein grundlegendes Argument der beruflichen Verantwortung der Rechtsanwälte ist, dass jeder Mensch in unserer Gesellschaft bereiten Zugang zu den unabhängigen professionellen Dienstleistungen eines Rechtsanwaltes der Integrität und Kompetenz haben sollte. Die Wahrung der Integrität und die Verbesserung der Kompetenz der Bar, um den höchsten Standards gerecht zu werden, ist die ethische Verantwortung jedes Anwalts. Die Öffentlichkeit sollte vor solchen Personen geschützt werden, die aufgrund eines Mangels an Ausbildung1 oder moralischen Normen2 oder anderer relevanter Faktoren3 nicht qualifiziert sind, aber trotzdem versuchen, das Recht zu praktizieren. Um die Aufrechterhaltung hoher moralischer und pädagogischer Standards der Rechtsanwaltschaft zu gewährleisten, sollten Rechtsanwälte Gerichte und andere geeignete Stellen bei der Verkündung, Durchsetzung und Verbesserung der Zulassungsvoraussetzungen in der Rechtsanwaltskanzlei unterstützen.4 In gleicher Weise hat die Rechtsanwaltskanzlei eine positive Verpflichtung Hilfe bei der kontinuierlichen Verbesserung aller Phasen der Vor-Zulassung und nach der Zulassung Rechtsbildung. Bevor ein Bewerber um Aufnahme zugelassen wird, sollte ein Rechtsanwalt sich davon überzeugen, dass der Antragsteller guten moralischen Charakter hat. Obwohl ein Rechtsanwalt nicht zum selbst ernannten Ermittler oder Richter der Zulassungsbewerber werden sollte, sollte er den zuständigen Beamten alle ungünstigen Informationen, die er in Bezug auf den Charakter oder die sonstigen Befähigungsnachweise eines Antragstellers besitzt, Bericht erstatten.5 Die Integrität des Berufs kann nur aufrechterhalten werden Wenn das Verhalten von Rechtsanwälten, die gegen die Disziplinarordnung verstoßen, den zuständigen Beamten zur Kenntnis gebracht wird. Ein Anwalt sollte den Beamten freiwillig alle unberechtigten Kenntnisse des Verhaltens von Rechtsanwälten offenbaren, von denen er glaubt, daß sie gegen die Disziplinarordnung verstoßen. Ein Anwalt sollte auf Ersuchen Ausschüsse und Vorstände, die für die Verwaltung der Disziplinarbehörde zuständig sind, bedienen und unterstützen Regeln.7 Ein Anwalt sollte ein hohes Maß an professionellem Verhalten beibehalten und sollte dazu ermutigen, mit anderen Anwälten zu tun. Er sollte gemäßigt und würdig sein, und er sollte alles illegale und moralisch verwerfliche Verhalten unterlassen.8 Wegen seiner Stellung in der Gesellschaft können sogar geringfügige Rechtsverletzungen durch einen Anwalt dazu neigen, das Vertrauen der Öffentlichkeit in den Rechtsberuf zu verringern. Der Gehorsam gegenüber dem Gesetz verdeutlicht die Achtung vor dem Gesetz. Für Rechtsanwälte besonders, sollte Achtung vor dem Gesetz mehr sein als eine Plage. Ein Bewerber für eine Zulassung zur Rechtsanwältin oder zum Rechtsanwalt kann vorübergehend oder dauerhaft für andere als moralische und pädagogische Gründe wie geistige oder emotionale Instabilität unqualifiziert werden. Die Rechtsanwälte sollten sorgfältig darauf achten, dass während eines Zeitraums der Disqualifikation diese Person keine Lizenz erteilt oder, wenn sie lizenziert ist, nicht erlaubt ist, zu üben.9 In gleicher Weise, wenn die Disqualifikation beendet ist, sollten die Mitglieder der Bar unterstützen Wenn sie lizenziert sind, oder, wenn sie lizenziert sind, in vollem Recht zur Ausübung wiederhergestellt werden. DR 1-101 Wahrung der Integrität und Kompetenz der Rechtsberufe. (A) Ein Rechtsanwalt unterliegt einer Disziplinierung, wenn er eine wesentliche falsche Aussage gemacht hat oder wenn er sich bewußt versäumt hat, einen im Zusammenhang mit seinem Antrag auf Zulassung zur Bar angeforderten Sachverhalt offen zu legen10 Nicht mehr den Antrag auf Zulassung in die Rechtsanwaltskammer einer anderen Person, die von ihm bekannt ist, in Bezug auf Charakter, Ausbildung oder andere relevante Merkmale uneingeschränkt zu sein.11 DR 1-102 Fehlverhalten. (A) Ein Rechtsanwalt darf nicht: (1) eine Disziplinarregel verletzen. (2) Eine disziplinarische Regel umgehen durch Handlungen anderer.12 (3) Engagement in illegalen Verhaltensweisen, die moralische Gewalttaten betreffen.13 (4) Engagieren in Verhaltensweisen, die Unehrlichkeit, Betrug, Betrug oder Falschdarstellung betreffen. (5) Verhaltensweisen, die die Rechtspflege beeinträchtigen. (6) Engagieren Sie sich in einem anderen Verhalten, das sich negativ auf seine Eignung zum Üben ausspricht.14 DR 1-103 Offenlegung von Informationen an Behörden. (A) Ein Rechtsanwalt, der über eine unerlaubte Kenntnis einer Verletzung von DR 1-102 verfügt, muss ein solches Wissen an ein Gericht oder eine andere Behörde übermitteln, die befugt ist, diesen Verstoß zu untersuchen oder zu begehen.15 (B) Ein Rechtsanwalt, der über unberechtigte Kenntnisse oder Beweise für einen anderen Rechtsanwalt verfügt oder So hat ein Richter diese Kenntnisse oder Beweise auf Antrag eines Gerichts oder einer sonstigen Behörde, die befugt ist, das Verhalten von Rechtsanwälten oder Richtern zu beurteilen, vollständig anzuerkennen.16 CANON 2. Ein Rechtsanwalt sollte die Rechtsberufe bei der Erfüllung seiner Pflicht zur Rechtsberatung unterstützen Verfügbar Die Notwendigkeit von Mitgliedern der Öffentlichkeit für juristische Dienstleistungen1 wird nur erfüllt, wenn sie ihre Rechtsprobleme anerkennen, die Bedeutung von Hilfesuchen zu schätzen wissen2, und in der Lage sind, die Dienste eines annehmbaren Rechtsbeistandes zu erlangen.3 Daher wichtige Funktionen der Rechtsberufe Sollen die Laien erziehen, um ihre Probleme zu erkennen, den Prozess der intelligenten Auswahl von Rechtsanwälten zu erleichtern und dabei zu helfen, juristische Dienstleistungen voll und ganz zugänglich zu machen.4 Anerkennung rechtlicher Probleme Die Rechtsberufe sollten den Laien helfen, rechtliche Probleme anzuerkennen, weil solche Probleme nicht möglich sind Selbst aufschlussreich und oft nicht rechtzeitig bemerkt. Daher sollten Rechtsanwälte in pädagogischen und Öffentlichkeitsarbeitsprogrammen, die sich auf unser Rechtssystem beziehen, und insbesondere juristische Probleme, die häufig auftreten, gefördert und daran beteiligt werden. Die Vorbereitung von Anzeigen und Fachartikeln für Laienpublikationen5 und die Teilnahme an Seminaren, Vorträgen und bürgerlichen Programmen sollten durch den Wunsch motiviert werden, die Öffentlichkeit auf das Bewusstsein für rechtliche Bedürfnisse aufmerksam zu machen und Informationen zu liefern, die für die Auswahl der am besten geeigneten Berater relevant sind Um Werbung für bestimmte Anwälte zu erhalten. Die Probleme der Werbung im Fernsehen bedingen aufgrund des Stils, der Kosten und der transitorischen Natur solcher Medien besondere Berücksichtigung. Werden die Interessen der Laien bei der Erlangung der relevanten Juristenwerbung durch Printmedien und Rundfunkwerbung nicht adäquat bedient und können angemessene Schutzmaßnahmen zum Schutz der Öffentlichkeit vernünftigerweise formuliert werden, kann Fernsehwerbung einem öffentlichen Interesse dienen. Ob ein Rechtsanwalt ordnungsgemäß in der Freiwilligentätigkeit an einem Laien arbeitet, um juristische Dienstleistungen zu erbitten, hängt von den Umständen ab6. Die Ratschläge, die man rechtmäßig ergreifen sollte, könnten in Erfüllung der Pflicht der Rechtsberufe zur Unterstützung der Laien gut sein Rechtliche Probleme anzuerkennen.7 Der Rat ist nur dann richtig, wenn er von dem Wunsch geleitet wird, einen zu schützen, der nicht anerkennt, dass er Rechtsprobleme hat oder über seine Rechte oder Pflichten unwissend ist. Es ist unangebracht, wenn durch den Wunsch, persönlichen Nutzen zu erhalten, sichere persönliche Werbung zu motivieren oder rechtliche Schritte zu ergreifen, nur zu einem anderen zu belästigen oder zu verletzen motiviert. Ein Rechtsanwalt darf nicht einen persönlichen Kontakt mit einem Nichtmandanten, persönlich oder durch einen Bevollmächtigten auslösen, um ihn zur Entschädigung zu vertreten. Da Motivation subjektiv ist und oft schwer zu beurteilen ist, können die Motive eines Rechtsanwalts, der sich in persönlichen Beratungen freiwillig um Rechtsstreitigkeiten kümmert, verdächtig sein, wenn er eine berufliche Beschäftigung oder andere Leistungen erhält.8 Ein Anwalt, der sich persönlich engagiert Dass man die Leistungen eines Anwalts in der Regel sollte nicht selbst akzeptieren, Beschäftigung, Entschädigung oder andere Vorteile im Zusammenhang mit dieser Frage. Es ist jedoch nicht unangemessen, dass ein Rechtsanwalt eine solche Beratung freiwillig erbringt und Rechtsbeistand bei engen Freunden, Verwandten, ehemaligen Kunden (in Bezug auf Angelegenheiten der ehemaligen Beschäftigung) und Stammkunden macht.9 Ein Anwalt, der für die Daß die Allgemeinheit, um ihre Rechtsprobleme anzuerkennen, sorgfältig darauf verzichten sollte, eine allgemeingültige Lösung für alle scheinbar ähnlichen individuellen Probleme zu geben oder erscheinen zu lassen, da geringfügige Änderungen in den tatsächlichen Situationen eine wesentliche Abweichung in der anwendbaren Beratung erfordern können, Kann die Öffentlichkeit irregeführt und missverstanden werden. Gespräche und Schriften von Anwälten für Laien sollten vorsichtig sein, nicht zu versuchen, individuelle Probleme auf der Grundlage der darin enthaltenen Informationen zu lösen.11 Auswahl eines Rechtsanwalts: Im Allgemeinen Ein potenzieller Kunde kannte in der Regel die Reputation lokaler Juristen für Kompetenz und Integrität Konnte einen Praktizierenden auswählen, in dem er Vertrauen hatte. Dieses traditionelle Auswahlverfahren funktionierte gut, weil es vom Kunden initiiert wurde und die Wahl eine informierte war. Geänderte Bedingungen haben jedoch die Wirksamkeit des traditionellen Auswahlverfahrens stark eingeschränkt. Oft sind die Reputationen der Anwälte nicht hinreichend bekannt, um es Laien zu ermöglichen, intelligente Entscheidungen zu treffen.12 Das Gesetz ist immer komplexer und spezialisiert. Nur wenige Rechtsanwälte sind bereit und kompetent, mit jeder Art von Rechtsangelegenheit umzugehen, und viele Laien haben Schwierigkeiten, die Kompetenz der Rechtsanwälte zu bestimmen, um verschiedene Arten von Rechtsdienstleistungen zu erbringen. Die Auswahl des Rechtsbeistandes ist besonders schwierig für Übergänge, Umzug in neue Gebiete, Personen mit eingeschränkter Bildung oder Mitteln und andere, die nur wenig oder gar keinen Kontakt zu Rechtsanwälten haben.13 Mangel an Informationen über die Verfügbarkeit von Rechtsanwälten, die Qualifikation der einzelnen Rechtsanwälte , Und die Kosten der rechtlichen Vertretung führt Laien zu vermeiden, eine Rechtsberatung zu suchen. Die Auswahl eines Anwalts durch einen Laien sollte auf einer informierten Basis erfolgen. Beratung und Empfehlung Dritter - Angehörige, Freunde, Bekannte, Geschäftspartner oder andere Rechtsanwälte - und die Offenlegung der relevanten Informationen über den Anwalt und seine Praxis kann hilfreich sein. Ein Laien wird am besten gedient, wenn die Empfehlung uninteressiert und informiert ist. Damit die Empfehlung uninteressiert ist, sollte ein Anwalt nicht versuchen, einen anderen zu beeinflussen, um seine Beschäftigung zu empfehlen. Ein Rechtsanwalt sollte eine andere Person nicht dafür entschädigen, ihn zu empfehlen, einen potenziellen Kunden zu beeinflussen oder zukünftige Empfehlungen zu fördern.14 Werbung und öffentliche Mitteilungen, sei es in Gesetzeslisten, Telefonverzeichnissen, Zeitungen, anderen Formen von Printmedien, Fernsehen oder Radio, sollte formuliert werden, um nur Informationen zu übermitteln, die notwendig sind, um eine geeignete Auswahl zu treffen. Diese Informationen umfassen: (1) Büroinformationen wie Name und Name der Anwaltskanzlei und Namen der Berufsangehörigen Adressen Telefonnummern Kreditkartenakzeptanz fließend in Fremdsprachen und Sprechstunden (2) relevante biographische Informationen (3) Beschreibung der Praxis , Sondern nur durch die Verwendung von Bezeichnungen und Definitionen, die von der für die staatliche Rechtsprechung zuständigen Behörde zugelassen sind, beispielsweise ein oder mehrere Rechtsgebiete, in denen der Rechtsanwalt oder die Rechtsanwaltskanzlei eine Aussage macht, dass die Praxis auf ein oder mehrere Bereiche beschränkt ist Dass der Rechtsanwalt oder die Rechtsanwaltskanzlei auf ein bestimmtes Gebiet der Rechtspraxis spezialisiert ist, jedoch nur durch Verwendung von Bezeichnungen, Definitionen und Normen, die von der für das jeweilige Staatsgebiet zuständigen Behörde zugelassen sind, und (4) zulässige Gebühreninformationen. Selbstentscheidungen sollten vermieden werden.15 Auswahl eines Rechtsanwalts: Berufliche Mitteilungen und Auflistungen Der Mangel an Raffinesse vieler öffentlicher Mitglieder über juristische Dienstleistungen, die Bedeutung der Interessen, die durch die Wahl eines Rechtsanwaltes und vorhergehende Erfahrungen mit dem Rechtsanwalt betroffen sind Uneingeschränkte Anwaltwerbung, verlangen, dass besondere Sorge von Anwälten getroffen werden, um zu vermeiden, dass die Öffentlichkeit irreführend und zu gewährleisten, dass die Informationen in jeder Werbung dargelegt ist relevant für die Auswahl eines Anwalts. Der Anwalt muss darauf achten, dass die Vorteile der Rechtsanwaltwerbung von ihrer Zuverlässigkeit und Genauigkeit abhängen. Beispiele für Informationen in der Rechtsanwaltwerbung, die irreführend sein würden, umfassen Tatsachenfehler, Anregungen, dass der Einfallsreichtum oder die vorherige Aufzeichnung eines Rechtsanwalts und nicht die Gerechtigkeit des Anspruchs die wichtigsten Faktoren sind, die das Ergebnis bestimmen können, die Einbeziehung von Informationen, die für die Auswahl eines Rechtsanwalts irrelevant sind , Und Darstellungen über die Qualität der Dienstleistungen, die nicht gemessen oder überprüft werden können. Da Rechtsanwaltwerbung berechnet und nicht spontan ist, dient die vernünftige Regulierung der Rechtsanwaltswerbung, die darauf abzielt, die Einhaltung geeigneter Standards zu fördern, dem öffentlichen Interesse entgegen, ohne den Fluss nützlicher, aussagekräftiger und relevanter Informationen für die Öffentlichkeit zu behindern. Ein Rechtsanwalt sollte sicherstellen, dass die Informationen, die in einer Werbung enthalten sind, die der Rechtsanwalt publiziert, sendet oder zu veröffentlichen oder zu veröffentlichen ist, relevant sind, objektiv und verständlich verbreitet werden und die potenziellen Kunden in die Lage versetzen würden, die Qualifikationen der Rechtsanwälte miteinander zu vergleichen Ihn zu vertreten. Ein Anwalt sollte sich bemühen, solche Informationen ohne ungebührliche Betonung von Stil - und Werbestrategien zu vermitteln, die dazu dienen, die intelligente Auswahl des Rechtsbeistandes eher zu behindern als zu erleichtern. Da der technologische Wandel ein immer wiederkehrendes Merkmal von Kommunikationsformen ist und weil die Wahrnehmung dessen, was in der Anwaltsauswahl relevant ist, sich ändern kann, sollten Rechtsanwaltsregeln nicht in starre, unveränderliche Begriffe gegossen werden. Damit steht den Werbetreibenden und Verbrauchern die Möglichkeit zur Verfügung, die Vorschläge zur Änderung der Regeln für die Anwaltswerbung umgehend zu prüfen. Die Festlegung eines Antrags auf eine solche Änderung sollte davon abhängen, ob der Vorschlag im Einklang mit den geltenden Bestimmungen des Kodex erforderlich ist, ob der Vorschlag den Standards für Genauigkeit, Zuverlässigkeit und Wahrhaftigkeit entspricht und ob der Vorschlag eine informierte Auswahl von Rechtsanwälten durch potenzielle Verbraucher erleichtert Rechtsberatung. Vertreter des Rechtsanwalts und der Verbraucher sollten zusätzlich zu dem Antragsteller über jede vorgeschlagene Änderung gehört werden. Jede Änderung, die genehmigt wird, sollte in Form einer Änderung des Kodex verkündet werden, so dass alle Rechtsanwälte, die in der Gerichtsbarkeit tätig sind, von ihren Bestimmungen Gebrauch machen können. Der Name, unter dem ein Rechtsanwalt seine Tätigkeit ausübt, kann ein Faktor des Auswahlprozesses sein.16 Die Verwendung eines Handelsnamens oder eines angenommenen Namens könnte die Laien in Bezug auf Identität, Verantwortlichkeit und Status derjenigen, die dort üben, irreführen.17 Dementsprechend ein Rechtsanwalt In privater Praxis nur unter seinem eigenen Namen, dem Namen eines Rechtsanwalts, der ihn beschäftigt, eine Bezeichnung mit dem Namen eines oder mehrerer Anwälte, die eine Partnerschaft ausüben, oder, wenn dies gesetzlich zulässig ist, den Namen einer professionellen juristischen Körperschaft praktiziert , Die eindeutig als solche bezeichnet werden sollte. Seit vielen Jahren haben einige Anwaltskanzleien einen festen Namen verwendet, der einen oder mehrere Namen von verstorbenen oder pensionierten Partnern beibehält, und diese Praxis ist nicht unangemessen, wenn die Firma ein ehrlicher Nachfolger eines Unternehmens ist, in dem die verstorbene oder pensionierte Person Mitglied war Die Verwendung des Namens ist gesetzlich oder vertraglich zulässig und wird die Öffentlichkeit nicht irregeführt.18 Der Name eines Partners, der aus einem Unternehmen ausscheidet, aber weiterhin Rechtsvorschriften ausübt, sollte aus dem Firmennamen weggelassen werden, damit Vermeidung der Irreführung der Öffentlichkeit. Ein Anwalt, der eine gerichtliche, gesetzgebende oder öffentliche Exekutiv - oder Verwaltungsposition einnimmt, die das Recht hat, das Recht gleichzeitig auszuüben, kann zulassen, dass sein Name im Namen des Unternehmens bleibt, wenn er aktiv als Anwalt weiter tätig ist. Andernfalls sollte sein Name aus dem Firmennamen entfernt werden, und er sollte nicht als ein vergangenes oder gegenwärtiges Mitglied der Firma identifiziert werden, und er sollte sich nicht als ein praktizierender Anwalt halten. Um die Möglichkeit der Irreführung von Personen, mit denen er sich befasst, zu vermeiden, sollte ein Rechtsanwalt in der Vertretung seiner beruflichen Stellung sorgfältig sein.20 Er darf sich nicht als Partner oder Gesellschafter einer Anwaltskanzlei halten, wenn er nicht Eins ist 21 und sollte sich daher nicht als Partner oder Gesellschafter halten, wenn er nur Büros mit einem anderen Rechtsanwalt teilt.22 In einigen Fällen beschränkt ein Rechtsanwalt seine Praxis auf ein bestimmtes Rechtsgebiet.23 In Ermangelung staatlicher Kontrollen, Dass ein Rechtsanwalt sich nicht als Spezialist oder als offizielle Anerkennung als Spezialist ausschließen darf, außer