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Responsibilities lawyers

Responsibilities lawyers


In carrying out their professional duties lawyer must consistently comply with applicable law, to use all legal means of protecting the rights and lawful interests of citizens and legal entities and have no right to use its powers to the detriment of the person in whose favor the order is received, and refuse to take over the defense of a suspect, accused, defendant .

The lawyer may not accept an order for legal aid in cases where it is on the case or has previously provided legal assistance to persons whose interests are contrary to the interests of the person requesting of the case, or participated as an investigator, the person conducting the inquiry, the prosecutor , the public prosecutor, judge, secretary of the hearing, expert, specialist, representative of the victim, civil plaintiff, civil defendant, witness, interpreter, understood, and when in the investigation or the case involved an official with whom the lawyer is related.

In the article provides for attorney professional duties in strict compliance with the law. It is clear that any legal action associated with the application of law, and it can not be carried out otherwise than under the law. Activities of attorney is given to them under oath to comply with Ukrainian legislation, international instruments on human rights and freedoms, rules attorney ethics. On the duties of a lawyer it is in almost every article of the Rules of ethics law, which defines these responsibilities. And this is natural, since applying for legal aid to a lawyer, a citizen must be protected and confident in the professionalism of those who provide it. Therefore. 10 of the Rules established that counsel must perform their professional duties competently and conscientiously. From the lawyer is required thorough knowledge of legislation and the ability of its practical application, the maintenance of professional legal knowledge and their systematic update. The lawyer is obliged to maintain their awareness regarding the conduct of civil and criminal cases, especially the development and upholding the legal position.

Terms of attorney ethics slightly increase the amount of duties as a lawyer than prescribed by the Law \u0026quot;On Advocacy\u0026quot;. This is probably due to the diversity of advocacy, the need to develop the best means of protection in circumstances where the lawyer as stated in the Rules in favor duty-bearer, sometimes contradictory in relation to clients, judges and other government officials, lawyers and some lawyers, the society whole.

Enshrined in the Oath of attorney Ukraine debt always cherish the purity of the title attorney coincide with the law of ethics law that the lawyer must be honest and respectable in private life, and caring about the prestige of the title of counsel, to provide a high level of culture, behavior, have a decent appearance, behave with restraint, tact, etc. Violation of lawyer professional responsibility may involve disciplinary proceedings against them.

Especially important duties of counsel when he gives Legal Services Set on its relationships with customers and other stakeholders, and colleagues. For example, the lawyer is forbidden to take orders, if the means to achieve it, in which the client insists, is unlawful, or a lawyer shall not accept instructions from a client directed to him by the person conducting the inquiry, the investigation is examining the case.

Using a lawyer all legal remedies and legal interests of citizens and legal persons is a crucial factor in achieving effective results of ongoing activities of a lawyer. Attention is drawn to the fact that the bar ethics counsel notes the obligation to use all reasonably necessary and available legal means to effective legal assistance. However, it should be noted that the existing legislation, establishing such funds, some restrict the achievement of the objectives of protection. It is, for example, to limit the participation of defense counsel in the investigation or review from the time of admission to the protection of the accused only outlined in Part 2 of Art. 48 CPC documents, the abolition of the right to ask questions during the investigative action, etc.

 

 
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