Legal ethics in Belarus Ann Valchok, Tamara Sakolchyk 28 August 2009, Łochów Palace

2 LEGAL PROFESSIONS:  Advocates;  Business lawyers;  Notaries;  Judges;  Prosecutors.

ADVOCATES vs. BUSINESS LAWYERS 3 Law on Advocacy; internal regulations of the Bar Association. No separate law; regulations of Ministry of Justice. Work as members of the Bar Association. No private practice. Work as individual entrepreneurs or/and employees of a law firm.

4 Act under the license issued by the Ministry of Justice:  Higher legal education;  3 years experience or 6-12 months probation in the Bar;  Examination. Law firm acts under the license issued by the Ministry of Justice. Each business lawyer is required to be certified by the Ministry of Justice:  Higher legal education;  1 year experience;  Examination. Advice on all issues and can appear in all courts (common, commercial and arbitral). Advice on commercial activities and can appear in commercial and arbitral courts only. ADVOCATES vs. BUSINESS LAWYERS

SPECIAL REGULATION OF ETHICAL BEHAVIOUR:  Advocates, Business Lawyers & Notaries - Rules of professional ethics;  Judges & Prosecutors - Codes of Honour. 5

GENERAL PRINCIPLES  To carry out an activity in a way, which upholds the dignity of lawyer’s profession;  To avoid the conduct which could discredit lawyer’s profession. 6

COMMON PRINCIPLES Relations with clients  Not to provide legal services to the parties with conflicting interests in the same case.  To converse with the client’s opponent (provided that client consents), represented by another lawyer, only with the assent and in presence of the latter. 7

8 COMMON PRINCIPLES Relations with clients  To estimate rationally the cost of legal services provided.  Not to discuss with the client reasonableness of other lawyers’ remuneration.

9 COMMON PRINCIPLES Relations with clients  Not to limit by any means the client’s freedom to obtain legal advice from other lawyers.  Not to give promises to the client regarding the results of the case if the client may be mislead by such promises and may imagine that the lawyer is able to influence the results illegally.

COMMON PRINCIPLES Confidentiality  To maintain confidentiality of information concerning client’s activity.  Information shall remain confidential while providing legal services as well as after termination of contractual relations between the lawyer and the client. 10

COMMON PRINCIPLES Confidentiality Law does not protect the principle of confidentiality for business lawyers. Business lawyer must disclose “confidential information” on request of the court, prosecutor’s office or investigation bodies in case of criminal or civil matter. 11

12 PECULIARITIES OF ADVOCATES’ ACTIVITY Confidentiality  Advocate is obligated to keep in secret all data provided by the client.  Advocate’s secret is inviolable: advocate shall not disclose confidential information in any case (even to the court or prosecutor’s office in case of criminal matter).

13 COMMON PRINCIPLES Relations with other lawyers  Not to speak depreciatingly of other lawyers’ activity.  Legal assessment of the services provided shall not be considered as a depreciating review.

14 PECULIARITIES OF ADVOCATES’ ACTIVITY Responsibility  Shall the advocate violate the rules of professional ethics, the advocate will bear disciplinary responsibility imposed by the Bar Association in accordance with the Law on Advocacy.

15 PECULIARITIES OF ADVOCATES’ ACTIVITY Advertising  Advocate is not allowed to use self- advertisement;  Information regarding membership may be provided solely by the advocates’ office.

16 Thank you! Ann Valchok, Tamara Sakolchyk s: Estonia Pärnu mnt Tallinn, Estonia tel fax Latvia Kr. Valdemāra iela 21 LV1010 Riga, Latvia tel fax Lithuania Jogailos g. 4 LT01116 Vilnius, Lithuania tel fax Belarus Pobediteley Ave. 23/ Minsk, Belarus tel fax