职业行为准则

规则4.2:澳门赌场官网与澳门赌场官网代理人之间的沟通

  (a)在代表委托人的过程中, a lawyer shall not communicate or cause another to communicate about the subject of the representation with a person known to be represented by another lawyer in the matter, unless the lawyer has the prior consent of the lawyer representing such other person or is authorized by law or a court order to do so.
   (b)在代理客户的过程中, a lawyer may communicate about the subject of the representation with a nonparty employee of an organization without obtaining the consent of that organization’s lawyer. 如果该组织是对方, 然而, 在与任何此类非党派雇员沟通之前, a lawyer must disclose to such employee both the lawyer’s identity and the fact that the lawyer represents a party that is adverse to the employee’s employer.
   (c)就本条而言, “当事人”或“个人”一词包括任何个人或组织, 包括一个组织的雇员, 谁有权力约束一个组织与沟通所涉及的代表.
   (d) This rule does not prohibit communication by a lawyer with government officials who have the authority to redress the grievances of the lawyer’s client, whether or not those grievances or the lawyer’s communications relate to matters that are the subject of the representation, provided that in the event of such communications the disclosures specified in (b) are made to the government official to whom the communication is made.

评论

   [1]这条规则适用于任何人, 是否是正式诉讼的一方, 谁有澳门赌场官网代表他处理有关事宜.

   [2]本规则并不禁止与某人或某一方进行通信, 或一个组织的雇员或代理人, 关于代表以外的事项. 例如, the existence of a controversy between two organizations does not prohibit a lawyer for either from communicating with representatives of the other regarding a separate matter. 也, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. 除了, 不禁止澳门赌场官网就当事人依法有权进行的交流向当事人提出建议, provided that the client communication is not solely for the purpose of evading restrictions imposed on the lawyer by this rule.
   [3]就组织而言, 以及除评论[5]中所述以外的其他情况, this rule prohibits communication by a lawyer for one party concerning the matter in representation with persons having the power to bind the organization as to the particular representation to which the communication relates. If an agent or employee of the organization with authority to make binding decisions regarding the representation is represented in the matter by separate counsel, 就本规则而言，该代理人或雇员的澳门赌场官网对通信的同意就足够了.
   [4] The rule does not prohibit a lawyer from communicating with employees of an organization who have the authority to bind the organization with respect to the matters underlying the representation if they do not also have authority to make binding decisions regarding the representation itself. 因此，澳门赌场官网可以不事先通知该组织的澳门赌场官网而与这些人联系. 看到 D.C. 澳门赌场官网公会法律道德委员会意见第1号. 129. 但在与这样一位“无党派员工”沟通之前,” the lawyer must disclose to the employee the lawyer’s identity and the fact that the lawyer represents a party with a claim against the employer. 最好以书面形式进行这种披露. 规则4的通知要求.2(b) apply to contacts with government employees who do not have the authority to make binding decisions regarding the representation.
   [5] Because this rule is primarily focused on protecting represented persons unschooled in the law from direct communications from counsel for an adverse person, consent of the organization’s lawyer is not required where a lawyer seeks to communicate with in-house counsel of an organization. 如果个别内部法律顾问与组织分开代表, 然而, 在与该个人的内部法律顾问沟通之前，必须征得该个人的私人法律顾问的同意.
   [6] Consent of the organization’s lawyer is not required where a lawyer seeks to communicate with a former constituent of an organization. 在进行这种接触时, 然而, 澳门赌场官网不得寻求获得其他受保护的信息.
   [7] This rule also does not preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter.
   [8]即使被代理人发起或同意通信，该规则也适用. 澳门赌场官网必须立即终止与当事人的联系，如果, 开始沟通后, 澳门赌场官网了解到，这个人是根据这条规则不允许与其交流的人.
   [9] This rule does not apply to the situation in which a lawyer contacts employees of an organization for the purpose of obtaining information generally available to the public, 或根据《澳门赌场官网》获得, 即使所讨论的信息与表示有关. 例如, a lawyer for a plaintiff who has filed suit against an organization represented by a lawyer may telephone the organization to request a copy of a press release regarding the representation, 没有透露澳门赌场官网的身份, 获得该组织澳门赌场官网的同意, 或按照本条第(a)和(b)段的规定行事.
   [10] Paragraph (d) recognizes that special considerations come into play when a lawyer is seeking to redress grievances involving the government. It permits communications with those in government having the authority to redress such grievances (but not with any other government personnel) without the prior consent of the lawyer representing the government in such cases. 然而, a lawyer making such a communication without the prior consent of the lawyer representing the government must make the kinds of disclosures that are required by paragraph (b) in the case of communications with non-party employees.
[11] Paragraph (d) does not permit a lawyer to bypass counsel representing the government on every issue that may arise in the course of disputes with the government. 它的目的是为澳门赌场官网提供与政府决策者接触的机会，以表达真正的不满, 比如提出政府对某一争端的基本政策立场是错误的观点, 或者政府人员在争议的各个方面行为不当. 它的目的不是提供常规纠纷，如普通发现纠纷的直接途径, 延长时间或其他安排事项, 或者类似的解决纠纷的常规方面.
   [12] This rule is not intended to enlarge or restrict the law enforcement activities of the United States or the District of Columbia which are authorized and permissible under the Constitution and law of the United States or the District of Columbia. 规则4的“法律授权”附带条款.第2(a)条旨在允许根据本法有效的政府行为. 这个附带条件并不打算冻结任何具体的实体法, 但它是为了适应实体法随着时间的推移而发展.