Extracts from the Code
of PROFESSIONAL ETHICS OF LAWYER
Lawyers of the Russian Federation in conformity with the requirements provided for by the Federal Law ‘On Legal Practice and Advocacy in the Russian Federation’, with a view to uphold the professional honor, developing the traditions of the Russian (certified) advocacy and being aware of its moral responsibility with regard to the public, adopt this Code of Professional Ethics of Lawyer.
Existence and activity of the community of lawyers are impossible without observing the corporate discipline and the professional ethics, regard of lawyers for their honor and dignity as well for prestige of the advocacy.
The Code of Professional Ethics of Lawyer shall establish the rules of conduct obligatory for every lawyer when practicing law based on the ethical criteria and traditions of the advocacy as well as on the international standards and rules of the legal profession.
Lawyers shall have the right to be governed in their activity by the norms and rules of the General Code of Rules for Lawyers of countries of the European community insofar as these rules do not contravene the advocacy legislation and the provisions of this Code.
1. independence of the lawyer shall be the necessary condition for confidence in him.
2. The lawyer must avoid acts aimed at undermining confidence.
3. Abuse of confidence shall be inconsistent with the rank of the lawyer.
1. Confidence in the lawyer may not be without confidence in protection of professional secrecy. Professional secrecy of the lawyer shall assure immunity of the principal which is granted to the latter by the Constitution of the Russian Federation.
2. Observation of professional secrecy shall be the unconditional priority of legal practice of the lawyer. The term of preservation of the secrecy shall not be limited in time.
3. The lawyer may be released from the obligation to preserve professional secrecy by nobody apart from the principal.
4. The lawyer shall have the right without agreement of the principal to use information furnished to him by the principal in the volume which the lawyer deems to be reasonably necessary for substantiation of his position in case of examination of civil dispute between him and the principal or for his defense in case of institution of disciplinary proceeding or criminal action against him.
5. The rules of protection of professional secrecy shall be extended over:
§ the fact of applying to the lawyer including names of principals;
§ all evidences and documents collected by the lawyer in the course of preparation for the case;
§ information obtained by the lawyer from his principals;
§ information about the principal came to the lawyer’s notice in the process of rendering legal assistance;
§ the content of legal advices given directly to the principal or these intended for him;
§ the whole procedure of the lawyer connected with the case;
§ conditions of agreement on rendering legal services including monetary payments between the lawyer and the principal;
§ any other information connected with rendering legal assistance.
6. The lawyer shall have no right to give evidence concerning circumstances which came to his notice in connection with performance by him of his professional duties.
7. The lawyer may not assign any one the right to claim against the principal for money under the agreement concluded between them.
8. Lawyer which practice law jointly on the basis of partnership agreement must be governed by the rule relating to extension of secrecy over all the partners when rendering legal assistance.
9. The lawyer with a view to protect professional secrecy must keep records separately from materials and documents belonging to the principal. Materials which have been included in the lawyer’s procedure connected with the case as well as the correspondence between the lawyer and the principal must be explicitly and expressly specified as belonging to the lawyer or outgoing from him.
10. The rules of protection of professional secrecy shall be extended over the lawyer’s assistants and probationers as well as other employees working in law organizations.
Note: For the purpose of this Code the principal shall be understood:
— a person which has concluded agreement for rendering legal assistance with the lawyer;
— a person which is rendered legal assistance on the basis of the agreement for rendering legal assistance concluded by other person;
— a person to which the lawyer renders legal assistance by order issued by a body of inquiry, a body of preliminary investigation, public prosecutor or court.
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