伦理意见384

Restrictions on 接受ing a Legal Fee For Benefit of Certain Incarcerated Persons Before Notifying Prior Counsel of Record

本意见涉及规则7规定的限制.D .第1(f)段.C. 《澳博app下载网》(“D.C. 规则”或“规则”), on a successor counsel's ability to 接受 a legal fee from (or on behalf of) certain criminal defendants and detained youth who are incarcerated in District of Columbia correctional or juvenile detention facilities.

规则7.1(f)加入D.C. 在公设辩护人服务处和美国澳博app协会的要求下，于2007年制定了新规则.S. 检察官办公室, to protect already-represented incarcerated persons from lawyers who solicit fee-paying engagements based on unrealistic promises of success.¹ 规则7.1(f) imposes specific notification obligations on a successor counsel before the successor may 接受 向(或代表)被监禁的当事人支付的法律费用. 规则7.1 (f)提供:

• Any lawyer or person acting on behalf of a lawyer who solicits or invites or seeks to solicit any person incarcerated at the District of Columbia Jail, the Correctional Treatment Facility or any District of Columbia juvenile detention facility for the purpose of representing that person for a fee paid by or on behalf of that person or under the Criminal Justice Act, D.C. 代码安. §11-2601 (2001) 节., in any then-pending criminal case in which that person is represented, must provide timely and adequate notice to the person’s then-current lawyer prior to 接受ing any fee from or on behalf of the incarcerated person.

规则7无处可寻.1(f) define what "接受ing any fee" or "timely and adequate notice" means. 其他维.C. 规则 inform us (i) that a lawyer's fees must be reasonable (规则1.5(a)); (ii) special disclosures and consents are required when a family member or other third-party seeks to pay the client's legal bill (规则1.8(e)²); and (iii) prepaid flat fees are never earned on 收据 (规则1.15(e)³).

This Committee is mindful that criminal defense attorneys often require payment in full of prepaid flat fees (or a substantial deposit towards total expected hourly fees) before the defense attorney will commit to entering an appearance. 规则7.1(f)可理解为要求继承人澳博app推迟 收据 参加演出前的费用. 这样的解读, 然而, would make it difficult for incarcerated persons to exercise their absolute right to change counsel.  因此，我们的结论是，规则7中没有任何内容.1(f)禁止继承人澳博app 接收 payment of a fee into the lawyer's trust account pending "timely" service and filing of a notice of an appearance or motion to substitute.

As to what constitutes "timely and adequate notice," we note that 规则112 of the D.C. Superior Court's 规则 of Criminal Procedure currently requires a notice of appearance "within 3 days of appointment or retention." Criminal Procedure Rule 49 further requires that such notice be served upon the party’s attorney. Although violation of a court procedure does not always constitute an ethics violation, we conclude that service and filing of an entry of appearance that conforms to Criminal Procedure 规则 49 and 112 is consistent with a lawyer's duties under 规则7.1(f) to (i) protect client interests and (ii) avoid wasting resources of prior counsel and the court.

发布日期:2022年8月

1. 规则7的立法历史.1(f) appears at page 179 of the 职业行为准则 Review Committee’s Proposed Amendments to the District of Columbia 职业行为准则 Final Report and Recommendations (2005年6月21日)发现 http://4hg547z.0735ty.com/about/who-we-are/reports/rules-of-professional-conduct-review-committee/rules-of-professional-conduct-review-committee.

2. 规则1.8 (e) states:  "A lawyer shall not 接受 compensation for representing a client from one other than the client unless: (1) the client gives informed consent after consultation; (2) there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and (3) information relating to representation of a client is protected as required by [the confidentiality restrictions of] 规则1.6.”

3. 根据规则1.15(e), 客户预付的费用, 包括预付的固定费用, belong to the client and must remain in trust until the lawyer completes the associated work unless the client has given informed consent to a different arrangement. 浪漫情缘, 980 A.2d 1196 (D.C. 2009). Informed consent generally cannot be obtained without first informing the client of the risks associated with waiving use of a trust account and that termination of the lawyer-client relationship, 在完成所有工作之前, will entitle the client to a refund of prepaid fees associated with the portion of work not performed. 曼斯. at 1206-7. 另请参阅 D.C. 酒吧 LEC Op. 355. 尽管规则1.15(e) provides limited circumstances in which the client may provide informed consent to waive use of a trust account for the client's prepayments, we conclude that such a waiver normally would be inoperable before the lawyer has provided the notice of appearance to prior counsel as required by Criminal Procedure 规则 49 and 112.