Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices




MULTIJU...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices


         ...
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Стандарты осуществления юридической практики

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Стандарты осуществления юридической практики

  1. 1. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices MULTIJURISDICTIONAL STANDARDS FOR PROFESSIONAL LEGAL PRACTICE WITHIN THE RUSSIAN-SPEAKING ECONOMIC REGION | DRAFT PREAMBLE Following the need to establish and accept the key multijurisdictional standards of legal professional practice within the Russian-speaking economic region; Considering legal profession as an independent liberal profession; Recognizing, that the key principals for legal profession are impartial and independent justice; independent legal profession and access to justice for all people; Striving for promotion of confidence in legal profession and voluntary regulation of proper legal practice, as well as Striving for promotion of co-operation and fair , competition between legal practices, WE, national and international law companies, firms, bars and other institutions practicing law within the Russian-speaking economic region, thereby establish and accept the following ; standards for legal practice: I. I. PROFESSIONAL INTEGRITY I.1. I.1. Freedom and Independence (1) In exercising their profession, a solo legal practitioner and a joint legal practice shall remain free and independent from any political and other powerful interests, including those of a state, its bodies and officials, from their clients, as well as they shall not allow their freedom and independence to be compromised by their business and professional associates. (2) Lawyers practicing law as solo practitioners or within a joint legal practice, may engage in any other business or occupation, only if, by doing so, 01.07.2010 LegalStudies.RU 1] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [1]
  2. 2. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices they shall not compromise their independence. I I.2. Reputation (3) Solo legal practitioner and a joint legal practice shall behave in a manner that does not compromise confidence in legal profession and their professional practice. (4) Traditional values, such as compliance with an applicable law, personal dignity, honesty and integrity, form professional duties of a solo legal practitioner and a joint legal practice. . (5) Bearing in mind the public interest in a proper exercise of the profession, solo legal practitioners and joint legal practices shall not express themselves, either orally or in writing, in unnecessarily offensive terms, shall not resort to improper means, such as announcing or taking steps that are not in keeping with the legal goal they have in mind, shall foster an attitude of courtesy and trust in relation with colleagues and shall take into account the justified interests of the other party and any third party. (6) Disgraceful conduct resulting in undermining of confidence in legal profession shall lead to sanctions from a legal community right up to exclusion from the profession. II. II. CARE FOR CLIENT INTERESTS II II.1. Loyalty Towards a Client (7) In exercising their profession, solo legal practitioners and joint legal practices shall be honest and loyal to their client and her/his matter. II.2. II.2. Key Client Privileges Confidentiality (8) Solo legal practitioner and joint legal practice shall ensure with no time limits the confidentiality (secrecy) of information with respect to client, this , matter and interests, that becomes known to them in the course of their professional activities, as well as shall ensure such confidentiality to be observed by their staff and other persons engaged by them in the course of handling the client matter. (9) If a solo legal practitioner and a joint legal practice 01.07.2010 LegalStudies.RU 2] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [2]
  3. 3. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices are of the opinion that the proper performance of the task entrusted to them requires their - knowledge to be made public in any way, they shall be free to do so, if the client does not object thereto and if it is compatible with proper professional practice. No Conflict of Interests (10) Solo legal practitioners and joint legal practices do not advise, represent interests or act on behalf of two or more clients in the same matter, if there is a conflict, or a significant risk of a conflict, between the interests. (11) Solo legal practitioners and joint legal practices do not act against their former or existing client (including a client of a colleague within the same practice) unless the following conditions are meet: a. the case relate to a different issue or a. other interests, ; b. a solo legal practitioner and a joint b. legal practice do not possess decisive information of a confidential, business and other nature, and c. no reasonable objections have been c. put forward by the former or existing client or the party requesting to represent his interests. Revoke of Engagement (12) , If the client revokes his engagement, she/he or her/his new attorney shall receive back the client file and documents, and the client or her/his new attorney shall be properly briefed on the state of affairs. Keeping in the Know (13) Solo legal practitioners and joint legal practices brief their clients on important information, facts and agreements, as well as they confirm in writing any important information and agreements to their clients, wherever necessary. Proper Care for a Client’s Belonging (14) Solo legal practitioners and joint legal practices assume full responsibility for property and 01.07.2010 LegalStudies.RU 3] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [3]
