Code of Ethics for Lawyers

The lawyer's code of professional ethics provides for control over the actions, words and intentions of its client. Protecting the rights of clients involves participating in complex relationships with judicial, law enforcement and other government agencies, as well as citizens and organizations.

The interaction of a specialist with a client can, if necessary, be based on very confidential communication.

The provisions that make up the lawyer's code of ethics help to establish trusting relationships through the preservation of legal secrets. In addition, these provisions protect the defender himself from possible temptations and temptations, which may be associated with close communication with the client, as well as a high level of freedom, independence and some degree of closed activity. The lawyer's code of professional ethics helps regulate the lawyer's relations with the court, state authorities, state and other organizations, the media, and colleagues. In addition, the provisions reflect the severity, scrupulousness, transparency and the height of norms, rules and principles, the system of their compliance.

The principles that make up the code of professional ethics of a lawyer are the directions in the process of solving certain problems or issues, the choice of a particular tactic of their behavior or client behavior. These guidelines are necessary due to the fact that it is impossible to predict in advance possible life situations. However, at the same time, in each case, the defender must convincingly justify his intentions, behavior, point of view before the client, himself, colleagues, and society.

The lawyer's code of ethics is of the utmost importance. Some of its provisions are enshrined in the Federal Law. Normative acts regulate the complex structure of the relationship of the defender and the client.

For advocacy, the law establishes several principles. Among them are the following:

  1. Legality.
  2. Independence.
  3. Self management.
  4. Equality.

State power is committed to maintaining the independence of lawyers; funding them when they provide free, statutory assistance to citizens; providing, if necessary, law offices, collegiums, consultations, bureaus with communications and office premises. In addition, the state guarantees human rights defenders and social security provided for by the Constitution for all citizens.

The law obliges lawyers to conduct reasonable, honest, ethical behavior, conscientiousness in upholding the legitimate interests and rights of the principal, while using all means not prohibited by law.

The applicant becomes a member of the Chamber of Human Rights Defenders only after passing the qualification exam, as well as taking the oath. The law stipulates that a lawyer can lose his status if he commits an act that discredits the dignity and honor of a human rights defender or detracts from the authority of the profession.

Control over compliance with the provisions and rules included in the code of professional ethics of a lawyer is entrusted to a special qualification commission. It is formed to take an exam for applicants for the status of a lawyer and to consider complaints about inaction or the actions of lawyers.

The law regulates the principle of independence, the rules of conduct in case of conflict, as well as the observance of lawyer secrets.

It is believed that the principle of independence is one of the main ones. The law guarantees the lawyer the opportunity to carry out their activities without being subjected to harassment. The human rights activist himself is under the protection of the state.

Observance of the lawyer's secrecy is also a very important principle. The law does not give the right to a specialist without the permission of the principal to disclose the information communicated to him. A human rights defender can respect the legal and ethical principles of confidentiality.

Source: https://habr.com/ru/post/F8832/


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