Advocacy and notary office. Professional ethics of a lawyer (most important)

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Advocacy and notary office. Professional ethics of a lawyer (most important)

Lecture notes, cheat sheets

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6. Professional ethics of a lawyer

In the countries of the European Community there is a "Common Code of Practice for Lawyers in the European Community". At a conference held in September 1990 in New York, the International Bar Association adopted a legal document, Standards for the Independence of the Legal Profession of the International Bar Association.

On January 31, 2003, the First All-Russian Congress of Lawyers adopted the Code of Professional Ethics for Lawyers. This document establishes the rules of conduct binding on every lawyer in the exercise of advocacy, based on the moral criteria and traditions of the legal profession, as well as on international standards and rules of the legal profession.

Honesty in advocacy involves:

1) subjectively honest attitude to the expression of individual assessments, personal opinions, the lawyer's own position;

2) honest behavior of a lawyer in relations with other people;

3) suppression of dishonesty, fraud, other crimes in the provision of legal assistance to a client;

4) the right of a lawyer to choose his behavior and his position in relations with the client and the court, compatible with his lawyer status.

In order to achieve a sufficient level of professionalism in the performance of their duties, a lawyer must:

1) closely monitor the development of legislation in all areas of law that he encounters in his activities, be aware of law enforcement practice, maintain and improve his qualifications;

2) be able to correctly assess the level of their competence, the complexity and specifics of the task, be able to correctly and timely solve problems related to the execution of the client's order;

3) in case of insufficient own qualifications, when the client requests to conduct the case, he must either refuse the assignment, or obtain the client's consent to consult with another lawyer competent in this field, or to cooperate with him;

4) in case of refusal to execute the client's order due to his insufficient competence, the lawyer must recommend another specialist, and such assistance must be provided on an internal conviction.

The principle of good faith means that a lawyer, in the performance of his professional duties, must act with the greatest dedication of his own strengths and abilities, make every effort to provide qualified assistance to the client in the shortest possible time and with the maximum consideration of the interests of the latter.

Authors: Nevskaya M.A., Shalagina M.A.

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