massachusetts attorney rules of professional conduct

Your feedback will not receive a response. [2] A report about misconduct is not permitted or required where it would involve violation of Rule 1.6. This limitation does not prohibit payment to a former partner or associate pursuant to a separation or retirement agreement. [4] A lawyer may require advance payment of a fee, but is obliged to return any unearned portion. A lawyer may pursue a quantum meruit recovery or payment for expenses advanced only if  the contingent fee agreement so provides. Ordinarily, the lawyer should send the written fee statement to the client before any substantial services are rendered. The lawyer agrees to perform them faithfully and with due diligence. Such a situation is governed by the Rules applicable to the client-lawyer relationship. As of October 13, 2017 Comparison of Newly Adopted Massachusetts Rules of Professional Conduct with ABA Model Rules MASSACHUSETTS New rules as adopted by Massachusetts Supreme Court to be effective 9/1/08. However, it is proper to define the extent of services in light of the client's ability to pay. The article … How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Otherwise, the client might have to bargain for further assistance in the midst of a proceeding or transaction. 3.3 Candor to Tribunal. MISCELLANEOUS. All attorneys admitted to practice in Massachusetts are governed by the Rules of Professional Conduct adopted by the Massachusetts Supreme Judicial Court. Top-requested sites to log in to services provided by the state. Disputes over Fees. Rule 1.10. (4) The requirements of paragraphs (f)(I) -(3) shall not apply when the client is an organization, including a non-profit or governmental entity. [9] Nothing in this Rule is intended to mandate that a lawyer destroy a file. However, it does not affect the substantive law that fees must be reasonable to be enforceable against the client. A recent issue of Massachusetts Lawyers Weekly features Russell Beck in an article titled “Ethical rule fails to free attorney from noncompete.”. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who ... [3B] The "fair value" of the legal services rendered by the attorney before the occurrence of a contingency in a contingent fee case is an equitable determination designed to prevent a client from being unjustly enriched if no fee is paid to the attorney. [7] A division of fee is a single billing to a client covering the fee of two or more lawyers who are not in the same firm. [5] An agreement may not be made whose terms might induce the lawyer improperly to curtail services for the client or perform them in a way contrary to the client's interest. All orders are fulfilled by Publishers Storage and Shipping Company, 46 Development Road, Fitchburg, MA 01420. The Massachusetts Rules of Professional Conduct broadly govern all advertisements and communications made by attorneys and law firms in the state. Rules of Professional Conduct. [6] Paragraph (d) prohibits a lawyer from charging a contingent fee in a domestic relations matter when payment is contingent upon the securing of a divorce or upon the amount of alimony or support or property settlement to be obtained. Adopted June 25, 2013; Effective January 1, 2014 PREAMBLE: A LAWYER'S. process for violations of the Massachusetts Rules of Professional Conduct, no work has described that process in great detail while also analyzing the related … Reporting a violation is especially important where the victim is unlikely to discover the offense. RULE 3:07 MASSACHUSETTS RULES OF PROFESSIONAL CONDUCT PREAMBLE AND SCOPE PREAMBLE: A LAWYER'S RESPONSIBILITIES. Also unlike Model Rule 1.6(b)(2) … However, a lawyer using a modified form of fee agreement must explain to the client any provisions that materially differ from or add to those contained in Forms A and B, and obtain the client's informed written consent. RULE 1.0: TERMINOLOGY . However, documents that are part of the client’s file at the time of a request for the file must thereafter be preserved and produced. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. [11] Paragraphs (f)(1) and (f)(2) provide two forms of contingent fee agreement that may be used. A lawyer shall provide competent representation to a client. Massachusetts establishes these codes of conduct for attorneys, judges, and clerks of court. If the client cannot be found, the lawyer shall securely retain such documents or, where applicable, deliver such items to an appropriate governmental repository. 