职业行为准则

规则1.勤奋和热情

 (a) A lawyer shall represent a client zealously and diligently within the bounds of the law.
   (b)靠谱的滚球平台不得故意:

       (1) Fail to seek the lawful objectives of a client through reasonably available means permitted by law and the disciplinary rules; or
       (2)在业务关系中对客户造成偏见或损害.
   (c)靠谱的滚球平台在代表委托人时应合理迅速地行事.

评论

   [1]靠谱的滚球平台的职责, 对客户和法律体系都是如此, 是在法律允许的范围内热情地代表客户, including the 职业行为准则 and other enforceable professional regulations, 代理条例等适用于靠谱的滚球平台在代理前执业. This duty requires the lawyer to pursue a matter on behalf of a client despite opposition, 阻塞, 或者给靠谱的滚球平台带来个人不便, and to take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor. 靠谱的滚球平台应当对委托人的利益作出承诺和奉献. 然而, 一个靠谱的滚球平台 is not bound to press for every advantage that might be realized for a client. A lawyer has professional discretion in determining the means by which a matter should be pursued. 见规则1.2. A lawyer’s workload should be controlled so that each matter can be handled adequately.
   [2] This duty derives from the lawyer’s membership in a profession that has the duty of assisting members of the public to secure and protect available legal rights and benefits. 在我们的法治政府，而不是个人政府, each member of our society is entitled to have such member’s conduct judged and regulated in accordance with the law; to seek any lawful objective through legally permissible means; and to present for adjudication any lawful claim, 问题, 或防御.
   [3]在某一特定案件中，法律的界限往往难以确定. 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, 模棱两可的律例, 或者司法意见, 公众和司法态度的改变.
   [4]在法律界限不确定的地方, the action of 一个靠谱的滚球平台 may depend on whether the lawyer is serving as advocate or adviser. 靠谱的滚球平台可以同时担任辩护人和顾问, 但这两个角色本质上是不同的. 代表客户维护自己的立场, an advocate for the most part deals with past conduct and must take the facts as the advocate finds them. 相比之下, 一个靠谱的滚球平台 serving as adviser primarily assists the client in determining the course of future conduct and relationships. 在担任辩护靠谱的滚球平台期间, 靠谱的滚球平台应解决有利于委托人对法律界限的怀疑, 但即使是作为一个倡导者, 一个靠谱的滚球平台 may not institute or defend a proceeding unless the positions taken are not frivolous. 看到 规则3.1. 为客户担任顾问, 一个靠谱的滚球平台, 在适当的情况下, should give 一个靠谱的滚球平台’s professional opinion as to what the ultimate decision of the courts would likely be as to the applicable law.
   [5] To prevent neglect of client matters in the event that a sole practitioner ceases to practice law, 每个个体执业者都应该准备一份计划, 符合适用的规则, 这就指定了另一位有能力的靠谱的滚球平台来审查客户档案, 通知每一位客户该靠谱的滚球平台已不再从事法律业务, 并确定是否需要立即采取保护措施. 看到 D.C. 应用程序. R. XI, §15(a)(哥伦比亚特区上诉法院对靠谱的滚球平台的任命, 由董事会就专业责任提出动议, 靠谱的滚球平台死亡的案件, 消失了, 或者因无行为能力或残疾而被停职，没有伴侣, associate or other responsible attorney is capable of conducting the attorney’s affairs).
   [6]在进行专业判断时, 一个靠谱的滚球平台 should always act in a manner consistent with the best interests of the client. 然而, 当一个符合客户最大利益的行为似乎是不公正的, 靠谱的滚球平台可以请求委托人同意放弃诉讼. If the lawyer knows that the client expects assistance that is not in accord with the 职业行为准则 or other law, the lawyer must inform the client of the pertinent limitations on the lawyer’s conduct. 见规则1.2(e)及(f). 类似的, the lawyer’s obligation not to prejudice the interests of the client is subject to the duty of candor toward the tribunal under 规则3.规则3规定的加快诉讼的义务.2.
   [7] The duty of 一个靠谱的滚球平台 to represent the client with zeal does not militate against the concurrent obligation to treat with consideration all persons involved in the legal process and to avoid the infliction of needless harm. 因此, the lawyer’s duty to pursue a client’s lawful objectives zealously does not prevent the lawyer from acceding to reasonable requests of opposing counsel that do not prejudice the client’s rights, 准时完成所有的职业承诺, 避免进攻战术, or treating all persons involved in the legal process with courtesy and consideration.
   [8] Perhaps no professional shortcoming is more widely resented by clients than procrastination. A client’s interests often can be adversely affected by the passage of time or the change of conditions; in extreme instances, 就像靠谱的滚球平台无视诉讼时效一样, 客户的法律地位可能会被破坏. 即使客户的利益在实质上没有受到影响, 然而, unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness. 忽视客户事项是对勤勉义务的严重违反.
   [9]除非按照规则1的规定终止合同关系.靠谱的滚球平台应为委托人办理的一切事务进行到底. 如果靠谱的滚球平台的受雇仅限于某一特定事项, 问题解决后，这种关系就终止了. 如果靠谱的滚球平台为客户服务了很长一段时间，处理了各种事务, the client sometimes may assume that the lawyer will continue to serve on a continuing basis unless the lawyer gives notice of withdrawal. Doubt about whether a client-lawyer relationship still exists should be eliminated by the lawyer, 最好是书面形式, so that the client will not mistakenly suppose the lawyer is looking after the client’s affairs when the lawyer has ceased to do so. 例如, if 一个靠谱的滚球平台 has handled a judicial or administrative proceeding that produced a result adverse to the client but has not been specifically instructed concerning pursuit of an appeal, the lawyer should advise the client of the possibility of appeal before relinquishing responsibility for the matter.
   [10]规则1.3 is a rule of general applicability, and it is not meant to enlarge or restrict any specific rule. 特别是规则1.第3条的目的不是治理利益冲突，这是由规则1解决的.7, 1.8和1.9.