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International canons of professional ethics of lawyers - Code of Conduct - (The Council of Bars and Law Societies of Europe) Speakers:  Agnieszka Gadomska.

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Presentation on theme: "International canons of professional ethics of lawyers - Code of Conduct - (The Council of Bars and Law Societies of Europe) Speakers:  Agnieszka Gadomska."— Presentation transcript:

1 International canons of professional ethics of lawyers - Code of Conduct - (The Council of Bars and Law Societies of Europe) Speakers:  Agnieszka Gadomska  Katarzyna Ludwichowska

2 International canons of professional ethics of lawyers - Part I - PART I: Council of Bars and Law Societies of Europe The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of more than 700,000 European lawyers through its member bars and law societies from 31 full member countries, and 10 further observer countries. The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of more than 700,000 European lawyers through its member bars and law societies from 31 full member countries, and 10 further observer countries.

3 International canons of professional ethics of lawyers - Part I – 1.Main aim of CCBE 1.Main aim of CCBE The CCBE acts as the liaison between the EU and Europe's national bars and law societies. It has regular institutional contacts with those European Commission officials, and members and staff of the European Parliament, who deal with issues affecting the legal profession. The CCBE acts as the liaison between the EU and Europe's national bars and law societies. It has regular institutional contacts with those European Commission officials, and members and staff of the European Parliament, who deal with issues affecting the legal profession.

4 International canons of professional ethics of lawyers - Part I – 2.CCBE and Code of Conduct A milestone in the CCBE's development was the adoption of the CCBE Code of Conduct in 1988, after six years of drafting and consultation. The Code governs professional contacts between lawyers within the European Community and the activities of lawyers working in member states other than their own. A milestone in the CCBE's development was the adoption of the CCBE Code of Conduct in 1988, after six years of drafting and consultation. The Code governs professional contacts between lawyers within the European Community and the activities of lawyers working in member states other than their own. The Code is binding only when adopted by a particular bar. The Code is binding only when adopted by a particular bar.

5 International canons of professional ethics of lawyers - Part I – 3. CCBE members: Denmark (5.246), Denmark (5.246), Norway (5.390), Norway (5.390), Sweden (4.503), Sweden (4.503), Finland (1.810), Finland (1.810), Estonia (676), Estonia (676), Latvia (1.091), Latvia (1.091), Lithuania (1.318), Lithuania (1.318), Czech Republic (8.020), Czech Republic (8.020), Slovak Republic (4.595), Slovak Republic (4.595), the Netherlands, Belgium, UK, Germany, France, Austria, Italia, Hungary, Croatia, Romania, Bulgaria. the Netherlands, Belgium, UK, Germany, France, Austria, Italia, Hungary, Croatia, Romania, Bulgaria.

6 International canons of professional ethics of lawyers - Part II – PART II: Code of Conduct – Introduction 1.The Code of Conduct was adopted by the CCBE in 1988 after six years of drafting and consultations 2.The aim of Code of Conduct: a)resolve cross borders conflicts between Europe’s widely varying national codes b)govern professional contacts between lawyers within the European Community and the activities of lawyers working in member states other than their own 3.The scope of binding – the Code is binding only when adopted by a particular bar

7 International canons of professional ethics of lawyers - Part II – 4.Status of the Code of Conduct at a national level: DENMARK – the Code of Conduct stays in accordance with the Regulations of the Danish Bar and Law Society the Board of the Society has adopted a Code of Good Conduct binding for all lawyers. The CCBE Code of Conduct has the same status as the Code of Good Conduct. DENMARK – the Code of Conduct stays in accordance with the Regulations of the Danish Bar and Law Society the Board of the Society has adopted a Code of Good Conduct binding for all lawyers. The CCBE Code of Conduct has the same status as the Code of Good Conduct. SWEDEN – the Swedish Bar Association formally adopted the revised CCBE Code of Conduct for European Lawyers at the Board meeting in March 2008. SWEDEN – the Swedish Bar Association formally adopted the revised CCBE Code of Conduct for European Lawyers at the Board meeting in March 2008.

8 International canons of professional ethics of lawyers - Part II – 4. Status of the Code of Conduct at a national level (part. 2): level (part. 2): ESTONIA – in March 2009 the Code of Conduct has been formally adopted by the Estonian Bar ESTONIA – in March 2009 the Code of Conduct has been formally adopted by the Estonian Bar LITHUANIA - the Code of Conduct was adopted in the Conference of Advocates in 2004 and all amendments of this Code are binding to Lithuanian advocates without any formal procedures. The 2006 version of the CCBE Code of Conduct is binding for Lithuanian lawyers on their cross – boarders activities. LITHUANIA - the Code of Conduct was adopted in the Conference of Advocates in 2004 and all amendments of this Code are binding to Lithuanian advocates without any formal procedures. The 2006 version of the CCBE Code of Conduct is binding for Lithuanian lawyers on their cross – boarders activities.

9 International canons of professional ethics of lawyers - Part II – 4. Status of the Code of Conduct at a national level (part. 3): national level (part. 3): POLAND – the CCBE Code of Conduct is binding for the members of the Polish Bar as a part of soft law. The provisions of the Code of Conduct and the Polish one are parallel and comparable. POLAND – the CCBE Code of Conduct is binding for the members of the Polish Bar as a part of soft law. The provisions of the Code of Conduct and the Polish one are parallel and comparable.

10 International canons of professional ethics of lawyers - Part III – PART III: The framework of the Code of Conduct General principles General principles Relations with Clients e.g. conflict of interests; fee payments Relations with Clients e.g. conflict of interests; fee payments Relations with the Courts e.g. false or misleading information Relations with the Courts e.g. false or misleading information Relations between the lawyers e.g. corporate spirit of the profession, correspondence between the lawyers Relations between the lawyers e.g. corporate spirit of the profession, correspondence between the lawyers

11 International canons of professional ethics of lawyers - Part IV – PART IV: General Principles Independence - in the meaning of being free from all other influence. Independence - in the meaning of being free from all other influence. A lawyer must avoid any impairment of his or her independence and be careful not to compromise his or her professional standards in order to please the client, the court or third parties. Trust and Personal Integrity Trust and Personal Integrity Relationships of trust can only exist if a lawyer’s personal honour, honesty and integrity are beyond doubt. For the lawyer these traditional virtues are professional obligations.

12 International canons of professional ethics of lawyers - Part IV – Principles: Confidentiality Confidentiality Confidentiality is a primary and fundamental right and duty of the lawyer. Respect for the Rules of Other Bars and Law Societies Respect for the Rules of Other Bars and Law Societies When practising cross-border, a lawyer from another Member State may be bound to comply with the professional rules of the Host Member State.

13 International canons of professional ethics of lawyers - Part IV – Principles: Incompatible Occupations Incompatible Occupations In order to perform his or her functions with due independence and in a manner which is consistent with his or her duty to participate in the administration of justice a lawyer may be prohibited from undertaking certain occupations. Personal Publicity Personal Publicity A lawyer is entitled to inform the public about his or her services provided that the information is accurate and not misleading, and respectful of the obligation of confidentiality and other core values of the profession.

14 International canons of professional ethics of lawyers - The end – THANK YOU !!!


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