职业行为准则

规则1.15:财产保管

(a) A lawyer shall hold property of clients or third persons that is in the lawyer’s possession in connection with a representation separate from the lawyer’s own property. Funds of clients or third persons that are in the lawyer’s possession (trust funds) shall be kept in one or more trust accounts maintained in accordance with paragraph (b). Other property shall be identified as such and appropriately safeguarded. Complete records of such account funds and other property shall be kept by the lawyer and shall be preserved for a period of five years after termination of the representation.

(b) All trust funds shall be deposited with an “approved depository” as that term is defined in Rule XI of the 规则 Governing the District of Columbia 酒吧. Trust funds that are nominal in amount or expected to be held for a short period of time, 因此，不期望为客户或第三方赚取超过确保该收入所产生的成本的收入, shall be held at an approved depository and in compliance with the District of Columbia’s Interest on Lawyers Trust Account (DC IOLTA) program. 每个DC IOLTA账户的标题应包括控制该账户的靠谱的滚球平台或靠谱的滚球平台事务所的名称, as well as “DC IOLTA Account” or “IOLTA Account.所有其他信托帐户的名称应包括控制该帐户的靠谱的滚球平台或靠谱的滚球平台事务所的名称, as well as “Trust Account” or “Escrow Account.” The requirements of this paragraph (b) shall not apply when a lawyer is otherwise compliant with the contrary mandates of a tribunal; or when the lawyer is participating in, 并且符合, 靠谱的滚球平台获得执照和主要执业的司法管辖区的信托会计规则和IOLTA程序.

(c)在收到客户或第三人有利益的资金或其他财产时, a lawyer shall promptly notify the client or third person. 除非本规则另有规定，或法律或与客户的协议另有规定, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property, 受规则1约束.6.

(d) When in the course of representation a lawyer is in possession of property in which interests are claimed by the lawyer and another person, or by two or more persons to each of whom the lawyer may have an obligation, 该财产应由靠谱的滚球平台单独保管，直到财产的利益核算和分割完成为止. 对该财产主张权益的人之间因各自利益发生争议的, the undisputed portion shall be distributed and the portion in dispute shall be kept separate by the lawyer until the dispute is resolved. 任何有争议的资金应存入符合(a)和(b)款要求的单独账户。.

(e) Advances of unearned fees and unincurred costs shall be treated as property of the client pursuant to paragraph (a) until earned or incurred unless the client gives informed consent to a different arrangement. Regardless of whether such consent is provided, 规则1.16(d) applies to require the return to the client of any unearned portion of advanced legal fees and unincurred costs at the termination of the lawyer’s services in accordance with 规则1.16(d).

(f) Nothing in this rule shall prohibit a lawyer from placing a small amount of the lawyer’s funds into a trust account for the sole purpose of defraying bank charges that may be made against that account.

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[1]靠谱的滚球平台应以专业受托人应有的谨慎态度保管他人的财产. Securities should be kept in a safe deposit box, except when some other form of safekeeping is warranted by special circumstances. All property that is the property of clients or third persons should be kept separate from the lawyer’s business and personal property and, 如果款项, 在符合本条规定的金融机构开立的一个或多个信托账户中. 这条规则, 除此之外, sets forth the longstanding prohibitions of the misappropriation of entrusted funds and the commingling of entrusted funds with the lawyer’s property. 这条规则 also requires that a lawyer safeguard “other property” of clients, which may include client files. For guidance concerning the disposition of closed client files, see D.C. 酒吧 法律道德 Committee Opinion No. 283.

[2]规则1 (a)款.15 requires lawyers to keep "[c]omplete records of [client] funds and property. . . .D.C. Court of Appeals addressed the meaning of "complete records" in In re Clower, 831 A.2d 1030, 1034 (D.C. 2003):“对《靠谱的足球滚球平台》的解释应参照其目的. The purpose of maintaining 'complete records' is so that the documentary record itself tells the full story of how the attorney handled client or third-party funds and whether the attorney complied with his fiduciary obligation that client or third-party funds not be misappropriated or commingled. Financial records are complete only when documents sufficient to demonstrate an attorney's compliance with his ethical duties are maintained. The reason for requiring complete records is so that any audit of the attorney's handling of client funds by Disciplinary Counsel can be completed even if the attorney or the client, 或两个, 是不可用的.规则1.15 requires that lawyers maintain records such that ownership or any other question about client funds can be answered without assistance from the lawyer or the lawyer's clients. The precise records that achieve this result obviously can vary, 但靠谱的滚球平台可能希望从2010年《美国靠谱的滚球平台协会客户信托账户记录示范规则》中寻找有关记录的指导.

[3] Paragraph (a) concerns trust funds arising from “a representation.“根据本规则，靠谱的滚球平台的义务与提供法律服务以外的活动所产生的义务无关. 例如, a lawyer who serves as an escrow agent is governed by the applicable law relating to fiduciaries even though the lawyer does not render legal services in the transaction. 在管理遗产款项或以类似受托人身份行事时，可能需要单独的信托账户.

