PREAMBLE
Article 59 of the Ukrainian Constitution declares that the most important social function of the Bar is to secure the right to defense against accusations and to the legal assistance in proceedings in a court of law and other state authorities.
The role of a single independent professional defense institution designed to defend rights and freedoms and represent legal interests of an individual before state authorities, based on the principles of rule of law, independence, democracy, humanism and confidentiality enshrined in the Law of Ukraine 'On the Bar', is performed by the Bar in a system of complex legal relations. In his professional activities, an advocate has sometimes contradicting responsibilities before the following:
clients;
courts of law and other state authorities;
the Bar on the whole and individual advocates; and
society on the whole.
The critical importance of the Bar's functions requires that advocates should follow high ethical standards of conduct; at the same time the specific and comprehensive nature of responsibilities assumed by the Bar calls for balancing the advocate's concern with the interests of an individual client and the interests of the society on the whole, observation of the principles of legality and rule of law.
In order to successfully achieve the goal of self-regulation of advocates' professional conduct at that high level, characterized by a complex interplay of advocate's various responsibilities, their priorities and actual implementation in situations, where such responsibilities conflict, and to find such a way of their implementation, which will best correspond to the Bar's mission and status, rules of advocate's professional ethics must be established to be the advocate's guidelines in choosing proper options of professional conduct.
Developing special deontological requirements and rules within the Bar and advocate's compliance with these requirements and rules is viewed by the advocates' community as a necessary and fundamental precondition of proper function of the Bar and performance of its important social role in a democratic society.
The Law of Ukraine 'On the Bar' prescribes compliance with the rules of advocate's ethics as one of the basic responsibilities assumed by an advocate in his Oath of the Ukrainian Advocate.
Considering the above, these Rules were developed with a view to establishing unified traditions and experience of the Ukrainian Bar in the light of interpretation of advocate's ethics and general deontological rules and standards accepted in international advocates' community.
The Rules are designed to serve as a system of guidelines for Ukrainian lawyers, providing for a balanced and practical coordination of their numerous professional rights and responsibilities in accordance with the status, main objectives and principles of the Bar, which are defined by the Ukrainian Constitution, the Law of Ukraine 'On the Bar' and other Ukrainian legislation, and they also should secure a single system of criteria for evaluation of ethical aspects of advocate's conduct in disciplinary proceedings undertaken by the qualification and disciplinary commissions of the Bar, when complaints are lodged against advocate's actions that breach the advocate's oath through violation of the rules of advocate's ethics.
CHAPTER I. GENERAL PROVISIONS
Article 1. Relationship Between the Rules of Advocate's Ethics and Current Legislation on the Bar
Provisions of the present Code do not revoke nor do they supersede the provisions of legislation in force on the Bar, but they supplement and specify them.
Article 2. The Scope of the Rules of Advocate's Ethics with Regard to the Object Matter, Persons Concerned and Time
(1) These Rules shall extend to all types of an advocate's professional activity as well as, in its relevant part, to his other activities (actions) which may come into conflict with his professional responsibilities or undermine the prestige of the legal profession.
(2) These Rules shall extend to members of bodies of the Bar and assistant advocates in the part which can relate to their activity.
(3) These Rules shall extend to relations arising after its adoption.
Article 3. Interpretation of the Rules
The right of official interpretation of these Rules belongs exclusively to the High Qualification Commission of the Bar established under the Cabinet of Ministers of Ukraine.
Article 4. Definitions
The terms applied in these Rules shall have the following meaning:
Client - a person whose rights and freedoms are protected by an advocate or whose
legitimate interests he represents, or to whom he directly renders legal assistance in other forms foreseen under legislation in force.
Contract - an agreement in which one party - an individually practicing advocate or a unit of advocates undertakes the assignment of another party - the client (or his representative) on providing the client legal assistance of a type agreed upon by them in the interests of the client on terms foreseen under the agreement, while the other party (the client or his representative) undertakes to pay a fee for the advocate's actions (Option: activity) on rendering legal assistance and, when need be, the actual expenses related to the handling of a case.
The agreement can also provide for other terms of rendering legal
assistance.
Fee - remuneration for the performance by an advocate of work on rendering legal
assistance as provided for by a contract to this effect; the fee does not include the funds contributed by the client (his representative) for covering the actual expenses related to the performance of the agreement.
Court - any body representing the judiciary in conformity with legislation in force.
Other bodies - any bodies of the legislature or the executive, bodies of the procurator's office, local self-government, management bodies of institutions,
organizations, enterprises and their associations. governing bodies of citizens' associations.
Other persons - any legal entities, citizens, stateless persons.
CHAPTER II BASIC PRINCIPLES OF ADVOCATE'S ETHICS
Article 5. Independence
(1) As a necessary condition for the proper pursuance of an advocate's activities, the specific nature of the aims and purposes of advocacy requires a maximum independence of the advocate in exercising his professional rights and duties, which implies his freedom from any external pressure and interference in his activity, by state bodies included, as well as from the influence of his personal interests.
(2) In order to observe the given principle in his professional activity, an advocate shall be bound to resist any attempts of infringement upon his independence, be courageous and principled in the performance of his professional duties, and in asserting his rights and their effective exercise for the benefit of clients.
(3) In his activity, an advocate shall be bound to avoid compromises infringing upon his independence in order to please the court, other authorities, third parties or the client, if such compromises are at variance with the legitimate interests of the client and hinder in properly rendering him legal assistance.
(4) An advocate may not engage in any activity, public activity included, which might put him in a position of legal, material or moral dependence on other persons, and of submission to the instructions or rules, which might come into conflict with the provisions of legislation in force on advocacy and the rules of these Rules, or by any other means hinder the free and independent performance of his professional duties.
(5) An advocate may not share his fees received from a client with other persons except for the heirs of a deceased advocate whose partially performed assignment he accepted or an advocate who performed this assignment before.
(6) While performing the assignment of the client, an advocate may not be guided by the instructions of third parties in relation to the substance of forms, methods, sequence and time of exercising his professional rights and duties, if they contradict his own understanding of the optimal variant of performing the assignment.
Article 6. Observing Legality
(1) In his professional activity, an advocate shall be bound to comply strictly with the current Ukrainian legislation, to promote me assertion of the principles of rule of law. to implement in practice the principles of rule of law and legality, and. apply all his knowledge and professional skill for the proper defense of the legitimate rights and interests of citizens and legal entities.
(2) An advocate may not advice his client on how to facilitate the commission of offenses or otherwise intentionally assist in the commission of offenses by his client or other persons.
(3) In his private life, an advocate is required to abide by law and neither commit offenses himself, nor intentionally assist others in committing them.
