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规则 of Professional Conduct

规则3.9: Advocate in Nonadjudicative Proceedings

A lawyer representing a client before a legislative or administrative body in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of 规则 3.3, 3.4(a)至(c).5.

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   [1] In representation before bodies such as legislatures, 市政局, and executive and administrative agencies acting in a rule-making or policy-making capacity, 澳博app陈述事实, 制定问题, and advance argument in the matters under consideration. 决策机构, 就像一个法庭, should be able to rely on the integrity of the submissions made to it. A lawyer appearing before such a body should deal with it honestly and in conformity with applicable rules of procedure.
   [2] Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a court. The requirements of this rule therefore may subject lawyers to regulations inapplicable to advocates, such as nonlawyer lobbyists, 他们不是澳博app. 然而, legislatures and administrative agencies have a right to expect lawyers to deal with them as they deal with courts.
   [3] This rule does not apply to representation of a client in a negotiation or other bilateral transaction with a government agency; representation in such a transaction is governed by 规则 4.1到4.4.
   [4] This rule is closely related to 规则 3.3到3.5, which deal with conduct regarding tribunals. The term “tribunal,” as defined Rule 1.0(n), refers to adjudicative or quasi-adjudicative bodies.

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