III. CONFIDENTIALITY IV. CONFLICT OF INTEREST 1 2018-02-23 Suppor - - PDF document
2018-02-23 Support to the implementation of the judicial reform in Armenia legal al advis viser Jdrzej Klatka Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia I. SCOPE II. INDEPENDENCE III.
2018-02-23 1
Support to the implementation of the judicial reform in Armenia
legal al advis viser Jędrzej Klatka
Suppor
t to the implemen menta tati tion
ms in Armenia
2018-02-23 2
Suppor
t to the implemen menta tati tion
ms in Armenia
Suppor
t to the implemen menta tati tion
ms in Armenia
SONAL SC SCOPE PE OF AP APPLICA ICATION ION
2018-02-23 3
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE OF ADVOC OCATE ATE'S 'S ETHICS S OF THE REPUBL BLIC IC OF ARMENIA IA
Article icle 2. Fields lds of Impa pact ct of the Code
to the advocate’s professional and
Code;
to the all members of the
Chamber.
Suppor
t to the implemen menta tati tion
ms in Armenia
shall apply to lawyers and shall apply to trainee lawyers
2018-02-23 4
Suppor
t to the implemen menta tati tion
ms in Armenia
SCOPE PE IN TIME
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
Article 2. Fields ds of Impact of the Code
2. Norms of this Code are
effective only on relations raised
2018-02-23 5
Suppor
t to the implemen menta tati tion
ms in Armenia
Lawyers and trainee lawyers shall not be held disciplinarily liable for an act committed before being entered onto the list of attorneys at law or the list of legal trainees
Suppor
t to the implemen menta tati tion
ms in Armenia
CATION IN PROFESSI SSIONAL AL ACTIVIT VITY
2018-02-23 6
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE OF OF ETHICS CS OF OF ATTORN RNEY AT AT LAW IN POLAND ND
Article 11 11§ 1 Attorneys at law shall take care of the dignity of their profession not
also during their public activity and private te life.
Suppor
t to the implemen menta tati tion
ms in Armenia
2018-02-23 7
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
Article cle 6. The Princ nciple ple of Inde depe pende ndenc nce
1. An important precondition for advocates to
perform their rights and obligations in a proper manner is their professional independence.
2. An advocate shall not be involved in activities
incompatible with the RA Law and this Code.
3. Advocates can represent clients' interests in
any case, however, this will not mean that they accept the client's political, economic, social, moral, religious looks or activities.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL CCBE BE ARTI TICL CLE ON INDEPE PENDENCE CE
profession is a prerequisite for the rule of law.
2018-02-23 8
Suppor
t to the implemen menta tati tion
ms in Armenia
MODE DEL CCBE ARTICL ICLE ON INDEPEND NDENCE NCE
lawyer shall be independent, free from influence, including influence which may arise from his or her personal interests or as a result of external
impairment of his or her independence and should not compromise his or her professional standards in his or her dealings with the client, the court, third parties and public authorities. Otherwise, he or she shall not accept a mandate or, if already instructed, shall terminate his or her existing mandate.
Suppor
t to the implemen menta tati tion
ms in Armenia
2018-02-23 9
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY
Conf nfide identia ntiality lity se serves rves the the rule rule
It fo forms rms the the basis basis of
the rela relations ionship hip of
trust bet between een a lawyer er and his or
ent.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY
The law lawyer yer is is bo bound und by by confid confidentia entiality
It is is a du duty ty of
the la lawyer, yer, an and may ay als also be be a right right
the lawyer er.
2018-02-23 10
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
Articl ticle e 14. The e Princip nciple e of Confi nfiden dentiali tiality ty in the Phase of Accepting cepting an Assignm nment nt
assignment fulfillment of which may cause a violation of confidentiality of a client of a given or other case, except for cases when the person interested in such confidentiality gives a written consent.
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
interrogated as a witness about circumstances with which he or she became aware as a result
2018-02-23 11
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY
iden enti tialit lity is is unlim unlimit ited ed in in ti time; it it surv urvives ives th the termi erminat nation
the retai aine ner with th the he clie ient nt.
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF AD ADVOCA CATE' TE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
confidentiality’s maintaining requirement has no time limits.
2018-02-23 12
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY
Confid fident ntiali lity ty appli lies to to any any and nd all ll in informa formati tion
clien ent or
client client mat atter ter which ich is is gi given ven to to the he la lawye wyer by by hi his or
er cli client ent or
which is is receiv received ed by by th the lawye wyer in in the he cou cours rse
the la lawye wyer´s exerc xercis ise of
his or
her profe rofess ssio ion, n, irr irres especti ective of
he so source ce
uch info format rmation
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY
nfide dentia ntialit lity als also app ppli lies es to to any any an and al all docum
ents ts pre prepar pared ed by by the law lawyer, er, to to all ll tho hose se del deliver ivered by by the he law lawyer er to to hi his or
he her cli lien ent and and to to all all co comm mmun unica icati tions ns betwe etween en th them.
2018-02-23 13
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
Article le 9.
dentia iali lity
information which the client provided an advocate on confidentiality condition, as well as such information and evidence that an advocate obtained through his or her
the public.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY
fident dential ialit ity as defined ned in paragrap agraphs hs 4 and 5 applies ies both in litiga gati tion
ice.
