RELATION TO THE CLIENT AND TO THE CASE

RELATION TO THE CLIENT AND TO THE CASE

1. – The lawyer as a provider of legal services and performer of public authorizations
should give legal assistance, represent or defend the client, every time when clients refer
to him/her for that purpose.
The lawyer may refuse to give a legal service or perform a public authorization
only because of justified reasons, as for example: if the lawyer is overloaded with work;
if he/she finds that there are very small chances to win the case; if the client is not
capable to pay the costs and the remuneration to the lawyer; if the litigant is
irresponsible etc.
Refusing to give legal services in criminal cases (defense) should be considered
under rigorous criteria. – This is allowed only in exceptional cases of objective or
subjective nature, as for example: lawyer’s illness; if the accused didn’t pay for the
previous defense in the same case etc. However, in all these cases the accused shouldn’t
be left without defense.

In case when the client is poor, his/her incapability to pay completely the
remuneration to the lawyer, should not affect the provision of legal services or
providing of public authorizations, because the lawyer’s vocation is traditional and
honorable.
2. – If the lawyer accepts to perform public authorization or give legal assistance,
representation or defense, he/she is obliged to establish a relation of confidence with
his/her client and to remain loyal to him. The lawyer may cancel the representation,
defense or giving other legal assistance, because of the same reasons aforementioned in
item 1, but only if he/she found out about the existence of these reasons after he/she had
accepted to pursue the case. – However, in this case the lawyer is obliged to represent
his client until he finds another legal representative, but no longer than 30 days.
3. – The lawyer may not perform public authorization or represent clients who are colitigants
or co-accused in the same case, if they have opposite mutual interests. If a case
like this arises in the course of the representation, or defense, the lawyer is obliged to
cancel the representation, or defense towards one of his/her clients.
4. – When composing bilateral legal deeds (contracts or other), the lawyer is obliged
to protect the interests of the two parties conscientiously, regardless of the fact who
asked for the legal assistance and who is paying the remuneration. – If a dispute
regarding the contract composed by the lawyer arises between the parties, the same
lawyer may not represent either of them.
5. – The lawyer is obliged to represent and defend his/her client conscientiously, using
all necessary means which are permitted by the Law or by other regulations. – But, the
lawyer should avoid submitting unnecessary briefs or proposals. – The lawyer should
insist on concentrating all evidence and facts in small number of briefs. – The lawyer
may not identify himself with his client; he should act from the height of his function –
representative or defender of his client.
6. – Representing his client, the lawyer should accept neither the offer to represent the
opposite party in the same case, nor other activities which are opposite to his client’s
interests, during the litigation.
7. – If the lawyer accepts the offer to represent or defend the client, he should get
detailed information with all possible evidence from his client, and to caution the same
that in his/her interest is to inform the lawyer about all facts. On the other hand, the
lawyer is obliged to research and study conscientiously the case that he accepted to
represent and to act upon that case on the same way, as well to inform his client
honestly about his personal opinion about the expected outcome of the litigation.
The lawyer is also obliged to familiarize his client with the actual situation of the
case – from factual and legal point of view.
8. – When accepting the offer to represent the client, the lawyer is obliged to inform
him, if possible, about the amount of expenses and the remuneration for the
representation or performing of public authorization. – If the client is in bad financial
condition, the lawyer should adjust the remuneration with the financial condition of his client, that is, to decrease the remuneration even under the minimum which is
determined by the tariff. Also, the lawyer should not demand any remuneration from a
client who is extremely poor, taking care for the old ethical principle of the lawyers:
nobody should be left without an expert lawyer’s legal assistance only because of his/her
incapability to pay the remuneration.
9. – The lawyer should not accept to perform public authorization, to represent, defend
or render other legal assistance in so many cases at the same time, if that would make
him overloaded to the extent that he could not handle conscientiously and thoroughly
each of the cases. If the lawyer is overloaded, he should refer the client to other
colleagues he trusts.
10. – The lawyer should not see the opposite party as an enemy but as an average
adversary, who may be as confident in his right as the client he represents. Thus, the
lawyer’s relation to the opposite party should be concrete. – Nevertheless, this should not
affect the representation of his client. The lawyer should act energetically and without
fear, but still in the framework of the provisions of the law. – The lawyer should avoid
any contact with the opposite party without knowledge of his client and the opposite
party’s representative.
The lawyer should inform his client about his friendly relation with the opposite
party, before he agrees to represent the client. This would eliminate any suspicion
regarding the regular/correct performance of the lawyer’s duty


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