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 Jędrzej Klatka Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia I. SCOPE II. INDEPENDENCE III. CONFIDENTIALITY IV. CONFLICT OF INTEREST 1

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia I. I. SC SCOPE OPE Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia 1. PERSONAL SONAL SC SCOPE PE OF AP APPLICA ICATION ION 2

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 1. This Conduct extends:  to the advocate’s professional and other activities stipulated by this Code;  to the all members of the Chamber. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia shall apply to lawyers and shall apply to trainee lawyers 3

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia 2. SC SCOPE PE IN TIME Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 only after its approval. 4

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia 3. APPLICATI CATION IN PROFESSI SSIONAL AL ACTIVIT VITY 5

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 only in professional practice, but also during their public activity and private te life. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia II II. . IN INDEPEND EPENDENCE ENCE 6

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL CCBE BE ARTI TICL CLE ON INDEPE PENDENCE CE 1. An independent legal profession is a prerequisite for the rule of law. 7

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODE DEL CCBE ARTICL ICLE ON INDEPEND NDENCE NCE 2. In the exercise of his or her profession, the lawyer shall be independent, free from influence, including influence which may arise from his or her personal interests or as a result of external pressure. A lawyer must therefore avoid any 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 ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia II III. I. CON ONFI FIDE DENTI NTIALIT ALITY 8

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY 1. Co Conf nfide identia ntiality lity se serves rves the the rule rule of of la law. It It fo forms rms the the basis basis of of the the rela relations ionship hip of of trus trust bet between een a lawyer er and his or or her client ent. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY 2. The The law lawyer yer is is bo bound und by by confid confidentia entiality ity. It It is is a du duty ty of of the the lawyer, la yer, an and may ay als also be be a right right of of the the lawyer er. 9

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms 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 1. An advocate shall not accept an 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 ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA 2. An advocate cannot be interrogated as a witness about circumstances with which he or she became aware as a result of legal assistance. 10

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY 3. Con onfid iden enti tialit lity is is unlim unlimit ited ed in in ti time; it it surv urvives ives th the termi erminat nation on of of the retai aine ner with th the he clie ient nt. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia CODE E OF AD ADVOCA CATE' TE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA 4. An Advocate's confidentiality’s maintaining requirement has no time limits. 11

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFIDENTIALITY IDENTIALITY 4. Con Confid fident ntiali lity ty appli lies to to any any and nd all ll in informa formati tion on abou out a cli clien ent or or a client client mat atter ter which ich is is gi given ven to to the he la lawye wyer by by hi his or or her er cli client ent or or whic which is is receiv received ed by by th the lawye wyer in in the he cou cours rse of of th the la lawye wyer ´ s exerc xercis ise of of hi his or or her her profe rofess ssio ion, n, irr irres especti ective of of the he so source ce of of suc uch info format rmation on. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY 5. Conf nfide dentia ntialit lity als also app ppli lies es to to any any an and al all docum ocumen 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 or he her cli lien ent and and to to all all co comm mmun unica icati tions ns betwe etween en th them. 12

2018-02-23 Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia CODE E OF ADVOCATE' CATE'S S ETHICS ICS OF THE REPUBLIC UBLIC OF ARMENIA NIA Article le 9. 9. Confiden dentia iali lity 1. An advocate's confidential information is 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 own activities and which is not known to the public. Suppor ort t to the implemen menta tati tion on of the judicial refor orms ms in Armenia MODEL L CCBE E ARTICLE ICLE ON CONF NFID IDENTIALITY ENTIALITY 6. Confi fident dential ialit ity as defined ned in paragrap agraphs hs 4 and 5 applies ies both in litiga gati tion on or advice. ice. 13