2018-02-23 14
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIA ENTIALITY LITY
Parag ragra raph phs 4 an and 5 abo above ve do do not
preve event a law lawyer fro rom di disclos losin ing con
idential tial in inform
ation to to th third ird par partie ties an and in in pa partic rticular lar to to pu public blic au auth thorities
and cou
rts, provid ided ed the lawyer er has ascer ertain tained that at: (a) (a) such dis disclos losure is is in in th the be best in inte tere rests of
the clien lient; and (b) the client ent agrees es with with such disclos losure; and (c (c) no no app pplic licabl able provis provision ions for
bid such dis disclo losure re.
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
information if: 1) written consent of the client is available; 2) that is necessary for grounding and reasoning of the claims between him or her and the client arisen in the judicial dispute, 3) an information is available about a grave and a particularly grave crime as proscribed in RA Criminal Code preparing to be committed.
2018-02-23 15
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY
The lawyer wyer is is en entitled ed to to di discl close se co confi fident dential al inf nforma mation in in proce ceedi ding ngs bet betwee ween the he lawyer yer and and hi his or
her cl clien ent or
in pr proce ceedi eding ngs agai against nst the he law awye yer pr provided ded such such di discl sclosur sure is is ne nece cess ssar ary fo for such such pr proce ceedi eding ngs an and the here is is a di direc ect rela elation bet betwee ween such such pr procee eedi ding ngs and and the he lawyer’s ma mand ndate ate fr from thi his cl clien
Proce ceedi eding ngs include nclude co court, ad administ strati ative, e, pr professi fessional al and and al alternati ernative disput spute reso solution proce ceedi eding ngs.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY
The law lawyer yer shall hall ensu sure re th that at his his or
her her emp mployee loyees an and an any ot
her person rson with ith who hom he he or
she collabo collabora rate tes in in th the cou course se of
he exercise rcise of
his or
her her pro profession sion, com comply ply with ith confide confidentiali tiality ty as as se set ou
in th this is Article icle.
2018-02-23 16
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
client’s case an advocate shall keep confidential any information he or she possessed in the course of negotiations with the client.
Suppor
t to the implemen menta tati tion
ms in Armenia
2018-02-23 17
Suppor
t to the implemen menta tati tion
ms in Armenia
CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA
Article
icle 16. Circum cumst stan ances ces Exclu ludin ding an an Assignment’s Accept ptan ance ce
assistance to two or more clients on the same issue if there is a conflict of
assignment only in case of a written consent of the client.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFLICT LICT OF INTERES EREST
xcept pt as as oth
wise pro provi vided ded in in pa paragr graph ph 4, a lawye wyer ma may not
behalf of
two or
more clients ts if if th there is is a con
between the inte terests ts of
thos
wyer may not
assist or
act on
behalf of
if th there is is a con
between th the interests ts of
terests ts or
if th the lawye wyer had handle dled th the matter tter as as a pu publi blic serva vant, t, or
as a ju judge dge, an an arbitr bitrator tor or
medi diator, tor, or
in th the capacity ty of
ving dis dispu putes tes in in any oth
ternati tive ve disp dispute te resoluti tion
in in any other comparable ble capacity ty. This obliga gati tion
ver there is a sign gnificant t risk k
t of inter terests ts.
2018-02-23 18
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFLICT LICT OF INTEREST EREST
lawy wyer r may not assist or act on behalf lf of a client nt if this s confli lict cts with a duty which ch he
r client. nt.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFLICT LICT OF INTERES EREST
he lawyer lawyer ha has th the duty uty to to ass assess ess the the risk risk of
conflic nflict of
intere rests sts at at any time.
2018-02-23 19
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFLICT LICT OF INTEREST EREST
wyer may assist ssist or
ct on
two or
cl clien ents ts in in si situati tions of
ct of
terests ts or
tial conflict ct of
terests only if if: (a) (a) the differen erent cl clien ents have a co comm mmon inte terest rest in in relati tion
to that matt tter er; and and (b) the clien ents have given en thei eir informed
sent; and and (c) the duty ty of
enti tiality ty is is not put at at risk; and (d) the lawye wyer co consi sider ers th that th the co conflict ct of
terests
tial co conflict ct of
terests ts does
revent him
her from rom acti cting ng in in the the best est intere terests sts of
uch clien ents ts.
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L CCBE E ARTICLE ICLE ON CONF NFLICT LICT OF INTEREST EREST
If a conflict conflict of
interes ests aris rises es in in the the cou cours rse of
the condu conduct ct of
matters matters for for tw two or
more clien lients ts
the condi condition tions of
para ragr grap aph 4 ar are no no lon longer ger met, met, a law lawyer yer must must ceas cease to to act act for
all thes these cl client ients in in those se matters ters.
2018-02-23 20
Suppor
t to the implemen menta tati tion
ms in Armenia
MODEL L AR ARTICL ICLE E ON CONF NFLICT LICT OF INTEREST EREST ON CCBE
awyers yers pract practising ising in in the he sam same firm firm
lawyers yers an and ot
her pro profe fess ssion
als pract practising ising in in th the sam same fir firm are are con consid sidere red as as on
single ngle ent ntity for for th the purp urpos
complying plying with ith th their ir du duty ty no not to to act ct whe hen th there re is is a confli flict ct of
rests ts.
Suppor
t to the implemen menta tati tion
ms in Armenia
Thank k you for your r attention
legal al advise ser Jędrzej Klatka J.Klat latka@p ka@polishlaw
yer.eu www.cc .ccbe.eu be.eu