[9] Lawyers who are generally not qualified in a jurisdiction may be authorized by law or by order of a court or administrative authority to appear before the court or authority. Such power of attorney may be granted on the basis of formal authorisation requirements or on the basis of the informal practice of the court or the Agency. According to paragraph (c)(2), a lawyer does not violate this rule if he appears before a court or authority on the basis of this power of attorney. To the extent that a court regulation or other law of such a court requires that a lawyer who is not admitted to practise in that jurisdiction be admitted before appearing before a court or administrative authority must obtain such power. [3] Other measures that may be necessary to fulfil the responsibilities prescribed in point (a) may depend on the structure of the undertaking and the nature of its practice. In a small law firm with experienced lawyers, informal follow-up and regular review of compliance with required systems is usually sufficient. In a large company or in practice, difficult ethical issues may often be necessary, more elaborate measures may be necessary. For example, some law firms have a procedure whereby junior lawyers can confidentially submit ethical issues directly to a designated senior partner or special committee. See Rule 5.2. Companies, large and small, can also count on legal training in professional ethics. In all cases, the ethical atmosphere of a firm can influence the conduct of all its members, and partners should not assume that all lawyers associated with the firm will necessarily comply with the rules.
[1] A lawyer may only practise in a jurisdiction where he or she is qualified. A lawyer may be lawfully admitted to practice in a jurisdiction or may be authorized by order or order of the court or by law to practice for limited purposes or on a limited basis. Paragraph (a) applies to the unlawful exercise of this right by a lawyer, whether by direct action of the lawyer or by the lawyer assisting another person. For example, a lawyer cannot assist a person in exercising this right, which violates the rules of ethics of his competence. [12] Paragraph (c)(3) allows a lawyer admitted to practise in another jurisdiction to temporarily provide services in that jurisdiction if those services are in or reasonably related to an arbitration, mediation or other alternative dispute resolution of ongoing or potential disputes in that or in another jurisdiction, if the services arise from the lawyer`s practice in a The jurisdiction in which the lawyer is admitted to practise exists or is reasonably related to it. However, counsel must be admitted in the event of arbitration or mediation before the court, or otherwise if the rules of procedure so require. [3] The lawyer may use non-lawyers from outside the firm to help provide legal services to the client. Examples include maintaining an investigative or paraprofessional department, hiring a document management company to create and maintain a database for complex disputes, sending client documents to third parties for printing or scanning, and using an Internet service to store client information. When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner consistent with the lawyer`s professional obligations. The extent of this obligation depends on the circumstances, including the training, experience and reputation of the non-lawyer; the nature of the services concerned; the terms of any agreement on the protection of customer information; and the legal and ethical environment of the jurisdictions in which services are provided, in particular with regard to confidentiality.
See also Rule 1.1 (Jurisdiction), 1.2 (Delegation of Authority), 1.4 (Communication with Client), 1.6 (Confidentiality), 5.4(a) (Professional Independence of Counsel) and 5.5(a) (Unauthorized Exercise of Law). When hiring or directing a non-lawyer outside the Registry, a lawyer must give instructions appropriate in the circumstances to provide reasonable assurance that the non-lawyer`s conduct is consistent with the lawyer`s professional obligations. [6] In order to acquire the necessary knowledge and skills, a lawyer should undergo additional training in the fields of activity in which he operates. Particular attention should be paid to the benefits and risks associated with the corresponding technology.