CODE OF CONDUCT FOR THE LEGAL PROFESSION
PREAMBLE
1. The lawyer, under the Code of Lawyers, is obligatorily a member of the Bar Association in the district where he or she practises the legal profession. He is appointed by decree as an unsalaried public officer and is a “co-operating Officer of Justice“. He constitutes one part of the Triptych of the Operation and Administration of Justice (Judges – Lawyers – Court Clerks).
2. The Bar Associations of the State, in accordance with Article 199 of Legislative Decree 3026/1954 “On the Code of Lawyers”, bear the following duties and obligations, the fulfilment of which constitutes a legal and moral duty: a) To attend to the overall dignity of the lawyer and to the rendering by every Authority of the respect due to him in the exercise of his profession. b) To submit proposals and opinions concerning the improvement of legislation, its interpretation and its application. c) To formulate observations and judgments regarding the operation and administration of justice. d) To discuss and take decisions on every matter of interest to the legal profession or to the members of the Association or to the professional class. e) To discuss and take decisions on every more general matter of National or Social content. These provisions define their particular nature and substance and confer upon them the special standing and professional authority that is followed with particular interest by the legal world and the Greek people.
3. The Bar Associations of the State are Scientific and Professional Bodies. As scientific bodies which encompass the foremost scientific forces of the country, their mission is to provide services for the proper functioning and administration of justice; the advancement and progress of the science of law; the improvement of legislation; the monitoring of the case-law of the courts; the defence of the independence of the judiciary; the protection of constitutional rights and individual freedoms of citizens; and the safeguarding of the free expression of the Greek people. As professional associations which include in their ranks practitioners striving for their professional career, livelihood and progress, they have a duty to defend the issues and the professional and moral demands of the legal profession, to fight for their advancement and resolution, and to remain vigilant for the protection of the legal community as a whole.
4. As public officers, “co-operating Officers of Justice”, lawyers also have a duty to fight for the proper functioning of justice, the elevation of its standing and prestige, and to provide substantive assistance to its officers so that they may meet the demands of their difficult and onerous task.
5. Particularly high is the responsibility of the lawyer in the exercise of his profession during periods when Extraordinary Courts are operating, when the defence of the goods of liberty and the rights of the citizen mandate his strong presence at trials, the conduct of which and the judgments rendered are subject to the operation of stark expediency rather than legality and the principles of the “rule of law”. Under conditions where “Extraordinary Courts” are in operation, the lawyer must defend the defendant with vigour and combativeness, the rostrum of defence which is his battlement, the legal profession which is his cuirass, and the lofty idea of justice which constitutes the ideal of humanity—indifferent to the consequences. A forensic battle with a Commissioner and a Court of expediency as adversary is an extension of the battle the defendant fights for the ideals of Liberty and Democracy. The lawyer must defend the defendant and protect him from arbitrariness and violence.
6. The President and the Boards of Directors of the Bar Associations are, by law, the guardians and custodians of the rules of the Code of Lawyers and of the liberal traditions of the legal profession and the legal vocation. As recipients of the reactions and views of the public legal sphere, they must defend whatever is in the interest of the Greek people and of justice and fight for the proper functioning of justice and the correct administration of the law. For the proper functioning of justice means also the smooth functioning of democracy and the “rule of law”. Without the proper functioning and administration of justice, the practice of law cannot exist or thrive, nor can the legal profession be advanced.
7. In fulfilling its mission to defend the rights and freedoms of the citizen, the Athens Bar has both witnesses and victims. To their memory the Board of Directors of the Bar Association of the Capital dedicates this Code, which contains the rules of conduct that its members must observe in the exercise of the legal profession.
A – THE PROFESSION OF THE LAWYER
Article 1
The lawyer is an unsalaried public officer, and one of the three factors of the triptych of the operation and administration of justice (Judicial Officers, Lawyers, Court Clerks). His mission and purpose is to contribute, by his participation, to the operation of justice and, by the exercise of his profession, to the correct administration of the law.
Article 2
A precondition for the correct administration of justice is the existence and unimpeded operation of the rule of law. The lawyer fights for the existence, preservation and entrenchment of all the preconditions for the operation of the rule of law, and in particular: a) He is a champion of liberty, democracy, peace and social justice. b) He defends with courage and self-denial the Constitution and democratic institutions, and the individual, political and social rights of citizens. c) He fights against any form of tyranny, authoritarian power, violation of constitutional liberties and unlawfulness. d) He defends the independence of the judiciary against any form of intervention by the executive power and any other factor, both within and outside the judicial function. e) He is the natural defender of the wronged and the oppressed.
