Ethical Rules

ETHICAL RULES FOR THE LEGAL PROFESSION

adopted by the All-Ukrainian Public Organization "Ukrainian Bar Association"

Kiev, 2012

(approved by the Ukrainian Bar Association Legal Assembly, 5 October 2012)

While sharing with the International Bar Association (IBA) the same idea of ethical principles in the profession of a lawyer, which were declared in the General Principles for the Legal Profession, adopted by the IBA Board on 20 September 2006 in Chicago, the all-Ukrainian public organization Ukrainian Bar Association (hereafter "the Association") has developed these Ethical Rules (hereafter "Ethical Rules") for the Legal Profession aimed to promote and foster the ideals of the legal profession among the Ukrainian community of lawyers.

The Rules are based on the idea that lawyers are professionals in the legal field who work in different juridical areas and place the interests of Law, Justice and their Clients above their own, and also strive to obtain respect for the Rule of Law.

Section 1. Field of Application

1. Ethical Rules for the Legal profession contain standards of moral and professional behavior and are obligatory for all the members of the Ukrainian Bar Association. The Ethics Commission is created to control the maintenance of the Rules.

2. All lawyers shall maintain the ethical rules in the specific professional field (judges, lawyers, public prosecutors, notary publics etc.). In case a statement of these Ethical Rules contradicts ethical rules in the specific professional field, the latter are to be followed.

3. The principles of the Ethical Rules do not replace the regulations under the applicable laws. In case a statement of these Ethical Rules contradicts the applicable law, the law is of higher priority.

4. All types of professional activities in the legal profession fall under the Ethical Rules.

5. For specific categories of lawyers the Rules might be further defined by making alterations and additions to the contents of the Rules. The meaning of the Ethical Rules may be explained according to the Statute of the Association.

Section 2. Independence

A lawyer shall maintain and be afforded protection of independence to allow him or her to give unbiased advice/legal assistance and/or representation.

A lawyer shall exercise his or her independent, unbiased professional judgment upon advising his or her client/providing legal assistance to his or her client as to the likelihood of success of the client’s case.

Section 3. Honesty, integrity and fairness

A lawyer shall at all times maintain the highest standards of honesty, integrity and fairness towards the Court, his or her colleagues and all those with whom he or she comes professionally into contact.

Section 4. Conflict of interest

A lawyer shall not place himself or herself in a position in which his or her own/his or her client’s interests conflict with those of himself or herself, his or her partners or another client, unless otherwise permitted by law or, if permitted, by client’s authorisation.

Section 5. Confidentiality/professional secrecy

A lawyer shall at all times maintain and protect confidentiality regarding the affairs of his or her present or former clients, unless otherwise is required or permitted by law or, if permitted, by client’s authorisation.

Section 6. Clients’ interests

A lawyer shall treat the interests of his or her clients as paramount, but always observe the law and maintain ethical standards according to his or her duties to the Court and the interests of justice.

Section 7. Lawyer's undertaking

A lawyer shall honour any undertaking given in the course of his or her practice, until the undertaking is performed, released or excused.

Section 8. Clients’ freedom

A lawyer shall respect the freedom of clients to be represented by the lawyer of their choice. Unless prevented by professional rules or by law, a lawyer shall be free to take on or reject a case.

Section 9. Property of clients and third parties

A lawyer shall account faithfully for any property of his or her clients or a third party which comes into his or her trust, and shall keep it separate from his or her own property.

Section 10. Competence

A lawyer shall carry out his or her work in a competent and timely manner and shall not take on work which he or she does not reasonably believe he or she will be able to carry out in that manner.

Section 11. Fees

A lawyer is entitled to a reasonable fee for his or her work. He or she shall not claim ungrounded payment. A lawyer shall not generate unnecessary work.

Section 12. Ethics Commission

The Ethics Commission deals with the cases of violation of the Ethical Rules for the Legal Profession. The Ethics Commission acts in accordance with the Statement, which is adopted on the basis of the Statute of the Association.

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