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An attorney is exempt from all provisions of the MARS Rule, except the prohibition against collection of an advance fee, if he:____?

1 Answer

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Final answer:

An attorney is exempt from all provisions of the MARS Rule, with the exception of the prohibition against the collection of advance fees, when they are licensed to practice law in the relevant state and comply with state attorney conduct regulations.

Step-by-step explanation:

An attorney is exempt from all provisions of the Mortgage Assistance Relief Services (MARS) Rule, except the prohibition against collection of an advance fee, if they are providing the services as part of the practice of law, are licensed in the state where the consumer or the dwelling is located, and they comply with state laws and regulations about attorney conduct. When an attorney is offering mortgage assistance relief services, they must adhere to certain legal and ethical standards. However, if those services are considered part of the practice of law, attorneys have a degree of exemption. Notwithstanding, they are still prohibited from collecting fees in advance, before they have completed the services they have agreed to perform. This is in accord with ethical rules that aim to protect consumers in financial distress from potentially exploitative practices. The right to an attorney, emphasized in Glasser v. United States, which protects the interests of the defendant, underpins the importance of ethical conduct by attorneys, ensuring everyone has fair legal representation.

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User AS Mackay
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