Article 7. Predominance of Clients' Interests
(1) Within the scope of compliance with the principles of legality an advocate, while pursuing his profession, shall be bound to proceed from the priority importance of the client's interests before his owoi interests, the interests of his colleagues, partners, fellow employees, legal representatives of clients or their guardians, custodians and other persons, as well as before any other considerations.
(2) An advocate shall respect the client's freedom of choice of an advocate who will render him legal assistance, and shall not impede the exercise of this freedom neither before accepting the assignment, nor in the process of its fulfillment.
Article 8. Inadmissibility of Representation of Clients With Conflicting Interests
An advocate may not simultaneously represent two or more clients whose interests are mutually conflicting or if there is a high degree of probability that they might come into conflict.
Article 9. Confidentiality
(1) The observance of the principle of confidentiality is a necessary and most important precondition underlying the confidential relations between advocate and client, without which proper rendering of legal assistance is impossible. Therefore, keeping confidential any information an advocate receives from a client as well as about a client or third parties in the process of pursuing his professional activities shall be the advocate's right in relations with other subjects of the law who might demand disclosure of such information and his obligation in relation to the client or those persons whom this information concerns.
(2) The effect of the principle of confidentially shall not be limited in time.
(3) Confidentiality of certain information secured by the rules of the present Article can be revoked only by persons interested in its observance (or heirs of this physical person or successors of a legal entity) in writing or any other recorded form.
(4) An advocate shall not be responsible for violating the said principle in cases v/hen he is questioned by legally established procedure as a witness in a criminal case in relation to circumstances that go beyond the bounds of the definition of the substance of an advocate's secret as stipulated by legislation in force, although they are subject to confidentiality of information stipulated in these Rules.
(5) In all other circumstances, the advocate, when determining the scope of information, to which his duty of confidentiality extends, must proceed from these Rules.
(6) Disclosure of information constituting an advocate's secret is prohibited under any circumstances, including unlawful attempts of the bodies of inquiry, preliminary investigation and a court of law to question an advocate in relation to the circumstances constituting an advocate's secret.
(7) An advocate (unit of advocates) shall be bound to ensure the understanding and observance of the principle of confidentiality by his assistants and technical personnel.
(8) An advocate (unit of advocates) shall be bound to ensure such conditions for the storage of documents given him by the client, files and other material at his disposal that contain confidential information as reasonably exclude access to them by unauthorized persons.
Article 10. Competence and Conscientiousness
(1) Given the public importance and complexity of an advocate's professional duties, a high level of professional training is demanded of him as well as fundamental knowledge of legislation in force, the practice of its application, and the mastering of the tactics, methods and techniques of advocacy and oratory.
(2) An advocate shall be bound to render legal assistance to clients competently and conscientiously, which infers knowledge of respective provisions of the law and necessary experience of their application, thoroughness in allowing for all circumstances related to the assignment and the possible legal consequences of its performance, as well as thorough preparation for the proper fulfillment of assignments.
(3) Regardless of his preferential specialization, if such specialization exists, an advocuie shall be bound to maintain a proper level of knowledge on questions on which by virtue of the law he is bound to render legal assistance by assignment of investigation bodies .-r a court of law, as well as provide it free of charge.
(4) An advocate shall be bound to work constantly on improving his knowledge and professional skill and have a sufficient command of information on changes in legislation in force.
(5) An advocate must ensure a reasonably necessary level of competence of his assistants, technical personnel and the like whom he engages for the performance of individual jobs related to the fulfillment of the assignment.
Article 11. Honesty and Decency
Both in his professional activity and private life, an advocate must be honest and decent; he may not resort to deception, threats, psychological pressure, bribery, nor abuse difficult material or personal circumstances of other persons, nor other unlawful means to achieve his professional or personal ends; he shall respect the rights, legitimate interests, honor, dignity, reputation and feelings of persons with whom he deals in various relations.
Article 12. Respect for the Legal Profession
(1) In all his activity an advocate must manifest respect of the legal profession, its essence and public importance, and promote the maintenance and enhancement of its prestige.
(2) The said principle shall be subject to observance by an advocate in all spheres of his professional or public activities and publications, etc.
(3) An advocate shall be bound to fulfill the decisions made by elected bodies of the Bar within the scope of their competence, without prejudice to criticism of the latter and appeal against them in a manner prescribed by law.
(4) An advocate shall neither act in ways restricting the right to defense, professional rights of advocates or independence of the legal profession, nor impair its prestige.
Article 13. Standards of Conduct
In his professional activity and private life an advocate should attend to the prestige of his advocate's title and maintain a high standard of conduct, be dignified, reserved, tactful, self-controlled and self-possessed, as well as have proper appearance.
Article 14 Restricted Advertising of Advocate's Activities
(1) An individually practicing advocate as well as a unit of advocates have the right to advertise their professional activity with the observance of legislation in force and the rules of these Rules.
(2) Advertising is permitted in the form of announcements, press releases and other advertising information in periodical press, directories, information bulletins and other publications, as well as broadcasted on radio and television.
An advocate may not offer his services directly to a definite client either personally or through intermediaries.
(3) Advertised announcements or any other advertising material on the professional activity of an advocate (unit of advocates):
1. must contain advocate's first and last name (name of the unit of advocates); address at which legal assistance can be provided by the said advocate (unit of advocates); telephone number; general information on the field of law, in which the advocate (unit of advocates) specializes, or the information that legal assistance can be rendered in all fields of law; registration number, date and place of issue of certificate on the right to engage in an advocate's activities.
2. may contain:
- information on what educational establishments an advocate (members of the unit of advocates) graduated from, where he subsequently improved his professional skills, scientific and other titles the advocate holds, his decorations, scientific papers, academic merits and professional achievements, membership in societies, associations and other non-governmental organizations of advocates, and participation in the work of their bodies;
- information about the work record of an advocate in legal profession (with mandatory detailed indication of length of service in the capacity of advocate);
- indication of the foreign languages which the advocate commands;
3. may not contain:
- characteristics assessing the advocate's qualities;
- opinions of other person about the work of an advocate;
- comparisons with other advocates and criticism of such;
- statements on the probability of successful fulfillment of assignments and other statements evoking unreal hopes in clients;
- instructions which might create the impression that the activity of precisely this advocate is characterized by features or indicators inherent, in actual fact, to the legal profession as such.
(4) Advertising material on the activity of an advocate (unit of advocates) must be unbiased, precise, clear, understandable, must not contain hints, ambiguities, or in any other way misguide potential clients, and must correspond to reasonable esthetic requirements.