in den Bereichen Admiralität, Markenrecht und Patentrecht, wo er sich als historischer Spezialist spezialisiert hat zulässig. Ein Rechtsanwalt kann jedoch in zulässiger Weise angeben, ob es sich um eine tatsächliche Sachbeschränkung oder um eine Beschränkung seiner Praxis oder um einen oder mehrere besondere Bereiche oder Rechtsgebiete handelt, in denen er mit Bezeichnungen und Definitionen arbeitet, die zu diesem Zweck von der zuständigen staatlichen Behörde zugelassen sind. Ein Rechtsanwalt, der in einer Gerichtsbarkeit ausübt, die die Fachleute bescheinigt, muss auch darauf achten, die Laien nicht hinsichtlich seines Status zu verwechseln. Wenn ein Rechtsanwalt Rechtsgebiete offenlegt, in denen er praktiziert, aber nicht in der Rechtsprechung bescheinigt ist, sollte er und die in der Zuständigkeit genehmigte Benennung jede Verpflichtung, die er tatsächlich zertifiziert hat, vermeiden. Die Anwaltschaft entwickelt hat Rechtsanwalt Verweis-Systeme entwickelt, um Personen, die in der Lage, Gebühren zu bezahlen, aber brauchen Hilfe bei der Suche nach Rechtsanwälten kompetent, um ihre besonderen Probleme zu behandeln. Die Verwendung eines Anwaltsverweisungssystems ermöglicht es einem Laien, eine uninformierte Auswahl eines Rechtsanwalts zu vermeiden, da ein solches System den Einsatz von kompetenten Anwälten ermöglicht, die ein Interesse an dem betreffenden Thema gezeigt haben. Rechtsanwälte sollten das Prinzip der Anwaltverweisungssysteme unterstützen und sollten die Entwicklung anderer ethischer Pläne fördern, die bei der Auswahl von qualifizierten Beratern helfen. Finanzielle Fähigkeit zur Beschäftigung Counsel: Allgemein Der juristische Beruf kann nicht eine brauchbare Kraft bleiben, wenn er seine Rolle in unserer Gesellschaft erfüllt, es sei denn, seine Mitglieder erhalten eine angemessene Entschädigung für erbrachte Dienstleistungen und angemessene Gebühren24 sollten in angemessenen Fällen an Kunden, die sie zahlen können, in Rechnung gestellt werden. Dennoch können Personen, die nicht in der Lage sind, alle oder einen Teil einer angemessenen Gebühr zu zahlen, in der Lage sein, notwendige juristische Dienstleistungen zu erbringen, 25 und Rechtsanwälte sollten an ethischen Aktivitäten, die darauf ausgerichtet sind, Unterstützung leisten und teilnehmen.26 Finanzielle Leistungsfähigkeit: Reasonable Fees The determination of a proper fee requires consideration of the interests of both client and lawyer.27 A lawyer should not charge more than a reasonable fee,28 for excessive cost of legal service would deter laymen from utilizing the legal system in protection of their rights. Furthermore, an excessive charge abuses the professional relationship between lawyer and client. On the other hand, adequate compensation is necessary in order to enable the lawyer to serve his client effectively and to preserve the integrity and independence of the profession.29 The determination of the reasonableness of a fee requires consideration of all relevant circumstances,30 including those stated in the Disciplinary Rules. The fees of a lawyer will vary according to many factors, including the time required, his experience, ability, and reputation, the nature of the employment, the responsibility involved, and the results obtained. It is a commendable and long-standing tradition of the bar that special consideration is given in the fixing of any fee for services rendered a brother lawyer or a member of his immediate family. As soon as feasible after a lawyer has been employed, it is desirable that he reach a clear agreement with his client as to the basis of the fee charges to be made. Such a course will not only prevent later misunderstanding but will also work for good relations between the lawyer and the client. It is usually beneficial to reduce to writing the understanding of the parties regarding the fee, particularly when it is contingent. A lawyer should be mindful that many persons who desire to employ him may have had little or no experience with fee charges of lawyers, and for this reason he should explain fully to such persons the reasons for the particular fee arrangement he proposes. Contingent fee arrangements31 in civil cases have long been commonly accepted in the United States in proceedings to enforce claims. The historical bases of their acceptance are that (1) they often, and in a variety of circumstances, provide the only practical means by which one having a claim against another can economically afford, finance, and obtain the services of a competent lawyer to prosecute his claim, and (2) a successful prosecution of the claim produces a res out of which the fee can be paid.32 Although a lawyer generally should decline to accept employment on a contingent fee basis by one who is able to pay a reasonable fixed fee, it is not necessarily improper for a lawyer, where justified by the particular circumstances of a case, to enter into a contingent fee contract in a civil case with any client who, after being fully informed of all relevant factors, desires that arrangement. Because of the human relationships involved and the unique character of the proceedings, contingent fee arrangements in domestic relation cases are rarely justified. In administrative agency proceedings contingent fee contracts should be governed by the same consideration as in other civil cases. Public policy properly condemns contingent fee arrangements in criminal cases, largely on the ground that legal services in criminal cases do not produce a res with which to pay the fee. A lawyer should not accept compensation or any thing of value incident to his employment or services from one other than his client without the knowledge and consent of his client after full disclosure.33 Without the consent of his client, a lawyer should not associate in a particular matter another lawyer outside his firm. A fee may properly be divided between lawyers34 properly associated if the division is in proportion to the services performed and the responsibility assumed by each lawyer35 and if the total fee is reasonable. A lawyer should be zealous in his efforts to avoid controversies over fees with clients36 and should attempt to resolve amicably any differences on the subject.37 He should not sue a client for a fee unless necessary to prevent fraud or gross imposition by the client.38 Financial Ability to Employ Counsel: Persons Unable to Pay Reasonable Fees A layman whose financial ability is not sufficient to permit payment of any fee cannot obtain legal services, other than in cases where a contingent fee is appropriate, unless the services are provided for him. Even a person of moderate means may be unable to pay a reasonable fee which is large because of the complexity, novelty, or difficulty of the problem or similar factors.39 Historically, the need for legal services of those unable to pay reasonable fees has been met in part by lawyers who donated their services or accepted court appointments on behalf of such individuals. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged. The rendition of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer, but the efforts of individual lawyers are often not enough to meet the need.40 Thus it has been necessary for the profession to institute additional programs to provide legal services.41 Accordingly, legal aid offices,42 lawyer referral services, and other related programs have been developed, and others will be developed, by the profession.43 Every lawyer should support all proper efforts to meet this need for legal services.44 Acceptance and Retention of Employment A lawyer is under no obligation to act as adviser or advocate for every person who may wish to become his client but in furtherance of the objective of the bar to make legal services fully available, a lawyer should not lightly decline proffered employment. The fulfillment of this objective requires acceptance by a lawyer of his share of tendered employment which may be unattractive both to him and the bar generally.45 History is replete with instances of distinguished and sacrificial services by lawyers who have represented unpopular clients and causes. Regardless of his personal feelings, a lawyer should not decline representation because a client or a cause is unpopular or community reaction is adverse.46 The personal preference of a lawyer to avoid adversary alignment against judges, other lawyers,47 public officials, or influential members of the community does not justify his rejection of tendered employment. When a lawyer is appointed by a court or requested by a bar association to undertake representation of a person unable to obtain counsel, whether for financial or other reasons, he should not seek to be excused from undertaking the representation except for compelling reasons.48 Compelling reasons do not include such factors as the repugnance of the subject matter of the proceeding, the identity49 or position of a person involved in the case, the belief of the lawyer that the defendant in a criminal proceeding is guilty,50 or the belief of the lawyer regarding the merits of the civil case.51 Employment should not be accepted by a lawyer when he is unable to render competent service52 or when he knows or it is obvious that the person seeking to employ him desires to institute or maintain an action merely for the purpose of harassing or maliciously injuring another.53 Likewise, a lawyer should decline employment if the intensity of his personal feeling, as distinguished from a community attitude, may impair his effective representation of a prospective client. If a lawyer knows a client has previously obtained counsel, he should not accept employment in the matter unless the other counsel approves54 or withdraws, or the client terminates the prior employment.55 Full availability of legal counsel requires both that persons be able to obtain counsel and that lawyers who undertake representation complete the work involved. Trial counsel for a convicted defendant should continue to represent his client by advising whether to take an appeal and, if the appeal is prosecuted, by representing him through the appeal unless new counsel is substituted or withdrawal is permitted by the appropriate court. A decision by a lawyer to withdraw should be made only on the basis of compelling circumstances,56 and in a matter pending before a tribunal he must comply with the rules of the tribunal regarding withdrawal. A lawyer should not withdraw without considering carefully and endeavoring to minimize the possible adverse effect on the rights of his client and the possibility of prejudice to his client57 as a result of his withdrawal. Even when he justifiably withdraws, a lawyer should protect the welfare of his client by giving due notice of his withdrawal,58 suggesting employment of other counsel, delivering to the client all papers and property to which the client is entitled, cooperating with counsel, subsequently employed, and otherwise endeavoring to minimize the possibility of harm. Further, he should refund to the client any compensation not earned during the employment.59 As a part of the legal professions commitment to the principle that high quality legal services should be available to all, attorneys are encouraged to cooperate with qualified legal assistance organizations providing prepaid legal services, Such participation should at all times be in accordance with the basic tenets of the profession: independence, integrity, competence and devotion to the interests of individual clients. An attorney so participating should make certain that his relationship with a qualified legal assistance organization in no way interferes with his independent, professional representation of the interests of the individual client. An attorney should avoid situations in which officials of the organization who are not lawyers attempt to direct attorneys concerning the manner in which legal services are performed for individual members, and should also avoid situations in which considerations of economy are given undue weight in determining the attorneys employed by an organization or the legal services to be performed for the member or beneficiary rather than competence and quality of service. An attorney interested in maintaining the historic traditions of the profession and preserving the function of a lawyer as a trusted and independent advisor to individual members of society should carefully assess such factors when accepting employment by, or otherwise participating in, a particular qualified legal assistance organization, and while so participating should adhere to the highest professional standards of effort and competence.60 DR 2-101 Publicity. (A) A lawyer shall not, on behalf of himself, his partner, associate or any other lawyer affiliated with him or his firm. use or participate in the use of any form of public communication containing a false, fraudulent, misleading, deceptive, self-laudatory or unfair statement or claim. (B) In order to facilitate the process of informed selection of a lawyer by potential consumers of legal services, a lawyer may publish or broadcast, subject to DR 2-103. the following information in print media distributed or over television or radio broadcast in the geographic area or areas in which the lawyer resides or maintains offices of in which a significant part of the lawyers clientele resides, provided that the information disclosed by the lawyer in such publication or broadcast complies with DR 2-101(A). and is presented in a dignified manner.61 (1) Name, including name of law firm and names of professional associates addresses and telephone numbers (2) One or more fields of law in which the lawyer or law firm practices, a statement that practice is limited to one or more fields of law, or a statement that the lawyer or law firm specializes in a particular field of law practice, to the extent authorized under DR 2-105 (3) Date and place of birth (4) Date and place of admission to the bar of state and federal courts (5) Schools attended, with dates of graduation, degrees and other scholastic distinctions (6) Public or quasi-public offices (7) Military service (8) Legal authorships (9) Legal teaching positions (10) Memberships, offices, and committee assignments, in bar associations (11) Membership and offices in legal fraternities and legal societies (12) Technical and professional licenses (13) Memberships in scientific, technical and professional associations and societies (14) Foreign language ability (15) Names and addresses of bank references (16) With their written consent, names of clients regularly represented (17) Prepaid or group legal services programs in which the lawyer participates (18) Whether credit cards or other credit arrangements are accepted (19) Office and telephone answering service hours (20) Fee for an initial consultation (21) Availability upon request of a written schedule of fees andor estimate of the fee to be charged for specific services (22) Contingent fee rates subject to DR 2-106(C). provided that the statement discloses whether percentages are computed before or after deduction of costs (23) Range of fees for services, provided that the statement discloses that the specific fee within the range which will be charged will vary depending upon the particular matter to be handled for each client and the client is entitled without obligation to an estimate of the fee within the range likely to be charged, in print size equivalent to the largest print used in setting forth the fee information (24) Hourly rate, provided that the statement discloses that the total fee charged will depend upon the number of hours which must be devoted to the particular matter to be handled for each client and the client is entitled to without obligation an estimate of the fee likely to be charged, in print size at least equivalent to the largest print used in setting forth the fee information (25) Fixed fees for specific legal services, the description of which would not be misunderstood or be deceptive, provided that the statement discloses that the quoted fee will be available only to clients whose matters fall into the services described and that the client is entitled without obligation to a specific estimate of the fee likely to be charged in print size at least equivalent to the largest print used in setting forth the fee information. (C) Any person desiring to expand the information authorized for disclosure in DR 2-101(B). or to provide for its dissemination through other forums may apply to the agency having jurisdiction under state law. Any such application shall be served upon the agencies having jurisdiction under state law over the regulation of the legal profession and consumer matters who shall be heard, together with the applicant, on the issue of whether the proposal is necessary in light of the existing provisions of the Code, accords with standards of accuracy, reliability and truthfulness, and would facilitate the process of informed selection of lawyers by potential consumers of legal services. The relief granted in response to any such application shall be promulgated as an amendment to DR 2-101(B), universally applicable to all lawyers. (D) If the advertisement is communicated to the public over television or radio, it shall be pre-recorded, approved for broadcast by the lawyer, and a recording of the actual transmission shall be retained by the lawyer.62 (E) If a lawyer advertises a fee for a service, the lawyer must render that service for no more than the fee advertised. (F) Unless otherwise specified in the advertisement if a lawyer publishes any fee information authorized under DR 2-101(B) in a publication that is published more frequently than one time per month, the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such publication. If a lawyer publishes any fee information authorized under DR 2-101(B) in a publication that is published once a month or less frequently, he shall be bound by any representation made therein until the publication of the succeeding issue. If a lawyer publishes any fee information authorized under DR 2-101(B) in a publication which has no fixed date for publication of a succeeding issue, the