III - Relationship to a Client

[Colt Daniels]

III - Relationship to a Client

1. Faithfulness to the client is the attorney's main duty. It is more important than the attorney's own interests and any loyal considerations regarding colleagues.
2. An attorney shall exercise all his or her professional skill and conscientiousness to represent a client and render his or her legal assistance without delay or hesitation. Therefore, when undertaking a representation, an attorney must use proper care not to, because of excess work, jeopardize timeliness, thoroughness and conscientiousness when exercising his or her professional duty. An attorney who is approached by too many clients should direct them to other attorneys.
3. An attorney shall render legal assistance to a client who approaches him or her and may refuse the requested legal assistance only for the reasons established by law, and this Code.
4. An attorney may refuse a client's request for legal assistance only for important reasons, such as overload, meagre prospects for success, insufficient knowledge in a particular legal field, and immorality of the client's reasons to seek legal assistance.
5. An attorney who personally knows the adverse party may refuse to represent a client against it. If he or she is willing to undertake such representation, his or her client has to be informed about the acquaintance in advance.
6. An attorney shall refuse legal assistance, if:
   1. he or she or any other attorney who worked or still works in the same office on the same legal matter or in any related legal matter has represented the adverse party or both parties and has given them legal advice or received instructions from them;
   2. if he or she has worked on the same legal matter or as a law trainee with the attorney who represents the adverse party;
   3. if he or she has worked on the same legal matter as a judge, public attorney, or as any other official person in an administrative or other procedure;
   4. except in a criminal case, what the client seeks is clearly against the law, so that, in all probability, failure may be predicted;
   5. in all other cases provided by law, and this Code.
7. An attorney who renders legal service to two or more parties must cancel the representation of either of them if a dispute among them arises in connection with the rendered legal service.
8. An attorney may not cancel representation except for the reasons for which he or she is obligated or authorized to cancel them pursuant to this Code.
9. If in the course of representation it becomes clear that the client, without any blame on the part of the attorney, has lost every chance for a successful outcome, the attorney is authorized to voluntarily dismiss the case if it will not cause excessive damage to the client.
10. An attorney who cancels representation shall represent the client until the client finds another counsel, but not longer than 15 days from the cancellation of the power of attorney.
11. If it is in the interest of the client, the attorney shall exert every effort to help the parties to a dispute to reach an agreement without initiating judicial or any other proceedings. In the course of judicial or any other proceedings, the attorney shall try to encourage the parties to resolve the dispute by way of settlement if this is in the interest of his or her client.
12. An attorney shall represent and defend the client conscientiously, using all the necessary legal means to do so.
13. In the course of representation and in connection with the dispute, an attorney shall not come into contact with the adverse party, either in the absence of the client or without the client's approval.
14. If an attorney renders legal assistance to a number of clients in the same matter, it is his or her duty to conscientiously protect the interest of all of them, regardless of which party asks for legal assistance.
15. While representing a client, an attorney shall not accept the invitation of the adverse party to represent him or her, even if in another case.