CUSTOMER RELATIONS

• Article 15

CUSTOMER INTERESTS

• • A lawyer must always act in the best interests of his client. The relationship of trust with the client is a professional obligation. Trust is achieved when the lawyer is characterized by honesty and integrity.

Article 16

DUTY TO INFORM THE CLIENT

• • The lawyer must explain to the client the law and the line of action that he will follow, highlighting the possible legal consequences in his favor or against him. The lawyer must respond to the client's reasonable requests for information. A lawyer must inform his client about important matters related to representation in a timely manner in order for the client to reasonably defend himself or herself, or to take advantage of an opportunity provided by law, including any remedies offered. from the other side.

Article 17

RETURN OF DOCUMENTS

• • At the request of his client, the lawyer must return any original document received by the client due to his representation.

Article 18

CUSTOMER'S ASSETS AND FUNDS

• • The lawyer, with the approval of the client, can enter into the administration of the client's assets and his funds that may be deposited in the bank. For these funds and assets of the client, the lawyer keeps complete documentation for the actions performed. The documentation is kept for a period of 7 years starting from the end of the representation of the case. For criminal cases, this term starts from the moment of completion of serving the sentence.
    Funds are kept in separate accounts in the country where the lawyer's office is located or in another country where there is approval from the client.
    Article 19
    For receiving funds or any other assets owned by the client, the lawyer is obliged to notify the client.
    The lawyer must keep the client's funds separate from his own funds. At the request of the client, the lawyer immediately returns to him all funds or assets and, on his own initiative or at the request of the client, makes a full accounting regarding this asset.

Article 20

CONFLICT OF INTEREST

• The lawyer cannot provide legal assistance, advise, represent or defend on behalf of two or more clients in the same case, in case there is a conflict of interests of those clients between them.Article 21
  The lawyer does not represent and waives the representation or protection of two or more persons, when a conflict of interests arises between the clients, when the lawyer is convinced that the representation will harm the relations with the other client.
  
  Article 22
  A lawyer who has previously represented a client in a matter, does not represent another client in the same matter, when the interests of this person harm the interests of the previous client.
  Representation is allowed exceptionally, only if the previous client gives his consent.
  
  Article 23
  The lawyer must also withdraw from the representation or defense in case there is a risk of breach of confidence of the previous client, or in case the knowledge possessed by the lawyer about the matter of the previous client, would constitute an unfair advantage to the new client. The above rule is also valid for the case when the lawyer's profession is practiced in partnership, or from the same office.
  Article 24
  A lawyer should not engage in business transactions with a client if he and the client have different interests and when the client expects the lawyer to exercise professional judgment for the protection of the client, except when:

   

  • The transaction and the conditions in which the lawyer has acquired interests are fair, reasonable for the client and have been fully stated and transmitted in writing in a way that can be understood as reasonable by the client;
  • The lawyer advises the client to seek the advice of an independent lawyer regarding the transaction; AND
    The client gives his approval in writing, after fully declaring the terms of the transaction and the inherent conflict of interest in this transaction.

  Article 25
  A lawyer must not work for a new client if there is a risk of breaching confidences entrusted to the lawyer by a former client or if the knowledge has been gained as a result of previous employment as a government employee.
  Article 26
  TERMINATION OF REPRESENTATION AND DEFENSE 
  The lawyer may exercise his right to waive representation or defense. The lawyer withdraws from the representation or defense when the client fails to fulfill the legal, moral and financial obligations towards the lawyer in relation to his services and when he has previously been warned by the lawyer that he will withdraw in case the obligations are not fulfilled.

  Article 27
  Upon termination of representation or defense, the lawyer, in agreement with the client, takes measures that he deems reasonable for the protection of the client's interests by notifying him at an appropriate time, but always not less than 15 days, to given him the opportunity to find another lawyer.

  Article 28
  FEES

  • The lawyer is entitled to a fee for his services. The fee must be determined in a written agreement between the lawyer and his client. In the absence of a written agreement, the fee must be determined in accordance with the fee rates provided by the "Lawyers Legal Services Fee", approved by the National Chamber of Advocacy. In both cases, the fee must not be lower than the minimum, defined in the rates for this type of service.
  • An attorney's fee must be reasonable and fair. Factors to consider in determining how reasonable a fee is include:
    • The time and work required, the novelty and difficulty of the issues involved and the skills required to perform the legal services;
    • Time limitations imposed by circumstances;
    • The nature and duration of the professional relationship with the client;
    • The experience, reputation and ability of the lawyer or lawyers, in performing the services;
    • As well as other factors appreciated by him.
  • The lawyer should not be entitled to make a pactum de quota litis. By "pactum de quota litis" is meant an agreement reached before the end of the case, which determines the fees to be paid to the lawyer only for the results achieved and in which the client undertakes to pay the lawyer a part of the result achieved.
  • The lawyer is allowed to set "result fees" with the exception of family or criminal law matters. "Result fees" means:
    • Written agreements between the lawyer and the client, under which the lawyer undertakes to initiate a case or case according to specified minimum fees and the client agrees to pay a reasonable fixed amount depending on his positive results. The amount can be defined as a total amount or as a percentage of the money determined by the court decision.
    • A written agreement between a lawyer and a client under which the lawyer undertakes to initiate a matter or case with a specified minimum fee and the client agrees to pay additional fees for a successful outcome.
  • The lawyer can provide free legal assistance for:
    • People who are in financial difficulties;
    • People who are supported with financial assistance;
  • The lawyer may offer services free of charge to close friends, relatives or other lawyers.