  4. 4. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices documents entrusted them by client and other persons. (15) Solo legal practitioner and joint legal practice do not mingle funds of client and other persons with their own and shall be at all time ready to refund money they hold for a client and other persons. II.3. Priority of Client’s Interests in Choosing a Manner to Handle the Case (16) The interest of the client in the first place shall determine the manner in which solo legal practitioner s and joint legal practices are required to handle cases, provided, however, this does not compromise their other professional duties toward applicable law, justice and proper legal practice . (17) When taking over the case or engagement, solo legal practitioners and joint legal practices shall notify their client about their professional duties that cannot be compromised by the manner of handling the case. . (18) If client insists on manners of handling her/his case in a way that can compromise other professional duties of a solo legal practitioner or a joint legal practice toward applicable law, justice and proper legal practice, such lawyer and practice shall withdraw from the case. . II.4. II.4. Key Standards of Client Care (19) Solo legal practitioner or joint legal practice assume full responsibility for handling a case, acting with a due legal quality, client care and business effectiveness. (20) Solo legal practitioner or joint legal practice shall seriously handle all client complaints and make all necessary improvements of work. (21) Solo legal practitioner or joint legal practice shall ensure that the organization and structure of their offices conform to the standards of sound professional practice, in particular: a. a. secure system of storage and procession of 01.07.2010 LegalStudies.RU 4] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [4]
  5. 5. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices client files and documents; b. b. clear and speed lines of communications for client; c. c. system of keeping records and control system with respect to the work done for client. (22) Whenever solo legal practitioner and joint legal practice decide to withdraw from an engagement entrusted to them, they shall do so in a careful manner and see to it that the client experiences as few drawbacks as possible. III. III. FAIR FEE III.1. Charging Fee for Services (23) Solo legal practitioner or joint legal practice shall charge fee for their services, be it advise or representation, unless it is otherwise result from their professional duties. . (24) The amount of fee shall be set by a solo legal practitioner or a joint legal practice independently in accordance with the laws and professional rules, as well as fair and reasonable, taking into account all circumstances. III.2. , III.2. Services Free of Charge or at Reduced Price (25) Solo legal practitioner and joint legal practice provide their services free of charge or at reduced fee only in exceptional cases in a form of legal aid for the poor. III.3 III.3. Client’s Awareness of Fee (26) A fee charged by solo legal practitioner or joint legal practice shall be whether fully disclosed to the client, or the client shall be aware in advance of the rules for a fee calculation. III.4 III.4. Fee ompliance (27) A fee charged shall comply with the applicable law and the relevant professional rules. . III III.5. Inadmissibility of Unjustified Dumping (28) A fee charged shall be economically justified and 01.07.2010 LegalStudies.RU 5] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [5]
  6. 6. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices shall be not less than expenses occurred to a solo legal practitioner or a joint legal practice during the engagement, unless such reduction is justified by special circumstances. IV. IV. PROFESSIONAL QUALIFICATION IV.1. IV.1. Legal Education (29) Solo legal practitioner or joint legal practice allow to render legal services under their name only persons with due legal education. . IV.2 IV.2. Services Within Competence (30) Solo legal practitioners or joint legal practices do not accept an engagement beyond their . professional competence. IV.3 IV.3. Continuity of Professional Development (31) Solo legal practitioner or joint legal practice maintains and develops his/its professional knowledge and skills by investing thereto not less than 10 per cent of each lawyer’s working time. . IV.4 IV.4. Mentorship (32) Solo legal practitioners and joint legal practices promote mentorship towards all the colleagues with whom they practice law. V. ( ) V. PROFESSIONAL INTEGRATION (COOPERATION) V V.1. Promotion of Professional Self-Regulation (33) Solo legal practitioner and joint legal practice support and promote self-regulation of legal profession as a guarantee for their independence vis-à-vis the state and other powerful interests by active membership in the professional self- regulated organizations at national and multinational levels. . V V.2. Fair Competition (34) Solo legal practitioners and joint legal practices promote fair competition in the field of their , services striving for the continued improvement of . their quality. (35) Fair competition is not compatible with aggressive dumping, poaching of clients and employees, 01.07.2010 LegalStudies.RU 6] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [6]
  7. 7. Initiative Draft Standards open for voluntary acceptance of solo legal practitioners and joint legal practices spreading of rumors and deliberately false information about competitors and own practice. . V V.3. Professional Mission in Promoting of Law and Administration of Justice (36) Solo legal practitioner and joint legal practice must never knowingly give false or misleading information to the court and/or third party. . V V.4. Intolerance to Actions of Colleagues Compromising Reputation of Profession (37) Solo legal practitioner and joint legal practice shall inform professional legal community represented by its self-regulated organizations about all known facts of their collegues’ conduct compromising confidence in profession. V V.5. Professional Referrals (38) Solo legal practitioner or joint legal practice does not demand or accept from another solo legal practitioner or joint legal practice or any other person a fee, commission or any other compensation for referring or recommending them to a client, and vice versa does not pay such fee, , , unless this arrangement has been clearly made known to a client or other person involved. . 01.07.2010 LegalStudies.RU 7] Last update 01.07.2010 DRAFT | Prepared by LegalStudies.RU Page [7]

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