10 ethical rules from the President of the Bar Council of England and Wales
Oleksandr Chernykh, the UNBA representative in the United Kingdom, met with Samuel Townend, the President of the Bar Council of England and Wales, in the last week of his term in office, to record an interview about the standards of the profession, the role of lawyers in justice, and the participation of self-government in protecting the interests of the community.
The Bar Council of England and Wales is a representative body for 18 thousand barristers. The main task of the Council is to protect both the interests of the bar community and the public interest in ensuring the rule of law. The Chairman of the Bar Council has supervisory functions, and the profession is regulated by the Bar Standards Board, which develops the Code of Ethics for lawyers.
S. Townend spoke in particular about the regulation of lawyers' behavior. «We have 10 main responsibilities, - he said. - And under each basic duty there are explanations that help you understand how you should behave».
So, the key ethical rules are:
1) to fulfill their duties to the court in the administration of justice (when a barrister is in court, they are considered an employee of the court);
2) act in the best interests of each client;
3) work honestly and transparently;
4) maintain independence. This will help to avoid conflicts of interest, among other things;
5) behave with dignity. The advocate shall not behave in a manner that may diminish the trust that the public places in the advocate and the profession as a whole;
6) to keep confidential the information provided by the client;
7) to perform his or her work competently;
8) to prevent any manifestations of discrimination;
9) be open and cooperate with the Bar Standards Board;
10) take reasonable measures for the competent management of their practice and compliance with legal and regulatory obligations.
The President of the Council also gave an example of how these standards are implemented in specific situations. For example, decent behavior on social media implies that it is inappropriate to ridicule the judiciary, which is properly performing its functions. You cannot personally attack a judge through social media, the media, or even incite violence or other things against a judge or your opponent through the use of social media.
«We regularly review these guidelines, but essentially it comes down to common sense that you should not behave on social media in the same way that you would behave in person or on the phone. And behavior that falls below the appropriate standard in a face-to-face meeting may well fall below the appropriate standard on social media», - explained S. Townend.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
Publications
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…