Article 3
a) The lawyer does not confine himself merely to his narrow professional interests. He takes an interest in the broader problems of the country, offers his knowledge and services for its progress, and exercises his profession in such a way as to be useful both to individuals and to the social whole. b) He takes an interest in improving the conditions for the exercise of the profession and the operation and administration of justice, and participates in all the efforts and struggles undertaken by the Bar Association and the entire legal profession to achieve these aims.
B – RIGHTS OF THE LAWYER
Article 4
The rights of the lawyer are set out in Articles 38 to 61 of the Code of Lawyers and in other special statutes, and indicatively are the following:
1) He represents his client before all courts and all authorities, defends his life, honour, liberty and property, and provides him with legal advice for the regulation of his legal relations (Article 39 paragraph 1 of the Code of Lawyers).
2) In the performance of his duties he has, by law, full freedom, and the courts and the various authorities owe him respect (Article 45 paragraph 1).
3) He renders legal opinions on legal matters on which his opinion is sought (Article 51 of the Code of Lawyers).
4) He drafts the deeds provided for in Article 42 of the Code of Lawyers.
5) He has free access to ministries and to all public buildings, upon presentation of his lawyer’s identification card, on all working days and at hours when access is not permitted to the public, in order to investigate or follow up the cases of his clients (Article 45 paragraph 2 of the Code of Lawyers).
6) He issues, after verification, copies of every kind of document certified by him, which are mandatorily accepted by the courts and authorities (Article 52 of the Code of Lawyers).
7) He translates documents drafted in foreign languages. Such translations are mandatorily accepted by the courts and all authorities, but must be accompanied by the original (Article 53 of the Code of Lawyers).
8) The lawyer is entitled to exercise his profession within the district of the Court of First Instance to which he is appointed. In courts of other districts he may make occasional appearances, in accordance with the conditions of Articles 54 and 55 of the Code of Lawyers. However, he may take on criminal cases in criminal courts of other districts, provided that this is not done systematically and does not amount to the establishment of professional practice in another district or to the circumvention of the provisions of the Code of Lawyers on the transfer of lawyers (Article 56 of the Code of Lawyers). In any case of appearance or activity within the district of other Bar Associations, he must respect the decisions of the local Bar Associations and generally display collegial conduct.
9) The lawyer is remunerated for his legal advice and his judicial and extra-judicial services either on the basis of his agreement with his client or on the basis of the provisions of the Code of Lawyers and the relevant decisions of the Bar Associations. He is not, however, permitted to accept a fee lower than the minimum limits provided by the Code of Lawyers or set by decisions of the Bar Associations. Any waiver by the lawyer of his fee, or any reduction below those limits, is void. The provision of services free of charge or at a fee below the minimum limits is permitted to another lawyer, to a relative up to the third degree, or to indigent litigants (Article 175 of the Code of Lawyers).
C – GENERAL OBLIGATIONS OF THE LAWYER
Article 5
The lawyer has the obligation to exercise his profession guided by his conscience and the law, and to behave with dignity and in accordance with the traditions of the legal profession, both in the exercise of his profession and in his private life.
Article 6
The lawyer has an obligation to undertake every case entrusted to him, if there is a means of defending it. He has, however, the right to refuse to defend a case: a) If, in his opinion, it is unlawful or manifestly unjust. b) If, on the basis of the information provided by the client, it is certain that the case will be lost. c) If it is directed against a relative or a very close friend. d) If, in a similar case which he handled previously, he had supported opposing positions which were accepted by final and irrevocable judgments of courts or administrative authorities. e) If, in defending the case, he would have to contradict published opinions, theories, interpretations or views of his own on the same legal issue. f) If he does not have sufficient time for the proper preparation and defence of the case.