lawyer shall be bound by any representation made therein for a reasonable period of time after publication but in no event less than one year. (G) Unless otherwise specified, if a lawyer broadcasts any fee information authorized under DR 2-101(B). the lawyer shall be bound by any representation made therein for a period of not less than 30 days after such broadcast. (H) This rule does not prohibit limited and dignified identification of a lawyer as a lawyer as well as by name: (1) In political advertisements when his professional status is germane to the political campaign or to a political issue. (2) In public notices when the name and profession of a lawyer are required or authorized by law or are reasonably pertinent for a purpose other than the attraction of potential clients. (3) In routine reports and announcements of a bona fide business, civic, professional, or political organization in which he serves as a director or officer. (4) In and on legal documents prepared by him. (5) In and on legal textbooks, treatises, and other legal publications, and in dignified advertisements thereof. (I) A lawyer shall not compensate or give any thing of value to representatives of the press, radio, television, or other communication medium in anticipation of or in return for professional publicity in a news item. The agency having jurisdiction under state law may desire to issue appropriate guidelines defining specific legal services. The agency having jurisdiction under state law should establish orderly and expeditious procedures for ruling on such applications. DR 2-102 Professional Notices, Letterheads, and Offices. (A) A lawyer or law firm shall not use or participate in the use of63 professional cards, professional announcement cards, office signs, letterheads, telephone directory listings, law lists, legal directory listings, or similar professional notices or devices, except that the following may be used if they are in dignified form: (1) A professional card of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm. and any information permitted under DR 2-105. A professional card of a law firm may also give the names of members and associates. Such cards may be used for identification. (2) A brief professional announcement card stating new or changed associations or addresses, change of firm name, or similar matters pertaining to the professional office of a lawyer or law firm. which may be mailed to lawyers, clients, former clients, personal friends, and relatives.64 It shall not state biographical data except to the extent reasonably necessary to identify the lawyer or to explain the change in his association, but it may state the immediate past position of the lawyer.65 It may give the names and dates of predecessor firms in a continuing line of succession. It shall not state the nature of the practice except as permitted under DR 2-105 .66 (3) A sign on or near the door of the office and in the building directory identifying the law office. The sign shall not state the nature of the practice, except as permitted under DR 2-105 . (4) A letterhead of a lawyer identifying him by name and as a lawyer, and giving his addresses, telephone numbers, the name of his law firm. associates and any information permitted under DR 2-105. A letterhead of a law firm may also give the names of members and associates,67 and names and dates relating to deceased and retired members.68 A lawyer may be designated Of Counsel on a letterhead if he has a continuing relationship with a lawyer or law firm, other than as a partner or associate. A lawyer or law firm may be designated as General Counsel or by similar professional reference on stationery of a client if he or the firm devotes a substantial amount of professional time in the representation of that client.69 The letterhead of a law firm may give the names and dates of predecessor firms in a continuing line of succession. (B) A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm. except that the name of a professional corporation or professional association may contain P. C. or P. A. or similar symbols indicating the nature of the organization, and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession.70 A lawyer who assumes a judicial, legislative, or public executive or administrative post or office shall not permit his name to remain in the name of a law firm or to be used in professional notices of the firm during any significant period in which he is not actively and regularly practicing law as a member of the firm,71 and during such period other members of the firm shall not use his name in the firm name or in professional notices of the firm.72 (C) A lawyer shall not hold himself out as having a partnership with one or more other lawyers or professional corporations73 unless they are in fact partners.74 (D) A partnership shall not be formed or continued between or among lawyers licensed in different jurisdictions unless all enumerations of the members and associates of the firm on its letterhead and in other permissible listings make clear the jurisdictional limitations on those members and associates of the firm not licensed to practice in all listed jurisdictions75 however, the same firm name may be used in each jurisdiction. (E) Nothing contained herein shall prohibit a lawyer from using or permitting the use of, in connection with his name, an earned degree or title derived therefrom indicating his training in the law.76 DR 2-103 Recommendation of Professional Employment.77 (A) A lawyer shall not, except as authorized in DR 2-101(B). recommend employment, as a private practitioner,78 of himself, his partner, or associate to a layperson who has not sought his advice regarding employment of a lawyer.79 (B) A lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment80 by a client, or as a reward for having made a recommendation resulting in his employment81 by a client, except that he may pay the usual and reasonable fees or dues charged by any of the organizations listed in DR 2-103(D) .82 (C) A lawyer shall not request a person or organization to recommend or promote the use of his services or those of his partner or associate, or any other lawyer affiliated with him or his firm, as a private practitioner,83 except as authorized in DR 2-101. and except that (1) He may request referrals from a lawyer referral service operated, sponsored, or approved by a bar association and may pay its fees incident thereto.84 (2) He may cooperate with the legal service activities of any of the offices or organizations enumerated in DR 2-103(D) (1) through (4) and may perform legal services for those to whom he was recommended by it to do such work if: (a) The person to whom the recommendation is made is a member or beneficiary of such office or organizations and (b) The lawyer remains free to exercise his independent professional judgment on behalf of his client.85 (D) A lawyer or his partner or associate or any other lawyer affiliated with him or his firm may be recommended, employed or paid by, or may cooperate with, one of the following offices or organizations that promote the use of his services or those of his partner or associate or any other lawyer affiliated with him or his firm if there is no interference with the exercise of independent professional judgment in behalf of his client: (1) A legal aid office or public defender office: (a) Operated or sponsored by a duly accredited law school. (b) Operated or sponsored by a bona fide nonprofit community organization. (c) Operated or sponsored by a governmental agency. (d) Operated, sponsored, or approved by a bar association.86 (2) A military legal assistance office. (3) A lawyer referral service operated, sponsored, or approved by a bar association. (4) Any bona fide organization that recommends, furnishes or pays for legal services to its members or beneficiaries87 provided the following conditions are satisfied: (a) Such organization, including any affiliate, is so organized and operated that no profit is derived by it from the rendition of legal services by lawyers, and that, if the organization is organized for profit, the legal services are not rendered by lawyers employed, directed, supervised or selected by it except in connection with matters where such organization bears ultimate liability of its member or beneficiary. (b) Neither the lawyer, nor his partner, nor associate, nor any other lawyer affiliated with him or his firm, nor any non-lawyer, shall have initiated or promoted such organization for the primary purpose of providing financial or other benefit to such lawyer, partner, associate or affiliated lawyer. (c) Such organization is not operated for the purpose of procuring legal work or financial benefit for any lawyer as a private practitioner outside of the legal services program of the organization. (d) The member or beneficiary to whom the legal services are furnished, and not such organization, is recognized as the client of the lawyer in the matter. (e) Any member or beneficiary who is entitled to have legal services furnished or paid for by the organization may, if such member or beneficiary so desires, select counsel other than that furnished, selected or approved by the organization for the particular matter involved and the legal service plan of such organization provides appropriate relief for any member or beneficiary who asserts a claim that representation by counsel furnished, selected or approved would be unethical, improper or inadequate under the circumstances of the matter involved and the plan provides an appropriate procedure for seeking such relief. (f) The lawyer does not know or have cause to know that such organization is in violation of applicable laws, rules of court and other legal requirements that govern its legal service operations. (g) Such organization has filed with the appropriate disciplinary authority at least annually a report with respect to its legal service plan, if any, showing its terms, its schedule of benefits, its subscription charges, agreements with counsel, and financial results of its legal service activities or, if it has failed to do so, the lawyer does not know or have case to know of such failure.88 (E) A lawyer shall not accept employment when he knows or it is obvious that the person who seeks his services does so as a result of conduct prohibited under this Disciplinary Rule. DR 2-104 Suggestion of Need of Legal Services.89, 90 (A) A lawyer who has given unsolicited advice to a layman that he should obtain counsel or take legal action shall not accept employment resulting from that advice,91 except that: (1) A lawyer may accept employment by a close friend, relative, former client (if the advice is germane to the former employment), or one whom the lawyer reasonably believes to be a client.92 (2) A lawyer may accept employment that results from his participation in activities designed to educate laymen to recognize legal problems, to make intelligent selection of counsel, or to utilize available legal services if such activities are conducted or sponsored by a qualified legal assistance organization.93 (3) A lawyer who is recommended, furnished or paid by any of the offices or organizations enumerated in DR 2-103(D) (1) through (4)94 may represent a member or beneficiary thereof, to the extent and under the conditions prescribed therein. (4) Without affecting his right to accept employment, a lawyer may speak publicly or write for publication on legal topics95 so long as he does not emphasize his own professional experience or reputation and does not undertake to give individual advice. (5) If success in asserting rights or defenses of his client in litigation in the nature of a class action is dependent upon the joinder of others, a lawyer may accept, but shall not seek, employment from those contacted for the purpose of obtaining their joinder.96 DR 2-105 Limitation of Practice.97 (A) A lawyer shall not hold himself out publicly as a specialist, as practicing in certain areas of law or as limiting his practice permitted under DR 2-101(B). except as follows: (1) A lawyer admitted to practice before the United States Patent and Trademark Office may use the designation Patents, Patent Attorney, or Patent Lawyer, or Registered Patent Attorney or any combination of those terms, on his letterhead and office sign. (2) A lawyer who publicly discloses fields of law in which the lawyer or the law firm practices or states that his practice is limited to one or more fields of law shall do so by using designations and definitions authorized and approved by the agency having jurisdiction of the subject under state law. (3) A lawyer who is certified as a specialist in a particular field of law or law practice by the authority having jurisdiction under state law over the subject of specialization by lawyers may hold himself out as such, but only in accordance with the rules prescribed by that authority.98 DR 2-106 Fees for Legal Services.99 (A) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.100 (B) A fee is clearly excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (3) The fee customarily charged in the locality for similar legal services. (4) The amount involved and the results obtained. (5) The time limitations imposed by the client or by the circumstances. (6) The nature and length of the professional relationship with the client. (7) The experience, reputation, and ability of the lawyer or lawyers performing the services. (8) Whether the fee is fixed or contingent.101 (C) A lawyer shall not enter into an arrangement for, charge, or collect a contingent fee for representing a defendant in a criminal case.102 DR 2-107 Division of Fees Among Lawyers. (A) A lawyer shall not divide a fee for legal services with another lawyer who is not a partner in or associate of his law firm or law office, unless: (1) The client consents to employment of the other lawyer after a full disclosure that a division of fees will be made. (2) The division is made in proportion to the services performed and responsibility assumed by each.103 (3) The total fee of the lawyers does not clearly exceed reasonable compensation for all legal services they rendered the client.104 (B) This Disciplinary Rule does not prohibit payment to a former partner or associate pursuant to a separation or retirement agreement. DR 2-108 Agreements Restricting the Practice of a Lawyer. (A) A lawyer shall not be a party to or participate in a partnership or employment agreement with another lawyer that restricts the right of a lawyer to practice law after the termination of a relationship created by the agreement, except as a condition to payment of retirement benefits.105 (B) In connection with the settlement of a controversy or suit, a lawyer shall not enter into an agreement that restricts his right to practice law. DR 2-109 Acceptance of Employment. (A) A lawyer shall not accept employment on behalf of a person if he knows or it is obvious that such person wishes to: (1) Bring a legal action, conduct a defense, or assert a position in litigation, or otherwise have steps taken for him, merely for the purpose of harassing or maliciously injuring any person.106 (2) Present a claim or defense in litigation that is not warranted under existing law, unless it can be supported by good faith argument for an extension, modification, or reversal of existing law. DR 2-110 Withdrawal from Employment.107 (1) If permission for withdrawal from employment is required by the rules of a tribunal. a lawyer shall not withdraw from employment in a proceeding before that tribunal without its permission. (2) In any event, a lawyer shall not withdraw from employment until he has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, including giving due notice to his client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules. (3) A lawyer who withdraws from employment shall refund promptly any part of a fee paid in advance that has not been earned. (B) Mandatory withdrawal. A lawyer representing a client before a tribunal. with its permission if required by its rules, shall withdraw from employment, and a lawyer representing a client in other matters shall withdraw from employment, if: (1) He knows or it is obvious that his client is bringing the legal action, conducting the defense, or asserting a position in the litigation, or is otherwise having steps taken for him, merely for the purpose of harassing or maliciously injuring any person. (2) He knows or it is obvious that his continued employment will result in violation of a Disciplinary Rule.108 (3) His mental or physical condition renders it unreasonably difficult for him to carry out the employment effectively. (4) He is discharged by his client. (C) Permissive withdrawal.109 If DR 2-110(B) is not applicable, a lawyer may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because: (a) Insists upon presenting a claim or defense that is not warranted under existing law and cannot be supported by good faith argument for an extension, modification, or reversal of existing law.110 (b) Personally seeks to pursue an illegal course of conduct. (c) Insists that the lawyer pursue a course of conduct that is illegal or that is prohibited under the Disciplinary Rules. (d) By other conduct renders it unreasonably difficult for the lawyer to carry out his employment effectively. (e) Insists, in a matter not pending before a tribunal. that the lawyer engage in conduct that is contrary to the judgment and advice of the lawyer but not prohibited under the Disciplinary Rules. (f) Deliberately disregards an agreement or obligation to the lawyer as to expenses or fees. (2) His continued employment is likely to result in a violation of a Disciplinary Rule. (3) His inability to work with co-counsel indicates that the best interests of the client likely will be served by withdrawal. (4) His mental or physical condition renders it difficult for him to carry out the employment effectively. (5) His client knowingly and freely assents to termination of his employment. (6) He believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal. CANON 3. A Lawyer Should Assist in Preventing the Unauthorized Practice of Law The prohibition