Table of Contents
1. The duty of the lawyer
In the course of the lawyer’s procedure, he provides legal representation of his client, whether before a court, authority, or in any other legal matter. The lawyer’s primary duty is to represent his client, keeping his client’s interests in mind, warning the client of his rights and obligations, and any legal disadvantages that may affect him, i.e. representing his client, defending him in a criminal case, giving him legal advice, preparing a contract, submission, other document, or manage a related deposit.
2. The lawyer’s duty of confidentiality
From the moment the client enters the lawyer’s office and presents his legal problem, the lawyer is bound by a duty of confidentiality regarding what is said, regardless of whether or not an engagement is established between the lawyer and the client. The lawyer’s obligation of confidentiality continues even after the termination of his legal practice. The obligation of confidentiality extends not only to what is said orally, but also to documents prepared by the lawyer or obtained during his proceedings.
Exemption from legal professional secrecy
The lawyer is released from his obligation of confidentiality only if he is granted a waiver. Exemption from the obligation of confidentiality may be granted:
- the principal;
- legal successor of the principal; and
- legal representative of the client.
Apart from the above, no other person can release the lawyer from his duty of confidentiality.
There is one exception to the exemption: in the event that the lawyer became aware of some fact or data as a defense counsel, he may not be questioned as a witness regarding these, even if he is entitled to be exempted from the obligation of confidentiality.
3. Assignment between the Lawyer and the Client
An assignment is created between the lawyer and his client when they agree on its content, the assignment fee and any costs. The assignment contract must be concluded in writing, unless the assignment is for consulting. If the assignment between the lawyer and the client is terminated for any reason, the lawyer is also obliged to act in the interest of the client during the notice period.
In order to maintain the relationship of trust between the lawyer and the client, it is an important condition that the lawyer may not accept assignments from anyone else. The lawyer may accept assignments from his former client if there is no connection between the former and the new case. Of course, the client can give the lawyer a written exemption from this.
I would like to draw the attention of my clients to the case of document editing. If I act as a document editor (e.g. during the preparation of a sales contract), I am present as the legal representative of each contracting party (e.g. the seller and the buyer). Thus, all parties are considered the attorney’s principals, regardless of which party bears the attorney’s fees.