Article 7
The lawyer must, in the exercise of his profession: a) Contribute to the prevailing of truth and justice. b) Endeavour to bring about an amicable resolution of disputes. c) Defend the cases he undertakes with rectitude, conscientiousness and diligence. d) Not neglect the execution of his mandate or the proper and timely conduct of the case entrusted to him, and not delay proceedings. e) Maintain decency and moderation of expression, both in oral and in written judicial or extra-judicial actions, not only towards opposing counsel, but also towards opposing parties, witnesses and all participants in the trial, arbitration, settlement, and any other proceeding. f) Not raise unfounded or baseless objections, nor invoke matters contrary to his conscience. g) Not raise objections and other pleas by surprise, nor introduce them in remittals or addenda, but raise his pleas in due form and in good time, so as to allow the opposing party time to study and rebut them. h) Not maliciously or by surprise raise an objection of lack of authority against a colleague. In the event of raising such an objection, he must notify his colleague in good time. i) Avoid all chicanery and bad-faith actions and always safeguard the standing of the legal profession.
Article 8
Incompatible with the legal profession are the duties of a public or private employee or employee of a Public Law Legal Entity (except as provided in Articles 62 and 63 of the Code of Lawyers). Likewise, the practice of any other science, art, commerce, brokerage and generally any service unrelated to the practice of the profession and incompatible with its independence and dignity.
Article 9
Advertising of the lawyer in newspapers or other mass media, or by letters and any kind of printed material, is prohibited. On business cards and letterheads, only the name, address and the court before which he practises, as well as his academic title (if any), may be inscribed. “The lawyer is entitled to provide the above information to the public by creating a website on the internet and by listing in lawyers’ directories and legal publications, provided that the information is accurate and not misleading and respects the fundamental principles of the profession.” The display of a sign bearing his name and capacity is permitted only at the entrance to the building and at the door of his office. Added by decision of the Board of Directors of the Athens Bar Association of 14 May 2009.
Article 10
The lawyer is prohibited from: a) Attempting to acquire clients by actions incompatible with the dignity of the profession. b) Visiting persons in police custody and in prisons who have not requested his presence. c) Publishing announcements in newspapers or magazines, etc., or notifying various persons by letters that he undertakes judicial or other matters. d) Signing pleadings, legal opinions or other documents which he has not drafted, nor collaborated on with another lawyer. e) Making appearances or other actions before courts or administrative authorities without the mandate of his client. f) Giving advice to or defending a litigant if he has also given advice to the opposing party in the same case. g) Defending, directly or indirectly, both opposing parties. “h) Reproducing in the mass media trials being conducted or pending before the courts (tele-trials). [Decision of the Board of the Athens Bar of 28.3.1996 and of the Plenum of Bar Associations of Greece of 27.4.1996.]”
Article 11
The lawyer has the obligation, in every document he submits to courts or other authorities or serves on third parties, to place beside or beneath his signature his stamp bearing the address of his office and his telephone number.
D – OBLIGATIONS TOWARDS THE BAR ASSOCIATION
Article 12
The lawyer has the obligation, at the beginning of each year, to submit to the Bar Association the declaration provided for in Article 28 of the Code of Lawyers and any other declaration or item decided by the Board of Directors, and to obtain a new identification card.
Article 13
The lawyer has the obligation to maintain an office in the district of the Court of First Instance which is the seat of the Association to which he belongs, either alone or together with other colleagues. In case of change of residence, office or telephone number, he must immediately declare such change in writing to the Association.
Article 14
The lawyer has the obligation to comply with the decisions of the Board of Directors and the General Assemblies, and to behave with decorum at the Assemblies and gatherings, in the courts, and in every place where he exercises his profession.
Article 15
The lawyer has the obligation, when called upon by the Board of Directors, to participate in and offer his services to committees studying matters relating to individual rights and freedoms of citizens, legislation, case-law and professional issues, and to provide his assistance in every way.
Article 16
The lawyer has the obligation to respond to every invitation of the Board of Directors, to attend within the prescribed time limits and, where no time limit is set, within a reasonable time, and to provide explanations or information requested of him, as well as to give testimony or to render services to the Association.
Article 17
The lawyer must take an interest in the improvement of the conditions for the exercise of the legal profession and the position of retired colleagues. He must participate in General Assemblies, gatherings and mobilisations to achieve these aims.
Article 18
A lawyer appointed by the competent court as provisional or final receiver in bankruptcy, expert witness, custodian of a vacant inheritance, or liquidator of a company or cooperative, must notify the Association of his appointment, as well as of the conclusion of his duties.
Article 19
A lawyer who concludes a fee agreement with his client for labour cases, as well as for those falling under the same account of paragraph 7 of Article 25 of Law 723/77, must file a copy of that agreement with the Bar Association, within the time limit set by the relevant provisions of the Code of Lawyers.