against the practice of law by a layman is grounded in the need of the public for integrity and competence of those who undertake to render legal services. Because of the fiduciary and personal character of the lawyer-client relationship and the inherently complex nature of our legal system, the public can better be assured of the requisite responsibility and competence if the practice of law is confined to those who are subject to the requirements and regulations imposed upon members of the legal profession. The sensitive variations in the considerations that bear on legal determinations often make it difficult even for a lawyer to exercise appropriate professional judgment, and it is therefore essential that the personal nature of the relationship of client and lawyer be preserved. Competent professional judgment is the product of a trained familiarity with law and legal processes, a disciplined, analytical approach to legal problems, and a firm ethical commitment. A non-lawyer who undertakes to handle legal matters is not governed as to integrity or legal competence by the same rules that govern the conduct of a lawyer. A lawyer is not only subject to that regulation but also is committed to high standards of ethical conduct. The public interest is best served in legal matters by a regulated profession committed to such standards.1 The Disciplinary Rules protect the public in that they prohibit a lawyer from seeking employment by improper overtures, from acting in cases of divided loyalties, and from submitting to the control of others in the exercise of his judgment. Moreover, a person who entrusts legal matters to a lawyer is protected by the attorney-client privilege and by the duty of the lawyer to hold inviolate the confidences and secrets of his client. A layman who seeks legal services often is not in a position to judge whether he will receive proper professional attention. The entrustment of a legal matter may well involve the confidences, the reputation, the property, the freedom, or even the life of the client. Proper protection of members of the public demands that no person be permitted to act in the confidential and demanding capacity of a lawyer unless he is subject to the regulations of the legal profession. It is neither necessary nor desirable to attempt the formulation of a single, specific definition of what constitutes the practice of law.2 Functionally, the practice of law relates to the rendition of services for others that call for the professional judgment of a lawyer. The essence of the professional judgment of the lawyer is his educated ability to relate the general body and philosophy of law to a specific legal problem of a client and thus, the public interest will be better served if only lawyers are permitted to act in matters involving professional judgment. Where this professional judgment is not involved, non-lawyers, such as court clerks, police officers, abstracters, and many governmental employees, may engage in occupations that require a special knowledge of law in certain areas. But the services of a lawyer are essential in the public interest whenever the exercise of professional legal judgment is required. A lawyer often delegates tasks to clerks, secretaries, and other lay persons. Such delegation is proper if the lawyer maintains a direct relationship with his client, supervises the delegated work, and has complete professional responsibility for the work product.3 This delegation enables a lawyer to render legal service more economically and efficiently. The prohibition against a non-lawyer practicing law does not prevent a layman from representing himself, for then he is ordinarily exposing only himself to possible injury. The purpose of the legal profession is to make educated legal representation available to the public but anyone who does not wish to avail himself of such representation is not required to do so. Even so, the legal profession should help members of the public to recognize legal problems and to understand why it may be unwise for them to act for themselves in matters having legal consequences. Since a lawyer should not aid or encourage a layman to practice law, he should not practice law in association with a layman or otherwise share legal fees with a layman.4 This does not mean, however, that the pecuniary value of the interest of a deceased lawyer in his firm or practice may not be paid to his estate or specified persons such as his widow or heirs.5 In like manner, profit-sharing retirement plans of a lawyer or law firm which include non-lawyer office employees are not improper.6 These limited exceptions to the rule against sharing legal fees with laymen are permissible since they do not aid or encourage laymen to practice law. Regulation of the practice of law is accomplished principally by the respective states.7 Authority to engage in the practice of law conferred in any jurisdiction is not per se a grant of the right to practice elsewhere, and it is improper for a lawyer to engage in practice where he is not permitted by law or by court order to do so. However, the demands of business and the mobility of our society pose distinct problems in the regulation of the practice of law by the states.8 In furtherance of the public interest, the legal profession should discourage regulation that unreasonably imposes territorial limitations upon the right of a lawyer to handle the legal affairs of his client or upon the opportunity of a client to obtain the services of a lawyer of his choice in all matters including the presentation of a contested matter in a tribunal before which the lawyer is not permanently admitted to practice.9 DR 3-101 Aiding Unauthorized Practice of Law.10 (A) A lawyer shall not aid a non-lawyer in the unauthorized practice of law.11 (B) A lawyer shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction.12 DR 3-102 Dividing Legal Fees with a Non-Lawyer. (A) A lawyer or law firm shall not share legal fees with a non-lawyer,13 except that: (1) An agreement by a lawyer with his firm, partner, or associate may provide for the payment of money, over a reasonable period of time after his death, to his estate or to one or more specified persons.14 (2) A lawyer who undertakes to complete unfinished legal business of a deceased lawyer may pay to the estate of the deceased lawyer that proportion of the total compensation which fairly represents the services rendered by the deceased lawyer. (3) A lawyer or law firm may include non-lawyer employees in a retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement,15 providing such plan does not circumvent another Disciplinary Rule.16. 17 DR 3-103 Forming a Partnership with a Non-Lawyer. (A) A lawyer shall not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law.18 CANON 4. A Lawyer Should Preserve the Confidences and Secrets of a Client Both the fiduciary relationship existing between lawyer and client and the proper functioning of the legal system require the preservation by the lawyer of confidences and secrets of one who has employed or sought to employ him.1 A client must feel free to discuss whatever he wishes with his lawyer and a lawyer must be equally free to obtain information beyond that volunteered by his client.2 A lawyer should be fully informed of all the facts of the matter he is handling in order for his client to obtain the full advantage of our legal system. It is for the lawyer in the exercise of his independent professional judgment to separate the relevant and important from the irrelevant and unimportant. The observance of the ethical obligation of a lawyer to hold inviolate the confidences and secrets of his client not only facilitates the full development of facts essential to proper representation of the client but also encourages laymen to seek early legal assistance. The obligation to protect confidences and secrets obviously does not preclude a lawyer from revealing information when his client consents after full disclosure,3 when necessary to perform his professional employment, when permitted by a Disciplinary Rule, or when required by law. Unless the client otherwise directs, a lawyer may disclose the affairs of his client to partners or associates of his firm. It is a matter of common knowledge that the normal operation of a law office exposes confidential professional information to non-lawyer employees of the office, particularly secretaries and those having access to the files and this obligates a lawyer to exercise care in selecting and training his employees so that the sanctity of all confidences and secrets of his clients may be preserved. If the obligation extends to two or more clients as to the same information, a lawyer should obtain the permission of all before revealing the information. A lawyer must always be sensitive to the rights and wishes of his client and act scrupulously in the making of decisions which may involve the disclosure of information obtained in his professional relationship.4 Thus, in the absence of consent of his client after full disclosure, a lawyer should not associate another lawyer in the handling of a matter nor should he, in the absence of consent, seek counsel from another lawyer if there is a reasonable possibility that the identity of the client or his confidences or secrets would be revealed to such lawyer. Both social amenities and professional duty should cause a lawyer to shun indiscreet conversations concerning his clients. Unless the client otherwise directs, it is not improper for a lawyer to give limited information from his files to an outside agency necessary for statistical, bookkeeping, accounting, data processing, banking, printing, or other legitimate purposes, provided he exercises due care in the selection of the agency and warns the agency that the information must be kept confidential. The attorney-client privilege is more limited than the ethical obligation of a lawyer to guard the confidences and secrets of his client. This ethical precept, unlike the evidentiary privilege, exists without regard to the nature or source of information or the fact that others share the knowledge. A lawyer should endeavor to act in a manner which preserves the evidentiary privilege for example, he should avoid professional discussions in the presence of persons to whom the privilege does not extend. A lawyer owes an obligation to advise the client of the attorney-client privilege and timely to assert the privilege unless it is waived by the client. A lawyer should not use information acquired in the course of the representation of a client to the disadvantage of the client and a lawyer should not use, except with the consent of his client after full disclosure, such information for his own purposes.5 Likewise, a lawyer should be diligent in his efforts to prevent the misuse of such information by his employees and associates.6 Care should be exercised by a lawyer to prevent the disclosure of the confidences and secrets of one client to another,7 and no employment should be accepted that might require such disclosure. The obligation of a lawyer to preserve the confidences and secrets of his client continues after the termination of his employment.8 Thus a lawyer should not attempt to sell a law practice as a going business because, among other reasons, to do so would involve the disclosure of confidences and secrets.9 A lawyer should also provide for the protection of the confidences and secrets of his client following the termination of the practice of the lawyer, whether termination is due to death, disability, or retirement. For example, a lawyer might provide for the personal papers of the client to be returned to him and for the papers of the lawyer to be delivered to another lawyer or to be destroyed. In determining the method of disposition, the instructions and wishes of the client should be a dominant consideration. DR 4-101 Preservation of Confidences and Secrets of a Client.10 (A) Confidence refers to information protected by the attorney-client privilege under applicable law, and secret refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client. (B) Except when permitted under DR 4-101(C). a lawyer shall not knowingly: (1) Reveal a confidence or secret of his client.11 (2) Use a confidence or secret of his client to the disadvantage of the client. (3) Use a confidence or secret of his client for the advantage of himself12 or of a third person,13 unless the client consents after full disclosure. (C) A lawyer may reveal: (1) Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.14 (2) Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.15 (3) The intention of his client to commit a crime16 and the information necessary to prevent the crime.17 (4) Confidences or secrets necessary to establish or collect his fee18 or to defend himself or his employees or associates against an accusation of wrongful conduct.19 (D) A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client, except that a lawyer may reveal the information allowed by DR 4-101(C) through an employee. CANON 5. A Lawyer Should Exercise Independent Professional Judgment on Behalf of a Client The professional judgment of a lawyer should be exercised, within the bounds of the law, solely for the benefit of his client and free of compromising influences and loyalties.1 Neither his personal interests, the interests of other clients, nor the desires of third persons should be permitted to dilute his loyalty to his client. Interests of a Lawyer That May Affect His Judgment A lawyer should not accept proffered employment if his personal interests or desires will, or there is a reasonable probability that they will, affect adversely the advice to be given or services to be rendered the prospective client.2 After accepting employment, a lawyer carefully should refrain from acquiring a property right or assuming a position that would tend to make his judgment less protective of the interests of his client. The self-interest of a lawyer resulting from his ownership of property in which his client also has an interest or which may affect property of his client may interfere with the exercise of free judgment on behalf of his client. If such interference would occur with respect to a prospective client, a lawyer should decline employment proffered by him. After accepting employment, a lawyer should not acquire property rights that would adversely affect his professional judgment in the representation of his client. Even if the property interests of a lawyer do not presently interfere with the exercise of his independent judgment, but the likelihood of interference can reasonably be foreseen by him, a lawyer should explain the situation to his client and should decline employment or withdraw unless the client consents to the continuance of the relationship after full disclosure. A lawyer should not seek to persuade his client to permit him to invest in an undertaking of his client nor make improper use of his professional relationship to influence his client to invest in an enterprise in which the lawyer is interested. If, in the course of his representation of a client, a lawyer is permitted to receive from his client a beneficial ownership in publication rights relating to the subject matter of the employment, he may be tempted to subordinate the interests of his client to his own anticipated pecuniary gain. For example, a lawyer in a criminal case who obtains from his client television, radio, motion picture, newspaper, magazine, book, or other publication rights with respect to the case may be influenced, consciously or unconsciously, to a course of conduct that will enhance the value of his publication rights to the prejudice of his client. To prevent these potentially differing interests. such arrangements should be scrupulously avoided prior to the termination of all aspects of the matter giving rise to the employment, even though his employment has previously ended. A lawyer should not suggest to his client that a gift be made to himself or for his benefit. If a lawyer accepts a gift from his client, he is peculiarly susceptible to the charge that he unduly influenced or overreached the client. If a client voluntarily offers to make a gift to his lawyer, the lawyer may accept the gift, but before doing so, he should urge that his client secure disinterested advice from an independent, competent person who is cognizant of all the circumstances.3 Other than in exceptional circumstances, a lawyer should insist that an instrument in which his client desires to name him beneficially be prepared by another lawyer selected by the client.4 A lawyer should not consciously influence a client to name him as executor, trustee, or lawyer in an instrument. In those cases where a client wishes to name his lawyer as such, care should be taken by the lawyer to avoid even the appearance of impropriety.5 The possibility of an adverse effect upon the exercise of free judgment by a lawyer on behalf of his client during litigation generally makes it undesirable for the lawyer to acquire a proprietary interest in the cause of his client or otherwise to become financially interested in the outcome of the litigation.6 However, it is not improper for a lawyer to protect his right to collect a fee for his services by the assertion of legally permissible liens, even though by doing so he may acquire an interest in the outcome of litigation. Although a contingent fee arrangement7 gives a lawyer a financial interest in the outcome of litigation, a reasonable contingent fee is permissible in civil cases because it may be the only means by which a layman can obtain the services of a lawyer of his choice. But a lawyer, because he is in a better position to evaluate a cause of action, should enter into a contingent fee arrangement only in those instances where the arrangement will be beneficial to the client. A financial interest in the outcome of litigation also results if monetary advances are made by the lawyer to his client.8 Although this assistance generally is not encouraged, there are instances when it is not improper to make loans to a client. For example, the advancing or guaranteeing of payment of the costs