THE COURT'S CODE
The role of the lawyer, as advocate and protector of
rights, freedoms and interests citizens and legal entities in a democratic society
based on the rule of law, it is very significant but also demanding. Such a role
places him with a number of moral and legal obligations, how to the party he
represents, as well as to the courts, the legal profession, the public, etc., and
asks of him adherence to the Code of Bar Ethics at all times performing his
business. It is also the duty of every lawyer to, in addition to the protection of
rights, freedoms and the interests of the party he represents take care of:
conscientious and professional performance of his business; preserving your own the
independence, honor, honesty and integrity of the lawyer and the honorable conduct
of his business; obligation confidentiality and the confidence of the party it
represents, but also of the judicial authorities; respect for the human dignity,
protection and enjoyment of basic human rights and freedoms; humane and considerate
relationship that implies the respect and respect of all those with whom it is in
contact in the conduct of its business; the requirements of professional and general
culture; the reputation and dignity of the bar, as well as its promotion and
affirmation, professional assistance and advice to other attorneys and law trainees;
perfecting and upgrading their legal and general education, etc.
The lawyer's primary duties to the party he
represents are loyalty, loyalty, conscientious and diligent performance the duty of
legal counsel, seeking to justify the trust shown by the party which elected him as
his own legal representative. The lawyer independently decides on the acceptance of
the offer to represent the client, and when making it these decisions should not be
guided by gender, national, racial, linguistic or religious affiliation, political
conviction, origin, social status, etc. A lawyer can only refuse to provide legal
assistance reasons prescribed by the Law, the Code and other legal acts FBiH Bar
Chambers or if it judges that the case cannot succeed advocate because he is not
competent in the field, but is obliged to state to the party the reasons for
refusing legal aid. If the lawyer determines that the party he represents is giving
untrue facts and instructions, he or she is litigated or not being able to pay
attorneys' fees may cancel legal assistance.
The attitude towards the opposing party must be
correct, and the appearance considered and objective with full respect and respect
for both the opposing party and its legal representative, seeking to resolve the
dispute at mutual interest. The lawyer is obliged to prevent any verbal altercation
of the trial opponents and not it may disparage or misuse the opposing party in any
way whatsoever her ignorance, the fallacy if she has no legal representative, and if
she has one, the lawyer is obliged to communicate exclusively with her
representative.
The relationship between lawyers and courts,
administrative and other state bodies is based on respect for the law and the legal
culture and the legal profession. It is the duty of the lawyer to respect the
authority and reputation of the court and other bodies before to whom he represents
his party, and to act properly, while maintaining his independence, personal
reputation and independence of the bar. He must not by unprofessional means and
dishonestly influence the course procedure and decision making, nor abuse its
authority. He is bound, courageously and honorably, to be allowed by means of
defending the interests of his party, regardless of his own interests or
consequences, to resist any violation of the lawfulness, violation of dignity and
fundamental human rights of his party, and warn him of the conscientious exercise of
the rights conferred upon it in the proceedings.
The law profession is based on the relationship
of trust and mutual cooperation of lawyers, with the aim of achieving the welfare of
their clients. Relationships between attorneys, and attorneys and law trainees, in
each segment of business and private life, they must be fair and based on the basis
of mutual respect, respect, while maintaining a certain degree of independence and
determination in representing and protecting the interests of one's own self
customers. A lawyer may not take over the representation of a party misled by
another lawyer if the party is not revoked the power of attorney of the previous
lawyer or informed him that he would hire a new lawyer in addition to him. legal
more than one lawyer can provide assistance to one person. Attorneys must be in
solidarity, collegiality and above all professional in relationships and provide
each other with advice, opinions and be ready to replace a colleague if the need
arises. Lawyers will settle their disputes on their own or before the Chamber's
bodies. One of the responsibilities of every lawyer is education, professional
assistance and professional training a lawyer's junior, which includes:
familiarizing the trainee with the principles and rules of the Code lawyer ethics,
rules of conduct in work and life; familiarization with the obligation to keep a
lawyer's secret; facilitating practice in a variety of subjects; participation in
the work of the organization of law trainees Federal Bar Chambers; constant
monitoring and supervision of trainee work; help with preparations for passing the
bar exam; assistance in opening a law office and acquiring clients.
When providing legal assistance, all
confidential information and facts learned by a lawyer from his client or otherwise,
all records, audio, computer and other records are considered to be a lawyer's
secret and the lawyer has a duty of confidentiality. An essential prerequisite for
professional and conscientious representation and the condition of independence i
the independence of the law profession is precisely the keeping of the lawyer's
secret that the lawyer, as well as his associates or attorneys at a joint law firm,
required to keep it after the end of the proceedings or representation. By
disclosing a lawyer's secret, the lawyer commits the most serious breach of the
lawyer's duties and reputation. He's a lawyer obliged to participate in the work of
the bodies of the Chamber and be responsible for their work, to preserve its
reputation, independence and independence and fulfill your obligations to the
Chamber. The lawyer is responsible for the work of his office and must duly and keep
the subject on time, keep records and records of deadlines and hearings, be
conscientious and accurate in monetary matters jobs, especially when it comes to
someone else's money that should not be misused.
When it comes to the media, the lawyer may not
make public the parties' information that represents, the facts and circumstances
known to him, or anything to which his party is legally entitled entrusted the
representative. If the opposing party incorrectly informed the public about the
procedure, what could to influence the further course of the proceedings, the lawyer
is obliged to inform the public and provide accurate information thereby prevent
harm to the party he represents.
Attorneys are practiced by lawyers as
individuals who, for the common purpose of pursuing the profession, establish a
joint law firm or company. The lawyer must preserve the lawyer's reputation and
independence activities must not engage in activities that would impair it. In
providing legal assistance to a party, it is the duty of the lawyer to take all
actions which, in his judgment, are in the interest of the party and which are in
the within the scope of the law or authority obtained from the party The application
of the law is monitored by the work of attorneys, law offices, and the Federal Bar
Association The Federal Ministry of Justice, which may require certain reports and
information, taking into account the the independence of the bar. The legal system
requires all lawyers to respect each other's colleagues, civilized dispute
resolution, honesty, which will help resolve the dispute by agreement and to the
benefit parties, and facilitate the proper functioning of the legal system. We
strive to reach the best attorneys advice to our clients.
The lawyer must be free and independent in
every respect: political, economic, intellectually independent of the state and
other influential interests, independent of the represented party if enjoyed the
trust of the third party and the court, and must not allow its independence to be
compromised by pressure business associates. Chambers and attorneys' free membership
play an important role in maintaining independence profession. The independence of
the profession supports the independence of the lawyer. The lawyer must avoid
conflicts of interest, a for the purpose of properly practicing law and may not
represent two parties in the same case if there is a conflict between the interests
of those parties or a conflict of interest between him and the party; is obliged to
give up representing a new party if he or she possesses confidential information
received from the current or former party parties, etc. If a conflict of interest
arises during the party's legal representation, the lawyer must withdraw further
representation. The lawyer has an obligation to develop and improve his / her
professional knowledge and skills. Advokat Azur Prnjavorac