(5) Advertising material on the activity of law societies, in which are indicated the names of advocates and other employees of the society, must contain the precise status of each of these persons: whether they are advocates, advocate's assistants, lawyer (without the status of an advocate) or a member of the staff (director, manager, secretary, translator, etc.).
(6) Advocates (management of a unit of advocates) shall bear personal responsibility for the trustworthiness of the advertising material about them (unit of advocates) as well as for its conformity with legislation in force and these Rules.
If an advocate ( unit of advocates) finds that his activity was advertised without his knowledge and in contravention of the above requirements, he is required to take all reasonable steps to refute and correct this information and inform the regional qualification and disciplinary commission.
(7) All the above-mentioned rules about the advertising material of advocates extend not only directly to advertisement announcements, but also to announcements on the recruitment of staff and the like.
CHAPTER III RELATIONS OF ADVOCATES AND CLIENTS
Article 15. Grounds for Rendering Legal Assistance by an Advocate
An advocate provides legal assistance in accordance with the current legislation on the types of advocate's activities based on the legal assistance contract with the client or on appointment by the person who conducts inquiry, investigator or a court under the procedure prescribed by the Ukrainian legislation on the criminal procedure.
Article 16. Form of the Legal Assistance Contract .
(1) Where legal assistance is provided as consultations and explanations on legal issues, reference information on the legislation, or as drafting certain legal documents, the contract may be concluded in a simple written form (an entry in a journal, etc.), or verbal form where the legal assistance is provided free of charge.
(2) For other types of legal assistance, the contract may be concluded verbally only where the written contract is impossible because the client needs urgent legal assistance. In these cases, the contract should be made in writing subsequently.
(3) In all other cases, the client's assignment for an advocate to provide legal assistance to him should be made in the form of a written legal assistance contract.
Article 17. General Requirements as to the Contents of the Legal Assistance Contract
(1) A legal assistance contract should contain main conditions under which an advocate accepts his client's assignment and which should be expressly and explicitly defined.
(2) A legal assistance contract should in any case include the following:
a) first name, last name, patronymic and address of the physical person or the name and address of the legal entity which concludes the contract (client);
b) the same information for the person in whose interests the contract is made (client), if the contract is made not by the client himself;
c) first name, last name, patronymic and address of the advocate (or the name of the unit of advocates) which will provide the legal assistance;
d) substance of the assignment: what kind of legal assistance must be provided under the contract and where.
e) the fee, the manner of fee estimation (fixed amount, hourly payment) and the way of payment (advance, upon the result, etc.);
f) amount, methods of calculation and payment of actual expenses related to performance of the assignment;
g) signatures of persons who enter into the contract.
(3) The contract should not include any provisions that do not conform with the current legislation and these Rules. In particular, the contract should not include provisions on the waiver or restriction of the client's right to recover damages resulting from improper performance of accepted assignment by the advocate.
Article 18. Persons from Whom an Advocate May Accept Assignments to Provide Legal Assistance. Obtaining Client's Actual Consent to Have Legal Assistance of an Advocate
(1) An advocate may accept assignments on legal assistance only directly from a client or his representative authorized to conclude a contract with the advocate, or from the legal representative of a minor or incapable client, or a body (official) authorized to appoint a defense counsel in criminal proceedings in conformity with the Code of Criminal Procedure of Ukraine.
(2) In all cases when assignment may be accepted not directly from the client but from his representative, the advocate is required to obtain the confirmation of the client's consent to have this advocate's legal assistance, if the representative has no authority to choose an advocate at his own discretion without the client's consent.
Article 19. Information to Secure the Free Choice of an Advocate by a Client
Before signing a contract, an advocate must inform the client on his areas of specialization, if any, and on the client's request also inform him about the advocate's work record, experience in handling definite categories of cases and circumstances that may result in a conflict of interests.
Article 20. Compliance with the Principles of Competence and Good Faith During Acceptance of Assignment by an Advocate from the Client
(1) When accepting an assignment on legal assistance an advocate must weigh his possibilities on its fulfillment and shall be bound to refuse accepting the assignment if there are reasonably sufficient grounds to presume that, as applied to the given assignment, the Rules regulating the principle of competence cannot be observed.
(2) If for the achievement of the level of competence necessary for the proper fulfillment of the assignment an advocate needs special preparation, which exceeds the limits (bounds) of usual preparation for a case and demands considerable time owing to the advocate's lack of special knowledge of legislation applicable in the given case or experience in handling the respective category of cases, he shall be bound to warn the client about the need of such preparation before entering into a contract with him.
(3) An advocate may not accept an assignment on legal assistance, if owing to his busyness he cannot ensure a reasonably required conscientiousness of fulfilling the assignment as well as thoroughness of preparation and promptness of its execution, except for cases when refusal of acceptance of the assignment may, in a definite situation, essentially infringe on the legitimate rights and interests of the client or when the client agrees to the period offered him for the performance of the assignment, if the delay objectively does not essentially effect the possibility of a proper performance of the assignment. In any case, before concluding a contract with the client, an advocate shall be bound to warn the client about the difficulties and possible negative consequences which the busyness of the given advocate may have on the outcome of the assignment.
(4) Before signing a contract on rendering legal assistance the advocate must with the greatest possible thoroughness study all the circumstances that are known to the client which might effect the determination of the presence of a legal position in the case and its substance, as well as request and study the documents the client has at his disposal.
(5) An advocate shall not accept assignments to perform any actions going beyond his professional rights and responsibilities.
Article 21. Informing the Client about the Legal Grounds for the Case
(1) If upon complying with the requirements set forth in Article 20 of these Rules, an advocate develops the opinion that there are actual and legal grounds for the performance of the given assignment, he must state it impartially and objectively to the client. informing him at least in general outline what time and what amount of work will be needed for the performance of the given assignment and what will be the legal consequences of achieving the legal results desired by the client for the essential interests of the client.
(2) If legal grounds for performing the assignment do exist, but so does an unfavorable practice of applying respective provisions of the law (from the viewpoint of the hypothetical result desired by the client), an advocate shall be bound to inform the client.
(3) If an advocate becomes convinced that there are no actual and legal grounds for performing an assignment, he shall be bound to inform the client about it and agree with him on a change in the substance of the assignment and adjust it to that hypothetical result which might be achieved in conformity with legislation in force, or else refuse to accept the assignment.
(4) An advocate must inform the client about the possible result of performance of the assignment, based on the law and practice of its application. Furthermore, he must not give assurances and guarantees to the client as to the actual outcome of performance of the assignment, directly or indirectly facilitate shaping his groundless hopes, as well as directly or indirectly create in the client the impression that the advocate can have an influence on such an outcome by other means apart from the diligent performance by him of his professional duties.