and expenses of litigation by a lawyer may be the only way a client can enforce his cause of action,9 but the ultimate liability for such costs and expenses must be that of the client. Occasionally a lawyer is called upon to decide in a particular case whether he will be a witness or an advocate. If a lawyer is both counsel and witness, he becomes more easily impeachable for interest and thus may be a less effective witness. Conversely, the opposing counsel may be handicapped in challenging the credibility of the lawyer when the lawyer also appears as an advocate in the case. An advocate who becomes a witness is in the unseemly and ineffective position of arguing his own credibility. The roles of an advocate and of a witness are inconsistent the function of an advocate is to advance or argue the cause of another, while that of a witness is to state facts objectively. Problems incident to the lawyer-witness relationship arise at different stages they relate either to whether a lawyer should accept employment or should withdraw from employment.10 Regardless of when the problem arises, his decision is to be governed by the same basic considerations. It is not objectionable for a lawyer who is a potential witness to be an advocate if it is unlikely that he will be called as a witness because his testimony would be merely cumulative or if his testimony will relate only to an uncontested issue.11 In the exceptional situation where it will be manifestly unfair to the client for the lawyer to refuse employment or to withdraw when he will likely be a witness on a contested issue, he may serve as advocate even though he may be a witness.12 In making such decision, he should determine the personal or financial sacrifice of the client that may result from his refusal of employment or withdrawal therefrom, the materiality of his testimony, and the effectiveness of his representation in view of his personal involvement. In weighing these factors, it should be clear that refusal or withdrawal will impose an unreasonable hardship upon the client before the lawyer accepts or continues the employment.13 Where the question arises, doubts should be resolved in favor of the lawyer testifying and against his becoming or continuing as an advocate.14 A lawyer should not permit his personal interests to influence his advice relative to a suggestion by his client that additional counsel be employed.15 In like manner, his personal interests should not deter him from suggesting that additional counsel be employed on the contrary, he should be alert to the desirability of recommending additional counsel when, in his judgment, the proper representation of his client requires it. However, a lawyer should advise his client not to employ additional counsel suggested by the client if the lawyer believes that such employment would be a disservice to the client, and he should disclose the reasons for his belief. Inability of co-counsel to agree on a matter vital to the representation of their client requires that their disagreement be submitted by them jointly to their client for his resolution, and the decision of the client shall control the action to be taken.16 A lawyer should not maintain membership in or be influenced by any organization of employees that undertakes to prescribe, direct, or suggest when or how he should fulfill his professional obligations to a person or organization that employs him as a lawyer. Although it is not necessarily improper for a lawyer employed by a corporation or similar entity to be a member of an organization of employees, he should be vigilant to safeguard his fidelity as a lawyer to his employer, free from outside influences. Interests of Multiple Clients Maintaining the independence of professional judgment required of a lawyer precludes his acceptance or continuation of employment that will adversely affect his judgment on behalf of or dilute his loyalty to a client.17 This problem arises whenever a lawyer is asked to represent two or more clients who may have differing interests. whether such interests be conflicting, inconsistent, diverse, or otherwise discordant.18 If a lawyer is requested to undertake or to continue representation of multiple clients having potentially differing interests. he must weigh carefully the possibility that his judgment may be impaired or his loyalty divided if he accepts or continues the employment. He should resolve all doubts against the propriety of the representation. A lawyer should never represent in litigation multiple clients with differing interest19 and there are few situations in which he would be justified in representing in litigation multiple clients with potentially differing interests. If a lawyer accepted such employment and the interests did become actually differing, he would have to withdraw from employment with likelihood of resulting hardship on the clients and for this reason it is preferable that he refuse the employment initially. On the other hand, there are many instances in which a lawyer may properly serve multiple clients having potentially differing interests in matters not involving litigation. If the interests vary only slightly, it is generally likely that the lawyer will not be subjected to an adverse influence and that he can retain his independent judgment on behalf of each client and if the interests become differing, withdrawal is less likely to have a disruptive effect upon the causes of his clients. In those instances in which a lawyer is justified in representing two or more clients having differing interests. it is nevertheless essential that each client be given the opportunity to evaluate his need for representation free of any potential conflict and to obtain other counsel if he so desires.20 Thus before a lawyer may represent multiple clients, he should explain fully to each client the implications of the common representation and should accept or continue employment only if the clients consent.21 If there are present other circumstances that might cause any of the multiple clients to question the undivided loyalty of the lawyer, he should also advise all of the clients of those circumstances.22 Typically recurring situations involving potentially differing interests are those in which a lawyer is asked to represent co-defendants in a criminal case, co-plaintiffs in a personal injury case, an insured and his insurer,23 and beneficiaries of the estate of a decedent. Whether a lawyer can fairly and adequately protect the interests of multiple clients in these and similar situations depends upon an analysis of each case. In certain circumstances, there may exist little chance of the judgment of the lawyer being adversely affected by the slight possibility that the interests will become actually differing in other circumstances, the chance of adverse effect upon his judgment is not unlikely. A lawyer employed or retained by a corporation or similar entity owes his allegiance to the entity and not to a stockholder, director, officer, employee, representative, or other person connected with the entity. In advising the entity, a lawyer should keep paramount its interests and his professional judgment should not be influenced by the personal desires of any person or organization. Occasionally a lawyer for an entity is requested by a stockholder, director, officer, employee, representative, or other person connected with the entity to represent him in an individual capacity in such case the lawyer may serve the individual only if the lawyer is convinced that differing interests are not present. A lawyer may represent several clients whose interests are not actually or potentially differing. Nevertheless, he should explain any circumstances that might cause a client to question his undivided loyalty.24 Regardless of the belief of a lawyer that he may properly represent multiple clients, he must defer to a client who holds the contrary belief and withdraw from representation of that client. A lawyer is often asked to serve as an impartial arbitrator or mediator in matters which involve present or former clients. He may serve in either capacity if he first discloses such present or former relationships. After a lawyer has undertaken to act as an impartial arbitrator or mediator, he should not thereafter represent in the dispute any of the parties involved. Desires of Third Persons The obligation of a lawyer to exercise professional judgment solely on behalf of his client requires that he disregard the desires of others that might impair his free judgment.25 The desires of a third person will seldom adversely affect a lawyer unless that person is in a position to exert strong economic, political, or social pressures upon the lawyer. These influences are often subtle, and a lawyer must be alert to their existence. A lawyer subjected to outside pressures should make full disclosure of them to his client26 and if he or his client believes that the effectiveness of his representation has been or will be impaired thereby, the lawyer should take proper steps to withdraw from representation of his client. Economic, political, or social pressures by third persons are less likely to impinge upon the independent judgment of a lawyer in a matter in which he is compensated directly by his client and his professional work is exclusively with his client. On the other hand, if a lawyer is compensated from a source other than his client, he may feel a sense of responsibility to someone other than his client. A person or organization that pays or furnishes lawyers to represent others possesses a potential power to exert strong pressures against the independent judgment of those lawyers. Some employers may be interested in furthering their own economic, political, or social goals without regard to the professional responsibility of the lawyer to his individual client. Others may be far more concerned with establishment or extension of legal principles than in the immediate protection of the rights of the lawyers individual client. On some occasions, decisions on priority of work may be made by the employer rather than the lawyer with the result that prosecution of work already undertaken for clients is postponed to their detriment. Similarly, an employer may seek, consciously or unconsciously, to further its own economic interests through the action of the lawyers employed by it. Since a lawyer must always be free to exercise his professional judgment without regard to the interests or motives of a third person, the lawyer who is employed by one to represent another must constantly guard against erosion of his professional freedom.27 To assist a lawyer in preserving his professional independence, a number of courses are available to him. For example, a lawyer should not practice with or in the form of a professional legal corporation. even though the corporate form is permitted by law,28 if any director, officer, or stockholder of it is a non-lawyer. Although a lawyer may be employed by a business corporation with non-lawyers serving as directors or officers, and they necessarily have the right to make decisions of business policy, a lawyer must decline to accept direction of his professional judgment from any layman. Various types of legal aid offices are administered by boards of directors composed of lawyers and laymen. A lawyer should not accept employment from such an organization unless the board sets only broad policies and there is no interference in the relationship of the lawyer and the individual client he serves. Where a lawyer is employed by an organization, a written agreement that defines the relationship between him and the organization and provides for his independence is desirable since it may serve to prevent misunderstanding as to their respective roles. Although other innovations in the means of supplying legal counsel may develop, the responsibility of the lawyer to maintain his professional independence remains constant, and the legal profession must insure that changing circumstances do not result in loss of the professional independence of the lawyer. DR 5-101 Refusing Employment When the Interests of the Lawyer May Impair His Independent Professional Judgment (A) Except with the consent of his client after full disclosure, a lawyer shall not accept employment if the exercise of his professional judgment on behalf of his client will be or reasonably may be affected by his own financial, business, property, or personal interests.29 (B) A lawyer shall not accept employment in contemplated or pending litigation if he knows or it is obvious that he or a lawyer in his firm ought to be called as a witness, except that he may undertake the employment and he or a lawyer in his firm may testify: (1) If the testimony will relate solely to an uncontested matter. (2) If the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony. (3) If the testimony will relate solely to the nature and value of legal services rendered in the case by the lawyer or his firm to the client. (4) As to any matter, if refusal would work a substantial hardship on the client because of the distinctive value of the lawyer or his firm as counsel in the particular case. DR 5-102 Withdrawal as Counsel When the Lawyer Becomes a Witness.30 (A) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm ought to be called as a witness on behalf of his client, he shall withdraw from the conduct of the trial and his firm, if any, shall not continue the representation in the trial, except that he may continue the representation and he or a lawyer in his firm may testify in the circumstances enumerated in DR 5-101(B) (1) through (4). (B) If, after undertaking employment in contemplated or pending litigation, a lawyer learns or it is obvious that he or a lawyer in his firm may be called as a witness other than on behalf of his client, he may continue the representation until it is apparent that his testimony is or may be prejudicial to his client.31 DR 5-103 Avoiding Acquisition of Interest in Litigation. (A) A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation he is conducting for a client,32 except that he may: (1) Acquire a lien granted by law to secure his fee or expenses. (2) Contract with a client for a reasonable contingent fee in a civil case.33 (B) While representing a client in connection with contemplated or pending litigation, a lawyer shall not advance or guarantee financial assistance to his client,34 except that a lawyer may advance or guarantee the expenses of litigation, including court costs, expenses of investigation, expenses of medical examination, and costs of obtaining and presenting evidence, provided the client remains ultimately liable for such expenses. DR 5-104 Limiting Business Relations with a Client. (A) A lawyer shall not enter into a business transaction with a client if they have differing interests therein and if the client expects the lawyer to exercise his professional judgment therein for the protection of the client, unless the client has consented after full disclosure. (B) Prior to conclusion of all aspects of the matter giving rise to his employment, a lawyer shall not enter into any arrangement or understanding with a client or a prospective client by which he acquires an interest in publication rights with respect to the subject matter of his employment or proposed employment. DR 5-105 Refusing to Accept or Continue Employment If the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer. (A) A lawyer shall decline proffered employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment,35 or if it would likely to involve him in representing differing interests ,36 except to the extent permitted under DR 5-105(C) .37 (B) A lawyer shall not continue multiple employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by his representation of another client, or if it would be likely to involve him in representing differing interests ,38 except to the extent permitted under DR 5-105(C) .39 (C) In the situations covered by DR 5-105(A) and (B). a lawyer may represent multiple clients if it is obvious that he can adequately represent the interest of each and if each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each. (D) If a lawyer is required to decline employment or to withdraw from employment under a Disciplinary Rule, no partner, or associate, or any other lawyer affiliated with him40 or his firm, may accept or continue such employment. DR 5-106 Settling Similar Claims of Clients.41 (A) A lawyer who represents two or more clients shall not make or participate in the making of an aggregate settlement of the claims of or against his clients, unless each client has consented to the settlement after being advised of the existence and nature of all the claims involved in the proposed settlement, of the total amount of the settlement, and of the participation of each person in the settlement. DR 5-107 Avoiding Influence by Others than the Client. (A) Except with the consent of his client after full disclosure, a lawyer shall not: (1) Accept compensation for his legal services from one other than his client. (2) Accept from one other than his client any thing of value related to his representation of or his employment by his client.42 (B) A lawyer shall not permit a person who recommends, employs, or pays him to render legal services for another to direct or regulate his professional judgment in rendering such legal services.43 (C) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: (1) A non-lawyer owns any interest therein,44 except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration (2) A non-lawyer is a corporate director or officer thereof45 or (3) A non-lawyer has the right to direct or control the professional judgment of a lawyer.46 CANON 6. A Lawyer Should Represent a Client Competently Because of his vital role in the legal process, a lawyer should act with competence and proper care in representing clients. He should strive to become and remain proficient in his practice1 and should accept employment only in matters which he is or intends to become competent to handle. A lawyer is aided in attaining and maintaining his competence by keeping abreast of current legal