Confidentiality

Confidentiality

One of the fundamental principles of legal activity is lawyer’s obligation to keep professional secret. Lawyer cannot provide useful professional assistance to the client, until full mutual understanding between them won’t be achieved. At the same time, client must have an absolute confidence and ability to operate, due to the fact, that issues discussed with the lawyer and information provided to him will be retained as confidential, without any special requirements or conditions from the client side.

Lawyer must retain in secret all information, concerning facts and circumstances, provided to him by the client or that became known by the lawyer due to implementation of client’s order. Also, lawyer shall not disclose the fact of one or another client’s appeal to him, until he will be clearly and unambiguously authorized by the client, also if this is required by the law or allowed under professional ethics rules.

Lawyer must keep confidentiality in the relationship with any customer, regardless of whether the customer is a constant or he applies to receive single time assistance. Lawyer must equally retain in secret details provided by the client, also details about client, received by the lawyer during the process of service providing.

Quite simple and clear is a provision assigning all the rules governing the legal secrets to the lawyer assistants and technical staff in legal services firms. In general codex of rules for European Communities lawyers, for example, this provision allocated as separate rule and formulated as follows:

“Lawyer must demand that his assistants and any other person, who takes part in providing services to the client, to comply confidentiality. Lawyer must take all necessary measures needed, so that all his assistants, secretaries and other personnel of legal service company (bureau) should comply with provisions of this rule”.

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