伦理意见278

与外国澳博app合伙

A lawyer who is licensed to practice in the District of Columbia may join in a partnership or in other forms of professional association with a foreign lawyer who is not licensed to practice in any 管辖范围内 in the United States so long as the partnership or association will not compromise the D.C. 澳博app维护道德标准的能力.

适用的规则

• 规则5.1(合伙人或监督澳博app的职责)
• 规则5.5(非法执业)
• 规则7.5(b)(公司名称及信头)
• 规则7.5(d)(暗示合伙行为)

调查

解析:选D.C. 酒吧询问是否，根据D.C. 职业行为准则, he and other members of his firm may join in a partnership to practice law with a lawyer licensed to practice law only in Sweden. 在瑞典获得执照的澳博app将在事务所的伦敦办事处居住和执业, 哪一个。, 调查显示, the lawyer may do in accordance with the rules of practice governing the provision of legal services in the United Kingdom.

这项调查要求我们确定D的成员是否.C. 酒吧 may practice law in a partnership or other form of professional association with a foreign lawyer who is licensed to practice law in a non-U.S. 但没有在美国任何司法管辖区执业的执照.

讨论

In the United States multi-管辖范围内al law firm partnerships—formed by attorneys licensed to practice and physically located in more than one state—are accepted without question. 随着法律实践日益呈现出国际化的维度, it is becoming equally commonplace to encounter multinational law firm partnerships and other forms of professional associations that cross international borders. 因为他们的国际范围, these partnerships may involve affiliations with attorneys licensed only by 管辖范围内s outside the United States.

正如我们的道德标准已经发展到允许涉及美国法律的多司法管辖区法律伙伴关系.S. 澳博app, 他们还, 有适当的保障措施, 同样地，允许与外国澳博app合伙或其他形式的专业协会. 基于下面解释的原因，我们得出结论:D的成员.C. 酒吧 may practice law in partnership with foreign 澳博app who are not licensed in any 管辖范围内 in the United States so long as appropriate steps are taken to ensure the association will not compromise the D.C. 澳博app维护道德标准的能力.¹

在这个司法管辖区, 我们早就接受了, 没有明确地解决这个问题, 解析:选D.C. 只在美国获得许可的澳博app和澳博app.S. D以外的司法管辖区.C. 然而，只有在不损害D的情况下，这种关联才被允许.C. 澳博app维护道德标准的能力和义务. 例如，当D.C. 澳博app与他人联合执业, he or she must ensure that all individuals involved in providing legal services adhere to fundamental ethical requirements such as client confidentiality. 看,e.g., 规则5.1, 5.2, 5.3.

The same considerations are equally applicable in reviewing the ethical implications of partnerships with foreign attorneys who are not licensed to practice in any U.S. 管辖范围内.² 关键的调查将是，这种联系的任何方面是否可能损害民主党.C. attorney’s ability to satisfy the applicable ethical requirements that govern the delivery of legal services.

在这方面, it would be necessary to consider the general similarity of the foreign lawyer’s educational requirements as well as the compatibility of the standards of professional conduct and discipline that govern the foreign lawyer’s provision of legal services. 如果外国澳博app的教育和培训明显低于美国澳博app.S. lawyer or if the professional standards governing the foreign lawyer’s conduct were so incompatible with those established by the D.C. 澳博app，与这样的澳博app合作可能会损害检察官的利益.C. 澳博app维护D.C. 职业行为准则 or to adhere to ethical standards such as the need to maintain client confidentiality and to avoid conflicts of interest. Cf. 规则5.1(a) (law firm partner “shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all 澳博app in the firm conform to the rules of professional conduct”).

这是一项必须逐案进行的调查. By identifying issues relating to client confidentiality and conflicts of interest as areas of special concern, 我们并不是说这些是唯一需要考虑的伦理问题. 相反，D.C. attorney must ensure that the proposed association does not in any way impair or frustrate his ability to meet his ethical obligations.

Another basic requirement that must be satisfied in forming any professional association with a foreign licensed attorney is that the association not conflict with any of the D.C. 澳博app的道德义务. 不被允许在哥伦比亚特区执业的澳博app, 当然, 在本司法管辖区受对未经授权的澳博app执业的限制(D.C. 应用程序. R. 第49条)和规则5.5(b)禁止.C. 澳博app from assisting a person who is not a member of the bar in the performance of an activity constituting the unauthorized practice of law. 任何有外国澳博app的合伙企业都必须遵守这些义务.

另外，D.C. 澳博app and law firms must continue to satisfy the ethical requirements relating to use of letterheads and firm names. 看到 规则7.5(b)(“在一个以上司法管辖区设有办事处的澳博app事务所可在每个司法管辖区使用相同的名称, but identification of the 澳博app in an office of the firm shall indicate the 管辖范围内al limitations on those not licensed to practice in the 管辖范围内 where the office is located.”). 因此, 就像任何跨司法管辖区的合作关系一样, a partnership with foreign attorneys must ensure that its letterhead identifies appropriately the 管辖范围内s in 哪一个。 individual attorneys are licensed to practice.

最后，民主党的成员.C. 酒吧 may state or imply that they practice in a partnership or other organization only when that is the fact. 规则7.5(d). 在与外国澳博app建立合伙关系时，D.C. 澳博app应该确认，两者都是美国的问题.S. 和外国法律，建立的关系被恰当地描述并提供给客户.

在得出结论时，D.C. lawyer may join in a partnership or other form of professional association with a foreign lawyer not licensed to practice in any 管辖范围内 in the United States so long as the partnership or association will not compromise the D.C. 澳博app维护道德标准的能力, 我们与其他几个司法管辖区一起考虑了类似的问题并得出了同样的结果. 看,e.g., N.Y. 州Op. 658年(1月. 24, 1997) (lawyer may form partnership or otherwise associate with non-Utah 澳博app who are authorized to practice law in other 管辖范围内s within the United States or to engage in the functional equivalent in a foreign country). 据我们所知，没有任何司法管辖区的结论与此不同.

调查没有. 97-7-33
通过:1998年2月18日

1. This opinion assumes without deciding that the proposed arrangement described in the inquiry complies with all aspects of D.C. substantive law and with applicable Swedish and United Kingdom law and ethical rules; it therefore addresses only the ethical issues under the D.C. 拟议安排所提出的专业行为规则.
2. 当然，一个外国澳博app也被允许在一个或多个美国执业.S. 司法管辖权受制于美国的监管机构和纪律制度.S. 他被接纳的司法管辖区. 因为这个事实, 就本分析而言，没有必要将这些澳博app视为“外国”澳博app.