literature and developments, participating in continuing legal education programs,2 concentrating in particular areas of the law, and by utilizing other available means. He has the additional ethical obligation to assist in improving the legal profession, and he may do so by participating in bar activities intended to advance the quality and standards of members of the profession. Of particular importance is the careful training of his younger associates and the giving of sound guidance to all lawyers who consult him. In short, a lawyer should strive at all levels to aid the legal profession in advancing the highest possible standards of integrity and competence and to meet those standards himself. While the licensing of a lawyer is evidence that he has met the standards then prevailing for admission to the bar, a lawyer generally should not accept employment in any area of the law in which he is not qualified.3 However, he may accept such employment if in good faith he expects to become qualified through study and investigation, as long as such preparation would not result in unreasonable delay or expense to his client. Proper preparation and representation may require the association by the lawyer of professionals in other disciplines. A lawyer offered employment in a matter in which he is not and does not expect to become so qualified should either decline the employment or, with the consent of his client, accept the employment and associate a lawyer who is competent in the matter. Having undertaken representation, a lawyer should use proper care to safeguard the interests of his client. If a lawyer has accepted employment in a matter beyond his competence but in which he expected to become competent, he should diligently undertake the work and study necessary to qualify himself. In addition to being qualified to handle a particular matter, his obligation to his client requires him to prepare adequately for and give appropriate attention to his legal work. A lawyer should have pride in his professional endeavors. His obligation to act competently calls for higher motivation than that arising from fear of civil liability or disciplinary penalty. A lawyer should not seek, by contract or other means, to limit his individual liability to his client for his malpractice. A lawyer who handles the affairs of his client properly has no need to attempt to limit his liability for his professional activities and one who does not handle the affairs of his client properly should not be permitted to do so. A lawyer who is a stockholder in or is associated with a professional legal corporation may, however, limit his liability for malpractice of his associates in the corporation, but only to the extent permitted by law.4 DR 6-101 Failing to Act Competently. (A) A lawyer shall not: (1) Handle a legal matter which he knows or should know that he is not competent to handle, without associating with him a lawyer who is competent to handle it. (2) Handle a legal matter without preparation adequate in the circumstances. (3) Neglect a legal matter entrusted to him.5 DR 6-102 Limiting Liability to Client. (A) A lawyer shall not attempt to exonerate himself from or limit his liability to his client for his personal malpractice. CANON 7. A Lawyer Should Represent a Client Zealously Within the Bounds of the Law The duty of a lawyer, both to his client1 and to the legal system, is to represent his client zealously2 within the bounds of the law,3 which includes Disciplinary Rules and enforceable professional regulations.4 The professional responsibility of a lawyer derives from his membership in a profession which has the duty of assisting members of the public to secure and protect available legal rights and benefits. In our government of laws and not of men, each member of our society is entitled to have his conduct judged and regulated in accordance with the law5 to seek any lawful objective6 through legally permissible means7 and to present for adjudication any lawful claim, issue, or defense. The bounds of the law in a given case are often difficult to ascertain.8 The language of legislative enactments and judicial opinions may be uncertain as applied to varying factual situations. The limits and specific meaning of apparently relevant law may be made doubtful by changing or developing constitutional interpretations, inadequately expressed statutes or judicial opinions, and changing public and judicial attitudes. Certainty of law ranges from well-settled rules through areas of conflicting authority to areas without precedent. Where the bounds of law are uncertain, the action of a lawyer may depend on whether he is serving as advocate or adviser. A lawyer may serve simultaneously as both advocate and adviser, but the two roles are essentially different.9 In asserting a position on behalf of his client, an advocate for the most part deals with past conduct and must take the facts as he finds them. By contrast, a lawyer serving as adviser primarily assists his client in determining the course of future conduct and relationships. While serving as advocate, a lawyer should resolve in favor of his client doubts as to the bounds of the law.10 In serving a client as adviser, a lawyer in appropriate circumstances should give his professional opinion as to what the ultimate decisions of the courts would likely be as to the applicable law. Duty of the Lawyer to a Client The advocate may urge any permissible construction of the law favorable to his client, without regard to his professional opinion as to the likelihood that the construction will ultimately prevail.11 His conduct is within the bounds of the law, and therefore permissible, if the position taken is supported by the law or is supportable by a good faith argument for an extension, modification, or reversal of the law. However, a lawyer is not justified in asserting a position in litigation that is frivolous.12 A lawyer as adviser furthers the interest of his client by giving his professional opinion as to what he believes would likely be the ultimate decision of the courts on the matter at hand and by informing his client of the practical effect of such decision.13 He may continue in the representation of his client even though his client has elected to pursue a course of conduct contrary to the advice of the lawyer so long as he does not thereby knowingly assist the client to engage in illegal conduct or to take a frivolous legal position. A lawyer should never encourage or aid his client to commit criminal acts or counsel his client on how to violate the law and avoid punishment therefor.14 Whether the proposed action of a lawyer is within the bounds of the law may be a perplexing question when his client is contemplating a course of conduct having legal consequences that vary according to the clients intent, motive, or desires at the time of the action. Often a lawyer is asked to assist his client in developing evidence relevant to the state of mind of the client at a particular time. He may properly assist his client in the development and preservation of evidence of existing motive, intent, or desire obviously, he may not do anything furthering the creation or preservation of false evidence. In many cases a lawyer may not be certain as to the state of mind of his client, and in those situations he should resolve reasonable doubts in favor of his client. In certain areas of legal representation not affecting the merits of the cause or substantially prejudicing the rights of a client, a lawyer is entitled to make decisions on his own. But otherwise the authority to make decisions is exclusively that of the client and, if made within the framework of the law, such decisions are binding on his lawyer. As typical examples in civil cases, it is for the client to decide whether he will accept a settlement offer or whether he will waive his right to plead an affirmative defense. A defense lawyer in a criminal case has the duty to advise his client fully on whether a particular plea to a charge appears to be desirable and as to the prospects of success on appeal, but it is for the client to decide what plea should be entered and whether an appeal should be taken.15 A lawyer should exert his best efforts to insure that decisions of his client are made only after the client has been informed of relevant considerations. A lawyer ought to initiate this decision-making process if the client does not do so. Advice of a lawyer to his client need not be confined to purely legal considerations.16 A lawyer should advise his client of the possible effect of each legal alternative.17 A lawyer should bring to bear upon this decision-making process the fullness of his experience as well as his objective viewpoint.18 In assisting his client to reach a proper decision, it is often desirable for a lawyer to point out those factors which may lead to a decision that is morally just as well as legally permissible.19 He may emphasize the possibility of harsh consequences that might result from assertion of legally permissible positions. In the final analysis, however, the lawyer should always remember that the decision whether to forego legally available objectives or methods because of non-legal factors is ultimately for the client and not for himself. In the event that the client in a non-adjudicatory matter insists upon a course of conduct that is contrary to the judgment and advice of the lawyer but not prohibited by Disciplinary Rules, the lawyer may withdraw from the employment.20 In the exercise of his professional judgment on those decisions which are for his determination in the handling of a legal matter,21 a lawyer should always act in a manner consistent with the best interests of his client.22 However, when an action in the best interest of his client seems to him to be unjust, he may ask his client for permission to forego such action. The duty of a lawyer to represent his client with zeal does not militate against his concurrent obligation to treat with consideration all persons involved in the legal process and to avoid the infliction of needless harm. The responsibilities of a lawyer may vary according to the intelligence, experience, mental condition or age of a client, the obligation of a public officer, or the nature of a particular proceeding. Examples include the representation of an illiterate or an incompetent, service as a public prosecutor or other government lawyer, and appearances before administrative and legislative bodies. Any mental or physical condition of a client that renders him incapable of making a considered judgment on his own behalf casts additional responsibilities upon his lawyer. Where an incompetent is acting through a guardian or other legal representative, a lawyer must look to such representative for those decisions which are normally the prerogative of the client to make. If a client under disability has no legal representative, his lawyer may be compelled in court proceedings to make decisions on behalf of the client. If the client is capable of understanding the matter in question or of contributing to the advancement of his interests, regardless of whether he is legally disqualified from performing certain acts, the lawyer should obtain from him all possible aid. If the disability of a client and the lack of a legal representative compel the lawyer to make decisions for his client, the lawyer should consider all circumstances then prevailing and act with care to safeguard and advance the interests of his client. But obviously a lawyer cannot perform any act or make any decision which the law requires his client to perform or make, either acting for himself if competent, or by a duly constituted representative if legally incompetent. The responsibility of a public prosecutor differs from that of the usual advocate his duty is to seek justice, not merely to convict.23 This special duty exists because: (1) the prosecutor represents the sovereign and therefore should use restraint in the discretionary exercise of governmental powers, such as in the selection of cases to prosecute (2) during trial the prosecutor is not only an advocate but he also may make decisions normally made by an individual client, and those affecting the public interest should be fair to all and (3) in our system of criminal justice the accused is to be given the benefit of all reasonable doubts. With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice: the prosecutor should make timely disclosure to the defense of available evidence, known to him, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he believes it will damage the prosecutors case or aid the accused. A government lawyer who has discretionary power relative to litigation should refrain from instituting or continuing litigation that is obviously unfair. A government lawyer not having such discretionary power who believes there is lack of merit in a controversy submitted to him should so advise his superiors and recommend the avoidance of unfair litigation. A government lawyer in a civil action or administrative proceeding has the responsibility to seek justice and to develop a full and fair record, and he should not use his position or the economic power of the government to harass parties or to bring about unjust settlements or results. The nature and purpose of proceedings before administrative agencies vary widely. The proceedings may be legislative or quasi-judicial, or a combination of both. They may be ex parte in character, in which event they may originate either at the instance of the agency or upon motion of an interested party. The scope of an inquiry may be purely investigative or it may be truly adversary looking toward the adjudication of specific rights of a party or of classes of parties. The foregoing are but examples of some of the types of proceedings conducted by administrative agencies. A lawyer appearing before an administrative agency,24 regardless of the nature of the proceeding it is conducting, has the continuing duty to advance the cause of his client within the bounds of the law.25 Where the applicable rules of the agency impose specific obligations upon a lawyer, it is his duty to comply therewith, unless the lawyer has a legitimate basis for challenging the validity thereof. In all appearances before administrative agencies, a lawyer should identify himself, his client if identity of his client is not privileged26 and the representative nature of his appearance. It is not improper, however, for a lawyer to seek from an agency information available to the public without identifying his client. The primary business of a legislative body is to enact laws rather than to adjudicate controversies, although on occasion the activities of a legislative body may take on the characteristics of an adversary proceeding, particularly in investigative and impeachment matters. The role of a lawyer supporting or opposing proposed legislation normally is quite different from his role in representing a person under investigation or on trial by a legislative body. When a lawyer appears in connection with proposed legislation, he seeks to affect the lawmaking process, but when he appears on behalf of a client in investigatory or impeachment proceedings, he is concerned with the protection of the rights of his client. In either event, he should identify himself and his client, if identity of his client is not privileged, and should comply with applicable laws and legislative rules.27 The obligation of loyalty to his client applies only to a lawyer in the discharge of his professional duties and implies no obligation to adopt a personal viewpoint favorable to the interests or desires of his client.28 While a lawyer must act always with circumspection in order that his conduct will not adversely affect the rights of a client in a matter he is then handling, he may take positions on public issues and espouse legal reforms he favors without regard to the individual views of any client. The legal system in its broadest sense functions best when persons in need of legal advice or assistance are represented by their own counsel. For this reason a lawyer should not communicate on the subject matter of the representation of his client with a person he knows to be represented in the matter by a lawyer, unless pursuant to law or rule of court or unless he has the consent of the lawyer for that person.29 If one is not represented by counsel, a lawyer representing another may have to deal directly with the unrepresented person in such an instance, a lawyer should not undertake to give advice to the person who is attempting to represent himself,30 except that he may advise him to obtain a lawyer. Duty of the Lawyer to the Adversary System of Justice Our legal system provides for the adjudication of disputes governed by the rules of substantive, evidentiary, and procedural law. An adversary presentation counters the natural human tendency to judge too swiftly in terms of the familiar that which is not yet fully known,31 the advocate, by his zealous preparation and presentation of fact and law, enables the tribunal to come to the hearing with an open and neutral mind and to render impartial judgments.32 The duty of a lawyer to his client and his duty to the legal system are the same to represent his client zealously within the bounds of the law.33 In order to function properly, our adjudicative process requires an informed, impartial tribunal capable of administering justice promptly and efficiently34 according to procedures that command public confidence and respect.35 Not only must there be competent, adverse presentation of evidence and issues, but a tribunal must be aided by rules appropriate to an effective and dignified process. The procedures under which tribunals operate in our adversary system have been prescribed largely by legislative enactments, court rules and decisions, and administrative rules. Through the years certain concepts of proper professional conduct have become rules of law applicable to the adversary adjudicative process. Many of these concepts are the bases for standards of professional conduct set forth in the Disciplinary Rules. The civil adjudicative