E – OBLIGATIONS TOWARDS COLLEAGUES
Article 20
The lawyer must conduct himself with politeness, collegiality and solidarity towards his colleagues.
Article 21
Before undertaking a case for which the client or clients had previously engaged another lawyer, the lawyer must: a) Endeavour to persuade the clients not to revoke the mandate of the previous lawyer, if he finds no reason for revocation. b) If he does not succeed, ensure, before undertaking the case, that the previous colleague has received his fee and expenses from the client or clients. c) If the previous lawyer has not been paid, refuse to undertake the case without his written consent.
Article 22
The lawyer must avoid having a case heard in default against an opposing colleague, unless he is satisfied that the latter has deliberately failed to attend the hearing.
Article 23
If opposing counsel is ill on the day of the hearing or, owing to force majeure, is unable to appear before the court, the lawyer must adjourn the hearing or consent to its adjournment. If opposing counsel requests an adjournment for good cause, the lawyer has the obligation to consent to the adjournment: a) if his client will not be prejudiced by such adjournment; b) if the opposing party has not systematically sought a previous adjournment. In every case, the relevant cost must be paid in advance to the clerk of the court by the party requesting the adjournment.
Article 24
A lawyer who has been summoned, or is in any event to attend, an inspection or expert examination must notify opposing counsel in good time.
Article 25
On the basis of reciprocity, the lawyer has the obligation to disclose in good time to opposing counsel his pleadings, as well as all documents he intends to use during the hearing. A lawyer who, upon the issuance of the judgment, has retrieved “his exhibits” from the court before opposing counsel has obtained copies thereof from the competent clerk has the obligation to issue and provide copies of those documents to his colleague, who shall reimburse the relevant cost. When the lawyer submits to the court an extract from a document in his possession, he has the obligation to provide opposing counsel with a copy of the entire document. When, during the hearing, the lawyer files exhibits together with his pleadings, he has no right to withdraw them if his opponent has also invoked them.
Article 26
In criminal cases, the prior disclosure of documents by counsel for the defendant to counsel for the civil claimant, and vice versa, is not mandatory.
Article 27
The lawyer is prohibited from: using insulting or disparaging expressions about opposing counsel, or displaying arrogance towards him; speaking disparagingly of a colleague who handled any case before him, or of a colleague with whom he is collaborating or has collaborated on a case.
F – OBLIGATIONS TOWARDS THE COURTS
Article 28
Lawyers have an obligation to respect the officers of justice. The same obligation is owed to lawyers by the officers of justice and the court clerks. Any breach of this principle by any party shall be examined also by the Bar Association. If the breach is committed by a lawyer, the Association imposes disciplinary sanctions; if, however, it is committed by a judge, public prosecutor or court clerk, it requests their superiors to impose sanctions. Where the superiors refuse or fail to impose sanctions, the Bar Association exercises public criticism of the misconduct and of the failure to impose sanctions.
Article 29
Lawyers, in all kinds of proceedings, exercise their profession with absolute freedom of opinion, within the framework of the relevant procedural rules. They request the floor from the President of the court and, if he refuses unjustifiably, from the court itself. They have no right to put questions and applications, or to make submissions, unless given the floor, nor to interrupt the President or the judges, the public prosecutor, or their opponent. Where the exercise of the rights of counsel in criminal proceedings or of the attorney-in-fact in civil proceedings is restricted in any way, he must safeguard the standing of the profession, claim the rights afforded him by law, and report the matter to the Bar Association.
Article 30
Both during oral proceedings and in their written pleadings, memoranda and other documents, lawyers must address the court and authorities with decorum. They have, however, the right and obligation to defend their views with vigour and consistency, to refute opposing views of the public prosecutor, the judges or representatives of the authorities, and to fight to prove the innocence of their client or the correctness of the views of the litigant they support, and generally to fight by every lawful means for the proof of truth and the correct interpretation and application of the law.
Article 31
Lawyers shall conduct themselves with dignity towards judges, public prosecutors, court clerks and representatives of public authorities. Undignified conduct and expressions of flattery aimed at obtaining sympathy or a favourable decision or action are prohibited.
