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Www.pnplaw.pl The independent and international business law firm of Warsaw Canons of professional ethics of legal advisers in Poland YLEP, Łochów 2009.

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Presentation on theme: "Www.pnplaw.pl The independent and international business law firm of Warsaw Canons of professional ethics of legal advisers in Poland YLEP, Łochów 2009."— Presentation transcript:

1 www.pnplaw.pl The independent and international business law firm of Warsaw Canons of professional ethics of legal advisers in Poland YLEP, Łochów 2009

2 www.pnplaw.pl The independent and international business law firm of Warsaw 2 Professional Ethics Codes 1. Legal Advisers Ethics Code: Appendix to the resolution of the National Assembly of Legal Advisers 2. Advocates Ethics Code: The resolution of the Advocates’ Supreme Chamber

3 www.pnplaw.pl The independent and international business law firm of Warsaw 3 TOP 4 VALUES of Legal Advisers 1.independence / autonomy 2.avoidance of conflicts of interests 3.professional secrecy 4.lawfulness

4 www.pnplaw.pl The independent and international business law firm of Warsaw 4 Independence A legal adviser is obligated to protect his/her independence. the right and obligation to say ”NO” not to surrender to any influences to be bound by the law only

5 www.pnplaw.pl The independent and international business law firm of Warsaw 5 Avoidance of conflicts of interests represent both parties if their legal interests are contrary A legal adviser cannot: represent any party if he/she is personally engaged

6 www.pnplaw.pl The independent and international business law firm of Warsaw 6 Professional secrecy 1. Confidentiality, meaning that a legal adviser:  cannot disclose information about his/her clients’ deals  cannot disclose that particular entities are his/her clients except if a client has consented to disclosure of such information 2.Using the information for one’s own purposes is forbidden 3.The secrecy obligation is not limited in time

7 www.pnplaw.pl The independent and international business law firm of Warsaw 7 Lawfulness 1.facilitate commitment of a crime or 2.allow somebody to avoid a penal liability for future actions Legal services of legal advisers cannot be provided if they are to: The Legal Adviser should not advise how to avoid the law but how to comply with legal regulations

8 www.pnplaw.pl The independent and international business law firm of Warsaw 8 Other professional standards: 1.Obligation of insurance 2.Advertising rules – advertising allowed since January 2008 3.Remuneration rules – remuneration cannot be limited to a success fee only

9 www.pnplaw.pl The independent and international business law firm of Warsaw 9 relations with clients based on trust relations with other legal advisers and with the corporation based on respect and loyalty.

10 www.pnplaw.pl The independent and international business law firm of Warsaw 10 Disciplinary liability -admonition -reprimand with a warning -suspension (3 months – 5 years) -penalty fee (up to 5 average remunerations) -capital punishment – professional death sentence Resolved by the Disciplinary Court - corporation’s body The penalties are:

11 www.pnplaw.pl The independent and international business law firm of Warsaw 11 Appeal from Disciplinary Court verdicts The appeal is possible to the Higher Disciplinary Court – corporation’s body Civilian (independent) courts are not involved

12 www.pnplaw.pl The independent and international business law firm of Warsaw 12 THANK YOU FOR YOUR ATTENTION Lech Gniady associate in Peter Nielsen & Partners Law Office lg@pnplaw.pl Direct phone +48 22 59 29 009 office@pnplaw.pl www.pnplaw.pl

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