process is primarily designed for the settlement of disputes between parties, while the criminal process is designed for the protection of society as a whole. Threatening to use, or using, the criminal process to coerce adjustment of private civil claims or controversies is a subversion of that process36 further, the person against whom the criminal process is so misused may be deterred from asserting his legal rights and thus the usefulness of the civil process in settling private disputes is impaired. As in all cases of abuse of judicial process, the improper use of criminal process tends to diminish public confidence in our legal system. Respect for judicial rulings is essential to the proper administration of justice however, a litigant or his lawyer may, in good faith and within the framework of the law, take steps to test the correctness of a ruling of a tribunal .37 The complexity of law often makes it difficult for a tribunal to be fully informed unless the pertinent law is presented by the lawyers in the cause. A tribunal that is fully informed on the applicable law is better able to make a fair and accurate determination of the matter before it. The adversary system contemplates that each lawyer will present and argue the existing law in the light most favorable to his client.38 Where a lawyer knows of legal authority in the controlling jurisdiction directly adverse to the position of his client, he should inform the tribunal of its existence unless his adversary has done so but, having made such disclosure, he may challenge its soundness in whole or in part.39 In order to bring about just and informed decisions, evidentiary and procedural rules have been established by tribunals to permit the inclusion of relevant evidence and argument and the exclusion of all other considerations. The expression by a lawyer of his personal opinion as to the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant, or as to the guilt or innocence of an accused is not a proper subject for argument to the trier of fact.40 It is improper as to factual matters because admissible evidence possessed by a lawyer should be presented only as sworn testimony. It is improper as to all other matters because, were the rule otherwise, the silence of a lawyer on a given occasion could be construed unfavorably to his client. However, a lawyer may argue, on his analysis of the evidence, for any position or conclusion with respect to any of the foregoing matters. Rules of evidence and procedure are designed to lead to just decisions and are part of the framework of the law. Thus while a lawyer may take steps in good faith and within the framework of the law to test the validity of rules, he is not justified in consciously violating such rules and he should be diligent in his efforts to guard against his unintentional violation of them.41 As examples, a lawyer should subscribe to or verify only those pleadings that he believes are in compliance with applicable law and rules a lawyer should not make any prefatory statement before a tribunal in regard to the purported facts of the case on trial unless he believes that his statement will be supported by admissible evidence a lawyer should not ask a witness a question solely for the purpose of harassing or embarrassing him and a lawyer should not by subterfuge put before a jury matters which it cannot properly consider. The law and Disciplinary Rules prohibit the use of fraudulent, false, or perjured testimony or evidence.42 A lawyer who knowingly43 participates in introduction of such testimony or evidence is subject to discipline. A lawyer should, however, present any admissible evidence his client desires to have presented unless he knows, or from facts within his knowledge should know, that such testimony or evidence is false, fraudulent, or perjured.44 Because it interferes with the proper administration of justice, a lawyer should not suppress evidence that he or his client has a legal obligation to reveal or produce. In like manner, a lawyer should not advise or cause a person to secrete himself or to leave the jurisdiction of a tribunal for the purpose of making him unavailable as a witness therein.45 Witnesses should always testify truthfully46 and should be free from any financial inducements that might tempt them to do otherwise.47 A lawyer should not pay or agree to pay a non-expert witness an amount in excess of reimbursement for expenses and financial loss incident to his being a witness however, a lawyer may pay or agree to pay an expert witness a reasonable fee for his services as an expert. But in no event should a lawyer pay or agree to pay a contingent fee to any witness. A lawyer should exercise reasonable diligence to see that his client and lay associates conform to these standards.48 To safeguard the impartiality that is essential to the judicial process, veniremen and jurors should be protected against extraneous influences.49 When impartiality is present, public confidence in the judicial system is enhanced. There should be no extrajudicial communication with veniremen prior to trial or with jurors during trial by or on behalf of a lawyer connected with the case. Furthermore, a lawyer who is not connected with the case should not communicate with or cause another to communicate with a venireman or a juror about the case. After the trial, communication by a lawyer with jurors is permitted so long as he refrains from asking questions or making comments that tend to harass or embarrass the juror50 or to influence actions of the juror in future cases. Were a lawyer to be prohibited from communicating after trial with a juror, he could not ascertain if the verdict might be subject to legal challenge, in which event the invalidity of a verdict might go undetected.51 When an extrajudicial communication by a lawyer with a juror is permitted by law, it should be made considerately and with deference to the personal feelings of the juror. Vexatious or harassing investigations of veniremen or jurors seriously impair the effectiveness of our jury system. For this reason, a lawyer or anyone on his behalf who conducts an investigation of veniremen or jurors should act with circumspection and restraint. Communications with or investigations of members of families of veniremen or jurors by a lawyer or by anyone on his behalf are subject to the restrictions imposed upon the lawyer with respect to his communications with or investigations of veniremen and jurors. Because of his duty to aid in preserving the integrity of the jury system, a lawyer who learns of improper conduct by or towards a venireman, a juror, or a member of the family of either should make a prompt report to the court regarding such conduct. A goal of our legal system is that each party shall have his case, criminal or civil, adjudicated by an impartial tribunal. The attainment of this goal may be defeated by dissemination of news or comments which tend to influence judge or jury.52 Such news or comments may prevent prospective jurors from being impartial at the outset of the trial53 and may also interfere with the obligation of jurors to base their verdict solely upon the evidence admitted in the trial.54 The release by a lawyer of out-of-court statements regarding an anticipated or pending trial may improperly affect the impartiality of the tribunal.55 For these reasons, standards for permissible and prohibited conduct of a lawyer with respect to trial publicity have been established. The impartiality of a public servant in our legal system may be impaired by the receipt of gifts or loans. A lawyer,56 therefore, is never justified in making a gift or a loan to a judge, a hearing officer, or an official or employee of a tribunal except as permitted by Section C(4) of Canon 5 of the Code of Judicial Conduct, but a lawyer may make a contribution to the campaign fund of a candidate for judicial office in conformity with Section B(2) under Canon 7 of the Code of Judicial Conduct.57. 58 All litigants and lawyers should have access to tribunals on an equal basis. Generally, in adversary proceedings a lawyer should not communicate with a judge relative to a matter pending before, or which is to be brought before, a tribunal over which he presides in circumstances which might have the effect or give the appearance of granting undue advantage to one party.59 For example, a lawyer should not communicate with a tribunal by a writing unless a copy thereof is promptly delivered to opposing counsel or to the adverse party if he is not represented by a lawyer. Ordinarily an oral communication by a lawyer with a judge or hearing officer should be made only upon adequate notice to opposing counsel, or, if there is none, to the opposing party. A lawyer should not condone or lend himself to private importunities by another with a judge or hearing officer on behalf of himself or his client. Judicial hearings ought to be conducted through dignified and orderly procedures designed to protect the rights of all parties. Although a lawyer has the duty to represent his client zealously, he should not engage in any conduct that offends the dignity and decorum of proceedings.60 While maintaining his independence, a lawyer should be respectful, courteous, and above-board in his relations with a judge or hearing officer before whom he appears.61 He should avoid undue solicitude for the comfort or convenience of judge or jury and should avoid any other conduct calculated to gain special consideration. In adversary proceedings, clients are litigants and though ill feeling may exist between clients, such ill feeling should not influence a lawyer in his conduct, attitude, and demeanor towards opposing lawyers.62 A lawyer should not make unfair or derogatory personal reference to opposing counsel. Haranguing and offensive tactics by lawyers interfere with the orderly administration of justice and have no proper place in our legal system. A lawyer should be courteous to opposing counsel and should accede to reasonable requests regarding court proceedings, settings, continuances, waiver of procedural formalities, and similar matters which do not prejudice the rights of his client.63 He should follow local customs of courtesy or practice, unless he gives timely notice to opposing counsel of his intention not to do so.64 A lawyer should be punctual in fulfilling all professional commitments.65 In the final analysis, proper functioning of the adversary system depends upon cooperation between lawyers and tribunals in utilizing procedures which will preserve the impartiality of tribunals and make their decisional processes prompt and just, without impinging upon the obligation of lawyers to represent their clients zealously within the framework of the law. DR 7-101 Representing a Client Zealously. (A) A lawyer shall not intentionally:66 (1) Fail to seek the lawful objectives of his client through reasonably available means67 permitted by law and the Disciplinary Rules, except as provided by DR 7-101(B). A lawyer does not violate this Disciplinary Rule, however, by acceding to reasonable requests of opposing counsel which do not prejudice the rights of his client, by being punctual in fulfilling all professional commitments, by avoiding offensive tactics, or by treating with courtesy and consideration all persons involved in the legal process. (2) Fail to carry out a contract of employment entered into with a client for professional services, but he may withdraw as permitted under DR 2-110. DR 5-102. and DR 5-105 . (3) Prejudice or damage his client during the course of the professional relationship,68 except as required under DR 7-102(B) . (B) In his representation of a client, a lawyer may: (1) Where permissible, exercise his professional judgment to waive or fail to assert a right or position of his client. (2) Refuse to aid or participate in conduct that he believes to be unlawful, even though there is some support for an argument that the conduct is legal. DR 7-102 Representing a Client Within the Bounds of the Law. (A) In his representation of a client, a lawyer shall not: (1) File a suit, assert a position, conduct a defense, delay a trial, or take other action on behalf of his client when he knows or when it is obvious that such action would serve merely to harass or maliciously injure another.69 (2) Knowingly advance a claim or defense that is unwarranted under existing law, except that he may advance such claim or defense if it can be supported by good faith argument for an extension, modification, or reversal of existing law. (3) Conceal or knowingly fail to disclose that which he is required by law to reveal. (4) Knowingly use perjured testimony or false evidence.70 (5) Knowingly make a false statement of law or fact. (6) Participate in the creation or preservation of evidence when he knows or it is obvious that the evidence is false. (7) Counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent. (8) Knowingly engage in other illegal conduct or conduct contrary to a Disciplinary Rule. (B) A lawyer who receives information clearly establishing that: (1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same, and if his client refuses or is unable to do so, he shall reveal the fraud to the affected person or tribunal, except when the information is protected as a privileged communication.71. 72 (2) A person other than his client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal.73 DR 7-103 Performing the Duty of Public Prosecutor or Other Government Lawyer.74 (A) A public prosecutor or other government lawyer shall not institute or cause to be instituted criminal charges when he knows or it is obvious that the charges are not supported by probable cause. (B) A public prosecutor or other government lawyer in criminal litigation shall make timely disclosure to counsel for the defendant, or to the defendant if he has no counsel, of the existence of evidence, known to the prosecutor or other government lawyer, that tends to negate the guilt of the accused, mitigate the degree of the offense, or reduce the punishment. DR 7-104 Communicating With One of Adverse Interest.75 (A) During the course of his representation of a client a lawyer shall not: (1) Communicate or cause another to communicate on the subject of the representation with a party he knows to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such other party76 or is authorized by law to do so. (2) Give advice to a person who is not represented by a lawyer, other than the advice to secure counsel,77 if the interests of such person are or have a reasonable possibility of being in conflict with the interests of his client.78 DR 7-105 Threatening Criminal Prosecution. (A) A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter. DR 7-106 Trial Conduct. (A) A lawyer shall not disregard or advise his client to disregard a standing rule of a tribunal or a ruling of a tribunal made in the course of a proceeding, but he may take appropriate steps in good faith to test the validity of such rule or ruling. (B) In presenting a matter to a tribunal. a lawyer shall disclose:79 (1) Legal authority in the controlling jurisdiction known to him to be directly adverse to the position of his client and which is not disclosed by opposing counsel.80 (2) Unless privileged or irrelevant, the identities of the clients he represents and of the persons who employed him.81 (C) In appearing in his professional capacity before a tribunal. a lawyer shall not: (1) State or allude to any matter that he has no reasonable basis to believe is relevant to the case or that will not be supported by admissible evidence.82 (2) Ask any question that he has no reasonable basis to believe is relevant to the case and that is intended to degrade a witness or other person.83 (3) Assert his personal knowledge of the facts in issue, except when testifying as a witness. (4) Assert his personal opinion as to the justness of a cause, as to the credibility of a witness, as to the culpability of a civil litigant, or as to the guilt or innocence of an accused84 but he may argue, on his analysis of the evidence, for any position or conclusion with respect to the matters stated herein. (5) Fail to comply with known local customs of courtesy or practice of the bar or a particular tribunal without giving to opposing counsel timely notice of his intent not to comply.85 (6) Engage in undignified or discourteous conduct which is degrading to a tribunal. (7) Intentionally or habitually violate any established rule of procedure or of evidence. DR 7-107 Trial Publicity.86 (A) A lawyer participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration: (1) Information contained in a public record. (2) That the investigation is in progress. (3) The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim. (4) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto. (5) A warning to the public of any dangers. (B) A lawyer or law firm associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to: (1) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused. (2) The possibility of a plea of guilty to the offense charged or to a lesser offense. (3) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement. (4) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests. (5) The identity, testimony, or credibility of a prospective witness. (6) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case. (C) DR 7-107(B) does not preclude a lawyer during such period from announcing: (1) The name, age, residence, occupation, and family status of the accused. (2) If the accused has not been apprehended, any information necessary to aid in his apprehension or to warn the public of any dangers he may present. (3) A request for assistance in obtaining evidence. (4) The identity of the victim of the crime. (5) The fact, time, and place of arrest, resistance, pursuit, and use of weapons. (6) The identity of investigating and arresting officers or agencies and the length of the investigation. (7) At the time of seizure, a description of the physical evidence seized, other than a confession, admission, or statement. (8) The nature, substance, or text of the charge. (9) Quotations from or references to public records