问题 多项选择题

关于律师必须履行的义务,下列说法不正确的是:

A.甲律师一直在君达律师事务所执业,但是他的朋友与明正律师事务所签订了委托代理合同,甲律师为了帮助朋友更好的打官司,就在业余时间到明正律师事务所工作,专门负责朋友的案子

B.乙律师在马路边遇到一个需要法律帮助的人,于是他就直接接受了这个人的委托,并收取了1000元费用

C.丙律师事务所及其所内律师可以以支付介绍费的方式争揽业务

D.曾担任法官的丁律师,从人民法院离任1年之后,就担任了某民事案件的诉讼代理人

答案

参考答案:A,B,C,D

解析:[考点] 律师的执业职责
根据《律师执业行为规范(试行)》的规定,律师应当履行以下执业职责:(1)不得在2个或2个以上律师事务所执业。同时在一个律师事务所和一个其他法律服务机构执业的视同在两个律师事务所执业。因涉及专业领域问题而邀请另一律师事务所参与办理,且该律师所在的律师事务所与被邀请的律师事务所之间以书面形式约定法律后果由前者承担并告知委托人的,不违背上述的规定。(2)提供法律服务时,应当进行独立的职业思考与判断,认真、负责。(3)不得向委托人就某一案件的判决结果作出承诺。律师在依据事实和法律对某一案件作出某种判断时,应向委托人表明作出的判断仅是个人意见。(4)提供法律服务时,不仅应当考虑法律,还可以以适当方式考虑道德、经济、社会、政治以及其他与委托人的状况相关的因素。 (5)提供法律服务时,应当庄重、耐心、有礼貌地对待委托人、证人、司法人员和相关人员。(6)在执业活动中不得从事,或者协助、诱使他人从事以下行为……(7)不得私自接受委托承办法律事务,不得私自向委托人收取费用、额外报酬、财物或可能产生的其他利益。(8)曾任法官、检察官的律师,离任后未满2年,不得担任诉讼代理人或者辩护人。选项A中的甲律师同时在两家律师事务所执业,且在第二家律所执业的理由并不是因涉及专业领域问题而邀请另一律师事务所参与办理,且该律师所在的律师事务所与被邀请的律师事务所之间也没有以书面形式约定法律后果由前者承担并告知委托人,因此,选项A是错误的。选项B的情形属于私自接受委托承办法律事务,私自向委托人收取费用,所以也是错误的。选项C的做法违反了律师和律师事务所不正当竞争的相关规定,也是不正确的。选项D中,该律师从法院离任未满2年,还不能担任诉讼代理人。所以本题的正确答案是ABCD。

判断题
阅读理解

请认真阅读下列短文,并根据所读内容在文章后表格中的空格里填人最恰当的单词。

注意:每空格1个单词。

     American life before 1950 felt nothing like American life feels now, and a big reason is those three

changes that took place in the second half of the 20th century, which has had the most lasting impact

on our lives today.

     1. The building of the interstates (州际公路).

     2. The covering of the United States with coast-to-coast television.

     3. The introduction and spread of the Internet.

     Before the interstates were constructed, even a trip within an individual state often took considerable

planning; two-lane roads, dangerous and slow, were common. The interstates tore down the invisible

walls around U. S. towns. President Eisenhower was in favor of building the interstates, because he

believed that, in a time of war, they would be helpful in moving troops and supplies. But their immediate

effect was to make Americans feel that certain doors had been unlocked. With the interstates came a sense

of freedom: A person could drive anywhere- everywhere-easily. Suddenly, horizons were unlimited. "Local"

didn't mean quite the same thing it used to. Getting away was effortless.

     The introduction of national television meant that for the first time in history, people in every corner of

the country were watching exactly the same thing at exactly the same moment. It connected the country,

in a way that even network radio hadn't accomplished, and it was because of the quality of the TV pictures.

As with the interstates, coast-to-coast television was a cure to separation. Those who ran the newly formed

television networks had an enormous amount of power. Their decisions about what to put on the air determined

what people would be talking about the next day. They controlled what people would laugh at and when, what

people would cry over and when, what would anger people and when it would anger them.

     And then, later in the century, the Internet came along, erasing all symbolic borders. If the interstate

highways had allowed physical freedom, the Internet allowed a different kind of freedom, one unprecedented

(空前的) in human experience. It was no coincidence that it was initially referred to as the information

superhighway: Seemingly overnight, the knowledge of the world was available to anyone with a keyboard and

a modem; people who had never met and would never meet could communicate as if they were lifelong friends.

Now the individual at his or her computer terminal was given the power to decide how he or she would be

informed or entertained at a given moment. No one else had the absolute authority to arrange the individual's

life; he or she made that decision, moment by moment. What in the past might have taken a person a lifetime-

searching for mankind's recorded wisdom in distant and magnificent libraries- now, in theory, was available

with a series of key taps from one's room. What had once seemed unbelievable had, very quickly, become

routine.

     The three developments ended up changing our daily world greatly; largely because of them, it is a world

that would be almost unrecognizable to our grandparents and great-grandparents.