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What lawyer is obliged to do

What lawyer is obliged to do


In carrying out their professional duties, counsel shall act in accordance with the requirements of the law only provided them with the means of protection of rights and lawful interests of citizens and legal persons and other things that are not contrary to law. Lawyer shall not use its powers to the detriment of the person whose interests he represents, and also refuses to accept for himself protection. Using data obtained by counsel in connection with his professional activities, can only be to protect the client. If the suspect, accused, defendant admitted his guilt in committing a crime, a lawyer, there are reasons for this should stand before the court, the investigator, the prosecutor of his innocence. He must reconcile his position with his client, as a conflict between the positions of lawyers and the defendant is accepted. Lawyer can not recognize the proven guilt of his client, if the latter denies it.

The lawyer may not accept an order for legal aid, if it provided such assistance, and provides the same or another related case, a person with conflicting interests that can damage a person who applies for legal aid.

The lawyer also may not act as such if it is working before an investigator, prosecutor, judge, secretary of the hearing, expert, translator or as a public prosecutor, expert, representative of the victim, civil plaintiff, witness, witnesses party in question, investigate, judicial review to the person who applies for protection.

It can lawyer to accept an order of the proceedings in the case when the investigation or a case involved an official with whom he is related.

According to the requirements of article 61 of the Code of Criminal Procedure of Ukraine in the presence of these circumstances, the lawyer must refuse to perform the duties of counsel. On these grounds it can be removed from the case investigator, prosecutor or court. This decision is issued a reasoned decision of the body to which it became known. The ruling may be appealed by both counsel and defendant to a prosecutor or a court in the manner and within the time stipulated in Articles 234-236, and Part 3 of Article 254 of the CPC of Ukraine.

It should be noted that the lawyer can not act as an advocate or represent the interests of a few individuals, if those interests do not coincide or differ.
If the criminal procedural law provides for disqualification of counsel, the Code of Civil Procedure of Ukraine it is not resolved in detail. However, within the meaning of Part 3 of Art. 116 GIC implies that lawyers can not be representatives in court, if they accepted the assignment with violation of the rules established by law. That is, we can conclude that the adoption of the Law on Advocacy in. 7 removed incompleteness mill in this part.

The lawyer is obliged to keep secret attorney, the object and the contents of which are the circumstances that compelled the citizen or legal person to contact a lawyer as well as the essence of counseling, advice, explanations and other information obtained by counsel in the exercise of professional duties. Advocates provide Legal Services many areas.

These preliminary investigation, which became known to counsel, may be disclosed only with the permission of the investigator or prosecutor. Lawyers found guilty of leaking the data of the preliminary investigation shall be liable under applicable law.

The law also notes that the lawyer, his assistant and officials of the lawyers\u0026#39; association not to divulge information that are the subject of secret law, as well as use them in their own interests or the interests of third parties.

 

 
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