[4] Paragraph (b) mandates where trust deposits shall be held and further mandates participation in the District of Columbia’s IOLTA program. 本段适用于在本司法管辖区获得许可的每一位靠谱的滚球平台，无论该靠谱的滚球平台在何处执业, unless a stated exception applies. 因此, 靠谱的滚球平台应遵守法庭关于受该法庭监督的存款的相反授权. 类似的, 如果靠谱的滚球平台主要在该靠谱的滚球平台也获得许可的外国司法管辖区执业, 靠谱的滚球平台维护的信托账户符合该外国司法管辖区的信托会计规则, 靠谱的滚球平台可将信托资金存入经批准的托管机构或该外国司法管辖区可接受的银行机构. 最后, 靠谱的滚球平台没有义务参加哥伦比亚特区的IOLTA计划，如果靠谱的滚球平台正在参加, 并且符合, 该靠谱的滚球平台获得执照并主要从事业务的司法管辖区的IOLTA计划. IOLTA programs are known by different names or acronyms in some jurisdictions; this rule and its exceptions apply to all such programs, 然而命名. 这条规则 anticipates that a law firm with lawyers admitted to practice in the District of Columbia may be obligated to maintain accounts compliant with the IOLTA rules of other jurisdictions where firm lawyers principally practice. A lawyer who is not participating in the IOLTA program of the jurisdiction in which the lawyer principally practices because the lawyer has exercised a right to opt out of, 或者不选择加入, the jurisdiction’s IOLTA program, or because the jurisdiction does not have an IOLTA program, 不得因此被免除参加哥伦比亚特区的IOLTA计划. To the extent paragraph (b) does not resolve a multi-jurisdictional conflict, see Rule 8.5. 本条的任何规定均无意限制任何审裁处就未决事项指示靠谱的滚球平台的权力, including a lawyer who is admitted pro hac vice, to hold trust funds as may be directed by that tribunal. 有关批准保管机构的列表以及有关DC IOLTA计划合规性的其他信息, 参见规则十一, 20节, of the 规则 Governing the District of Columbia 酒吧, 和D.C. 靠谱的滚球平台基金会网站 www.dcbarfoundation.org.

[5]规则1的例外.第15(b)条要求靠谱的滚球平台对其主要执业的司法管辖区作出诚信判断. The phrase “principally practices” refers to the conduct of an individual lawyer, 而不是他或她的靠谱的滚球平台事务所的主要执业地(这可能会对有合伙人的靠谱的滚球平台产生不同的结果)。. 就本条而言, an individual lawyer principally practices in the jurisdiction where the lawyer is licensed and generates the clear majority of his or her income. If there is no such jurisdiction, 然后，靠谱的滚球平台应该确定靠谱的滚球平台投入最多时间的办公室的物理位置. 无论如何, the initial good faith determination of where the lawyer principally practices should be changed only if the lawyer’s circumstances change significantly and the change is expected to continue indefinitely.

[6]判定, 根据(b)段, whether trust funds are not expected to earn income in excess of costs, rests in the sound judgment of the lawyer. The lawyer should review trust practices at reasonable intervals to determine whether circumstances require further action with respect to the funds of any client or third party. Because paragraph (b) is a lawyer–specific obligation, 本规则预计靠谱的滚球平台事务所可能有义务维护符合其他司法管辖区IOLTA规则的账户, 在某种程度上，该公司的靠谱的滚球平台并不都主要在哥伦比亚特区执业.

[7] (c)和(d)款承认，靠谱的滚球平台经常从第三方获得资金，并从中支付靠谱的滚球平台费. 靠谱的滚球平台不需要向客户汇款，靠谱的滚球平台有理由认为这是所欠的费用. 但是，靠谱的滚球平台不得持有资金胁迫委托人接受其辩护. 有争议的资金部分应交由信托保管，靠谱的滚球平台应提出迅速解决争议的办法, 比如仲裁. The undisputed portion of the funds should be promptly distributed.

[8]第三方, 比如客户的债权人, may have just claims against funds or other property in a lawyer’s custody. 根据适用法律，靠谱的滚球平台可能有义务保护此类第三方索赔不受客户的不当干涉, and accordingly may refuse to surrender the property to the client. 然而, 靠谱的滚球平台不得单方承担委托人与第三方之间争议的仲裁责任. 看到维.C. 酒吧 法律道德 Committee Opinion 293.

[9] Paragraph (e) permits advances against unearned fees and unincurred costs to be treated as either the property of the client or the property of the lawyer, but absent informed consent by the client to a different arrangement, the rule’s default position is that such advances be treated as the property of the client, subject to the restrictions provided in paragraph (a). 无论如何, at the termination of an engagement, 未发生的预支费用必须按照规则1的规定退还给客户.16(d). For the definition of “informed consent,” see 规则1.0(e).

[10] With respect to property that constitutes evidence, such as the instruments or proceeds of crime, 见规则3.4(a).