Article 32
a. Lawyers are not permitted to be examined as witnesses in court regarding cases and facts which came to their knowledge through the exercise of the profession, whether in court or in extra-judicial work, negotiations, or efforts to settle disputes amicably. b. In exceptional cases, they may be examined as witnesses in a case in which they were involved, or which they know about through the exercise of their profession, if there are weighty reasons. The interested party sets out those reasons in an application to the Association (Board of Directors). The Board assesses them and grants the relevant permission at its discretion. In urgent cases, that permission is granted by the President of the Board. c. Even if they obtain permission from the Board or the President, they are prohibited from testifying about facts entrusted to them by their client and from violating professional secrecy in any way. d. In no case may they be examined as witnesses against their client or former client, or their heirs, even if their mandate has been revoked or terminated. e. The lawyer is not permitted to have, in the same proceeding, two capacities, that of witness and that of counsel. This prohibition does not apply to the lawyer who is the complainant and is also the “civil claimant”. f. When the lawyer is summoned by a court or investigating authority to be examined as a witness and to testify about facts which came to his knowledge through the exercise of the legal profession, he has the right to refuse to testify if such testimony would offend his professional secrecy. If the testimony does not offend secrecy, he has the right to judge in conscience whether and to what extent he should be examined on those facts, always provided that their disclosure will not harm his client and that he obtains permission from the Board or the President. g. In cases where he is bound by professional secrecy, he must declare this to the court or investigating authority that summoned him, without being obliged to give specific reasons for his refusal to testify. h. As to facts which came to his knowledge from another source and not from the exercise of his profession, he is not entitled to refuse to testify, nor does he need permission from the Board or the President.
G – OBLIGATIONS TOWARDS COLLABORATORS
Article 33
The lawyer must conduct himself impeccably towards his collaborators. He must not undervalue their work or comment negatively on their ability or contribution to the client or to any third party. He must observe the agreements regarding the remuneration of his collaborators and provide every assistance for securing and obtaining payment of their fees from the client.
Article 34
Where the lawyer engages a colleague, whether on a regular or occasional basis, whether for the handling of all the matters of his office or for the handling of certain matters, he must: a. Conduct himself towards him in a collegial manner, on equal terms and not as a superior to a subordinate. b. Cooperate with him in a collegial, polite and understanding manner, without offending his pride or his professional and personal dignity, and not engage him in non-legal duties. c. Pay the agreed fee in good time. d. Promote his colleague’s work both to the client, to the courts, and to third parties.
H – RELATIONS BETWEEN LAWYER AND TRAINEE
Article 35
The lawyer who accepts a trainee in his office has the obligation: a. To declare this in writing to the Association. b. To guide the trainee in the practice of law. c. To assign him the study and handling of cases that are simple at first and more substantial later, to provide him with instructions on how to handle them, to discuss with him scientific and practical issues, and generally to provide him with every assistance and support. d. To furnish him with authorisation, where required, for the trainee’s independent appearance, and to make appearances in court together with him (in the trainee’s cases). e. To grant him every certification needed for his traineeship or for participation in examinations. f. To conduct himself towards the trainee with politeness and understanding and not to offend his personality in any way. g. To employ him in legal duties and not in services unrelated to the practice of law.
I – OBLIGATIONS TOWARDS THE CLIENT
Article 36
When the lawyer undertakes the defence of a case, he has the obligation:
1) To represent his client before all courts to which he is admitted and before all authorities, and to perform the necessary acts. If the case is to be heard before a court before which he has no right to appear, he must inform his client and decline the mandate.
2) Not to neglect the execution of the mandate given to him and not to delay it for any reason, but to execute it with conscientiousness and diligence.
3) To strictly maintain professional confidentiality: a. As to whatever his client confided in him, even orally, even if disclosure would not result in damage to the client, or if the information confided by the client has come to public knowledge from another source, or even if the client has released him from the obligation of professional secrecy. b. As to whatever he learned from the study of documents entrusted to him by his client. He is not permitted to make those documents public, or to provide copies to the opposing parties or third parties, or to disclose their contents to them, except in the cases referred to in the preceding articles. c. As to whatever he learned from the examination of his client’s witnesses. d. As to whatever he learned from other lawyers in connection with his client’s case. e. Confidentiality must be maintained not only during, but also after the conclusion of the case or the revocation of the mandate by the client, even after the client’s death, and he must impose it on his collaborators and the staff of his office. f. When the lawyer undertakes a case against a former client, who is being defended by another lawyer, he has no right to disclose to his client professional secrets that had been confided in him by the former client, or to use them against him in any way in the proceedings.
4) The lawyer entrusted with a case against a colleague must notify him for the extra-judicial settlement of the dispute before taking any judicial action. The filing of a criminal complaint by a lawyer against a lawyer is not permitted without prior permission from the President of the Board of Directors.
