职业行为准则

规则2.3:评价供第三人使用

(a) A lawyer may provide an evaluation of a matter affecting a client for the use of someone other than the client if the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer’s relationship with the client.
   (b) When the lawyer knows or reasonably should know that the evaluation is likely to affect the client’s interests materially and adversely, the lawyer shall not provide the evaluation unless the client gives informed consent.
   (c) Except as disclosure is authorized in connection with a report of an evaluation, 与评价有关的信息在其他方面受规则1的保护.6.

评论

定义
   [1] An evaluation may be performed at the client’s direction or when impliedly authorized in order to carry out the representation. 看到 规则1.2. Such an evaluation may be for the primary purpose of establishing information for the benefit of third parties; for example, an opinion concerning the title of property rendered at the behest of a vendor for the information of a prospective purchaser, or at the behest of a borrower for the information of a prospective lender. 在某些情况下, the evaluation may be required by a government agency; for example, an opinion concerning the legality of the securities registered for sale under the securities laws. 在其他情况下, 评估可以由第三人要求, 比如一个企业的购买者.
   [2] A legal evaluation should be distinguished from an investigation of a person with whom the lawyer does not have a client-lawyer relationship. 例如, a lawyer retained by a purchaser to analyze a vendor’s title to property does not have a client-lawyer relationship with the vendor. 所以也, 政府澳门赌场官网对个人事务的调查, 或者由政府雇佣的特别澳门赌场官网, 这条规则中使用的不是一个求值吗. The question is whether the lawyer is retained by the person whose affairs are being examined. 当澳门赌场官网被该人聘请时, the general rules concerning loyalty to client and preservation of confidences apply, 如果澳门赌场官网是由别人聘请的，情况就不是这样了. For this reason, it is essential to identify the person by whom the lawyer is retained. 这一点不仅要对接受检查的人说清楚, 但也对那些将获得结果的人.

对第三人和委托人的义务
   [3] When the evaluation is intended for the information or use of a third person, 对该人的法律义务可能会产生，也可能不会产生. 那个法律问题超出了本规则的范围. 然而, since such an evaluation involves a departure from the normal client-lawyer relationship, 需要对形势进行仔细分析. The lawyer must be satisfied as a matter of professional judgment that making the evaluation is compatible with other functions undertaken on behalf of the client. 例如, if the lawyer is acting as advocate in defending the client against charges of fraud, it would normally be incompatible with that responsibility for the lawyer to perform an evaluation for others concerning the same or a related transaction. 假设没有明显的障碍, 然而, the lawyer should advise the client of the implications of the evaluation, particularly the lawyer’s responsibilities to third persons and the duty to disseminate the findings.

查阅及披露资料
   [4] The quality of an evaluation depends on the freedom and extent of the investigation upon which it is based. Ordinarily a lawyer should have whatever latitude of investigation seems necessary as a matter of professional judgment. Under some circumstances, 然而, the terms of the evaluation may be limited. 例如, 某些问题或来源可能被明确排除在外, or the scope of search may be limited by time constraints or the noncooperation of persons having relevant information. Any such limitations that are material to the evaluation should be described in the report. 如果澳门赌场官网已经开始评估, the client refuses to comply with the terms upon which it was understood the evaluation was to have been made, 澳门赌场官网的义务由法律规定, having reference to the terms of the client’s agreement and the surrounding circumstances. In no circumstances is the lawyer permitted to knowingly make a false statement of material fact or law in providing an evaluation under this rule. 看到 规则4.1. If a lawyer learns that the client has used or will use an evaluation in a crime or fraud, 根据规则4，澳门赌场官网可能负有义务.(b)采取行动以避免协助该罪行或诈骗.

获得客户的知情同意
   [5]与评估有关的信息受规则1的保护.6. 在很多情况下, providing an evaluation to a third party poses no significant risk to the client; thus, the lawyer may be impliedly authorized to disclose information to carry out the representation. 见规则1.6(a). 在哪里, 然而, it is reasonably likely that providing the evaluation will affect the client’s interests materially and adversely, the lawyer must first obtain the client’s consent after the client has been adequately informed concerning the important possible effects on the client’s interests.看到规则1.6(a)和1.0(e).

财务审计师对信息的要求
   [6] When a question concerning the legal situation of a client arises at the instance of the client’s financial auditor and the question is referred to the lawyer, the lawyer’s response may be made in accordance with procedures recognized in the legal profession. Such a procedure is set forth in the American 酒吧 Association Statement of Policy Regarding Lawyers’ Responses to Auditors’ Requests for Information, 1975年通过.