正确认识美国律师的角色定位（2）

[①] 原文：Rule 1.16 Declining or TerminatingRepresentation

(b)except as stated in paragraph (c), a lawyer may withdraw from representing aclient if:

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(4) the client insists upon taking actionthat the lawyer considers repugnant or with which the lawyer has a fundamentaldisagreement;

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(7) other good cause for withdrawal exists.

(c)A lawyer must comply with applicable law requiring notice to or permission of atribunal when terminating a representation. When ordered to do so by atribunal, a lawyer shall continue representation notwithstanding good cause forterminating the representation.

[②] 原文：Rule6.2 Accepting Appointments

A lawyershall not seek to avoid appointment by a tribunal to represent a person exceptfor good cause, such as:

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(c) the client or the cause is so repugnantto the lawyer as to be likely to impair the client-lawyer relationship or thelawyer's ability to represent the client.

[③] 原文：Rule1.6: Confidentiality of Information

(a) Alawyer shall not reveal information relating to the representation of a clientunless the client gives informed consent, the disclosure is impliedlyauthorized in order to carry out the representation or the disclosure ispermitted by paragraph (b).

(b) Alawyer may reveal information relating to the representation of a client to theextent the lawyer reasonably believes necessary:

(1) to prevent reasonably certain death orsubstantial bodily harm;

(2) to prevent the client from committing acrime or fraud that is reasonably certain to result in substantial injury tothe financial interests or property of another and in furtherance of which theclient has used or is using the lawyer's services;

(3) to prevent, mitigate or rectifysubstantial injury to the financial interests or property of another that isreasonably certain to result or has resulted from the client's commission of acrime or fraud in furtherance of which the client has used the lawyer'sservices;

[④] 原文：Rule1.0: Terminology

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(f)"Knowingly," "known," or "knows" denotes actualknowledge of the fact in question. A person's knowledge may be inferred fromcircumstances.

[⑤] 原文：Rule3.3 Candor Toward the tribunal

(a) Alawyer shall not knowingly:

(1) make a false statement of fact or law toa tribunal or fail to correct a false statement of material fact or lawpreviously made to the tribunal by the lawyer;

[⑥] 原文：Rule4.1 truthfulness in Statements to Others

In thecourse of representing a client a lawyer shall not knowingly:

(a)make a false statement of material fact or law to a third person;

[⑦] 原文：Rule3.3 Candor Toward the tribunal

(a) Alawyer shall not knowingly:

(1) make a false statement of fact or law toa tribunal or fail to correct a false statement of material fact or lawpreviously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legalauthority in the controlling jurisdiction known to the lawyer to be directlyadverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows tobe false. If a lawyer, the lawyer's client, or a witness called by the lawyer,has offered material evidence and the lawyer comes to know of its falsity, thelawyer shall take reasonable remedial measures, including, if necessary,disclosure to the tribunal. A lawyer may refuse to offer evidence, other thanthe testimony of a defendant in a criminal matter, that the lawyer reasonablybelieves is false.

(b) Alawyer who represents a client in an adjudicative proceeding and who knows thata person intends to engage, is engaging or has engaged in criminal orfraudulent conduct related to the proceeding shall take reasonable remedialmeasures, including, if necessary, disclosure to the tribunal.

(c)The duties stated in paragraphs (a) and (b) continue to the conclusion of theproceeding, and apply even if compliance requires disclosure of informationotherwise protected by Rule 1.6.

(d)In an ex parte proceeding, a lawyer shall inform the tribunal of all materialfacts known to the lawyer that will enable the tribunal to make an informeddecision, whether or not the facts are adverse.

[⑧] 原文：Rule 8.3 Reporting Professional Misconduct

(a) Alawyer who knows that another lawyer has committed a violation of the Rules ofProfessional Conduct that raises a substantial question as to that lawyer'shonesty, trustworthiness or fitness as a lawyer in other respects, shall informthe appropriate professional authority.

(b) Alawyer who knows that a judge has committed a violation of applicable rules ofjudicial conduct that raises a substantial question as to the judge's fitnessfor office shall inform the appropriate authority.

(c)This Rule does not require disclosure of information otherwise protected byRule 1.6 or information gained by a lawyer or judge while participating in anapproved lawyers assistance program.

[⑨] 原文：Rule 3.6 trial Publicity

(a) Alawyer who is participating or has participated in the investigation orlitigation of a matter shall not make an extrajudicial statement that thelawyer knows or reasonably should know will be disseminated by means of publiccommunication and will have a substantial likelihood of materially prejudicingan adjudicative proceeding in the matter.

(b)Notwithstanding paragraph (a), a lawyer may state:

(1) the claim, offense or defense involvedand, except when prohibited by law, the identity of the persons involved;

(2) information contained in a public record;

(3) that an investigation of a matter is inprogress;

(4) the scheduling or result of any step inlitigation;

(5) a request for assistance in obtainingevidence and information necessary thereto;

(6) a warning of danger concerning thebehavior of a person involved, when there is reason to believe that thereexists the likelihood of substantial harm to an individual or to the publicinterest; and

(7) in a criminal case, in addition tosubparagraphs (1) through (6):

(i) the identity, residence,occupation and family status of the accused;

(ii) if the accused has not been apprehended,information necessary to aid in the apprehension of that person;

(iii) the fact, time and place ofarrest; and

(iv) the identity of investigatingand arresting officers or agencies and the length of the investigation.

(c)Notwithstanding paragraph (a), a lawyer may make a statement that a reasonablelawyer would believe is required to protect a client from the substantial undueprejudicial effect of recent publicity not initiated by the lawyer or thelawyer's client. A statement made pursuant to this paragraph shall be limitedto such information as is necessary to mitigate the recent adverse publicity.

(d) Nolawyer associated in a firm or government agency with a lawyer subject toparagraph (a) shall make a statement prohibited by paragraph (a).