  Article 29
  WITHDRAWAL OF REPRESENTATION 
  The lawyer must not withdraw from an undertaken representation, except when there are reasonable reasons, such as, among others:

  • Overload or insufficient knowledge in a particular legal field;
  • Dishonesty of the client's reasons for seeking legal assistance;
  • When the client insists that the lawyer undertake actions that are contrary to the law or the code of ethics;
  • When the client insists that the lawyer take actions that are contrary to his professional assessment;
  • When the customer cannot pay for the assistance or does not fulfill the contractual obligations for the payment of the assistance already provided;

  The lawyer may not exercise his right to withdraw from a case in such a way or under such circumstances that the client may not be able to provide timely legal assistance.

RELATIONSHIPS BETWEEN ATTORNEYS

• • Article 35

• • Relations between lawyers must be based on the principles of cooperation, mutuality and confidentiality in the interest of their clients.

Article 36

• • The lawyer must get to know the lawyers of the National Chamber and reflect to them politeness and correct attitudes in accordance with the norms of professional ethics.

Article 37

• • The lawyer, for a special case, can communicate with the lawyer of the other party. It is not allowed for the lawyer to communicate with the opposing party regarding the concrete case, when he knows that he is represented by a lawyer, without the latter's consent.

Article 38

RELATIONSHIPS BETWEEN ATTORNEYS

• • A lawyer who temporarily gives up practicing his profession as long as he is in a working relationship with the public administration, must not allow his/her name to remain in the name of the law office or be used in the office's professional announcements during the period in which the lawyer does not participate actively and regularly in law enforcement as a member of the office.

Article 39

RIGHTEOUS BEHAVIOR IN JUDICIAL PROCEDURES

• • In court proceedings with opposing parties, in order for all parties and lawyers to have equal access to the court, the lawyer must not, without notifying the other party or his lawyer, contact or provide documents or materials to the court regarding a case under review or to be brought to trial, under circumstances which may have the effect of, or which may give the impression of, an unfair advantage to one party. This provision will not be applied to cases where such actions are permitted by law.

Article 40

DISTRIBUTION OF PAYMENTS

• • A lawyer who has undertaken to complete the unfinished legal affairs of a lawyer who has died must pay to the heirs of the deceased lawyer that portion of the total fee which fairly represents the services rendered by the deceased lawyer. A lawyer may pay his non-lawyer assistants salary, social security and other similar payments even if the funds come from the lawyer's fees.

Article 41

PROHIBITED STATEMENTS

• • The lawyer should not compare his services with the services of other lawyers.
    The lawyer must not comment on other lawyers about special fees or about the way of practicing the profession.
    A lawyer who commits disparagement of a client who was previously represented by another lawyer should not criticize the services rendered by the previous lawyer.

Article 42

UNFAIR COMPETITION

• • The lawyer must not make any efforts, which are not in accordance with the dignity of the profession, to take the client of his colleague.

Article 43

ATTORNEY

• • Before undertaking the representation of a client who has been represented by another lawyer, the lawyer is obliged to satisfy himself that the previous lawyer-client relationship has been properly terminated.
    This provision does not apply in cases where the client is represented by more than one lawyer at the same time and terminates the representation relationship with the person.

Article 44

ASSISTANT LAWYER

• • The lawyer is obliged to follow the work of his assistant, share experience with him and enable his professional qualification.
    The lawyer must make efforts for the assistants to act in accordance with the law and the Code of Ethics. The lawyer is obliged to provide the assistant with a certificate that proves the length of time as an assistant with him, at the request of the assistant.

Article 45

RELATIONSHIP WITH ATTORNEYS OF THE OTHER PARTY

• • A lawyer must not represent or advise a client in matters where the other party's lawyer is the lawyer's spouse, parent, child or sibling, lives with the lawyer, or has an intimate personal relationship with the lawyer, unless the latter has informed the client his written on this relationship.
    This prohibition is valid for partners of a law office and partners of a company.

Article 46

• • In cases where the client's interests are protected by two or more lawyers who are independent from each other and when the lawyers defend different opinions regarding the possibilities for the client's protection, the final decision will be taken by the client. Lawyers who disagree with the decision may withdraw from representing or defending the client.

Article 47

RELATIONS WITH LAWYERS OF OTHER STATES

• • The lawyer has the duty not to accept the cooperation with a lawyer of another state for a matter for which he is not competent. In this case, he should help his colleague to contact another lawyer who can offer the requested service.

Article 48

• When the lawyer cooperates with a lawyer of another country, he is obliged to take into account the differences that may exist between the legal systems and the relevant codes of ethics.