Article 22. Compliance with the Principle of Legality During Acceptance of Assignment from the Client
(1) An advocate shall be prohibited from accepting an assignment if the result desired by the client conflicts with the law.
(2) If the client insists on using illegal methods to perform the assignment, the advocate must inform the client on their inadmissibility and advise him of possible legal ways of achieving the same or similar results. If, nonetheless, an advocate fails to make the client agree to change the substance of the assignment, the advocate shall be bound to refuse to make a contract with him.
Article 23. Compliance with the Principle of Inadmissibility of Representation of Clients with Conflicting Interests During Acceptance of Assignment from the Client
(1) An advocate shall not be entitled to accept an assignment from a client if there is an objective conflict of interests between that client and another client with whom the advocate (unit of advocates) is bound by a contract on rendering legal assistance, or if there are reasonable grounds to presume that the logical development of interests of an advocate's new and former client will lead to a conflict of interests.
Limitations prescribed by paragraph 1 of this Article can be excluded in a concrete case upon a written consent of both (all those) clients whose interests are (or may be) conflicting.
(2) An advocate may not accept an assignment, the performance of which might knowingly to him come into conflict with his personal interests, the interests of his relatives or the unit of advocates of which he is a member, or which might come into conflict with his professional or other responsibilities, including his party and religious convictions.
Acceptance of assignments under such circumstances is possible only on the condition of the client being informed about the possible conflict of interests, as well as on the condition that an advocate is convinced that he can nonetheless retain his independence and objectivity of opinions and deeds and that he can fulfill all other professional and ethical requirements during the performance of the given assignment.
(3) In any case, an advocate may not accept an assignment, the subject matter of which is of direct interest to either him personally or to his close relative (or his partner, assistant, member of the staff, another member of a unit of advocates in which the advocate holds membership), if there is a conflict between the interests of the client and the said persons.
(4) An advocate who is a relative of another advocate (father, mother, son, brother or sister, spouse) may not accept assignments from a client whose interests, knowingly to the advocate, conflict with the interests of the client represented by that other advocate, except for cases when both clients give their consent to this after each has been advised by his advocate about the situation that has developed.
Article 24. Ethical Principles Related to Accepting an Assignment for Mediation Between Clients
An advocate may act as an intermediary between clients on the condition that:
1. there is no conflict between the interests of clients and the probability of such a conflict arising is negligible;
2. an advocate explains to each of his clients the possible consequences of his role as an intermediary that may arise from simultaneous representation of their interests, including the advantages and risks this might entail, the essence of legal and ethical standards regulating relations between a client and advocate, and receive consent of each of the clients for their simultaneous representation;
3. an advocate has sufficient grounds to presume that the result of simultaneous representation of the clients will properly accord with the interests of each, and even if the advocate fails to achieve the results as an intermediary, the interests and opportunities of each of the client in the subsequent defense of his interests will not suffer as a result of the advocate simultaneously representing their interests;
4. an advocate has sufficient grounds to believe that he can retain impartiality during the simultaneous representation of the interests of clients and discharge his professional duties in relation to each of them in conformity, with tlie law and requirements of these Rules.
Article 25. Compliance with the Principle of Confidentiality During Acceptance of Assignment from the Client
(1) An advocate may not accept assignments which may entail disclosure of information, confidentiality of which is protected by these Rules, except for the cases when a person interested in confidentiality gives his written consent on condition that his interests will not be objectively impaired.
(2) In case of refusal to accept an assignment an advocate shall be bound to keep confidential the information which was communicated to him by the client in the course of negotiations on accepting the assignment or which he became aware of in this connection.
Article 26. Compliance with the Principle of Confidentiality and Limitations Related to the Conflict of Interests During Acceptance of Assignment by Units of Advocates
(1) Articles 23 and 25 of these Rules relating to limitations on acceptance of assignments due to a conflict of interests and limitations resulting from the principle of confidentiality shall apply to relations arising from contracts made both with an advocate himself and with a unit of advocates.
(2) No advocate, who is a member of a unit of advocates, may accept an assignment of a client, if advocates, members of this unit of advocates, are not allowed to do so in accordance with Articles 23 and 25 of these Rules.
(3) Articles 23 and 25 of these Rules, insofar as they relate to units of advocates, shall apply to members of advocates' units which share the same premises, use technical services of the same personnel and the same office equipment, and have regular contacts in their professional activities due to specific technical organization of work in these units.
Article 27. Respect for the Rights of Other Advocates During Acceptance of Assignment from the Client
(1) Before concluding a contract with a client an advocate must find out from him whether or not he is bound 'by effective agreement with another advocate (units of advocates) on the performance of an assignment identical or overlapping in subject or substance and what are the reasons for the client's intent to waive further legal assistance by this other advocate (units of advocates).
(2) If these reasons are related to misunderstanding or the client's failure to understand the objective characteristics of his assignment, an advocate must offer appropriate clarifications to the client.
(3) If the client insists on substituting the advocate performing the assignment, an advocate must accept the assignment after the contract with the other advocate (unit of advocates) has been terminated.
(4) It is inadmissible to induce the client directly or indirectly to substitute an advocate, if there are no objective grounds to presume that subsequent legal assistance to the client by another advocate may infringe on his interests.
Article 28. Principles of Acceptance of Assignment from a Client by Several Advocates
(1) It shall be possible for several advocates to accept simultaneously an assignment by the wish of a client on the basis of distributed functions (or parts of the assignment) agreed upon between them. In this case the contract must clearly define the duties, scope of powers and limits of responsibility to the client by each of the advocates.
(2) It shall be prohibited to induce the client to conclude contracts with several advocates (resulting in increased fees), if incompetence is the underlying reason of the impossibility of performance of the assignment by one of them.
(3) If a legal assistance contract is made with a unit of advocates as a whole, the decision on appointment of a certain advocate or several advocates to perform the assignment or on substituting an advocate or advocates (where it complies with the law) shall be made at the discretion of the unit of advocates, unless the contract provides for a different procedure for substitution of the advocate.
Option: In paragraph 3, add the words (with a prior notification of the client) after the words "at the discretion of the unit of advocates".
Article 29. Compliance with the Principle of Legality During Performance of Client's Assignment
When performing the client's assignment, in no case an advocate shall use any unlawful or unethical means in particular, induce witnesses to give knowingly false evidence, put pressure on the opposite party, or witnesses (threats, blackmail, etc.), use personal contacts to influence the judgment of a court of law or any other authority before which he represents the client's interests, use information which was obtained from a previous client but is protected by law as confidential, or resort to other means which do not conform with current legislation or these Rules.