of the court in the case. (10) The scheduling or result of any step in the judicial proceedings. (11) That the accused denies the charges made against him. (D) During the selection of a jury or the trial of a criminal matter, a lawyer or law firm associated with the prosecution or defense of a criminal matter shall not make or participate in making an extra-judicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to the trial, parties, or issues in the trial or other matters that are reasonably likely to interfere with a fair trial, except that he may quote from or refer without comment to public records of the court in the case. (E) After the completion of a trial or disposition without trial of a criminal matter and prior to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by public communication and that is reasonably likely to affect the imposition of sentence. (F) The foregoing provisions of DR 7-107 also apply to professional disciplinary proceedings and juvenile disciplinary proceedings when pertinent and consistent with other law applicable to such proceedings. (G) A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication and that relates to: (1) Evidence regarding the occurrence or transaction involved. (2) The character, credibility, or criminal record of a party, witness, or prospective witness. (3) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such. (4) His opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule. (5) Any other matter reasonably likely to interfere with a fair trial of the action. (H) During the pendency of an administrative proceeding, a lawyer or law firm associated therewith shall not make or participate in making a statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication if it is made outside the official course of the proceeding and relates to: (1) Evidence regarding the occurrence or transaction involved. (2) The character, credibility, or criminal record of a party, witness, or prospective witness. (3) Physical evidence or the performance or results of any examinations or tests or the refusal or failure of a party to submit to such. (4) His opinion as to the merits of the claims, defenses, or positions of an interested person. (5) Any other matter reasonably likely to interfere with a fair hearing. (I) The foregoing provisions of DR 7-107 do not preclude a lawyer from replying to charges of misconduct publicly made against him or from participating in the proceedings of legislative, administrative, or other investigative bodies. (J) A lawyer shall exercise reasonable care to prevent his employees and associates from making an extrajudicial statement that he would be prohibited from making under DR 7-107. DR 7-108 Communication with or Investigation of Jurors. (A) Before the trial of a case a lawyer connected therewith shall not communicate with or cause another to communicate with anyone he knows to be a member of the venire from which the jury will be selected for the trial of the case. (B) During the trial of a case: (1) A lawyer connected therewith shall not communicate with or cause another to communicate with any member of the jury.87 (2) A lawyer who is not connected therewith shall not communicate with or cause another to communicate with a juror concerning the case. (C) DR 7-108(A) and (B) do not prohibit a lawyer from communicating with veniremen or jurors in the course of official proceedings. (D) After discharge of the jury from further consideration of a case with which the lawyer was connected, the lawyer shall not ask questions of or make comments to a member of that jury that are calculated merely to harass or embarrass the juror or to influence his actions in future jury service.88 (E) A lawyer shall not conduct or cause, by financial support or otherwise, another to conduct a vexatious or harassing investigation of either a venireman or a juror. (F) All restrictions imposed by DR 7-108 upon a lawyer also apply to communications with or investigations of members of a family of a venireman or a juror. (G) A lawyer shall reveal promptly to the court improper conduct by a venireman or a juror, or by another toward a venireman or a juror or a member of his family, of which the lawyer has knowledge. DR 7-109 Contact with Witnesses. (A) A lawyer shall not suppress any evidence that he or his client has a legal obligation to reveal or produce.89 (B) A lawyer shall not advise or cause a person to secrete himself or to leave the jurisdiction of a tribunal for the purpose of making him unavailable as a witness therein.90 (C) A lawyer shall not pay, offer to pay, or acquiesce in the payment of compensation to a witness contingent upon the content of his testimony or the outcome of the case.91 But a lawyer may advance, guarantee, or acquiesce in the payment of: (1) Expenses reasonably incurred by a witness in attending or testifying. (2) Reasonable compensation to a witness for his loss of time in attending or testifying. (3) A reasonable fee for the professional services of an expert witness. DR 7-110 Contact with Officials.92 (A) A lawyer shall not give or lend any thing of value to a judge, official, or employee of a tribunal except as permitted by Section C(4) of Canon 5 of the Code of Judicial Conduct, but a lawyer may make a contribution to the campaign fund of a candidate for judicial office in conformity with Section B(2) under Canon 7 of the Code of Judicial Conduct.93 (B) In an adversary proceeding, a lawyer shall not communicate, or cause another to communicate, as to the merits of the cause with a judge or an official before whom the proceeding is pending, except: (1) In the course of official proceedings in the cause. (2) In writing if he promptly delivers a copy of the writing to opposing counsel or to the adverse party if he is not represented by a lawyer. (3) Orally upon adequate notice to opposing counsel or to the adverse party if he is not represented by a lawyer. (4) As otherwise authorized by law, or by Section A(4) under Canon 3 of the Code of Judicial Conduct.94. 95 CANON 8. A Lawyer Should Assist in Improving the Legal System Changes in human affairs and imperfections in human institutions make necessary constant efforts to maintain and improve our legal system.1 This system should function in a manner that commands public respect and fosters the use of legal remedies to achieve redress of grievances. By reason of education and experience, lawyers are especially qualified to recognize deficiencies in the legal system and to initiate corrective measures therein. Thus they should participate in proposing and supporting legislation and programs to improve the system,2 without regard to the general interests or desires of clients or former clients.3 Rules of law are deficient if they are not just, understandable, and responsive to the needs of society. If a lawyer believes that the existence or absence of a rule of law, substantive or procedural, causes or contributes to an unjust result, he should endeavor by lawful means to obtain appropriate changes in the law. He should encourage the simplification of laws and the repeal or amendment of laws that are outmoded.4 Likewise, legal procedures should be improved whenever experience indicates a change is needed. The fair administration of justice requires the availability of competent lawyers. Members of the public should be educated to recognize the existence of legal problems and the resultant need for legal services, and should be provided methods for intelligent selection of counsel. Those persons unable to pay for legal services should be provided needed services. Clients and lawyers should not be penalized by undue geographical restraints upon representation in legal matters, and the bar should address itself to improvements in licensing, reciprocity, and admission procedures consistent with the needs of modern commerce. Whenever a lawyer seeks legislative or administrative changes, he should identify the capacity in which he appears, whether on behalf of himself, a client, or the public.5 A lawyer may advocate such changes on behalf of a client even though he does not agree with them. But when a lawyer purports to act on behalf of the public, he should espouse only those changes which he conscientiously believes to be in the public interest. Fraudulent, deceptive, or otherwise illegal conduct by a participant in a proceeding before a tribunal or legislative body is inconsistent with fair administration of justice, and it should never be participated in or condoned by lawyers. Unless constrained by his obligation to preserve the confidences and secrets of his client, a lawyer should reveal to appropriate authorities any knowledge he may have of such improper conduct. Judges and administrative officials having adjudicatory powers ought to be persons of integrity, competence, and suitable temperament. Generally, lawyers are qualified, by personal observation or investigation, to evaluate the qualifications of persons seeking or being considered for such public offices, and for this reason they have a special responsibility to aid in the selection of only those who are qualified.6 It is the duty of lawyers to endeavor to prevent political considerations from outweighing judicial fitness in the selection of judges. Lawyers should protest earnestly against the appointment or election of those who are unsuited for the bench and should strive to have elected7 or appointed thereto only those who are willing to forego pursuits, whether of a business, political, or other nature, that may interfere with the free and fair consideration of questions presented for adjudication. Adjudicatory officials, not being wholly free to defend themselves, are entitled to receive the support of the bar against unjust criticism.8 While a lawyer as a citizen has a right to criticize such officials publicly,9 he should be certain of the merit of his complaint, use appropriate language, and avoid petty criticisms, for unrestrained and intemperate statements tend to lessen public confidence in our legal system.10 Criticisms motivated by reasons other than a desire to improve the legal system are not justified. Since lawyers are a vital part of the legal system, they should be persons of integrity, of professional skill, and of dedication to the improvement of the system. Thus a lawyer should aid in establishing, as well as enforcing, standards of conduct adequate to protect the public by insuring that those who practice law are qualified to do so. Lawyers often serve as legislators or as holders of other public offices. This is highly desirable, as lawyers are uniquely qualified to make significant contributions to the improvement of the legal system. A lawyer who is a public officer, whether full or part-time, should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties.11 The advancement of our legal system is of vital importance in maintaining the rule of law and in facilitating orderly changes therefore, lawyers should encourage, and should aid in making, needed changes and improvements. DR 8-101 Action as a Public Official. (A) A lawyer who holds public office shall not: (1) Use his public position to obtain, or attempt to obtain, a special advantage in legislative matters for himself or for a client under circumstances where he knows or it is obvious that such action is not in the public interest. (2) Use his public position to influence, or attempt to influence, a tribunal to act in favor of himself or of a client. (3) Accept any thing of value from any person when the lawyer knows or it is obvious that the offer is for the purpose of influencing his action as a public official. DR 8-102 Statements Concerning Judges and Other Adjudicatory Officers.12 (A) A lawyer shall not knowingly make false statements of fact concerning the qualifications of a candidate for election or appointment to a judicial office. (B) A lawyer shall not knowingly make false accusations against a judge or other adjudicatory officer. DR 8-103 Lawyer Candidate for Judicial Office. (A) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of Canon 7 of the Code of Judicial Conduct.13 CANON 9. A Lawyer Should Avoid Even the Appearance of Professional Impropriety Continuation of the American concept that we are to be governed by rules of law requires that the people have faith that justice can be obtained through our legal system.1 A lawyer should promote public confidence in our system and in the legal profession.2 Public confidence in law and lawyers may be eroded by irresponsible or improper conduct of a lawyer. On occasion, ethical conduct of a lawyer may appear to laymen to be unethical. In order to avoid misunderstandings and hence to maintain confidence, a lawyer should fully and promptly inform his client of material developments in the matters being handled for the client. While a lawyer should guard against otherwise proper conduct that has a tendency to diminish public confidence in the legal system or in the legal profession, his duty to clients or to the public should never be subordinate merely because the full discharge of his obligation may be misunderstood or may tend to subject him or the legal profession to criticism. When explicit ethical guidance does not exist, a lawyer should determine his conduct by acting in a manner that promotes public confidence in the integrity and efficiency of the legal system and the legal profession.3 After a lawyer leaves judicial office or other public employment, he should not accept employment in connection with any matter in which he had substantial responsibility prior to his leaving, since to accept employment would give the appearance of impropriety even if none exists.4 Because the very essence of the legal system is to provide procedures by which matters can be presented in an impartial manner so that they may be decided solely upon the merits, any statement or suggestion by a lawyer that he can or would attempt to circumvent those procedures is detrimental to the legal system and tends to undermine public confidence in it. Separation of the funds of a client from those of his lawyer not only serves to protect the client but also avoids even the appearance of impropriety, and therefore commingling of such funds should be avoided. Every lawyer owes a solemn duty to uphold the integrity and honor of his profession to encourage respect for the law and for the courts and the judges thereof to observe the Code of Professional Responsibility to act as a member of a learned profession, one dedicated to public service to cooperate with his brother lawyers in supporting the organized bar through the devoting of his time, efforts, and financial support as his professional standing and ability reasonably permit to conduct himself so as to reflect credit on the legal profession and to inspire the confidence, respect, and trust of his clients and of the public and to strive to avoid not only professional impropriety but also the appearance of impropriety.5 A lawyer has an obligation to the public to participate in collective efforts of the bar to reimburse persons who have lost money or property as a result of the misappropriation or defalcation of another lawyer, and contribution to a clients security fund is an acceptable method of meeting this obligation.6 DR 9-101 Avoiding Even the Appearance of Impropriety.7 (A) A lawyer shall not accept private employment in a matter upon the merits of which he has acted in a judicial capacity.8 (B) A lawyer shall not accept private employment in a matter in which he had substantial responsibility while he was a public employee.9 (C) A lawyer shall not state or imply that he is able to influence improperly or upon irrelevant grounds any tribunal. legislative body,10 or public official. DR 9-102 Preserving Identity of Funds and Property of a Client.11 (A) All funds of clients paid to a lawyer or law firm. other than advances for costs and expenses, shall be deposited in one or more identifiable bank accounts maintained in the state in which the law office is situated and no funds belonging to the lawyer or law firm shall be deposited therein except as follows: (1) Funds reasonably sufficient to pay bank charges may be deposited therein. (2) Funds belonging in part to a client and in part presently or potentially to the lawyer or law firm must be deposited therein, but the portion belonging to the lawyer or law firm may be withdrawn when due unless the right of the lawyer or law firm to receive it is disputed by the client, in which event the disputed portion shall not be withdrawn until the dispute is finally resolved. (B) A lawyer shall: (1) Promptly notify a client of the receipt of his funds, securities, or other properties. (2) Identify and label securities and properties of a client promptly upon receipt and place them in a safe deposit box or other place of safekeeping as soon as practicable. (3) Maintain complete records of all funds, securities, and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his client regarding them. (4) Promptly pay or deliver to the client as requested by a client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive. DEFINITIONS As used in the Disciplinary Rules of the Code of Professional Responsibility: 1. Differing interests include every interest that will adversely affect either the judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse, or other interest. 3. Person includes a corporation, an association, a trust, a partnership, and any other organization or legal entity. 4. Professional legal corporation means a corporation, or an association treated as a corporation, authorized by law to practice law for profit. 5. State includes the District of Columbia, Puerto Rico, and other federal territories and possessions. 6. Tribunal includes all courts and all other adjudicatory bodies. 7. A Bar association includes a bar association of specialists as referred to in DR 2-105(A) (1) or (4).1 8. Qualified legal assistance organization means an office or organization of one of the four types listed in DR 2-103(D) (1)-(4), inclusive, that meets all the requirements thereof.2 Confidence and secret are defined in DR 4-101(A) .
No comments:
Post a Comment