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Ch 32, p.70 RULES OF PROFESSIONAL CONDUCT May 2012<br />

respect to the same matter. Under some circumstances the legal and law-related services may be so<br />

closely entwined that they cannot be distinguished from each other, and the requirement <strong>of</strong><br />

disclosure and consultation imposed by paragraph (a)(2) <strong>of</strong> the rule cannot be met. In such a case a<br />

lawyer will be responsible for ensuring that both the lawyer’s conduct and, to the extent required by<br />

rule 32:5.3, that <strong>of</strong> nonlawyer employees in the distinct entity that the lawyer controls comply in all<br />

respects with the <strong>Iowa</strong> Rules <strong>of</strong> Pr<strong>of</strong>essional Conduct.<br />

[9] A broad range <strong>of</strong> economic and other interests <strong>of</strong> clients may be served by lawyers’ engaging<br />

in the delivery <strong>of</strong> law-related services. Examples <strong>of</strong> law-related services include providing financial<br />

planning, accounting, economic analysis, social work, psychological counseling, and non-legal<br />

consulting such as engineering, medical, or environmental consulting.<br />

[10] When a lawyer is obliged to accord the recipients <strong>of</strong> such services the protections <strong>of</strong> those<br />

rules that apply to the client-lawyer relationship, the lawyer must take special care to heed the<br />

proscriptions <strong>of</strong> the rules addressing conflict <strong>of</strong> interest (rules 32:1.7 through 32:1.11, especially<br />

rules 32:1.7(a)(2) and 32:1.8(a), (b), and (f)), and to scrupulously adhere to the requirements <strong>of</strong> rule<br />

32:1.6 relating to disclosure <strong>of</strong> confidential information. The promotion <strong>of</strong> the law-related services<br />

must also in all respects comply with rules 32:7.1 through 32:7.5, 32:7.7, and 32:7.8, dealing with<br />

advertising and solicitation. In that regard, lawyers should take special care to identify the<br />

obligations that may be imposed as a result <strong>of</strong> this state’s decisional law.<br />

[11] When the full protections <strong>of</strong> all <strong>of</strong> the <strong>Iowa</strong> Rules <strong>of</strong> Pr<strong>of</strong>essional Conduct do not apply to<br />

the provision <strong>of</strong> law-related services, principles <strong>of</strong> law external to the rules, for example, the law <strong>of</strong><br />

principal and agent, govern the legal duties owed to those receiving the services. Those other legal<br />

principles may establish a different degree <strong>of</strong> protection for the recipient with respect to<br />

confidentiality <strong>of</strong> information, conflicts <strong>of</strong> interest, and permissible business relationships with<br />

clients. See also rule 32:8.4 (Misconduct).<br />

[12] Certain services that may be performed by nonlawyers nonetheless are treated as the practice<br />

<strong>of</strong> law in <strong>Iowa</strong> when performed by lawyers, including consummation <strong>of</strong> real estate transactions,<br />

preparation <strong>of</strong> tax returns, legislative lobbying, and estate planning. See rule 32:3.9, cmt. [4]; <strong>Iowa</strong><br />

Ct. R. 37.5. Accordingly, the lawyer providing such services must at all times and under all<br />

circumstances comply fully with the <strong>Iowa</strong> Rules <strong>of</strong> Pr<strong>of</strong>essional Conduct.<br />

[Court Order April 20, 2005, effective July 1, 2005]<br />

PUBLIC SERVICE<br />

Rule 32:6.1: VOLUNTARY PRO BONO PUBLICO SERVICE<br />

Every lawyer has a pr<strong>of</strong>essional responsibility to provide legal services to those unable to<br />

pay. A lawyer should aspire to render at least 50 hours <strong>of</strong> pro bono publico legal services per<br />

year. In fulfilling this responsibility, the lawyer should:<br />

(a) provide a substantial majority <strong>of</strong> the 50 hours <strong>of</strong> legal services without fee or expectation<br />

<strong>of</strong> fee to:<br />

(1) persons <strong>of</strong> limited means or<br />

(2) charitable, religious, civic, community, governmental, and educational organizations in<br />

matters that are designed primarily to address the needs <strong>of</strong> persons <strong>of</strong> limited means; and<br />

(b) provide any additional services through:<br />

(1) delivery <strong>of</strong> legal services at no fee or substantially reduced fee to individuals, groups,<br />

or organizations seeking to secure or protect civil rights, civil liberties, or public rights,<br />

or charitable, religious, civic, community, governmental, and educational organizations in<br />

matters in furtherance <strong>of</strong> their organizational purposes, where the payment <strong>of</strong> standard legal<br />

fees would significantly deplete the organization’s economic resources or would be otherwise<br />

inappropriate;<br />

(2) delivery <strong>of</strong> legal services at a substantially reduced fee to persons <strong>of</strong> limited means; or<br />

(3) participation in activities for improving the law, the legal system, or the legal pr<strong>of</strong>ession.<br />

In addition, a lawyer should voluntarily contribute financial support to organizations that<br />

provide legal services to persons <strong>of</strong> limited means.<br />

Comment<br />

[1] Every lawyer, regardless <strong>of</strong> pr<strong>of</strong>essional prominence or pr<strong>of</strong>essional work load, has a

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