Article 30. Respect for the Client's Right to Choose the Advocate, Who Should Provide Legal Assistance, During Performance of the Assignment
(1) An advocate shall not refer his assignment on the whole or in its relatively independent parts to other persons without his client's consent; other persons may be involved in certain subsidiary actions related to performance of the assignment, but the advocate shall be responsible before the client for such actions of these persons.
(2) Other advocates may be involved in joint performance of an assignment on conditions defined in Article 28 of these Rules.
Article 31. Informing the Client on the Progress of His Assignment
An advocate must inform the client with reasonable regularity about the progress of the assignment and timely respond to the client's inquiries about the status of his case. The information must be communicated to the client in a scope that is sufficient for him to adopt motivated decisions on the substance of his assignment.
Article 32. Compliance with the Principle of Good Faith During Performance of Client's Assignment
(1) An advocate must dedicate a due attention to each of his assignments, which is reasonably necessary for their successful performance, irrespective of the amount of the agreed fees.
(2) An advocate is required to apply all reasonably necessary and available legal mans of effective legal assistance during performance of his client's assignment.
(3) An advocate shall be bound to be energetic in gathering proof for the matter assigned to him, and be scrupulous and insistent in using legally permitted methods for obtaining such proof.
(4) An advocate must strive to perform the assignment promptly, observing all other requirements prescribed by the law and the rules of these Rules as to an advocate's proper discharge of his professional duties.
Article 33. Advocate's Fees
(1) A fee determined by a contract shall be the only permissible form of an advocate's remuneration for providing legal assistance to a client.
(2) A fee charged by an advocate for rendering legal assistance must be legal by form and procedure for payment (depositing), reasonably justified in amount.
(3) The factors, which must be taken into consideration when determining a justified amount of the fee, include the following:
1. amount of time and work needed for the proper performance of the assignment;
the degree of complexity and novelty of legal questions pertaining to the given assignment; the need of experience for the assignment's successful completion;
2. the probability that the acceptance of the given assignment may hinder the advocate from accepting other assignments or considerably hamper their performance in the usual time regime;
3. necessity for business trips;
4. importance of the assignment for the client;
5. role of the advocate in achieving the hypothetical result desired by the client;
6. achievement of a positive outcome desired by the client following from the result of a qualitative performance of the assignment;
7. special or additional requirements of the client as to the time of performance of the assignment;
8. nature and duration of professional relations with the client;
9. professional experience, scientific and theoretical skills, reputation, and marked professional abilities of the advocate.
(4) None of the factors set forth in paragraph 3 of these Article have a self-sufficing significance; they are to be taken into account in their interrelation respective 10 the circumstances of each definite case.
(5) A fee shall be considered as undoubtedly overcharged, if in the process of negotiating its amount with the client:
(5) The amount of the fee and procedure for its payment shall be clearly determined in the contract.
(6) The principles of fee calculation (fixed amount, hourly charge, a premium for successful outcome of the case, etc) shall be agreed by the advocate and the client and recorded in me contract.
(7) The contract may provide for further changes of the fee determined as fixed due to a substantial increase or decrease of assistance that has to be provided, and for consequences of the failure to reach agreement on this matter.
Article 34. Payment for Actual Expenses Related to Performance of Assignment
(1) Apart from the fee, an advocate has the right to charge the client a sum that is necessary to cover the actual expenses related to the performance of the assignment, if the contract provides for client's obligation to cover these expenses.
(2) The legal assistance contract shall specify the types of future actual expenses related to the performance of the assignment (payment for expert opinions requested by the advocate, transport, typing, copying and other technical services, translation and notary certification of documents, telephone calls, etc.); the procedure of their coverage (advance, payment for provided services at a specified time, etc.); and may specify their amount.
(3) If the need to bear or increase expenses has arisen after the conclusion of the contract, an advocate must immediately inform the client about it and obtain his consent to cover expenses not agreed in advance.
Article 35. Persons from Whom an Advocate May Accept the Fee and Payment for Actual Expenses Related to Performance of Assignment
An advocate may not receive a fee or payment for actual expenses related to The performance of the assignment from anybody else but the client (or any person who made a legal assistance contract in the client's interests under Article 18 of these Rules), except for the cases when:
1. the client insists on it;
2. the acceptance of payment from another person under definite circumstances cannot effect the advocate's independence in rendering the client legal assistance and will not entail the breach of advocate's responsibilities prescribed by the current legislation and these Rules.
Article 36. Collecting the Fee. Collecting the Remainder Fee.
(1) The advocate's right to collect in full the fee deposited by the client arises only when the advocate completes the performance of the assignment; at the same time an advocate shall be entitled to collect the fee in part as he performs the assignment, if otherwise not foreseen under the legal assistance contract.
(2) The advocate's right to receipt a fee that has not been deposited (or of the remainder of the fee) shall not depend on the result of performance of the assignment, unless the legal assistance contract provides for other conditions.
Article 37. Relations with Regard to the Fee in Case of Contract Termination
In case of premature termination of a contract on rendering legal assistance:
1. on the initiative of the client, if the underlying reason of termination of a contract is an advocate's improper performance of the contract in breach of the law and these Rules, or in case of advocate's actual refusal to perform the assignment (except the cases when the law and these Rules provide for unilateral termination of the contract by the advocate), an advocate may not claim a fee and must immediately return to the client the actually deposited fee;
2. on the initiative of the client in other cases, as well as on the reciprocal initiative of the advocate and the client or on the initiative of the advocate while observing the terms provided for by these Rules, the advocate shall be entitled to charge a fee in the part corresponding to the amount of work actually performed or collect a corresponding part. of the fee actually deposited by the client, unless the contract provides for other solutions.
Article 38. Certain Aspects of Property Relations Arising if the Contract is Concluded with Another Advocate
(1) The amount of the fee provided for in a contract on rendering legal assistance is binding only for the advocate (unit of advocates) who concluded this contract, but it shall not prevent another advocate from accepting the given assignment (as a whole or in part) after the termination of the contract to determine anew the amount of the fee following from the criteria defined in Article 33.3 of these Rules.
(2) An advocate who continues performing the assignment accepted by another advocate (unit of advocates):
1. by virtue of renewal of the contract on rendering legal assistance, must to the best of his possibilities facilitate the receipt of the fee due to the other advocate for the amount of work he has actually performed;
2. in case of the death of another advocate (dissolution of the unit of advocates), he must facilitate the receipt of the amount to the heirs of the deceased (successors of the unit).
Article 39. Ethical Limitations on Property Contracts Between an Advocate and His Client
An advocate, who is handling a client's assignment, may not conclude with that client any deals on property, except for contracts specifying methods for ensuring the client's obligations on paying the legal fee and covering actual expenses related to the performance of the assignment.