03-264 IN RE: REVISING THE ) MONTANA RULES OF ) O R D E R … [12] Paragraph (f)(3) permits the lawyer and client to agree to modifications to Forms A and B, including modifications which are more favorable to the lawyer, to the extent permitted by this rule. Rule 3:07 - Massachusetts Rules of Professional Conduct. (1) The claim, controversy, and other matters with reference to which the services are to be performed are: (2) The contingency upon which compensation is to be paid is recovery of damages, whether by settlement, judgment or otherwise. A … Rules of Professional Conduct? The American Bar Association does not appear to have quite finished with its program of using its Model Rules of Professional Conduct … Mass.gov® is a registered service mark of the Commonwealth of Massachusetts. The court reasoned that the ethical rules were intended to protect the public from unethical conduct by the attorney, not to protect the attorney from their non-attorney clients. Imputation of Conflicts of Interest: General Rule. For general information about MJP, please see the … Whether the lawyer will receive any payment for the work done before the termination, and the amount of any payment, will depend on the benefit to the client of the services performed by the lawyer as well as the timing and circumstances of the termination. Rule 3.7 - Lawyer As Witness (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. Maine Rules of Professional Conduct. This paragraph does not give the lawyer any rights to payment beyond those conferred by existing law. [5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. All other intrinsically valuable documents must be appropriately safeguarded and delivered in accordance with paragraph (b) above, or retained until such time as the documents no longer possess intrinsic value. Rule 1.1; Rule 1.2; ... 10. For purposes of this Rule, work product shall consist of documents and tangible things prepared in the course of the representation of the client by the lawyer or at the lawyer's direction by the lawyer’s employee, agent, or consultant, and not described in subparagraphs (2), (3), (4) or (5) above. Criminal defense counsel and defense counsel in delinquency cases shall retain a client’s files as follows: (1) for the life of the client if the matter resulted in a conviction and a sentence of death or life imprisonment with or without the possibility of parole; and. Found inside – Page 76[ 2 ] A report about misconduct is not required or permitted where it would involve violation of Rule 1.6 . ... Rule 8.3 does not preclude a lawyer from reporting a violation of the Massachusetts Rules of Professional Conduct in ... Found inside – Page 22The attorney asked two questions of the ethics committee: whether the attorney was required to turn over the client's ... The committee concluded that Massachusetts Rule of Civil Procedure 1.14 allows the attorney to contact the other ... The purpose of this treatise, Massachusetts Bar Discipline: History, Practice, and Procedure, is to make the law and procedure related to bar discipline more accessible and understandable to the bench, the bar, and the public. A lawyer shall take reasonable measures to ensure that the destruction of all or any portion of a client file shall be carried out in a manner consistent with all applicable confidentiality obligations. 1. relationship may violate the rules governing their conduct. Would you like to provide additional feedback to help improve Mass.gov? In the event that the OBC concludes that an attorney has engaged in unethical conduct under the Massachusetts Rules of Professional Conduct, the … The Rules of Professional Conduct are rules of reason. [7] Under paragraphs (c) and (f) of this Rule, the nature of the underlying case dictates the minimum time period that a file must be retained before it may be destroyed without client agreement. It also may lead to the lawyer … Other factors relevant to determining "fair value" in any particular situation may include those set forth in Rule 1.5(a), as well as the circumstances of the discharge or withdrawal, the amount of legal work required to bring the case to conclusion after the discharge or withdrawal, and the contingent fee to which the lawyer would have been entitled upon the occurrence of the contingency. R .Prof. The article covers a decision by the Business Litigation Session of the Massachusetts Superior Court that the rules of professional conduct governing the practice of law do not excuse an attorney from complying with the restrictive … [5] The client’s file does not include a lawyer’s administrative files such as conflict checks, billing and accounting records, and communications within a law firm concerning matters of administration such as account creation, billing and collections, logistics, and the assignment and evaluation of personnel assigned to the matter. A lawyer shall not enter into an arrangement for, charge, or collect: (1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or. Scope . The Rules of Professional Conduct, when properly applied, serve to define that relationship. 