Your Advocate: Moral Rules of the Relationship between Lawyer and Client.

I remind you that for this series of articles I was prompted to visit and get acquainted with the friendly team of the Moscow Bar Association "Titul". What is the bar association, and what kind of legal services are provided by the collegium's lawyers, we will consider later, and now I will continue to write about lawyer ethics.

The lawyer is independent in the performance of professional activities from the principal. The lawyer chooses his position on the client's defense line independently. If the client insists on his position different from the position of the lawyer, and even more so, if the client forces his defender to do wrongful acts, then the lawyer is obliged to refuse protection of the principal, having warned him in advance.

No guarantees to the principal! The lawyer is obliged to explain all options for the outcome of the case to the trustee. Everything, even unfavorable! It is forbidden for an attorney to give a categorically good forecast for the client of the outcome of the case. And most importantly, the lawyer must refuse to provide legal services to the client, if there is no legal basis for filing a claim. In short, the lawyer should be honest with the client, and in no case should not exert psychological pressure on him.

A sense of responsibility and confidentiality. For his erroneous advice, the lawyer answers no less than the doctor. After all, these tips can be disastrous for the principal. Caution in statements will save you from reproaches in incompetence and unprofessionalism. A lawyer is obliged to remember that personal secrets are entrusted to him, and not just stories from detectives. Therefore, in complex issues I recommend consulting with colleagues, but at the same time not mentioning the names.

The guilt of the client. A lawyer in criminal cases is bound to believe in the innocence of his principal, but to foresee the emergence of information that contradicts the testimony of the principal. If suddenly the client acknowledges his guilt, then the lawyer, in agreement with the client, has the right to take a different position.

Advocate's secret. At once it is necessary to notice, that the period of storage of secret is not limited. In addition to the client, no one can release a lawyer from the obligation to keep his secret. Without the consent of the client, the lawyer has the right to use the information communicated to him by the client in the amount that the lawyer considers reasonably necessary to substantiate his position when considering a civil dispute between him and the client or for his defense against disciplinary proceedings or criminal proceedings instituted against him. But, with all my heart I wish that in your work these misunderstandings would be as little as possible.

That's how everyone and lawyer and lawyer from the Moscow Bar Association "Titul" work with trustees in a thoughtful and honest manner.

Material is provided by the site www.urtitul.ru