Article 40. Unilateral Termination of a Legal Assistance Contract by the Client
(1) A client may at any time and by any reasons terminate a contract with an advocate unilaterally.
(2) An advocate may not put pressure on the client in order to hinder him in the exercise of this right.
(3) At the same time an advocate, who has learned about the intention of the client to terminate the contract, must explain to the client the possible consequences of this move for the prospects of the subsequent performance of the assignment, find out the reasons behind the client's initiative to terminate the contract, and if they are connected with a lapse or occasioned by removable shortcomings in the representation of the client by the advocate, explain to the client and discuss with him the possibility of retaining the contract, if this objectively meets the interests of the client.
Article 41. Unilateral Termination of a Legal Assistance Contract by the Advocate
(1) An advocate may prematurely (before the completion of the performance of the assignment) terminate a contract with the client, given the totality of the following conditions:
1. the client agrees to terminate the contract, being informed about the possible consequences of this for the future performance of his assignment;
2. the client has a real possibility to turn to another advocate.
3. current legislation does not provide that this type of legal assistance contract cannot be terminated.
(2) Notwithstanding the conditions foreseen under paragraph 1.1 and 1.2 of this Article, an advocate may terminate a contract with a client under one of the following circumstances:
1. the client is committing unlawful acts that are related to the essence of the assignment and does not cease doing so in spite of the advocate's explanations;
2. the client uses the legal assistance rendered him for facilitating the commission of an offense;
3. in spite of the advocate's explanations the client insists on achieving the result which, owing to new and newly revealed circumstances, is believed by the advocate to be objectively unattainable;
4. the client grossly breaks the obligations he has undertaken according to the agreement;
5. the proper performance of the assignment becomes impossible owing to the client's actions committed in spite of the advocate's advice;
6. the client commits actions which denigrate the honor, dignity and professional reputation of the advocate;
7. the client refuses to cover actual expenses in cases determined by Article 34.3 of these Rules, if these expenses are necessary for further performance of the assignment;
8. the physical or psychological condition of the advocate objectively renders him incapable of further performing the assignment properly; in this case the advocate shall be bound to take all possible measures accessible to him to avert the infringement upon the legitimate rights of the client and ensure their further representation by another advocate;
9. in other cases provided for by these Rules.
(3) In all cases involving termination of the contract on the advocate's initiative, he is required to notify the client of this termination, explain the reasons of the termination, make sure that these reasons cannot be eliminated both objectively and subjectively due to the client's position, and take reasonably necessary steps to secure legitimate interests of the client. .
Article 42. Termination of a Legal Assistance Contract upon the Mutual Consent of Advocate and Client
A legal assistance contract can be terminated at any time upon the mutual consent of the advocate and the client, provided the latter is aware of the possible consequences of the agreement's termination for the prospects of the performance of his assignment.
Article 43. Termination of a Legal Assistance Contract Due to a Conflict of Interests of Clients or Impossibility to Comply with the Principle of Confidentiality
(1) In case, when in the process of performing the client's assignment an advocate learns of the existence of a conflict between the interests of the latter and other clients as well as other persons mentioned in Articles 23 and 25 of these Rules, he must terminate the agreement with the client (one of the clients), unless a written consent is received from the client (clients or persons interested in maintaining the information confidential) for further representation of his (their) interests by this advocate or for disclosure of confidential information.
(2) When determining with whom of the clients the agreement should be terminated in cases foreseen by Article 23.1, an advocate must proceed from the comparison of the possibilities of each of them in fuming to another advocate, the importance of the rights and interests underlying the substance of the assignment, the time that is needed to complete each of the assignments, and the amount of damage that might be caused to each of the clients owing to the termination of the agreement on rendering legal assistance.
Article 44. Advocate's Responsibilities with Regard to the Termination of Contract
When terminating a contract (irrespective of the reasons), the advocate shall be bound:
1. to return to the client the documents received from him and the documents issued to the advocate in the course of performing the assignment, as well as the property given to the client by the advocate for storage and the unexpended funds intended for covering the expenses related to the performance of the assignment;
2. to inform the client on the performed work and pass on to the client the copies of procedural documents drawn up by the advocate in the course of performing the assignment. This rule does not extend to cases of an advocate terminating a contract owing to the gross violation by the client of the obligations he undertook under the contract, in particular in case of refusal to pay or actual non-payment of the fees in the whole amount.
Article 45. Termination of a Legal Assistance Contract by a Unit of Advocates
If a unit of advocates is party to the contract with a client on rendering legal assistance and circumstances pertaining to the advocate who has been instructed by such unit of advocates to render legal assistance to that client arise to become the reason for terminating a contract, the unit of advocates must use their best efforts -to replace the advocate by consent of the client provided requirements of these Rules can be observed.
Article 46. Ethical Aspects of Advocate's Relations with Incapable (Partially Capable) Clients
(1) Client's incapability (limited or partial capability) or his actually limited capability to evaluate adequately the reality shall not be the reason justifying the non-performance (improper performance) of advocate's responsibilities with regard to this client.
(2) If owing to age, psychological illness and other objective reasons the client has a reduced ability to make well-considered decisions related to the substance of the assignment, an advocate must nonetheless use his best efforts to maintain with him normal relations which meet the requirements of these Rules.
(3) If a client by legally established procedure has been recognized as incapable (partially capable) and a guardian (custodian) has been appointed to him or the client is a minor and his interests accordingly are represented by a legal representative (guardian, custodian) who knowingly to the advocate acts to the detriment of the legitimate interests of the minor (ward), an advocate must:
1. refuse to accept (or, accordingly, continue performing) the assignment which might entail infringement upon the interests of the minor (ward);
2. take all measures accessible to him for the protection of the legitimate interests of the client;
3. inform the authorities for guardianship of the said actions of the guardian (custodian) of the incapable (partially incapable) client or legal representatives (guardians) of the minor.
Article 47. Ethical Aspects of Advocate's Relations with a Legal Entity as His Client
(1) In the relations on rendering legal assistance to a legal entity as a client, when determining the holder of the client's rights and responsibilities and appropriate procedure for performance of his own responsibilities, an advocate must proceed from the following:
1. for the purposes of coordination with the client, as prescribed by the legislation
and these Rules (specifying the contents of the assignment, obtaining permissions to disclose confidential information, giving explanations on the legal situation in the case, informing on the progress of the assignment, etc.), the client shall be represented by a duly authorized person who executed the legal assistance contract on behalf of the legal entity, or any other person (persons) specified in the contract.
