Povelja o osnovnim načelima evropske advokatske / odvjetničke profesije

CHARTER OF CORE

PRINCIPLES OF THE

EUROPEAN LEGAL

PROFESSION

“In a society founded on respect for the rule of law the lawyer fulfils a special role. The lawyer’s duties do not begin and end with the faithful performance of what he or she is instructed to do so far as the law permits. A lawyer must serve the interests of justice as well as those whose rights and liberties he or she is trusted to assert and defend and it is the lawyer’s duty not only to plead the client’s cause but to be the client’s adviser. Respect for the lawyer’s professional function is an essential condition for the rule of law and democracy in society.”

– the CCBE’s Code of Conduct for European Lawyers, article 1.1 There are core principles which are common to the whole European legal profession, even though these principles are expressed in slightly different ways in different jurisdictions. The core principles underlie the various national and international codes which govern the conduct of lawyers. European lawyers are committed to these principles, which are essential for the proper administration of justice, access to justice and the right to a fair trial, as required under the European Convention of Human Rights. Bars and Law Societies, courts, legislators, governments and international organisations should seek to uphold and protect the core principles in the public interest. The core principles are, in particular: (a)

the independence of the lawyer, and the freedom of the lawyer to pursue the client’s case; (b)

the right and duty of the lawyer to keep clients’ matters confidential and to respect professional secrecy; (c)

avoidance of conflicts of interest, whether between different clients or between the client and the lawyer; (d)

the dignity and honour of the legal profession, and the integrity and good repute of the individual lawyer;

(e) loyalty to the client; (f)

fair treatment of clients in relation to fees; (g)

the lawyer’s professional competence; (h)

respect towards professional colleagues; (i)

respect for the rule of law and the fair administration of justice; and (j)

the self-regulation of the legal profession.