3.8 Special Responsibilities of a Prosecutor. A lawyer is not required to provide any special explanation when using paragraph (2). Rule 1.11A. The revised rules, effective July 1, 2016, for Maryland Attorneys’ Rules of Professional Conduct and Attorney Trust Accounts are found under Maryland Rules … (6) [IF APPLICABLE] If the attorney-client relationship is terminated before the conclusion of the case for any reason, the attorney may seek payment for the work done and expenses advanced before the termination. Contact Us: 99 High Street | 2nd Floor | Boston, Massachusetts 02110 | (617) 728-8750 Upon conclusion of a contingent fee matter for which a writing is required under this paragraph, the lawyer shall provide the client with a written statement explaining the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination. A division of fee is a single billing to a client covering the fee of two or more lawyers who are … (b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as … The pre-2013 version of Rule 1.5, concerning fees, states, A lawyer appropriately may decide to retain certain types or portions of files, or portions of files for longer than six years, such as files relating to a structured settlement or other matters creating long-term obligations to or by the client. Found insideThe fact that you lost your case does not mean that your attorney violated a canon of professional responsibility. In Massachusetts, for example, you can register a written complaint about your lawyer with the Board of Bar Overseers, ... These may be on a flat rate basis or in a descending or ascending scale in relation to the amount collected.] A lawyer should not exploit a fee arrangement based primarily on hourly charges by using wasteful procedures. Client-Lawyer Relationship. [2] The client’s file in a given matter consists of those items that must be made available upon the client’s direction to the client or successor counsel to provide a reasonably complete record of the services provided and, if the matter is unfinished, to give successor counsel what is needed to complete the representation. Found inside – Page 7-41164 Colorado Rules of Professional Conduct 3.8(f). ... 157 Peter C. Sheridan, Grand Jury Subpoenas to Criminal Defense Attorneys: Massachusetts Restrains the Federal Prosecutor Through An "Ethical'' Rule, 2 Geo. J. Legal Ethics 485, ... This agreement and its performance are subject to Rule 1.5 of the Rules of Professional Conduct adopted by the Massachusetts Supreme Judicial Court. C.) contained in the Court’s SJC Rule 3.07. Except for contingent fee arrangements concerning the collection of commercial accounts and of insurance company subrogation claims, a contingent fee agreement shall be in writing and signed in duplicate by both the lawyer and the client within a reasonable time after the making of the agreement. The client is not to be liable to pay court costs and expenses of litigation, other than from amounts collected for the client by the lawyer; or. This statement of claim will help the client and any successor attorney to assess the financial consequences of a change in representation. Found inside – Page 359Problems, Law, and Professional Responsibility Susan R. Martyn, Lawrence J. Fox ... the highly fiduciary nature of the attorney-client relationship and duties on counsel imposed by the Massachusetts Rules of Professional Conduct . A lawyer may destroy a client’s file in accordance with this Rule notwithstanding the possibility that there could be further proceedings after the expiration of the time limits set forth in this Rule (such as a motion for a new trial or for relief from a judgment in light of changes in the law or the discovery of additional evidence), so long as such proceedings are not pending or anticipated at the time of the destruction. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves. [3] Contingent fees, like any other fees, are subject to the not-clearly-excessive standard of paragraph (a) of this rule. Found inside – Page 13-67This inconsistency raised the possibility that plaintiff's counsel violated their ethical obligation under the Massachusetts Rules of Professional Conduct, which prohibits a lawyer from failing to disclose a material fact to a tribunal ... This true story of an epic courtroom showdown, where two of the nation's largest corporations were accused of causing the deaths of children from water contamination, was a #1 national bestseller and winner of the National Book Critics ... SCOPE [14] The Rules of Professional Conduct are rules of … However, a lawyer should encourage a client to consent to disclosure where prosecution would not substantially prejudice the client’s interests. (To client)________________                          (Signature of client)                                                   Â, (To lawyer)________________                       (Signature of lawyer)   Â,  Date:______,20_                                                                                                                   Â. to perform the legal services mentioned in paragraph (1) below. Such documents may be subject to discovery in a dispute concerning the representation, but ordinarily do not need to be provided to the client or successor counsel at the client’s direction. The Commission for the Revision of the Rules of Professional Conduct (“Commission”) has evaluated current rule 4-100 (Preserving Identity of Funds and Property of a Client) and considered ABA counterpart, Model Rule 1.15 (Safekeeping Property). A lawyer who uses a form of contingent fee agreement that contains provisions that materially differ from or add to those contained in Forms A or B shall explain those different or added provisions or options to the client and obtain the client's informed consent confirmed in writing. {Here insert the percentages to be charged in the event of collection. Mass.gov® is a registered service mark of the Commonwealth of Massachusetts. Do not include sensitive information, such as Social Security or bank account numbers. Would you like to provide additional feedback to help improve Mass.gov? The percentage shall be applied to the amount of the recovery not including any attorney's fees awarded by a court or included in a settlement. See Rule 1.6(c). Found inside – Page 4-39Like any other attorney appearing before the court, a prosecutor must be truthful in their representations to the court. The rules of professional conduct require prosecutors, like other attorneys, to act with decorum both inside and ... (i) The lawyer agrees to advance, on behalf of the client, all out-of-pocket costs and expenses. While in most contingency cases, the contingency upon which compensation will be paid is recovery of damages, paragraph (2) of Form B permits lawyers and clients to agree to other lawful contingencies. Paragraph (e) permits the lawyers to divide a fee if the client has been informed that a division of fees will be made and consents in writing. Rules of Professional Conduct (amended as of 9/1/18) set forth the ethical standards for the practice of law in Massachusetts and constitute a set of rules … A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee or collect an unreasonable amount for expenses. ** Highlight indicates adoption of Ethics 20-20 Commission August 2012 and February 2013 Rule … (To client)________________                                      (Signature of client)                                                   Â, (To lawyer)________________                                     (Signature of lawyer)   Â. A lawyer’s obligations with respect to client funds are governed by Rule 1.15 and, with specific respect to trust property such as jewelry and other valuables entrusted to the lawyer by the client, by Rule 1.15(b)(4). (c) A lawyer shall not solicit professional employment even when not otherwise prohibited by paragraph (b), if: Paragraphs (2), (3), and (7) of Form B differ from Form A. relationship may violate the rules governing their conduct. Rule 1.12. Found inside – Page 43The trial court granted Harvard's (D) motion to sanction MR & W (P) for violating a Massachusetts rule, adopted from the American Bar Association's Model Rules of Professional Conduct, that essentially prohibits an attorney from ... Massachusetts Rules of Professional Conduct Rule 1.16 provides the many situations in which an attorney may or must withdraw his or her appearance including. Minnesota Rules of Professional Conduct Adobe PDF. Rules for the Regulation of the Practice of Law in the Courts of Montana by Attorneys at Law. The Connecticut Rules of Professional Conduct were created to ensure that all attorneys that advertise online do so in a fair and honest manner. Examples of work product include without limitation legal research, closing binders, records of witness interviews, and reports of negotiations. A division of a fee (including a referral fee) between lawyers who are not in the same firm may be made only if the client is notified before or at the time the client enters into a fee agreement for the matter that a division of fees will be made and consents to the joint participation in writing and the total fee is reasonable. Rules of Professional C onduct or other law, the lawyer shall advise the client of the relevant limitations on the lawyer's conduct. Once a document is finalized or personal notes of an event are memorialized, this Rule does not require preservation of the drafts or notes. RULES OF PROFESSIONAL CONDUCT Chapter 8. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Found insideProfessional Responsibility in International Criminal Defence Till Gut ... 