Article 37
a. The lawyer must endeavour to handle the case entrusted to him in the best and most expeditious manner, minimising the relevant appearances and corresponding expenses of his clients. b. He defends the case at his discretion, without, however, exceeding the limits of the mandate given to him. c. He must inform his client of the progress of the case and of the manner of defence. If his client disagrees, he has the right to withdraw from the defence, but in good time, so that its continuation may be entrusted to another lawyer. d. The agreement on the fee and expenses must be made in such a way that the client clearly understands it and has no excuse for disputes, protests, complaints and quarrels. The fee may be agreed as a lump sum, or as a percentage of the subject matter of the proceedings, or per appearance. It must not, however, be lower than the minimum limits provided by the Code of Lawyers. In the case of a contingent fee arrangement (“ergolavia diki”), if the case is lost, the lawyer is not entitled to receive a fee. As regards expenses, it may be agreed that they shall be borne by the lawyer, or by the litigant, or by both. e. The lawyer has the right to request advance payment of his expenses and fee, or part thereof. If the client refuses the agreed advance payment, he may withdraw from the defence, provided that he does so in good time and returns to his client all documents, so that the case may be entrusted on time to another lawyer. f. When the lawyer justifiably withdraws from the defence, he has the right to demand from his client payment of his fee and expenses for his actions up to the day of his withdrawal. If the client does not pay those amounts, and likewise if the case is concluded and the client does not pay the agreed fee and expenses, the lawyer has the right to retain the documents in his possession until his fee and the relevant costs are paid. g. A lawyer who has withdrawn from the defence of a case is prohibited from undertaking the defence of his original client’s opponent. He may, however, undertake the defence of another case entrusted to him by the opponent of his former client, if it has no connection or relation to the previous case. h. The lawyer is prohibited from entering into agreements with third parties that would harm the interests of his client, or from performing acts that benefit the opponent and harm his client, or from giving harmful advice to his client, or from rendering his assistance during the trial to both litigants directly or indirectly. i. The lawyer who has undertaken the defence of a case has the obligation to give his client a receipt for the documents entrusted to him (if requested) and to keep them for at least five years after the conclusion of the case. j. The lawyer must, within a reasonable time, return to his client the monies he collects on his behalf, and account for the management of money or other assets entrusted to him.
J – RELATIONS BETWEEN LAWYER AND OPPOSING PARTY
Article 38
a) The lawyer has the obligation to avoid all communication with the opposing party and any discussion concerning the case, without the approval of his client. If the opposing party has entrusted the case to a lawyer, his lawyer must also be invited to any such discussion. b) A lawyer entrusted with the defence of a case is prohibited from making telephone calls or sending letters of an extortionate or threatening nature to the opposing party. He is permitted only to communicate to the opponent that he has been entrusted with taking the necessary lawful actions, and to invite him, should he so wish, to settle the matter extra-judicially. c) A lawyer who provides, on a fixed retainer, his legal services to a Public or Private Law Legal Entity is prohibited from undertaking, directly or indirectly, cases of third parties against its members or cases of its members against the Legal Entity. d) The lawyer is prohibited from requesting or accepting any fee from his client’s opponent, or from undertaking his case, before the proceedings he is conducting against him have been definitively concluded. e) The lawyer must respect his opponent and conduct himself politely towards him, avoiding offensive phrases and generally sharpness of expression, as well as any disparaging action or formulation against the opponent that is not necessary for the defence of his client’s rights. f) The lawyer is not permitted to act in a deceitful manner so as to cause loss of rights of the opposing party. He must litigate with honesty and rectitude, without omitting to do anything required for the proper defence of his client’s rights. g) The lawyer is not permitted to cause excessive expense to the opposing party, whether by successive lawsuits, when one lawsuit could be filed instead of many, or by other purposeless actions, or by excessive demands or inflation of court costs. h) The lawyer must not exceed the limits imposed by humanity when undertaking various acts against his client’s opponent, particularly during the enforcement of judgments. He is prohibited from being present during the enforcement of court judgments unless his presence is necessary, but in such case he must obtain permission from the Board or the President.
