常见问题

常见问题/伦理    [+]展示所有答案

1. 一位女士来我办公室寻求帮助处理她的离婚案, 但现在有另一位律师为她辩护. 我可以和她说话吗?

   Yes, unless you currently represent someone whose interests are adverse to hers. 规则4.2 does not prohibit a disinterested lawyer from providing a second opinion to someone who is currently represented by counsel.

2. 不公开的客户档案应该保存多久?

   The ethics rules don't require a lawyer to keep closed files for any particular length of time. 信托账户记录除外. 规则1.15(I) does require that a lawyer keep trust account records for at least six years after the case is over. There is a four year statute of limitations for disciplinary investigations; 规则4-222 provides that the statute may be tolled up to two years in certain situations. You should also take into account potential malpractice claims and other law when making a decision to destroy a file.

3. I'd like to offer my paralegal a bonus based on the legal fees I've taken in each month. 这合乎道德吗??

   规则5.4讨论律师与非律师分担律师费. 为mal Advisory Opinion 05-4 provides that it is ethically proper for a lawyer to compensate nonlawyer employees based upon a plan that is based in whole or in part on a profit-sharing arrangement.

4. 我要离开我的律师事务所. May I tell the clients whose files I have worked on that I am opening my own practice?

   为mal Advisory Opinion 97-3 holds that a lawyer who is leaving a firm may ethically notify those clients he or she has actively represented. 交流可以是口头的，也可以是书面的. 律师可以将其离职通知委托人, 提供一个新地址, and notify the client of the lawyer's willingness to provide legal services to the client.

5. 我被解雇了，但客户还欠我部分费用. 我可以保留她的档案直到她付款吗?

   如果保留档案会损害客户的利益, 你不能为了保证支付费用而保留文件. 规则1.16(d) and 为mal Advisory Opinion 87-5 provide further guidance on this issue.

6. 如果需要起诉以前的客户，我可以接一个新案子吗?

   也许. 规则1.9 allows a lawyer to represent a new client whose interests are adverse to a former client only if the matters are not substantially related, 或者如果前客户同意. 规则1.6 regarding confidences and secrets also might have some impact on the lawyer's ability to undertake representation adverse to a former client. The rules require a lawyer to make very specific disclosures before obtaining client consent to this type of representation, so please call the Ethics Helpline to talk about your situation with us.

7. I've graduated from law school, taken the Bar Exam and am working in a law office. 我能自称律师吗?

   No! 即使你通过了律师资格考试, you must be sworn in by a court and registered with the 乔治亚州律师协会 before you are licensed to practice law in the state. 在那之前，你不能给任何人提供法律建议. You may not appear in court or sign your name on a document to be presented to a court (other than for your own personal matters). 如果法官允许你在听证会上和律师坐在一起, 或者如果你和有执照的律师一起出庭作证, 你不得询问证人或提出异议. You are also obligated to clarify your status to anyone who mistakenly believes that you are a lawyer. 确保信笺抬头牢固, website and other publications do not refer to you as a lawyer before you are fully credentialed. There are many tasks that you may perform in a law office while awaiting Bar results and licensing. 你可以起草摘要或诉状供律师审阅和签字. 你可以采访委托人和证人, and pass along legal advice as directed by a lawyer (making it clear that the advice is from a licensed attorney). 正式咨询意见19, 21 and 00-2 further describe what tasks may appropriately be delegated to a nonlawyer in a law office.

8. Where can I file a complaint against my attorney or report a problem with my attorney?

   The Client Assistance Program (CAP) of the 乔治亚州律师协会 handles problems between attorneys and clients. CAP有很多方法可以帮助你解决问题. 有关共同农业政策的一般及统计资料，请参阅 帽网页. 如果您希望与CAP管理员交谈, 请拨打1-800-334-6865，拨打CAP专线, 或直接拨打404-527-8759. CAP无法接收电子邮件查询.

9. 我如何获得学科历史?

   请注意完整的纪律史要求: 根据乔治亚州律师协会规则第4-224条, all grievances which do not result in discipline against the respondent are expunged from our records after a period of either one or two years.  

   A disciplinary history is provided as a letter from the Office of the General Counsel for $15 per letter. 申请将在10个工作日内处理并寄出. 

   To order and pay for your disciplinary history online, please login by 点击这里 然后去商店. 

   要用支票付款，请登录 会员门户 下载表格. Send the completed form and payment to the Office of the General Counsel, 乔治亚州律师协会, 玛丽埃塔街104号. 邮编:30303，亚特兰大，西北100室，收信人:卡伦·库珀. 支票抬头应是乔治亚州律师协会.

   If you are no longer a member of the 乔治亚州律师协会 and you need a copy of your disciplinary history, 联系卡伦·库珀，电话:404-526-8634或 karenc@ngskmc-eis.net 寻求帮助.

   问题? 联系卡伦·库珀，电话:404-526-8634或 karenc@ngskmc-eis.net.

10. 我的纪律记录信包括什么?

    A disciplinary history letter includes all grievances that have not been expunged, 所有保密纪律, 公共纪律和会员身份.

11. 什么时候才能消除委屈?

    If you receive a grievance and that grievance is dismissed by the Office of the General Counsel, the grievance will be expunged from our database and records after one year from the date of dismissal. If the Grievance is assigned to the State Disciplinary Board and is subsequently dismissed, that grievance will be expunged from our database and records two years after the date of dismissal.

12. What if I need my disciplinary history letter sooner than 10 business days?

    Suppose you need your disciplinary letter in less than 10 business days. 在这种情况下, 你可以把联邦快递的运输标签发邮件给我们, 您的信可以通过隔夜或第二天送达的方式寄给您. 联系卡伦·库珀，电话:404-526-8634或 karenc@ngskmc-eis.net 安排联邦快递运送你的违纪记录.

13. Does my disciplinary history letter include a certificate of good standing?

    No. You must order a letter of good standing from the membership department. 您可以在我们网站上的商店订购这封信.