Legal ethics in Belarus Ann Valchok, Tamara Sakolchyk 28 August 2009, Łochów Palace.
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Legal ethics in Belarus Ann Valchok, Tamara Sakolchyk 28 August 2009, Łochów Palace
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Transcript of Legal ethics in Belarus Ann Valchok, Tamara Sakolchyk 28 August 2009, Łochów Palace.
Legal ethics in Belarus
Ann Valchok, Tamara Sakolchyk28 August 2009, Łochów Palace
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LEGAL PROFESSIONS: Advocates; Business lawyers; Notaries; Judges; Prosecutors.
ADVOCATES vs. BUSINESS LAWYERS
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Law on Advocacy; internal regulations of the Bar Association.
No separate law; regulations of Ministry of Justice.
Work as members of the Bar Association. No private practice.
Work as individual entrepreneurs or/and employees of a law firm.
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Act under the license issued by the Ministry of Justice:
Higher legal education;3 years experience or 6-12 months probation in the Bar;Examination.
Law firm acts under the license issued by the Ministry of Justice. Each business lawyer is required to be certified by the Ministry of Justice:
Higher legal education;1 year experience;Examination.
Advice on all issues and can appear in all courts (common, commercial and arbitral).
Advice on commercial activities and can appear in commercial and arbitral courts only.
ADVOCATES vs. BUSINESS LAWYERS
SPECIAL REGULATION OF ETHICAL BEHAVIOUR:
Advocates, Business Lawyers & Notaries - Rules of professional ethics;
Judges & Prosecutors - Codes of Honour.
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GENERAL PRINCIPLES
To carry out an activity in a way, which upholds the dignity of lawyer’s profession;
To avoid the conduct which could discredit lawyer’s profession.
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COMMON PRINCIPLESRelations with clients
Not to provide legal services to the parties with conflicting interests in the same case.
To converse with the client’s opponent (provided that client consents), represented by another lawyer, only with the assent and in presence of the latter.7
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COMMON PRINCIPLESRelations with clients
To estimate rationally the cost of legal services provided.
Not to discuss with the client reasonableness of other lawyers’ remuneration.
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COMMON PRINCIPLESRelations with clients
Not to limit by any means the client’s freedom to obtain legal advice from other lawyers.
Not to give promises to the client regarding the results of the case if the client may be mislead by such promises and may imagine that the lawyer is able to influence the results illegally.
COMMON PRINCIPLESConfidentiality
To maintain confidentiality of information concerning client’s activity.
Information shall remain confidential while providing legal services as well as after termination of contractual relations between the lawyer and the client.
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COMMON PRINCIPLESConfidentiality
Law does not protect the principle of confidentiality for business lawyers.
Business lawyer must disclose “confidential information” on request of the court, prosecutor’s office or investigation bodies in case of criminal or civil matter.
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PECULIARITIES OF ADVOCATES’ ACTIVITY
Confidentiality
Advocate is obligated to keep in secret all data provided by the client.
Advocate’s secret is inviolable: advocate shall not disclose confidential information in any case (even to the court or prosecutor’s office in case of criminal matter).
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COMMON PRINCIPLESRelations with other lawyers
Not to speak depreciatingly of other lawyers’ activity.
Legal assessment of the services provided shall not be considered as a depreciating review.
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PECULIARITIES OF ADVOCATES’ ACTIVITY
Responsibility
Shall the advocate violate the rules of professional ethics, the advocate will bear disciplinary responsibility imposed by the Bar Association in accordance with the Law on Advocacy.
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PECULIARITIES OF ADVOCATES’ ACTIVITY
Advertising
Advocate is not allowed to use self-advertisement;
Information regarding membership may be provided solely by the advocates’ office.
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Thank you! Ann Valchok, Tamara Sakolchyke-mails: [email protected]
EstoniaPärnu mnt. 1510141 Tallinn, Estoniatel +372 640 0900fax +372 640 [email protected]
LatviaKr. Valdemāra iela 21LV1010 Riga, Latviatel +371 6 736 5000fax +371 6 736 [email protected]
LithuaniaJogailos g. 4LT01116 Vilnius, Lithuaniatel +370 5 268 5040fax +370 5 268 [email protected]
BelarusPobediteley Ave. 23/3220004 Minsk, Belarus tel +375 17 306 2102 fax +375 17 306 2079 [email protected]
