规则 Review Committee Invites Comment on Proposed Changes to D.C. 规则1.8(d)

2023年10月20日

District of Columbia 酒吧’s 职业行为准则 Review Committee is seeking comments about proposed amendments to D.C. 职业行为准则.8 that would expand the District’s existing exceptions to the general rule that prohibits a lawyer from advancing or guaranteeing financial assistance while representing a client in connection with contemplated or pending litigation or administrative proceedings.

评论截止到下班时间 星期一，2023年12月18日.

建议摘要

Prompted by relatively recent amendments to ABA Model 规则1.8 as well as adoption of New York’s “humanitarian exception,” the 规则 Review Committee proposes amendments to D.C. 规则1.8 to clarify and elaborate on financial assistance that may be provided to indigent clients receiving pro bono legal services in the District and with what limitations such assistance may be provided.

除了D的两个现有例外.C. 规则1.8(d) that permit a lawyer to advance or guarantee financial assistance to the client in limited circumstances, the proposed amendment would specifically allow a lawyer to provide financial assistance to indigent clients when the lawyer is affiliated with a not-for-profit or government-funded legal services organization, 公益组织, 或者法学院的诊所, 或者是无偿提供法律服务.

根据新的例外, 在提供这种援助之前, the lawyer must agree in writing to the client not to collect fees under any applicable fee-shifting statute, 这样的靠谱的滚球平台也可能不会:(1)承诺, 确保, or imply the availability of such financial assistance prior to retention or as an inducement to continue the client–lawyer relationship after retention; (2) seek reimbursement from the client, 客户的亲戚, or anyone affiliated with the client; or (3) publicize or advertise a willingness to provide such financial assistance to prospective clients.

委员会报告及程序

The committee’s “Draft Report on Proposed Changes to D.C. 规则1.8(d) (Humanitarian Exception) (October 2023)” can be found 在这里.

评论必须是书面的. The committee’s intention is that any future publication referencing comments received in response to this request will not include details that would identify commenters, regardless of whether feedback is submitted in an individual capacity or on behalf of a group or organization.

书面意见应通过电子邮件提交至 (电子邮件保护) (Attn: 职业行为准则 Review Committee) no later than COB 星期一，2023年12月18日.

D.C. 酒吧’s 职业行为准则 Review Committee considers potential changes to the 规则. The committee’s final recommendations are transmitted to the 酒吧’s 董事会 of Governors, which in turn decides whether to transmit such recommendations to the D.C. 上诉法院审理. Changes to the 规则 and accompanying comments are made only by the Court of Appeals.