K – PRIVATE LIFE OF LAWYERS
Article 39
The lawyer must, not only in the exercise of his profession but also in his private life, conduct himself with dignity, so that no comments or defamation arise to the detriment of the legal profession. He must be consistent in all his transactions, and his statements to counterparties or any third parties must be serious and truthful. He must not exploit the ignorance, inexperience, acquaintance, kinship, friendship or trust of his client, the opposing party or any third party towards him, or his profession. In the places of his residence and work, in associations and various organisations in which he participates, in busy public places, on public transport and at public gatherings, he must display conduct exemplary to others.
L – SANCTIONS
Article 40
Breach of the obligations arising from the Code of Lawyers or other statutes and from the Code of Conduct constitutes a disciplinary offence and is punished in accordance with the provisions of Articles 66 to 79 of the Code of Lawyers. Article 41. The Code of Conduct was approved by the Board of Directors of the Athens Bar Association at the meeting of 4 January 1980 and is in force from the day of its publication in the “Nomiko Vima” or the “Code of Nomiko Vima”. “It constitutes a disciplinary offence when the lawyer or the law firm orally pesters, and especially by telephone, the debtor of his client more than once, in order to inform him of his debt and to explore the possibility of extra-judicial resolution of the existing dispute.“
FREQUENTLY ASKED QUESTIONS ON THE CODE OF CONDUCT FOR LAWYERS
1. What does it mean that the lawyer is an unsalaried public officer?
The lawyer is not a mere professional providing services for a fee. He is appointed by presidential decree and is regarded as a “co-operating officer of justice”, together with the judges and court clerks. This means that he has heightened obligations towards the client, the court and society, but also enhanced rights, such as free access to public services and full freedom in the exercise of his duties. For the citizen, this translates into a substantive guarantee: the lawyer who undertakes his case is bound by rules of conduct that go beyond simple contractual obligations and are subject to disciplinary control by the competent Bar Association.
2. What obligations does the lawyer have towards his client?
The lawyer must handle the case with rectitude, conscientiousness and diligence, must not neglect the execution of the mandate, and must not delay proceedings. He is bound by professional secrecy as to whatever the client confides in him and is prohibited from advising the opposing party in the same case at the same time. He has an obligation to inform his client of the progress of the case, to avoid chicanery and bad-faith actions, and to endeavour to bring about an amicable resolution where this serves the client. At the same time, he must maintain decency in his expressions, in both written and oral actions, towards all participants in the trial.
3. Can the lawyer refuse to take on my case?
As a rule, the lawyer has an obligation to undertake every case entrusted to him, provided there is a means of defending it. The Code, however, provides for specific cases of refusal: where the case is judged manifestly unlawful or unjust; where the evidence shows certainty of dismissal; where it is directed against a relative or close friend; where the lawyer has supported opposing positions in a similar case that were finally and irrevocably accepted; or where he does not have sufficient time for proper preparation. The refusal must be made in good time, so that the citizen can turn to another colleague without missing deadlines.
4. What do I do if my lawyer is not fulfilling his duties?
Where there are indications that the lawyer is neglecting the case, breaching confidentiality, simultaneously representing the opposing party, or behaving in a manner contrary to the Code of Conduct, the citizen may submit a complaint to the Bar Association to which the lawyer belongs. The Association exercises disciplinary control and can impose sanctions, ranging from reprimand to temporary or permanent disbarment. In parallel, the client can revoke the mandate and, if he has suffered damage, can bring an action for damages based on civil liability. It is important to keep written correspondence and proof of payments documenting the lawyer’s conduct.
5. How is the lawyer’s fee determined?
The fee is set either by private agreement between lawyer and client, or in accordance with the minimum limits provided by the Code of Lawyers and the decisions of the Bar Associations. A fee lower than these limits is not permitted, and any waiver by the lawyer of his fee is void. An exception is provided for relatives up to the third degree, for other lawyers and for indigent litigants. It is useful for the citizen to seek a clear cost estimate from the outset, to distinguish the fee from court costs and filing fees, and to obtain receipts. In labour cases, the fee agreement is mandatorily filed with the Association.
6. How do I correctly choose a lawyer for my case?
The choice of lawyer depends primarily on specialisation in the subject matter of the case, experience in similar litigation, and availability to deal with it substantively. It is advisable to have a first introductory meeting at which the client presents the facts and the lawyer assesses prospects, time and cost. Under the Code of Conduct, misleading advertising is prohibited, but information through a website or directories is permitted, provided it is accurate. Trust and clear communication are fundamental. A lawyer who promises a “sure win” without studying the file, or who pressures for the immediate signing of a power of attorney, does not meet the ethical standards of the profession.