Стандарты осуществления юридической практики

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]
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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



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

assume full responsibility for property and



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.

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



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

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



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

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

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,



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.

.


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