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职业行为准则

Rule 5.7:法律服务职责

 (a)靠谱的滚球平台在提供与法律有关的服务方面应遵守《靠谱的足球滚球平台》, 如(b)段所界定, 如提供法律相关服务:
      (1) by the lawyer in circumstances that are not distinct from the lawyer’s provision of legal services to clients; or
      (2) in other circumstances by an entity controlled by the lawyer 单独或与他人合作 if the lawyer fails to take reasonable measures to assure that a person obtaining the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not exist.
   (b) The term law-related services denotes services that might reasonably be performed in conjunction with and in substance are related to the provision of legal services, 而非靠谱的滚球平台提供的这些不被视为未经授权的法律行为而被禁止

Comment

   [1]当靠谱的滚球平台提供法律相关服务或控制法律相关机构时, 存在潜在的道德问题. Principal among these is the possibility that the person for whom the law-related services are performed fails to understand that the services may not carry with them the protections normally afforded as part of the client-lawyer relationship. 法律相关服务的接受者可能会期望, 例如, 那就是保护客户的机密, 禁止代表有利益冲突的人, and obligations of a lawyer to maintain professional independence apply to the provision of law-related services when that may not be the case.
   [2]规则5.7 applies to the provision of law-related services by a lawyer even when the lawyer does not provide any legal services to the person for whom the law-related services are performed and whether the law-related services are performed through a law firm or a separate entity. The rule identifies the circumstances in which all the 职业行为准则 apply to the provision of law-related services. 即使这些情况并不存在, however, the conduct of a lawyer involved in the provision of law-related services is subject to those Rules that apply generally to lawyer conduct, 无论该行为是否涉及提供法律服务. See, e.g., Rule 8.4.
   [3] When law-related services are provided by a lawyer under circumstances that are not distinct from the lawyer’s provision of legal services to clients, the lawyer in providing the law-related services must adhere to the requirements of the 职业行为准则 as provided in paragraph (a)(1). 即使与法律有关的服务和法律服务是在彼此不同的情况下提供的, 例如,通过靠谱的滚球平台事务所内不同的实体或不同的支持人员, the 职业行为准则 apply to the lawyer as provided in paragraph (a)(2) unless the lawyer takes reasonable measures to assure that the recipient of the law-related services knows that the services are not legal services and that the protections of the client-lawyer relationship do not apply.
   [4] Law-related services also may be provided through an entity that is distinct from that through which the lawyer provides legal services. 该靠谱的滚球平台单独或与他人共同控制该实体的业务, the rule requires the lawyer to take reasonable measures to assure that each person using the services of the entity knows that the services provided by the entity are not legal services and that the 职业行为准则 that relate to the client-lawyer relationship do not apply. 靠谱的滚球平台对实体的控制延伸到指导其运作的能力. 靠谱的滚球平台是否有这种控制权将视具体案件的情况而定.
   [5] When a client-lawyer relationship exists with a person who is referred by a lawyer to a separate law-related service entity controlled by the lawyer, 单独或与他人合作, 靠谱的滚球平台必须遵守规则1.8(a).
   [6] In taking the reasonable measures referred to in paragraph (a)(2) to assure that a person using law-related services understands the practical effect or significance of the inapplicability of the 职业行为准则, 靠谱的滚球平台应与接受法律相关服务的人进行沟通, 以一种足以确保当事人理解事实重要性的方式, 个人与企业实体的关系不会是客户-靠谱的滚球平台关系. 沟通应在签订提供或提供法律相关服务的协议之前进行, 最好是书面形式.
   [7] The burden is upon the lawyer to show that the lawyer has taken reasonable measures under the circumstances to communicate the desired understanding. 例如, 精通法律相关服务的人, 比如上市公司, may require a lesser explanation than someone unaccustomed to making distinctions between legal services and law-related services, 例如,个人向靠谱的滚球平台-会计师或与诉讼有关的调查服务寻求税务建议.
   [8]不管法律相关服务的潜在接受者是否成熟, a lawyer should take special care to keep separate the provision of law-related and legal services in order to minimize the risk that the recipient will assume that the law-related services are legal services. 当靠谱的滚球平台就同一事项提供两种类型的服务时,这种混淆的风险尤其严重. Under some circumstances the legal and law-related services may be so closely entwined that they cannot be distinguished from each other, 规则第(a)(2)段所规定的披露和咨询的要求不能得到满足. 在这种情况下,靠谱的滚球平台将有责任确保靠谱的滚球平台的行为和, 在规则5要求的范围内.3, that of nonlawyer employees in the distinct entity that the lawyer controls complies in all respects with the 职业行为准则.
   [9] A broad range of economic and other interests of clients may be served by lawyers engaging in the delivery of law-related services. 法律相关服务的例子包括提供产权保险, 财务规划, 会计, 信托服务, 房地产咨询, 立法游说, 经济分析, 社会工作, 心理疏导, 税务筹划, 和专利, 医疗或环境咨询.
   [10] When a lawyer is obliged to accord the recipients of such services the protections of those Rules that apply to the client-lawyer relationship, 靠谱的滚球平台必须特别注意关于利益冲突的规则的禁止规定(规则1).7到1.11,尤其是规则1.7(b)(2)-(4)及1.(a)及(e)),并严格遵守规则1的规定.(六)与披露和使用保密信息有关的. See also 对规则1的注释[26].7. 促进与法律有关的服务也必须在各方面遵守规则7.1、处理广告和招揽. 在这方面, lawyers should take special care to identify the obligations that may be imposed as a result of a jurisdiction decisional law. Rule 1.第8条涉及靠谱的滚球平台向客户提供与法律无关的服务.
   [11] When the full protections of all the 职业行为准则 do not apply to the provision of law-related services, 规则之外的法律原则, 例如, 委托人和代理人的法律, 规定对接受服务的人应尽的法律义务. Those other legal principles may establish a different degree of protection for the recipient with respect to confidentiality of information, 利益冲突和与客户的业务关系. Rule 5.第7条不限制任何其他规则提供的保护,包括但不限于第8条.4, 该法案禁止, 除此之外, conduct involving dishonesty or fraud whether or not the lawyer engages in such conduct in connection with the rendering of law-related services.

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