1988); HL Feldman, 'Beyond the Model Rules: The Place of Examples in Legal Ethics' (1998–99) 12 Georgetown Journal of Legal Ethics 409, 410; Hall (n 23) § 3:20; ... To aid in interpreting these new Rules, they are being published with Would you like to provide additional feedback to help improve Mass.gov? Found insideMassachusetts Chapter of the National Academy of Elder Law Attorneys (Mass NAELA) to the Proposed Rules and Comments of the Massachusetts Bar Association (MBA) on the Massachusetts Model Rules of Professional Conduct,” October 30, 1996, ... The factors to be considered in determining whether a fee is clearly excessive include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and. [13] When attorney's fees are awarded by a court or included in a settlement, a question arises as to the proper method of calculating a contingent fee. Rule 4:01, § 12(3) . Unless otherwise agreed in writing, the lawyer will ordinarily not be entitled to receive a fee unless the contingency has occurred. Such payment shall not exceed the lesser of (i) the fair value of the legal services rendered by the lawyer, or (ii) the contingent fee to which the lawyer would have been entitled upon the occurrence of the contingency. Lawyer’S Responsibilities to Former Clients and Other Third Persons 632 pages. It is sufficient, for example, to state that the basic rate is an hourly charge or a fixed amount or an estimated amount, or to identify the factors that may be taken into account in finally fixing the fee. (4) Compensation (including that of any associated counsel) to be paid to the lawyer by the client on the foregoing contingency shall be the following percentage of the (gross) (net) [indicate which] amount collected. They should be interpreted with reference to the purposes of legal representa-tion and of the law … [5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients … The client file for a transactional matter would include all correspondence, including with the client and counterparties and the exchange of drafts, contracts and other documents establishing the terms of the transaction (often gathered into a “closing binder”), and memorialized legal research and analysis. ADOPTED BY THE SUPREME JUDICIAL COURT. Massachusetts Proposes Amendments to Rules of Professional Conduct. Rule 8.2 Judicial Officials (a) A lawyer shall not make a statement of fact that the lawyer knows* to be false or with (8) if the lawyer is the successor to a lawyer whose representation has terminated before the conclusion of the case, whether the client or the successor lawyer is to be responsible for payment of former counsel's attorney's fees and expenses, if any such payment is due. Rule 1.5 - Fees (a) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee or collect an unreasonable amount for … Variations from the Model Rules are noted. A broad, comprehensive foray into the debate about the legal crisis, written by one of the most respected and authoritative scholars of the legal profession. For example, a lawyer should not enter into an agreement whereby services are to be provided only up to a stated amount when it is foreseeable that more extensive services probably will be required, unless the situation is adequately explained to the client. The lawyer agrees to perform them faithfully and with due diligence . Applicable law may impose limitations on contingent fees, such as a ceiling on the percentage allowable, or may require a lawyer to offer clients an alternative basis for the fee. Client-Lawyer Relationship | (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent … [3] While a measure of judgment is required in complying with the provisions of the Rule, a lawyer must report misconduct that, if proven and without regard to mitigation, would likely result in an order of suspension or disbarment, including misconduct that would constitute a “serious crime” as defined in  S.J.C. If the conditions imposed by this Rule are satisfied, the lawyer may destroy the files in a manner consistent with the lawyer's obligation to maintain the confidentiality of information relating to the representation under Rules 1.6 and 1.9 and other applicable law such as the Massachusetts Privacy Act, Mass. 3.4 Fairness to Opposing Party and Counsel. The client should initial next to the option selected. (3) The lawyer agrees to advance, on behalf of the client, all out-of-pocket costs and expenses. Found inside – Page iWith complete coverage of the ethical principles that inform the role of the paralegal, Ethics and Professional Responsibility for Paralegals, Eighth Edition is ideal for use as either a primary course book, or a supplementary text. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Paragraph (a) does not impose an obligation to preserve documents that a lawyer following customary practices would not normally preserve in the client’s file. (2) The requirement of a writing shall not apply to a single-session legal consultation or where the lawyer reasonably expects the total fee to be charged to the client to be less than $500. Washington and ABA Model Rules Compared. (2) A lawyer who uses Form A does not need to provide any additional explanation to a client beyond that otherwise required by this rule. And yet, California’s Rule of Professional Conduct 3.3, like many other professional rules and statutes … The Top-requested sites to log in to services provided by the state. (ii) The client is not to be liable to pay compensation or court costs and expenses of litigation otherwise than from amounts collected for the client by the lawyer, except as follows: (4) Compensation (including that of any associated counsel) to be paid to the lawyer by the client on the foregoing contingency shall be the following percentage of the (gross) (net) [indicate which] amount collected. 3. This article focuses on the responsibilities owed to clients under the Massachusetts Rules of Professional Conduct by both departing and remaining lawyers. Found inside – Page 56Rule 3-700 ( D ) , California Rules of Professional Conduct . 10. ... Rule 1.16 ( e ) , Massachusetts Rules of Professional Conduct . 12. ... Id . , 91 N.Y.2d 30 at 35 , quoting Restatement [ Third ] of the Law Governing Lawyers § 58 . New to This Edition: American Bar Association developments, including the reexamination of the Model Rules of Professional Conduct the ABA Commission on Multijurisdictional Practice, studying full range of issues related to lawyers ... Nonprofit and Court.Annexed Limited Legal Services Programs . See Rule 1.16(d) . The writing shall state the following: (1) the name and address of each client; (2) the name and address of the lawyer or lawyers to be retained; (3) the nature of the claim, controversy, and other matters with reference to which the services are to be performed; (4) the contingency upon which compensation will be paid, whether and to what extent the client is to be liable to pay compensation otherwise than from amounts collected for him or her by the lawyer, and if the lawyer is to be paid any fee for the representation that will not be determined on a contingency, the method by which this fee will be determined; (5) the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer out of amounts collected, and unless the parties otherwise agree in writing, that the lawyer shall be entitled to the greater of (i) the amount of any attorney's fees awarded by the court or included in the settlement or (ii) the amount determined by application of the percentage or other formula to the recovery amount not including such attorney's fees; (6) the method by which litigation and other expenses are to be calculated and paid or reimbursed, whether expenses are to be paid or reimbursed only from the recovery, and whether such expenses are to be deducted from the recovery before or after the contingent fee is calculated; (7) if the lawyer intends to pursue such a claim, the client's potential liability for expenses and reasonable attorney's fees if the attorney-client relationship is terminated before the conclusion of the case for any reason, including a statement of the basis on which such expenses and fees will be claimed, and, if applicable, the method by which such expenses and fees will be calculated; and. As such, the standard differs from that for fees, as described in Comment 1A. Two alternative provisions in paragraphs ( 3 ) and ( 7 ) use. To provide additional feedback to help improve Mass.gov fox... the highly fiduciary nature of client... Of work product include without limitation legal research, closing binders, records of witness interviews and. Information to improve the site must be delivered to the selected option meets the `` confirmed writing... C. ) contained in the scale of 1, Strongly Disagree, to 5, agree. Properly applied, serve to define the extent of services in light of the Profession and the Privacy! Collected. ] duty by lawyers and judges deceptive or misleading, or that otherwise violates any Rule 604Center! Some Idaho variations client as provided in Comment 1A 9 ] Nothing in this Rule lawyers! Fees, as the case may be violates any Rule a ) requires! Cranston ( ed ), authorize referral fees passing between attorneys fee should comply with the fee the... 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Is important, however, it should not Follow ABA on attorney Conduct Rules of negotiations [ 2 ] report. Parties, the Rules of Professional Conduct adopted by the percentage calculation described above, whichever is greater of! Conduct Rule 1.16 ( e ), Rules of Professional Responsibility ( American Association... Determining whether an offense would warrant suspension or disbarment may be on a flat rate or.
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