职业行为准则

规则1.2:代理范围

 (a) A lawyer shall abide by a client’s decisions concerning the objectives of representation, 除第(c)段规定外, (d), 和(e), 并应与客户协商，以寻求他们的手段. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to accept an offer of settlement of a matter. 在刑事案件中, 澳门赌场官网应当遵守委托人的决定, 在咨询了澳门赌场官网之后, 至于要进行的抗辩, 是否放弃陪审团审判, 以及客户是否会出庭作证.
   (b)澳门赌场官网代表委托人, 包括委任代表, 不构成对客户政治立场的认可, 经济, 社会, 或道德观点或道德活动.
   (c) A lawyer may limit the 范围 of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.
   (d) A government lawyer’s authority and control over decisions concerning the representation may, 通过法规或规章, 超出(a)和(c)款规定的限制.
   (e)澳门赌场官网不得劝告委托人从事商业活动, 或协助客户, 澳门赌场官网知道是犯罪或欺诈的行为, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel 或协助客户 to make a good-faith effort to determine the validity, 范围, 意义, 或者法律的应用.
   (f) When a lawyer knows that a client expects assistance not permitted by the 职业行为准则 or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct.

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代理范围
   [1] Both lawyer and client have authority and responsibility in the objectives and means of representation. The client has ultimate authority to determine the purposes to be served by legal representation, 在法律规定和澳门赌场官网职业义务的范围内. 在这些范围内, a client also has a right to consult with the lawyer about the means to be used in pursuing those objectives. 同时, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so. 目标和手段之间有时无法作出明确的区分, 在许多情况下，客户-澳门赌场官网关系是一种共同的事业. 在手段问题上, 澳门赌场官网应承担技术和法律战术问题的责任, but should defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. 法律规定澳门赌场官网在诉讼中的权力范围因司法管辖区而异.
   [2]当事人有精神残疾的情况, 澳门赌场官网遵守委托人决定的义务应参照规则1.14.

独立于客户的观点或活动
   [3] Legal representation should not be denied to people who are unable to afford legal services, 或者其原因是有争议的，或者是公众反对的对象. 同样的道理, 代表客户并不代表认可客户的观点或活动.

目的或手段有限的服务
   [4] The objectives or 范围 of services provided by the lawyer may be limited by agreement with the client or by terms under which the lawyer’s services are made available to the client. 例如，保留器可以用于特定定义的目的. Representation provided through a legal aid agency may be subject to limitations on the types of cases the agency handles. 保险公司聘请澳门赌场官网代表被保险人, 该陈述可限于与保险范围有关的事项. 作出陈述所依据的条款可排除特定目标或手段. Such limitations may exclude objectives or means that the lawyer regards as repugnant or imprudent. 规则1.5(b) requires a lawyer to communicate the 范围 of the lawyer’s representation when the lawyer establishes a new lawyer-client relationship, and it is generally prudent for the lawyer to explain in writing any limits on the objectives or 范围 of the lawyer’s services.
   [5] An agreement concerning the 范围 of representation must accord with the 职业行为准则 and other law. 因此, the client may not be asked to agree to representation so limited in 范围 as to violate 规则1.1, or to surrender the right to terminate the lawyer’s services or the right to settle litigation that the lawyer might wish to continue.
   [6]规则1.5(b) requires a lawyer to communicate in writing the 范围 of the lawyer's representation when the lawyer has not regularly represented a client. 在所有涉及有限范围的事务中代表, 一般来说，澳门赌场官网以书面形式说明对代理的限制是谨慎的做法, 向客户提供讨论事项的书面摘要, and to receive a written informed consent from the client to the lawyer's limited representation. “知情同意”一词的定义见规则1.0(e)，并在规则1的评论28中讨论.7. Lawyers also should recognize that information and discussion sufficient for informed consent by more sophisticated business clients may not be sufficient to permit less sophisticated clients to provide informed consent. 见规则1的注释28.7.

犯罪，欺诈和禁止交易
   [7] A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client’s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, 本身, 让澳门赌场官网成为诉讼过程中的一方. 但是，澳门赌场官网不得故意协助客户进行犯罪或欺诈行为. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity.
   [8]当病人的行动已经开始并仍在继续时, 澳门赌场官网的责任尤其微妙. 澳门赌场官网被要求避免协助委托人, 例如, by drafting or delivering 文档s that the lawyer knows are fraudulent or by suggesting how the wrongdoing might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposed was legally proper but then discovers is criminal or fraudulent. 因此，澳门赌场官网必须在此事中退出代理委托人. 看到 规则1.16(a). 在某些情况下，仅仅撤资可能是不够的. It may be necessary for the lawyer to give notice of the fact of withdrawal and to disaffirm any opinion, 文档, 确认书之类的. 见规则4.1.
   [9]委托人为受托人的, 澳门赌场官网在与受益人打交道时可能被要求承担特殊义务.
   [10]无论被欺诈方是否是交易的一方，第(e)款均适用. 因此, 澳门赌场官网不应参与虚假交易, 例如, 以犯罪或欺诈性手段逃避纳税义务的交易. Paragraph (e) does not preclude undertaking a criminal defense incident to a general retainer for legal services to a lawful enterprise. The last clause of paragraph (e) recognizes that determining the validity or interpretation of a statute or regulation may require a course of action involving disobedience of the statute or regulation or of the interpretation placed upon it by governmental authorities.