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Canons of professional ethics of lawyers in Lithuania. Jurgita Vencku tė 28 August 2009 , Lochow. Supreme Court of Lithuania.
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Canons of professional ethics of lawyers in Lithuania Jurgita Venckutė 28 August 2009, Lochow
Supreme Courtof Lithuania Lawyer, being a part of legal system, must notonly obey the law but also protect the spirit of law as well as the ideals of justice by his activities. A lawyer who is in breach of the law or ethics requirements cannot justify himself with the lack of awareness of with too abstract regulations. Professional ethics should be known ex officio. Judgment dated 23 February 2009, Case No 3K-3-80/2009
Code of Ethics: content of legal advice (I) • Disciplinary procedures cannot be imposed for the legal opinion given in a good will while providing professional service. • The client must be warned if his/her claims are related to legal risks. • The lawyer may proceed with the assignment even if the claim may be considered ungrounded, however the client must be warned accordingly.
Code of Ethics: content of legal advice (II) • A lawyer cannot choose any position in the criminal case without consulting the client. • If the client recognizes criminal accusations but the lawyer considers them as ungrounded, the lawyer must take independent position. • A lawyer must not convince the client to recognize criminal accusations even if there are sufficient legal grounds for that.
Code of Ethics: content of legal advice (III) • The lawyer should always give an advice on a peaceful settlement of a dispute or offer alternative dispute resolution means. • The lawyer is entitled to evaluate possible outcome of the case without providing definite guarantees. • A lawyer representing a client must obey the rules which would not discredit his profession and would pay respect to the dignity of other persons.
Restrictions A lawyer is prohibited from: • Acting in a case without taking into account the position of the client (except for denial of criminal accusations); • Defending the client’s interests when it results in illegitimate measures; • Recognizing accusations against the client, when the latter is in the denial thereof.
Confidentiality • A fact of request for a legal advice • Clauses of the contract on legal service • Content of legal advice • Data provided by or collected on behalf of the client
Conflict of interests • A lawyer may not consult, represent , defend or act on behalf of two or more clients on the same matter of in the same case if they have contradicting interests. • The client must immediately stop acting on behalf of a client if it may cause a conflict of interests.
Thank you! Jurgita Venckutė e-mail: jurgita.venckute@sorainen.lt