伦理意见239

Attorney-Client Relationship Between a Lawyer and Her Firm; 举报专业失当行为

In preparing memoranda concerning her 靠谱的滚球平台事务所’s claim under a fee agreement with a client, 应公司的要求, a lawyer stands in an attorney-client relationship with the firm for purposes of the firm’s fee claim. 因此，规则1禁止她参赛.9 from subsequently representing the client against the firm in connection with that claim. 她也可能被规则1排除在外.不得在该案件中担任证人或以其他方式协助委托人, if doing so would require her to disclose confidences or secrets gained in the course of her representation of the firm.

规则8不要求靠谱的滚球平台.3 to report to disciplinary authorities or to a client mere suspicions that another lawyer has engaged in unethical conduct.

适用的规则

• 规则1.6(信息保密)
• 规则1.9(利益冲突:前客户)
• 规则8.3(a)(举报专业失当行为)

调查

询问者曾在D公司担任助理.C. 靠谱的滚球平台事务所. The matter that occasioned her inquiry involves a possible claim for attorneys fees by her former 靠谱的滚球平台事务所 under a fee agreement with a client originally brought by her to the firm. 第一个, she asks whether either her work as an associate at the firm on the matter governed by the fee agreement, or her subsequent preparation of memoranda to be used by the firm in support of its claim against the client under that agreement, disqualifies her from appearing as a witness for the client or otherwise assisting him in the event he becomes involved in a dispute on the fee with her former firm. 她还希望就规则8规定的义务获得咨询意见.3(a) to report to bar disciplinary authorities certain activity by lawyers in her former firm.

1. Attorney-Client Relationship Between a Lawyer and Her Firm: Conflict of Interest in Subsequent Representation

委员会认为, 在准备靠谱的滚球平台事务所根据收费协议提出的索赔备忘录时, 应其要求, 靠谱的滚球平台在这件事上代表靠谱的滚球平台事务所, 并与律所建立了靠谱的滚球平台-客户关系. 规则1.9 . D.C. 职业行为准则 provides that a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same matter where that person’s interests are adverse to those of the former client unless the former client consents after consultation. 相应的, 在这种情况下, the inquirer is prohibited from representing the client with respect to the firm’s fee claim without the firm’s consent.

规则1的禁止.第9条基于规则1规定的靠谱的滚球平台义务.6 to protect confidences and secrets acquired in the attorney-client relationship, 这项义务在靠谱的滚球平台的雇佣关系终止后继续存在. 根据规则1，靠谱的滚球平台对前靠谱的滚球平台事务所的义务.6 may thus also preclude her acting as a witness for or otherwise assisting the client in connection with the fee claim, if such assistance would entail disclosure of any confidences or secrets acquired in the course of performing work on the fee claim for the firm.

The inquirer makes no reference to any employment agreement she may have had with the firm, and the Committee expresses no views as to whether she may have some obligations in that context as well.

2. 举报专业失当行为

The lawyer also wishes to know whether she has an affirmative duty to report, 禁止靠谱的滚球平台或委托人出庭, her belief that her former firm may have destroyed documents that would support the client’s defense to a fee action brought by the firm. 她没有具体说明这些文件可能是什么, or when or how such destruction may have taken place; indeed, she specifically states that she is “not certain” that the destruction did in fact occur. She also asks whether she has a duty to report 禁止靠谱的滚球平台或委托人出庭 that one of the partners in her former firm may have used a recording device on his office telephone to record conversations with clients without their knowledge.

规则8.3(a) requires a lawyer to report to bar counsel if he or she has “knowledge that another lawyer has committed a violation of the rules of professional conduct that raises a substantial question as to that lawyer’s honesty, 诚信, 或者在其他方面适合做靠谱的滚球平台. . . .” A failure to report where there is a duty to do so may itself be grounds for discipline. 规则8.第3(a)条在本管辖权内未作解释, it has been interpreted in other jurisdictions to require reporting only where there is “specific knowledge” of a “clear violation” of the ethics rules; “mere suspicions” of misconduct or unethical behavior need not be reported. 看,e.g., 纽约市伦理意见1990-3; 威廉姆森v. 北卡罗来纳州靠谱的滚球平台协会, 46 N.C. 应用程序. 824, 266 S.E. 2d 391 (1980). 此外，规则8.3(a)已被解释为不要求报告所有不当行为, but only that which raises “a substantial question” as to the other lawyer’s honesty, 值得信赖或适合.

基于询问者对争议行为的描述, the Committee cannot conclude that there is any duty on the lawyer’s part under 规则8.3(a)向靠谱的滚球平台事务所报告. The lawyer does not indicate specific knowledge of any facts that would make either the destruction of documents or the undisclosed tape recording a violation of any particular ethical rule. Indeed, by her own account she is not even certain that either activity in fact occurred. 此外, even assuming that some documents were destroyed and some conversations surreptitiously tape recorded in violation of the ethics rules, 我们的处境不好, 基于我们面前有限的事实, to say whether any resulting violation of the rules would present a “substantial question” about another lawyer’s honesty, 诚信, 或者健身. 最后，规则8都不是.3(a) nor any other ethical rule would put the attorney under an obligation to report to the client.

调查没有. 91-6-24
通过:1993年6月16日