2. the holder of the rights and responsibilities, which are protected or represented by the advocate, is the legal person itself; therefore, if actions related to the subject matter of the assignment made by the person (persons) specified in the paragraph 1 of this Article or other persons, who have employment (membership or other similar) relations with the legal person as the client, are unlawful or objectively prejudice the client's interests and make it impossible to perform effectively the assignment, the advocate should take reasonably necessary and available measures to reduce adverse effects of such actions, in particular, appeal against them to the chief manager of the legal entity (or a body superior to him).
(2) If despite the steps taken by the advocate, the chief manager of the legal person (or a body superior to him) supports the above actions (omissions) detrimental to the interests of the legal entity, the advocate may terminate the legal assistance contract unilaterally.
Article 48. Specific Aspects of Applying the Rules on the Conflict of Interests in Relations with a Legal Entity as a Client
(1) The provisions of these Rules, which regulate an advocate's conduct in situations of conflict of interests, shall fully apply to the relations rising during the provision of legal assistance to the client.
(2) If it becomes clear through the contacts with officials and other employees of the legal entity as the client, which are related to the provision of legal assistance to this client, that the conflict of interests is rising, the advocate should expressly notify that he represents a client - legal entity and explain his responsibilities related to the conflict of interests.
(3) During the period of the legal assistance contract with the legal entity as the client, the advocate should not make legal assistance contracts with persons who have employment. civil or other relations with the client, where this can come into conflict with the client's interest.
(4) In a situation of a conflict of interests described in Article 23.1 Article 25.1 of these Rules, an advocate may accept an assignment from an official or any other employee of the legal entity, who has found himself in the conflict of interests with the latter or whose assignment may entail the disclosure of information on the legal entity, if, in accordance with the above provisions, a duly authorized persons gives a consent on behalf of the legal entity, provided that this authorized person is not the one in whose favor the consent is requested.
Article 49. Specific Aspects of Performance of Assignment Related to Mediation Between the Clients
(1) If an advocate acts as a mediator between the clients, he must coordinate decisions with each of them and duly inform each of them about all circumstances and considerations necessary for rational decisions on the substance of the assignment.
(2) Advocate must discontinue his intermediary actions and terminate respective contracts with each of the clients, who are simultaneously represented by him, if at least one of them demands this, or where circumstances arise, under which it is impossible to observe the conditions prescribed by Article 24.1 of these Rules.
(3) If an advocate's intermediary actions have not brought any results desirable for the clients, he shall not represent the interests of any of these clients in matters related to the substance of mediation.
Article 50. Ethical Aspects of Defense by Appointment
(1) Defense by appointment of bodies of preliminary investigation and a court of law in cases foreseen by the current legislation on the criminal procedure is an important professional duty of an advocate: Unjustified refusal to undertake defense in such cases shall be inadmissible.
(2) The refusal shall be considered as justified only in cases:
1. when an advocate, due to a temporary physical condition, cannot fully discharge his professional functions;
2. when by objective reasons an advocate lacks the proper skills to render legal aid in a definite case which is especially difficult;
3. when rendering legal aid to a specific person and for definite reasons, it is impossible to observe the requirements of these Rules which regulate the conflict of interests or the confidentiality of information;
4. when acceptance of defense by appointment due to definite objective reasons can entail infringement upon the rights and legitimate interests of other clients of an advocate with whom he is bound by a prior contract on rendering legal assistance;
5. when the share of advocate's workload by appointment in his total workload is obviously excessive and puts him in a difficult financial situation.
(3) Where the defense is performed on appointment under the procedure prescribed by the Criminal Procedure Code of Ukraine and compensated in accordance with the current legislation, a legal assistance contract may be concluded with the client, at any stage of legal assistance, which provides for payment of fees by the client.
(4) In these cases, an advocate shall not induce the client to make a contract by way of deceit, threats or other means which do not conform with the current legislation and these Rules.
Advocate who defended the client during the pretrial investigation on the basis of the contract or an appointment, can not refuse to accept the appointment to defend this client in the trial court.
Article 51. Ethical Aspects of Legal Aid to Poor Citizens
(1) An advocate must always take into consideration in his professional activities that the advocate's profession is not only a source of his profits but also is of significant social importance and is one of the major guarantees of the proper protection of rights and freedoms of citizens, and requires dedication to the objectives of this profession, generosity and humanity from its representatives. Therefore, an advocate should provide partially paid or free legal aid in cases prescribed by law.
(2) An advocate's unjustified refusal or evasion of rendering free legal aid in cases directly provided for by the law is inadmissible. Such refusal shall be considered as justified only in cases similar to those foreseen under Article 50.2 of these Rules.
(3) An advocate must also try to find a possibility to provide partially paid or free legal aid to poor citizens in other cases which are not prescribed by law, being guided by the reasonable balance of this work and the fully paid one.
(4) If a person, who has a known right to a free legal aid in accordance with the law, applies to an advocate, the advocate should explain this right to this person. In these cases, the advocate is not allowed to offer false information on the rights of this person or willfully conceal it or seek payment for the provided legal assistance.
(5) However, if the client, being informed of his rights, still wants to pay the fee, or any
other persons would like to do so for him, the advocate may accept the payment, provided that other rules of advocate's ethics are not breached by this.
(6) If advertising material on the activity of an advocate (unit of advocates) indicates that certain types of legal assistance or assistance to specific categories of citizens will be provided free of charge, an advocate shall strictly comply with the terms of the advertising material and cannot refuse to provide free legal aid in cases directly mentioned in the advertising material. In the same manner shall the advocate (unit of advocates) observe the instructions included in the advertising material on decreased rates for legal assistance.
Article 52. Advocate's Compliance with the Principle of Good Faith During Defense on Assignment and Free Legal Aid
An advocate shall be equally diligent in performing accepted assignments both when contracts provide for a full fee and when the legal aid is compensated by the state at fixed rates or is provided free of charge in accordance with the law or the contract made between the advocate and the client.
CHAPTER VI. RELATIONS BETWEEN ADVOCATES
Article 64. General Ethical Principles of Relations Between Advocates
Relations between advocates must be built on the basis of corporate spirit, respect for one another as representatives of the legal profession, mutual observance of professional rules, and compliance with all the basic principles of an advocate's ethic defined by these Rules.
Article 65. Certain Ethical Aspects of Relations Between Advocates
In his relations with another advocate, an advocate may not:
1. make statements humiliating his honor and dignity or causing damage to his professional reputation, or tactless and disrespectful expressions;
2. spread deliberately false information about him;
3. attempt to induce a client of another advocate to terminate the agreement on rendering legal assistance;
4. have contact with a client of another advocate with regard to his own assignment without consent of that advocate;
5. attempt to induce a person, who has come to another advocate in an unit of advocates, to conclude a contract on rendering legal assistance;
6. intentionally delude him as to a case, in trial of which they both take part, in relation to time and place of the hearings; the results of consideration by various judicial instances of individual stages of the case; availability of proof (and intentions to provide it) which in reality do not exist; the intentions of his client pertaining to the subject of the litigation and ways of handling the case: terms of a proposed settlement.
