职业行为准则

规则6.4: Law Reform Activities Affecting Client Interests

(a) A lawyer should assist in improving the administration of justice. A lawyer may discharge this requirement by rendering services in activities for improving the law, 法律体系, 或者法律职业.
   (b) A lawyer may serve as a director, 官, or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

评论   

    [1] Changes in human affairs and imperfections in human institutions make necessary constant efforts to maintain and improve our legal system. This system should function in a manner that commands public respect and fosters the use of legal remedies to achieve redress of grievances. By reason of education and experience, lawyers are especially qualified to recognize deficiencies in 法律体系 and to initiate corrective measures therein. 因此, they should participate in proposing and supporting legislation and programs to improve the system, without regard to the general interests or desires of clients or former clients. 规则 of law are deficient if they are not just, 可以理解的, and responsive to the needs of society. If a lawyer believes that the existence or absence of a rule of law, 实质性的还是程序性的, causes or contributes to an unjust result, the lawyer should endeavor by lawful means to obtain appropriate changes in the law. This rule expresses the policy underlying Canon 8 of the previous Code of Professional Responsibility that “A lawyer should assist in improving 法律体系,” but it is not intended that it be enforced through disciplinary process.
    [2] Lawyers involved in organizations seeking law reform generally do not have a client-lawyer relationship with the organization. 否则, it might follow that a lawyer could not be involved in a bar association law reform program that might indirectly affect a client. 另请参阅 规则1.2(b). 例如, a lawyer specializing in antitrust litigation might be regarded as disqualified from participating in drafting revisions of rules governing that subject. In determining the nature and scope of participation in such activities, a lawyer should be mindful of obligations to clients under other 规则, 特别是规则1.7. A lawyer is professionally obligated to protect the integrity of the program by making an appropriate disclosure within the organization when the lawyer knows a private client might be materially benefited.