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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of September 30, 2021 No. 180

About approval of Rules of professional ethics of the lawyer

Based on the paragraph of the sixth Item 1 of article 38 of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus" and parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No. 334-Z

1. Approve Rules of professional ethics of the lawyer (are applied).

2. This resolution becomes effective since November 30, 2021.

Minister

O. L. Slizhevsky

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of September 30, 2021 No. 180

Rules of professional ethics of the lawyer

Chapter 1. General provisions

1. These rules are based on moral criteria and traditions of legal profession, and also on international standards and rules of lawyer profession and represent the code of the provisions determining requirements imposed to the identity of the lawyer and his behavior in case of accomplishment of professional obligations and also in customer relations, colleagues, bodies of lawyer self-government, state bodies, law enforcement agencies and courts, other organizations and officials.

2. Action of these rules extends to lawyers, including activities of which are suspended.

Paralegal assistants, trainees of the lawyer and other workers of legal advice bureaus follow these rules in the part corresponding to their labor obligations.

3. The lawyer shall observe the legislation and adhere to regulations of professional morals, constantly maintaining honor and advantage of the profession as the participant of administration of law and the public figure, and also personal honor and advantage, to promote preserving and increase in the prestige.

The lawyer shall approve respect for lawyer profession, its essence and public appointment, promote preserving and increase in its prestige.

In any situation, including out of professional activity, the lawyer shall keep honor and advantage, to avoid everything that could cause damage to the authority of legal profession or undermine confidence to it.

4. When questions of professional ethics of the lawyer are not settled by the legislation on legal profession, including these rules, the lawyer should adhere to the customs and traditions which developed in legal profession which content corresponds to general ideals and the principles of morality in society.

5. The profession of the lawyer is the liberal profession based on rule of law, trust and independence.

6. In the professional activity the lawyer is completely independent. The lawyer performs obligations on protection of the rights and interests of the client freely and independently, adequately and tactfully, fairly and essentially, honesty and confidentially, without any intervention or pressure from the outside.

Chapter 2. Advantage of profession and personal advantage of the lawyer

7. Advantage of profession of the lawyer is provided with its special moral attitude towards itself determining the corresponding attitude towards him from society.

8. Approval and maintenance of advantage of the lawyer assume making of the corresponding moral acts and non-execution of the acts degrading its advantage. Degrading professional advantage is considered such behavior of the lawyer which discredits its high rank and undermines confidence of society to legal profession.

9. For the purpose of maintenance of honor and advantage follows the lawyer:

be polite, tactful, fair, fair, basic and independent;

be effective competently, use all legal means, methods and methods of rendering legal aid;

it is active to uphold the line item;

keep lawyer secret;

not make the actions undermining prestige of legal profession and personal advantage of the lawyer, promote increase in role and authority of legal profession on society;

use only exact and reliable information, participating in legal education of citizens;

not allow any infringement of the professional independence;

it is permanent to expand and deepen the knowledge of area of the right;

in case of execution of professional obligations to observe business manner in communication and official style of clothes.

10. The lawyer has no right:

be effective contrary to legitimate interests of the client, give him legal aid, being guided by reasons of own benefit, immoral interests or being under the influence of pressure from the outside;

take the legal position contradicting interests of the client;

disclose, and also trade on the data reported by it to the lawyer in connection with rendering legal aid to it without the consent of the client;

use the data received during negotiations on the conclusion of the voluntary settlement, participation in the conciliatory procedure, mediation if other is not established by legal acts;

make public statements about validity of fault of the client if the last denies it;

require and submit the documents discrediting participants of process or other persons if it is not necessary for case;

impose the help to persons and attract them as clients by use of personal contact with employees of law enforcement and judicial authorities, offers to the client of the help instead of the lawyer elected by it, the promise to the client of happy end of case in case of the participation in it and other unworthy methods;

allow the statements containing personal insults concerning participants of process, and equally to respond with roughness to roughness of the last;

buy or to otherwise acquire the property of clients which is matter in issue, including property rights, both on the name, and addressed to other persons.

11. Information on the activities and the rendered types of legal aid distributed by the lawyer shall not contain comparisons with other lawyers and criticism of other lawyers, and also statements, hints, ambiguities which can mislead prospective clients or cause in them groundless hopes for happy end of case.

12. The lawyer has the right to combine lawyer activities with work in governing bodies of Bars and legal advice bureau, pedagogical (regarding realization of contents of educational programs), scientific, creative activities, activities of the arbitration judge, arbitrator, mediator, and also the conciliator in the conciliatory procedure.

Implementation by the lawyer of other activities shall not discredit honor and advantage of the lawyer or to cause damage to the authority of legal profession.

Chapter 3. Lawyer secret

13. Observance of lawyer secret is unconditional priority of activities of the lawyer. The obligation of preserving lawyer secret is not limited in time.

14. Rules of preserving lawyer secret extend on:

data on questions according to which the client asked for legal aid;

essence of consultations, explanations, the references received by the client from the lawyer;

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