Article 66. Acceptable Forms of Advocate's Response to Unlawful or Unethical Actions of Another Advocate
Acceptable forms of advocate's response to unlawful or unethical actions of another advocate, which have damaged or may damage the interests of the advocate, his client, unit of advocates, elected bodies of the Bar or the Bar itself, shall include petitions (applications, complaints) to the disciplinary authorities of the Bar, and other forms of protecting the rights and legal interests of a person, prescribed by the current legislation of Ukraine.
Article 67. Certain Aspects of Compliance with the Principles of Mutual Respect Between Advocates
(1) An advocate should avoid the disclosure of information disparaging another advocate in mass media (or in any other way), unless his own legal interests, interests of his client or the Ukrainian Bar require to do so.
(2) An advocate must not discuss with his client or the client of another advocate the circumstances pertaining to the personal life of the latter, his financial status, origin, national identity, and other circumstances which affect another advocate but are irrelevant to the substance of the assignment.
Article 68. Restricted Advertising of Advocate's Activities in Connection with the Principle of Corporate Spirit
An advocate may not engage in publicity against another advocate (unit of advocates) or use this method when advertising his own activity.
Article 69. A Property Aspect in Relations Between Advocates When One of Them Recommends Another to the Client
An advocate has no right to demand or accept the compensation from another advocate for recommending him to a client.
CHAPTER VII. OBSERVANCE OF STANDARDS OF ADVOCATE'S ETHICS IN ADVOCATE'S PUBLIC AND ACADEMIC ACTIVITIES OR PUBLICATIONS
Article 70. Balance of Advocate's Professional Responsibilities and His Public, Academic and Other Interests
(1) An advocate must remember that he should observe his professional responsibilities, in particular those which follow from the rules of advocate's ethics, in his public and academic activities and publications.
(2) In case of a conflict between advocate's professional responsibilities prescribed by law, the rules of advocate's ethics and his obligations before particular clients, which arise from legal assistance contracts, on the one hand, and his obligations relating to his membership in a certain non-governmental organization, party, scientific society, etc., on the other hand, this advocate shall not breach his professional responsibilities.
Article 71. Compliance with the Principle of Confidentiality in Advocate's Public, and Academic Activities or Publications
In public and academic activities or publications, an advocate may not use any information, the confidentiality of which is protected by the rules of these Rules, without the consent of the person interested in keeping such information confidential.
Article 72. Compliance with the Principle of Respect to the Legal Profession in Advocate's Publications
In his publications, an advocate must not disseminate information which does not reflect the real state of affairs or is false, or derogatory to the honor, dignity and business reputation of other advocates or the prestige of the Bar; and his reasonable criticisms with regard to such persons or the Bar should be presented in a concrete form.
CHAPTER VIII. THE ROLE OF UNITS OF ADVOCATES IN ENSURING OBSERVANCE OF THE RULES OF ADVOCATE'S ETHICS
Article 73. The Rules of Advocate's Ethics Apply to Activities of Units of Advocates
These Rules of Advocate's Ethics shall be binding on units of advocates to the same extend as on individual advocates.
Article 74. Responsibilities of Units of Advocates in Ensuring Observance of the Rules of Advocate's Ethics
If a unit of advocates is a party to a legal assistance contract, it shall be bound to ensure that a candidate advocate charged with the performance of the assignment (or individual jobs of an assignment) meets the requirements toward an advocate's competence that stem from the nature of the assignment, as well as that other rules of these Rules pertaining to the conclusion of contracts on rendering legal assistance and their execution and termination are complied with.
Article 75. Role of Advocates in Securing the Compliance with the Rule of Advocate's Ethics by Units of Advocates
Every advocate who is a member of a unit of advocates shall make reasonable efforts to ensure that the unit takes measures securing the compliance with these Rules by all advocates and staff of that unit.
Article 76. Balance Between Professional Responsibilities of Advocates Who Arc Members of Units of Advocates and Their Responsibilities Related to Their Membership in These Units
For an advocate who is a member of a unit of advocates, his professional responsibilities to clients, which rise from the current legislation, the Rules of Advocate's Ethics and legal assistance contracts shall prevail over his obligation .to fulfill instructions of the management bodies of his unit of advocates.
CHAPTER IX. RESPONSIBILITY FOR THE BREACH OF RULES OF ADVOCATE'S ETHICS
Article 77. Legal Consequences of a Breach of the Rules of Advocate's Ethics
A breach of the rules of advocate's ethics by an advocate may entail disciplinary measures applied to him in the manner prescribed by the current legislation on the Bar.
Article 78. Advocate's Responsibility for a Breach of the Rules of Advocate's Ethics by Advocate's Assistant
An advocate may be brought to disciplinary responsibility for a breach of the rules of advocate's ethics by his assistant if the advocate:
1. did not ensure that the latter is familiarized with these Rules;
2. did not properly control the actions of his assistant involved in certain work related to the performance of an assignment defined in a legal assistance contract made between the advocate and his client;
3. facilitated the violation of the Rules of Advocate's Ethics by his assistant through his instructions, advice or personal example.
Article 79. Responsibility of the Management of a Unit Advocates for the Failure to Secure the Conditions for Compliance with the Rules of Advocate's Ethics
An advocate, who is a manager of a unit of advocates (advocates who are members of a board of a unit of advocates) may be brought to disciplinary responsibility for the failure to comply with the requirements of Article 74 of these Rules as well as for his decisions which entail a breach of the Rules of Advocate's Ethics.
Article 80. General Principles of Disciplinary Responsibility for the Breach of the Rules of Advocate's Ethics
(1) When applying disciplinary penalties for the breach of the rules of advocate's ethics, the disciplinary bodies of the Bar shall be guided by the general principles of legal responsibility, in particular, they should apply the measures of disciplinary responsibility only for proved violations.
(2) Presumption of innocence shall apply in matters of disciplinary responsibility of advocates.
Article 81. The Role of Regional Disciplinary Bodies of the Bar in Explanation of the Rules of Advocate's Ethics
(1) When in particular situation an advocate finds it difficult to choose the way of conduct which corresponds to the Rules in particular circumstances, he may apply to an appropriate regional disciplinary body of the Bar for explanations.
(2) Advocate's actions which comply with the explanations of the regional disciplinary body of the Bar shall not be imputed to him or entail any disciplinary penalty.
